05-08-78 Council Meeting Minutes

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REGULAR MEETING MAY 8, 1978 COMMITTEE OF THE WHOLE MEETING (CONTINUED) BILL NO. 22 -78 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) (3451 LINCOLNWAY WEST.) G3 This being the time heretofore set for public hearing on the above bill, proponents and opponent! were given an opportunity to be heard. Mr. Russell Fisher, attorney for the petitioner, made the presentation for the bill. He asked that an amendment be made to delete Section I of the ordinance and petition. Council Member Adams made a motion to delete this section, seconded by Council Member Dombrowski. Mr. Fisher described the property sought to be rezoned. He said there would be two restaurants built in the _area. He indicated.that the property owners would police and keep the area clean. He said they would erect an eight foot fence on the north portion of the property. Council Member Szymkowiak asked if the site plan indicated the policinc of the area. Mr. John Wilson, the petitioner, indicated that the cleaning requirement was not or the site plan at the present time. Council Member Szymkowiak made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Miller. The motion Carrie( BILL NO. 42 -78 A BILL AMENDING CHAPTER 9, GENERALLY KNOWN AS THE FIRE PREVENTION ORDINANCE, BY DELETING CERTAIN PROVISIONS. This being the time heretofore set for public hearing on the above bill, proponents and ogoonents were given an opportunity to be heard. Mr. John DeLee, Building Commissioner, made the presenta- tion for the bill. He indicated that the Administrative Building Council approved all of the sections in the new Fire Code except two. He said the ordinance passed by the Council contained a requirement that all buildings exceeding 1500 square feet and open to th epublic be equipped with automatic sprinkling devices; and contained a ban on the use of carpeting on the ceilings or at a height of more than four inches from the floor. He said since these two provisions cannot be enforced, without approval of the Building Council, they should not be in the Municipa: Code. He said this bill will eliminate these unenforceable provisions. Mr. Paul Bognar, 807 W. Washington, asked who represented the City at the Building Council meeting. Mr. DeLee indicated that Mr. Gaylon Allsop had represented the City. 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. 50 -78 A BILL REDUCING THE 1978 MOTOR VEHICLE HIGHWAY BUDGET, IN THE AMOUNT OF $344,567.00 AS MANDATED BY THE OFFICE OF THE STATE BOARD OF TAX COMMISSIONERS. Mr. Patrick McMahon, Director of Public Works, asked the Council to have public hearing on the next three bills at this time. Council Member Parent made a motion to have public hearing on the next three bills, seconded by Council Member Adams. The motion carried. BILL NO. 52 -78 A BILL APPROPRIATING $440,000.00 FROM THE MOTOR VEHICLE HIGHWAY SPECIAL DISTRIBUTION FUND FOR VARIOUS PROGRAMS TO BE ADMINISTERED BY THE DEPARTMENT OF PUBLIC WORKS. BILL NO. 51 -78 A BILL APPROPRIATING $18,642.00 FROM THE FEDERAL DISASTER ASSISTANCE ADMINISTRATION REIMBURSEMENT FOR EXTRAORDINARY AND DIRECT COSTS INCURRED DURING THE BLIZZARD OF 1978, TO THE MOTOR VEHICLE HIGHWAY FUND, TO BE ADMINISTERED BY THE DEPARTMENT OF PUBLIC WORKS. BILL NO. 53 -78 A BILL APPROPRIATING $162,320.00 FROM LOCAL ROAD AND STREET- SPECIAL DISTRIBUTION FUND FOR EXTRAORDINARY AND DIRECT COSTS INCURRED AS THE RESULT OF SNOW REMOVAL OPERATIONS DURING 1978, TO BE ADMINISTERED BY THE DEPARTMENT OF PUBLIC WORKS. This being the time heretofore set for public hearing on the above bills, proponents and opponen were given an opportunity to be heard. Mr. Patrick McMahon, Director of Public Works, made the presentation for th ebills. He said the purpose of these filings was twofold; first to reduce th original MVH budget as mandated by the State Tax Board, and secondly, to appropriate available special funds to counter the mandated reduction and address the expenses of the 1978 Blizzard. He said the MVH Distribution will be made monthly starting in May and not in one single distribu He said he was forced to use the $162,320 for the LRSA account to meet these 1978 cash flow re- quirements. Council Member Miller asked why we were getting less money back from MVH. Mr. McMa indicated that the State estimates the amount. Council Member Adams asked if any of the vehicle to be purchased were passenger cars. Mr. McMahon indicated one for the Street Department. Council Member Adams indicated that perhaps they should purchase four -wheel drive vehicles. Council Member Adams made a motion to recommend Bill No. 50 -78 to the Council favorable,seconded by Council Member Szymkowiak. The motion carried. Council Member Parent made a motion to re- commend Bill No. 51 -78 to the Council favorable, seconded by Council Member Dombrowski. The motion carried. Council Member Dombrowski made a motion to recommend Bill No. 52 -78, to the Council favorable, seconded by Council Member Adams. The motion carried. Council Member Szymkowiak made a motion to recommend Bill No. 53 -78 to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 54 -78 A BILL APPROPRIATING $15,000.00 FROM LOCAL ROAD AND STREET - SPECIAL DISTRIBUTION FUND TO RPOJECT R &S 53, SAMPLE STREET (CHAPIN TO OLIVE) IMPROVEMENTS WITHIN THE LOCAL ROAD AND STREET- SPECIAL DISTRIBUTION FUND. This being the time heretofore set for public hearing on the above bill, proponents and opponen! were given an opportunity to be heard. Mr. Patrick McMahon, Director of Public Works, made the presentation for the bill. He said this appropriation represents the cost of the engineering wor] that must be completed if this project is to receive Federal funding. He said the City had suc cessfully pursued their application for these funds, and approximately $650,000 has been made available for the 1979 construction season. Council Member Adams made a motion to recommend thi bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. is :s