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Home My WebLink About06-28-76 Council Meeting MinutesREGULAR MEETING JUNE 28, 1976 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, 1976, at 7:00 p.m., Council Vice President Richard C. Dombrowski presiding. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL PRESENT: Council Members Serge, Szymkowiak, Taylor, Kopczynski, Adams and Dombrowski. ABSENT: Council Members Miller, Horvath and Parent. Council Member Taylor made a motion to resolve into the Committeee of the Whole, seconded by Co Member Kopczynski. The motion carried. COMMITTEE OF THE WHOLE MEETING Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on Monday, June 28, 1976, at 7:03 p.m., with six members present. Chairman pro tem Taylor presiding. ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF SOUTH BEND, INDIANA, THROUGH ITS BOARD OF PUBLIC SAFETY AND THE SCOTTS- DALE MALL FOR THE DESIGNATION AND REGULATION OF FIRE LANES. This being the time heretofore set for public hearing on the a] ponents were given an opportunity to be heard. Council Member Safety Committee of the Council had met on this ordinance, and cept him, were taking the viewpoint that the police department responsibility, since this is private property', therefore, the recommendation on this ordinance. rove ordinance, proponents and op- Taylor indicated that the Public all members of the committee, ex- should not take on the additional committee makes an unfavorable Mr. Franklin Morse, president of the Board of PUblic Safety, indicated he did not have too much more to add to what was said at the previous public hearing. He said the Board feels strongly that there is a need for effective operation of the fire department in the Scottsdale Mall. He said it is the only real mall of its size in the community and there are a considerable number of people who shop there. He indicated that the Clerk of the Board had written to four cities in Indiana regarding this new legislation and found that none of them had enacted legislation on fire lanes for malls. He indicated that Fort Wayne had sent out inquiries to their shopping centers, but had not received a response. He said the mall employs five or six security officers and three are off -duty policemen and the enforcement would be implemented by these officers not the South Bend Police. He said it appears that implementation could be done fairly economically without jeopardizing police protection in other parts of the city. He said the state legislation indicates the fine is not to exceed $200, however, the Council coulc set the amount of fine up to the maximum. He said that because of the large number of people who come to shop at the mall they deserve the protection of the City in case of emergency. He said it was his personal feeling that the city's service should follow the public. Mrs. Jane Swan, 2022 Swygart, said she called the Mishawaka Police Department to see if they per- form this service for Town & Country and was told that they feel it is the responsibility of the people who are involved in the shopping center. She indicated she felt that the Scottsdale Mall wanted to keep good public relations and make the police department the bad guy when they enforce this, and if they want this type of protection they should provide it themselves, or have a con- tract with the City with some monetary consideration. Mr. Dennis Harney, 1828 Crestwood, representative of the Scottsdale Mall, indicated theywere look- ing for an agreement where they would have the authority to police their fire lanes and keep them open with their own staff. He said it was not their intention to call the police department ever time some one was parked in the fire lanes. He said they were only interested in protecting the people in the shopping center. Council Member Taylor inquired as to whether or not they could use off -duty policemen to police the fire lanes without this contract. Mr. Harney said without this contract they would have no legal means to make some one move their car. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, said that in the contract it says the City shall prohibit and the City shall enforce, and this wording is not too clear if the mall was going to use their own staff. He said he felt the contract should be reworded that the off -duty policemen, would do the enforcing. Mr. Harney said they would not be calling the City, however, these off -duty policemen, are representatives of the City. Mr. Morse indicated that was a different approach worked out by the mall. He said the mall does not have legal auth- ority to enforce these traffic lanes, and the off -duty policemen could arrest or impound the vehicles. He said the contract speaks of the obligation of enforcement involving the City, and perhaps the contract should be modified. Council Member Kopczynski and equipment of the City mallcperators have parked even enter the building. parties concerned and not at this time. said the police officer working in the mall is using the uniform, badge for