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HomeMy WebLinkAbout10-08-79 Council Meeting MinutesREGULAR MEETING OCTOBER 8. 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, October 8, 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, and Horvath ABSENT: Council Member Parent 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 24 meeting of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. /s /Roger 0. Parent 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 27 Special 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 Taylor made a motion that the minutes of the September 24 and September 27 meetings of the Council be accepted and placed on,file, seconded by Council Member Dombrowski. The motion carried, Council Member Taylor made a motion to resolve into the Committee of the Whole, seconded by Council Member Adams. The motion carried. REGULAR MEETING OCTOBER 8, 1979 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, October 8, 1979, at .7:02 p.m., with eight members present. Chairman Horvath presiding. BILL NO. 91 -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) (SOUTHEAST CORNER OF PORTGAGE AND THE INDIANA TOLL ROAD.) This -being the time heretofore set for public hearing on the above bill, proponents and opponent were given an opportunity to be heard. Mr. Richard Morgan, attorney for the petitioner, made th presentation for the bill. He indicated this 3.9 acre parcel on the east side of Portage Road was being rezoned to construct a building which will house a Hook's Drug Store, and other avail- able space. He described the surrounding area. Council Member Taylor made a motion to recommen this bill to the Council favorable, seconded by Council Member Adams. The motion carried. 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 UNLOADING EXCEPTIONS, PARKING PROHIBITIONS, AND PENALTIES. This being the time heretofore set for public hearing on the above bill, proponents and opponent were given an opportunity to be heard. Council Member Dombrowski made the presentation for the bill. He indicated he had received numerous citizen complaints about trucks driving through residential areas, parking in residential areas and the problem of adequate enforcement of the present truck route ordinance. He indicated this bill carried three new provisions: trucks shall be prohibited from driving on residential streets unless said vehicle is in the process of delivering or picking up goods; trucks shall be prohibited from parking on city streets un- less designated otherwise by a traffic sign; violation of the provisions will carry a fine up to a maximum of three hundred dollars. Reverend Carl Yoder, 1822 Sherman, indicated that the Association of the Near Northwest Neighborhood supported this bill. Mrs. Jane Swan, 2022 Swygar spoke in support of this bill. Council Member Kopczynski asked if this bill would be enforced by the police department. Council Member Dombrowski indicated that he felt he would receive the cooperation of the police department. Council Member Szymkowiak made a motion to recommend this bill to the Council favorable, seconded by Council Member Adams. Council Member Dombrowski asked the Clerk to send a copy of this bill to each freight line in the City. The motion carrie Council Member Adams made a motion to have public hearing on the next five bills, at this time, seconded by Council Member Dombrowski. The motion carried. BILL NO. 115 -79 A BILL APPROVING ADMINISTRATIVE C1 TRAINING FOR THE ENDING SEPTEMBER AND OBLIGATIONS, EFFECT. MONEYS FOR THE;PURPOSE OF DEFRAYING THE CETA )ST EXPENSE OF THE BUREAU OF EMPLOYMENT AND FISCAL PERIOD BEGINNING OCTOBER 1, 1979, AND 30, 1980, INCLUDING ALL OUTSTANDING CLAIMS AND FIXING A TIME WHEN THE SAME SHALL TAKE 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 OB- LIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. 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. BILL NO. 118 -79 BILL NO. 119 -79 A BILL APPROVING MONEYS FOR THE7,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. 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- LIATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This being the time heretofore set for public hearing on the above bills, proponents and opponen- were given an opportunity to be heard. Mr. Elroy Kelzenberg, Director of the Bureau of Employmej and Training, made the presentation for the bills. He indicated these budgets reflect most, but not all, of the available CETA allocations. He indicated that these budgets reflected only planning allocation figures. He said they will not receive the final allocation figures until some time after the fiscal year begins. Council Member Adams indicated that the Personnel and Finance Committee had met on these budgets and they found no glaring errors in the budgets. Council Member Adams made a motion to recommend Bill No. 115 -79, to the Council favorable, seconi by Council Member Dombrowski. The motion carried. Council Member Adams ::lade motion to recommenc Bill No. 116 -79, to the Council favorable, seconded by Council Member Dombrowski. The motion carried. Council Member Adams made a motion to recommend Bill No. 117 -79, to the Council favor- able, seconded by Council Member Dombrowski. The motion carried. Council Member Adams made a motion to recommend Bill No. 118 -79 to the Council favorable, seconded by Council Member Dombrowski. The motion carried. Council Member Adams made a motion to recommend Bill No. 119 -74 to the Council favorable, seconded by Council Member Dombrowski. The motion carried. 