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HomeMy WebLinkAbout07-14-80 Council Meeting MinutesREGULAR MEETING JULY 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, July 14, 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 and Voorde ABSENT: Council Member Dombrowski REPORT FROM THE SUB - COMMITTEE ON MINUTES To the Common Council of the City of South Bend: Your sub - committee on the inspection and supervision of the minutes would respectfully report that it has inspected the minutes of the June 23, 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 Crone Council Member Serge made a motion that the minutes of the June 23, 1980, meeting of the Council be accepted and placed on file, seconded by Council Member Crone. The motion carried. SPECIAL BUSINESS Council Member Crone made a motion to appoint Margarita Howard to the TRANSPO Board of Directors seconded by Council Member Voorde. The motion carried. Council Member Taylor made a motion to recess, seconded by Council Member Kopczynski. The moti carried and the meeting was recessed at 7:10 p.m., and reconvened at 7:15 p.m. REPORTS Council President McGann gave a report of the meeting of the Council Rules Committee. Council Member Voorde gave the Human Resources committee report on the Mossberg property. Council Member Kopczynski made a motion to resolve into the Committee of the Whole, seconded by Council Member Taylor. The motion carried. COMMITTEE OF THE WHOLE Be it remembered Whole on Mon day, presiding. BILL NO. 68 -80 that the Common Council of the City of South Bend met in the Committee of the July 14, 1980, at 7:17 p.m., with eight members present. Chairman Szymkowiak 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. 14 -80 OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION RELATING TO THE BERTRAND PRODUCTS, INC. PROJECT. This being the time heretofore set for public hearing on the above bill, proponents and opponent were given an opportunity to be heard. Mr. Kenneth Fedder, attorney for the Economic Develop- ment Commission, made the presentation for the bill. He indicated this $475,000.00 issue would be used for the construction of a building and.purchase of equipment. He said the new facility would create an additional twenty -five jobs. Council Member Kopczynski made a motion to recom- mend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. BILL NO. 51 -80 A BILL AMENDING CHAPTER 21, ARTICLE 2, DIVISION 7, SECTION 21 -18 COMMONLY KNOWN AS THE MUNICIPAL CODE OF SOUTH BEND, INDIANA (CONTROLLED USE -EAST BANK.) This being the time heretofore set for public hearing on the above bill, proponents and opponent were given an opportunity to be heard. Ms. Ann Kolata, Director of Redevelopment, made the presentation for the bill. She indicated this bill was necessary in order to produce the type of development that was expected to occur in the East Bank Area. She indicated this area was a redevelopment area and all uses within that area would have to be approved by them, therefore, control could be maintained. Council Member McGann made a motion to substitute a new bill filed with the City Clerk, which corrects the legal description, for the original bill, seconded by Council Member Taylor. The motion carried. Mr. Tom Suddis, 517 E. Jefferson, a developer of property in the East Bank Area, spoke in favor of this bill. James Groves, attorney re- presenting Azars, indicated there could be a legal problem with the repayment of the Economic Development Bond issued to the Moonraker, as the restaurant could be jeopardized by this action. He asked that this bill be tabled for further investigation and consideration. Henry Hoover, attorney representing the Boat Club, Barnaby's and a restaurant in the area concerned, indicated that all of these businesses have provided for off- street parking and there would be a parking problem with this development. Council Member Kopczynski indicated that the question of off - street parking and the bond for the Moonraker should be studied. He made a motion to continue this bill until the next meeting. The motion failed for a lack of a second. Council Member Taylor made a motion to recommend this bill to the Council favorable, seconded by Council Member Beck. The motion carried. REGULAR MEETING COMMITTEE OF BILL NO. 69 -80 This being the were given an o presentation fo dicated that wh sixty days to s on State Road 2 Edison Road tha to 35 feet in h on State Road 2 He indicated th indicated there He indicated th he questioned w to table this b to continue thi pass. Council seconded by Cou Council Member motion carried WHOLE MEETING (CONTINUED JULY 14, 