Loading...
HomeMy WebLinkAbout12-03-79 Council Meeting Minutes51- REGULAR MEETING DECEMBER 3 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, December 3, 1979, at 7:00 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL PRESENT: Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Horvath and Parent. ABSENT: Council Member Dombrowski 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 December 3, 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 Taylor made a motion that the minutes of the November 15, 1979 meeting of the Council be accepted and placed on file, seconded by Council Member Horvath. The motion carried. SPECIAL BUSINESS- Council Member Taylor made a motion to allow the neighborhood group that is opposed to the Prenc operation to present their opposition, seconded by Council Member Kopczynski. Council President Parent indicated that the group would be allowed thirty minutes. Mr. Dennis Jennings, 2326 Hollywood, presented a petition to the City Clerk with 1,950 signatureE against the Prenco lease. He indicated they do not feel this facility should be located within the City of South Bend. Mr. Joseph Peyser, 1820 Ribourde Dr., read excerpts of a letter from an ecologist at I.U.S.B., which indicated he had studied this facility and the soil around this plant was such that if there were a major spill there is a chance it would seep into the river and lagoon. Mr. Sidney Wolf, a professor at I.U. S. B., who teaches courses on environmental policy, indicated he was concerned about the wisdom of allowing this extremely dangerous facility to continue operating in a populated residential area. He indicated that the substanceE and chemicals handled at the Prenco facility fit the definition of hazardous wastes adopted for the EPA. He indicated that even utilizing the most modern and costly technology no hazardous waste facility is completely safe. He indicated that EPA does not have the capability to regulat these facilities as they should be regulated. He said fortunately the City can easily terminate the Prenco lease. He.said the lease has a back -out provision, which p3rovides that it can be terminated without liability any time after the first year of the lease. Mr. Tom Doherty, 1810 Ribourde, indicated that this unit has been run without any anti - pollution devices. He showed a photograph taken November 11, showing the high flame coming from the chimney. He said this facility is in the process of being expanded. He said they do not know exactly what is being burned, and the quality of air is being aversely effected in the City of South Bend. He said this plant frequently stinks for days on end. Mr. Phil Harris, 2332 Hollywood Pl., in- dicated that allowing a unit to operate without proper supervision was ridiculous. He said a facility like this should be more closely supervised. Mrs. Jane Swan, 2002 Swygart, indicated that this is a citywide problem, and everyone in the City could be effected. Mr. Patrick McMahor. Director of Public Works, indicated that this problem had come before the Board of Works, and they have reviewed the operation and made a report. He indicated that this facility had been inspected by Federal, State and local inspectors and found safe. He indicated that they had recently installed anti - pollution devices. Council Member Taylor indicated that the Council was a recommending body. He indicated that there should be a more suitable location. He said he would recommend that as soon as possible Prenco be moved to a more suitable location. Council Member Adams indicated that the lease be terminated in accordance with the agreement. Council Member Taylor indicated that -he felt that was a legal decision. Council Member Adams asked for a legal opinion as to the termination of this agreement. Mr. Charles Leone, from the City Legal Department, indicated that it .appeared that the City could do this unless there were follow -up documents that would affect this agreement. Council Member Adams made a motion that the Council send a letter to theMayor and Board of Works that they would like them to terminate the lease with Prenco, there was no second to the motion. Council President Parent indicated he was not in favor of the termination of the lease unless they were sure that the City would not have liability. Council Member Miller indicated there should be a second hearing on this matter in order to have the time to make the proper decision. He recommended that the Council not take action of this matter tonight. Council President Parent indicated that the Chair refer this matter to the Public Works Committee, in order that a meeting could be held this week, so the Board of Public Works could possibly take action Monday. He indicated that this will be scheduled for the next Council Meeting. Council Member Taylor made a motion to recess, seconded by Council Member Horvath. The motion carried and the meeting was recessed at 8:15 p.m. and reconvened at 8:30 p.m.. Council Member Kopczynski made a motion to resolve into the Committee of the Whole, seconded by Council Member Adams. 