Loading...
HomeMy WebLinkAbout04-14-80 Council Meeting Minutes- - .. . . . , . 4 ..r f REGULAR MEETING APRIL 14, 1980 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, April 14, 1980, at 7:OO p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL PRESENT: Council Members Serge, Szymkowiak, Beck, McGann, Taylor, Kocpzynski, Crone, Dombrowski, and Voorde. ABSENT: None REPORT FROM THE SUB - COMMITTEE ON MINUTES To the Common Council of the City of South Bend: Your sub - committee on the inspection and supervision of the minutes would respectfully report that it has inspected the minutes of the March 24, 1980, meeting of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. /s/ Lewis A. McGann /s/ Beverly D. Crone Council Member Serge made a motion that the minutes of the March 24, 1980, meeting of the Council be accepted and placed on file, seconded by Council Member Dombrowski. The motion carried. SPECIAL BUSINESS Council President McGann indicated they had received a resignation from Ann Seckinger on the Energy Commission. Council Member Taylor made a motion to appoint Pat Keating, seconded by Council Member Voorde. The motion carried. SIX&I Council Member Serge indicated that the Public Works Committee had met on Bill No. 30 -80, re- garding restricted parking of recreational vehicles. Council Member Dombrowski made a motion to resolve into the Committee of the Whole, seconded by Council Member Taylor. The motion carried. COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on Monday, April 14, 1980, at 7:06 p.m., with nine members present. Chairman Szymkowiak presiding. BILL NO. 3 -80 A BILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (NORTHEAST CORNER LINDEN AND CLEMENS STREET.) This being the time heretofore set for public hearing on the above bill, proponents and opponent were given an opportunity to be heard. Mr. T. Brooks Brademas, the petitioner, made the pre- sentation for the bill. He indicated that Harber Homes was a community tragedy. He said it is going to cost between $350 to $400,000 to rehabilitate these units. He indicated that home steading was not feasible. He said one hundred units of housing for families was going to be allow the City of South Bend. He said that new construction must be multi - family units. He inidcated that Community Development did a site analysis for family dwellings and this site was acceptable. He indicated that the Council had accepted the Housing Assistance Plan, and asked that they follow the mandate of this plan. He asked that the Council make a decision to either pass this or defeat it, but not table the bill. Mr. Charles Howell, 1118 Dewey, spoke in favor of this rezoning. Mr. Peter J. Nemeth, attorney representing the Fat,.- Westside Con- cerned Citizens, indicated they were opposed to this rezoning. He said the residents in the area have a legitimate complaint. He said that nothing has happened -in the last three years regarding the rehabilitation of Harber Homes. He suggested that it be given to the City for disposition under the homesteading program. Mr. John Gleva, 5039 Packard, spoke against this bill. Mr. William Gleva, 5313 Packard, spoke against this rezoning. Frank Beard, 2005 Elwood, Sr. Vice Commander of the V.F.W. 9820, indicated that this post opposed this rezoning. Mrs. Jane Swan, 2022 Swygart, indicated that seventy -five percent of the low income housing was on the west side of Michigan Street. She indicated that the west side did not need anymore of this type of dwelling. Mr. Brademas indicated that the low income families were minorities and most neighborhoods did not want this type of housing. Council Member Dombrowski described the area, indicated that this area was not suitable for multi - family dwellings, due to the railroad tracks, county dump and very busy streets. Council Member Kopczynski indicated this was the third time this rezoning has been brought before the Council. He indicated that Harber Homes should be inspected and if they are substandard they should be treated like any individual home in the CIty. Council Member Kopczynski made a motion to recommend this bill to the Council unfavorable, seconded by Council Member Dombrowski. Council President McGann indicated that until he knew what was going to happen to the entire area, he could not support this rezoning. Council Member Crone indicated that the problem with Harber Homes must be resolved before puttin; in still more units. Council Member Beck indicated that Harber Homes are not for sale so the issue issue of urban homesteading is moot. The motion carried. BILL NO. 17 -80 A BILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (NORTHWEST CORNER OF STATE ROAD 23 AND JACOB STREET.) Council Member Crone made a motion to amend the location of this rezoning to the south side of State Road 23, immediately east of Jacob, seconded by Council Member Kopczynski. The motion carried. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. John T. Leader, a petitioner, made the presentation for the bill. He indicated they planned to build an office building, which would be one story with a basement, on this site. He indicated the ite was approximately one acre and would have fifty -five parking spaces. Karry Kiphart, 1210 Garland, spoke against this rezoning. Council Member Serge made a motion to recommend this bill to the Council favorable, seconded by Council Member Beck. The motion carried. BILL NO. 19 -80 A BILL AMENDING CHAPTER 2 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, BY THEINCLUSION OF NEW ARITCLE 6 ENTITLED TAX ABATEMENT. This being the time heretofore set for public hearing on the above bill, proponents and opponent were given an opportunity to be heard. Council Member Voorde, made the presentation for the bill. He indicated that a petition for tax abatement shall be filed with the City Clerk. He