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HomeMy WebLinkAbout11-15-79 Council Meeting MinutesREGULAR MEETING - NOVEMBER 15, 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 Thursday, November 15, 1979, at 4:00 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL PRESENT: Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent ABSENT: None REPORT FROM THE SUB - COMMITTEE ON MINUTES To the Common Council of the City of South Bend: Your sub - committee on the inspection and supervision of the minutes would respectfully report that it has inspected the minutes of the November 15, 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 October 22, 1979 meeting of the Council be accepted and placed on file, seconded by Council Member Dombrowski. 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 Whole on Monday, presiding. BILL NO. 146 -79 that the Common Council of the City of South Bend met in the Committee of the November 15, 1979, at 4:01 p.m., with nine members present. Chairman Horvath A BILL APPROVING THE FORM AND TERMS OF THE LOAN AGREEMENT, INDENTURE OF TRUST, AND INDUSTRIAL DEVELOPMENT 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 being the time heretofore set for public hearing on the above bill, proponents and opponent, were given an opportunity to be heard. Mr. Kenneth Fedder, attorney for the Economic Developmen Commission, made the presentation for the bill. He said this $350,000 bond issue would be used for the construction of a facility to be located in Phase IV of the Industrial Park. He said it was anticipated that approximately five new jobs will be created. Council Member Kopczyski made a motion to recommend this bill to the Council favorable, seconded by Council Member Adams. The motion carried. BILL NO. 97 -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) (107 S. GREENLAWN.) This being the time heretofore set for public hearing on the above bill, proponents and opponent, were given an opportunity to be heard. Mr. John Phair, 1612 E. Washington, a presentative of the Holladay Corporation, made the presentation for the bill. He indicated that this rezoning was only a change in the site plan. He said there were no significant changes or additions to the present building being proposed. He said they planned to renovate the present structure into eighty quality apartments. He said the services would include meals, linens, housekeeping and maid service, nursing, as well as limousine service. He said the cost to purchase this property and renovate it will exceed $3,000,000. Council President Parent indicated that he had received a request for this public hearing to be continued. He made a motion to continue the public hearing on this bill until the next Council meeting, seconded by Council Member Kopczynski. Mr. Charles Sweeney, a local attorney representing the Bendix Estate Neighbors, indicated that they had changed their mind and did not want a continuance of this bill. Council President Parent withdrew his motion. Mr. Sweeney, indicated that this rezoning was entirely different than the last one, since that was for condominiums and this is for a retirement home. He said this was a low density neighborhood with a light traffic flow. He said with this rezoning traffic will increase, as well as parking problems. He said the site development plan was incomplete. He said they had asked for information as to what Holladay Corporation was going to do with the property immediately south of the existing structure, and had not received a satisfactory answer. He said the petitioners were asking the Area Board of Zoning Appeals to reduce the parking spaces from eighty to twenty -five, which was insufficient. Mr. Charles Hayes, 1634 E. Jefferson, spoke on the quality of the neighborhood. He said that Historic Preservation gave a rating of twelve out of thirteen points to the building. He said East Jefferson should be preserved. Mr. Sweeney indicated that if this hearing had been held at 7:00 p.m., there would be more remonstrators in the Chambers. Council Member Szymkowiak asked why they wanted to reduce the number of parking spaces. Mr. Gaylen Allsop, attorney for the petitioners, indicated they felt it was not necessary to have eighty spaces since this was a retirement, home with limousine service. He indicated that the Area Board of Zoning Appeals had tabled this matter, since they felt that twenty -five spaces was not sufficient. Mr. John Phair indicated that this site plan does show forty -nine parking spaces. He said they had asked if they could place a bond with the City, that they would add parking spaces as required. Council Member Adams made a motion to recommend this bill to the Council unfavorable, seconded by Council Member Kopczynski. Council President Parent indicated that this proposal was more in line with the first zoning. He urged the Council to vote against the motion. He indicated that the Council felt there should be at least seventy parking spaces in this project. Council Member Dombrowski spoke in favor of Council Member Adams' motion. The motion failed on a vote of four ayes and five nays (Council Members Serge, Szymkowiak, Miller, Horvath and Parent.) REGULAR MEETING NOVEMBER 15, 1979 COMMITTEE OF THE WHOLE MEETING (CONTINUED BILL NO. 108 -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) (SOUTH BEND MEDICAL FOUNDATION.) This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Ed Kalamaros, attorney for the petitioner, introduced Mr. Joe Mathews, an architect at 218 S. Francis, who made the presentation for the bill. He presented a drawing of the plans to the Council. He said they were proposing a five story building with a basement, however, they planned to build three stories with a basement. He said they would have 126 parking spaces and only eighty would be required. Council Member Adams made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. BILL NO. 113 -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) (301 E. IRELAND ROAD.) This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Rick Morgan, attorney for the petitioner, made the presentation for the bill. He said that this property was being rezoned in order for a Taco Bell to be built on the property. He described the surrounding property, which is presently commercial. He said this property had been rezoned for a restaurant, however, the