his own private gain. He indicated there have been cases where the vans to promote merchandise in places where the fire department could no He said he thought the Council should concern itself by being fair to al a select group. He said he did not approve of this type of ordinance Council Member Adams said there were two reasons why the Council could not consider this favorabl She said the contract would have to be reworded so it is more definite who is going to do the en- forcing, and before we could enter into a contract the penalty ordinance must accompany it. She said she would recommend non - passage at this time. Council Member Taylor said it was too bad the Council was not notified of this change before this meeting, since there was a safety problem at the mall. He said we have state legislation that allows for a contract and the owners of the mall have asked us to enter into such a contract and it would seem to him that the City would have liability if we do have an occurence and the fire lanes are blocked. He said he would like an opinion from the city attorney on liability, since the mall has shown intent. REGULAR MEETING JUNE 28, 1976 COMMITTEE OF THE WHOLE MEETING (CONTINUED Charles Leone, deputy city attorney, indicated he thought the City may have some increased liabili where they do not enact an ordinance. He said this has not been studied and they would have to do so in order to make a final determination. Council Member Taylor indicated he would like this to go back to committee, change the wording of the agreement and take a further look at this. Council Member Serge made a motion to send this back to committee, get together with the Board of Safety and bring it back out for public hearing, seconded by Council Member Dombrowski. Council Member Kopczynski said Council ordinance should enforce the fire lanes at all shopping centers not just Scottsdale. He said he felt this should not go to committee. Council Member Serge indicated he felt these people were entitled to pro- tection. He wanted to know if the fire lanes were marked. Mr. Dennis Harney indicated that they were marked and signs were posted. Council Member Adams asked Mr. Leone if a blanket contract could be drawn up whereby any shopping center that wanted this type of agreement with the City Could request this service, if they furnished the off -duty policemen. Mr. Leone indicated it was possible to draw up a uniform ordinance for individual malls, however, they have to be willing to enter into the contract. Council Member Kopczynski wanted to lanes on private property, which is the state. Mr. Leone said accordin, through a contract. Council Member Member Dombrowski indicated he felt come to the Council. know why it was necessary to have a contract to enforce fire no different than enforcing the building code recommended by j to the way the legislation was written it has to be done Kopczynski said he felt there were too many loose ends. Cou the legal department should have all the answers before they A roll call vote was taken on Council Member Serge's motion. The motion was lost by a vote of three ayes (Council Members Serge, Taylor and Dombrowski)and three nays (Council Members Szymkowiz Kopczynski and Adams). Council Member Kopczynski made a motion that this ordinance go to Council unfavorably, seconded by Council Member Szymkowiak. The motion was lost by a tie vote. Council Member Serge made a motion that the ordinance go to Council favorably, seconded by Council Member Dombrowski. The motion was lost by a tie vote. Council Member Kopczynski made a motion that the ordinance go to Council with no recommendation, seconded by Council Member Adams. The motion car- ried. There being no further business to come before the Committee of the Whole. Council Member Kopczynski made a motion to rise and report to the Council, seconded by Council Member Dombrowski. The motion carried. ATTEST: City Clerk REGULAR MEETING - RECONVENED ATTEST: Chairman Be it remembered that the regular meeting of the Common Council of the City of South Bend recon- vened in the Council Chambers at 7:50 p.m., Council Vice President Dombrowski presiding, and six members present. REPORT FROM THE SUB - COMMITTEE ON MINUTES I,To the Common Council of the City of South Bend: Your sub - committee on the inspection and supervision of the minutes would respectfully report that it has inspected the minutes of the June 7, 1976 meeting of the Council and found them correct. The sub- committee, therefore, recommends that the same be approved. /s/ , Mary Christine Adams /s/ Roger O. Parent REPORT FROM THE COMMITTEE OF THE WHOLE Council Member Taylor made a motion to waive the reading of the report of the Committee of the Whole, seconded by Council Member Adams. The motion carried with a roll call vote of six ayes (Council Members Serge, Szymkowiak, Taylor, Kopczynski, Adams and Dombrowski). REPORTS FROM AREA PLAN June 17, 1976 The Honorable Common Council City of South Bend County -City Building South Bend, IN 46601 In Re: A proposed ordinance and site