1980 A BILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (EDISON ROAD AND STATE ROAD 23.) ime heretofore set for public hearing on the above bill, proponents and opponent: portunity to be heard. Mr. Richard Johnson, Director of Area Plan, made the the bill. He said this 31 acres was recently annexed into the City. He in- n land is annexed it comes into the City as "A" residential, and Area Plan has bmit a zoning bill to the Council. He said this zoning would allow for all lots to be zoned "C" commercial. He said there was one additional lot fronting on would also be zoned "C" commercial. He indicated this zoning limits structures fight and area, and would allow for commercial business to continue to develop James Groves, attorney representing RTM Development, spoke against this bill. annexation ordinance is still pending in the courts. Richard Hill, City Attorn( is no remonstrance pending because it was dismissed, and the annexation is valid t the Council could vote on this rezoning. Council President McGann indicated ether the Council had the legal right to change this zoning. He made a motion 11, seconded by Council Member Kopczynski. Council Member Voorde made a motion bill. The motion.failed for a lack of a second. The motion to table did not .ember Taylor made a motion to recommend this bill to the 'Council favorable, cil Member Serge. The motion carried. pczynski made a motion to recess, seconded by Council President McGann. The d the meeting was recessed at 8:16 p.m., and reconvened at 8:21 p.m. Council Member oorde made a motion to .reconsider a subsequent motion to continue Bill No. 69 -80 seconded by Cou cil President McGann. The motion failed on a roll call vote of three ayes and five nays (Coun it Members Serge, Szymkowiak, Beck, Taylor and Crone.) BILL NO. 70 -80 This being the were given an o: bill. He indic. the Mayor for t III, (d), chang bill, seconded dicated that th team felt this and a member of police departme . that money coul spoke against t rank be given t of the F.O.P., Member Crone in Council Member amount of $25,8 motion failed f by Council Memb Beck and Kopczy passed in March July. He made The motion Carr BILL NO. 71 -80 This being the were given an o by adding the s Battalion Chief installments; s indicated that torney represen three administr for the top thr with the City A top three ranks to contine Bill BILL NO. 72 -80 This being the were given an o sentation for t Building. Coun seconded by Cou A BILL FIXING THE ANNUAL PAY OF POLICE OFFICERS FOR THE CALENDAR YEAR 1981. ime heretofore set for public hearing on the above bill, proponents and opponent: portunity to be heard. Council President McGann, made the presentation for the ted the bill should be amended to include the amount of salary recommended to e Chief, $26,139; Division Chief, $24,170; Captains, $21,796; and in Section the amount from $290 to $302. Council Member Taylor made a motion to amend the y Council President McGann. The motion carried. Council President McGann in- F.O.P. had not ratified these salaries, however, he said the Council negotiatin€ as in the best interest of the City. Don Williams, vice president of the F.O.P.. the wage committee, indicated there was not "good faith" bargaining with the t. Maurice Cohn, 725 E. Eckman, spoke against these salaries. He indicated be found to give them larger increases. John Brassell, 3717 St. Johns Way, is bill. Mike Swanson, chairman of the wage committee, asked that the top - e same increase as the rest of the patrolmen. Terry Huff, 441 Preston, president ndicated that policemen would not sit still for inadequate wages. Council icated that the upper echelon should not receive any more than the rank and file eck made a motion to amend the top salaries to $1,000 across the board, or an 0 for the chief, $23,400 for the division chief, and $21,200 for captains. The r a lack of a second. Council Member Beck made a motion to recess, seconded r Kopczynski. The motion failed on a roll call vote of two ayes (Council Member ski) and six nays. Council Member Voorde indicated there was a resolution that the salaries for the police and fire will be adopted the last meeting in motion to continue this bill -until July 28, seconded by Council Member Beck. ed on a roll call vote of seven ayes and one nay (Council Member Taylor.) A BILL FIXING THE ANNUAL PAY OF FIREFIGHTERS FOR THE CALENDAR YEAR 1981. ;ime heretofore set for public hearing on the above bill, proponents and opponent ) portunity to be heard. Council Member McGann made a motion to amend this bill Llaries recommended by the Mayor for the Chief, $26,139; Assistant