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HomeMy WebLinkAbout06-28-82 Council Meeting MinutesREGULAR MEETING JUNE 28, 1982 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, June 28, 1982, at 7:00 P.M. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Szymkowiak Beck, Taylor, Zielinski, Crone, Dombrowski, Voorde and McGann Absent: Council Member Serge 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 res- pectfully report that it has inspected the minutes of the June 14, 1982, meeting of the Council and found them correct. 30 REGULAR MEETING JUNE 28, 1982 The sub - committee, therefore, recommends that the same be approved. /s/ Lewis A. McGann /s/ Beverly D. Crone Council Member Dombrowski made a motion that the minutes of the June 14, 1982, meeting of the Council be accepted and placed on file, seconded by Council Member Zielinski. The motion carried. SPECIAL BUSINESS Council Member Crone made a motion to appoint Janeanne Petrass to the Historic Preservatic Commission, to fill the term of Joyce Shirk who has resigned, seconded by Council Member Tqaylor. The motion carried. REPORTS Council Member Voorde indicated that the Human Resources and Economic Development Committee had met regarding bill nos. 64 and 65 and recommended them favorable. Council Member Voorde indicated that the Public Works Committee had met on bill nos. 62 and 63, and recommended them favorable. Council Member Crone indicated that the Personnel & Finance Committee had met and reviewed Bill No. 61 -82, and recommended the substitute bill favorable. Council Member Dombrowski made a motion to resolve into the Committee of the Whole, seconded by Council Member Zielinski. The motion carried. COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on June 14, 1982, at 7:04 p.m., with nine members present. Chairman Voorde presiding. BILL NO. 46 -82 A BILL APPROPRIATING FUNDS FROM THE SEWER REPAIR FUND TO CERTAIN LINE ITEMS WITHIN THE SEWER REPAIR INSPECTORS BUDGET OF THE SEWER REPAIR FUND. Now is the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Michael Vance, Director of Utilities, made the presentation for the bill. He indicated the bill should be amended in Section I, by reducing the amount to $25,530; and reducing account 110, to $10,124; account 148 to $980; account 148.1 to $609; and account 222 to $800. Council Member Beck made a motion to amend the bill, seconded by Council Member Zielinski. The motion carried. Mr. Vance indicated that the original ordinance contained a section covering the administrative costs of running this program. He indicated they did not ask for funds at that time, because they did not know what the costs would be. He indicated that the running of this program as taxing the duties of the Department of Sanitation, therefore, they were asking for funds to cover administative costs. Council Member McGann made a motion to amend this bill by cutting the funding in half, for a total of $12,765, seconded by Council Member Dombrowski. The motion carried. Council Member Taylor made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Zielinski. The motion carried. BILL NO. 49 -82 A BILL DESIGNATING AND ESTABLISHING AN HISTORIC LANDMARK UNDER ORDINANCE NO. 5565 -73, AMENDING ORDINANCE NO. 4990- 68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND (518 NORTH LAFAYETTE.) Council Member McGann made a motion to continue public hearing on this bill indefinitely, seconded by Council Member Dombrowski. The motion carried. BILL NO. 61 -82 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 4 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, BY THE INCLUSION OF NEW SECTION 4 -22 ENTITLED CARNIVALS, CIRCUSES OR FAIRS. Now is the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Dombrowski made a motion to to accept the substitute bill filed with the City Clerk, seconded by Council Member McGann, the motion carried. Council Member Crone made the presentation for the bill. She indicated that at the time the Council passed the new license ordinance several sections were eliminated, after careful review with the legal department and the City Controller's office. However, the Legal Department says they are unable to control the problem of carnivals under the present ordinances. She indicatd this -bill goes several steps further than the former licensing ordinance. She indicated there would be mandatory parking