development plan of James and Sharon Wyllie, to zone from "A" Height and Area, to "B" Residential, "A" Height and Area, property located at 2201 E. Jefferson Boulevard City of South Bend Gentlemen: The attached rezoning petition of James and Sharon Wyllie was legally advertised June 5 and June 12, 1976. The Area Plan Commission gave it public hearing June 15, 1976, at which time the following action was taken: Sil A REGULAR MEETING JUNE 28, 1976 REGULAR MEETING - RECONVENED "Upon motion by Thomas Allen, being seconded by Daniel Chrzan and unanimously carried, the petition of James and Sharon Wyllie, to zone from "A" Residential, "A" Height and Area, to "B" Residential, "A" Height and Area, property located at 2201 East Jefferson Boulevard, City of South Bend, is returned to the Common Council with an unfavorable recommendation for the following reason: The proposed rezoning would permit a zoning classification which allows a purely business use to encroach into a single family residential area. This would constitute a spot zoning in that the site would receive a special zoning classification which would be different than the zoning classification of the adjoining corner properties. This would also establish precedent for adjoined properties to seek business uses." If the Council should rezone this site, it shall have to be subject to the submission of a final site plan. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in minutes of that public hearing and will be forwarded to you at a later date to be made a part of this report. Attached for your consideration in the review of this matter is the Area Plan Commission Staff's Report. Very truly yours, /s/ Richard S. Johnson, Executive Director RSJ:cm cc: James & Sharon Wyllie Edward Hardig Council Member Taylor made a motion to set the appropriate ordinance for second reading and pub• lic hearing on July 26, 1976, seconded by Council Member Serge. The motion carried. The Honorable Common Council City of South Bend County -City Building South Bend, IN 46601 In Re: A proposed ordinance and site development plan of Dr. Donald and Mrs. Ann Kotoske, to zone from "A" Residential, "A" Height and Area, to "B" Residential, "A" Height and Area, property located at 4104 S. Miami Street, City of South Bend. Gentlemen: The attached rezoning petition of Dr. and Mrs. Kotoske was legally advertised June 5 and June 12, 1976. The Area Plan Commission gave it a public hearing on June 15, 1976, at which time the following action was taken: "Upon a motion by June Stratton, being seconded by Rollin Farrand, and un- animously carried, the petition of Dr. Donald and Mrs. Ann Kotoske to zone from "A" Residential, "A" Height and Area, to "B" Residential, "A" Height and Area, property located at 4104 S. Miami Street, City of South Bend, is returned to the Common Council with an unfavorable recommendation for the following rea- sons: (1) the proposed rezoning would permit a zoning classification which allows a purely business use to encroach into asingle family residential area. This would constitute a spot zoning in that the site would receive a special zoning classification which would be different than the zoning classification of the adjoining properties. The doctor's office has operated in the past under the theory of a home occupation. By granting it a primary use status, the precedent would be established for adjoining properties to seek business uses. In the opinion of the Commission, this could severely undermine the viability of a presently strong single family residential community and could represent the start of a strip business zone. (2) the proposed site plan would utilize Byron Street for its parking ingress and egress. Byron Street functions as a local collector street which, because of its width, becomes constricted when parking occurs along it. Increasing the traffic conflicts by patients utilizing the off - street parking lot or utilizing on- street parking could further constrict Byron Street." If the Council should rezone this site, it shall have to be subject to the submission of a final site plan. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in minutes of the public hearings and will be forwarded to you at a later date to be made a part of this report. Attached for your consideration in the review of this matter is a copy of the Area Plan Commission Staff Report. RSJ /cm cc: Dr. Donald Kotoske Edward Hardig, attorney Very truly yours, /s/ Richard S. Johnson, Executive Director Council Member Taylor made a motion to set the appropriate ordinance for second reading and public hearing on July 26, 1976, seconded by Council Member Szymkowiak. The motion carried. REGULAR MEETING June 28, 1976 June 17, 1976 The Honorable Common- - Council City of South Bend County -City Building South Bend, In. 46601 In Re: A proposed ordinance and site development plan of Steve Leopold and Eugene Hancz (Steve & Gene's ), to zone from "A" Residential, "A" Height and Area, to "E" Heavy Industrial, "A Height and Area, property located at 3029 Linden Road, City