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HomeMy WebLinkAbout07-26-76 Council Meeting MinutesREGULAR MEETING JULY 26, 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, July 26, 1976, at 7:00 Council President Roger O. Parent presiding. The meeting was called to order and the Pledge •to the Flag was given. ROLL CALL PRESENT: Council Members Serge, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent. ABSENT: Council Member Szymkowiak Council Member Taylor made a motion to resolve into the Committee of the Whole, seconded by Council Member Adams. 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, July 26, 1976, at 7:04 p.m., with eight members present. Chairman Frank Horvat presiding. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA (2201 E. JEFFERSON BLVD.) 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. Edward Hardig, attorney at law, indicated that the petitioners were withdrawing their request for rezoning, and he would like the Council to withdraw the ordinance. Council Member Miller made a motion to withdraw the ordinance, secon by Council Member Serge. The motion carried. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA (4104 S. Miami St.) This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Edward Hardig, attorney at law, made the presentation for the ordinance. He indicated that this building had been used as a physician's office since 1969. He indicated the petitioner did not intend to do any exterior remodeling, and the building looks like a residence. He indicated the zoning for a physician's office is "B ". He indicated that the doctor was prepared to add eight additional parking spaces in the rear of the building with adequate screening. He said that unless the zoning is changed to "B" the doctor will have to move his practice. He indicated that they presented a petition to Area Plan with 304 signatures of people who wanted the doctor to remain at that location. He asked the Council to allow this to be continued until the August 9, meeting of the Common Council. Council Member Horvath asked if there was anyone in attendance who wished to remonstrate against this ordinance, because of the fact that it was published that this ordinance would be heard at this meeting. There were a few people who indicated they wished to speak. Council Member Dombrowski made a motion to continue with the public hearing, seconded by Council President Parent. The motion carried. Mr. Robert Taylor, 4104 Coral Drive, Councilman Fifth District, said he was speaking tonight as a citizen. He presented a_ petition with over forty signatures of people who live in the neigh - borhood. He indicated that the petition presented in the Area Plan meeting, from the petitioner, had signatures of people not in the neighborhood. He indicated the doctor does not live in the building, and that was the reason it must be rezoned, and he had not lived there for a number of years. He indicated the doctor's office created a traffic problem, and the off - street park - ing was totally inadequate. He indicated that the request for rezoning had been unanimously voted against in the Area Plan meeting. He said he thought the Council should not invade the privacy of a 100 "A" residential neighborhood and let it go to a lesser zoning. He said it was his understanding that the doctor resided on East Jefferson, however, the phone book indicates that he, resides at 4104 Miami. Mr. Norman Ulrick, 4130 Miami, indicated that he did not think anyone ever lived in the doctor's house. He said if the Council allowed this to happen in Broadmoor it will happen in other neigh borhoods. He asked that this zoning be denied. REGULAR MEETING JULY 26, 1976 COMMITTEE OF THE WHOLE MEETING (CONTINUED) Mr. Chester Zakrocki, 3620 Brentwood, spoke in favor of the rezoning. He indicated many doctor'; offices are in residential areas. Mr. Robert Dehaan, 4030 Miami spoke in favor of the rezoning. He said he has never seen any con• gestion problem around the office, or a traffic problem. Mr. Greg Swick, 1132 Byron, spoke regarding the traffic congestion. He said he did not think 20 parking spaces would alleviate the problem. Council Member Dombrowski made a motion to continue this hearing until August 9, seconded by Council Member Kopczynski. Council Member Taylor said he did not think the hearing should be continued. Council Member Miller said he would like to discuss the ordinance further. Council Member Adams indicated she would like this continued until August 9. She said this was an existing situation, and she would like to look into this further. The motion failed on a roll call vote of three ayes (Council Members Kopczynski, Adams and Dom- browski) and five nays (Council Members Serge, Miller, Taylor, Horvath and Parent). Council Member Serge indicated that the doctor had purchased more property in that area and he wanted to know what he intended to do with it. Mr. Hardig indicated that the doctor owned a rental property one door away from the building in question. He said the doctor was just renting the property, and he had no plans to change the exterior of his present building. Council Member Serge said the Council was not known to approv "spot" zoning. Council Member Serge wanted to know if the doctor planned to expand his business by bringing another doctor in with him. Mr. Hardig indica t--d that he did not believe "B" re- sidential was "spot" zoning and the doctor had no such plans to bring in another doctor. Council Member Taylor said he would like to know how long the doctor resided in the home in question. Dr. Kotoske said he purchased the home in 1968 while he was an intern, and he and his family remodeled it. He said they lived there less than one year. Council Member Taylor