0 REGULAR MEETING OCTOBER 8, 1979 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 being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Patrick McMahon, Director of Public Works, made the presentation for the bill. He indicated this appropriation will allow the City to complete its resurfacing and maintenance program for 1979. Council Member Szymkowiak made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 123 -79 A BILL APPROPRIATING $96,000.00 FROM THE LOCAL ROAD AND STREET FUND TO R &S 60, ORANGE /COLFAX CONNECTOR, WITHIN THE LOCAL ROAD AND STREET FUND. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Patrick McMahon, Director of Public Works, made the presentation for the bill. He indicated this appropriation is necessary to bring the City's local matching fund for construction up to a total of approximately $575,000. Council Member Szymkowiak made a motion to recommend this bill to the Council favorable, 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 being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Patrick McMahon, Director of Public Works, made the presentation for the bill. He indicated this appropriation would allow the City to affect certain improvements to Chapin Street between Sample and Western. He said these improvements will con- sist of the removal of the center island on Chapin Street, widen and channelize the northwest corner of the intersection of Chapin and Western. Council Member Dombrowski made a motion to recommend this bill to the Council favorable, seconded by Council Member Adams. 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 being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Peter Mullen, City Controller, made the presentation for the bill. He indicated this will enable the CIty to make major changes in administering its property and liability insurance program. He said that during the 1979 legislative session of the Indiana General Assembly a law was enacted which now allows cities to set up a cumulative fund to be used for the purpose of defraying those expenses normally associated with providing insurance coverage or retaining risk. He said the City's insurance package has increased from about $86,000 to $868,000 over the last ten years. He said it was felt that alternative methods of financing the potential risks created through the day to day operation of the City was for the City to handle this situation by using combined programs of self - insurance and outside coverage depending on the specific risk. Council Member Serge made a motion to recommend this bill to the Council favorable, seconded by Council Member Szymkowiak. 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 AD- MINISTRATIVE PROGRAMS TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF ADMINISTRATION AND FINANCE. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Peter Mullen, City Controller, made the presentation for the bill. He indicated this appropriation would be used by ACTION to provide more adequate facilities in their headquarters. He said ACTION was leasing a City -owned Fire Station at 1820 S. Michigan Street. He said this ordinance is for contractual services primarily for the weatherization services ACTION is providing to their clients who fall below the poverty level in South Bend. Council Member Serge made a motion to recommend this bill to the Council favor- able, seconded by Council Member Dombrowski. The motion carried. BILL NO. 127 -79 A BILL TRANSFERRING $63,100.00 AMONG VARIOUS ACCOUNTS, ALL ACCOUNTS BEING WITHIN THE CENTURY CENTER OPERATIONS FUND OF THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Peter Mullen, City Controller, made the presentation for the bill. He said that each year at this time the City starts adjusting budgets so that they reflect more closely the actual spending trends and priorities of individual departments and operations. Council Member Miller made a motion to recommend this bill to the Council favorable, seconded by Council Member Szymkowiak. The motion carried. REGULAR MEETING OCTOBER 8, 1979 COMMITTEE OF THE WHOLE MEETING (CONTINUED BILL NO. 129 -79 A BILL AMENDING VARIOUS SECTIONS OF CHAPTER 15, ARTICLE 2, COMMONLY KNOWN AS TAXICABS OF THE MUNICIPAL CODE OF THE. CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on the above bill, proponents and opponent were given an opportunity to be heard. Mr. Kevin Butler, attorney for the taxicab companies, made the presentation for the bill. He said the bill provides that the scheduled rates of fare can b established by the operators, after filing with the Clerk of the Board of Public Works and thirt days