of South Bend Gentlemen: The attached rezoning petition of Steve Leopold and Eugene Hancz was legally ad- vertised June 5, and June 12, 1976. The Area Plan Commission gave it a public hearing on June 15, 1976, at which time the following action was taken: "Upon a motion by Paul Klein, being seconded by Richard Larrison and unanimously carried, the petition of Steve Leopold and Eugene Hancz (Steve & Gene's) to zone from "A" Residential, "A" Height and Area, to "E" Heavy Industrial, "A" Height and Area, property located at 3029 Linden Road, City of South Bend, is returned to the City Council with a favorable recommendation, subject to a final site plan which screens the adjoining residentially zoned property and Linden Road, and meets the setback re- quirements of the City Zoning Ordinance." The above recommendation is made subject to a final site plan and the preliminary site plan is attached hereto. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in minutes of the public hearing and will be forwarded to you at a later date to be made a part of this report. Attached for your consideration in the review of this matter is a copy of the Area Plan Commission Staff Report. Very truly yours, Richard S. Johnson, Executive Director RSJ /cm cc: Edward Olczak Steve Leopold and Eugene Hancz Council Member Adams made a motion to set the appropriate ordinance for second reading and public hearing on July 26, 1976, seconded by Council Member Taylor. The motion carried. REPORT FROM THE CITY ENGINEER June 10, 1976 Members of the Common Council 441 County /City Building South Bend, In. 46601 Subject: Petition for Voluntary Annexation Approximately 803.98 feet West of the Intersection of Ireland Raod and Ironwood Road Dear Council Members: The petition for voluntary annexation of a parcel of land on the north side of Ireland Road, approximately 803.98 feet west of the intersection of Ireland and Ironwood Road, was referred to this office for review. A sketch -map showing the location of this tract is attached for your information. This property is currently included in a larger, overall area that has been annexed by the City of South Bend and is now being appealed through the Courts. The area immediately east of the cross - hatched area to be annexed, and a small parcel on the corner, are the only remaining par- cels of land in the northwest corner of this intersection that are not presently in the City, but are also included in this annexation which is now before the Courts. Please note that the small area adjacent to the proposed annexation parcel is not owned by the Petitioner. It is also my understanding that the corner parcel has been sold and is not owned by the Petitioner. This Department sees no problems with this annexation. City sanitary sewers and City water are available to this site. A large storm retention basin exists in the immediate area which would provide storm water storage capacity for any developments on this site. If you have any further questions regarding this site, please contact me at your convenience. Very truly yours, Rollin E. Farrand, P.E. Director REF:amc Attachment Council Member Adams made a motion to set this annexation ordinance for second reading and public hearing on July 19, seconded by Council Member Taylor. The motion carried. REGULAR MEETING June 28, 1976 ORDINANCES, SECOND READING ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF SOUTH BEND, INDIANA THROUGH ITS BOARD OF PUBLIC SAFETY AND THE SCOTTSDALE MALL FOR THE DESIGNATION AND REGULATION OF FIRE LANES. This ordinance had second reading. Council Member Kopczynski made a motion that this ordinance be defeated, seconded by Council Member Adams. The ordinance was defeated by a roll call vote of three ayes (Council Members Szymkowiak, Kopczynski and Adams) and three nays (Council Members Serge, Taylor and Dombrowski). RESOLUTIONS RESOLUTION NO. 524 -76 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, IN CELEBRATION OF THE 200th ANNIVER- SARY OF THE DECLARATION OF INDEPENDENCE WHEREAS, these United States of America are celebrating the 200th Anniversary of our Nation's Declaration of Independence; and WHEREAS, it is altogether fitting and proper that the people of the City of South Bend, Indiana, join in the celebration of our Nation's Bicentennial; and WHEREAS, the people of the City of South Bend, Indiana, desire to salute the future citizens of our city and convey our feelings of happiness and good will upon this celebration of our Nation's Bicentennial. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: SECTION 1. That the people of the City of South Bend join with the people of our entire country in celebrating the 200th.Anniversary of our Declaration of Independence. SECTION 2. That this Resolution be placed in a time capsule to be established in Bicentennial Park, and that instructions be given that said capsule is not to be opened until July 4, in the year 2076, the occasion of the celebration of the 300th Anniversary of our Declaration of Independence. SECTION 3. That the people of the City of South Bend, on July 4, 1976, hereby express our best wishes to the future citizens of this city upon the celebration of the Nation's 300th Anniversary. SECTION 4. That the citizens of our city be encouraged to join with city officials in signing this Resolution. SECTION 5. That this Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/ Joseph T. Serge s/ Walter M. Szymkowiak s/ Terry S. Miller S1 Roger 0. Parent s/ Robert G. Taylor S/ Walter T. Kopczynski s/ Mary Christine Adams sl Richard C. Dombrowski S1 Frank Horvath A public hearing was held at this time on the resolution. Mr. Walter Lantz, Deputy Controller, said this ordinance was providing a means for the citizens of South Bend to express their support of the Bicentennial. He said the administration was going to blow this up to 40." x 60" and have it on display at Riverbend Plaza, and invite all citizens to sign it. He said it will be put in a time capsule and buried in Bicentennial Park to be opened for the tricentennial. Mr. Gene Evans, Executive Secretary of the Civic Planning Association asked that the resolution be read aloud. Mrs. Irene Gammon, City Clerk, read the resolution. Council Member Szymkowiak made a motion that this resolution be adopted, seconded by Council Member Taylor. The resolu- tion was adopted by a roll call vote of six ayes (Council Members Serge, Szymkowiak, Taylor, Kopczynski, Adams and Dombrowski). RESOLUTION NO. 525 -76 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE AWARDING OF FOUR CONTRACTS IN EXCESS OF $5,000 FOR REHABILITATION WORK IN THE COMMUNITY DEVELOPMENT PROGRAM WHEREAS, under the provisions of Ordinance No. 5872 -75, passed by the South Bend Common Council on August 11, 1975, all contracts under the Community Development Housing Program in excess of $5,000 must be approved by the Common Council; and WHEREAS, low bids for four properties to be rehabilitated under the Community Development Housing Program have exceeded $5,000. 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 Slatile Roofing & Sheetmetal Inc. for the rehabilitation of the following properties: REGULAR MEETING June 28, 1976 Lot # 23 Bowman's 313 E. Calvert Street $ 5,667.00 Third Addn. Lot #127 Studebaker's 630 E. Dayton Street 6,245.00 Second Addn. Lot #231 Wenger & 719 E. Haney Street 5,815.00 Kriegbaum's Third Lot #5 Wenger's Fifth 911 Marietta Street 6,487.00 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. sl Mary Christine Adams Member of the Common Council A public hearing was held at this time on this resolution. Mr. Keith Crighton, Director of the Bureau of Housing said that all contracts in excess of $5,000 must be approved by the Common Council. He said that low bids for four properties have exceeded $5,000 and asked approval be granted to enter into, a contract with Slatile Roofing & Sheetmetal, Inc., for the rehabilitation of four properties. Council Member Adams indicated she had read the minutes of the Redevelopment Commission and noted that at times a change order is put through that increases a contract the Council has already approved. She wanted to know if it would be possible for the Human Resources Committee to be notified when these change orders are put through for something we have approved. Mr. Crighton said he would send a memo to that effect. Council Member Taylor made a motion that this ordinance be adopted, seconded by Council Member Serge. The resolution was adopted by a roll call vote of six ayes (Council Member Serge, Szymkowiak, Taylor, Kopczynski, Adams.,and Dombrowski) ORDINANCES, FIRST READING ORDINANCE AN ORDINANCE AMENDING CHAPTER 21 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1971, ALSO KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA..., AS AMENDED, PERTAINING TO HISTORIC PRESERVATION COM- MISSION POWERS AND DUTIES AS SET FORTH IN ORDINANCE NO. 5565 -73. This ordinance had first reading. Council Member Adams made a motion to refer this ordinance to Area Plan, seconded by Council Member Serge. The motion carried. ORDINANCE AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 8, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA BY THE ADDITION OF SECTION 2 -116 (A) COMMONLY REFERRED TO AS RESIDENCE REQUIREMENTS, REQUIRING SOUTH BEND CITY EMPLOYEES TO LIVE IN SOUTH BEND, INDIANA. This ordinance had first reading. Council Member Adams made a motion to set this ordinance for public hearing and second reading July 26, 1976, seconded by Council Member Taylor. The motion carried. ORDINANCE AN ORDINANCE TO APPROPRIATE $8,100.00 FROM THE LOCAL ROAD AND STREET FUND AND $900.00 FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUNDS TO PROJECT R & S 72, CONSTRUCTION OF DONMOYER AVENUE FROM MAIN STREET TO MICHIGAN STREET This ordinance had first reading. Council Member Taylor made a motion to set the ordinance for public hearing and second reading July 19, 1976, seconded by Council Member Adams. The motion carried. - ORDINANCE AN ORDINANCE AMENDING CHAPTER2, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, PERTAINING TO ANNUAL VACATIONS