asked why he did not take his practice when he moved. Dr. Kotoske indicated he thought it was a good location and the office was an asset to the neighborhood. Council Member Taylor indicated that the doctor has had so much success that he has simply outgrown an "A" residential area. He said this was putting the Council in a position of granting a special favor. He said the law has to be equally applied to all citizens. Council President Parent asked the reason they were requesting the Council to continue hearing on this matter. Mr. Hardig indicated that this rezoning was very important to the petitioner, a lot of things were made known to them recently. He said there have been many rumors and they wanted to trace them down. Council President Parent indicated the City had tremendous difficulty in enforcing zoning laws. He said he thought the Council has a right to preserve, protect and strengthen the neighborhoods.', He said if the Council was not going to enforce or obey the zoning laws they should be taken off the books. He indicated the law states that the doctor has to live in the house, in order to have his office in that location. Council Member Kopczynski said he thought this was a very important issue, and he thought the petition against rezoning should be looked at very carefully. He said for these reasons he would like to see this continued until August 9. Council Member Adams said it was her under- standing that a cease and desist order came about after you sought to change the zoning. Dr. Kotoske indicated that was correct. Council Member Adams indicated that since the doctor was not going to increase his staff, the increase of eight parking spaces would help the traffic problem. Dr. Kotoske said he would like to mention that he practices internal medicine and does not treat a lot of people a day. He said he rarely sees more than 35 people a day. He said he only practices four days a week, and the real traffic problem is with the golfers on Friday through Sunday. Council Member Adams said with thirteen spaces, you would have nine available for patients. She wanted to know if the doctor would ever have that many. Dr. Kotosk said he books four patients an hour. Council Member Miller questioned the sentence in the zoning ordinance which states "All prior ordinances affecting the above described tracts of land in conflict herewith are repealed ". He said it would seem to him that this would repeal all of Broadmoor. Mr. Thomas Brunner, City Attorney, said he had not had an opportunity to look at this language, but he would suggest that it was form language. Mr. Hardig indicated this was form and perhaps it could be made clearer. Council Member Miller said it would seem to him this would have to be changed. Mr. Hardig indicated that since the ordinance describes only the land owned by Dr. Kotoske, this was all that was effected. Mr. Brunner said he did not pretend to be an expert on zoning, but he believed Mr. Hardig's interpretation was the correct one. Council Member Mill said he would feel more confortable if this would be cleared up. Mr. Brunner indicated his staff would look into this situation. Council Member Serge indicated that the neighbors have been living with this condition for eight or nine years and now that the doctor is attempting to better the location, they are disturbed. Council Member Dombrowski indicated that when he made the motion to continue the public hearing, he did so in order that both sides could correctly present their case. He said now, he would possibly like to go out and look at the location himself. He said he would again like to make a motion that this hearing be continued until August 9, seconded by Council Member Kopczynski. Council President Parent said he would like to speak in favor of that motion. He said this was a complex issue and time should be taken to look at what impact it may have. The motion carried REGULAR MEETING JULY 26, 1976 COMMITTEE OF THE WHOLE MEETING (CONTINUED) ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (3029 LINDEN ROAD) 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. Edward Olczak, attorney at law, made the pre- sentation for the ordinance. He said this was an approximate twenty acre site, and they wanted to use it to build an automobile and trust assembly, as well as supply and storage. He showed a sketch of the property and surrounding area. He indicated that Area Plan had favored this re- zoning. He indicated that Mr. Leopold and Mr. Hancz were in the audience to answer any questions Mrs. Jane Swan, 2022 Swygart, indicated that the site plan did not have sufficient data to be con- sidered a final. Mr. Rollin Farrand, Director of the Board of Public Works indicated that this was routine and the first site plan submitted is generally sketchy, and the final site plan will show the detail. Council Member Kopczynski made a motion that this ordinance go to Council favorably, seconded by Council Member Serge. The motion carried. Council Member Dombrowski made a motion to recess, seconded by Council Member Parent. The meetin( was recessed at 8:12 p.m., and reconvened at 8:32 p.m. 