zoning had reverted. Council Member Miller made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. City Clerk, Irene Gammon, questioned the correct address for this property. Mr. Morgan indicated that they had been notified by the City Engineer's offic that the correct address was 231 E. Ireland Road. Council President Parent made a motion to amen the bill to show the address as 231 E. Ireland Road, seconded by Council Member Serge. The motio carried. BILL NO. 144 -79 A BILL ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Charles Sweeney, attorney for the petitioners, asked that this bill be continued until after the hearing on the rezoning petition in Area Plan. He said the reason for the petition to annex was to pave the way for a petition to rezone in order to build a new hotel. Council Member Miller made a motion to table this bill, seconded by Council Member Dombrowski. The motion carried. BILL NO. 135 -79 A BILL AMENDING CHAPTER 10 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INNIANA, COMMONLY KNOWN AS FOOD AND FOOD ESTABLISH- MENTS BY THE ADDITION OF A NEW ARTICLE 3, FOOD VENDING VEHICLES. 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 Dombrowski, Councilman -at- Large, made the presentation for the bill. He indicated he had introduced this bill for four basic purposes: (1) It would require annual inspections by the Health Department of all vehicles prior to a peddler's license being issued; (2) it would require annual inspections by the Police Department of all vehicles to see that the safety devices are on each vehicle; (3) it would limit the sale of such items around grade schools, junior high, and middle schools until after 3:00 p.m., on school days; (4) it would provide for suspension or revocation of a peddler's license, and a fine of up to $100 for violations.- Mr. Robert Million, 4747 W. Washington, principal of Wash- ington High School, asked that the Council support this bill. Ms. Carol Francis, spoke in favor of this bill. Rev. Rybicki, Associate Pastor, Cathedral of St. Matthews, spoke in favor of this bill. Glenda Rae Hernandez, 702 E. South Street, indicated that the time should be changed from 3:00 p.m. to 3:30 p.m., in Section 10 -48. Mr. Miles Hoffman, 712 Forrest Ave., indicated that he thought the time should be changed to 3:30, as there was too much contention around the schools at 3:00 p.m. Council Member Dombrowski made a motion to amend this bill in Section 10 -48 (2) and (b) after middle school, by adding or high school, seconded by Council Member Taylor. AFter a discussion regarding the time change, Council Member Dombrowski amended this amendment to include a time change from 3:00 p.m., to 3:30 p.m., seconded by Council Member Taylor.. The motion carried. Council Member Adams made a motion to recommend this bill to the Council favorable, as amended, seconded by Council President Parent. The motion carried. BILL NO. 136 -79 A BILL TRANSFERRING $58,480.34 AMONG VARIOUS ACCOUNTS, ALL ACCOUNTS BEING WITHIN GENERAL PARK 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. Robert Niezgodski, Fiscal Officer, made the presenta- tion for the bill. He asked ':that the bill be amended by reducing account 440, Other Materials, by $205. Council Member Kopczynski made a motion to amend this bill, seconded by Council Member Dombrowski. The motion carried. Mr. Niezgodski indicated that a shortgage occurred in the Park Department budget due to the transfer of CETA employees to their payroll. Council Member Kopczynski made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Adams. The motion carried. 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 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 Parks,.made the pre- sentation for the bill. He indicated this was the first payment from the Mussell - Ellison and Stanley and Flora Clerk Trust Funds for the construction of this building. He said the trust fund had committed $380,000 for the zoo project, with payments being made on a quarterly basis over the next three years. Council Member Szymkowiak made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. REGULAR MEETING NOVEMBER 15 1979 COMMITTEE OF THE WHOLE MEETING (CONTINUED BILL NO. 138 -79 A BILL APPROPRIATING $22,000.00 FROM THE FEDERAL ASSISTANCE GRANT 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 being the time heretofore set for public hearing on the above bill, proponents and opponen were given an opportunity to be heard. Mr. Michael Vance, Deputy Controller, made the presenta- tion for the bill. He indicated this appropriation was to pay medical expenses related to police officers. Council Member Adams made a motion to recommend this bill to the Council` favorable, 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 being the time heretofore set for public hearing on the above bill, proponents and opponen were given an opportunity to be heard. Mr. Peter Mullen, City Controller, made the presentatio for the bill. He said this budget was less than a ten percent increase. Council Member Adams asked the anticipated revenue. Mr. Mullen indicated it would be approximately $200 above 1978. He said the revenue for 1980 is difficult to project. Council Member Adams made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motio 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 being the time heretofore set for public hearing on the above bill, proponents and opponen' were given an opportunity to be heard. Mr. John Stancati, Director of Utilities, made the presentation for the bill. He said the overall budget increase is twenty -four percent due to extra and overtime wages, as well as landfill costs which have increased. Council Member Kopcyznski made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 141 -79 A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE BUREAU OF WATER 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 being the time heretofore set for public hearing on the above bill, proponents and opponen' were given an opportunity to be heard. Mr. John Stancati, Director of Utilities, made the pre- sentation for the bill. He indicated this budget increase was six percent. Council Member Dombrowski made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. Council Member Miller indicated he wanted to abstain from voting on this bill. Council President Parent asked if there was going