requirements, restroom facilities, regulation of ingress and egress to public roads, noise control, litter control, crowd control, and hours of operation. She indicated that the substitute bill refers only to circuses and carnivals, it eliminated fairs. Richard Hill, City Attorney, indicated that the substitute bill was a combined effort, and they believed the bill will protect neighbor Fred Rice 717 S. Kentucky; Mary Rice 717 S. Kentucky; Sandra and Cindy Jimenez, 26038 Grant Rd; spoke in opposition to this bill. Council member Szymkowiak made a motion to revcommend this bill to the Council favorable, as amended, seconded by Council Member Dombrowski. The motion carried. n° REGULAR MEETING JUNE 28, 1982 BILL NO.62 -82 A BILL APPROPRIATING $260,000.00 FROM THE LOCAL ROAD AND STREET FUND TO PROJECT R &S 8203, ARDMORE TRAIL WIDENING AND SIGNALIZATION PROJECT, WITHIN THE LOCAL ROAD AND STREET FUND. Now is the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. John Leszczyski, Director of Public Works, made the presentation for the bill. He indicated this project entails the widening and signalization of Armore Trail from Sheridan to Kentucky Street. He indicated that Ardmore Trail will be a much safer stree to travel. Council Member Szymkowiak made a motion to recommend this bill to the Council favorable, seconded by Council member Zielinski. The motion carried. BILL NO. 63 -82 A BILL APPROPRIATING $100,000.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND TO PROJECT CS819, ADMORE TRAIL STORM SEWERS PROJECT, WITHIN THE CUMULATIVE SEWER BUILDING AND SINKING FUND. Now is the time heretofore set for public hearing opponents were given an opportunity to be heard. Public Works, made the presentation for the bill. would be used for installation of storm sewers on Szymkowiak made a motion to recommend this bill ti Council Member Taylor. The motion carired. BILL NO. 64 -82 on the above bill, proponents and John Leszczynski, Director of He indicated this appropriation Armore Trail. Council Member D the Council favorable, secondedby A BILL APPROPRIATING $30,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING FOR THE STUDEBAKER MUSEUM TO BE ADMINISTRERED BY THE DEPARTMENT OF ADMINISTRATION AND FINANCE OF THE CITY OF SOUTH BEND, INDIANA. Now is the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Gust Saros, Director of Discovery Hall, indicated this appropriation would be used toward the display of the Studebaker Vehicle collection. He indicated that half of this money will be put into the escrow account to guarantee the rent on the Freeman - Spicer Building, and the other half will be used to assist with the costs incurred moving the Studebaker collection into the new location. Council Member McGann made a motion to recommend this bill to the Council favorable, seconded by Council Member Beck. The motion carried. BILL NO. 65 -82 A BILL APPROPRIATING $2,315,683.00 FROM THE COMMUNITY DEVELOPMENT 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, 1982 AND ENDING MARCH 31, 1983, TO BE ADMINISTERED THROUGH THE DIVISION OF COMMUNITY DEVELOPMENT. Now is the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Jon Hunt, Director of Human Resources and Economic Development, made the presentation for the bill. He indicated the bill should be amended in the Statement of Purpose and Intent, by adding will receive on or about July 7, 1982; and in Section I, reduce Real Services Handyman Program to $7,000. Council Member McGann made a motion to amend this bill, seconded by Council Member Dombrowski. The motion carried. Mr. Hunt indicated this appropriation would be used for thirty activities. He indicated the difference between the total $4,176,000 of programmed income /1982 entitlement and the $2,315,683 of this appropriation ordinance consists of the following itesm; Section 108 Loan Repayment, Competitive Group Housing and Unspecified Local Option. He indicated that these activities were previously discussed with the Council on May 10, 1982, and at that time you received a handout which gives a concise description of the project activities and funding amount. Council Member McGann made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Szymkowiak. 