indicated that the filed petition would be referred to the Redevelopment Commission for pur- poses of investigation and determing whether the area qualifies, and within thirty days the Redevelopment Commission shall submit the report of its investigation to the Human Resources and Economic Development Committee for review and recommendation to the Common Council. He said the Council may adopt a declaratory resolution, and upon adoption said resolution together with the supporting data, shall be submitted to Area Plan. He indicated that within thirty days the Area Plan Commission shall send its written order approving or disapproving the declaratory resolution. He indicated there were six guidelines the Council will use to deter- mine if tax abatement will be given. He asked that the bill be amended in Section 2 -77 (b) in the second line, change may to shall. Council Member McGann made a motion to amend the bill, seconded by Council Member Serge. The motion carried. Mrs. Jane Swan, 2022 Swygart, asked if tax abatement pertained to just City taxes. Richard Hill, City Attorney, indicated that tax abatement would only be on the improvements, not the land, and both County and City taxes would be abated. Kathy Cekanski - Farrand, Council Attorney, indicated that another amendment should be made to substitute the amended version of the bill for the original bill. Council Member Dombrowski made a motion to accept the amended version of Bill No. 19 -80, seconded by Council Member Crone. The motion carried. Mrs. Farrand indicated this was a workable bill and legally enforceable. Richard Hill spoke in favor of this bill. Mr. Marc Brammer, citizen member of the Human Resources Committee, indicated that time was of the essence in handling tax abatement. He said that periods longer than two months could kill the efforts of a de- veloper. Mrs. Farrand indicated that sample forms for the petition and resolutions would be available in the City Clerk's office, in order to expedite the procedure. Council Member Dombrowski made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Kopczynski. The motion carried. REGULAR MEETING APRIL 14. 1980 COMMITTEE OF THE WHOLE (CONTINUED) BILL NO.. 26 -80 A BILL FOR APPROPRIATING INTEREST EARNED FROM THE PURCHASE OF CERTIFICATES OF DEPOSIT OUT OF THE PROCEEDS OF THE 1977 PARK DISTRICT BONDS T.O THE PARK DISTRICT BOND CONSTRUCTION FUND 50 IN THE AMOUNT OF $2,636.25. 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 Seitz, Superintendent of Parks, made the presentation for the bill. He indicated this appropriation will be used to pay escrow payments to contractors for change orders at the zoo and materials to construct a physical fitness course at Paul F. Boehm Park. Council Member Kopczynski made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 27 -80 A BILL APPROPRIATING THE SUM OF $66,775.15 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND TO THE GENERAL IMPROVEMENT FUND. This being the time heretofore set for public hearing on the above bill, proponents and opponent were given an opportunity to be heard. Mr. Joseph Kernan, City Controller, made the presenta- tion for the bill. He indicated this was the City's share of the Phillipa Sanitary Sewer Projec Council Member Dombrowski made a motion to recommend this bill to the Council favorable, seconde by Council Member Beck. The motion carried. BILL NO. 28 -80 A BILL APPROPRIATING $6,500.00 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND FOR TECHNICAL ASSISTANCE FOR COMMUNITY DEVELOP- MENT FISCAL DECISION- MAKING TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DIVISION OF COMMUNITY DEVELOPMENT. This being the time heretofore set for public hearing on the above bill, proponents and opponent were given an opportunity to be heard. Marzy Bauer, Director of Community Development, made the presentation for the bill. She said this money would be used to contract with the Michiana Urban Observatory to provide technical assistance, particularly in the area of management of Federal funds. She said this project is expected to .last for three months. Mr. Floyd Carter, Chairman of the Citizens Action Committee, spoke in support of this bill. Council Member Serge made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 29 -80 A BILL AMENDING CHAPTER 9 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, BY THE INCLUSION OF NEW ARTICLE 2 ENTITLED SMOKE DETECTORS. This being the time heretofore set for public hearing on the above bill, proponents and opponent were given an opportunity to be heard. Kathy Cekanski - Farrand, Council Attorney, made the pre- sentation for the bill. She indicated that Elkhart had recently passed a smoke detector ordi- nance. She indicated this bill differs from the Elkhart - ordinance in the following ways: South Bend would allow six (6) months to comply, Elkhart allows one (1) year; South Bend would require a detector every 50 feet in the corridor of existing hotels, motels, and multiple family dwell- ings, whereas Elkhart requires a detector within 15 feet of all rooms used for sleeping in multiple dwellings; South Bend would require an audible alarm of 85 decibels, Elkhart has no requirement; South Bend ties the annual licensing inspection of hotels, motels, rooming houses, and lodginghouses and the smoke detector inspection together. She indicated that the bill should be amended in Section 9 -12(d) by removing the last sentence which reads "Such buildings which contain an approved automatic sprinkler system throughout may be exempted." Council Membe Taylor made a mtoion to amend the bill, seconded by Council Member Dombrowski. The motion car- ried. Mr. Virgil Magerfleisch, a local architect, spoke in support of this bill, and the amend- ment to require alarms even though there are sprinklers. Assistant Fire Chief George Gyori spoke in favor