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, December 3, 1979, at 8:30 p.m., with eight members present. Chairman Horvath presiding. 0 E 17 F REGULAR MEETING DECEMBER 3 1979 COMMITTEE OF THE WHOLE 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. 3.7 -79 OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION RELATING TO THE STEEL WAREHOUSE OF INDIANA, INC. PROJECT. 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 $648,000 bond issue would be used for the purchase of equipment and construction of facilities located adjacent to 2900 W. Tucker Dr. He said it was anticipated that approximately five new jobs would be created. Council Member Taylor made a motion to recommend this bill to the Council favorable, seconded by Council Member, Miller. 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 AP- PROVING RESOLUTION NO. 28 -79 OF THE SOUTH BEND ECONOMIC DEVELOP- MENT COMMISSION RELATING TO THE NILES AVENUE PARTNERSHIP PROJECT. 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 $750,000 bond issue was for the acquisition, improvement, remodeling and development of commercial buildings located at 411 E. Jefferson and 121 S. Niles Avenue. He said it was anticipated that approximately twenty - five new jobs will be created, Council Member Kopczynski made a motion to recommend this bill to the Council favorable,.seconded by Council Member Adams. The motion carried. BILL NO. 153 -79 A BILL APPROVING THE FORM AND TERMS OF A LEASE AND TRUST INDENTURE AND INDUSTRIAL.REVENUE BONDS, AND AUTHORIZING THE EXECUTION THERE- OF, AND APPROVING RESOLUTION NO. 8 -79 OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION RELATING TO THE HABLIN COMPANY, INC. PROJECT. 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 $530,000 bond issue would be used for the acquisition of land and facility improvements at 231 S. Michigan St. He said the new facility will initially employ approximately 21 to 30 people. Council Member Serge made a motion to recommend this bill to the Council favorable, seconded by Council Member Kopczynski. 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 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 Develop - ment Commission, made the presentation for the bill. He indicated this $300,000 bond issue was for the acquisition of machinery and equipment and expansion of facilities located at 1119 S. Franklin Street. He said the. new facility will initially employ approximately 25 people. Council Member Kopczynski made a motion to recommend this bill to the Council favorable, seconded by Council Member Adams. 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 being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Peter Mullen, City Controller, made the presentation for the bill. He indicated this change in annual vacation was due to the negotiated agreement between the City and Teamsters. He asked that the bill be amended by adding a new Section II to read "All above references to years, indicate a complete year of employment upon the em- ployee's anniversary date. ", the present Section IZ would become Section III. Council Member Kopczynski made a motion to amend this bill, seconded by Council Member Taylor. The motion carried. Council Member Serge made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Miller. 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 OF 1980. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mayor -elect Roger Parent, made the presentation for the bill. He indicated that in order to improve the City operations he was asking the CIty Council to take the following actions (1) establish the position of Safety Board Assistant; (2) replace the Mayor's Secretary position with that of a Manager of secretarial and Clerical Services; (3) change the City Attorney's present position from part -time to full -time. He indicated he was asking the Council to act on these revisions now, rather than in 1980, in order to facilitate the transition. He indicated that salaries for these positions would be requested in 1980. He gave a job description for each position. Mrs. Jane Swan, 2022 Swygart, indicated that a mayor has a right to reorganize his office if he sees fit. Council Member Adams indicated she was against the position of Safety Board Assistant, but would vote for this bill because of the full -time position for the City Attorney. Council Member Kopczynski made a motion to recommend