to be an increase in water rates. Mr. Stancati indicated there would be an increase. The motion carried. BILL NO. 142 -79 A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE BUREAU OF WASTE WATER OF THE CITY OF SOUTH BEND, INDIANA, FOR 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 being the time heretofore _set for public hearing on the above bill, proponents and opponen' were given an opportunity to be heard. Mr. John Stancati, Director of Utilities, made the pre- sentation for the bill. He indicated this bill reflected a six percent increase. Council Member Parent made a motion to recommend this bill to the Council favorable, seconded by Council Member .Dombrowski. The motion carried. BILL NO. 143 -79 A BILL APPROPRIATING MONIES FOR THEN- 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 being the time heretofore set for public hearing on the above bill,.proponents and opponen were given an opportunity to be heard. Mr. John Stancati, Director of Utilities, made the pre- sentation for the bill. Comments and questions were heard and answered. Council Member Adams made a motion to pass this bill, seconded by Council Member Dombrowski. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Dombrowski made a motion to rise and report to the Council and recess, seconded by Council Member Adams. The motion carried. ATTEST: 40,� 41,11�� CITY CLERK ATTEST: CHAIRMAN ;s ;s ;s ;s .s ;s REGULAR MEETING NOVEMBER I 1979 REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South B end reconvened in the Council Chambers on the fourth floor of the County -City Building at 6:30 p.m. Council President Parent presiding and nine members present. BILLS, SECOND READING ORDINANCE NO. 6666 -79 AN ORDINANCE APPROVING THE FORM AND TERMS OF THE LOAN AGREEMENT, INDENTURE OF TRUST, AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF, AND APPROVING RESOLUTION NO. .29 -79 OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION RELATING TO-DIVERSIFIED GROUP PROJECT. This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6667 -79 AN ORDINANCE AMENDING ORDINANCE NO. 499 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (107 S. GREENLAWN.) This bill had second reading. Council Member Adams made a motion to defeat this bill, seconded by Council Member Kopczynski. The motion failed on a roll call vote of four ayes and five nays (Council Members Serge, Szymkowiak, Miller, Horvath and Parent.) Council Member Taylor made a motion to pass this bill, seconded by Council Member Szymkowiak. The bill passed by a roll call vote of five ayes and four nays (Council Members Taylor, Kopczynski, Adams and Dombrowski.) ORDINANCE NO. 6668 -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 BEND MEDICAL FOUNDATION.) This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Adams. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6669 -79 AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THECITY OF SOUTH BEND, INDIANA, (CHAPTER 21, MUNICIPAL CODE) (231 E. IRELAND ROAD.) 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 Dombrowski. The motion carried. Council Member Serge 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. 144 -79 AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF OF SOUTH BEND, INDIANA, CERTAIN LAND. This bill had second reading. Council Member Taylor made a motion to table this bill, seconded by Council Member Dombrowski. The motion carried. ORDINANCE NO. 6670 -79 AN ORDINANCE 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 ARITCLE 3, FOOD VENDING VEHICLES. 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 Dombrowski. 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. ORDINANCE NO. 6671 -79 AN ORDINANCE TRANSFERRING $58,480.34 AMONG VARIOUS ACCOUNTS, ALL ACCOUNTS BEING WITHIN GENERAL PARK FUND. 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 Dombrowski. Themotion 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. ORDINANCE NO. 6672 -79 AN ORDINANCE APPROPRIATING $60,000.00 FROM THE ZOO ENDOWMENT FUND, FOR THE CONSTRUCTION OF THE EDUCATIONAL SERVICES WILD- LIFE BUILDING AT POTAWATOMI PARK ZOO TO BE ADMINISTERED BY THE DEPARTMENT OF PUBLIC PARKS. 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 and one nay (Council Member Adams.) ORDINANCE NO. 6673 -79 AN ORDINANCE 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 second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Serge. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6674 -79 AN ORDINANCE 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 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. REGULAR 1 1• 11 ' ��y� i REGULAR MEETING RECONVENED (CONTINUED ORDINANCE NO. 6675 -79 AN ORDINANCE 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 second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6676 -79 AN ORDINANCE APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE BUREAU OF WATER 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 second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Dombrowski. Council Member Miller made a request to abstain. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 6677 -79 AN ORDINANCE APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE BUREAU OF -WASTE WATER OF THE CITY OF SOUTH BEND, INDIANA, FOR 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 second reading. Council Member Taylor made a motion to pass this bill, seconded b Council Member Dombrowski. Council Member Miller made a request to abstain. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 6678 -79 AN ORDINANCE 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 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. RESOLUTIONS RESOLUTION NO. 733 -79 A RESOLUTION OF THE SOUTH BEND COMMON COUNCIL DECLARING CERTAIN PORTIONS OF SOUTH BEND, INDIANA, LOCATED SOUTHEAST OF THE CORNER OF SAMPLE STREET AND HIGH STREET, TO BE URBAN DEVELOPMENT AREAS FOR THE PURPOSE OF I.C. § 6 -1.1- 12.1 -1 THROUGH L.C. §6 -1.1- 12.1 -6, INCLUSIVE. WHEREAS, upon investigation of the condition of certain portions of South Bend, Indiana, southeast of the corner of Sample Street and High Street, the Common Council of South Bend, Indiana has found: 1. That certain portions of South Bend, Indiana, southeast of the corner of Sample Street and High Street, 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, 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 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, southeast of the corner of Sample Street and High Street, with respect to which these findings are made are the areas bounded as follows: (A) A part of the Northeast Quarter of Section 13, Township 37 North, Range 2 East in the City of South Bend, Indiana, more particularly described as follows: Commencing at the intersection of the centerline of High Street and the North line of Section 13, Township 37 North, Range 2 East, thence South 00 00'00" East 40.00 feet; thence North 900 00' 00 "East 25.00 feet -to -the Intersection of the East line of High Street and the POINT OF BEGINNING of this Parcel; thence South 850 00144" East along the South.