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, seconded by Council Member Dombrowski. The motion carried. ATTEST: / /L�� City Clerk REGULAR MEETING RECONVENED ATTEST: hair n Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 7:55 p.m. Council Prsident McGann presiding and eight members present. BILLS, SECOND READING 4 REGULAR MEETING JUNE 28, 1982 ORDINANCE NO. 7066 -82 AN ORDINANCE APPROPRIATING FUNDS FROM THE SEWER REPAIR FUND TO CERTAIN LINE ITEMS WITHIN THE SEWER REPAIR INSPECTORS BUDGET OF THE SEWER REPAIR FUND. This bill had second reading. Council Member Taylor made a bill, as amended in the Committee of the Whole, seconded by The motion carried. Council Member Taylor made a motion to seconded by Council Member Dombrowski. The bill passed by ayes. ORDINANCE NO. 7067 -82 motion to amend this Council Member Beck. pass the bill, as amended, a roll call vote of eight AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 4 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, BY THE INCLUSION OF NEW SECTION 4 -22 ENTITLED CARNIVALS, CIRCUSES OR FAIRS. This bill had second reading. Council Member Taylor made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Dombrowski. The motion carried. Council Member Taylor made a motion to pass the bill, as amended, seconded by Council Member Dombrowski. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 7068 -82 AN ORDINANCE APPROPRIATING $260,000.00 FROM THE LOCAL ROAD AND STREET FUND TO PROJECT R &S 8203, ARDMORE TRAIL WIDENING AND SIGNALIZATION PROJECT, WITHIN THE LOCAL ROAD AND STREET FUND. This bill had second reading. Council Member Beck made a motion to pass this bill, seconded by Council Member Szymkowiak. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 7069 -82 AN ORDINANCE APPROPRIATING $100,000.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND TO PROJECT CS819, ADMORE TRAIL STORM SEWERS PROJECT, WITHIN THE CUMULATIVE SEWER BUILDING AND SINKING FUND. This bill had second reading. Council Member Szymkowiak 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. 7070 -82 AN ORDINANCE APPROPRIATING $30,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING FOR THE STUDEBAKER MUSEUM TO BE ADMINISTRERED BY THE DEPARTMENT OF ADMINISTRATION AND FINANCE OF THE CITY OF SOUTH BEND, INDIANA. This bill had second reading. Council Member Beck made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 7071 -82 AN ORDINANCE APPROPRIATING $2,315,683.00 FROM THE COMMUNITY DEVELOPMENT 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, 1982 AND ENDING MARCH 31, 1983, TO BE ADMINISTERED THROUGH THE DIVISION OF COMMUNITY DEVELOPMENT. This bill had second reading. Council Member Beck made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Taylor. The motion carried. Council Member Beck made a motion to pass the bill, as amended, seconded by Council Member Taylor. The bill passed by a roll call vote of eight ayes. RESOLUTIONS RESOLUTION A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING THE ISSUANCE OF A SCRAP DEALER'S LICENSE TO HERMAN T. WILLIAMS, D /B /A SOUTH MAIN AUTO PARTS, 1819 SOUTH MAIN STREET, SOUTH BEND, INDIANA. Council Member Dombrowski made a motion to continue this resolution indefinitely, seconded by Council Member Zielinski. The motion carried. RESOLUTION NO. 96jr- 82 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE AWARD OF ONE CONTRACT IN EXCESS OF $10,000.00 FOR THE PURCHASE OF PAINT THROUGH THE COMMUNITY DEVELOPMENT PAINT -UP PROGRAM AND MONROE /SAMPLE PAINT -UP PROGRAM AS ADMINISTERED BY THE BUREAU OF HOUSING. 05 REGULAR MEETING JUNE 28, 1982 WHEREAS, low bids for the purchase of paint under the Community Development Paint -up and Monroe /Sample Paint -up programs have exceeded $10,000. NOW, THEREFORE BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana; 1. That approval be granted to the Redevelopment Commission of the City of South Bend, Indiana, to enter into a contract with C. E. Lee Company, Inc., to supply paint for the Paint -up programs. The total amount of the contract shall not exceed thirty -eight thousand dollars ($38,000.00). 