OF CITY PERSONNEL. This ordinance had first reading. Council Member Adams made a motion to set this ordinance for public hearing and second reading on July 19, 1976, seconded by Council Member Szymkowiak. The motion carried. ORDINANCE AN ORDINANCE FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, WITHIN THE DIVISION OF COMMUNITY DEVELOPMENT. FOR THE YEAR FROM JULY 1, 1976, TO JUNE 30, 1977. This ordinance had first reading. Council Member Taylor made a motion to set this ordinance for public hearing and second reading July 19, 1976, and refer it to the Administration and Finance Committee, seconded by Council Member Adams. The motion carried. ORDINANCE AN ORDINANCE FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 1977. This ordinance had first reading. Council Member Taylor made a motion to set this ordinance for public hearing and second reading July 19, 1976, and refer it to the Administration and Finance Committee, seconded by Council Member Adams. The motion carried. REGULAR MEETING June 28, 1976 ORDINANCE AN ORDINANCE FIXING THE ANNUAL PAY OF POLICE- MEN FOR THE CALENDAR YEAR 1977. This ordinance had first reading. Council Member Taylor made a motion to set this ordinance for public hearing and second reading July 19, 1976, and refer it to the Administration and Finance Committee, seconded by Council Member Adams. The motion carried. ORDINANCE AN ORDINANCE FIXING THE ANNUAL PAY OF FIRE FIGHTERS FOR THE CALENDAR YEAR 1977. This ordinance had first reading. Council Member Taylor made a motion to set this ordinance for public hearing and second reading July 19, 1976, and refer it to the Administration and Finance Committee, seconded by Council Member Adams. The motion carried. ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, AND (1) CLOW CORPORATION, SOUTH BEND, INDIANA, AND (2) KENNEDY VALVE MANUFACTURING COMPANY, ELMIRA, NEW YORK, FOR THE PURCHASE OF AN ASSORTMENT OF WATER MAIN, VALVES AND FITTINGS IN THE AMOUNT OF $197,421.11. This ordinance had first reading. Council Member Serge made a motion to set this ordinance for public hearing and second reading July 19, 1976, seconded by Council Member Taylor. The motion carried. ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, FOR THE PURCHASE OF A MODEL GRR 160S AIR COMPRESSOR IN THE AMOUNT OF $4,608.00. This ordinance had first reading. Council Member Serge made a motion to set this ordinance for public hearing and second reading July 19, 1976, seconded by Council Member Szymkowiak. The motion carried. ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, AND (1) BADGER METER, INC., MILWAUKEE, WISCONSIN, AND (2) NEPTUNE METER COMPANY, LOUISVILLE, KENTUCKY, FOR THE PUR- CHASE OF AN ASSORTMENT OF WATER METERS IN THE AMOUNT OF $132,316.00. This ordinance had first reading. Council Member Szymkowiak made a motion to set the ordinance for public hearing and second reading July 19, 1976, seconded by Council Member Taylor. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $35,400.00 FROM THE FEDERAL ASSISTANCE GRANT COM- MONLY REFERRED TO AS GENERAL REVENUE SHARING FOR VARIOUS ADMINISTRATIVE PROGRAMS TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPART- MENT OF ADMINISTRATION AND FINANCE. This ordinance had first reading. Council Member Taylor made a motion to set this ordinance for public hearing and second reading July 19, 1976, seconded, by Council Member Serge. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $3,000.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC SAFETY PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS FIRE DEPARTMENT. This ordinance had first reading. Council Member Adams made a motion to set this ordinance for public hearing and second reading July, 1976, seconded by Council Member Kopczynski. The motion carried. ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 40, MUNICIPAL CODE) (IRELAND ROAD 954.3 FEET WEST OF THE INTERSECTION OF MIAMI AND IRELAND ROADS). This ordinance had first reading. Council Member Taylor made a motion to refer this ordinance to Area Plan, seconded by Council Member Adams. The motion carried. PRIVILEGE OF THE FLOOR Mr. Ervin F. Purucker, 2001 Portage, Member of Zion, United Church of Christ, said there were 23 members of the church and the pastor, attending this Council meeting. He said they were here because they were interested in the future of the city. He said they believe the actions of our elected officials are representative of the city's future. Mrs. Jane Swan, 2022 Swygart, indi- cated she thought they should put the minutes of the discussion on the fire lanes for Scottsdale Mall in the time capsule and let them figure it out in the future. UNFINISHED BUSINESS Council Member Kopczynski indicated that the Human Resources Committee have made their recommenda tions on the Human Rights ordinance and have filed them with the City Clerk. 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•xsTMOXuzAzS aaquzaW TTOunoO Aq papuooas ' •uz•d 00' :L 30 psagsuT •uz•d 00 :9 qs 6T ATnr uo buTgaauz aq-4 g.ISgs og uotgow s apsuz IOTAss aequzaW TTounoO SSSNISng MSN •paTlasO UOT40W aqs •aoTAss a9c[mew TTounoO Aq papuooas ' L6T 19Z ATnr buTpeea puooas pus buTasaq oTTgnd Ioj aousuTpao STgq qaS og uoTgouz s apsuz TXSUAzodox 9L6T .' 