following publication of the new or changed schedule of rates, and displaying the new schedule in view of all passengers. Kathy Cekanski - Farrand, Council Attorney, indicated that the Council had discussed this proposed bill.on several occasions. She asked that the bill be amended in Section I, Section 15 -21 by adding paragraph (a) to read "The holder of a certificate of convenience and necessity under this article shall pay one- hundred twenty -five dollars ($125.00) per year to the Controller for reach twenty -two (22) feet of the public streets OCCUPiEd and used as a taxi stand; and eliminate the last sentence which reads "If any taxi stand permit is granted by the City on streets not equipped with parking meters, this fee shall not be charged." Council Member Miller made a motion to amend this bill, seconded by Council Member Taylor. Mrs. Farrand asked that the bill be further amended by deleting Sub - Section (3) of Section 15 -16, adding a new Section II as follows: "Until an operator, as defined by Section 15 -8 (7) of the Municipal Code of the City of South Bend, Indiana, establishes the first schedule rates of fare as provided for in Section 15 -16 of said Municipal Code, as amended by this Ordinance, the rates of fare set forth in said Section 15 -16 prior to the amendment contained in this ordinance shall remain in effect, except that, after the effective date of this ordinance until such first scheduled rates of are are established, each operator shall charge One dollar ($1,00) for the first one -fifth (1/5) of a mile or fraction thereof. "; Section II is redesignated as Section III. Council Member Miller made a motion to amend his motion to include the additional amendments, seconded by Council Member Taylor. The motion carried. Council Member Miller made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Dombrowski. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Domb 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: Chairman Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 7:55 p.m. Council Vice President Serge presiding and eight members present. BILLS, SECOND READING ORDINANCE NO. 6647 -79 AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMNDNLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (SOUTHEAST CORNER OF PORTAGE AND THE INDIANA TOLL ROAD.) 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 eight ayes. ORDINANCE NO. 6648 -79 AN ORDINANCE AMENDING CHAPTER 20, ARTICLE 8, COMMONLY KNOWN AS TRUCK ROUTES BY ADMING SECTION 20 -109 TO INCLUDE DELIVERY AND UNLOADING EXCEPTIONS, PARKING PROHIBITIONS, AND PENALTIES. 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 eight ayes. ORDINANCE NO. 6649 -79 AN ORDINANCE 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, 1079, AND ENDING SEPTEMBER 30, 1980, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 6650 -79 AN ORDINANCE 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 OBLIGA- TIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This bill had second reading. Council Member Dombrowski made a motion to pass this bill, seconde by Council Member Taylor. The bill passed by a roll call vote of eight ayes. ki 493 REGULAR MEETING RECONVENED (CONTINUED) ORDINANCE NO. 6651 -79 AN ORDINANCE 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 OBLIGATIONS AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. 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 eight ayes. ORDINANCE NO. 6652 -79 AN ORDINANCE 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 OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. 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 eight ayes. ORDINANCE NO. 6653 -79 AN ORDINANCE 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 OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. 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 eight ayes. ORDINANCE NO. 6654 -79 AN ORDINANCE APPROPRIATING $60,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC WORK PROGRAMS TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC WORKS. This bill had second reading. Council Member Dombrowski made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 6655 -79 AN ORDINANCE APPROPRIATING $96,000.00 FROM THE LOCAL ROAD AND STREET FUND TO R &S 60, ORANGE /COLFAX CONNECTOR, WITHIN THE LOCAL ROAD AND STREET FUND. This bill had second reading. Council Member Dombrowski made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 6656 -79 AN ORDINANCE APPROPRIATING $50,000.00 FROM THE LOCAL ROAD AND STREET FUND TO R &S 7907 - CHAPIN STREET CHANNELIZAT_ION IMPROVEMENTS WITHIN THE LOCAL ROAD AND STREET 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 eight ayes. ORDINANCE NO. 6657 -79 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING A NON- REVERTING "INSURANCE PREMIUM AND LIABILITY RESERVE FUND." This bill had second reading. Council Member Dombrowski made a motion to pass this bill, seconded by Council Member Adams. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 6658 -79 AN ORDINANCE 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 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 eight ayes. ORDINANCE NO..6659 -79 AN ORDINANCE TRANSFERRING $63,100.00 AMONG VARIOUS ACCOUNTS, ALL ACCOUNTS BEING WITHIN THE CENTURY CENTER OPERATIONS FUND OF THE CITY OF SOUTH BEND, INDIANA. This bill had second reading. Council Member Dombrowski made a motion to pass this bill, seconded by Council Member Szymkowiak. The bill passed by a roll call vote of seven ayes and one nay (Council Member Kopczynski.) ORDINANCE NO. 6660 -79 AN ORDINANCE AMENDING VARIOUS SECTIONS OF CHAPTER 15, ARTICLE 2, COMMONLY KNOWN AS TAXICABS OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA. This bill had second reading. Council Member Taylor made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Szymkowiak. The motion carried. Council Memberpombrowski made a motion to pass this bill, as amended, seconded by Council Member Adams. The bill passed by a roll call vote of eight ayes. REGULAR MEETING OCTOBER 8, 1979 REGULAR MEETING RECONVENED (CONTINUED RESOLUTIONS RESOLUTION NO. 724 -79 A RESOLUTION TRANSFERRING $15,500.00 FROM ACCOUNT 110.0, SALARIES & WAGES, REGULAR TO ACCOUNT 120.0, SALARIES & WAGES, TEMPORARY. ALL ACCOUNTS BEING WITHIN THE SAME MAJOR CLASSIFICATION OF THE DEPARTMENT OF PUBLIC PARKS BUDGET. STATEMENT OF PURPOSE AND INTENT: WHEREAS, certain extraordinary conditions have developed since the adoption of the existing budget, so that it is now necessary to appropriate more money than was originally appropriated in the budget for the various functions of the Department of Public Parks to meeting such extra- ordinary conditions, and WHEREAS, additional funds are needed for account 120.0, Salaries & wages Temporary, to enable the Department of Public Parks to properly perform its functions; and WHEREAS, a surplus exists in another account where it is not presently needed. This surplus is shown more specifically as follows, to -wit: $15,500 in Account 110.0, Salaries & Wages, Regular NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend: Section I: That account 110.0, Salaries & Wages, Regular, be reduced by $15,500.00, and of this $15,500.00 be appropriated and transferred to 112.0, Salaries & Wages, Temporary. 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. /s /Joseph T. Serge Member of the Common Council A public hearing was held on the resolution at this time. Mr. James Seitz, Superintendent of Public Parks, indicated that there was a surplus in account 110.0 because the Park Board has not been able to fill the zoo director position at the salary established in the 1979 budget. He said a shortage exists in account 120.0 because of severe reductions made during the 1979 budget review. Council Member Szymkowiak 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. 725 -79 A RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A MEMORANDUM OF INTENT BETWEEN THE CITY OF SOUTH BEND, INDIANA, AND RIVER GLEN OFFICE PLAZA ASSOCIATES, AN INDIANA GENERAL PARTNERSHIP, PROVIDING FOR THE ISSUANCE BY SAID CITY OF ITS ECONOMIC DEVELOPMENT REVENUE BONDS PURSUANT TO THE PROVISIONS OF INDIANA CODE, TITLE 18, ARTICLE 6, CHAPTER 4.5, AS AMENDED. The area still has insufficient employment opportunities and insufficient diversifications of industries, which conditions are harmful to the economic stablity and general welfare of the area and, if not remedied, will be detrimental to the development of such area. The City of South Bend (the "City ") is authorized under the provisions of Indiana Code, Title 18, Article 6, Chapter 4.5, as amended (the "Act "), to acquire, construct and finance economic development projects for the users thereof and to provide for the issuance of revenue bonds in conjunction therewith. The City, in order to implement the public purposes enumerated in the Act and in further- ance thereof to induce River Glen Office Plaza Associates, an Indiana general partnership (the "Developer ") to purchase land and construct and equip an office building (hereinafter collectively called the "Project ") within the limits of the City, has indicated its intent to issue its revenue bonds under and pursuant to the provisions of the Act and to apply the pro- ceeds therefrom to the payment of the costs of the Project. The Developer, after considering a number of possible locations within and outside of the State of Indiana, and in reliance upon the intent of the City to finance the Project through the issuance of revenue bonds under the provisions of the Act, has determined to construct the Project within the limits of the City. It is now deemed advisable to authorize the execution and delivery by the City of a Memborandum of Intent expressing formally and in writing the understanding heretofore formally agreed upon by the City and the Developer. NOW, THEREFORE, be it resolved by the Common Council of the City of South Bend, Indiana, as follows: Section I. The Mayor is hereby authorized and directed to execute a Memorandum of Intent by and between the City and the Developer and the City Clerk is hereby authorized and directed to affix the seal of the City therereto and to attest the same; and said Mayor and City Clerk are hereby authorized and directed to cause said Memorandum of Intent to be delivered to, accepted and executed by the Developer, said Memorandum of Intent, which is hereby approved and incorporated by reference and made a part of this authorizing resolution, to be in sub- stantially the form attached hereto. 