Loading...
HomeMy WebLinkAbout10-22-79 Council Meeting MinutesREGULAR MEETING OCTOBER 22, 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 22, 1979, at 7:00 p.m. The meeting was called to order and the Pledge to the Flag was given. X1*1W1WyiV0 PRESENT: Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent ABSENT: None REPORT FROM THE SUB - COMMITTEE ON MINUTES To the Common Council of the City of South Bend: Your sub - committee on the inspection and supervision of the minutes would respectfully report that it has inspected the minutes of the October 8, 1979 meeting of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. /s /Mary Christine Adams Council Member Serge made a motion that the minutes of the October 8, 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 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, October 22, 1979, at 7:01 p.m., with nine members present. Chairman Horvath presiding. BILL NO. 109 -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) (NORTHWEST CORNER OF OAK AND CHAPIN STREETS.) This being the time heretofore set for public hearing on the above bill, proponents and opponent: were given an oppportunity to be heard. Since the petitioner was not in the Chambers, Council President Parent made a motion to continue the public hearing on this bill until the latter part of the Committee of the Whole meeting, seconded by Council Member Adams. The motion car- ried. BILL NO. 131 -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 AUTEN AND LAUREL ROADS.) 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 Johnson, Director of Area Plan, made the presentation for the bill. He indicated that Area Plan initiated this rezoning when they re- ceived notice from the City Legal Department that this property was officially a part of the City. He said that the developers were going to construct one hundred apartment units and the balance of the land will be used for single family duplex and quads. He indicated that his development would have all of the City services extended to them. He said that this rezoning would be subject to a final site plan, even though Area Plan had initiated this rezoning. Council Member Adams asked the developer why they had not joined with the City in fighting the suit filed against the annexation. Mr. Larry Guy, President of Laurel Woods, indicated it was on their attorney's advice. Council Member Serge made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. BILL NO. 132 -79 A BILL AMENDING CHAPTER 13, ARTICLE 4, SECTION 13 -57, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, BY AUTHORIZING THE BOARD OF PUBLIC WORKS TO GRANT A VARIANCE FROM THE PROHIBITION AGAINST COMMERCIAL ADVERTISING BY USE OF LOUDSPEAKERS OR OTHER SOUND REPRODUCING DEVICES. This being the time heretofore set for public hearing on the above bill, proponents and opponent: were given an opportunity to be heard. Mr. Fred C. Boynton, a local attorney, indicated he was representing a client in the downtown area who wished to build a caroling bell tower, and this was in violation of the City Code. He indicated that this proposed bill would not change the Code in any degree, it only grants a form for a business to petition to the Board of Public Works to use sound reproduction devices. He indicated that the proposed bell tower would not create a loud raucous noise. Mrs. Jane Swan, 2022 Swygart, indicated that noise has become one thing that is really bothering everyone. She indicated she would prefer this variance not be granted. Council Member Adams indicated she was concerned about the enforcement and who would decide what is too much noise. She made a motion to defeat this bill, seconded by Council Member Dombrowski. The motion carried. 1s REGULAR MEETING OCTOBER 22, 1979 COMMITTEE OF THE WHOLE MEETING (CONTINUED BILL NO. 133 -79 A BILL AMENDING CHAPTER 20 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, BY ADDING A NEW ARTICLE 10 AUTHORIZING THE BOARD OF PUBLIC WORKS TO ESTABLISH RESIDENTIAL PARKING ZONES. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Terry Miller, Third District Councilman, made the pre- sentation for the bill. He indicated that two - thirds of the residents in an area can petition for a residential parking zone. He said it is then up to the Board of Public Works to deter- mine if this is warranted. He indicated this bill should not be delayed. He said this bill was patterned after an ordinance in force in Arlington, Va., which has been tested in the United States Supreme Court and upheld. He asked theCouncil to give this ordinance a chance. Anabel Brehmer, 609 N. Lafayette, indicated her neighborhood should be included because they have the same problem with Memorial Hospital employees. Bevery Beck, 1630 E. Randolph, spoke in favor of giving this ordinance a try. Marjorie Proctor - Smith, 1702 Hildreth, indicated that the residents of that area want a solution to their parking problems that will work. Mildred Westfall, 840 N. Main, indicated she never had a place to park in front of her home. Mr. Patrick Brennan, 312 W. Navarre, indicated they had a problem with the Memorial Hospital and Medical Foundation employees parking in frontof their home. He said he would like to see this ordinance enacted. Judi Kline, 1018 E. Esther, asked if it would be possible to try something in that area, and use them as a guinea pig for-the rest of the City. Jane Swan, 2022 Swygart, indicated that acting on this bill tonight would not be a solution. She said she thought this should be delayed and a solution should be found. Marilyn Flory, who resides on Hildreth, indicated that Indiana University was planning to build a library, on one of their parking lots which would only increase the parking problem. Kathleen Cekanski - Farrand, Council Attorney, in- dicated that the language in this bill would have to be tightened. She said that the word "household" would have to be defined. She indicated she favored delaying this bill as she had not read Mr. Masters', assistant City Attorney, opinion and he had not read hers. Council Member Kopczynski asked Mrs. Farrand to write to Evanston and Madison, Wisconsin to see how they treated this problem. Council President Parent asked Mrs. Farrand if she was saying she was not sure of the language of the bill. She indicated there was a technical problem with the language as written. Jim Masters, Assistant City Attorney, indicated that the City Attorney's office was responsible for defending any ordinance. He said it. was his opinion, based upon the U.S. Supreme Court, that this bill will stand a constitutional challenge. Mr. Patrick McMahon, Director of Public Works, indicated that he felt that the biggest problem with this bill is that it was going to effect too many areas in the City. Council President Parent indicated that they could continue to work on this bill,.or use it as a trial in one neighborhood. Counci. Member Taylor made a motion to recess, seconded by Council President Parent. Council Member Kopczynski indicated that the Council should go on record that the City should provide off - street parking in congested neighborhoods. The motion carried and the meeting was recessed at 8:02 p.m., and reconvened at 8:15 p.m. Council Member Serge indicated that he had the same problem in his district. Council Member Szymkowiak indicated that he felt the neighborhood should take up a petition and submit it to Indiana University at Bloomington. Council Member Miller made a motion to amend this bill in Section II, (b) strike the word "household" and say "family" as defined in Chapter 21 -1 (a) (22) of this Code. Council Member Miller indicated he would like to try this in the I.U.S.B. area for six months, and have a letter sent to the Board of Public Works requesting that this be tried in one area for six months and at which time the Council would review the ordinance. Council Member Taylor indicated he thought this was worth a trial basis. He made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Parent. Council Member Adams asked if the Board of Works could legally apply this to one neighborhood. Mr. Masters indicated he had problems with the Council indicated that here only be one neighborhood. Mr. Peter Mullen, City Controller, indica- there was a need for this ordinance, but more work has to be done to make it work. He said he thought the time should be taken to work on this and make it a good ordinance. The motion car- ried. BILL NO. 134 -79 A BILL APPROPRIATING INTEREST EARNED FROM THE PURCHASE OF CERTIFICATES OF DEPOSIT OUT.OF THE PROCEEDS OF THE 1977 PARK DISTRICT BONDS TO THE PARK DISTRICT BOND CONSTRUCTION FUND 50 IN THE AMOUNT OF $17,000.00. 