8Z aunt ONI LHaW UVgnf)ad 10 REGULAR MEETING June 28, 1976 Kopczynski made a motion to set this ordinance for public hearing and second reading July 26, 197 seconded by Council Member Taylor. The motion carried. 4 iI , NEW BUSINESS Council Member Taylor made a motion to start the meeting on July 19 at 6:00 p.m. instead of 7:00 p.m., seconded by Council Member Szymkowiak. The motion carried. Council Member Adams announced that the Administration and Finance Committee will hold a public hearing on July 14, at 7:00 p.m., in the Council caucus room on the proposed salary ordinances. Council Member Adams made a motion to change the next meeting from July 12 to July 19, seconded by Council Me Taylor. Mr. Rollin-Farrand, Director of the Department of Public Works, mber the fire trucks ordered from Michiana Mack. Council President Parent had requestedttherfiretchie Mr. Farrand and Mr. Delcamp, of Michiana Mack, to be at this meeting to discuss the delay in re- ceiving these trucks. Since Mr. Delcamp was not in the audience she made a motion to recess for five minutes, seconded by Council Member Kopczynski. The motion carried. The meeting was re- cessed at 8:20 p.m., and reconvened at 8:27 p.m. Council Member Adams said that due to the Counc wishes of January 19, that the City be provided with adequate fire service, as soon as possible, the Council entered into an appropriation agreement with Michiana Mack. She said that since that time there have been various opinions as to when these trucks will be delivered, and it was her understanding that Mr. Delcamp said delivery will be around the 2nd week of July. She indicate that she and Council Member Dombrowski, accompanied by Battalion Chief Diedrich and Private Will Shaffer of the South Bend Fire Department, went to Anderson, Indiana, where the vehicles are being assembled. She indicated they had spoke with the vice president in charge of production and we were given the idea that these trucks would not be delivered at this time. She said they were very reluctant to give us a date, possibly because of the news media having contacted them last week; however, they intimated that there would be no way these trucks would be ready until about September 1 for the first one and the end of the year for the second and third. She indi- cated that due to the Council's concern and the citizen's concern she would like to request that the city attorney try to contact Mr. Delcamp this evening and arrange a meeting tomorrow with Fire Chief Snider, members of the Council, Rollin Farrand, the Council attorney and himself. She said she had the firemen take pictures of the vehicles while in Anderson and to her they did not appear in anyway to be ready. She said she thought it was time that we see what we can do to make sure, we have adequate fire protection for the City. She said there had been recent reports the newspaper of this fire truck breaking down, another breaking down, and our mechanics are doing the best they can to keep them in service, and this is one of the reasons the Council appro- priated the money in January so we could receive fire trucks at the earliest possible time. She said if you go through the minutes of that meeting, this is why the majority of the Council sought to appropriate the $195,000 for the three trucks, which happened to be awarded to Michiana Mack. She said she did not want any inference that Michiana Mack was not keeping their contract, but she thought a meeting was the way to get all parties together, which is what we hoped to do this evening. Council Member Adams made a motion the city attorney, as soon as this meeting is adjourned, make all reasonable attempts to contact Mr. Ronald Delcamp, expressing the Council's concern with the delivery dates of the three fire trucks, and that the city attorney make sure the following people are in attendance in the Council caucus room for a meeting tomorrow, Mr. Delcamp, himself, fire chief, Mr. Farrand, as many Council Members as can be in attendance and the Council attorney, seconded by Council Member Kopczynski. Council Member Kopczynski indicated that the Council does have subpoena power. Council Member Taylor indicated that he would like to remind everyone that the contract has not been violated yet, and he did not believe it would be until July 8 or .9th. Council Member Adams indicated she did not intend to be judge and jury at this time but it is time for all parties to come together. She said she felt Mr. Delcamp should be present before she presented her side. Council Member Adam's motion re- garding the meeting was voted on and carried. There being no further business to come before the Council, unfinished or new, Council Member Taylor made a motion to adjourn, seconded by Council Member Serge. The motion carried and the meeting was adjourned at 8:35 p.m. ATTEST: City Clerk Presip W e5�01 /)- - 's