2. That this resolution shall be in full force and effect from and after its adoption by the Common Council and its approval by the Mayor of the City of South Bend, Indiana. /s/ Lewis A. McGann Member of the Common Council A public hearing was held on the resolution at this time. Kathryn Baumgartner, Director of the Bureau of Housing, indicated there were three Paint -up programs operating in the City; Monroe /Sample Street Area, one city -wide to any homeowner cited by Neighborhood Code Enforcement for peeling paint, and one with the Neighborhood Groups within the strategy areas who are painting homes of elderly and /or handicapped individuals. Fred Rice, & Mary Rice, 717 S. Kentucky; Jane Swan, 1706 S. Walnut, spoke against the price of this paint. Kathy Baumgartner indicated the paint was publically bid and had certain requirements. Council Member Szymkowiak made a motion to adopt this resolution, seconded by Council member Beck. The resolution was adopted by a roll call vote of five ayes and three nays (Councvil Members Crone, Drombowski and Voorde.) RESOLUTION NO. 968 -82 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT TO THE UNITED STATES GOVERNMENT, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AN APPLICATOIN FOR A GRANT UNDER THE "PARTNERSHIPS FOR NEIGHBORHOOD SERVICE DELIVERY DEMONSTRATION PROGRAM." WHEREAS, the City of South Bend, acting through the office of the Mayor and the Common Council, has successfully sought to supplement existing revenue sources through discretionary funds from Departments of the United States Government; and WHEREAS, the purpose of the Partnerships For Neighborhood Service Delivery Demonstration Program is to strengthen the links between the executive departments of the City of South Bend and neighborhood based organizations in order to lead to increased levels of service delivery to Cty residents; and WHEREAS, the Mayor is the Chief Executive Officer of the City, and is the applicant for a grant called "Partnerships For Neighborhood Service Delivery Demonstration Program" under the auspices of the United States Department of Hosuing and Urban Development. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of South Benfd, Indiana: SECTION I. Hereby establish the authority of the Mayor of the City of South Bend to submit an application for funds in the amount of One Hundred Thousand ($100,000) dollars to the United States Department of Housing and Urban Development under the "Partnerships For Neighborhood Service Delivery Demonstration Program." SECTION II. Hereby designates the Department of Development as the administrative agent for the program. The Department of Development shall submit to the Common Council in a line item budget in ordinance from prior to any expenditures of any grant money received upon approval of this application. SECTION III. The Department of Development shall submit a copy of the "Partnerships For Neighborhood Service Delivery Demonstration Program" to the members of the Common Council prior to submittal of the grant application to the Department of Housing and Urban Development. SECTION IV. This resolution shall be in full force and effect from and after its adoption by theCommon Council and approval by the Mayor. /s /Lewis A. McGann Member of the Common Council A public hearing was held on the resolution at this time. Jon Hunt, Director of the Department of Development, indicated the purpose of this demonstration program was to develop partnerships between local governments and neighborhood groups to deliver public services more effectively. He indicated that neighborhood organizations would take a direct role in administering services. He indicated the services would be new, or higher levels of existing services already provided by neighborhood groups, and will not detract from present city services in any way. Council Member Szymkowiak made a motion to adopt this resolution, seconded by Council Member Beck. The resolution was adopted by a roll call vote of eight ayes. OF- 240 6 REGULAR MEETING JUNE 28, 1982 RESOLUTION NO. 9§&82 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING THE LEASE OF THE STORYLAND ZOO PROPERTY WITHIN RUM VILLAGE PARK TO ORPHAN ANIMAL CARE FACILITY. WHEREAS, the City ofSouth Bend, Indiana, owns a facility known as Storyland Zoo which is located within Rum Village Park in the City of South Bend; and WHEREAS, said facility has been closed by the Board of Park Commissioners and is no longer operated for a public purpose due to the lack of funds; and WHEREAS, the Board of Park Commissioners has continued to maintain the vacant facility in order to prevent deterioration and vandalism of said facility and the Board of Park Commissioners does not intend to reopen the facility for a public purpose within the reasonably foreseeable future; and WHEREAS, it is in the City's best interest that the facility be occupied and