of the bill. Council Member Taylor made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Serge. The motion carried. BILL NO. 30 -80 A BILL AMENDING CHAPTER 20 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, BY THE INCLUSION OF NEW ARTICLE 10 ENTITLED RESTRICTED PARKING OF RECREATIONAL VEHICLES AND TRUCKS HAVING MORE THAN 10,000 GROSS VEHICLE WEIGHT. This being the time heretofore set for public hearing on the above bill, proponents and opponent were given an opportunity to be heard. Council President McGann and Council Member Dombrowski made the presentation for the bill. Council President McGann indicated this bill addressed the problem of oversized vehicles parking on residential streets in the City. Council Member Dombrowski said the biggest problem with the trucks are the pickup trucks in the one -half to three - quarter ton that are used to pickup trash and garbage and are left loaded on the street overnight. He said as far as the recreational vehicles, they pose a safety hazard. Council President McGann indicated that the amended bill would.establish hight and width requirements, allow for an exemption for handicapped individuals, temporary permits for out of county vistors can be obtained from the controller or the police department, pickup trucks used for commercial purposes would be probhitied. He indicated he would like to amend Section 20 -115 (e) to insert at the beginning "All vehicles used on a commercial basis ". Council Member Taylor made a motion to accept the amendment stated by Mr. McGann, seconded by Council Member Beck. The motion carried. John Gleva 5039`W. Packard spoke against this bill. Wilbur Turner, 505 E. Dayton, asked if the City was going to keep the alleys clean so recreational vehicles could be parked in the back of his lot. Mrs. John Dylewski, 1417 E. Monroe, indicated she had received a letter from the City concerning parking her recreational vehicle in her driveway. She asked for a clarification of whether or not this was permissible. Richard Hill, City Attorney, indicated that parking of a tractor - trailer was prohibited in A or A -L residential, but not recreational vehicles. Council Attorney Cekanski - Farrand indicated she was in violation of the zoning ordinance. Mr. Richard Kesler, 1403 Oakdale, indicated that he stored his recreational vehicle in Mishawaka, however, he sometimes parked it in front of his house over- night in order to load it for an early start in the morning and this bill prohibits him from doing this. Mr. Herb Beckman, 1522 E. Ewing, indicated he thought this should be continued, in order that people with recreational vehicles could study the implications. Council Member Beck indicated she thought this was a good bill that has gone too far. Council. Member Crone asked as a point of information, going back to the lady who received the letter from the Legal, if the zoning code prohibited her from parking a motor home in her driveway. Richard Hill, City Attorney, indicated.that it did not. Council Member Kopczynski made a motion to continue REGULAR MEETING APRIL 14, 1980 COMMITTEE OF THE WHOLE (CONTINUED this public hearing until the next meeting, seconded by Council Member Taylor. The motion carried on a roll call vote of six ayes and three nays (Council Members McGann, Crone and Dombrowski.) Council Member Kopczynski made a motion to refer this bill to the Residential Neighborhoods Committee and the Public Works Committee, seconded by Council Member Voorde. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Voorde made a motion to rise and report to the Council and recess, seconded by Council Member Taylor. The motion carried and the meeting was recessed at 9:30 p.m. ATTEST: City Clerk REGULAR MEETING RECONVENED ATTEST: �U s 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 9:40 p.m. Council President McGann presiding and nine members present. BILLS. SECOND READING BILL NO. 3 -80 A BILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (NORTHEAST CORNER OF LINDEN AND CLEMENS STREET.) Council Member Kopczynski made a motion to defeat this bill, seconded by Council Member Dombrow- ski. The bill was defeated by a roll call vote of nine ayes. ORDINANCE NO. 6762 -80 AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (SOUTH SIDE OF STATE ROAD 23, IMMEDIATELY EAST OF JACOB.) This bill had second reading. Council Member Taylor made a motion to amend this bill, as amended, in the Committee of the Whole, seconded by Council Member Dombrowski. The motion car- ried. Council Member Serge made a motion to pass this bill, as amended, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6763 -80 AN ORDINANCE AMENDING CHAPTER 2 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, BY THE INCLUSION OF NEW ARTICLE 6 ENTITLED TAX ABATEMENT. This bill had second reading. Council Member Taylor made a motion to amend this bill, as amender in the Committee of the Whole, seconded by Council Member Dombrowski. The motion carried. Council Member Serge made a motion to pass this bill, as amended, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6764 -80 AN ORDINANCE APPROPRIATING INTEREST EARNED FROM THE PURCHASE OF CERTIFICATES OF DEPOSIT OUT OF THE PROCEEDS OF THE 1977 PARK DISTRICT BONDS TO THE PARK DISTRICT BOND CONSTRUCTION FUND 50 IN THE AMOUNT OF $2,636.25. 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.6765 -80 AN ORDINANCE APPROPRIATING THE SUM OF $66,775.15 FROM THE CUMULATIVE SEWER SEWER BUILDING AND SINKING FUND TO THE GENERAL IMPROVEMENT FUND. 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. 6766 -80 AN ORDINANCE APPROPRIATING $6,500.00 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND FOR TECHNICAL ASSISTANCE FOR COMMUNITY DEVELOPMENT FISCAL DECISION- MAKING TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DIVISION OF COMMUNITY DEVELOPMENT. 