-line of Sample Street230.04 feet;thence south 00 East 106.00 feet to the south line of a public alley; thence North 90000100" East along the South line of said alley 235.83 feet; thence South 250 52' 49" East 112,26 feet; thence South 00 00' 00" East 341.08 feet to the Northerly property line of the Conrail Railroad; thence South 780 59' West on said Railroad property line 283.10 feet; thence continuing on said Railroad property line N (rtb. 840 56' 12" West 77.18 feet; thence continuing on said Railroad property line North 650 35' 30" West 174.86 feet to.the east line of High Street; thence North 00 00' 00" East on said East line of High Street 543.11 feet to the Point of Beginning. (b) A part of the Northeast Quarter of Section 13, Township 37 North, Range 2 East, in the City of South Bend, Indiana, more particularly described as follows: Commencing at the intersection of the centerline of High Street and the North line of Section 13, Township 37 North, Range 2 East, thence South 00 00'.,00" East along the centerline of High Street 298.25 feet; thence North 900 00' East 25.00 feet;to the east line of High Street and the POINT OF BEGINNING of this parcel; thence North 900 East 87.59 feet; thence 87.27 feet along a curve to the right having a radius of 125.00 feet and subtended by a long chord 85.51 feet in length and having a bearing of South 700 East; thence South 500 East 46.22 feet to a point on a curve whose radius is 60.00 feet; from this point the center of said curve is South 250 22' 32.5" East 60.00 feet, thence from said point on curve along said curve 325.42 feet to a point, said point is North 740 37' 27.5" West 60.00 feet from the center of said curve; thence North 500 West 46.22 feet; thence 52.36 feet along a curve to the left having a radius REGULAR MEETING NOVEMBER 15 1979 REGULAR MEETING RECONVENED (CONTINUED) of 75.00 feet and subtended by a long chord 51.30 feet in length and having a bearing of North 700 West; thence North 900 West 87.59 feet to the East line of High Street; thence North 00 00' East along said East line of High Street 50.00 feet to the Point of Beginning Containing 19,934 square feet. 4. That the designation of such portions of South Bend, Indiana, as urban development areas for purposes of i.c. 96 -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 significantly encouraging the construction, reconstruction, 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 portions of South Bend, Indiana, southeast of the corner of Sample Street and High Street, are declared blighted areas constituting a menance 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 areas 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 areas so described are hereby declared and found 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, which areas in South Bend, Indiana, are located within the following boundaries: (a) A part of the Northeast Quarter of Section 13, Township 37 North, Range 2 East in the City of South Bend, Indiana, more particularly described as follows: Commencing at the intersection of the centerline of High Street and the North line of Section 13; Township 37 North, Range 2 East, thence South 00 00'00" East 40.00 feet; thence North 900 00' 00" East 25.00 feet to the Intersection of the East line of High Street and the POINT OF BEGINNING of this Parcel; thence South 850 00' 44: east along the South line of Sample Street 230.04 feet; thence South 00 0' 0" East 106.00 feet to the south line of a public alley; thence North 900 00' 00" East along the South line of said alley 235.83 feet; thence South 250 52' 49: East 122.25 feet; thenceSouth 00 00' 00" East 341.08 feet to the Northerly property line of the Conrail Railroad; thence South 780 59' West on said Railroad property line 283.10 feet; thence continuing on said Railroad property line North 840 56' 12" West 77.18 feet; thence continuing on said Railroad property line North 650 35' 30" West 174.86 feet to the east line of High Street; thence North 00 00' 00" East on said East line of High Street 543.11 feet to the Point of Beginning. (b) A part of the Northeast Quarter of Section 13, Township 37 North, Range 2 East, 'in the City of South Bend, Indiana, more particularly described as follows: Commencing at the intersection of the centerline of High Street and the North line of Section 13, Township 37 North, Range 2 East, thence South 00 00' 00" East along the centerline of High Street 298.25 feet; thence North 900 00' East 25.00 feet to the east line of High Street and the POINT OF BEGINNING of .this parcel; thence North 900 East 87.59 feet; thence 87.27 feet along a curve to the right having a radius of 125.00 feet and sutended by a long chord 85.51 feet in length and having a bearing of South 700 East; thence South 500 East 46.22 feet to a point on a curve whose radius is 60.00 feet; from this point the center of said curve is South 250 22' 32.5" East 50.00 feet, thence from said point on curve along said curve 325.42 feet to a point, said point is North 740 37' 27.5" West 60.00 feet from the center of said curve; thence North 500 West 46.22 feet; thence 52.36 feet along a curve to the left having a radius of 75.00 feet and subtended by a long chord 51.30 feet in length and having a bearing of North 700 West; thence North 90° W Nst 87.59 feet to the East line of High Street; thence North 00 00' 00" East along said East line of High Street 50.00 feet to the Point of beginning. Containing 19,934 square feet. 5. 