maintained in order to prevent deterioration and vandalism of said facility; and WHEREAS, the Orphan Animal Care Facility is an Indiana not - for - profit corporation with tax exempt status, organized for the purpose of rehabilitating injured wild animals and it desires to lease the Storyland Zoo facility to be used as an animal refuge and rehabilitation center; and WHEREAS, the City of South Bend desires to encourage and facilitate the care and rehabilitation of injured wild animals within the City of SouthBend; and WHEREAS, it is in the best interest of the Board of Park Commissioners to enter into a lease agreement with Orphan Animal Care Facility for the use and maintenance of the Storyland Zoo property as a wild animal refuge and rehabilitation center. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend as follows: SECTION 1. That this lease, a copy of which is attached hereto, dated June 21, 1982, for the lease of the Storyland Zoo property between the,Board of Park Commissioners and the Orphan Animal Care Facility is hereby approved. SECTION 2. That this Resolution shall be in full force and effect from and after its passage by the South Bend Common Council and approval by the Mayor. /s/ Lewis A. McGann Member of the Common Council A public hearing was held on the resolution at this time. Mr. James Seitz, Superintendent of Parks, indicated this lease could be renewed for two years. He indicated Animal Care would pay all utility costs incurred, with the exception of water. He indicated all changes, alterations, improvements, remodeling and new construction would be done at Animal Care's expense, and they would be responsible for the maintenance and repair of all structures. He indicated there would be a resident caretaker. He said the Park Board would appoint a representative to serve as an advisory member of Animal Care's Board of Directors. Paul Nash, a representative of Animal Care, indicated they cared for injured animals, and were a wildlife rehabilitation center. Council Member Voorde made a motion to continue public hearing on this resolution until July 12, and refer it to the Park and Recreation Committee, seconded by Council Member Dombrowski. The motion failed on a roll call vote of two ayes (Council Members Dombrowski and Voorde) and six nays. Council Member Taylor made a motion to adopt this resolution, seconded by Council Member Beck. The resolution was adopted by a roll call vote of six ayes and two nays (Council Members Dombrowski and Voorde.) Council Member Taylor made a motion to recess, seconded by Council Member Beck. The motion carried and the meeting was recessed at 8:30 p.m., and reconvened at 8:52 p.m. BILLS, FIRST READING BILL NO. 66 -82 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE EAST -WEST 1/2 ALLEY WHICH EXTENDS FROM LAFAYETTE ST., ON THE EAST TO THE NORTH -SOUTH ALLEY ON THE WEST AND IMMEDIATELY ABUTTED BY LOTS 64 & 65 OF SOUTH BEND CITY ADDITION. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading July 12, 1982, seconded by Council Member Zielinski. The motion carried. BILL NO. 67 -82 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST -WEST ALLEY NORTH OF EWING AVENUE RUNNING WEST FROM CATALPA TO THE FIRST NORTH -SOUTH ALLEY FOR A DISTANCE OF 140 FEET, ALL BEING IN CITY VIEW PLACE, SOUTH BEND, INDIANA. REGULAR MEETING JUNE 28, 1982 This bill had first reading. Council Member Zielinski made a motion to set this bill for public hearing and second reading July 12, 1982, seconded by Council Member Crone. The motion carried. BILL NO. 68 -82 A BILL APPROPRIATING $28,438.22 FROM THE YOUTH SERVICE BUREAU FUND FOR OPERATING FUNDS TO BE ADMINISTERED BY THE YOUTH SERVICE BUREAU OF THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading July 12, 1982, seconded by Council Member Crone. The motion carried. BILL NO. 69 -82 A BILL APPROPRIATING MONIES FOR OPERATION OF -THE YOUTH SERVICE BUREAU SHELTER. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading July 12, 1982, seconded by Council Member Voorde. The motion carried. BILL NO. 70 -82 A BILL APPROVING THE AWARD OF A BID IN THE AMOUNT OF $39,891.00 TO SLATILE ROOFING FOR ROOF REPAIRS TO BE DONE AT THE SOUTH BEND WATER WORKS BUILDING, WASTEWATER TREATMENT PLANT ADMINISTRATION BUILDING, DIGESTER #1 AND DIGESTER #3. This bill had first reading. Council Member Beck made a motion to set this bill for public hearing and second reading July 12, 1982, seconded by Council Member Taylor. The motion carried. BILL NO. 71 -82 A BILL APPROVING THE AWARD OF BIDS FOR CHEMICALS, FOR THE SOUTH BEND WATER WORKS AND WASTEWATER TREATMENT PLANT, TO K. A. STEEL CHEMICALS, CONSERVATION CHEMICAL COMPANY, HERCULES, INC., FISHER -CALO CHEMICAL COMPANY, BONDED CHEMICAL COMPANY AND WATCON, INC. This bill had first reading. Council Member Beck made a motion to set this bill for public hearing and second reading July 12, 1982, seconded by Council Member Zielinski. The motion carried. ORDINANCE NO. 7072 -82 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 4 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, BY THE INCLUSION OF NEW SECTION 4 -40 ENTITLED OUTDOOR MOTION PICTURE THEATERS. This bill had first reading. Council Member Beck made a motion to suspend the rules and have public hearing and second reading on the bills, seconded by Council member Zielinski. The motion carried on a roll call vote of eight ayes. Now is the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Lewis McGann, made the presentation for the bill. He indicated a substitute bill had been filed with the City Clerk. Council Member Dombrowski made a motion to accept the substitute bill filed with the City Clerk, seconded by Council Member Zielinski. The motion carried. Council Member McGann indicated he was introducing this bill as a result of the public outcry recently heard about the moives being seen and heard by both paying and non - paying patrons in our City. He indicated this bill would require all outdoor motion picture theaters to meet the same licensing standards. He indicated that the screen of an outdoor theater shall be of such height and angle so that the picture is not visible from any public highway, right -of -way, street or alley. Kathy Cekanski - Farrand, Council Attorney, indicated that the substitute bill contained a new section entitled Legal Findings. She indicated this bill meets the constitutional requirements and meets the delicate balance of legitimate business interests of the outdoor theater business, with the public health and safety requirements this budy is in charge of. Carolyn Photenhauer, assistant City Attorney, indicated that the Administration shares the Council's concerns with the problems that can be created by an outdoor theater. She indicated they supported this bill. Council Member Beck indicated she felt more time should be given to studying the implications of this bill. Fred Rice, 717 S. Kentucky; Ann Ayds, 1318 Elliott; Clifford Ayds, 1318 Elliott; Oscar Brookins, 701 W. LaSalle; Pastor Terry Wallace, Fellowship Baptist Church; spoke in opposition to this bill. Council Member Dombrowski made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of seven ayes and one nay (Council Member Beck.) BILL NO. 73 -82 A BILL AMENDING CHAPTER 13 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, BY THE INCLUSION OF NEW ARTICLE 7 ENTITLED NOISE CONTROL. This bill had first reading. Council Member Voorde made a motion to set this bill for public hearing and second reading July 12, 1982, and refer it to the Residential Neighborhood Committee, seconded by Council Member Dombrowski. The motion carried. UNFINISHED BUSINESS Reports from Area Plan - Bill No. 48 -82 - 530 Ireland Rd. Landmark - 644 Monroe. Council Member Zielinski made a motion to set these bills second reading July 12, seconded by Council Member Crone. Council Member Voorde made a motion to set Bill No. 32 -82 second reading July 12, seconded by Council Member Beck. and for Th for The Bill No. 59 -82 — Historic public hearing and e motion carried. public hearing and motion carried. PRIVILEGE OF THE FLOOR Clifford Aydes, 1318 Elliott and Mary Rice, 717 Kentucky, spoke regarding pornography in the City. Paul Hooker, 914 E. Donald, spoke in support of the stationary noise ordinance. Jim Brown, 4638 Fellows, spoke against the rezoning at 530 E. Ireland. NEW BUSINESS Council Member Voorde made a mtoion to reconsider his motion to set Bill No. 32 -82 for public hearing, as it should be Bill No. 33 -82, seconded by Council Member Dombrowski. The motion carried. There being no further business to come before the Council, unfinished or new, Council Member Dombrowski made a motion to adjourn, seconded by Council Member Taylor. the motion carried and the meeting was adjourned at 9:45 p.m. ATTEST: City Clerk resident