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 Seitz, Superintendent of Public Parks, made the presentation for the bill. He said they were requesting this appropriation in order to do some paving at Potawatomi, and erect a physical fitness course at Paul F. Boehm Park, as well as landscaping. Council Member Dombrowski made a motion to recommend this bill to the Council favorable, seconded by Council Member Adams. The motion carried. BILL NO. 109 -79 A BILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDIANANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (NORTHWEST CORNER OF OAK AND CHAPIN STREETS.) This being the time heretofore set for public hearing on the above bill, proponents and opponent were given an opportunity to be heard. Mr. Ron Gerencher, of Louie's Tux Shop, made the pre- sentation for the bill. He said this rezoning was to allow additional parking for Slidecraft and the tux shop, as well as a storage building for the tux shop. Council Member. Kopczynski made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. There being Dombrowski The motion ATTEST: City Clerk no further business to come before the Committee of the Whole, Council Member made a motion to rise and report to the Council, seconded by Council Member Adams. carried. ATTEST: Chairman • • REGULAR MEETING RECONVENED 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 8:34 p.m. Council President Parent presiding and nine members present. BILLS, SECOND READING ORDINANCE NO. 6661 -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) (NORTH - WEST CORNER OF OAK AND CHAPIN STREETS.) This bill had second reading. Council Member Kopczynski made a motion to pass this bill, seconder by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6662 -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) (SOUTH- EAST CORNER OF AUTEN AND LAUREL ROADS.) This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. BILL NO. 132 -79 A BILL AMENDING CHAPTER 13, ARTICLE 4, SECTION 13 -57 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, BY AUTHORIZING THE BOARD OF PUBLIC WORKS TO GRANT A VARIANCE FROM THE PROHIBITION AGAINST COMMERCIAL ADVERTISING BY USE OF LOUDSPEAKERS OR OTHER SOUND REPRODUCTION DEVICES. This bill had second reading. Council Member Kopczynski made a motion to defeat this bill, seconded by Council Member Dombrowski. The bill was defeated by a roll call vote of nine ayes. ORDINANCE NO. 6663 -79 AN ORDINANCE AMENDING CHAPTER 20 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, BY ADDING A NEW ARTICLE 10 AUTHORIZING THE BOARD OF PUBLIC WORKS TO ESTABLISH RESIDENTIAL PARKING ZONES. 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 Kopczynski. The motion carried. Council Member Taylor made a motion to pass this bill, as amended, seconded by Council Member Kopczynski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6664 -79 AN ORDINANCE APPROPRIATING INTEREST EARNED FROM THE PUR- CHASE OF CERTIFICATES OF DEPOSIT OUT OF THE PROCEEDS OF THE 1977 PARK DISTRICT BONDS TO THE PARK DISTRICT BOND CONSTRUCTION FUND 50 IN THE AMOUNT OF $17,000.00 This bill had second reading. Council Member Dombrowski made a- motion to pass this bill, secondei by Council Member ADams. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 729 -79 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, RELATING TO THE NILES AVENUE PARTNERSHIP. WHEREAS, upon investigation of the condition of certain portions of South Bend, Indiana, has found: 1. That certain portions of South Bend, Indiana, as specifically herein described, have become blighted to such an extent that such conditions cannot be corrected by regulatory processes, or by the ordinary operations of private enterprise, with- out resort to the special provisions under state law benefiting urban development areas. 2. That the public health and welfare will be benefited by the redevelopment of such portions of South Bend, Indiana, under the provisions of state law benefiting urban development areas, 3. That the portions of South Bend, Indiana, with respect to which these findings are made are the areas described as follows: Lot Number One (1) as shown on the recorded Plat of Ed Neddo's Subdivision of Lot Numbered One (1) in William C. Heck's Addition to the City of South Bend, and a part of Lot Numbered One Hundred Fifty -seven (157) in Samuel L. Cottrell's Addition to the Town of Lowell, now within and a part of the City of South Bend, which parcel is sometimes described as being a lot or.parcel of land Thirty (30) feet in width, North and South, taken off of and from the entire length of the South side of Lot Numbered One (1) as shown on the re- corded Plat of William C. Heck's Addition to the City of South Bend. Lots Numbered Two (2) and Three (3) as shown on the recorded Plat of Ed Neddo's Subdivision of Lot Numbered One (1) in William C. Heck's Addition to the City of South Bend. REGULAR MEETING OCTOBER 22, 1979 REGULAR MEETING RECONVENED (CONTINUED) Also, Lots Numbered Four (4) and Five (5) as shown on the recorded Plat of Ed Neddo's Subdivision of Lot Numbered One (1) in William C. Heck's Addition to the City of South Bend, and of a part of Lot Numbered One Hundred Fifty - seven (157) in Samuel