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 /Roger 0. Parent Member of the Common Council A public hearing was held on the resolution at this time. Mr. Ernest Szarwark, attorney for South Bend Fabricating, indicated they were seeking tax abatement in order to build a facility to be located in the area of the old South Bend Toy. He indicated this area was b- lighted. He indicated that he had a memo from Redevelopment which indicated that the Commission supported the urban development area designation for this location. Glenda Rae Hernandez, 702 S. Scott, indicated that the SE PAC resented the fact that they were not consulted about declaring this area an urban development site. She indicated they also resented the fact that they were being called a tough neighborhood. Mr. Dave Wells, 5428 Bloomfield, asked what this tax abatement is worth per year. Mr. Szarwark indicated it would depend on the value of the buildings and the tax rate. Council Member Serge made a motion to adopt this resolution, seconded by Council Member Miller. Council Member Taylor made a motion to amend this resolution by adding "This resolution shall be in full forceand effect from and after its passage by the Common Council and approval by the Mayor. "; seconded by Council Member Dombrowski. Themotion carried. The resolution was adopted by a roll call vote of nine ayes. REGULAR MEETING RECONVENED (Continued RESOLUTION NO. 734 -79 A RESOLUTION OF THESOUTH BEND COMMON COUNCIL AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH STEEL WAREHOUSE OF INDIANA, INC., RELATING TO THE CONSTRUCTION AND INSTALLATION OF ECONOMIC DEVELOPMENT FACILITIES TO BE USED IN THE BUSINESS OF PROCESSING STEEL, WITHIN THE BOUNDARIES OF THE CITY.OF SOUTH BEND, INDIANA. WHEREAS, theCity of South Bend, Indiana (the "Issuer ", by virtue of the laws of the State of Indiana, including the Municipal Economic Development Act of 1965, as amended, Indiana Code of 1971, Title 18, Article 6, Chapter 4.5 (the "Act "), is authorized and empowered, among other things, (a) to provide funds to pay costs of economic development facilities within the boundaries of the Issuer, to be owned and used by Steel Warehouse of Indiana, Inc., or any subsidiary thereof (the "Company "), (b) to issue economic development revenue bonds for the purpose of paying for the costs of such construction and financing costs, (c) to secure such economic development revenue bonds by an indenture, including thepledge and assignment of title to the real estate, application of revenues derived from such economic development facilities to the payment of said revenue bonds and the granting of a mortgage on such facilities for the benefit of the bondholders; and WHEREAS, the Company is a corporation duly organized under the laws of the State of Indiana and desires to construct economic development facilities within the Issuer to be used in the business of processing steel (the "Facility "); and WHEREAS, it is the desire of the members of the Common Council of the Issuer that the additional jobs and employment opportunities resulting from the Facility be provided at the earliest possible moment and that the economic improvement produced by the operation of the Facility within the Issue occur at the earliest possible time; and WHEREAS, under the provisions of the Act it will be necessary for the.South Bend Economic Development Commission (the "Commission ") and the Common Council of the Issuer to undertake certain proceedings and adopt certain legislation prior to the issuance of any economic development revenue bonds to provide funds for theconstruction and installation of such Facility and prior to the execution of any Lease and Trust Indenture therefor; and WHEREAS, this Common Council desires to initiate certain formal steps necessary to secure the commitment of the Company to construct and use the Facility and to provide for other matters incidental thereto;. that: NOW; THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, SECTIONI. It does hereby approve a finding and determination by the Commission that: a. The real andpersonal property to be included in the Facility will be an "economic development facility" within the meaning of those term in the Act. b. That the utilization of such real and personal property in the creation and location of the Facility would be economically sound and will benefit the health, prosperity, economic stability and general welfare of the Issuer and that because of existing insufficient employment opportunities and insufficient diversification of industry within the Issuer, the economic welfare of the Issuer would be benefited by the construction and use of theFacility by the Company. SECTION 2. In order to overcome insufficient employment opportunities and insufficient diversification of industry which the Common Council of the Issuer has heretofore found to exist in the Issuer, this Common Council determines to commence negotiations with the Company concerning the terms of a bond issue and desires to initiate certain formal steps to secure the commitment of the Company to construct and use the Facility and to provide for other matters incidental thereto. Section 3. Upon the approval and execution by the Commission of an agreement containing substantially the same terms and conditions as Exhibit A attached hereto, the Mayor is authorized and directed to execute the Agreement in the form attached hereto as Exhibit A, and such Agreement is attached hereto is hereby in all respects approved. SECTION 4. This resolution shall be in full force and effect from and after its passage by the Common Council, signed by the President of the Common Council and approved by the Mayor /s /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, indicated that the Commission has accepted an application from Steel Warehouse for an Industrial Develpment Revenue Bond in the amount of $648,000.00. Council Member Alams made a motion to adopt this resolution, seconded by Council Member Dombrowski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AUTHORIZING THE BOARD OF PUBLIC WORKS TO NEGOTIATE THE SALE OF A PARCEL OF LAND KNOWN AS PARCEL "B ", A RESIDUAL PORTION OF PROPERTY ACQUIRED FOR THE MICHIGAN /MAIN CONNECTOR. A public hearing was held on the resolution at this time. Mr. Peter Mullen, City Controller, indicated this piece of land owas offered for sale at a price of $42,834.00, howL-ver, they have received an offer of $12,850. Council Member Kopczynski indicated there were problems with this intersection and the City might