CHief, $24,170 $20,663; and in Section II, (e) change amount to $380 for holiday pay, and $190 )conded by Council Member Taylor. The motion carried. Council President McGann ;he wage agreement had been ratified by the firefighters. David Keckley, at- ;ing the firefighters, indicated they also opposed the large increase for the Ltive ranks. Council Member Voorde made a motion to continue the salaries ,e ranks until July 28, seconded by Council Member Kopczynski. After consultation ; torney, Council Attorney Cekanski indicated they did not recommend removing the from this bill. Council Member Voorde withdrew his motion. He made a motion No. 71 -90 to July 28, seconded by Council Member Kopczynski. The motion carried! A BILL APPROPRIATING $35,000.00 FROM THE Z0O ENDOWMENT FUND, FOR THE CONSTRUCTION OF THE EDUCATIONAL SERVICES WILDLIFE BUILDING AT POTAWATOMI PARK ZOO TO BE ADMINISTERED BY THE DEPARTMENT OF PARKS. :ime heretofore set for public hearing on the above bill, proponents and opponent: ) portunity to be heard. Mr. James Seitz, Superintendent of Parks, made the pre - te bill. He indicated this was the fourth payment from the trust for the Wildlif( ;il Member Taylor made a mtoion to recommend this bill to the Council favorable, icil Member Kopczynski. The motion carried. REGULAR MEETING JULY 14 1980 REGULAR MEETING RECONVENED (CONTINUED BILL NO. 73 -80 A BILL TO PROVIDE FOR THE CONTINUATION OF THE CUMULATIVE SEWER BUILDING AND SINKING FUND KNOWN AND DESIGNATED AS THE SEWAGE TREATMENT, STORM SEWER AND DISPOSAL PLANT.FUND, AND PROVIDING FOR A TAX LEVY OF NOT TO EXCEED ONE DOLLAR ANNUALLY FOR A PERIOD OF TWELVE YEARS. This being the time heretofore set for public hearing on the above bill, proponents and opponent: were given an opportunity to be heard. Mr. Patrick McMahon, Director of Public Works, made the presentation for the bill. He indicated this provided for the continuation of the Cumulativ4 Sewer Building and Sinking Fund, and establishes a tax levy not to exceed one dollar annually for twelve years. He said the City has chosen to reestablish the fund in order to make moneys available to provide for an efficient sewage system. He said they did not anticipate an increase from the present rate, due to the frozen tax levy. Council Member Serge made a motion to recom- mend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. BILL NO. 74 -80 A BILL APPROPRIATING $240,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC WORKS PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC WORKS. This being the time heretofore set for public hearing on the above bill, proponents and opponent were given an opportunity to be heard. Mr..Patrick McMahon, Director of Public,-Works, made the presentation for the _bill. He indicated these funds are needed to supplement the 1980 budget for paving and slurry programs. Council Member Serge made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. BILL NO. 75 -80 A BILL APPROPRIATING $14,000.00 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND FOR THE SUPPORT OF A NEIGHBORHOOD CLEAN -UP CREW TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DIVISION OF COMMUNITY DEVELOPMENT AND MAYOR'S ENVIRONMENTAL/ ACTION CENTER. 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 presentatio for the bill. He indicated this was a supplemental appropriation to a bill passed earlier to fund the environmental clean -up crew. Council Member McGann made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. BILL NO. 76 -80 A BILL APPROPRIATING THE SUM OF $25,000.00 TO ACCOUNT 722.0, MOTOR EQUIPMENT, WITHIN THE BUREAU OF SEWERS BUDGET OF THE SEWAGE WORKS DEPRECIATION FUND. SAID APPROPRIATION TO BE ADMINISTERED BY THE BUREAU OF SEWERS. This being the time heretofore set for public hearing on the above bill, proponents and opponent were given an opportunity to be heard. John Leszczynski, Director of Utilities, made the pre- sentation for the bill. He said they had programmed the replacement of one of the two vactor sewer cleaners in 1980. He said it was anticipated the unit would cost from $54,000 to $70,000, however, bids were received at $83,668.58. Council Member Serge made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. BILL NO. 77 -80 A BILL APPROPRIATING $3,000.00 FROM THE ETHNIC FESTIVAL FUND OF THE CITY OF SOUTH BEND, INDIANA, FOR THE PURPOSE OF DEFRAYING THE COSTS OF THE ETHNIC FESTIVAL TO BE ADMINISTERED BY THE DEPARTMENT OF ADMINISTRATION AND FINANCE. This being the time heretofore set for public hearing on the above bill, proponents and opponent were given an opportunity to be heard. Mr. Joseph Kernan, City Controller, made the presenta- tion for the bill. He indicated these additional funds were needed due to relocation of the festival, necessitating additional electrical work. He said this money was available in the Ethnic Festival Fund. Council Member Kopczynski requested a report on the entire expense of the Festival. Council Member Serge made a motion to recommend this bill to the Council favorabl seconded by Council Member McGann. The motion carried. BILL NO. 78 -80 A BILL APPROPRIATING $5,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR DEFRAYING THE EXPENSE OF PROVIDING A FIREWORKS DISPLAY IN CONJUNCTION WITH THE ETHNIC FESTIVAL. THIS APPROPRIATION WILL BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF ADMINISTRATION STD FINANCE. A public hearing was held on the resolution at this time. Mr. Joseph Kernan, City Controller, made the presentation for the bill. He indicated this appropriation was for the 1980 fireworks display. He said the City had contracted for a display of up to $7,000, and it was anticipated that the balance of the funds will be provided by public donations. Council Member Taylor made a motion to recommend this bill to the Council favorable, seconded by Council Member Beck. 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, and recess, seconded by Council Member Beck. The motion carried. ATTEST: ATTEST: CITY CLERK CHAIRMAN REGULAR MEETING} RECONVENED Be it remember d that the Common Council of the City of South Bend reconvened in the Council Chambers on th fourth floor of the County -City Building at 9:55 p.m. Council President McGann presiding and ight members present. BILLS. SECOND ORDINANCE NO. E This bill had by Council Me ORDINANCE NO. I ING 801 -80 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. 14 -80 OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION RELATING TO BERTRAND PRODUCTS, INC., PROJECT. econd reading. Council Member Taylor made a motion to pass this bill, seconded er Beck. The bill passed by a roll call vote of eight ayes. 802 -80 AN ORDINANCE AMENDING CHAPTER 21, ARTICLE 2, DIVISION 7, SECTION 21 -18 COMMONLY KNOWN AS THE MUNICIPAL CODE OF SOUTH BEND, INDIANA (CONTROLLED USE -EAST BANK.) This bill had econd reading. Council Member Taylor made a motion to amend this bill, as amen in the Committee of the Whole, seconded by Council Member Beck. The motion carried. Council Member Taylor made a motion to pass this bill, as amended, seconded by Council Member Beck. T bill passed by a roll call vote of seven ayes and one nay (Council Member Kopczynski.) ORDINANCE NO This bill had by Council Meml (Council Member 803 -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) (EDISON ROAD AND STATE ROAD 23.) econd reading. Council Member Taylor made a motion to pass this bill, seconded er Beck. The bill passed by a roll call vote of five ayes and three nays s Kopcyznski, Voorde and McGann.) BILL NO. 70 -80 A BILL FIXING THE ANNUAL PAY OF POLICE OFFICERS FOR THE CALENDAR YEAR 1981. Council Member Voorde made a motion to continue public hearing and second reading on this bill until July 28, 1980, seconded by Council Member Taylor. The motion carried. BILL NO. 71 -80 A BILL FIXING THE ANNUAL PAY OF FIREFIGHTERS FOR THE CALENDAR YEAR 1981. Council Member Voorde made a motion to continue public hearing and second reading on -this bill until July 28, 1980, seconded by CouncilMember Kopczynski. The motion carried. ORDINANCE N0. 804 -80 AN ORDINANCE APPROPRIATING $35,000.00 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 PARKS. This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Crone. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 805 -80 AN ORDINANCE TO PROVIDE FOR THE CONTINUATION OF THE CUMULATIVE SEWER BUILDING AND SINKING FUND KNOWN ANDDESIGNATED AS THE SEWAGE TREATMENT, STORM SEWER AND DISPOSAL PLANT FUND, FOR PROVIDING FOR A TAX LEVY OF NOT TO EXCEED ONE DOLLAR ANNUALLY FOR A PERIOD OF TWELVE YEARS. This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Beck. The bill passed by a call call vote of eight ayes. ORDINANCE NO. 806 -80 AN ORDINANCE APPROPRIATING $240,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC WORKS PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC WORKS. This bill had econd reading. Council Member Serge made a motion to pass this bill, seconded by Council Mem er Szymkowiak. The bill passed by a roll call vote of eight ayes. ORDINANCE N0. 807 -80 AN ORDINANCE APPROPRIATING $14,000.00 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND FOR THE SUPPORT'OF A NEIGHBORHOOD CLEAN -UP CREW TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DIVISION OF COMMUNITY DEVELOPMENT AND MAYOR'S ENVIRONMENTAL /ACTION CENTER. This bill had econd reading. Council Member Serge made a motion to pass this bill, seconded by Council Mem er Beck. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 808 -80 AN ORDINANCE APPROPRIATING THE SUM OF $25,000.00 TO ACCOUNT 722.0, MOTOR EQUIPMENT, WITHIN THE BUREAU OF SEWERS BUDGET OF THE SEWAGE WORKS DEPRECIATION FUND. SAID APPROPRIATION TO BE ADMINISTERED BY THE BUREAU OF SEWERS. This bill had econd reading. Council Member Serge made a motion to pass this bill, seconded by Council Mem er Beck. The bill passed by a roll call vote of eight ayes. ".•l REGULAR MEETING JULY 14, 1980 REGULAR MEETING RECONVENED (CONTINUED ORDINANCE NO. 6809 -80 AN ORDINANCE APPROPRIATING $3,000.00 FROM THE ETHNIC FESTIVAL FUND OF THE CITY OF SOUTH BEND, INDIANA, FOR THE PURPOSE OF DEFRAYING THE COSTS OF THE ETHNIC FESTIVAL TO BE ADMINISTRATED BY THE DEPARTMENT OF ADMINISTRATION AND FINANCE. This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 6810 -80 AN ORDINANCE APPROPRIATING $5,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR DEFRAYING THE EXPENSE OF PROVIDING A FIREWORKS DISPLAY IN CONJUNCTION WITH THE ETHNIC FESTIVAL. THIS APPROPRIATION WILL BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF AD- MINISTRATION AND FINANCE. This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of eight ayes. RESOLUTIONS RESOLUTION A RESOLUTION SETTING FORTH CERTAIN EQUITABLE GUIDELINES TO BE USED WHEN DETERMINING SALARIES FOR ALL MUNICIPAL EMPLOYEES FOR THE 1981 CALENDAR YEAR. A public hearing was held on the resolution at this time. Council Member Voorde indicated that in light of the Teamsters agreement of an across the board increase of $936 he was going to ask the Council to continue public hearing on this resolution until July 28. He made a motion to continue, seconded by Council Member Taylor. After a lengthly discussion, it was determined that due to the Teamsters agreement and the fact that the fire and police package included benefits, it would be difficult to come up with a dollar amount. Council Member Voorde with- drew his motion. Joseph Kernan, City Controller, spoke against this resolution. Patrick McMahon, Director of Public Works, spoke against this resolution and the procedure of giving across - the -board increases. Robert Warnock, business agent for Teamsters 364, explained how they negotiated the $936, which averages 7.9 %. Council Member Voorde made a motion to amend the resolution in Section II, second paragraph, fifth sentence, by adding salaried, between other and city, thus reading no other salaried city employee - - -. The motion failed for lack of a second. Council Member Crone made a motion to recess, seconded by Council Member Kopczynski. The motion carried and the meeting was recessed at 10:35 p.m., and reconvened at 10:50 p.m. Council Member Voorde indicated there continued to be confusion as to what dollar amount is represented in the firefighter's package. He made a motion to strike this resolution, seconded by Council Member Kopczynski. The motion carried. RESOLUTION NO. 793 -80 A RESOLUTION APPROVING BEACON HEIGHTS APARTMENTS. WHEREAS, a shortage of decent, safe and sanitary housing for persons and families exists in South Bend, Indiana (the "City "); WHEREAS, it is proposed that a housing project be financed and constructed in the City to be owned and operated by Beacon Heights, an Indiana limited partnership (the "Owner "), consisting of 174 units of housing for persons and families including elderly and handicapped persons, eligible for assistance under Section 8 of the United States Housing Act of 1937 (the "Project ") as amended; WHEREAS, the Beacon Heights Housing Development Corporation (the "Corporation "), a not - for- profit Indiana corporation, will be created to provide construction and permanent mortgage financing for the Project by issuing its Construction Loan Notes (FHA Insured Advances) (Beacon Heights Apartments) (the "Notes ") and its Mortgage Revenue Bonds (FHA Insured Mortgage - Section 8 Assisted Project) (the "Bonds:); WHEREAS, Section 11 (b) of the United States Housing Act of 1937 provides that interest paid on obligations issued by certain entities, such as the Corporation, to assist in finan- cing of housing, such as the Project, are tax - except, and the same section authorizes an exemption from taxation for income derived by such entities from such housing. WHEREAS, in order to obtain the tax exemption benefits of Federal law, it is necessary for the Housing Authority of the City of South Bend, Indiana (the "Authority ") to make certain. findings and enter into certain agreements with respect to the Project and the Corporation, which finds and agreements are set out in substantially the form of the Resolution attached hereto as Exhibit A; and WHEREAS, in order for the Housing Authority of the City of South Bend, Indiana to make such findings, enter into such agreements and engage in transactions contemplated by Exhibit A attached hereto, it is necessary, pursuant to IND. CODE ANN. Section 18- 7 -11 -8 (Burns), for the Common Council of South Bend, Indiana, the governing body which activated the Authority, to approve the Project; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the CIty of South Bend, Indiana, that: SECTION I. The project is hereby approved. SECTION 2. The adoption by the Authority of a Resolution is substantially the same form as Exhibit A attached hereto, is approved. SECTION 3. The authority's transactions contemplated by the Resolution, attached hereto as Exhibit A, are approved. SECTION 4. 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 REGULAR METING REGULAR MEETING RECONVENED (CONTINUED A public heari: this resolutio: this will brin; the Housing Au Member Szymkow The resolution g was held on th was designed to into South Bend hority adopted a 'ak made a motion was adopted by a JULY 14, 1980 resolution at this time. Mr. William Voor, attorney, indicat help promote a housing project, Beacon Heights. He indicated five and one -half million dollars for this project. He said resolution showing its approval of the project. Council to adopt this resolution, seconded by Council Member Serge. roll call vote of eight ayes. RESOLUTION NO. 794 -80 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY COMMONLY KNOWN AS 301 EAST SAMPLE STREET AS AN URBAN DEVELOPMENT AREA FOR PURPOSES OF TAX ABATEMENT CONSIDERATION. WHEREAS, Common Council requesting that and which more petition for real property tax abatement consideration has been filed with the of the City of South Bend pursuant to Section 2 -76(a) of the Municipal Code the area commonly known as 301 East Sample Street particularly described by a line drawn as follows: Lots Numbered Eleven (11), Twelve (12), Thirteen (13), Fourteen (14) Fifteen (15), Sixteen (16), Seventeen (17), Eighteen (18), Nineteen (19), and Twenty (20) as shown on the recorded plat of John C. Knoblock's Subdivision of Out Lot Thirtynine (39) in Denniston & Fellows, Addition to the Town, now City of South Bend, recorded March 28, 1902, in Plat Book 8, Page 69, together with the vacated East -West alley lying bet- ween Lots Numbered Fifteen (15) and Sixteen (16); excepting the South Forty (40) feet of Lots Numbered Nineteen (19) and Twenty (20) hereto- fore conveyed to the Civil City of South Bend, Indiana for street and roadway purposes. Also Lots Numbered Three (3), Four (4), Five (5), Six (6), Seven (7), Eight (8), Nine (9), Ten (10), Eleven (11) and Twelve (12) as shown on the recorded plat of William S. Anderson's Subdivision of Lot Numbered Forty (40) in Denniston and Fellows' Addition to the City of South Bend, in St. Joseph County, Indiana, together with the vacated East -West alley between Lots Numbered Nine (9), Ten (10), Eleven (11) and Twelve (12) on the North side, and Lots Numbered Three (3), Four (4), Five (5), Six (6), Seven (7) and Eight (8) on the South side, together with the vacated North -South alley lying between Lots numbered Six (6) and Seven (7) and together with the vacated North -South alley lying between Lots Numbered Five (5) and Six (6); excepting and South Forty (40) feet of Lots Numbered Seven (7) and Eight (8). be designated s an Urban Development Area under the provisions of Indiana Code 6 -1.1- 11.1 -1 and that the p blic utility and benefit of the project be determined; and WHEREAS, the Redevelopment Commission has conducted an investigation pursuant to Section 2 -77 of the Muilicipal Code and prepared a report determining that the area did not quality as an Urban Development Area under Indiana Code 6- 1.1- 12.1 -1, however, it has prepared maps and plats showing the boundaries and such other information as required by law of the area in question; and WHEREAS, the Human Resources and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Urban Development Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I That the Common Council hereby accepts the report and recommendation of the Human Resources and Economic Development Committee that the area herein described be designated an Urban Development Area and hereby adopts a resolution designating this area as an Urban Development Area for purposes of real property Tax Abatement. SECTION I . That the Common Council requests the City Clerk to submit this Resolution along with sup orting data to the Area Plan Commission for its written order approving or disapproving t is resolution. SECTION III. That the Common Council directs the City Clerk, upon receipt of the report of the Area Plan Commission to cause notice of the adoption of this resolution to be published said publication providing notice of the public hearing before the Common Council on said declaration. 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 /John Voorde Member of the Common Council REGULAR MEETING JULY 14, 1980 REGULAR MEETING RECONVENED (CONTINUED A public hearing was held on the resolution at this time. Council Member Voorde indicated this resolution was contrary to what Redevelopment recommended for several reasons; the new jobs that will be created, the new construction and the surrounding area. He indicated that the Mossberg property was being well maintained, but surrounding properties were not. Ernest Szarwark, attorney for Mossberg, spoke in favor of this resolution. Council Member Kopczynski made a motion to adopt this resolution, seconded by Council Member Serge. The resolution was adopted by a roll call vote of eight ayes. BILLS. FIRST READING BILL NO. 79 -80 A BILL AMENDING VARIOUS SECTIONS WITHIN CHAPTER 2, ARTICLE 1, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, COM- MONLY REFERRED TO AS THE COMMON COUNCIL. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading July 28, 1980, seconded by Council Member Crone. The motion car- ried. BILL NO. 80 -80 A BILL AMENDING CHAPTER 2, ARTICLE 5 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, BY THE ADDITION OF SECTION 2 -61 ENTITLED OLDER ADULTS COUNCIL. This bill had first reading. Council Member Crone made a motion to set this bill for public hearing and second reading July 28, 1980, and refer it to the Older Adults Committee, seconded by Council Member Taylor. The motion carried. BILL NO. 81 -80 A BILL FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 1981. This bill had first reading. Council Member Taylor made a motion to substitute the amended bill filed with the Clerk, and set it for public hearing and second reading July 28, 1980, and refer it to the Personnel and Finance Committee, seconded by Council Member Beck. The motion carried. BILL NO. 82 -80 A BILL FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, WITHIN THE DIVISION OF COMMUNITY DEVELOPMENT FOR THE YEAR FROM JULY 1, 1980 TO JUNE 30, 1981. This bill had first reading. Council Member Taylor made a motion that the Director's salary be changed from $22,664 to $23,199, and set the bill for public hearing and second reading July 28, and refer it to the Personnel and Finance Committee, seconded by Council Member Beck. The motion carried. BILL NO. 83 -80 A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE YOUTH SERVICE BUREAU "SHELTER ", A PROGRAM OPERATED THROUGH THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING 7 -1 -80 AND ENDING 6- 30 -81, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This bill had first reading. Council Member Beck made a motion to set this bill for public hearing and second reading July 28, 1980, and refer it to the Personnel and Finance Committee, seconded by Council Member Taylor. The motion carried. BILL NO. 84 -80 A BILL APPROPRIATING $4,357,000.00 FROM THE COMMUNITY DEVELOP- MENT BLOCK GRANT FUND FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DIVISION OF COMMUNITY DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING JULY 7, 1980 ANE ENDING JULY 6, 1981, TO BE AD- MINISTERED THROUGH THE DIVISION OF COMMUNITY DEVELOPMENT. This bill had first reading. Council Member Beck made a motion to set this bill for public hearing and second reading July 28, 1980, and refer it to the Human Resources Committee, seconded by Council Member Crone. The motion carried. BILL NO. 85 -80 A BILL APPROPRIATING $43,513.00 OF TITLE XX GRANT MONIES AND STATE YOUTH SERVICE BUREAU FUNDS FROM THE CITY OF SOUTH BEND YOUTH SERVICE BUREAU FUND FOR VARIOUS YOUTH SERVICE BUREAU ACTIVITIES DURING THE PERIOD JULY 1, 1980 THROUGH JUNE 30, 1981. This bill had first reading. Council Member Beck made a motion to set this bill for public hearing and second reading July 28, and refer it to the Personnel and Finance Committee, seconded by Council Member Voorde. There being no further business to come before the Council, unfinished or new, Council Member Taylor made a motion to adjourn, seconded by Council Member Beck. The motion carried and the meeting was adjourned at 11:25 p.m. ATTEST: 41"C' &_,—, CITY CLERK APPROVED: PRESIDENT