Cottrell's Addition to the Town of Lowell, now within and a part of the City of South Bend. Also, beginning at the Northeast corner of said Lot Numbered Five (5) in said Ed Neddo's Subdivision, which is a point in the Westerly line of Emerick Street, now Niles Avenue, 60.45 feet Southeasterly from the first angle South of Washington Avenue in said city; thence with an angle to the right turned from said Westerly line of Niles Avenue, of 97 degrees, a distance of 60 feet, more or less, to the St. Joseph River; thence upstream with said River, to the Northerly.line of said Lot Numbered Five (5) in said Ed Neddo's Subdivision; thence Northeasterly with said Northerly line to the place of beginning, and being all of the land lying between said lot Numbered Five (5) and a line describing the Southern boundary of the Michigan Central Railway Company's holdings. 4. That the designation of such portions of South Bend, Indiana, as urban deveop- ment areas for purposes of I.C. §6 -1.1- 12.1 -1 through I.C. §6 -1.1- 12.1 -6, inclusive, will materially benefit the city and inhabitants of South Bend, Indiana, by signi- ficantly encouraging the construction, reconstruction, improvements, 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 portions of South Bend, Indiana, are declared blighted areas 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 such portions of South Bend, Indiana, 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 portions of South Bend, Indiana, so described are hereby de- clared and found to be Urban Development Areas for purposes of I.C. 06 -1.1- 12.1-1 through I.C. §6 -1.1- 12.1 -6, inclusive, which portions of South Bend, Indiana, are located within the following general boundaries: Lot Numbered One (1) as shown on the recorded Plat of Ed Neddo's Subdivision of Lot Numbered One (1) in William C. Heck's Addition to the City of South Bend, and a part of Lot Numbered One _Hundred Fifty -seven (157) in Samuel L. Cottrell's Addition to the Town of Lowell, now within and a part of the City of :South Bend, which parcel is sometimes described as being a lot or parcel of land thirty (30) feet in width, North and South, taken off of and from the entire length of the South side of Lot Numbered One (1) as shown on the recorded Plat of William C. Heck's Addition to the City of South Bend. Lots Numbered Two (2) and Three (3) as shown on the recorded Plat of Ed Neddo's Subdivision of Lot Numbered One (1) in William C. Heck's Addition to the City of South Bend. Also, Lots Numbered Four (4) and Five (5) as shown on the recorded Plat of Ed Neddo's Subdivision of Lot Numbered One (1) in William C. Heck's Addition to the City of South Bend, and of a part of Lot Numbered One Hundred Fifty -seven (157) in Samuel Cottrell's Addition to the Town of Lowell, now within and a part of the City of South Bend. Also, beginning at the Northeast corner of said Lot Numbered Five (5) in said Ed Neddo's Subdivision, which is a point in the Westerly line of Emerick Street, now Niles Avenue, 60.45 feet Southeasterly from the first angle South of Washington Avenue in said city; thence with an angle to the right turned from said Westerly line of Niles Avenue, of 97 degrees, a distance of 60 feet, more or less, to the St. Joseph River; thence up- stream with said River, to the Northerly line of said Lot Numbered Five (5) in said Ed Neddo's Subdivision; thence Northeasterly with said Northerly line to the place of beginning, and being all of the land lying between said Lot Numbered Five (5) and a line describing the Southern boundary of the Michigan Central Railway Company's holdings. /s /Joseph T. Serge Member of the Common Council A public hearing was held on the resolution at this time. Mr. Ernest Szarwark, attorney for the Niles Avenue Partnership, indicated they were seeking tax abatement. He said they planned to renovate three old structures at a'cost of $850,000, into restaurants and shops. He said it would be an ultra modern complex. Council Member Adams made a motion to adopt this resolu- tion, as amended, seconded by Council Member Dombrowski. The resolution was adopted by a roll call vote of nine ayes. REGULAR, MEETING OCTOBER 22, 1979 REGULAR MEETING RECONVENED (CONTINUED RESOLUTION NO. 730 -79 AN INDUCEMENT RESOLUTION RELATING TO THE EXACTO, INC. OF SOUTH BEND PROJECT. WHEREAS, pursuant to I.C. 18- 6 -4 -5, the Common Council of the City of 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 of South Bend, Indiana; and in order to improve and promote job opportunities, commercial diversification and the general welfare of the area within the City of South Bend, Indiana, a