95 REGULAR MEETING OCTOBER 8, 1979 REGULAR MEETING RECONVENED (CONTINUED Section 2. All resolutions and orders, or parts thereof, in conflict with the provisions of this resolution are, to the extent to such conflict, hereby repealed and this resolution shall be in immediate effect from and after its - adoption. /s /Joseph T. Serge Member of the Common Council A public hearing was held on the resolution at this time. Mr. Kevin Butler, attorney for the River Glen Office Plaza Associates, indicated this inducement resolution was for an office building that will be constructed in Block 6. He said they anticipated there would be forty new jobs for the community with an annual payroll of $600,000. He said if this is approved by the Economic Development Commission, this will come back to the Council in ordinance form. Council Member Horvath made a motion to adopt this resolution, seconded by Council Member Adams. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION A RESOLUTION OF THE SOUTH BEND COMMON COUNCIL DECLARING CERTAIN PORTIONS OF SOUTH BEND, INDIANA TO BE URBAN DEVELOPMENT AREAS FOR PURPOSES OF I.C. § 6 -1.1- 12.1 -1 THROUGH I.C. 6- 1.1- 12.1 -6 INCLUSIVE. A public hearing was held on the resolution at this time. Mr. Ernest Szarwark, attorney for the Niles Avenue Partnership Project, indicated they were seeking tax abatement in the East Race area. He said that area was definitely blighted. He said they planned to renovate three old structures at the northwest corner of Jefferson and Niles for restaurants and shops. He indicated in order to go ahead with their plans it was necessary that they receive tax abatement. Council Member Kopczynski made a motion that the title include the name of the petitioner "Niles Avenue Partnership ", seconded by Council Member Dombrowski. The motion carried. Mr. Carl Ellison, Director of Redevelopment, indicated that the Redevelopment Commission supported the urban development designation for the area, but the Commission has not made an official finding. He said that the property in question is definitely blighted. Council Member Szymkowiak made a motion to adopt this resolution, seconded by Council Member Miller. Council Member Miller indicated that he agreed that the - Council should establish guidelines for tax abatement, however, the petitioner should not be penalized because the Council has not done their job. He said this area was definitely blighted. Council Member Adams indicated that several on the Council would prefer to set up standards, and if these resolutions are adopted, the Council would be setting them as standards. She indicated the Council needed to have a meeting with Redevelopment and at that time establish general guidelines. Council Member Taylor indicated that the Council was not happy with the piecemeal approach. He indicated they would like to have a meeting next Monday night at 6:30 p.m. The - motion 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 continue public hearing on this resolution until October 22, seconded by Council Member Taylor. The motion carried. RESOLUTION NO. 726 -79 A RESOLUTION OF THE SOUTH BEND COMMON COUNCIL DELCARING CERTAINS 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. 96 -1.1- 12.1 -6 IN- CLUSIVE RELATING TO THE RIVER GLEN OFFICE PLAZA ASSOCIATES PROJECT. WHEREAS; upon investigation of the condition 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-can- not be corrected by regulatory processes, or by the ordinary operations of private enterprise, without resort to the special provisions under state law benefiting urban development areas. 2. That the public health and welfare will be benefited by the redevelop- ment of such area under the provisions of state law benefiting urban develop - areas. 3. That the downtown area of South Bend, Indiana with respect to which these findings are made is the area bounded as follows: A PARCEL IN THE SOUTHEAST QUARTER AND THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST, ALSO BEING A PART OF BLOCK 8 OF THE UN- RECORDED PLAT OF RIVER BEND ADDITION, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, DESCRIBED AS FOLLOWS: Commencing at the intersection of the East - Right -of -Way line of Columbia Street and the North Right -of -Way line of Monroe Street; thence North 890 38' 42" East along said North Right -of -Way of Monroe Street 250.00 feet to the POINT OF BEGINNING; thence North 00 21' 18" West 55.00 feet; thence North 390 35' 12" West of 67.66 feet; thence North 520 00' 00" East 343.08 feet; thence South 380 42' 21" East 72.09 feet; thence South 00 30' 18" East 263.46 feet to the North Right -of -Way of Monroe Street; thence 61.24 feet Westerly on said Right -of -Way line on a curve to the left having a radius of 614.21 feet and subtended by a long chord 61.18 feet in length and having a bearing of North 870 30' 03" West; thence South 800 38' 42" West along said North Right -of -Way line of Monroe Street 213.18 feet to the Point of Beginning, containing 1.544 acres. 