need this land to correct this problem. He made a motion to refer this to the Public Works Committee, seconded by Council Member Adams. Council Member Adams indicated there should be no problem with a two week delay. Mr. Mullen indicated there was a problem, since Mr. Conboy wanted to pave this property for parking spaces, and the weather would be too cold to pave. Council Member Adams indicated that we should not sell this property for $12,850 and have to buy it back for a higher price if it is needed to correct the Michigan /Main Connector. The motion carried on a roll call vote of six ayes and three nays (Council Members Serge, Szymkowiak, and Miller.) BILLS. FIRST READING BILL NO. 147 -79 A BILL DESIGNATING AND ESTABLISHING AN HISTORIC LANDMARK UNDER ORDINANCE NO. 5565 -73, AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THECITY OF SOUTH BEND, (ODD FELLOWS BLDG.) This bill had first reading. Council Member Taylor made a motion to table this bill, seconded by Council Member Szymkowiak. The motion carried. BILL NO. 148 -79 A BILL DESIGNATING AND ESTABLISHING AN HISTORIC LANDMARK UNDER ORDINANCE NO. 5565 -73, AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, (NORTH PUMPING STATION.) This bill had first reading. Council Member Serge made a motion to refer this bill to Area Plan, seconded by Council Member Dombrowski. The motion carried. BILL NO. 149 -79 A BILL DESIGNATING AND ESTABLISHING AN HISTORIC LANDMARK UNDER ORDINANCE NO. 5565 -73, AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THECITY OF SOUTH BEND (MORRIS CIVIC AUDITORIUM.) This bill had first reading. Council Member Adms made a motion to refer this bill to Area Plan, seconded by Council Member Dombrowski. The motion carried. BILL NO. 150 -79 A BILL AMENDING CHAPTER 2 OF THE MUNICIPAL CODE OF THE'CITY OF SOUTH BEND, INDIANA, PERTAINING TO ANNUAL VACATIONS FOR CITY PERSONNEL. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading December 3, 1979, seconded by Council Member Dombrowski. The motion carried. BILL NO. 151 -79 A BILL APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECU- TION THEREOF, AND APPROVING RESOLUTION NO. 37 -79 OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION RELATING TO THE STEEL WAREHOUSE OF INDIANA, INC. PROJECT. This bill had first reading. Council Member Taylor made a motion to set this bill for.public hearing and second reading December 3, 1979, seconded by Council Member Dombrowski. The motion carried. BILL NO. 152 -79 A BILL 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. 28 -79 OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION RELATING TO THE NILES AVENUE PARTNERSHIP PROJECT. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading December 3, 1979, seconded by Council Member Dombrowski. The motion carried. BILL NO. 153 -79 A BILL APPROVING THE FORM AND TERMS OF LOAN AGREEMENT AND TRUST INDENTURE AND INDUSTRIAL REVENUE BONDS AND AUTHORIZING THE EXECUTION THEREOF AND APPROVING RESOLUTION NO. 8 -79 OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION RELATING.TO THE HABLIN COMPANY, INC. PROJECT. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading December 3, 1979, seconded by Council Member Dombrowski. The motion carried. BILL NO. 154 -79 A BILL APPROVING THE FORM AND TERMS OF LOAN AGREEMENT, TRUST INDENTURE AND SECURITY AGREEMENT AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF AND APPROVING RESOLUTION NO. 33 -79 OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION RELATING TO THE EXACTO, INC., OF SOUTH BEND PROJECT. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading December 3, 1979, seconded by Council Member Dombrowski. The motion carried. REGULAR MEETING RECONVENED (CONTINUED ORDINANCE NO. 6679 -79 AN ORDINANCE AUTHORIZING THE PROVIDING FOR THE FINANCING AND EQUIPPING OF AN "ECONOMIC DEVELOPMENT FACILITY" AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $5,000.00 ECONOMIC DEVELOPMENT REVENUE BONDS, 1979 SERIES B (BRETHREN CARE OF SOUTH BEND, INC., PROJECT) TO FINANCE THE BALANCE OF THE COSTS OF THE ECONOMIC DEVELOPMENT FACILITY "; APPROVING OF AND AUTHORIZING THE TERMS OF SAID BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF A SECURITY AGREEMENT AND A TRUST INDENTURE SECURING SAID BONDS; AUTHORIZING THE ASSIGNMENT OF A PROMIS- SORY NOTE, 1979 SERIES B APPROVING THE EXECUTION AND DIS- TRIBUTION OF PRELIMINARY AND FINAL OFFICIAL STATEMENTS DESCRIBING SAID BONDS; APPROVING THE EXECUTION OF A BOND PURCHASE AGREEMENT AND CONFIRMING THE SALE OF SAID BONDS PURSUANT TO THE TERMS THEREOF; AND APPROVING OTHER MATTERS PERTAINING THERETO. 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. Mr. Richard Mintz, attorney representing Brethren Care, made the presentation for the bill. He indicated this bill authorized the issuance of up to $5 million of economic development bonds. He indicated that only $8,000,000 of the total project costs were financed initially, due to market conditions existing at that time. He said this $5,000,000 bond issue will complete construction of the project. Council Member Dombrowski made a motion to pass this bill, seconded by Council Member Adams. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6680 -79 AN ORDINANCE APPROVING THE FORM AND TERMS OF LOAN AGREEMENT, TRUST INDENTURE, REAL ESTATE MORTAGE AND INDUSTRIAL DEVELOP - MENT REVENUE BONDS, AND AUTHORIZING,THE EXECUTION THEREOF, AND APPROVING RESOLUTION NO. 34 -79 OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION RELATING TO SOUTH BEND TOOL AND DIE, INC., AN INDIANA CORPORATION PROJECT. 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 Adams. 