financing agreement should be entered into with "EXACTO, INC. OF SOUTH BEND" or its assigns, relating to a project to be known as the EXACTO, INC. OF SOUTH BEND PROJECT ": WHEREAS, Exacto, Inc. of South Bend is an Indiana corporation organized in 1970 in South Bend, Indiana, and engaged in the business of manufacturing precision piece parts for turbo - chargers for high.speed diesel engines. It is the present intention of Exacto, Inc. of South Bend to purchase additional machinery and equipment which will be installed in its operation at 1119 S. Franklin Street, South Bend, Indiana, and used in conjunction with its present manufacturing operation, resulting in an expansion of its facility, which project is anticipated to create Twenty -five (25) new jobs; and WHEREAS, to induce Exacto, Inc. of South Bend, or its assigns, to become the principal user of such economic development properties, the Common Council of the City of South Bend desires to adopt this resolution; and WHEREAS, it is apparent that the development of the "EXACTO, INC. OF SOUTH BEND PROJECT" will increase job opportunities and commercial diversification in South Bend, Indiana, result- ing 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: 1. Section 1. That approval is hereby given to the application of Exacto, Inc. of South Bend, or its assigns, relating to the purchase of machinery and equipment and the installation thereof under an arrangement whereby the cost of such machinery and equipment, and installation, 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 Three Hundred Thousand Dollars ($300,000.00), 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. 2. Section 2. In order to encourage, induce and solicit such application by Exacto, Inc. of South Bend for such Industrial Revenue Bond issue relating to the purchase of machinery and equipment and the installation andevelopment of such economic development property, 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 purchase and installation of such economic Development property. 3. Section 3. Any costs or expenses incurred on connection with said "EXACTO, INC. OF SOUTH BEND PROJECT" shall be included in the project costs and reimbursed from the proceeds of the Industrial Revenue Bonds to be issued with respect thereto. 4. Section 4. This resolution shall be in full force and effect from and afters its passage by the Common Council of the City of South Bend and approved by the Mayor. /s /Roger 0. Parent 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 project is for the purchase of machinery and equipment in conjunction with the manufacturing operation for precision parts at 119 S. Franklin Street. He indicated that the bond issue would be for $300,000. He said that if the Economic Development Commission approves this funding, this will return to the Council in ordinance form. Council Member Kopdzynski 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. 731 -79 A RESOLUTION OF THE SOUTH BEND COMMON COUNCIL REASSERTING ITS INTENT TO ISSUE MORTGAGE- BACKED HOUSING REVENUE BONDS. WHEREAS, the City of South Bend, Indiana has previously and by resolution indicated its intent to issue Single Family Mortgage Revenue Bonds, it hereby affirms and reasserts.such inten WHEREAS, there is a shortage of moderately priced, safe, sanitary housing in the City of South Bend, Indiana; and, WHEREAS, the city of South Bend, Indiana desires to assist low and moderate income citizens in obtaining the goal of home ownership where they are currently precluded from that goal; and WHEREAS, Kirchner, Moore and Company and local underwriting firm(s) (the Underwriters) are experienced in structuring Single Family Mortgage Revenue Bond issues; and WHEREAS, it is deemed necessary and advisable to indicate the City's intent to pursue an issue of Single Family Mortgage Revenue Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF SOUTH BEND, INDIANA: REGULAR MEETING OCTOBER 22, 1979 REGULAR MEETING RECONVENED (CONTINUED SECTION I. 1980 (the Bonds) Underwriters sub between the City Underwriters and implement such a The City intends in an amount not ject to terms and and the Underwri appropriate CIty financing. to issue its Single Family Housing Revenue Bonds, Series to exceed $50 million and will.sell the Bonds to the conditions to be determined on a mutually agreeable basis ters of the Bonds. In this respect the City directs the officials to proceed with the preparation of documents to SECTION II. This resolution shall be in full force and effect from and afters its passage by the Common Council of the)City of South Bend and approval by the Mayor. /s /Roger 0. Parent Member of the Common Council A public hearing was held on the resolution at this time. Mr. Peter Mullen, City Controller, indicated that on the advice of Kirchner, Moore and Company, who felt it was necessary to reaffirm the Council's position in this matter and.set a limit or cap on the amount of the bonds the City would be willing to underwrite, this resolution was being submitted establish- ing a cap at $50 million. Councl Member Adams made a motion to adopt this resolution, seconded by Council Member Miller. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 732 -79 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ACKNOWLEDGING AND AUTHORIZING THE PARTICI- PATION OF CERTAIN CITY EMPLOYEES AND PUBLIC OFFICIALS IN COMMUNITY DEVELOPMENT BLOCK GRANT, URBAN HOMESTEADING, AND SECION 312 LOAN PROGRAM ACTIVITIES. WHEREAS;.•'.the Common Council of the City of South Bend, Indiana is the Chief .Governing Body of the City.; and, WHEREAS, the City is the recipient of federal domestic assistance from the United States Department of Housing and Urban Development (HUD) to conduct Community Development Block Grant, Urban Homesteading, and Section 312 Loan Activities. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana: SECTION I. That the Common Council of the City of South Bend, Indiana, hereby acknowledges and authorizes the participation of the below named city employee or public official in below noted HUD - funded activity(s): Employee /Public Official Fritz Odusch Activity Project Rebate SECTION II. That his Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. /s /Roger 0. Parent Member of the Common Council A public hearing was held on the resolution at this time. Mr. Carl Ellison, Director of Redevelopment, indicated this resolution was a new requirement issued by HUD. He said they require that waivers be granted on the condition that the Common Council publically recognize the participation of City employees or public officials in HUD - funded programs. Council Member Taylor made a motion to adopt this resolution, seconded by Council Member Adams. The resolution was adopted by a roll call vote of nine ayes. Council Member Dombrowski made a motion to set the next three Council meetings for November 15 at 4:00 p.m., December 3 at 7:00 p.m. and December 17 at 7:0.0 p.m., seconded by Council Member Kopczynski. The motion carried. BILLS, FIRST READING BILL NO. 135 -79 A BILL AMENDING CHAPTER 10 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS FOOD AND FOOD ESTABLISHMENTS BY THE ADDITION OF NEW ARTICLE 3, FOOD VENDING VEHICLES. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading November 15, seconded by Council Member Dombrowski. The motion carried. BILL NO. 136 -79 A BILL TRANSFERRING.$58,480.34 AMONG VARIOUS ACCOUNTS, ALL ACCOUNTS BEING WITHIN GENERAL PARK FUND. This bill had first reading. Council Member Miller made a motion to set this bill for public hearing and second reading November 15, seconded by Council Member Dombrowski. The motion carried. REGULAR MEETING OCTOBER 22, 1979 REGULAR MEETING RECONVENED (CONTINUED BILL NO. 137 -79 A BILL APPROPRIATING $60,000.00 FROM THE ZOO ENDOWMENT FUND, FOR THE CONSTRUCTION OF THE EDUCATIONAL SERVICES WILDLIFE BUILDING AT POTAWATOMI PARK ZOO TO BE ADMINISTERED BY THE DEPARTMENT OF PUBLIC PARKS. This bill had first reading. Council Member Miller made a motion to set this bill for public hearing and second reading November 15, seconded by Council Member Dombrowski. The motion carried. BILL NO. 138 -79 A BILL APPROPRIATING $22,000.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY KNOWN AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC SAFETY PROGRAMS TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE BUREAU OF POLICE. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading November 15, seconded by Council Member Dombrowski. The motion carried. BILL NO. 139 -79 A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF.THE BUREAU OF PARKING FACILITIES OF THE CITY "OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1980 AND ENDING DECEMBER 31, 1980, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This bill had first reading. Council Member Miller made a motion to set this bill for public hearing and second reading November 15, seconded by Council Member Dombrowski. The motion carried. BILL NO. 140 -79 A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE BUREAU OF SOLID WASTE OF THE CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1980 AND ENDING DECEMBER 31, 1980, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading November 15, 1979, seconded by