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. 6767 -80 AN ORDINANCE AMENDING CHAPTER 9 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, BY THE INCLUSION OF NEW ARTICLE 2 ENTITLED SMOKE DETECTORS. This bill had second reading. Council Member Taylor made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Dombrowski. The motion carried. Council Member Serge made a motion to pass the bill, as amended, seconded by Council Member Szykowiak. The bill passed by a roll call vote of nine ayes. REGULAR MEETING APRIL 14, 1980 REGULAR MEETING RECONVENED (CONTINUED) BILL NO. 30 -80 A BILL AMENDING CHAPTER 20 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, BY THE INCLUSION OF NEW ARTICLE 10 ENTITLED RESTRICTED PARKING OF RECREATIONAL VEHICLES AND TRUCKS HAVING MORE THAN 10,000 POUNDS GROSS VEHICLE WEIGHT OR THAT ARE GREATER THAN EIGHT (8') FEET IN HEIGHT OR GREATER THAN SEVEN (7') FEET IN WIDTH. Council Member Taylor made a motion to continue public hearing and second reading on this bill until April 28, 1980, seconded by Council Member Dombrowski. The motion carried. RESOLUTIONS RESOLUTION NO. 770 -80 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PROCLAIMING APRIL 14 -20 "SOUTH BEND ENERGY AWARENESS DAYS." WHEREAS, energy efficiency is recognized as a key to easing the energy problem in South Bend and nationwide; and WHEREAS, the education of the public and the implementation of the conservation ethic into our lifestyle is vital to the growth and future welfare of the citizens of South Bend; and WHEREAS, increasing the level of public consciousness toward reserving energy resources for the future will create better understanding and cooperation as we meet the energy situation; and WHEREAS, the recognition of the economic impact of energy in South Bend and the values of energy conservation measured by the dollars that can be saved by every citizen will reaffirm the support behind energy efficiency; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana as follows: SECTION I. The Common Council of the City of South Bend, Indiana, hereby fully supports "South Bend Energy Awareness Days: organized for the week of April 14 -20 by the South Bend Energy Conservation Commission. 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 /Lewis A. McGann Member of the Common Council A public hearing was held on the resolution at this time. Council Member Taylor read the resolution. Council Member Serge made a motion to adopt the resolution, seconded by Council Member Dombrowski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 771 -80 A RESOLUTION OF THE SOUTH BEND COMMON COUNCIL RELATING TO THE ISSUANCE OF ECONOMIC DEVELOPMENT REVENUE BONDS TO THOMAS AND JANE KINNUCAN, IN ORDER TO EXPAND THEIR PRESENT FACILITIES FOR THE MANUFACTURE AND WAREHOUSING.OF AIR TANKS USED IN FREIGHT TRAILER BRAKE SYSTEMS. WHEREAS, -the South Bbnd Economic Development _Commission investigated,_studi.ed, surveyed and reported to the Mayor and the Common Council of the City of - South Bend, :;Indiana,_. that_ a need exists in the community for additional job.opportunities and commercial diversification within the City-,of South Bend, Indiana; and to improve and promote job opportunities and commercial diversification within the City of South Bend, Indiana, a financing agreement should be effected with Thomas and Jane Kinnucan; and WHEREAS, Thomas and Jane Kinnucan desire to construct an additional building and purchase additional equipment for commercial use on land located at 2502 Lawton Street, South Bend, Indiana and WHEREAS, to induce Thomas and Jane Kinnucan to construct such economic development facilit- the South Bend Economic Development Commission on April 8, 1980 approved the application of Thomas and Jane Kinnucan for the issuance of up to Three hundred thousand Dollars ($300,000) of Economic Development Revenue Bonds payable with interest thereon at the market rate as of the date of final approval of the bonds and also adopted an Inducement Resolution relating to that bond issue; and WHEREAS, it is apparent that Thomas and Jane Kinnucan 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 Thomas and Jane Kinnucan for an amount not exceeding Three hundred thousand Dollars ($300,000) of Ecnomic Development Revenue bonds to be issued by the City of South. Bend, Indiana; repayable with interest thereon at the market rate as of the date of final approval of the bond: over a period of ten (10) 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 acts as will facilitate the issuance of such Economic Development Revenue Bonds-by the City of South Bend, Indiana, to provide funds to be used toward the payment of the costs for the acquisition and construction of such economic development facilities; and a REGULAR MEETING AP IIL1_4, 1980 REGULAR MEETING RECONVENED (CONTINUED BE IT FURTHER RESOLVED, that any costs or expenses incurred in connection with the Thomas and Jane Kinnucan Project shall be included in the project costs and reimbursed from the proceeds of the Economic Development Revneue Bonds to be issued with respect thereto; and BE IT FURTHER RESOLVED, that the liability and obligation of 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 /Lewis A. McGann Member of the Common Council A public hearing was held on the resoltuion at this the Economic Development Commission, indicated this bond issue. He indicated this was for expansion of new jobs will be created by this expansion. Counci this resolution, seconded by Council Member Taylor. vote of nine ayes. RESOLUTION NO. 772 -80 time. Mr. Kenneth Fedder, attorney for inducement resolution was for a $300,000 their facilities. He said eight to ten 1 Member Szymkowiak made a motion to adopt The resolution was adopted by a roll call A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RECOMMENDING THAT THE BOARD OF SCHOOL TRUSTEES OF THE