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. Kenneth Fedder, attorney for the Economic Development Commission, made the presentation for the bill. He indicated this $600,000 issue was to acquire real estate and construct a building at Sample and High streets, which will be leased to South Bend Fabricating, a wholly owned subsidiary. He indicated it was estimated that five new jobs will be created. Council Member Kopczynski made a motion to pass this ordinance, seconded by Council Member Taylor. The ordinance was passed by a roll call vote of nine ayes. BILL NO. 157 -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) (EDISON ROAD AND STATE ROAD 23.) This bill had first reading. Council Member Adams made a motion to refer this bill to Area Plan, seconded by Council Member Dombrowski. The motion carried. BILL NO. 158 -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) (NORTHEAST CORNER OF PLEASANT AND IRONWOOD.) This bill had first reading. Council Member Adams made a motion to refer this bill to Area Plan, seconded by Council Member Dombrowski. The motion carried. BILL NO. 159 -79 A BILL AMENDING ORDINANCE NO. 6615 -79, COMMONLY KNOWN AS THE CITY OF SOUTH BEND'S SALARY ORDINANCE, WHICH FIXED MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 1980. This bill had first reading. Council Member Kopczynski made a motion to set this bill for public hearing and second reading December 3, 1979, seconded by Council Member Dombrowski. The motion carried. BILL NO. 160 -79 A BILL APPROPRIATING $25,000.00 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND FOR THE ACQUISITION OF CERTAIN REAL ESTATE TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DIVISION OF COMMUNITY DEVELOPMENT AND THE YOUNG WOMEN'S CHRISTIAN ASSOCIATION OF ST. JOSEPH COUNTY. This bill had first hearing and second carried. BILL NO. 161 -79 reading. Council Member Serge made a motion to set this bill for public reading December 3, 1979, seconded by Council Member Dombrowski. The motion A BILL TRANSFERRING $100.00 AMONG VARIOUS ACCOUNTS, ALL ACCOUNTS BEING WITHIN THE CITY CLERK'S BUDGET OF THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. City Clerk, Irene Gammon, indicated there had been a problem her travel budget, but this has been cleared up and this transfer was no longer necessary. Council Member Taylor made a motion to strike this bill, seconded by Council Member Miller. motion carried. with The REGULAR MEETING NOVEMBER 15, 1979 REGULAR MEETING RECONVENED (CONTINUED) Mr. Peter Mullen, City Controller, asked that suspension of rules be given on items P through AA on the agenda. Council Member Taylor made a motion to suspend the rules and have public hearing and second reading on items P through AA on the agenda, seconded by Council Member Kopczynski. The motion carried by a roll call vote of nine ayes. First reading and public hearing reading was given to all items at this time. This being the time heretofore set for public hearing on items P through AA on the agenda, pro- ponents and opponents were given an opportunity to be heard. Mr. Mullen, indicated these trans- fers were necessary in order to meet 1979 expenses. ORDINANCE NO. 6681 -79 AN ORDINANCE TRANSFERRING $300.00 AMONG THE VARIOUS BUDGET CLASSIFICATIONS OF THE DEPARTMENT OF LAW WITHIN THE GENERAL FUND OF THE CITY OF SOUTH BEND. Council Member Kopczynski made a motion to pass this bill, seconded by Council Member Adams. The bill passed by a roll call vote of eight ayes (Council Member Dombrowski was absent from the Chambers.) ORDINANCE NO. 6682 -79 AN ORDINANCE TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN THE MANY DEPARTMENTAL BUDGETS OF THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. Council Member Miller made a motion to pass this bill, seconded by Council Member Serge. 'The bill passed by a roll call vote of eight ayes (Council Member Dombrowski was absent from the Chambers.) ORDINANCE NO. 6683 -79 AN ORDINANCE TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN THE ECONOMIC DEVELOPMENT COMMISSION BUDGET OF THE ECONOMIC DEVELOPMENT COMMISSION FUND OF THE CITY OF SOUTH BEND, INDIANA. Council Member Miller made a motion to pass this bill, seconded by Council Member Szymkowiak. The bill passed by a roll call vote of eight ayes (Council Member Dombrowski was absent from the Chambers.) ORDINANCE NO. 6684 -79 AN ORDINANCE TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN THE PARKING GARAGE BUDGET OF THE PARKING FUND OF THE CITY OF SOUTH BEND, INDIANA. Council Member Taylor made a motion to pass this bill, seconded by Council Member Miller. The bill passed by a roll call vote of eight ayes (Council Member Dombrowski was absent from the CHambers.) ORDINANCE NO. 6685 -79 AN ORDINANCE TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN THE DISCOVERY HALL BUDGET OF THE REVENUE SHARING FUND OF THE CITY OF SOUTH BEND, INDIANA. Council Member Taylor made a motion to pass this bill, seconded by Council Member Miller. The bill passed by a roll call vote of eight ayes (Council Member Dombrowski was absent from the Chambers. ORDINANCE NO. 6686 -79 AN ORDINANCE TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN THE BUREAU OF STREETS OF THE MOTOR VEHICLE HIGHWAY FUND OF THE CITY OF SOUTH BEND, INDIANA. Council Member Taylor made a motion to pass this bill, seconded by Council Member Miller. The bill passed by a roll call vote of eight ayes (Council Member Dombrowski was absent from the Chambers.) ORDINANCE NO. 6687 -79 AN ORDINANCE TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN THE HUMAN RIGHTS COMMISSION BUDGET OF THE HUMAN RIGHTS FUND OF THE CITY OF SOUTH BEND, INDIANA. Council Member Taylor made a motion to pass this bill, seconded by Council Member Szymkowiak. The bill passed by a roll call vote of eight ayes (Council Member Dombrowski was absent from the Chambers.) ORDINANCE NO. 6688 -79 AN ORDINANCE TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN THE HUMAN RIGHTS COMMISSION FEDERAL BUDGET OF THE :FEDERAL HUMAN RIGHTS FUND OF THE CITY OF SOUTH BEND, INDIANA. Council Member Taylor made a motion to pass this bill, seconded by Council Member Miller. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6689 -79 AN ORDINANCE TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN THE SOLID WASTE BUDGET OF THE SOLID WASTE FUND OF THE CITY OF SOUTH BEND, INDIANA. Council Member Miller made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of nine ayes. REGULAR MEETING NOVEMBER 15, 1979 REGULAR MEETING RECONVENED (CONTINUED) ORDINANCE NO. 6690 -79 AN ORDINANCE TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN THE BUDGET OF THE BUREAU OF WATER OF THE WATER WORKS GENERAL FUND AND DEPRECIATION FUND OF THE CITY OF SOUTH BEND, INDIANA. Council Member Miller made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6691 -79 AN ORDINANCE TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN THE BUREAU OF WASTE WATER BUDGET OF THE SEWAGE .WORKS GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. Council Member Taylor made a motion to pass this bill, seconded by Council Member Miller. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6692 -79 AN ORDINANCE TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN THE BUREAU OF SEWERS BUDGET OF THE SEWAGE WORKS GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. Council Member Taylor made a motion to pass this bill, seconded by Council Member Miller. The bill passed by a roll call vote of nine ayes. BILL NO. 174 -79 A BILL APPROPRIATING ADDITIONAL OPERATING FUNDS IN THE AMOUNT OF $49,429.00 FOR THE CALENDAR YEAR 1979, FROM THE SEWAGE WORKS OPERATING FUND TO BE ADMINISTERED BY THE CITY OF SOUTH BEND, INDIANA, THROUGH THE BUREAU OF SOLID WASTE. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading December 3, 1979, seconded by Council Member Dombrowski. The motion carried. BILL NO. 175 -79 A BILL APPROPRIATING ADDITIONAL OPERATING FUNDS IN THE AMOUNT OF $29,710.00 FOR THE CALENDAR YEAR 1979, FROM THE SOLID WASTE FUND (07) TO BE ADMINISTERED BY THE CITY OF SOUTH BEND, INDIANA, THROUGH THE BUREAU OF SOLID WASTE. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading December 3, 1979, seconded by Council Member Adams. The motion carried. BILL NO. 176 -79 A BILL APPROPRIATING $10,000 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING FOR VARIOUS HUMAN RESOURCES PROGRAMS TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH .ITS HUMAN RIGHTS COMMISSION AND DEPARTMENT OF HUMAN RESOURCES AND ECONOMIC DEVELOPMENT. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading December 3, 1979, seconded by Council Member Dombrowski. The motion carried. BILL NO. 177 -79 A BILL APPROPRIATING $7,750.00 FROM THE EQUAL EMPLOYMENT OPPORTUNITY FUND TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS HUMAN RIGHTS COMMISSION AND DEPARTMENT OF HUMAN RESOURCES AND ECONOMIC DEVELOPMENT. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading December 3, 1979, seconded by Council Member Dombrowski. The motion carried. BILL NO. 178 -79 A BILL APPROPRIATING $35,000.00 FROM THE EQUAL EMPLOYMENT OPPORTUNITY FUND TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS HUMAN RIGHTS COMMISSION AND DEPARTMENT OF HUMAN RESOURCES AND ECONOMIC DEVELOPMENT. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading December 3, 1979, seconded by Council Member Dombrowski. The motion carried. BILL NO. 179 -79 A BILL APPROPRIATING $1,499.00 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND, FOR THE CONTINUATION OF URBAN RENEWAL ACTIVITIES, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF HUMAN RESOURCES AND ECONOMIC DEVELOP- MENT /DIVISION OF COMMUNITY DEVELOPMENT AND THE DEPARTMENT OF REDEVELOPMENT. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading December 3, 1979, seconded by Council Member Dombrowski. The motion carried. REGULAR MEETING NOVEMBER 15, 1979 REGULAR MEETING RECONVENED (CONTINUED) BILL NO. 180 -79 A BILL APPROPRIATING $135,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR CONSTRUCTION OF A FIRE STATION TO BE LOCATED IN THE AREA OF THE AIRPORT INDUSTRIAL PARK, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC WORKS. This bill had first reading. Council Member Adams made a motion to refer this bill.to the Public Works Committee and set it for public hearing and second reading December 3, 1979, seconded by Council Member Dombrowski. The motion carried. BILL NO. 181 -79 A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE OPERATING EXPENSES OF CENTURY CENTER OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1980, AND ENDING DECEMBER 31, 1980, INCLUDING 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 December 3, 1979, seconded by Council Member Dombrowski. The motion carried. PRIVILEGE OF THE FLOOR Glenda Rae Hernandez, President of the SE PAC, indicated that contrary to what Mr. Ellison had indicated regarding Section 108 Funds she had received the following letter from HUD: Mrs. Glenda Hae Hernandez President, Southeast Side Neighborhood PAC, Inc. 702 East South Street South Bend, IN 46601 Dear Mrs. Hernandez: Subject: Request for Clarification of Uses of Section 108 Loan Funds B- 79 -MC -18 -0011 This letter is in response to your inquiry of July 30,1979, regarding the above subject. Section 108 of the Housing and Community Development Act of 1974, as amended in 1977, provides that metropolitan cities (such as South Bend and Indianapolis) are eligible to apply for loan guarantees. The governing regulations for the Section 108 Loan Guarantee Program are provided at Section 570.700 to 570..705 in the January 18, 1978 Federal Register. Loan guarantee assistance may only be used for the following three purposes, which are set forth at Section 570.701: 1. Acquisition of real property (where acquisition is otherwise eligible for block grant assistance); 2. Rehabilitation of publicly owned or acquired real property (where such rehabilitation is otherwise eligible for block grant assistance); and 3. Payment of related expenses of interest, demolition, relocation, and site improvements. The City of Indianapolis is utilizing Section 108 funds in a housing revolving fund. The City uses this fund to acquire and rehabilitate properties, and then to subsequently resale them. Please be advised that Section 108 funds may not be used to finance rehabilitation of privately owned properties. The existence of the Experimental Housing Allowance Program in South Bend has no determining effect on the type of rehabilitation which may be undertaken with Section 108 funds. As previous stated, there are governing regulations concerning eligible activities. If we may be of further.assistance to you, please feel free to contact the CPD Representative for your area, Eleanor Granger, at 317- 269 -6213. Sincerely, /s /Howard L. Campbell Area Manager ORDINANCE NO. 6663 -79 - Vetoed by the Mayor 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. Council Member Miller made a motion to override the veto, seconded by Council Member Taylor. The motion carried by a roll call vote of eight ayes and one nay (Council Member Horvath.) NEW BUSINESS Council Member Kopczynski indicated that the Council should receive some report from Public Works concerning the problem at the chemical plant. There being no further business to come before the Council, unfinished or new, Council Member Taylor made a motion to adjourn, seconded by Council Member Dombrowski. The motion carried and the meeting was adjourned at 7:40 p.m. ATTEST: APPROVED* CITY CLERK PRE SI