11-22-76 Council Meeting Minutes

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REGULAR MEETING NOVEMBER 22, 1976 COMMITTEE OF THE WHOLE MEETING (CONTINUED) Mr. Brunner said they felt it is necessary to have the approval of the Council. Council President Parent indicated he did not feel this was necessary since the State law mandated this power to the Board of Managers. Ms. Kathy Cekanski, Council's attorney, indicated she had briefly researched this subject, and it was her opinion that official action by the South Bend Council would not be necessary. Mr. Brunner indicated his department had had an opportunity to research this matter and they felt the proper way to handle this would be through a lease approved by the Council. Mrs Janet Allen, 125 W. Marion, indicated it was necessary that the Council proceed with this lease in order that the Art Center could go ahead with their fund drive. Council President Parent made a motion that thy- public hearing on the ordinance be continued until the December 13, 1976, meetinc of the Council. The motion failed since it did not receive a second. Mr. Fred Kahn, of the Art Center, made the presentation for the ordinance. He indicated the Art Center Board and the Centux Center Board had agreed to accept the lease that was presented to the Council. He said it was a five year lease which is drawn up for two years, with a three year renewal and calls for $3,000 per month. He said the Art Center is given access to the parking facilities. Mrs. Janet Allen in dicated the Art Center Board had worked very hard to get this and there should be no stumbling blocks in their way. Council Member Adams indicated that since the Council was approving the tax dollars being spent on Century Center they should have the opportunity to pass on the lease. She made a motion to recommend this ordinance to the Council favorably, seconded by Council Member Szymkowiak. Council President Parent indicated he felt that the Council was procedurally incorrec He asked if the Board of Public Works had approved this lease. Mr. Peter Mullen, City Controller, indicated that he believed the Board of Managers act for Century Center exactly as the Board of Works acts for the City. Council President Parent said he would like to have permission to abstai from voting on this matter, since he felt it was procedurally incorrect. Council Member Taylor indicated he was willing to make a procedural error because the Art Center was anxious to move ahead with their fund drive. He said before this type of thing comes before the Council again he would like to have some type of decision as to whether this is procedurally correct. Council Member Taylor made a motion to allow Council President Parent to abstain, seconded by Council Member Miller. The motion carried. Council Member Horvath indicated he would vote against this matter because unless the Board of Works was involved he did not want to be involved in anything they did not handle first. Council Member Dombrowski indicated he would not vote on this matter because he felt the Council should have been involved when the lease was drawn up. Council Member Miller said he felt that some of the Council's concerns were unfounded since he was involved in this lease as chairman of the committee and they did have a meeting with the Council regarding thi matter. A roll call vote was taken on the motion to recommend this to the Council favorably. The motion carried by a vote of six ayes (Council.Members Serge, Szymkowiak, Miller, Taylor, Kopczynsk and Adams) two nays (Council Members Dombrowski & Horvath) and one abstention (Council President Parent) . ORDINANCE AN ORDINANCE APPROPRIATING $18,000 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS CODE ENFORCEMENT PROGRAMS TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPART- MENT OF LAW. This being the time heretofore set for public hearing on the above ordinance, proponents and op- ponents were given an opportunity to be heard. Mr. Peter Mullen asked that this matter, as well as 3H on the agenda be continued until the December 13, 1976, meeting of the Council. He said they were getting a decision from the State Tax Board concerning the funding of these ordinances. Council Member Adams made a motion to continue public hearing and second reading until December 1 1976, seconded by Council Member Dombrowski. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $13,000.00 FROM THE COMMUNITY DEVELOPMENT GRANT FUND, FOR BELLEVILLE PARK, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC PARKS. This being the time heretofore set for public hearing on the above ordinance, proponents and op- ponents were given an opportunity to be heard. Mr. James Seitz, Superintendent of Public Parks, made the presentation for the ordinance. He said this money would be used for bleachers and fencing at Belleville Park. Mr. Gene Evans, Executive Secretary of the Civic Planning Associatio questioned the necessity of installing bleachers during the vuinter season. He also asked if ther was any other alternative that could be used rather than spend this money for bleachers. Mr. Seitz indicated this was a good winter project, since his department was too busy to do this duri the summer months. Council Member Serge made a motion that this ordinance be recommended to the Council favorably, seconded by Council Member Kopczynski. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $2,000.00 FROM THE COMMUNITY DEVELOPMENT GRANT FUND FOR LASALLE PARK, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENTOF PUBLIC PARKS. This being the time'heretofore set for public hearing on the above ordinance, proponents and op- ponents were given an opportunity to be heard. Mr. James Seitz, Superintendent of Public Parks, madetihe: presentation for the ordinance. He said this money would be used to fence in the softbal field at LaSalle Park. Council Member Dombrowski made a motion that this ordinance be recommende to the Council favorably, seconded by Council President Parent. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $21,000.00 FROM THE COMMUNITY DEVELOPMENT GRANT FUND, FOR PARK EQUIPMENT, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENTOF PUBLIC PARKS. This being the time heretofore set for public hearing on the above ordinance, proponents and op- ponents were given an opportunity to be heard. Mr. James Seitz, Superintendent of Public Parks, made the presentation for the ordinance.