03-23-81 Council Meeting Minutes

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I REGULAR MEETING MARCH 23, 1981 Irene Gammon, City Clerk, indicated that when her office was asked when this bond ordinance became effective they checked the advertising date, and gave the second date. She indicated that normally the effective date of any ordinance that requires legal publication is on the second date. She indicated since this was not the case on this ordinance, she asked Mr. Hill the City Attorney, to explain to the audience part 1 and part 2 of the legal publication as it effects the due date. Richard Hill, City Attorney, indicated that the notice published in the paper was a dual notice, the first part was required by Indiana Law to determine the remonstrance period, and the second paragraph was under a statuatory section which provided that tax payers can file an appeal with the County Auditor. Council Member Crone indicated she had a few questions she would like to ask to clarify this matter for the public. She asked the Mayor when the adminstration first discussed the possiblity of the remonstrance petitions being thrown out because they were not certified when they were filed with the City Clerk. Mayor Parent indicated they never anticipated that mistake would be made. He indicated they never anticipated any mistakes. She asked what other steps have to be taken to approve the bond if this resolution is passed tonight. Richard Hill, City Attorney, indicated that on the Agenda for first reading was an appropri- ation ordinance, which by its nature is not a bond ordinance but is statutorily re- quired for any additional appropriation. He indicated that would mean that it is under the tax control statute and would have to have two publications between first and second reading. He indicated this was needed since none of the expenditures in the bond issue are in the current budget. She asked if the petitions had to be re- viewed by State Board of Tax Commissioners. Mr. Hill indicated that State Board does not have jurisdiction regarding the petitions. Council Member Crone asked the City Clerk when she received the remonstrance petitions. Mrs. Gammon indicated that she received them on February 16, around 4:00 p.m. Council Member Crone asked Mrs. Gammon if she informed the remonstrators they had to be certified at that time. Mrs. Gammon indicated that the remonstrators knew that when they were filed in Clerk's office they had to go to the Auditor's office to be certified. Council Member Crone asked Mrs. Gammon when she delivered the petitions to the Auditor. Mrs. Gammon indicated they were delivered the next morning. Council Member Crone asked if the petitions in favor of the bond issue had been certified before they were filed with her. Mrs. Gammon indicated they were. Council Member Crone asked if Mrs. Gammon had discussed the possible defect with the Administration, prior to the deadline passing. Mrs. Gammon indicated she had not. Council Members Crone, Dombrowski, Voorde and McGann spoke against this resolution. Council Members Serge, Kopczynski, Taylor, Beck, Szymkowiak spoke in favor of this resolution. Council Member Taylor made a motion to adopt this resolution, seconded by Council Member Beck. The resolution passed by a roll call vote of five ayes and four nays (Council Members Crone, Dombrowski, Voorde and McGann.) Council Member Dombrowski made a motion to recess, seconded by Council Member Taylor. The motion carried and the meeting was recessed at 10:52 p.m., and reconvened at 11:05 p.m. BILLS, FIRST READING BILL NO. 22 -81 A BILL APPROPRIATING $40,000.00 FROM THE ZOO ENDOWMENT FUND, FOR THE CONSTRUCTION OF THE EDUCATIONAL SERVICES WILDLIFE BUILDING AT POTAWATOMI PARK ZOO TO BE ADMINISTERED BY THE DEPARTMENT OF PUBLIC PARKS. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading April 13, 1981, seconded by Council Member Dombrowski. The motion carried. BILL NO. 23 -81 A BILL APPROPRIATING $20,000.00 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, INDIANA, THROUGH THE NEIGHBORHOOD CODE EN- FORCEMENT OFFICE. Council Member Taylor made a motion to set this bill for public hearing and second reading April 13, 1981, seconded by Council Member Dombrowski. The motion carried. BILL NO. 24 -81 ABILL TO AMEND SOUTH BEND MUNICIPAL CODE SECTION 20 -26, TO CLARIFY THE PROVISIONS RELATING TO THE PURPOSES AND AUTHOR- ITY OF THE MAYOR'S CITIZENS TRAFFIC COMMISSION. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading April 13, 1981, seconded by Council Member Crone. The motion carried. BILL NO. 25 -81 A BILL APPROPRIATING $500,000.00 FROM THE 1979 COMMUNITY DEVELOPMENT BLOCK GRANT FOR ACQUISITION, RELOCATION AND CLEARANCE ACTIVITIES IN THE EAST BANK AND MONROE- SAMPLE DEVELOPMENT AREAS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE DEPARTMENT OF REDEVELOPMENT. This bill had first reading. Council Member Serge made a motion to set this bill for public hearing and second reading April 13, 1981, seconded by Council Member Dom- browski. The motion carried.