this bill to the.Council favorable, seconded by Council Member Serge. The motion carried. REGULAR MEETING DECEMBER 3, 1980 COMMITTEE OF THE WHOLE MEETING (CONTINUED 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 being the time heretofore set for public hearing on the above bill, proponents and opponent: were given an opportunity to be heard. Mr. Jon Hunt, Director of Community Development, made, the presentation for the bill. He indicated that the demand for "Women's Shelter" services has proved to far exceed capacity, and statistics show that an average of twenty clients must be turned down per month because of lack of space. He indicated that the YWCA was now seeking assistance in acquiring a larger facility. Ms. Jane Cobb, Director of the - -- YWCA, indicated they housed 650 women and children since they opended in April of 1978. She indicated that acquiring this real estate would allow them to double the service. Council Member Adams made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. BILL NO. 174 -79 A BILL APPROPRIATING ADDITIONAL OPERATING FUNDS IN THE AMOUNT OF $49,420.00 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 SEWERS. This being the time heretofore set for public hearing on the above bill, proponents and opponent were given an opportunity to be heard. Mr. Peter Mullen, City Controller, made the presentation for the bill. He indicated that the Bureau of Sewers needed additional funding in several areas to make their budget reflect their level of operation. He said the majority of this extra was related to making them and their equipment a part of the citywide snow plowing effort. Council Member Adams asked if this money had alread been spent. Mr. Mullen indicated that had. Council Member Miller made a motion to recommend this bill to the Council favorable, seconded by Council Member Szymkowiak. The motion carried. BILL NO. 175 -79 A BILL APPROPRIATING ADDITIONAL OPERATING FUNDS IN THE AMOUNT OF $29,710.00 FOR THE CALENDER; YEAR - 1979, FROM THE SOLID WASTE FUND (07) TO BE ADMINISTERED BY THE CITY OF SOUTH BEND, INDIANA, THROUGH THE BUREAU OF SOLID WASTE. expen4e it This being the time heretofore set for public hearingon the above bill, proponents and opponents were given an opportunity to be heard. Mr. Peter Mullen, City Controller, made the presentation for the bill. He indicated this additional funding was necessary to pay wages of those in- dividuals who were absorbed because of the loss of funding through CETA. Council Member Szymkowiak made a motion to recommend this bill to the Council favorable, seconded by Council Member Miller. 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 BENDTHROUGH ITS DEPARTMENT OF ADMINISTRATION AND FINANCE. This being the time heretofore set for public hearing on the above bill, proponents and opponent: were given an opportunity to be heard. Mr. Peter Mullen,`City Controller, made the presentation for the bill. He indicated this appropriation was for the continued support of the CANCO Prograi which provides crucial services and programs to the children and families of the City of South Bend. Council Member Miller made a motion to recommend this bill to the Council favorable, seconded by Council Member Parent. 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 being the time heretofore set for public hearing on the above bill, proponents and opponent were given an opportunity to be heard. Mr. Isadore Rosenfeld, Chairman of the Human Rights Commission, made the presentation for the bill. He indicated this budget appropriated Federal moneys received by the Human Rights Commission in the form of a grant. Council Member Taylor made a motion to recommend this bill to the Council favorable, seconded by Council Member Serge. 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 being the time heretofore set for public hearing on the above bill, proponents and opponent! were given an opportunity to be heard. Mr. Isadore Rosenfeld, Chairman of the Human Rights Commission, made the presentation for the bill. He indicated this appropriation will be used for the expenses of the Human Rights Commission incurred under the Federal Grant awarded them by the Equal Employment Opportunity Commission. Council Member Adams made a motion to recommend this bill to the Council favorable, seconded by Council Member Kopczynski. The motion carried. REGULAR MEETING DECEMBER 3, 1979 COMMITTEE OF THE WHOLE MEETING (CONTINUED 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 being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Jon Hunt, Director of Community Development, made the presentation for the bill. He indicated this appropriation was a result of the audit of the second program year. He said this money would be available to help defray questioned costs, thus compliance per our response to the auditor's findings will have been satisfied. He indicated this bill should be amended to read July 6, 1975 wherever the program year appeared in the bill. Council Member Kopczynski made a motion to amend the bill, seconded by Council Member Parent. The motion carried. Council Member Kopczynski made a motion to recommend the bill to the Council favorable, as amended, seconded by Council Member Taylor. The motion carried. BILL NO. 180 -79 A BILL APPROPRIATING $135,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR THE 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 being the time heretofore set for public hearingon the above bill, proponents and opponents were given an opportunity to be heard. Mr. Patrick McMahon, Director of Public Works, made the presentation for the bill. He indicated that the low bid received exceeded the engineering estimate, therefore, the additional appropriation of $135,000.00 was needed so construction could be completed. He said the cost of this fire station is going to be $460,000, and the last fire station the City built cost $325,000. Council Member Serge made a motion to recommend this bill to theCouncil favorable, seconded by Council Member Taylor. 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 being the time heretofore set for were given an opportunity to be heard. reflects an increase of 6.5 %. Council III by adding "and approval by the May, Council Member Miller made a motion to seconded by Council Member Serge. The public hearing on the above bill, proponents and opponent Mr. Peter Mullen, City Controller, indicated this budget Member Adams made a motion to amend this bill in Section Dr:, seconded by Council Member Miller. The motion carrie recommend this bill to the Council favorable, as amended, motion carried. There being no further business to come before the Committee of the Whole, Council Member Adams made a motion to rise and report to the Council, seconded by Council Member Kopczynski. The motion carried. ATTEST: ATTEST: CITY CLERK REGULAR MEETING RECONVENED CHAIRMAN Be it remembered that the Common Council of the CIty of South Bend reconvened in the Council Chambers on the fourth floor of .the County -City Building at 9:20 p.m. President Parent pre- siding and eight members present. BILLS, SECOND READING ORDINANCE NO. 6693 -79 AN ORDINANCE APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS AND AUTHORIZING THE EXECUTION THEREOF, AND APPROVING RESOLUTION NO. 37 -79 OF THE SOUTH BEND ECONOMIC DEVELOP - MENT COMMISSION RELATING TO THE STEEL WAREHOUSE OF INDIANA, INC. PROJECT. This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Kopczynski. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 6694 -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. 25-79 OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION RELATING TO THE NILES AVENUE PARTNERSHIP PROJECT. This bill had second reading. 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. 522 REGULAR MEETING DECEMBER 3, 1979 REGULAR MEETING RECONVENED (CONTINUED ORDINANCE NO. 6695 -79 AN ORDINANCE APPROVING THE FORM AND TERMS OF A LEASE 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 second reading. Council Member Miller made a motion to pass this bill, seconded by Council Member Taylor.'. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 6696 -79 AN ORDINANCE APPROVING THE FORM AND TERMS OF LOAN AGREEMENT, TRUST INDENTURE AND SECURITY AGREEMENT AND INDUSTRIAL DEVELOP- MENT 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 second reading. 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. ORDINANCE NO. 6697 -79 AN ORDINANCE AMENDING CHAPTER 2 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, PERTAINING TO ANNUAL VACATIONS FOR CITY PERSONNEL. 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 Miller. The motion carried. Council Member Taylor made a motion to pass this bill, as amended, seconded by Council Member Miller. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 6698 -79 AN ORDINANCE 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 OF 1980. This bill had second reading. Council Member Miller made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 6699 -79 AN ORDINANCE 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 second reading. 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. ORDINANCE NO. 6700 -79 AN ORDINANCE.APPROPRIATING ADDITIONAL OPERATING FUNDS IN THE AMOUNT OF $49,420.00 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 SEWERS. This bill had second reading. Council Member Miller made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of seven ayes and one nay (Council Member Adams.) ORDINANCE NO. 6701 -79 AN ORDINANCE 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 second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Miller. The bill passed by a roll call vote of seven ayes and one nay (Council Member Adams.) ORDINANCE NO. 6702 -79 AN ORDINANCE APPROPRIATING $10,000 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING FOR VARIOUS HUMAN RESOURCES PROGRAMS TO BE ADMINISTRED BY THE CITY OF SOUTH BENDTHROUGH ITS DEPARTMENT OF ADMINISTRATION AND FINANCE. This bill had second reading. Council Member Miller made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 6703 -79 AN ORDINANCE 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 second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 6704 -79 AN ORDINANCE 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 RE- SOURCES AND ECONOMIC DEVELOPMENT. This bill had second reading. 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. REGULAR MEETING DECEMBER 3, 1979 REGULAR MEETING RECONVENED (CONTINUED) ORDINANCE NO. 6705 -79 AN ORDINANCE 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 DEVELOPMENT /DIVISION OF COMMUNITY DEVELOPMENT AND THE DEPARTMENT OF REDEVELOPMENT. This bill had second reading. Council MemberTaylor made a motion to amend this bill, as amended in the Committee of the Whole, seconded by CouncilMember Szymkowiak. The motion carried. Council Member Taylor made a motion to pass this bill, as amended, seconded by Council.Member Szymkowiak. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 6706 -79 AN ORDINANCE APPROPRIATING $135,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR THE 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 second reading. Council Member Szymkowiak made a motion to pass this bill, seconde by Council Member Taylor. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 6707 -79 AN ORDINANCE APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE OPERATING EXPENSES OF THE 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 OB- LIGATIONS AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This bill had second reading. Council Member Taylor made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Szymkowiak. The motion carried Council Member Szymkowiak made a motion to pass this bill, as amended, seconded by Council Member Taylor. The motion carried by a roll call vote of eight ayes. RESOLUTIONS RESOLUTION NO. 735 -79 AN INDUCEMENT RESOLUTION RELATING TO THE JACKEL, INC. PROJECT. WHEREAS, pursuant to I.C. 18- 6 -4.5, the Common Council of the CIty of South Bend, Indiana, created the South Bend Economic Development Commission, which Commission, following an investiga- tion and survey, has determined that a needed exists in the community for additional job opportunities and commercial and industrial diversification. That in order to improve and promote job opportunities, commercial diversification, and the general welfare of the community, a financing agreement should be entered into with Jackel, Inc., or its assigns, relating to a project to be known as the "Jackel, Inc. Project "; and WHEREAS, Jackel, Inc. is an existing corporation organized under the laws of the State of Indiana engaging in the business of manufacturing and desires to expand its operations with the result that it will retain a substantial number of new employees, and, WHEREAS, Jackel, Inc. proposes to acquire industrial manufacturing equipment to be installed at its existing plant located in an uncorporation area of St. Joseph County, Indiana at 15314 Harrison Road; and, WHEREAS, to induce Jackel, Inc., or its assigns to become the principal user of such Economic Development facilities the South Bend Common Council desires to adopt this resolution; and, WHEREAS, it is apparent that the development of the Jackel, Inc. Project will increase job opportunities and commercial diversification in St. Joseph County, Indiana resulting in benefit to the welfare of the public in the City of South Bend and in St. Joseph County, Indiana. NOW, THEREFORE, BE IT RESOLVED by the South Bend Common Council as follows: SECTION 1. That approval is hereby given to the application of Jackel, Inc. relating to the acquisition of such industrial manufacturing equipment and its installation, wherein Industrial Revenue Bonds would be issued by the City of South Bend, Indiana for an amount not exceeding $600,000.00 repayable with interest thereon at the rate of 82% per annum over a term of eight (8) years. SECTION 2. In order to encourage, induce and solicit such application by Jackel, Inc. for such industrial Revenue Bond issue relating to its acquisition of such industrial manufacturing equipment constituting Economic Development Facilities, the South Bend Common Council shall pro- ceed to cooperate with and take such action as may be necessary in the drafting of documents or the performance of such other acts as will facilitate the issuance of such Industrial Revenue Bonds by the City of South Bend, Indiana, to provide funds to be used toward the payment of the costs of acquiring such industrial manufacturing equipment and in its installation. SECTION 3. Any costs or expenses incurred in connection with the Jackel, Inc. Project shall be included in the project costs and reimbursed from the proceeds of the Industrial Revenue Bonds to be used with respect thereto. SECTION 4. That the liability and obligation of the Common Council of the City of South Bend and the City of South Bend, Indiana, shall be limited solely to good faith efforts to con- summate such proceedings and issue such bonds, and neither the South Bend Common Council nor the City of South Bend, Indiana, or its officers or agents, shall incur any liability whatsoever if for any reason the proposed issuance of such bonds is not consummated. M &I REGULAR MEETING DECEMBER 3, 1979 REGULAR MEETING RECONVENED (CONTINUED SECTION 5. 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. Richard Cramer, attorney for Jackel, Inc., indicated this resolution was an inducement for Jackel to acquire industrial manufacturing equipment to be installed in its existing plant located at 15314 Harrison Road. He indicated they intend to apply to the Economic Development Commission for bonds not exceeding $600,000. Council Member Serge made a motion to adopt this resolution, seconded by Council Member Adams. The resolution was adopted by a roll call vote of eight ayes. BILLS, FIRST READING BILL NO. 182 -79 A BILL APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF, AND APPROVING RESOLUTION NO. 38 -79 OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION RELATING TO THE MISCH MANUFACTUR- ING CO., A PARTNERSHIP PROJECT. This bill had first reading. Council President Parent asked for a motion to set this bill for public hearing and second reading December 17, 1979, at 7:00 p.m. Council Member Taylor made the motion, seconded by Council Member Miller. The motion carried. BILL NO. 183 -79 A BILL APPROVING THE FORM AND TERMS OF LOAN AGREEMENT, TRUST INDENTURE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF, AND APPROVING RESOLUTION NO. 39 -79 OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION RELATING TO THE R &C REALTY, AN INDIANA PARTNERSHIP project. This bill had first reading Council Member Taylor made a motion to set this bill for public hearing and second reading December 17, 1979, seconded by Council Member Miller. The motion carried. BILL NO. 184 -79 A BILL APPROVING THE FORM AND TERMS OF 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 RIVER GLEN OFFICE PLAZA ASSOCIATES PROJECT. This bill had first reading. Council Member Miller made a motion to set this bill for public hearing and second reading December 17, 1979, seconded by Council Member Kopczynski. The motion carried. BILL NO. 185 -79 A BILL AUTHORIZING THE ISSUANCE OF $600,000 ECONOMIC DEVELOPMENT REVENUE BONDS (JACKEL, INC. PROJECT) OF THE CITY OF SOUTH BEND, INDIANA FOR THE PURPOSE OF FUNDING A LOAN TO JACKEL, INC. IN ORDER TO FINANCE THE ACQUISI- TION AND INSTALLATION OF CERTAIN INDUSTRIAL MANUFACTURING EQUIPMENT FOR USE BY JACKEL, INC. IN ST. JOSEPH COUNTY, INDIANA, AUTHORIZING EXECUTION OF THE LOAN AGREEEMENT AND TRUST INDENTURE AND SECURITY AGREEMENT AND AUTHORIZING THE TERMS AND SALE OF.SAID BONDS. This bill had first reading. Council Member Miller made a motion to set this bill for public hearing and second reading December 17, 1979, seconded by Council Member Adams. The motion carried. Council Member Miller made a motion to reconsider the motion on item A to set it for public hearing and second reading at 7:00 p.m., seconded by Council Member Kopczynski. The motion carried. Council Member Kopczynski made a motion to set the December 17, 1979, Council meeting at 6:00 p.m., seconded by Council Member Adams. The motion carried. BILL NO. 186 -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. This bill had first reading. Council Member Miller made a motion to refer this bill to Area Plan, seconded by Council Member Adams. The motion carried. BILL NO. 187 -79 A BILL APPROPRIATING $35,000.00 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND FOR A PUBLIC WORKS LIGHTING PROJECT TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THOUGH THE DIVISION OF COMMUNITY DEVELOPMENT AND THE DEPARTMENT OF PUBLIC WORKS. This bill had first reading. Council Member Miller made a motion to set this bill for public hearing and second reading December 17, 1979, seconded by Council Member Adams. The motion carried. BILL NO. 188 -79 A BILL TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN THE BUREAU OF SUBSTANDARD BUILDINGS BUDGET OF THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Miller made a motion to set this bill for public hearing and second reading December 17, 1979, seconded by Council Member Adams. The motion. carried. 