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 being the time heretofore set for public hearing on the above ordinance, proponents and op- ponents were given an opportunity to be heard. Fourth District Councilman, Roger 0. Parent, made the presentation for the ordinance. He outlined briefly the requirements of the ordinance. He indicated that the people who make policy for the City should live among the people who are effec He said there are approximately 350 employees living outside the city, and that it was a growing problem. He said it was very important the policemen who are hired to protect residence live wit the residence. He indicated it was common sense that if a police officer is known by the people he is trying to protect his job will be much easier. He said the City has experienced a populati decline for ten to fifteen years and it seems that the employees who earn the money we all pay have a greater responsibility to offset that decline. He said there was an economical impact because Federal funds are based on the number of people we have living in the City". He indicated that some people feel this violates a person's rights, but there have been court rulings on this matter that people can live wherever they want to, but they do not have the right to request the city to hire them. He indicated there was a state law covering police and firemen, but it was his contention that this proposed ordinance did not conflict with this state law. He indicated that even though this might eventually go to court, he thought this ordinance was right and pro- per. He said he had received many letters and comments on this proposed ordinance and 98% have been in favor. Council President Parent made a motion to amend the ordinance by deleting section 2 -116 (a) (e) and replacing it in its entirety with the following; (e) Any present employee of th City of South Bend whose permanent place of domicile does not meet the residence requirements established by this Code or any present employee of the City of South Bend who has already entere into a construction agreement for the construction of a residential dwelling not within the city limits of South Bend, or who has been issued a building permit or license properly authorized by St. Joseph County Government, or another municipality within St. Joseph County prior to the en- actment of this ordinance shall not be held in violation thereof. However, this exemption shall be permitted only upon a copy of such agreement, license or permit being filed with the Personnel Department within fourteen (14) days from the effective date of this ordinance. Any present em- ployee who subsequently moves out of the City after such residence requirements have been estab- lished or present employees who have not exercised the exemption power of this section shall be deemed in violation of this section. This motion was seconded by Council Member Adams. The motion carried. Mr. Larry Ambler, attorney for the Fire Fighters Union 362, indicated that basically this ordinanc is in conflict with state statutes. He said they would ask for a motion to amend this ordinance to read that it does not affect police or firemen. He indicated that they know it is a question that will have to be possibly resolved in court. He indicated the fire fighters would like to submit an amendment to Section 2 -116 (A) (d) Any employee of the City of South Bend who fails to establish that he is a bona fide resident of the City within six (6) months of his appointment or employment; or any employee who moves out of the City limits upon securing employment with the City after the effective date of this ordinance shall be held in violation of this Code and termi- nated from employment. (e) Any present employee of the City of South Bend whose permanent domici: does not meet the residence requirements established by this Code shall not,be in violation there( and any present employee of the City shall not be subjected to or affected by this ordinance. Pr( vided that if any present employee terminates his employment with the City of South Bend while this ordinance is in full force and effect and subsequently is re- employed by the City of South B( then such employee shall be required to comply with this ordinance. He indicated they felt that this ordinance did not grandfather out present employees and these employees would be compelled to live in the City. He said they were asking in their amendment to grandfather out all employee! He said he doubted if there would be any court action if these amendments were passed. Mr. William Bernhardt, 1127 E. Fox, a South Bend Policeman, spoke regarding a police officer's tour of duty, and the fact that they move to the country to have peace and quiet when they get home from work. Mr. Carl Ellison, 1307 Woodfield, a city employee, spoke in favor of the proposed ordinance and the Council to pass it in its existing form. He said he believed in the City and he intended to live here. )n f ed REGULAR MEETING JULY 26, 1976 COMMITTEE OF THE WHOLE MEETING (CONTINUED) Mr. Bruce Wood, 225 E. Navarre, spoke about whether or not we would receive more qualified employees by making them live within the City. Council President Parent indicated that the thrust of the total ordinance is what has to be looked at, and that city employees who live in the city know more about the city and how it works. He said if the Council is not going to be pro -city, then who will be. Mrs. Jane Swan, 2022.Swygart, said she had been waiting for a long time for this ordinance. She said she wanted to ask Mr. Ambler if the people he represented think living in South Bend is some kind of punishment. She gave her definition of a non - resident city employee. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, indicated they supported this ordinance, and it appeared that a number of employees of the City have not volunteered to be loyal to live within. He said they hoped this ordinance would be passed and enacted as it stands. Mr. Victor Zielinski, 1625 N. Brookfield, indicated he thought the ordinance should be passed as it is. Division Chief Terry, of the Police Department, indicated that all police officers living out- side the City did not require long distance phone calls to reach them. He indicated he did not feel it was right that he could not move outside of the City if the proposed ordinance is passes Council President Parent indicated that living within the city has its advantages and we have not sold our city hard enough. He said this ordinance has nothing to do with services on a contractual basis, and that it would not affect recruiting employees because there is a six month requirement in which they can move into the City. Council Member Serge indicated he had received telephone calls from different groups regarding the gradfather clause and future employees. Council Member Miller said he would have to speak against the ordinance, because of the possiblE problems created if the ordinance was passed. He said at the same time we restrict the employeE we also restrict the spouse. He said he felt the solution to this problem would be resolved if the Mayor would make it a policy to hire only South Bend residences. He indicated he thought the ordinance was a little restrictive. Council Member Adams indicated she had to disagree with Councilman Miller. She said the Council can not give up their responsibility to be pro -city. She made a motion that this ordinance be sent to the Council favorably, as amended, seconded by Council Member Dombrowski. Council Member Taylor said that the ordinance gives a person six months to move into the City. He said this could cause some personal problems, and he would be happy to see a lengthening of the effective date to move into the City. He made a motion that this be changed to one year, seconded by Council Member Miller, Council Member Dombrowski indicated he would have to differ with this amendment because he has never seen any company give an employee even six months to move. Council President Parent indicated that he thought nine months would be better, but he thought six months was sufficient. He indicated that the Mayor could control this to a degrE but only to a degree, because he would not have any control over an employee moving after they were hired. A roll call vote was taken on the motion to change to one year. The motion lost on a vote of two ayes (Council Members Miller and Taylor) and six nays (Council Members Serge, Kopczynski, Adams, Dombrowski, Horvath and Parent). Council Member Taylor made a motion to change this requirement to nine months, seconded by Council Member Miller. The motion lost on a roll call vote of four ayes (Council Members Miller Taylor, Horvath and Parent) and four nays (Council Members Serge, Kopczynski, Adams, and Dom- browski). A vote was taken on the ordinance going to Council favorably, as amended, and the motion carries with Council Member Miller opposing. Council Member Taylor made a motion to recess, seconded by Council Member Miller. The meeting was recessed at 9:40 p.m., and reconvened at 9:55 p.m. ORDINANCE AN ORDINANCE AMENDING CHATER 2, ARTICLE IX, SECTIONS 2 -127, 2 -128, 2 -130, 2 -131, and 2 -132 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA, 1976, ORDINANCE NO. 5619 -73, COM- MONLY REFERRED TO AS THE SOUTH BEND HUMAN RIGHTS ORDINANCE. 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. Thomas Brunner, City Attorney, made the pre- sentation for the ordinance. He said there were certain amendments that needed to be made to this ordinance, due to certain Council objections. He said the administration supports these amendments. He said if the Commission is to have a true dignity and standing in the community it must have certain powers. He made the following amendments; SECTION I. Section 2 -130 (d) is amended to read in its entirety as follows: (d) it shall take the concurrence of a majority of the Commission membership to take legal or official action. SECTION II. Section 2 -131 (i) is amended to read in its entirety as follows: (i) To hold hearings, subpoena witnesses, compel their attendance, administer oaths, take the testimony of any such person under oath, and requiz the production for examination of any books, and papers relating to any matter under investiga- tion or in question before the Commission. The Commission shall have the exclusive power to subpoena, but it shall consult with the Department of Law concerning the issuance of a subpoena. REGULAR MEETING JULY 26, 1976 COMMITTEE OF THE WHOLE MEETING (CONTINUED) Provided, that the Department of Law may veto the issuance of a subpoena if andt -only if such an iss ance would be an abuse of the Commission's subpoena power. Abuse of the Commission's subponena po shall include but not be limited to use of such subpoena power for harassment purposes, issuance of a subpoena for information clearly irrelevant to the investigation being conducted, and issuanc of a subpoena for information over an excessively broad span of time. Contumacy or refusal to obe a subpoena issued pursuant to this section shall constitute a contempt. All hearings shall be hel within the City of South Bend at a location determined by the Commission. A citation of contempt may be issued upon application by the Commission to the circuit or superior court, or judge thereo in the County in which hearing is held or in which the witness resides or transacts business. Sec III. Section 2 -131 (i) (1) is amended to read in its entirety as follows: (1) To state its findi of fact after a hearing and, if the Commission finds a person has engaged in an unlawful discrimin practice, it may cause to be served on such person an order requiring such person to cease and de- sist from the unlawful discriminatory practice and requiring such person to take further affirmati action as will effectuate the purposes of this article, including but not limited to the power to restore complainant's losses incurred as a result of discriminatory treatment, as the Commission m deem necessary to assure justice, provided, however, that this specific provision