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REGULAR MEETING MAY 8, 1978 <br />COMMITTEE OF THE WHOLE MEETING (CONTINUED) <br />BILL NO. 22 -78 <br />A BILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, <br />COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY <br />OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) <br />(3451 LINCOLNWAY WEST.) <br />G3 <br />This being the time heretofore set for public hearing on the above bill, proponents and opponent! <br />were given an opportunity to be heard. Mr. Russell Fisher, attorney for the petitioner, made <br />the presentation for the bill. He asked that an amendment be made to delete Section I of the <br />ordinance and petition. Council Member Adams made a motion to delete this section, seconded <br />by Council Member Dombrowski. Mr. Fisher described the property sought to be rezoned. He <br />said there would be two restaurants built in the _area. He indicated.that the property owners <br />would police and keep the area clean. He said they would erect an eight foot fence on the north <br />portion of the property. Council Member Szymkowiak asked if the site plan indicated the policinc <br />of the area. Mr. John Wilson, the petitioner, indicated that the cleaning requirement was not or <br />the site plan at the present time. Council Member Szymkowiak made a motion to recommend this <br />bill to the Council favorable, as amended, seconded by Council Member Miller. The motion Carrie( <br />BILL NO. 42 -78 A BILL AMENDING CHAPTER 9, GENERALLY KNOWN AS THE <br />FIRE PREVENTION ORDINANCE, BY DELETING CERTAIN <br />PROVISIONS. <br />This being the time heretofore set for public hearing on the above bill, proponents and ogoonents <br />were given an opportunity to be heard. Mr. John DeLee, Building Commissioner, made the presenta- <br />tion for the bill. He indicated that the Administrative Building Council approved all of the <br />sections in the new Fire Code except two. He said the ordinance passed by the Council contained <br />a requirement that all buildings exceeding 1500 square feet and open to th epublic be equipped <br />with automatic sprinkling devices; and contained a ban on the use of carpeting on the ceilings <br />or at a height of more than four inches from the floor. He said since these two provisions <br />cannot be enforced, without approval of the Building Council, they should not be in the Municipa: <br />Code. He said this bill will eliminate these unenforceable provisions. Mr. Paul Bognar, 807 W. <br />Washington, asked who represented the City at the Building Council meeting. Mr. DeLee indicated <br />that Mr. Gaylon Allsop had represented the City. Council Member Taylor made a motion to re- <br />commend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion <br />carried. <br />BILL NO. 50 -78 A BILL REDUCING THE 1978 MOTOR VEHICLE HIGHWAY BUDGET, IN THE <br />AMOUNT OF $344,567.00 AS MANDATED BY THE OFFICE OF THE STATE <br />BOARD OF TAX COMMISSIONERS. <br />Mr. Patrick McMahon, Director of Public Works, asked the Council to have public hearing on the <br />next three bills at this time. Council Member Parent made a motion to have public hearing on <br />the next three bills, seconded by Council Member Adams. The motion carried. <br />BILL NO. 52 -78 A BILL APPROPRIATING $440,000.00 FROM THE MOTOR VEHICLE <br />HIGHWAY SPECIAL DISTRIBUTION FUND FOR VARIOUS PROGRAMS <br />TO BE ADMINISTERED BY THE DEPARTMENT OF PUBLIC WORKS. <br />BILL NO. 51 -78 A BILL APPROPRIATING $18,642.00 FROM THE FEDERAL DISASTER <br />ASSISTANCE ADMINISTRATION REIMBURSEMENT FOR EXTRAORDINARY <br />AND DIRECT COSTS INCURRED DURING THE BLIZZARD OF 1978, TO <br />THE MOTOR VEHICLE HIGHWAY FUND, TO BE ADMINISTERED BY THE <br />DEPARTMENT OF PUBLIC WORKS. <br />BILL NO. 53 -78 A BILL APPROPRIATING $162,320.00 FROM LOCAL ROAD AND STREET- <br />SPECIAL DISTRIBUTION FUND FOR EXTRAORDINARY AND DIRECT COSTS <br />INCURRED AS THE RESULT OF SNOW REMOVAL OPERATIONS DURING <br />1978, TO BE ADMINISTERED BY THE DEPARTMENT OF PUBLIC WORKS. <br />This being the time heretofore set for public hearing on the above bills, proponents and opponen <br />were given an opportunity to be heard. Mr. Patrick McMahon, Director of Public Works, made the <br />presentation for th ebills. He said the purpose of these filings was twofold; first to reduce th <br />original MVH budget as mandated by the State Tax Board, and secondly, to appropriate available <br />special funds to counter the mandated reduction and address the expenses of the 1978 Blizzard. <br />He said the MVH Distribution will be made monthly starting in May and not in one single distribu <br />He said he was forced to use the $162,320 for the LRSA account to meet these 1978 cash flow re- <br />quirements. Council Member Miller asked why we were getting less money back from MVH. Mr. McMa <br />indicated that the State estimates the amount. Council Member Adams asked if any of the vehicle <br />to be purchased were passenger cars. Mr. McMahon indicated one for the Street Department. <br />Council Member Adams indicated that perhaps they should purchase four -wheel drive vehicles. <br />Council Member Adams made a motion to recommend Bill No. 50 -78 to the Council favorable,seconded <br />by Council Member Szymkowiak. The motion carried. Council Member Parent made a motion to re- <br />commend Bill No. 51 -78 to the Council favorable, seconded by Council Member Dombrowski. The <br />motion carried. Council Member Dombrowski made a motion to recommend Bill No. 52 -78, to the <br />Council favorable, seconded by Council Member Adams. The motion carried. Council Member <br />Szymkowiak made a motion to recommend Bill No. 53 -78 to the Council favorable, seconded by <br />Council Member Dombrowski. The motion carried. <br />BILL NO. 54 -78 <br />A BILL APPROPRIATING $15,000.00 FROM LOCAL ROAD AND STREET - <br />SPECIAL DISTRIBUTION FUND TO RPOJECT R &S 53, SAMPLE STREET <br />(CHAPIN TO OLIVE) IMPROVEMENTS WITHIN THE LOCAL ROAD AND <br />STREET- SPECIAL DISTRIBUTION FUND. <br />This being the time heretofore set for public hearing on the above bill, proponents and opponen! <br />were given an opportunity to be heard. Mr. Patrick McMahon, Director of Public Works, made the <br />presentation for the bill. He said this appropriation represents the cost of the engineering wor] <br />that must be completed if this project is to receive Federal funding. He said the City had suc <br />cessfully pursued their application for these funds, and approximately $650,000 has been made <br />available for the 1979 construction season. Council Member Adams made a motion to recommend thi <br />bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. <br />is <br />:s <br />