SOUTH BEND COMMUNITY SCHOOL CORPORATION GIVE GREATER NOTIFICATION TO THE PUBLIC OFFICIALS WHEN SEEKING OPTIONS TO PURCHASE SHCOOL CORPORATION PROPERTY. WHEREAS, the Common Council of the City of South Bend, Indiana, recognizes that the Board of School Trustees of the South Bend Community School Corporation is charged with the res- ponsibility of determining the most fiscally sound-use of its properties, and WHEREAS, the Council realizes that the Board is faced with problems of declining enroll- ment and shrinking budgets; and WHEREAS, the Council believes that the decision to sell any unnecessary or surplus shcool corporation property is a decision which affects not only the immediate and surrounding neigh- borhood, but the community at large; and WHEREAS, the recent Board meetings held on the possible sale of the Central Career Center and a multi -acre vacant lot across from Nuner School demonstrate the need for more notification to the public and public officials, and for more input from these groups. NOW, THEREFORE BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the Common Council of the City of South Bend, Indiana, recommends that the Board of School Trustees of the South Bend Community School Corporation give reasonably written notice to the public and elected public officials in the City of meetings called for the purpose of selling unnecessary or surplus school corporation property. SECTION II. That since the sale of school corporation property affects not only the immediate neighborhood but also the City at large, that the best interests of the City would be best served by greater notification and more public input. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s /Beverlie J. Beck Member of the Common Council A public hearing was held on the resolut.ion at this time. Council Member Beck indicated this resolution was offered not to challenge the School Corporation right to dispose of property, but to encourage them to give notice to the public and encourage public input on what use will be made of the land. Mr. Miles Hoffman, 712 Forrest, spoke in favor of this resolution. Council Member Dombrowski made a motion to adopt this resolution, seconded by Council Member Szymkowiak. The resolution was adopted by a roll call vote of eight ayes and one nay (Council Member Taylor.) RESOLUTION NO. 773 -80 AN INDUCEMENT RESOLUTION OF SOUTH BEND COMMON COUNCIL RELATING TO MASTERBILT, INCORPORATED MACHINERY ACQUISITION PROJECT. WHEREAS, the South Bend Common Council heretofore investigated, studied, surveyed and reported to the Mayor of the City of South Bend, Indiana, that a need exists in the community for additional job opportunities and commercial, light industrial and industrial diversification within the City of South Bend, Indiana; and in accordance with such investigation and to provide improvement of job opportunities and diversification within the City of South Bend, Indiana, a financing agreement should be effected with Masterbilt, Incorporated relating to a project to be known as "A Machinery Acquisition Project "; and WHEREAS, Masterbilt, Incorporated is established in the light industrial trade or business of contract machining and is the owner of a machine shop for such purpose at 325 South Walnut Street, South Bend, Indiana, on which site it has recently erected additional facilities and buildings to expand its operation consisting of approximately a total of ten thousand (10,000) square feet, and funds are required for the acquisition of a "Cyclone CNC Turning Center," which is a sophisticated piece of machinery to be acquired from the manufacturer of such marchinery, South Bend Lathe Works, of South Bend, Indiana. REGULAR MEETING APRIL 14, 1980 REGULAR MEETING RECONVENED (CONTINUED) It is anticipated that the acquisition and installation of this machinery could create an additional two or three jobs in the company with an estimated payroll increase of approximately Thirty Thousand Dollars ($30,000.00) per year. It is contemplated that the South Bend Common Council will agree to a financing agreement acceptable to Masterbilt, Incorporated pursuant to which such acquisition and installation of the machinery would be acquired with Ecnomic Development facilities by virture of Economic Development Bonds to be issued by the City of South Bend, Indiana in an amount of Ninety Thousand Dollars ($90,000.00). WHEREAS, to induce Masterbilt, Incorporated to become the principal user of such economic development facilities, the South Bend Common Council desired to adopt this resolution; and WHEREAS, it is contemplated from the application relating to such Masterbilt, Incorporated Project submitted to the South Bend Economic Development Commission dated March 28, 1980, and from other investigation and information received by theSouth Bend Common Council that such Economic Development Facilities will increase job opportunities and diversification in St. Joseph County, Indiana, resulting in a benefit to the welfare of the City of South Bend, Indiana and St. Joseph County, Indiana. NOW, THEREFORE, BE IT RESOLVED, that the South Bend Common Council approve the application of Masterbilt, Incorporated relating to the acquisition and installation of additional machinery and equipment at its place of operation in South Bend,. Indiana, wherein Industrial Revenue Bonds would -be issued by the City of South Bend, Indiana, concerning such Masterbilt, Incorporated Pro ject for an amount not exceeding Ninety Thousand Dollars ($90,000.00). IT IS FURTHER RESOLVED, that to induce the continuation of the operation of such economic development facilities in the City of South Bend, Indiana, the South Bend Common Council shall proceed to cooperate with and take such action as may be necessary in the drafting of documents or performance of such other acts as will