when applied to orders pertaining to employment shall include only wages, salary or commissions in an amount not t exceed that lost over a two year period; to require the posting of notice setting forth the publi policy of Indiana concerning civil rights and the respondent's compliance with said policy in plac of public accommodations; to require proof of compliance to be filed by the respondent at periodic intervals; to require a person who has been found to be in violations of the South Bend Human Righ Ordinance, and who is licensed by a State agency authorized to grant a license, to show cause to the licensing agency why his license should not be revoked or suspended. Council President Parent made a motion to amend the ordinance, seconded by Council Member Taylor. The motion carried. Council Member Adams indicated she would like to further amend the ordinance by changing Section 3 of the amendments to read an amount not to exceed that lost over a one year period," seconded by Council Member Kopczynski. Council President Parent indicated he would like to speak against the reduction to one year, since he felt the local ordinance has to be as strong as possible. Council Member Taylor said he agreed with the awarding of two years damages. He in- dicated he would like to second the plea and would hope the motion would be defeated. He indicate that the State and Federal governments have no limitations. Council Member Adams asked Mr. Leone, deputy city attorney, the length of the average case resolvement at the present time. He indicate most cases were resolved within ninety days. Council Member Adams indicated that she wanted the time changed to one year because if a person feels they have been discriminated against they have ninety days to file and most cases are resolved within ninety days, so one year would cover the majority of cases coming before the Commission. Mr. Leone indicated that it would cover most case Council Member Adams asked how many cases go over a year. Mr. Leone, after consulting with Mrs. Hall, the Commission's director, indicated about five percent go over a year. r , :ion Ig Ltory re -Y !s :s A roll call vote was taken on the motion and:'.it lost by a vote of four ayes (Council Members Miller Kopczynski, Adams and Horvath) and four nays (Council Members Serge, Taylor, Dombrowski and Parent . Mr. Ed Fogarty, 1219 Berkshire, Chairman of the Human Rights Commission, said he felt this was a crucial issue before the Council. He said the Commission by consensus of opinion was unanimous on its vote toward asking the administration to support these changes to the ordinance. He said t] Commission still feels that the City should have the same enforcement powers as the State Commissii He then gave the percentage of the cases handled and closed by the Commission. Mr. Jesse Dickinson, 227 RueBossuet, spoke in favor of the ordinance and the amendments. Mr. Larry Remler, staff attorneYfor Law and the Handicapped, said it was their position that the ordinance should eliminate the present restriction of awarding $500 damages. He said they feel the individual should be made whole. He said at issue here was solely compensatory damages. He indicated that the certification of handicapped should be eliminated from the ordinance. He indict that the Human Rights Commission was acting in a progressive manner by amending the ordinance, and it was commendable. He said by the South Bend Human Rights Commission having this authorization it will provide for speedy resolution of disputes at a local level. Mrs. Louvenia Cain, 1207 W. Washington, indicated she was pleased to hear of this ordinance and hoped the Council would give it consideration. Mr. John Huber, 310 Peashway, indicated he would like to speak in favor of this ordinance, parti- cularly as a parent of a handicapped child. He also indicated that the certification of handi- capped should be eliminated. Council Member Adams made a motion that the ordinance be recommended to the Council favorably, as amended, seconded by Council Member Taylor. Council President Parent made a motion to amend the ordinance by removing the section in the ordi- nance under Section 2 -128 (q) which reads "To be classified as "handicapped" under this Ordinance a person shall be certified as such pursuant to the procedures, rules and regulations as are issue by the Indiana rehabilitation services board. Provided, that a person who claims to be the victim of a discriminatory practice because of his handicap may file a complaint with the Commission prio to his being certified as handicapped." This motion was seconded by Council Member Taylor. Council Member Miller asked why just not remove the word "certified" and leave the rest. He in- dicated that the definition of handicapped should be defined. He said he would suggest "shall be certified as such" be removed. Mr. Leone indicated that the Commission has the right to promulgat rules and regulations, and it would be possible for the Commission to classify handicapped. The motion to amend the ordinance carried. The motion to recommend the ordinance to the Council favorably, as amended, carried. There being no further business to come before the Committee of the Whole, Council Member Kopczyn made a motion to rise and report to the Council, seconded by Council Member Taylor. The motion c ATTEST: i ATTEST: e kted ried. REGULAR MEETING JULY 26, 1976 REGULAR MEETING RECONVENED Be it remembered that the regular meeting of the Common Council of the City of South Bend re- convened in the Council Chambers at 10:25 p.m., Council President Parent presiding, and eight members present. REPORT FROM THE SUB- COMMITTEE ON MINUTES Due to the fact that the minutes from the July 19, 1976, meeting were not completed, