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HomeMy WebLinkAbout12-17-79 Council Meeting MinutesREGULAR MEETING DECEMBER 17, 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 17, 1979, at 6:00 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL PRESENT: Council Members Serge, Szymkowiak, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent ABSENT: Council Member Miller (Council Member Miller arrived in the Chambers at approximately 6:15 p.m.) 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 17, 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 December 3, 1979, meeting of the Council be accepted and placed on file, seconded by Council Member Dombrowski. The motion carried. SPECIAL BUSINESS Council President Parent indicated there were four people the City Council has worked with who have worked hard for the community. He read a resolution commending Mayor Peter J. Nemeth. RESOLUTION NO. 736 -79 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING PETER J. NEMETH, FOR HIS FOUR YEARS OF SERVICE AS MAYOR OF THE CITY OF SOUTH BEND. WHEREAS, Peter J. Nemeth has been the Mayor of the City of South Bend since 1975; and WHEREAS, Mayor Nemeth has served with distinction as Mayor of the City in revitalizing the downtown, improving city services and leading the citizenry effectively; WHEREAS, Mayor Nemeth has given eight years of hard work as a dedicated public servant to the citizenry. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the CIty of South Bend, Indiana: SECTION I. That the citizens of South Bend, through their Common Council, commend and congratulate Peter J. Nemeth for his four years of service as Mayor of the City of South Bend. SECTION II. That the Common Council wish Mayor "Pete" Nemeth continued success and a bright and successful future as he reenters the practice of law and enters the business world. SECTION III. That this Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s /Roger O. Parent Member of the Common Council REGULAR MEETING DECEMBER 17 197 He read a resolution commending Council Member Adams and then presented it to her. RESOLUTION NO. 740 -79 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING MARY CHRISTINE ADAMS, FOR HER FOUR YEARS OF SERVICE AS A COUNCILMAN -AT -LARGE FOR THE CITY OF SOUTH BEND. WHEREAS, Mary Christine Adams has been a Councilman -at -Large for the City of South Bend, since 1975; and WHEREAS, Councilman Adams has diligently served as Chairman of two hard - working Council Committees, namely, the Personnel and Finance Committee and the Utilities Committee; and WHEREAS, Councilman Adams has been an active member of several other committees including: Council Rules, Century Center, Public Works, and Residential Neighborhoods; and WHEREAS, Councilman Adams exemplifies a fine example of a hard - working and dedicated public servant. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana: SECTION I. That the Citizens of South Bend, through their Common Council, commend and congratulate Mary Christine Adams for her four years of service as a Councilman -at- Large. SECTION II. That the Common Council wish Councilman Adams continued success and a bright and successful future. SECTION III. That this Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s /Roger 0. Parent Member of the Common Council He presented a resolution to Councilman Horvath commending him for his work on the Council. RESOLUTION NO. 739 -79 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING FRANK HORVATH, FOR HIS EIGHT YEARS OF SERVICE AS A COUNCILMAN -AT -LARGE FOR THE CITY OF SOUTH BEND. WHEREAS, Frank Horvath has been a Councilman -at -Large for the City of South Bend since 1971; and WHEREAS, Councilman Horvath has had the distinction of serving as Chairman of Committee of the Whole for four years and a member of the Economic Development Commission for three years; and WHEREAS, Councilman Horvath has been an active member of several Council Committees including: Personnel and Finance, Human Resources and Economic Development, Older Adults, Public Works, and Public Safety; and WHEREAS, Councilman Horvath exemplifies a fine example of hard - working and dedicated public servant. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana: SECTION I. That the Citizens of South Bend, through their Common Council, commend and congratulate Frank Horvath for his eight years of service as a Councilman -at- Large. SECTION II. That the Common Council wish Councilman Horvath continued success and a bright and successful future. SECTION III. That this Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s /Roger 0. Parent Member of the Common Council He presented a resolution to Councilman Miller commending him for his work on the Council. RESOLUTION NO. 738 -79 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,, INDIANA, COMMENDING TERRY S. MILLER, FOR HIS EIGHT YEARS OF SERVICE AS THIRD DISTRICT COUNCILMAN FOR THE CITY OF SOUTH BEND. WHEREAS, Terry S. Miller has been a Councilman for the THird District of the City of South Bend since 1971; and WHEREAS, Councilman Miller has served with distinction on the Century Center Board of Mana- gers for four years; and WHEREAS, Councilman Miller has served as Chairman of the Council's Century Center Committee; and as a member of the Council's Human Resources and Economic Development Committee and Utilities Committee; and WHEREAS, Councilman Miller exemplifies a fine example of hard- working and dedicated public servant. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana: SECTION I. That the Citizens of South Bend, through their Common Council, commend and congratulate Terry S. Miller for his eight years of service as a Councilman for the Third District. REGULAR MEETING DECEMBER 17, 1979 SECTION II. That the Common Council wish Councilman Miller continued success and a bright and successful future. SECTION III. That this Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Roger 0. Parent Member of the Common Council Council Vice President Serge presented a resolution to Council President Parent commending him for his work on the Council. RESOLUTION NO. 737 -79 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING ROGER 0. PARENT, FOR HIS EIGHT YEARS OF SERVICE AS FOURTH DISTRICT COUNCILMAN FOR THE CITY OF SOUTH BEND, INDIANA. WHEREAS, Roger 0. Parent has been a Councilman for the Fourth District of the City of South Bend since 1971; and WHEREAS, Councilman Parent has served with distinction as President of the Common Council for five years; and WHEREAS, Councilman Parent has sponsored many innovative ordinances and resolutions especially in the areas of residential neighborhoods, human resources and improving the operation. of City government; WHEREAS, Councilman Parent exemplifies a fine example of hard- working and dedicated public servant. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana: SECTION I. That the citizens of South Bend, through their Common Council, commend and congratulate Roger 0. Parent for his eight years of service as a Councilman for the Fourth District. SECTION II. That the Common Council wish Councilman Parent continued success and a bright and successful future as the next Mayor of the City of South Bend. SECTION III. That this Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Joseph T Serge Member of the Common Council Council President Parent indicated tht he, the residents of the Council Oaks Addition, and the City Engineer, Patrick McMahon, had reached an agreement regarding the Prenco burner. He in- dicated the Board of Public Works will terminate the lease, and the plant must be relooated -by September 30, 1980. He indicated that Prenco may continue to use only the original burner.. He indicated that a major study will be undertaken and funds will be appropriated by the Council to determine the problem of disposal of waste liquids and waste matters. Mr. Tom Doherty, 1810 Ribourde, indicated that the Council Oaks Association applauds the decision that was reached on this matter. Council Member Taylor 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, November 15, 1979 at 6:32 p.m., with nine members present. Chairman Horvath presiding. 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 MANUFACTURING CO., A 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. Heindicated that this $350,000 bond issue was for the acquisition and improvements to facilities located at 14111 Ester Road. He said this facility will create approximately 7 to 10 new jobs. Council Member Kopczynski made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. 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 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 $500,000 bond issue would,be used for acquisition of real estate and construction of a commercial building on the northeast corner of Lincolnway East and Sample Streets,. He indicated that approximately five new jobs will be created. Council Member Szymkowiak made a motion to recommend this bill to the Council favor- able, seconded by Council Member Taylor. The motion carried. REGULAR MEETING DECEMBER 17 1980 COMMITTEE OF THE WHOLE MEETING (CONTINUED 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 ECONOIIMIC DEVELOPMENT COMMISSION RELATING TO THE RIVER GLEN OFFICE PLAZA ASSOCIATES 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 $1,500,000 bond issue was for the acquisition of land and construction and equipping of an office building located in Block 6. He said approximately 40 new jobs will be created. Council Member Szymkowiak made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 185 -79 A BILL AUTHORIZING THE ISSUANCE OF $500,000 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 ACQUISITION AND INSTALLATION OF CERTAIN INDUSTRIAL MANUFACTURING EQUIPMENT FOR USE BY JACKEL, INC., IN ST. JOSEPH COUNTY, INDIANA; AUTHORIZING THE EXECUTION OF THE LOAN AGREEMENT AND TRUST INDENTURE AND SECURITY AGREEMENT AND AUTHORIZING THE TERMS AND SALE OF SAID BONDS. 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 $600,000 bond issue was for the acquisition of land and installation of a facility at 15314 Harrison Rd. He said ap- proximately eight new jobs will be created. Council Member Kopczynski made a motion to recommen this bill to the Council favorable, 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 THROUGH THE DIVISION OF COMMUNITY DEVELOPMENT AND THE DEPARTMENT OF PUBLIC WORKS. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Patrick McMahon, Director of Public Works, made the presentation for the bill. He indicated this appropriation would be used for nineteen new in- dividual street lamps of colonial design between Williams and Chapin Street. He said this will aid in providing a unified appearance in the West Washington Historic District. Council Member Szymkowiak made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. Themotion carried. BILL NO. 188 -79 A BILL TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN THE BUREAU OF SUBSTANDARD BUILDING BUDGET OF THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on the above bill, proponents and opponent were given an opportunity to be heard. Mr. Michael Vance, Deputy City Controller, asked that public hearing be held on Bill Nos. 189 -79, 190 -79, 191 -79, 192 -79 and 193 -79. 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. 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. BILL NO. 191 -79 A BILL TRANSFERRING $48,659.51 AMONG VARIOUS ACCOUNTS, ALL ACCOUNTS BEING WITHIN GENERAL PARK FUND. 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. BILL NO. 193 -79 A BILL APPROPRIATING $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 being the time heretofore set for public hearing on the above bills, proponents and opponent were given an opportunity to be heard. Mr. Michael Vance made the presentation for the bills. He indicated that several line item transfers must be made in the Substandard Building Department Fire Department and Economic Development Commission budgets. He indicated that on the appropria.- tions State funds excepted for the pension relief were deleted from the 1979 budget in the form of current year retirement payments. Those funds have been received and at this time must be appropriated back to those line items. Council Member Taylor made a motion to recommend Bill No. 188 -79 to the Council favorable, seconded by Council Member Kopczynski. The motion carried. Council Member Serge made a motion to recommend Bill No. 189 -79 to the Council favorable, seconde by Council Member Adams. The motion carried. Council Member Serge made a motion to recommend Bill No. 190 -79 to the Council favorable, seconded by Council Member Taylor. The motion carried. Council Member Dombrowski made a motion to recommend Bill No. 191 -79 to the Council favorable, seconded by Council Member Taylor. The motion carried. Council Member Taylor made a motion to recommend Bill No. 192 -79 to the Council favorable, seconded by Council Member Dombrowski. The motion carried. Council Member Taylor made a motion to recommend Bill No. 193 -79 to the Council favorable, seconded by Council Member Dombrowski. The motion carried. REGULAR MEETING DECEMBER 17, 1979 COMMITTEE OF THE WHOLE MEETING (CONTINUED 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 DEPARTMETN 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. Mayor Peter J. Nemeth, made the presentation for the bil He indicated that the Center needed a grand piano, estimated to cost $7,115, as well as a power control system. He said the Hotel -Motel Board has agreed to provide $7,600 toward the purchase of the system with the City providing the estimated balance of $9,800. Council Member Adams made a motion to recommend this bill to the Council favorable, seconded by Council Member Kopcyzn 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 being the time heretofore set for public hearing on the above bill, proponents and opponent,, were given an opportunity to be heard. Mayor Peter J. Nemeth, made the presentation for the bil. He indicated they were trying to save the grant from the National Endowment for the Humanities. He indicated they would have to cutback on the exhibits, but this would give the museum a start. Mary Anne Peterson, president of the Studebaker Drivers Club, indicated they were disappointed that only six or seven vehicles were going to be displayed at a time. Mr. John Nemeth, a member of the Studebaker Drivers Club, indicated they had donated $3,770 for restoration of some of these vehicles and some of them were being stored in the annex, and if their members would see the condition of the annex they would be very disappointed. Mr. Ron Radecki, 121 S. St. Peter, indicated this was not a good time to make a decision on this appropriation, because this is such a large program and the museum is without a director at the present time. He indicated this should be delayed for a few weeks. Council President Parent indicated he had originally voted against the $300,000 appropriation but had agreed to go along with the $179,000. He asked when the funds would be received from the National Endowment for the Humanities. Mr. Mullen, City Controller, indicated they would be received when we have the matching funds. Council Member Adams made a motion to continue public hearing on this bill until January 14, 1980, Council meeting, seconded by Council Member Kopczynski. The motion failed. Council Member Miller made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. BILL NO. 196 -79 A BILL AMENDING VARIOUS SECTIONSOF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND PERTAINING TO ISSUANCE, SUSPENSION, AND REVOCATION OF LICENSES AND PERMITS. This being the time heretofore set for public hearing on this bill, proponents and opponents were given an opportunity to be heard. Mr..James Masters, assistant City Attorney, made the presentation for the bill. He indicated that the purpose of this bill was to establish a uniform procedure for the issuance of licenses and review of compliance of licensees during the course of the license period by requiring that the standards and procedures established in Section 1 -18 of the Municipal Code be applied to all licensing ordinance. Council Member Szymkowiak made a motion to recommend this bill to the Council favorable.. BILL NO. 197 -79 A BILL AMENDING VARIOUS SECTIONS OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND BY DELETING THEREFROM THE TERM "MISDEAMEANOR AND BY DELETING THEREFROM ANY PROVISION FOR IMPRISONMENT AND PUNISHMENT FOR A VIOLATION THEREOF. This being the time heretofore set for public hearing on the above bill, proponents and opponent were given an opportunity to be heard. Mr. James Masters, assistant city attorney, made the presentation for the bill. He indicated this bill was intended to amend various sections of the Code which establish penalties = for the violation of a City ordinance. He said that a city may not declare the violation of an ordinance to be a misdemeanor and that a city may not provide imprisonment as a penalty for the violation of an ordinance. Council Member Dombrowski made a motion to recommend this bill to the Council favorable, seconded by Council Member Adams. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Taylor made a motion to rise and report to the Council, seconded by Council Member Dombrowski. The motion carried. ATTEST:. ATTEST: CITY CLERK CHAIRMAN i. M REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 7:09 p.m. Council President Parent presiding and nine members present. BILLS. SECOND READING ORDINANCE NO. 6708 -79 I 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. 38 -79 OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION RELATING TO THE MISCH MANUFACTURING CO., A PARTNERSHIP PROJECT. 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. 6709 -79 AN ORDINANCE APPROVING THE FORM AND TERMS OF LOAN AGREEMENT, TRUST INDENCURE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF, AND APPROVING RESOLU- TION 39 -79 OF THE SOUTH BEND ECONOMIC DEVELOPMENT RELATING TO THE R &C REALTY, AN INDIANA PARTNERSHIP PROJECT. This bill had second reading. Council Member Adams made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6710 -79 AN ORDINANCE APPROVING THE FORM AND TERMS OF LOAN AGREEMENT, TRUST INDENTURE AND INDUSTRIAL DEVLOPMENT 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 second reading. Council Member Taylor made a motionto pass this bill. seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6711 -79 AN ORDINANCE AUTHORIZING THE ISSUANCE OF $600,000 ECONOMIC DEVELOPMENT 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 ACQUISITION AND IN- STALLATION OF CERTAIN INDUSTRIAL MANUFACTURING EQUIPMENT FOR USE BY JACKEL, INC., IN ST. JOSEPH COUNTY, INDIANA; AUTHORIZING EXECUTION OF THE LOAN AGREEMENT AND AUTHORIZING THE TERMS AND SALE OF SAID BONDS. 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. 6712 -79 AN ORDINANCE 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 THROUGH THE DIVISION OF COMMUNITY DEVELOPMENT AND THE DEPARTMENT OF PUBLIC WORKS. 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. 6713 -79 AN ORDINANCE TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN THE BUREAU OF SUBSTANDARD BUILDING BUDGET OF THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. This bill had second reading. Council Member Adams made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6714 -79 AN ORDINANCE 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 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. 6715 -79 AN ORDINANCE TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN THE:BUDGET OF THE ECONOMIC DEVELOP- MENT COMMISSION WITHIN THE. ECONOMIC DEVELOPMENT COMMISSION FUND OF THE CITY OF SOUTH BEND, INDIANA. 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. 6716 -79 AN ORDINANCE TRANSFERRING $48,,659.51 AMONG VARIOUS ACCOUNTS, ALL ACCOUNTS BEING WITHIN GENERAL PARK FUND. This bill had second reading. Council Member Dombrowski made a motion to pass this bill, secon by Council Member Taylor. The bill passed by a roll call vote of nine ayes. REGULAR MEETING DECEMBER 17 1979 REGULAR MEETING RECONVENED (CONTINUED ORDINANCE NO. 6717 -79 AN ORDINANCE 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 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. 6718 -79 AN ORDINANCE 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 second reading. Council Member Dombrowski made a motion to pass this bill, secon by Council Member Taylor. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6719 -79 AN ORDINANCE APPROPRIATING $16,950.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY KNOWN AS GENERAL REVENUE SHARING, FOR EQUIPMENT PURCHASE FOR CENTURY CENTER, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE DEPARTMENT OF ADMINISTRATION AND FINANCE. This bill had second reading. Council Member Adams made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6720 -79 AN ORDINANCE APPROPRIATING $179,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR DEVELOP - MENT OF PERMANENT, INTERPRETIVE EXHIBITS FOR THE DISCOVERY HALL MUSEUM, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF ADMINISTRATION AND FINANCE. This bill had second reading. Council Member Szymkowiak made a motion to pass this bill, seconded by Council Member Serge. The bill passed by a roll call vote of seven ayes and two nays (Council Member Adams amd Horvath.) ORDINANCE NO. 6721 -79 AN ORDINANCE 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 second reading. Council Member Dombrowski made a motion to pass this bill, seconded by Council Member Adams. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6722 -79 AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND BY DELETING THEREFROM THE TERM "MISDEANOR" AND BY DELETING THEREFROM ANY PROVISION FOR IMPRISONMENT AS PUNISHMENT FOR A VIOLATION THEREOF. This bill had second reading. Council Member Dombrowski made a motion to pass this bill, seconded by Council Member Adams. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 741 -79 A RESOLUTION OF THE COMMON COUNCIL DECLARING CERTIN PORTIONS OF SOUTH BEND, INDIANA, LOCATED AT 1007 E. SAMPLE gTREET, TO BE AN URBAN D VELOPMENT AREA FOR PURPOSES OF I.C. 6- 1.1- 12.1 -1 THROUGH I.C. 6 -1.1- 12.1 -6, INCLUSIVE (R &C REALTY.) WHEREAS, upon investigation of the condition of a certain portion of South Bend, Indiana, located at 1007 East Sample Street, the Common Council of South Bend, Indiana, has found: 1. That a certain portion of South Bend, Indiana, located at 1007 East Sample Street, and more specifically herein described, has become blighted to such an extent that such conditions cannot be corrected by regulatory processes, or by the ordinary operations of private enterprise without resort to the special provisions understate law'benefiting urban development areas. 2. That th epublic health and welfare will be benefited by the redevelopment of such portion of South Bend, Indiana, located at 1007 East Sample Street; under the provisions of state law benefiting urban development areas. 3. That the portion of South Bend, Indiana, located at 1007 East Sample Street, with respect to which these finds are made, is the area described as follows: Situate in St. Joseph County, in the State of Indiana: A part of the Southeast Quarter of Section 12, Township.. 37 North, Range 2 East, and beging a part of Lot 1 in Petermans Addition to the City of South Bend, Indiana, as surveyed by M. Stokes and recorded in Plat Book No. 1, page 71, and more particularly described as follows: ?d REGULAR MEETING DECEMBER 17, 1979 REGULAR MEETING RECONVENED (CONTINUED Commencing at the intersection of the South line of Section 12, Township 37 North,. Range 2 East and the Easterly right -of =way of Lincolnway East (as established.prior to.widening and construction of the Cooper Bridge approaches); thence North 33022' West along said former right -of -way line 31.5 feet to the Northerly right -of -way line of Sample Street extended Westerly; thence North 560 38" East along said extended right -of -way line 28.5 feet to the Point of Beginning. Thence North 890 48137" West, 18.00 feet; thence North 33 °22'03" West, 39.55 feet; thence North 22 °03'57" East, 31.95 feet; thence North 23 003134" West, 83.35 feet; thence North 16 003'55" West 45.04 feet; thence North 11 °52138" West, 62.33 feet; thence North 56 037157" East (passing through an iron pipe set at 45.05 feet( 89 feet, more or less, to the waters edge of the St. Joseph River; thence Southeasterly along said waters edge of the St. Joseph River to the Northerly right of way of Sample Street; thence South 56 °37'57" West (passing through an iron pipe set at 130.11 feet from the Point of Beginning) 144 feet, more or less to the Point of Beginning. 4. That the designation of such portion of South Bend, Indiana, located at 1007 East Sample Street, as an urban development area for purposes of I.C. §6 -1.1- 12.1 -1 through I.C. Ss 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 develop - ment of South Bend, Indiana, and the buildings and land situation therein. 5. That maps and plats showing the boundaries of the.area and the location of features affectinj the redevelopment of the area have been prepared. 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 portion of South Bend, Indiana is declared a blighted area con- stituting a menace to the social and economic interest of the City of South Bend, Indiana and itsinhabitants. 2. That it will be of public utility and benefit to encourage redevelopment of such portion of South BEnd, Indiana, through the provisions of I.C. 96 -1.1- 12.1 -1 through I.C. s6 -1.1- 12.1 -6, inclusive. 3. That such area is within the corporate limits of South Bend, Indiana and has become un- desirable for or impossible of normal development and occupancy because of lack of development, cessation of growth, deterioration of improvements or character of occupancy, age, obsolescence, • substandard building on the property, and other factors which have impaired values and prevent • normal development of the property or property use. 4. That such portion of South Bend, Indiana, so described is hereby declared and found to be an urban development area for purposes of I.C. §6 -1.1- 12.1 -1 through I.C. s6 -1.1- 12.1 -6, in- clusive, which portion of South Bend, Indiana, located at 1007 East Sample Street, is located within the following general boundaries: Situate in St. Joseph County, in the State of Indiana: A part of the Southeast Quarter of Section 12, Township 37 North, Range 2 East, and being a part of Lot 1 in Petermans Addition to the City of South Bend, Indiana, as surveyed by M. Stokes and recorded in Plat Book No. 1, page 71, and more particularly described as follows: Commencing at the intersection of the South line of Section 12, Township 37 North, Range 2 East and the Easterly right -of -way of Lincolnway East (as established prior to the widening and construction of the Cooper Bridge approaches); thence North 33022' West along said former right -of -way line 31.5 feet to the Northerly right -of -way line of Sample Street extended Westerly; thence North 56 038' East along said extended right -of -way line 28.5 feet to the Point of Beginning. Thence North 89 048137" West, 18.00 feet; thence North 33 022103" West, 39.55 feet; thence North 22 003127" West 50.99 feet; thence North 57 037157" East, 31.95 feet; thence North 23 003134" West, 83.35 feet; thence North 16 003155" West 4.5.04 feet; thence North 11 052'38" West, 62.33 feet; thence North 56 037157" East, (passing through an-iron pipe set at 47.05.-feet) 89 feet,: more or less, to the waters edge of the St. Joseph River; thence Southeasterly along said waters edge of the St. Joseph River to the Northerly right -of -way of Sample Street; thence South 56037157" West (passing through an iron pipe set at 130.11 feet from the Point of Begin- ning) 144 feet, more or less to the Point of Beginning. /s/ Roger O. Parent Member, South Bend Common Council A public hearing was held on the resolution at this time. Mr-Richard Morgan, attorney re- presenting R &C Realty filed six exhibits with the City Clerk, including photographs which show the site in its present condition. He said they felt this was sufficient evidence to show this was an urban development area. Council Member Szymkowiak made a motion to adopt this bill, seconded by Council Member Miller. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 742 -79 AN INDUCEMENT RESOLUTION OF THE SOUTH BEND COMMON COUNCIL RELATING TO THE ISSUANCE OF ECONOMIC DEVELOPMENT REVENUE BONDS TO THE RAITT CORPORATION IN ORDER TO CONSTRUCT AN AIR FREIGHT TERMINAL AT THE MICHIANA REGIONAL AIRPORT. WHEREAS, The South Bend Economic Development Commission investigaged, studied, surveyed and reported to the Mayor and the Common Council of the City of South Bend, Indiana, that a needed exists in the community for additional job opportunities and commercial diversification within the City of South Bend, Indiana; and to improve and 'promote job opportunities and com- mercial diversification within the City of South Bend, Indiana, a financing agreement should be effected with Raitt Corporation; and WHEREAS, Raitt Corporation desires to construct a building for commercial use on real estate located at the Michigana Regional Airport at South BEnd, Indiana; and REGULAR MEETING DECEMBER 17, 1980 i 11 REGULAR MEETING RECONVENED (CONTINUED WHEREAS, to induce Raitt Corporation to construct such economic development facilities unde an arrangement whereby United Air Lines and Towne Air Freight, Inc., shall be principal users, the South Bend Economic Development Commission on December 7, 1979 approved the application of Raitt Corporation for issuance of up to Five Hundred Fifty Thousand ($550,000.00) Dollars of Industrial Development Bonds repayable with interest thereon at a rate not in excess of eleven (11 %) percent per annum over a period of twenty (20) years and also adopted an Inducement Resolution relating to that bond issue; and WHEREAS, it is apparent that such Raitt Corporation Project will preserve jobs and increase job opportunities and commercial diversification in South Bend, Indiana, resulting in a benefit to the welfare of the public in the City of South Bend, Indiana, and St. Joseph County, Indiana. NOW, THEREFORE, BE IT RESOLVED, that in order to.encourage, induce and solicit the applica- tion by Raitt Corporation for an.amount not exceeding Five Hundred Fifty Thousand ($550,000) Dollars of Industrial Develpment Bonds to be issued by the City of South Bend, Indiana repayable with interest thereon at a rate not in excess of eleven (11 %) percent per annum over a period of twenty(20) years after the issue date for the construction of such economic development facilities, the City of South BEnd shall proceed to cooperate with and take any action as may be necessary in drafting of documents or the performance of such other acts as will facilitate the issuance of such Industrial Development Bonds by the City of South Bend,.Indiana, to provide funds to be used toward the payment of the costs for thelacquisition and construction of such economic development facilities; and BE IT FURTHER RESOLVED, that any costs or expenses incurred in connection with such Raitt Corporation Project shall be included in the project costs and "reimbursed from the proceeds of the Industrial Development Bonds to be issued with respect thereto; and BE IT .FURTHER RESOLVED, that the liability and obligation of the South Bend Economic Develop- ment Commission and the City of South Bend, Indiana, shall be limited solely to the good faith efforts to consummate such proceedings and issue such Bonds., and neither the South Bend Economic Development Commission nor the City of South Bend, Indiana, or its officers or agents, shall incur any liability if for any reason the proposed issuance of such Bonds is not consummated. This Inducement Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Mary Christine Adams Member of the Common Council A public hearing was held on the resolution at this time. Mr. Richard Mintz, attorney represent- ing Raitt, indicated that they planned to build an air freight facility at the Michiana Regional Airport. He said this facility will be rented to United Air Lines and Towne Air Freight. He said they were presently conducting their operations in temporary quarters off the airport property, and in oder for them to operate at maximum effectiveness, it was necessary for them to be located on airport property. He said if immediate action is not taken, construction cannot begin until spring. Council Member Adams made a motion to adopt this resolution, seconded by Council Member Dombrowski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 743 -79 A RESOLUTION APPROVING THE FINDINGS OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION WITH RESPECT TO THE ISSUANCE OF REVENUE BONDS IN AN AMOUNT NOT EXCEEDING FIVE HUNDRED THOUSAND DOLLARS ($500,000) FOR FINANCING THE INCREASED COSTS OF CERTAIN ECONOMIC DEVELOPMENT FACILITIES TO BE UNDERTAKEN BY EXPRESS FREIGHT LINES, INC., AND AUTHORIZING AND COMMITTING THE CITY TO PROCEED WITH SUCH PROJECT, SUBJECT TO FINAL ACTION BY THIS COUNCIL WITH RES- PECT TO THE TERMS AND CONDITIONS OF SUCH FINANCING AND THE OB- TAINING OF ALL APPROVALS AS MAY BE REQUIRED UNDER I.C. 16- 6 -4.5. WHEREAS, the City of South Bend, Indiana ( "City "), is authorized by IC 18 -6 -4.5 ( "Act ") to issue revenue bonds for the purpose of financing the acquisition, installation, and con- struction of economic development facilities; WHEREAS, the City has issued $1,000,000 of its Economic Development Mortgage Revenue Bonds (Express Freight Lines, Inc., Project) to finance a portion of the cost of a truck terminal and related facilities described in Exhibit A hereto to be located in St. Joseph County, Indiana (the "Project "); WHEREAS, Express Freight Lines, Inc., a Wisconsin corporation (the "Company "), now expects to incur increased costs in connection with the acquisition, installation and construction of the Project; WHEREAS, the Company has proposed that the City issue its revenue bonds under the Act to finance the increased costs of the acquisition, installation and construction of the Project under a financing agreement whereby the proceeds of such bonds would be utilized to pay the increased costs of the Project and the Company would.make payments sufficient to pay the principal of, premium, if any, and interest on such bonds; the Company has further advised the City that a determination by the City to accept such a proposal for financing the increased costs of the Project will constitute a substantial inducement to the Company to proceed with the Project; and.the Company has agreed to pay the costs of the City whether or not such revenue bonds are issued and the financing agreement consummated; REGULAR MEETING DECEMBER 17, 1979 REGULAR MEETING RECONVENED (CONTINUED) WHEREAS, the South Bend Economic Development Commission has rendered a Report of the South Bend Economic Development Commission concerning the proposed financing of the increased costs of certain economic development facilities for Express Freight Lines, Inc., and the executive director of the Area Plan Commission of St. Joseph County has been given an op- portunity to comment thereon; WHEREAS, the South Bend Economic Development Commission on December 7, 1979, adopted a resolution giving its approval to such financing of the increased costs of the Project and recommending that the Common Council and the St. Joseph County Council also approve such financing, on the basis that the Project will cause additional employment opportunities in the City ofSouth Bend and St. Joseph County, will comply with the purposes and provisions of the Act and will be of public benefit to the health, prosperity, economic stability and general welfare of the City of South Bend and St. Joseph County and their inhabitants; and WHEREAS, subject to the required approvals under the Act, it appears that the financing of the increased costs of the Project will be of public benefit to the health, prosperity, economic stability and general welfare of the City of South Bend and St. Joseph County and their inhabitants and complies with the purposes and provisions of the Act: NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana: Section 1. The Common Council finds and determines that the construction of a truck terminal and related facilities of the Company in St. Joseph County, Indiana, by the acquisi- tion, installation and construction of the Project is desirable to better the health, pros- perity, economic stability and general welfare of the City of South Bend and St. Joseph County and their inhabitants, and that it is in the public interest that the City take such action as it lawfully may to encourage the Company to construct the truck terminal and realted facilitif Section 2. The Common Council further finds and determines that the issuance and sale of revenue bonds of the City under the Act, and the use of net. proceeds derived therefrom to finance the increased costs of the acquisition, installation and construction of the Project (which increased costs have not yet been paid or incurred) will enable the Project to be con- structed and will be of benefit to the health, prosperity, economic stability and general wel- fare of the City of South Bend and St. Joseph County and their citizens and will comply with the purposes and provisions of the Act. Section 3. In order to induce the Company to proceed with the acquisition, installation and construction of the Project, the Common Council hereby undertakes that: (i) it will authorize the issue one or more series of revenue bonds of the City pursuant to the Act, in an aggregate principal amount not exceeding Five Hundred Thousand Dollars ($500,000), to finance the increased costs of the acquisition, installation and construction of the Project, including reimbursement or repayment to the Company of any moneys expended by the Company for planning, engineering, interest during construction, underwriting and at- torney and bond counsel fees, and will enter into a financing agreement to lend such net proceeds to the Company to enable it to pay the increased costs of the Project and repay the loan in installments sufficient to pay the principal of, premium, if any, and interest on such bonds; (ii) It will adopt such ordinance and resolutions and authorize the execution and delivery of such instruments and the taking of such actions as may be necessary or advisable for the authorization, issuance and sale of such bonds; and (iii) It will take or cause to be taken such other actions as may be required to implement the aforesaid or as it may deem appropriate in pursuance thereof, provided that all of the fore- going shall be authorized by law and mutaully acceptable to the City and the Company. Section 4. It is hereby recognized that the issuance and sale of revenue bonds by the City under the Act for the purposes set forth herein shall be subject to the City's obtaining such approvals as may be required under the Act specifically including the consent of the St. Joseph County Council to the financing of the increased costs of the Project. Section 5. This resolution shall be in full force and effect from and afters its adoption by the Common Council and approval by the Mayor. /s /Mary Christine Adams Member of the Common Council A public hearing was held on the resolution at this time. Mr. Kenneth Fedder, attorney for the Economic Development Commission, indicated this was a supplemental bond issue in the amount of $500,000 for financing the increased costs of construction and installation of equipment. Council Member Szymkowiak made a motion to adopt this resolution, seconded by Council Member Dombrowski. The resolution was adopted by a roll call vote of nine ayes. Council Member Adams asked that public hearing be held on the next two resolutions at this time. RESOLUTION NO. 744 -79 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE EXPENDITURE OF $11,816.00 BY THE DIVISION OF COMMUNITY DEVELOPMENT FOR THE PURCHASE OF AN URBAN STATISTICAL INFORMATION PACKAGE. REGULAR MEETING DECEMBER 17, 1979 REGULAR MEETING RECONVENED (CONTINUNED) WHEREAS, the Division of Community Development is required to receive authorization from the Common Council prior to entering into any contractual arrangement exceeding an expenditure of $7,500.00; and, WHEREAS, the Division of Community Development is charged iwth the preparation of the Community Development Block Grant application, including annual and three year Community Development plans, a housing assistance plan, and related program and project developments, which require certain social, economic,, housing, and related data; and, WHEREAS, the Division of Community Development undertakes general planning, research and analysis, and program development activities, eligible under the Housing and Community Development Act of 1977, which require certain social, economic, housing and related data; and, WHEREAS, the Division of Community Development undertakes additional grantsmanship activities, which support and enhance the City's Community Development Block Grant Program, which require certain social, economic; housing, and related data; and, WHEREAS, the urban statistical information package, entitled "Profiles of .Change" pre- pared by the R.L.`POlk and Company, will provide certain required social, economic, housing and related data. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, as follows:) Section 1. That the Division of Community Development is authorized to enter into a contract with R. L. Polk and Company for the purchase of an urban.statistical information package, entitled "Profiles of Change," at the cost of $11,816.00. Section II. This Resolution shall be in full force and effect from and afters its adoption by the Common Council and approval by the Mayor. /s /Mary Christine Adams Member of the Common Council RESOLUTION NO. 745 -79 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING THE EXPENDITURE OF $12,990.00 BY THE DIVISION OF COMMUNITY DEVELOPMENT FOR THE PURCHASE OF A MAPPING, UPDATE AND EXPANSION, PACKAGE. WHEREAS, the Division of Community Development is required to receive authorization from the Common Council prior to entering into any contractual arrangement exceeding an expenditure of $7,500.00; and, WHEREAS, the Division of Community Development is charged with the preparation of Com- munity Development Block Grant Application, including annual and three year Community Develop- ment plans, a housing assistance