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HomeMy WebLinkAbout05-27-80 Council Meeting MinutesREGULAR MEETING MAY 27, 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 Tuesday, May 27, 1980, at 7:00 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL PRESENT: Council Members Serge, Szymkowiak, Beck, McGann, Taylor, Kopczynski, Crone, Dombrowski and Voorde ABSENT: None REPORT FROM THE SUB - COMITTEE 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 May 12, 1980 meeting of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. /s /Lewis A. McGann /s /Beverlie Beck Council Member Serge made a motion that the minutes of the May 12, 1980, meeting of the Council be accepted and placed on file, seconded by Council Member Dombrowski. The motion carried. SPECIAL BUSINESS Council Member Serge made a motion that the resolution concerning the establishment of an employment and training consortium be placed on the agenda for public hearing June 23, 1980, seconded by Council Member Beck. The motion carried. Council Member Kopczynski indicated that a Utilities Committee Meeting should be scheduled to discuss Bill No. 46 -80, regarding the sewage service fund. Council Member Szymkowiak indicated that Mr. McMahon was compiling figures. Council President McGann indicated that more than one meeting might be needed, therefore, the meetings should be scheduled for Tuesday June 17 and Thursday June 19, at 6:30 p.m. Council Member Dombrowski made a motion to resolve into the Committee of the Whole, seconded by Council Member Kocpzynski. The motion carried. COMMITTEE OF THE WHOLE Be it remembered that the Common Council of South Bend met in the Committee of the Whole on Tuesday, May 27, 1980, at 7:08 p.m., with nine members present. Chairman Szymkowiak presiding. BILL NO. 47 -80 A BILL APPROVING THE FORM AND TERMS OF FIRST SUPPLEMENTAL LOAN AGREEMENT, FIRST SUPPLEMENTAL TRUST INDENTURE, FIRST SUPPLEMENTAL MORTGAGE AND SECURITY AGREEMENT, ECONOMIC DEVELOPMENT BONDS FOR PRINCIPAL AMOUNT OF $3,000,000.00, ASSIGNMENTS, ELECTIONS, AUTHORIZING THEREOF AND APPROVING SOUTH BEND ECONOMIC RESOLUTION NO. 4 -80 FOR SOUTH BEND FORGE, INC. PROJECT. This being the time heretofore set for public hearing on the above bill, proponents and op- ponents were given an opportunity to be heard. Mr. Kenneth Fedder, attorney for the Economic Development Commission, made thepresentation for the bill. He indicated this $3,000,000 issue was to finance the expansion of existing facilities located at the South Bend Airport Industrial! Park. He said there will be approximately thirteen new jobs created. Council Member Kocpzynski made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 48 -80 A BILL APPROVING THE FORM AND TERMS OF TRUST INDENTURE AND USER AGREEMENT, REAL ESTATE MORTGAGE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF AND APPROVING RESOLUTION NO. 13 -80 OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION, RELATING TO THE L. L. JOHNSON LUMBER MFG., CO., PROJECT. This being the time heretofore set for public hearing on the above bill, proponents and op- ponents 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 $380,000 issue would be used to construct a facility located at 51315 Dixie Way North. He said it was anticipated that seven new jobs would be created. Council Member Taylor made a motion to re- commend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 49 -80 A BILL APPROVING THE FORM AND TERMS OF LOAN AGREEMENT AND TRUST INDENTURE, INDUSTRIAL DEVELOPMENT REVENUE BOND, AND AUTHORIZING THE EXECUTION THEREOF AND APPROVING RESOLUTION NO. 11 -80 OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSIONRELATING TO THE MASTER - BILT, INC., PROJECT. This being the time heretofore set for public hearing on the above bill, proponents and op- ponents 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 $90,000 issue would be used to finance the purchase of additional machinery. He said it was anticipated that three new jobs would be created. Council Member Kopczynski made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. 598 REGULAR MEETING MAY 27 1980 COMMITTEE OF THE WHOLE MEETING (.CONTINUED BILL NO. 50 -80 A BILL APPROVING THE FORM AND TERMS OF LOAN AGREEMENT, MORTGAGE AND INDENTURE OF TRUST AND GUARANTY AGREEMENT AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF AND APPROVING RESOLUTION NO. 7 -80 OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION RELATING TO THE TIMBERLINE TRACE PROJECT. This being the time heretofore set for public hearing on the above bill, proponents and op- ponents 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 issue would be used to construct a commercial retail facility to be located near the intersection of State Road 23 and Bittersweet. He said this new facility will create approximately thirty - five full and part - time jobs. Council Member Dombrowski