4. That the designation of such downtown areas as an urban development area for purposes of I.C. §6 -1.1- 12.1 -1 through I.C. ss6 -1.1- 12.1 -6, inclusive, will materially benefit the city and inhabitants of South Bend, Indiana, by significantly encouraging the construction, reconstruction, improvement, n.nH ssanArnl r1ANTi� l nnmrznt of thn r1nxx7ntnsx7n aroa avnrl tlho hiii Irliv"m —A -1 a 1 REGULAR MEETING OCTOBER 8, 1979 REGULAR MEETING RECONVENED (CONTINUED) 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 b an Urban Development Area for purposes of I.C. 96 -1.1- 12.1 -1 through I.C. 16 -1.1- 12.1 -6 inclusive, which area in South Bend, Indiana is located within the following general boundaries as shown above. /s /Joseph T. Serge Member of the Common Council A public hearing was held on the resolution at this time. Mr. Charles Clark an employee of the Holladay Corporation, indicated they were planning to build an office facility in Block 6, which has been deemed an urban development area. He indicated that it was paramount that they receive tax abatement. He indicated that the purchase of their Economic Development Bonds de- pended upon receiving this abatement. He indicated they were in a construction bind and had to receive this abatement tonight. Mr. Carl Ellison indicated that the Redevelopment Commission supported the urban development area for this particular project. He said this abatement is essential to make the project work. Mr. Jim Cook, a partner in Anchor Realty, indicated that he would suggest that this resolution be adopted. He said their project could wait until next meeting, however, timing was critical in this situation due to weather. Council Member Horvath made a motion to amend this resolution by adding to the title "Relating to the River Glen Office Plaza Associates Project ", seconded by Council Member Dombrowski. The motion car- ried. Council Member Miller made a motion to adopt this resolution, seconded by Council Member Taylor. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 727 -79 AN INDUCEMENT RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA, RELATING TO SOUTH BEND TOOL AND DIE, CO., INC. WHEREAS, at the present time there are insufficient employment opportunities and insufficeni diversification of business, commerce and industry in and near the City of South Bend, Indiana (the "City "); and WHEREAS, the economic welfare of the City would be benefited by the acquisition and con - struction of economic development facilities pursuant to the provisions of Indiana Code 18 -6 -4.5 (the "Act:); and WHEREAS, South Bend Tool and Die Co., Inc., an Indiana corporation ( "Tool and Die ") proposed to acquire and construct economic development facilities as defined in the Act for the use of South Bend Fabricating Co., ( "Fabricating ") a wholly owned subsidiary of Tool and Die if the City will finance costs of such economic development facilities pursuant to the Act; and WHEREAS, the South Bend Economic Development Commission has received an application by Tool and Die for the issuance of City of South Bend Economic Development Bonds in an amount not to exceed Six Hundred Thousand and no /100 Dollars ($600,000.00) repayable with interest thereon at a rate of eight and one -half percent (8 -1/2 %) per annum over a period of fifteen (15) years in order to construct a new industrial plant containing approximately 16,500 square feet resulting in an increase of approximately five (5) employees of Fabricating with an in- creased annual payroll of approximately Eighty Thousand and no /100 Dollars ($80,000.00) per year. NOW, THEREFORE, the Common Council of the CIty of South Bend, Indiana resolves as follows: 1. The Project constitutes economic development facilities which shall be financed by the City through the issuance of revenue bonds pursuant to the Act and the City is willing, upon compliance with all provisions of Indiana law, to authorize approximately Six Hundred Thousand and no /100 Dollars ($600,000.00) of its revenue bonds, which bonds will not be general obligations of the City but will be payable solely from the limited sources authorized and permitted by the Act. 2. The proposed financing will be of benefit to the economic welfare of the City and will comply with the purposes and provisions of the Act. 3. The Company may proceed with acquisition and construction of the economic development facilities in reliance upon this resolution. /s /Joseph T. Serge 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 was an inducement resolution for a $600,000 bond issue to construct a new industrial plant. He said if this is approved by the Economic Development Commission, it will come back to the Council in ordinance form. Council Member Adams made a motion to adopt this resolution, seconded by Council Member Dombrowski. 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