plan, and related program and project developments, which re- quire certain mapping, land use, housing, and related data; and, WHEREAS, the Division of Community Development undertakes general planning, research and analysis, and program development activities, eligible under the Housing and Community Develop- ment Act of 1977, which require certain mapping, land use, housing, and related data; and, WHEREAS, the Division of Community Development undertakes additional grantsmanship activit which support and enhance the City's Community Development Block Grant Program, which require certain mapping, land use, housing, and related data; and, WHEREAS, the mapping, update and expansion, package prepared by the Sanborn Map Company, Inc. will provide certain required mapping, land use, housing and related data; and, WHEREAS, Sanborn Map Company, Inc. has previously completed mapping packages for portions of the City, NOW, THEREFORE, BE IT RESOLVED by the Common Council of the CIty of South Bend, as follows: SECTION 1. That the Division of Community Development is authorized to enter into a con- tract with Sanborn Map Company, Inc. for the purchase of a mapping, update and expansion, pack at the cost of $12,900.00. Section 2. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s /Mary Christine Adams Member of the Common Council A public hearing was held on the resolutions at this time. Mrs. Marzy Bauer, Deputy Director of Community Development, indicated they were requesting authorization to purchase Polk Data,.as wE as a mapping, update and expansion package prepared by Sanborn Mapping. She indicated these were very valuable planning tools for her department. Council Member Serge made a motion to adopt Resolution No. 744 -79, seconded by Council Member Szymkowiak. The resolution was adopted by a roll call vote of nine ayes. Council Member Kopczynski made a motion to adopt Resolution No. 745 -79, seconded by Council Member Dombrowski. The resolution was adopted by a roll call vote of nine ayes. =s _1 REGULAR MEETING DECEMBER 17, 1979 REGULAR MEETING RECONVENED (CONTINUED RESOLUTION NO. 746 -79 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING A LEASE BETWEEN THE BOARD OF PUBLIC WORKS AND MICHIGAN - MARION STREET JOINT VENTURE FOR A PARCEL OF LAND LOCATED AT THE SOUTHWEST CORNER OF MICHIGAN STREET AND MARION STREET, FROM JANUARY 1, 1980 THROUGH DECEMBER 31, 1984. WHEREAS, the Common Council of the City of South Bend has passed an ordinance stipulating that the lease of any city -owned real estate to a non- governmental agency entered into by the Board of Public Works shall be submitted to the Common Council for approval, and WHEREAS, the Board of Public Works has entered into a lease with Michgian - Marion Street Joint Venture for use of a parcel of land located at the southwest corner of Michigan Street and Marion Street, from January 1, 1980 . through December 31, 1984, which lease agreement was approved by the Board of Public Works on December 17, 1978, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. That the lease between the Board of Public Works and Michigan- Marion Street Joint Venture for the parcel of land located at the southwest corner of Michigan Street and Marion Street, entered into on December 17, 1979, is hereby approved. SECTION II. This Resolution shall be in full force and effect from and after its adoption by the Common Council 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. Patrick McMahon, Director of Public Works, indicated that this was a five year lease, for $800 per year, and all improve- ments will be made by the leasee. He said at the end of five years this lease may be terminated and the City would receive all improvements. Council Member Szymkowiak made a motion to adopt this resolution, seconded by Council Member Miller. Council Member Adams made a motion to amend the resolution by adding that all improvements upon said property could not exceed $8,000. The motion failed for lack of a second. The motion to adopt passed by a roll call vote of eight ayes and one nay (Council Member Adams.) BILLS, FIRST.READING ORDINANCE NO. 6723 -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. 42 -79 OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION RELATING TO THE GEORGE E. ROSS, ROBERT C. ROSS AND RICHARD C. ROSS 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 Dombrowski. The motion carried by 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 said this was a supplement issue of $40,000 to complete the facilities located at 406 E. Monroe. Council Member Miller made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. BILL NO. 199 -79 A BILL APPROVING THE FORM AND TERMS OF TRUST INDENTURE AND USER AGREEMENT, REAL ESTATE MORTGAGE AND INDUSTRIAL DEVELOP - MENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF AND APPROVING RESOLUTION NO. 40 -79 OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION RELATING TO THE SAM COSSMAN AND VIRGINIA COSSMAN PROJECT. This bill had first reading. Council Member Kopczynski made a motion to set this bill for public hearing and second reading January 14, 1980, seconded by Council Member Adams. The motion carried. BILL NO. 200 -79 A BILL APPROPRIATING $24,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY KNOWN AS GENERAL REVENUE SHARING, TO FUND THE POSITION OF SAFETY BOARD ASSISTANT, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF LAW. This bill had first reading. Council Member Kopczynski made a motion to set this bill for public hearing and second reading January 14, 1980, seconded by Council Member Dombrowski. The motion carried. BILL NO. 201 -79 A BILL APPROPRIATING $24,100.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR DOG ENFORCEMENT PERSONNEL, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS MAYOR`ACTION CENTER. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading January 14, 1980, seconded by Council Member Dombrowski. The motion carried. REGULAR MEETING DECEMBER 17, 1979 REGULAR MEETING RECONVENED (CONTINUED) BILL NO. 202 -79 A BILL APPROPRIATING $104,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY KNOWN AS GENERAL REVENUE SHARING, FOR THE CITY'S SHARE OF THE MODEL CITIES CODE ENFORCEMENT PROGRAM, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF ADMINISTRATION AND FINANCE. This bill had first reading. Council Member Taylor made a_motion to set this bill for public hearing and second reading January 14, 1980, seconded by Council Member Dombrowski. The motion carried. BILL NO. 203 -79 A BILL APPROPRIATING $48,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR POLICE COMPUTER SERVICES, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE POLICE DEPARTMENT. This bill had first reading. Council Member Kopczynski made a motion to set this bill for publ hearing and second reading January 14, 1980, seconded by Council Member Dombrowski. The motion carried. BILL NO. 204 -79 A BILL APPROPRIATING $256,000.00 FROM THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING GRANT, FOR MOTOR EQUIPMENT TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE DEPARTMENT OF ADMINISTRATION AND FINANCE. This bill had first reading. Council Member Kopczynski made a motion to set this bill for publ hearing and second reading January 14, 1980, seconded by Council Member Dombrowski. The motion carried. BILL NO. 205 -79 A BILL APPROPRIATING $100,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING FOR VARIOUS PUBLIC SAFETY PROGRAMS TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE DEPARTMENT OF ADMINISTRATION AND FINANCE. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading January 14, 1980, seconded by Councl Member Dombrowski. The motion carried. BILL NO. 206 -79 A BILL APPROPRIATION $290,000.00 FROM THE FEDERAL COMMONLY KNOWN AS GENERAL REVENUE SHARING FOR THE CENTURY CENTER, TO BE ADMINISTERED BY THE CITY OF THE CENTURY CENTER BOARD OF MANAGERS. This bill had first reading. Council Member Serge made a motion to hearing and second reading January 14, 1980, seconded by Council Mei carried. ASSISTANCE GRANT, OPERATION OF SOUTH BEND THROUGH set this bill "for public nber Dombrowski. The motion BILL NO. 207 -79 A BILL APPROPRIATING $108,852.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR THE RIVER BEND PLAZA, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE DEPARTMENT OF ADMINISTRATION AND FINANCE. This bill had first reading. Council Member Kopczynski made a motion to set this bill for public hearing and second reading January 14,.1980, seconded by Council Member Dombrowski. The motion carried. BILL NO. 208 -79 A BILL APPROPRIATING $110,000.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR DISCOVERY HALL MUSEUM, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE DEPARTMENT OF ADMINISTRATION AND FINANCE. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading January 14, 1980, seconded by Council Member Dombrowski. The motion carried. BILL NO. 209 -79 A BILL APPROPRIATING $31,238.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR CODE ENFORCE- MENT, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE DEPARTMENT OF ADMINISTRATION AND FINANCE. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading January 14, 1980, seconded by Council Member Dombrowski. The motion carried. BILL NO. 210 -79 A BILL APPROPRIATING THE SUM OF $130,000.00 FROM THE FEDERAL ASSISTANCE GRANT, MORE COMMONLY REFERRED TO AS GENERAL REVENUE SHARING TO PROVIDE MATCHING FUNDS DONATED TO THE POTAWATOMI ZOO, BY THE MUSSEL - CLARKE TRUSTS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE DEPARTMENT OF ADMINISTRATION AND FINANCE. This bill had first reading. Council Member Kopczynski made a motion to set this bill for public hearing and second reading January 14, 1980, seconded by Council Member Dombrowski. The motion carried. - " P,) REGULAR MEETING DECEMBER 17, 1979 REGULAR MEETING RECONVENED (CONTINUED) BILL NO. 211 -79 A BILL APPROPRIATING $75,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR THE DESIGN OF THE EAST RACE PROJECT, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC PARKS. This bill had first reading. Council Member Miller made a motion to set this bill for public hearing and second reading January 14, 1980, seconded by Council Member Dombrowski. The motion carried. BILL NO. 212 -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) (WASHINGTON ST., BETWEEN SUMMIT AND LOMBARDY.) This bill had first reading Council Member Adams made a motion to refer this bill and petition to Area Plan, seconded by Council Member Dombrowski. The motion carried. PRIVILEGE OF THE FLOOR Glenda Rae Hernandez, President of the Southeast PAC, indicated that the Council should declare a moratorium on tax abatement until guidelines are established. NEW BUSINESS Mr. Michael Vance, Deputy City Controller, indicated he would like the Council to suspend rules to deal with two matters; first reading on a bill, and passage of a resolution. Council Member Miller made a motion to suspend the rules and have first reading on the bill, and have public hearing on the resolution, seconded by Council Member Taylor. The motion carried by a roll call vote of nine ayes. BILL NO. 213 -79 A BILL APPROPRIATING $45,000.00 FROM THE ZOO ENDOWMENT FUND FOR THE CONSTRUCTION OF THE EDUCATIONAL SERVICES WILDLIFE BUILDING AT POTAWATOMI PARK ZOO TO BE ADMINISTERED BY THE DEPARTMENT OF PUBLIC PARKS. This bill had first reading. Council Member Kopczynski made a motion to set this bill for public hearing and second reading January 14, 1980, seconded by Council Member Taylor. The motion carried. RESOLUTION NO. A RESOLUTION BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, 747 -79 INDIANA, SETTING THE LEVY FOR THE CUMULATIVE SEWER BUILDING AND SINKING FUND FOR THE YEAR 1980. WHEREAS, the Common Council sets the levies and rates of all tax supported funds by law, and WHEREAS, the tax rate and levy will fluctuate as determined by the final assessed value, and WHEREAS, the intent of the Council was to raise a specific levy as opposed to setting a rate. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend that: SECTION I. For the Budget Year 1980, the Cumulative Sewer levy will be $685,755.00 and the rate will be a factor of the final assessed value for the City of South Bend. SECTION II. This resolution shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. /s /Roger G. Taylor Member of the Common Council A public hearing was held on the resolution at this time. Mr. Michael Vance, Deputy Controller, indicated that when the budget was set in August of this year we were working under a frozen tax levy for all funds._ He indicated that the Cumulative Sewer Fund is controlled by the rate as opposed to the levy and under our reassessment the rate that was established at budget time will control how much money there is in the levy. He indicated this resolution will express the intent of the Council was to raise a specific levy as opposed to setting a rate. Council Member Kopczynski made a motion to adop:tthis resolution, seconded by Council Member Adams. The resolution was adopted by a roll call vote of nine ayes. Council President Parent indicated that the following bills and resolutions should be stricken from the record: Bill No. 11 -79 - Merit System of Promotions for Police Depart Bill No. 14 -79 - Annual review process for rate structure at the Wastewater Treatment Plant Bill No. 26 -79 - Rezone 35th and Jefferson Bill No. 28 -79 - Historic Landmark - 530 Carroll Bill No. 49 -79 - Rezone NW & SW Corners of St. Joseph and Callender 17. 1979 REGULAR MEETING RECONVENED (CONTINUED) Bill No. 73 -79 - Rezone West of Jackson Middle School Bill No. 77 -79 - Rezone 942 N. Eddy St. A resolution for sale of Plaza Park A Resolution to sell a residual portion of property acquired for the Michigan /Main Connector. Council Member Kopczynski made a motion to strike these bills and resolutions from the record, seconded by Council Member Dombrowski. The motion carried. There being no further business to come before the Council, unfinished or new, Council Member Dombrowski made a motion to adjourn, seconded by Council Member Taylor. The motion carried and the meeting was adjourned at 8:00 p.m. ATTEST: APPROVED: f CITY CLERK PRE EN 0