Council Member Dombrowski. The motion carried. BILL NO. 141 -79 A BILL APPROPRIATING MONIES FOR THE THE EXPENSES OF THE BUREAU OF WASTE SOUTH BEND, INDIANA, FOR THE FISCAL 1980, AND ENDING DECEMBER 31, 1980, STANDING CLAIMS AND OBLIGATIONS AND THE SAME SHALL TAKE EFFECT. PURPOSE OF DEFRAYING WATER OF THE CITY OF YEAR BEGINNING JANUARY 1, INCLUDING ALL OUT FIXING A TIME WHEN This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading November 15, 1979, seconded by Council Member Dombrowski. The motion carried. BILL NO. 142 -79 A BILL APPROPRIATING MONIES FOR THE THE EXPENSES OF THE BUREAU OF WASTE SOUTH BEND, INDIANA, FOR THE FISCAL 1980, AND ENDING DECEMBER 31, 1980, CLAIMS AND OBLIGATIONS AND FIXING A TAKE EFFECT, PURPOSE OF DEFRAYING WATER OF THE CITY OF YEAR BEGINNING JANUARY 1, INCLUDING ALL OUTSTANDING TIME WHEN THE SAME SHALL This bill had first reading. Council Member Miller made a motion to set this bill for public hearing and second reading November 15, 1979, seconded by Council Member Taylor. The motion carried. BILL NO. 143 -79 A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE BUREAU OF SEWERS, OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1980, AND ENDING DECEMBER 31, 1980, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This bill had first reading. Council Member Miller made a motion to set this bill for public hearing and second reading November 15, 1979, seconded by Council Member Taylor. The motion carried. BILL NO. 144 -79 A BILL ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND. This bill had first reading. Council Member Miller made a motion to refer this bill to the City Engineer and that he should consider the entire triangle, and set it for public hearing and second reading November 15, 1979, seconded by Council Member Dombrowski. The motion car- ried. REGULAR MEETING OCTOBER 22, 1979 REGULAR MEETING RECONVENED (CONTINUED ORDINANCE NO. 6665 -79 AN ORDINANCE APPROVING THE FORM AND TERMS OF TRUST INDENTURE AND USER AGREEMENT, REAL ESTATE MORTGAGE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF, AND APPROVING RESOLUTION NO. 32 -79 OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION RELATING TO THE SMITH WHITE CO. PROJECT. This bill had first reading. Council Member Miller made a motion to suspend the rules and have public hearing and second reading, seconded by Council Member Taylor. 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 Smith White Co., made the presentation for the bill. He said this $3,000,000 bond issue was for the acquisition, improvement and remodeling of a commercial building on real estate located at 506 W. South Streeet. He said it was anticipated that six new jobs will be created. 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. BILL NO. 146 -79 A BILL APPROVING THE FORM AND TERMS OF THE LOAN AGREEMENT, INDENTURE-OF TRUST, AND INDUSTRIAL DEVEOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF, AND APPROVING RESOLUTION NO. 29 -79 OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION RELATING TO THE DIVERSIFIED GROUP PROJECT. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading November 15, 1979, seconded by Council Member Dombrowski. The motion carried. PRIVILEGE OF THE FLOOR Carl Yoder, 1822 Sherman Ave., in response to comments made earlier in the meeting, indicated that he was aware the City has nothing to do with school property, however, Keller Park does not have a basketball hoop. UNFINISHED BUSINESS Reports from Area Plan: 301 E. Ireland South Bend Medical Foundation "Upon a motion by Joseph Serge, seconded by John DeLee, and carried, with June Stratton voting "Nay ", the pro- posed ordinance and sit `development plan of Elmer Graber is sent to the Common Councilwith a favorable recommenda- tion subject to the approval by the Commission's attorney of.the legal instruments required to provide for the cross - easement along the north.line of the subject property and paving of that cross- easement." "Upon a motion by Rene. Vandewalle, seconded by Earl Kime, and carried, with June Stratton voting "Nay ", the pro- posed ordinance and site development plan of the South Bend Medical Foundation is sent to the Common Council with a favorable recommendation subject to the comments submitted by the City Engineer. Council Member Adams made a motion to set the appropriate bills for public hearing and second reading November 15, 1979, seconded by Council Member Dombrowski. The motion carried. 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 Dombrowski. The motion carried and the meeting was adjourned at 9:00 p.m. ATTEST: CITY CLERK APPROVED: fP4 �1' PRE 147 T