facilitate the issuance of Industrial Development Bond by the City of South Bend, Indiana to provide funds for the acquisition and installation of machinery for the additional improvement of such economic development facilities. BE IT FURTHER RESOLVED, that any costs or expenses incurred in connection with the said Masterbilt, Incorporated Project will be included in the development 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 City of South Bend, Indian shall be limited solely to the good faith efforts to consummate such proceedings and issue such bonds, and the City of South Bend, Indiana, or its officers or agents, shall not incur any liability whatsoever if for any reason the proposed issuance of such bonds is not consummated. This Resolution shall be in full 'force and effect from and after its adoption by the Com- mon Council and approval by the-Mayor. /s /Walter M. Szymkowiak Member of the Common Council A public hearing was held on the resolution at this time. Mr. Kenneth Fedder, attorney for the Economic Development Commission, indicated this bond issue would be used to purchase a piece of machinery. He said they had varified that it would create additional work and we have done similar issues like this for the purchase of solely machinery. Council Member Dombrowski made a motion to adopt this resolution, seconded by Council Member Szymkowiak. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 774 -80 A RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A MEMORANDUM OF INTENT BETWEEN THE CITY OF SOUTH BEND, INDIANA, AND THE UNIVERSITY OF NOTRE DAME CREDIT UNION, A COOPERATIVE NON - PROFIT ASSOCIATION INCORPORATED UNDER INDIANA CODE 28 -7 -1, AS AMENDED, PROVIDING FOR THE ISSUANCE OF SAID CITY OF ITS ECONOMIC DEVELOPMENT REVENUE BONDS PURSUANT TO THE PROVISIONS OF INDIANA CODE, TITLE 18, ARTICLE 6, CHAPTER 4.5 AS AMENDED. The area still has insufficient employment opportunities and insufficient diversification of industries, which conditions are harmful to the economic stability and general welfare of the area and, if not remedied, will be detrimental to the development of such area. The City of South Bend, Indiana (the "City ") is authorized under the provisions of Indiana Code, Title 18, ARticle 6, Chapter 4.5, as amended (the "Act "), to acquire, construct and financ economic development projects for the users thereof and to provide for the issuance of revenue bonds in conjunction therewith. The City, in order to implement the public purposes enumerated in the Act and in furtheran thereof to induce the University of Notre Dame Credit Union, a cooperative, non - profit associa- tion incorporated under Indiana Code 28 -7 -1, as amended (the "Borrower ") to construct and equip an office building (hereinafter collectively called the "Project ") within the limits of St. Joseph County, Indiana, has indicated its intent to issue its revenue bonds under and pursuant to the provisions of the Act and to apply the proceeds therefrom to the payment of the costs of the Project. The Borrower, after considering a number of possible locations within and outside of the State of Indiana, and in reliance upon the intent of the City of finance the Project thorugh the issuance of revenue bonds under the provisions of the Act, has determined to construct the Project within the limits of St. Joseph County, Indiana. It is now deemed advisable to authorize the execution and delivery by the City of a Memoran of Intent expressing formally and in writing the understanding heretofore formally agreed upon by theCity and the Borrower. REGULAR MEETING APRIL 14, 1980 REGULAR MEETING RECONVENED (CONTINUED) NOW, THEREFORE, be it resolved by the Common Council of the City of South Bend, Indiana, as follows: SECTION 1. The Mayor is hereby authorized and directed to execute a Memorandum of Intent by and between the City and the Borrower and the City Clerk is hereby authorized and directed to affix the seal of the City thereto and to attest the same; and said Mayor and C.ty Clerk are hereby authorized and directed to cause said Memorandum of Intent to be delivered to, accepted, and executed by the Borrower, said Memorandum of Intent, which is hereby approved and incorporated by reference and made a part of this authorizing resolution, to be in sub- stantially the form attached hereto. Section 2. This resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. /s /Lewis A. McGann 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, said this bond issue, when approved, would be for the con- struction of a new 20,000 square foot facility to be located at the northwest corner of Douglas and Juniper roads. He said this would be an issue of approximately $1,000.000. Mr. David Wells, 2104 Bloomfield Pl., asked if they were voluntarily annexing. Mr. Fedder indicated that the property would not be annexed as it belonged to the University of Notre Dame. Council Member Serge made a motion to adopt this resolution, seconded by Council Member Szymkowiak. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 775 -80 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AUTHORIZING THE BOARD OF PUBLIC WORKS TO NEGOTIATE THE SALE OF LOT NUMBERED 1126 AS SHOWN ON THE FOURTH PLAT OF SUMMITT PLACE ADDITION TO THE CITY OF SOUTH BEND TO- GETHER WITH THE NORTH HALF OF THE VACATED ALLEY LYING SOUTH OF AND ADJOINING SAID LOT, COMMONLY KNOWN AS 718 S. BENDIX DRIVE. WHEREAS., the Board of Public Works of the City of South Bend, pusurant to the Municipal Code of the City of South Bend, Chapter 14.5 has offered for sale Lot Numbered 1126 as shown on the Fourth Plat of Summitt Place Addition to the City of South Bend, together with the north half of the vacated alley lying south of and adjoining siad lot, commonly known as 718 S. Bendix Drive, at an offering price of $807.00; and WHEREAS, the Board of Public Works of the City of South Bend has now received an offer to purchase the property at 718 S. Bendix Drive for a price of $500.00; and WHEREAS, the Board of Public Works has now complied with all requirements of the Municipal Code of the City of South Bend, Chapter 14.5, which establishes procedures for the disposition of real property owned by the City of South Bend, and more specificially real property valued by the Board at less than $1,000.00. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend that: SECTION I. The Board of Public Works be authorized to negotiate a contract for the sale of Lot Numbered 1126 as shown on the Fourth Plat of Summitt Place Addition to the City of South Bend, together with the north laf of the vacated alley lying south of and adjoining said lot, commonly known as 718 S. Bendix Drive for a total price of $500.00 SECTION II. The resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s /Lewis A. McGann Member of the Common Council A public hearing was held on the resolution at this time. Mr. Joseph Kernan, City Controller, said he was asking permission of the City Council to negotiate sale of this lot. He said they were recently given permission to sell the lot, but because the price that was being offered is lower than the appraised price, it is necessary to come back before the Council to seek permission for the sale. He said the appraised price was $870 and offer was $500. He said this was recommended for approval by the Board of Public Works. Council Member Serge made a motion to adopt this resolution, seconded by Council Member Dombrowski. The resolution was adopted by a roll call vote of nine ayes. REGULAR MEETING APRIL 14 1980 REGULAR MEETING RECONVENED (CONTINUED RESOLUTION A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RECOMMENDING THAT THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) CONSIDER ANY APPLICA- TION FOR FUNDS OF UP TO $300,000 TO REHABILITATE THE HARBOR HOMES PROJECT AND CONVERTING IT FROM A FAMILY OWNERSHIP PROJECT TO A REGULAR PUBLIC HOUSING PROJECT IN LIGHT OF .OTHER POSSIBLE SOLUTIONS. A public hearing was held on the resolution at this time. Council Member Beck indicated that in view of the $1,000,000 we still owe on Harber Homes and the contract has seventeen years to run, some of the members of the Residential Nieghborhoods Committee are concerned about the Housing Authority's capability to renovate these homes and run the project. She indicated this resolution had to be amended. She said in Section I it should say reconsider, not con- sider. She said she would like to further amend the resolution in the fourth Whereas, to read "Whereas, the Common Council believes that this proposal to HUD may not be the best alternative solution; and; in Section I. That the Common Council of the City of South Bernd, Indiana, recommends that the U.S. Department of Housing and Urban Development (HUD) reconsider and /or.expand its exclusive decision to spend $300,000 on rehabilitation the Harber Homes Project and converting it from a family ownership project to a regular public housing project to include consideration of other possible solutions; in Section 2 change period to comma. and add, as well as other possible solutions ". She said this leaves it open to HUD and it also leaves it open for homesteading or even a private developer buying it. Council Member Voorde seconded the amendment. Mr. Charles Howell,1118 Dewey Street, spoke in favor of this resolution. Carl Ellison, Director of Redevelopment, spoke in favor of this resolution. He said it was logical for the Council to suggest to HUD that there should be an alternative to be considered, particularly if the $300,000 modernization does not work. Bob Thomas, Director of the Housing Authority, indicated that for the years 1976 -1978 HUD did not allow modernizatio funds for home ownership. He said this was the first time in their history that they have allowed this. He said that if given_a chance he thought the Housing Authority could make this work. John Gleva, 5039 W. Packard, spoke against this resolution. Norbert Cholewczynski 155 Woodhill, asked if the $300,000 would take care of all the houses. Carl Ellison indicated they had cost estimates of $254,000, but that was probably not enough today. Leonard Cousins, 250 N. Lombardy, spoke against this ..resolution. Council Member Kopczynski questioned whether these homes were worth fixing.. Council Member Serge indicated that he supported the homestead concept. Council Member Crone indicated the only way we can sell property is if we own it, and we do not own Harber Homes. Council Member Kopczynski made a motion to strike this resolu- tion, seconded by Council Member Taylor. The motion carried on a roll call vote of nine ayes. RESOLUTION NO. 776 -80 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT TO THE UNITED STATES GOVERNMENT, DEPARTMENT OF TRANSPORTATION, AN APPLICATION FOR A GRANT UNDER THE "BICYCLE GRANT PROGRAM" WHEREAS., the City of South Bend, acting through the Office of the Mayor and the Common Council has aggressively and successfully sought to improve South Bend's central business district and the quality -of -life in our "inner -city neighorboods; and, WHEREAS, the City of South Bend, acting through the Office of the Mayor and Common Council, has aggressively and successfully sought out federal assistance to support local efforts and to supplement local resources; and, WHEREAS, the purpose of the "Bicycle Grant Program" is to locate and install bicycle parking facilities which will: encourage safe, secure and easy access to the CBD; create interfaces between bicycle and bus travel; and increase the mobility of our low and moderate income families; and, WHEREAS, the Mayor is the chief executive officer of the City, and is the applicant for a demonstration grant called "Bicycle Grant Program" under the auspices of the Federal Inter - Agency Coordinating Council on behalf of six federal agencies. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of South Hehd, Indiana: SECTION I. Hereby establish the authority of the Mayor of the City of South Bend to submit an application for funds in the amount of Twenty - eight Thousand Dollars ($28,000) to the United States Department of Transportation under the "Bicycle Grant Program." SECTION II. Hereby designates the Division of Community Development as the administrative agent for the program. The division of Community Development shall submit to the Common, Council a line item budget in ordinance form prior to any expenditures of any grant money received upon approval of this application. SECTION III. The division of Community Development shall submit a copy of the Bicycle Grant Application to the Members of the Common Council prior to submittal of the grant applica- tion to the Department of Transportation. SECTION IV. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s /Lewis A. McGann Member of the Common Council A public hearing was held on the resolution at this time. Marzy Bauer Director of Community Development, indicated that the purpose of this grant is to locate and install bicycle parking facilities. She said they plan to install fifty in the central business district and fifty in other parks of the City. Council Member Kopczynski made a motion to adopt this resolution, seconded by Council Member Dombrowski. The resolution was adopted by a roll call vote of nine ayes. REGULAR MEETING APRIL 14, 1980 REGULAR MEETING RECONVENED (CONTINUED BILLS. FIRST READING BILL NO. 31 -80 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) (742 E. IRELAND.) This bill had first reading. Council Member Beck made a motion to refer this bill to Area Plan, seconded by Council Member Dombrowski. The motion carried. BILL NO. 32 -80 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) (S.W. CORNER OF PORTAGE AND THE INDIANA TOLL ROAD.) This bill had first reading. Council Member Taylor made a motion to refer this bill to Area Plan, seconded by Council Member Dombrowski. The motion carried. BILL NO. 33 -80 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 (720 W. WASHINGTON.) This bill had first reading. Council Member Beck made a motion to refer this bill to Area Plan, seconded by Council Member Dombrowski. The motion carried. BILL NO. 34 -80 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 (322 W. WASHINGTON.) This bill had first reading. Council Member Crone made a motion to refer this bill to Area Plan, seconded by Council Member Dombrowski. The motion carried. BILL NO. 35 -80 A BILL APPROVING THE FORM AND TERMS OF LOAN AGREEMENT, MORTGAGE AND NOTE, SECURITY AGREEMENT AND FINANCING STATEMENTS, ASSIGN - MENT OF LEASE AND RENTS AND A TRUST INDENTURE AND INDUSTRIAL REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF AND APPROVING RESOLUTION NO. 10 -80 OF THE SOUTH BEND ECONOMIC DEVELOPMENT COM- MISSION PERTAINING TO MARION W. DUNN. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading April 28, 1980, seconded by Council Member Dombrowski. The motion carried. BILL NO. 36 -80 A BILL AUTHORIZING THE EXECUTION OF A LOAN AGREEMENT AND TRUST INDENTURE AND BONDS, AND APPROVING THE FORM AND TERMS OF THE LOAN AGREEMENT AND TRUST INDENTURE AND BOND AND AUTHORIZING THE ISSUANCE OF ECONOMIC REVENUE BONDS AND APPROVING RESOLUTION NO. 3 -80 OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION RELATING TO THE IRELAND /IRONWOOD ASSOCIATES PROJECT. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading April 28, 1980, seconded by Council Member Dombrowski. The motion carried. BILL NO. 37 -80 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. 5 -80 OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION RELATING TO THE GREENWOOD REALTY CORPORA- TION PROJECT. This billhad first reading. Council Member Beck made a motion to set this bill for public hearing and second reading April 28, 1980, seconded by Council Member Dombrowski. The motion carried. BILL NO. 38 -80 A BILL AMENDING CHAPTER 13, ARTICLE 4, SECTION 13 -57, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, BY THE ADDITION OF A NEW SUB - SECTION (c) WHICH WOULD PERMIT THE BOARD OF PUBLIC WORKS TO ISSUE ANNUAL PERMITS TO ALLOW NON- COMMERCIAL MUSIC IN PUBLIC AREAS. This bill had first reading. Council Member`Kopcyznski made a motion to set this bill for public hearing and second reading April 28, 1980, seconded by Council Member Dombrowski. The motion caried. BILL NO. 39 -80 A BILL APPROPRIATING $25,000.00 FROM THE LOCAL ROAD AND STREET FUND TO PROJECT R &S 8001, EDISON ROAD FROM STATE ROAD 23 TO IRONWOOD. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading May 28, 1980, seconded by Council Member Dombrowski. The motion carried. 5G REGULAR MEETING APR I7 14, 1980 REGULAR MEETING RECONVENED (CONTINUED BILL NO. 40-80 A BILL APPROPRIATING $1,517.00 FROM THE DISCOVERY HALL FUND OF THE CITY OF SOUTH BEND, INDIANA, FOR RENTAL OF STORAGE SPACE FOR THE STUDEBAKER COLLECTION TO BE ADMINISTERED BY THE DEPARTMENT OF AD- MINISTRATION AND FINANCE. This bill had first reading. Council Member Beck made a motion to set this bill for public hearing and second reading April 28, 1980, seconded by Council Member Dombrowski. The motion carried. PRIVILEGE OF THE FLOOR Mr. Floyd Carter, 1619 Fassnacht, complained that the contractors constructing the Orange- Colfax sewer and traffic project have left the area in a mess and buses and pedestrians are mired in mud. There being no further business to come before the Council unfinished or new, Council Member Taylor made a motion to adourn, seconded by Council Member Dombrowski. The motion carried and the meeting was adjourned at 11:30 p.m. ATTEST: ZPRIDENT 4_e,� a , CITY CLERK +4.t.. t .