1525 REGULAR MEETING DECEMBER 3; 197 REGULAR MEETING RECONVENED(CONTINUED) BILL NO. 189 -79 A BILL TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN THE BUDGET OF THE FIRE DEPARTMENT WITHIN THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. This bill had first reading Council Member Miller made a motion to set this bill for public hearing and second reading December 17, 1979, seconded by Council Member Adams. The motion carried. BILL NO. 190 -79 A BILL TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN THE BUDGET OF THE ECONOMIC DEVELOPMENT COM- MISSION WITHIN THE ECONOMIC DEVELOPMENT COMMISSION FUND OF THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Miller made a motion to set this bill for public hearing and second reading December 17, 1979, seconded by Council Member Taylor. The motion carried. BILL NO. 191 -79 A BILL TRANSFERRING $48,659 -.51 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 December 17, 1979, seconded by Council Member Taylor. The motion carried. BILL NO. 192 -79 A BILL APPROPRIATING ADDITIONAL OPERATING FUNDS IN THE AMOUNT OF $30,000.00 FOR THE CALENDAR YEAR 1979, FROM THE FIRE PENSION FUND TO BE ADMINISTERED BY THE CITY OF SOUTH BEND, INDIANA, THROUGH THE DEPARTMENT OF ADMINISTRATION AND FINANCE. This bill had first reading. Council Member Miller made a motion to set this bill for public hearing and second reading December 17, 1979, seconded by Council Member Taylor. The motion carried. BILL NO. 193 -79 A BILL APPROPRIATING ADDITIONAL OPERATING FUNDS IN THE AMOUNT OF $30,000.00 FOR THE CALENDAR YEAR 1979, FROM THE POLICE PENSION FUND TO BE ADMINISTERED BY THE CITY OF SOUTH BEND, INDIANA, THROUGH THE DEPARTMENT OF ADMINISTRATION AND FINANCE. This bill had first reading. Council Member Taylor made a mtoion to set this bill for public hearing and second reading December 17, 1979, seconded by Council Member Miller. The motion carried. BILL NO. 194 -79 A BILL APPROPRIATING $16,950.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY KNOWN AS GENERAL REVENUE SHARING, FOR EQUIP- MENT PURCHASE FOR CENTURY CENTER, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE DEPARTMENT OF ADMINISTRATION AND FINANCE. This bill had first reading. Council Member Miller made a motion to set this bill for public hearing and second reading December 17, 1979, seconded by Council Member Taylor. The motion carried. BILL NO. 195 -79 A BILL APPROPRIATING $179,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR DEVELOPMENT OF PERMANENT, INTERPRETIVE EXHIBITS FOR THE DIS- COVERY HALL MUSEUM, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF ADMINISTRATION AND FINANCE. This bill had first reading. Council Member Miller made a motion to set this bill for public hearing and second reading December 17, 1979, seconded by Council Member Taylor. The motion carried. ILL NO. 196 -79 A BILL AMENDING VARIOUS SECTIONS OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND PERTAINING TO ISSUANCE, SUSPENSION, AND REVOCATION OF LICENSES AND PERMITS. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading December 17, 1979, seconded by Council Member Miller. The motion carried. BILL NO. 197 -79 A BILL AMENDING VARIOUS SECTIONS OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND BY DELETING THEREFROM THE TERM "MISDEMEANOR" AND BY DELETING THEREFROM ANY PROVISION FOR IMPRISON14ENT BY PUNISHMENT FOR A VIOLATION THEREOF. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading December 17, 1979, seconded by Council Member Miller. The motion carried. UNFINISHED BUSINESS Reports from Area Plan - Historic Landmarks: North Pumping Station and Morris Civic Auditorium Council Member Adams made a motion to set these bills for public hearing and second reading the first meeting in January, seconded by Council Member Miller. The motion carried. 526 REGULAR MEETING REGULAR MEETING RECONVENED (CONTINUED DECEMBER 3, 1979 Council Member Serge asked that a letter be sent to the Police Department that he wants enforce- ment of garbage and trash trucks that do not have tarps. Council Member Serge announced that there would be a public works Committee meeting Friday at 7:00 p..m., regarding cancellation of the Prenco lease. There being no further business to come before the Council, unfinished or new, Council Member Adams made a moiton to adjourn, seconded by Council Member Kopczynski. The motion carried and the meeting was adjourned at 9:45 p.m. ATTEST: ju'_� 1"� City Clerk APPROVED: 0