made a motion to recommend this bill to the Council favorable, seconded by Council Member Voorde. The motion carried. BILL NO. 53 -80 A BILL TRANSFERRING THE SUM OF $3,053.00 FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN Y.S.B. - H.E.W. FUND OF THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on the above bill, proponents and op- ponents were given an opportunity to be heard. Ms. Bonnie Strycker, Director of the Youth Service Bureau, made the presentation for the bill. She indicated this request was being made to cover projected overruns in some line items. Council Member Serge made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 54 -80 A BILL APPROPRIATING $19,071.00 FROM THE EQUAL EMPLOYMENT OPPORTUNITY FUND TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS HUMAN RIGHTS COMMISSION AND DEPARTMENT OF HUMAN RESOURCES AND ECONOMIC DEVELOPMENT. This being the time heretofore set for public hearing on the above bill, proponents and op- ponents were given an opportunity to be heard. Mr. Larry Johnson, Director of Human Rights made the presentation for the bill. He indicated this appropriation would cover expenses incurred as a result of the worksharing agreement between EEOC and SBHRC. He said these are not new positions. Council Member McGann made a motion.to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. BILL NO. 55 -80 A BILL APPROPRIATING $185,000.00 FROM THE LOCAL ROAD AND STREET FUND TO THE CONTRACTUAL SERVICES ACCOUNT, 0260, FOR THE PAVING AND SCARIFICATION OF VARIOUS STREETS, OF VARIOUS STREETS, WITHIN THE LOCAL ROAD AND STREET FUND. This being the time heretofore set for public hearing on the above bill, proponents and op- ponents 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 in contract- ing for scarification and repaving of various streets within the City. He said they were using Road and Street Fund money, due to the lack of Motor Vehicle Highway Funds. Council Member Dombrowski made a motion to recommend this bill to the Council favorable, seconded by Council Member Kopczynski. The motion carried. BILL NO. 56 -80 A BILL APPROPRIATING $30,000.00 FROM THE LOCAL ROAD AND STREET FUND, TO R &S 7903, IRELAND ROAD, FELLOWS TO U.S. 31, WITHIN THE LOCAL ROAD AND STREET FUND. This being the time heretofore set for public hearing on the above bill, proponents and op- ponents were given an opportunity to be heard. Mr. Patrick McMahon, Director of Public Works, indicated this appropriation would allow for the resurfacing of Ireland Road from Michigan.to Fellows. Council Member Dombrowski made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. BILL NO. 57 -80 A BILL APPROPRIATING $715,000.00 FROM THE LOCAL ROAD AND STREET FUND, AND $500,000.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND TO PROJECT R &S 53, SAMPLE, CHAPIN TO OLIVE, WITHIN THE LOCAL ROAD AND STREET FUND. This being the time heretofore set for public hearing on the above bill, proponents and op- ponents were given an opportunity to be heard. Mr. Patrick McMahon, Director of Public Works, made the presentation for the bill. He indicated that this appropriation would be used for widening and constructing certain storm sewer improvements on Sample Street, between Chapin and Olive. Council Member Kopczynski made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Dombrowski made a motion to rise and report to the Council, seconded by Council Member Taylor. The motion carried. ATTEST: City Clerk ATTEST: V, 1 i 599 REGULAR MEETING MAY 27, 1980 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 7:40 p.m. Council President McGann presiding and nine members present. BILLS. SECOND READING ORDINANCE NO. 6781 -80 AN ORDINANCE APPROVING THE FORM AND TERMS OF FIRST SUPPLEMENTAL LOAN AGREEMENT, FIRST SUPPLEMENTAL TRUST INDENTURE, FIRST SUPPLE- MENTAL MORTGAGE AND SECURITY AGREEMENT, ECONOMIC DEVELOPMENT BONDS FOR PRINCIPAL AMOUNT OF $3,000,000.00, ASSIGNMENTS, ELECTIONS, AUTHORIZING EXECUTION THEREOF AND APPROVING SOUTH BEND ECONOMIC DEVELOPMENT RESOLUTION NO. 4 -80 FOR SOUTH BEND FORGE, INC. PROJECT. 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. 6782 -80 AN ORDINANCE 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. 13 -80 OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION RELATING TO THE L. L. JOHNSON LUMBER MFG. CO., PROJECT. This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6783 -80 AN ORDINANCE APPROVING THE FORM AND TERMS OF LOAN AGREEMENT AND TRUST INDENTURE, INDUSTRIAL DEVELOPMENT REVENUE BOND, AND AUTHORIZING THE EXECUTION THEREOF AND APPROVING RESOLUTION NO. 11 -80 OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION RELATING TO THE MASTERBILT, INC., PROJECT. This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6784 -80 AN ORDINANCE APPROVING THE FORM AND TERMS OF LOAN AGREEMENT, MORTGAGE AND INDENTURE OF TRUST AND GUARANTY AGREEMENT AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF AND APPROVING RESOLUTION NO. 7 -80 OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION RELATING TO THE TIMERLINE TRACE PROJECT. This bill had second reading. Council Member Beck 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. 6785 -80 AN ORDINANCE TRANSFERRING THE SUM OF $3,053.00 FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN Y.S.B. - H.E.W. 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. 6786 -80 AN ORDINANCE APPROPRIATING $19,071.00 FROM THE EQUAL OPPORTUNITY FUND TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS HUMAN RIGHTS COMMISSION AND DEPARTMENT OF HUMAN RESOURCES AND ECONOMIC DEVELOPMENT. This bill had second reading. Council Member 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. 6787 -80 AN ORDINANCE APPROPRIATING $185,000.00 FROM THE LOCAL ROAD AND STREET FUND TO THE CONTRACTUAL SERVICES ACCOUNT, 0260, FOR THE PAVING AND SCARIFICATION OF VARIOUS STREETS,W[THIN THE LOCAL ROAD AND STREET 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. 6788 -80 AN ORDINANCE APPROPRIATING $30,000.00 FROM THE LOCAL ROAD AND STREET FUND, TO R &S 7903, IRELAND ROAD, FELLOWS TO U.S. 31, WITHIN THE LOCAL ROAD AND STREET FUND. This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Serge. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6789 -80 AN ORDINANCE APPROPRIATING $715,000.00 FROM THE LOCAL ROAD AND STREET FUND, AND $550,000.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND TO PROJECT R &S 53, SAMPLE, CHAPIN TO OLIVE, WITHIN THE LOCAL ROAD AND STREET FUND. This bill had second reading. Council Member Dombrowski made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of nine ayes. REGULAR MEETING MAY 27 1980 RESOLUTIONS RESOLUTION NO. 781 -80 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND COMMITTING TO IMPLEMENTATION OF THE TRANSPORTATION MEASURES NECESSARY TO ATTAIN AND MAINTAIN NATIONAL AMBIENT AIR QUALITY STANDARDS. WHEREAS, Elkhart and St. Joseph Counties have been designated as non - attainment areas for photochemical oxidents (03) based on the national primary ambient,air quality standards set forth in the 1977 Clean Air Act Amendments; and WHEREAS, MACOG has been designated as the Lead Local AGency for air quality planning, as it relates to transportation planning, to work with the Indiana State Board of Health's Air Pollution Control Division (IAPCD) in completing an acceptable revised State Implementation Pl (SIP) for submittal to the U.S.E.P.A.; and WHEREAS, the State of Indiana has granted such designation to MACOG in order to allow appropria transportation related measures for improving this area's air quality to be planned and imple- mented as the local level; and WHEREAS, those measures and associated measures for planning and implementing them must be clearly incorporated into the State Implementation Plan; and WHEREAS, the City of South Bend, Indiana, as a member of MACOG and as part of the urbanized area, is a participant in the urban transporation planning process; and WHEREAS, certain commitments are required of the transportation.planning process which are to be included in the SIP; and WHEREAS, various sections of the 1977 Clean Air Act Amendments require provision for commitment implementation of transportation measures, and allocation of resources necessary to meet commit ments in all urban areas which do not comply with transportation- related pollutant standards; a WHEREAS, current information and data appear to indicate that Elkhart and St. Joseph Counties will comply with the above mentioned standards by 1982. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, that it endorses the following commitments in response to the provisions of the 1977 Clean Air Act Amendments: SECTION L. That the City of South Bend, Indiana, will take into consideration the attainment and maintenance of air quality standards in the planning and implementation of local programs and projects. SECTION II. That the City of South Bend, Indiana, will support the implementation of measures found to be locally reasonable and effective in improving air quality, dependent on available funding. SECTION III. That all commitments herein are predicated on existing air quality standards and available technical data. Should applicable air quality standards be changed and /or as new technical data becomes available, the City of South Bend, Indiana, reserves the right to review and revise the aforementioned commitments. SECTION IV. 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 /Lewis A. McGann 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 St. Joseph and Elkhart counties do not meet the Federal air quality standards. He indicated that MACOG has been designated as the Lead Local Agency for transporation- related air quality planning. He indicated that MACOG has passed a resolution which committed this area to the implementation of transporation measures to improve air quality. He indicated that passage of this resolution indicates the City will support the implementation of measures found to be locally reasonable and effective, dependent on avail - able funding. He indicated that all commitments are predicated on exising air quality standar and available technical data. Council Member Serge made a motion to adopt this resolution, seconded by Council Member Kopczynski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 782 -80 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DESIGNATING THE WEEK OF JUNE 16, 1980, POLISH NATIONAL ALLIANCE CENTENNIAL WEEK IN OUR COMMUNITY. WHEREAS, the Polish National Alliance was founded on February 15, 1880, in Philadelphia, Pennsylvania, by Industrialist Julius Andrzejkowicz; and WHEREAS, the Polish National Alliance was founded to assist Polish immigrants throughout the Country in self -help and cultural measures; and WHEREAS, since its founding, the Polish National Alliance has been responsible for many landmark achievements at the local and national levels; and 6 REGULAR MEETING MAY 27, 1980 REGULAR MEETING RECONVENED (CONTINUED) WHEREAS, the Polish National Alliance has grown today into 16 Districts, 206 Councils, and 1,200 Lodges, which are located in 39 of our 50 states; and WHEREAS, the Common Council of the City of South Bend recognizes the many contributions of its Polish- American citizens and the Polish National Alliance in this community; and WHEREAS, the Council further recognizes this proud and rich cultural heritage and desires to be a part of the Centennial Celebration of the Polish National Alliance presently going on throughout our country. 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 recognize and congratulate the Polish National Alliance for their many fine contributions to the community and to our nation. SECTION II: That the Common Council hereby designates the week of June 16, 1980, as Polish National Alliance Centennial Week in our community. 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 /Richard C. Dombrowski Member of the Common Council A public hearing was held on the resolution at this time. Council Member Dombrowski read the resolution. He asked that the City Clerk's office send a copy of this resolution to the pre- sident of the PNA in Chicago. 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. 783 -80 A RESOLUTION FOR THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT TO THE UNITED STATES GOVERNMENT, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AN APPLICATION FOR A GRANT UNDER THE "INNOVATIVE GRANTS FOR COMMUNITY ENERGY CONSERVATION PROGRAM." WHEREAS, the City of South Bend, acting through the Office of the Mayor and the Common Council, has aggressively sought to improve energy conservation and the quality -of -life in our inner -city neighborhoods; and, WHEREAS, the City of South Bend, acting through the Office of the Mayor and Common Council, has successfully sought out federal assistance to support local efforts and to supplement local resources; and, WHEREAS, the purpose of the "Innovative Grants for Community Energy Conservation Program" is to integrate energy conservation and Community Development activities; and, WHEREAS, the Mayor is the chief executive officer of the City, and is the applicant for a demonstration grant called "Innovative Grants for Community Energy Conservation Program" under the auspices of the Department of Energy and Department of Housing and Urban Development. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of South Bend, 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 Seven Hundred Twenty Six Thousand Five Hundred dollars ($726,500) to the United States Department of Housing and Urban Development 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. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s /John Voorde 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 the grant was to develop innovative approaches which integrate proven and feasible energy conservation activities and alternative energy supply technologies into housing rehabilitation, neighborhood revitalization and other com- munity and economic development programs. 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. ()1 REGULAR MEETING MAY 27, 1980 REGULAR MEETING RECONVENED (CONTINUED) RESOLUTION NO. 784 -80 A RESOLUTION REQUESTING AND ENPOWERING THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, TO PETITION.THE ST. JOSEPH COUNTY DRAINAGE BOARD FOR THE ADMISSION OF THE MUNICIPAL DRAIN COMMONLY KNOWN AS "BOWMAN CREEK ", INTO THE COUNTY DRAINAGE SYSTEM OF ST. JOSEPH COUNTY AS A LEGAL DRAIN. There is no City agency with the mission, the resources or the expertise to address the ongoing problems of the Bowman Creek. These problems include cleaning, dredging, maintenance of undergound structures such as culverts, and maintenance of aboveground structures such as railings. The Bowman Creek enters the City on Ireland Road east of Olive Street. It then flows northeasterly through the AM General plant, north of the Sibley Foundry, past the First Bank and Trust Company branch at Ewing and Michigan, through the Riley High School field, through the Studebaker Golf Course, through the Studebaker School field, through Ravinia Park, through the Northern Indiana Public Service Company facility on Pennsylvania Avenue, under the Conrail and Grand Trunk tracks, past the fire station at Lincoln Way East and finally into the St. Joseph River somewhat south of Sample Street. If the Bowman Creek is designated as a legal drain, the St. Joseph County Drainage Board could then levy an assessment on the property owners of South Bend. This assessment would not be limited by the "frozen" tax levy. The proceeds from the assessment would then be used to address the maintenance problems of Bowman Creek. The costs, damages and expenses of the improvement of said drain within the county drainage system will be less than the benefits that will be derived by the land likely to be benefitted by such improvements. The improvements to such drain will improve the public health by draining lands owned by the City of South Bend and its citizens. Proposed improvements to structures will improve the public safety by correcting deficiencies in guard rails which are in gross repair. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the Civil City of South Bend that: SECTION I. The Common Council of the CIty of South Bend petition the St. Joseph County Drainage Board for the admission of the municipal drain, commonly known as "Bowman Creek" into the St. Joseph County drainage system as a legal drain. SECTION II. The Board of Public Works is hereby requested and given the authority to file such peition before the St. Joseph County Drainage Board. SECTION III. This resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. /s /John Voorde Member of the Common Council A public hearing was held on the resolution at this time. Patrick McMahon, Director of Public Works, indicated that Bowman Creek has never been designated as a legal drain, therefore, the City has very limited, if any, power or jurisdiction to effect improvements or maintenance in the area. He indicated that if the City if successful in this application, the question of jurisdiction and authority to effect improvements will be resolved. Council Member Dombrowski made a motion to adopt this resolution, seconded by Council Member Szymkowiak. The resolution was adopted by a roll call vote ofnine ayes. BILLS, FIRST READING BILL NO. 58 -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) (2049 PRAIRIE AVE.) This bill had first reading. Council Member Beck made a motion to refer this bill and petition to Area Plan, seconded by Council Member Serge. The motion carried. BILL NO. 59 -80 A BILL APPROVING A CONTRACT BETWEEN THE CITY OF SOUTH BEND, INDIANA AND THOMAS J. BRUNNER, JR., SOUTH BEND, INDIANA, FOR PROVIDING LEGAL SERVICES WITH RESPECT TO THE FIRST BANK CENTER PROJECT AND CENTURY MALL. This bill had first reading. Council. Member Taylor made a motion to set this bill for public hearing and second reading June 23, 1980, seconded by Council Member Crone. The motion carried. BILL NO. 60 -80 A BILL APPROPRIATING $124,000.00 FROM THE LOCAL ROAD AND STREET FUND, TO PROJECT R &S 7801, SIGNALIZATION OF TEN (10) INTERSECTIONS, WITHIN THE LOCAL ROAD AND STREET SPECIAL DISTRIBUTION FUND. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading June 23, 1980, seconded by Council Member Dombrowski. The motion carried. BILL NO. 61 -80 A BILL APPROPRIATING $40,.000.00 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND, FOR A DEMONSTRATION BLOCK:PROJECT, TO BE ADMINISTERED BY THE DIVISION OF COMMUNITY DEVELOPMENT AND THE DEPARTMENT OF PUBLIC WORKS. This bill had first reading. Council Member Serge made a motion to set this bill for public hearing and second reading June 23, 1980, seconded by Council Member Dombrowski. The motion carried. J REGULAR MEETING MAY 27, 1980 REGULAR MEETING RECONVENED (CONTINUED ORDINANCE NO. 6790 -80 AN ORDINANCE APPROVING THE FORM AND TERMS OF THE SUPPLEMENTAL LOAN AGREEMENT, SUPPLEMENTAL INDENTURE OF TRUST, AND ADDITIONAL ECONOMIC DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF, AND APPROVING RESOLUTION OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION RELATING TO THE LAWSON- FISHER ASSOCIATES PROJECT. This bill had first reading. Council Member Taylor made a motion to suspend the rules and have public hearing and second reading, seconded by Council Member Serge. 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 indicated this $60,0000 issue was Phase II of the project, Council Member Kopczynski made a motion to pass this bill, seconded by Council Member Serge. The bill passed by a roll call vote of nine ayes. BILL NO. 63 -80 This bill had first hearing and second carried. BILL NO. 64 -80 This bill had first hearing and second carried. A BILL TRANSFERRING THE SUM OF $500.00 FROM VARIOUS ACCOUNTS WITHIN THE COMMON COUNCIL'S BUDGET OF THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. reading. Council Member Serge made a motion to set this bill for public reading June 23, 1980, seconded by Council Member Dombrowski. The motion A BILL APPROVING MONEYS FOR THE PURPOSE OF DEFRAYING THE CETA TITLE IV SUMMER YOUTH EMPLOYMENT PROGRAM EXPENSES OF THE BUREAU OF EMPLOYMENT AND TRAINING FOR THE FISCAL PERIOD BEGINNING OCTOBER 1, 1979, AND ENDING SEPTEMBER 30, 1980, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. reading. Council Member Beck made a motion to set this bill for public reading June 23, 1980, seconded by Council Member Dombrowski. The motion Council Member Taylor made a motion to amend this bill by substituting Ordinance No. 6649 -79 for Bill No., seconded by Council Member Beck. The motion carried. BILL NO. 65 -80 A BILL AMENDING ORDINANCE NO. 6649 -79, THEREBY ADDING $48,147 IN CETA FUNDS FROM SEVERAL OTHER TITLES TO THE ADMINISTRATIVE COST POOL, TO BE ADMINISTERED BY THE BUREAU OF EMPLOYMENT AND TRAINING, FOR CONTRACTUAL SERVICES AND FRINGE BENEFITS. This bill had first reading. Council Member Serge made a motion to set this bill for public hearing and second reading June 23, 1980, seconded by Council Member Dombrowski. The motion carried. ORDINANCE NO. 6791 -80 AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO. 6767 -80 APPROVING THE FORM AND TERMS OF LOAN AGREEMENT, TRUST INDENTURE, REAL ESTATE MORTGAGE, SECURITY AGREEMENT, FINANCING STATEMENTS, ASSIGNMENT OF LEASES AND RENTS AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF, AND APPROVING RESOLU- TION NO. 10 -80 OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION RELATING TO THE MARION W. DUNN 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 Voorde. The motion carried. This being the time heretofore set for public hearing on the above bill, pro- ponents and opponents were given an opportunity to be heard. Mr. Kenneth Fedder, attorney for the Economic Development Commission, indicated this ordinance was necessary in order to submit amended documents for this bond issue. Council Member Kopczynski made a motion to pass this bill, seconded by Council Member Serge. The motion carried. ORDINANCE NO. 6792 -80 AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO. 6775 -80 APPROVING THE FORM AND TERMS OF LOAN AGREEMENT, INDENTURE OF TRUST, REAL ESTATE MORTGAGE, SECURITY AGREEMENT AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF, AND APPROVING RESOLUTION NO. 12 -80 OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION RELATING TO THE MOSSBERG & C0MPANY, INC., AN INDIANA CORPORATION, PROJECT. This bill had first reading. Council Member Taylor made a motion 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, indicated this ordinance was necessary in order to submit amended documents for this bond issue. Council Member Kopczynski made a motion to pass this bill, seconded by Council Member Szymkowiak. The bill passed by a roll call vote of nine ayes. UNFINISHED BUSINESS Report from Area Plan - 742 E. Ireland "Upon a motion by Rene Vandewalle, being seconded by William Limerick and unanimously carried, the proposed ordinance and site development plan of Joseph Gosztola, O.D., is returned to the Common Council with a favorable recommendation subject to a final site plan. The "B" Residential zoning and the proposed uses within an existing building will 0 REGULAR MEETING MAY 27, 1980 REGULAR MEETING RECONVENED (CONTINUED) Council Member Kopczynski made a motion to set this bill for public hearing and second reading June 23, 1980, seconded by Council Member Taylor. The motion carried. Bill No. 32 -80 - Southwest Corner of Portage and the Toll Road. "Upon a motion by Patrick McMahon, being seconded by June Stratton and unanimously carried, the proposed ordinance and site development plan of Portage Place Associates is returned to the Common Council with a favorable recommendation subject to: A final site plan which would resolve the internal circulation problem problem caused by the drive -in bank facility and re- solve the issues addressed by the City Engineer; and, subdivi -ding _ of -the property." Council Member Kopczynski made a motion to set this bill for public hearing and second reading June 23, seconded by Council Member Szymkowiak. The motion carried. There being no further business to come before the Council, unfinished or new, Council Member Kopczynski made a motion to adjourn, seconded by Council Member Dombrowski. The motion carried and the meeting was adjourned at 8:10 p.m. ATTEST: APP VED: PRESIDENT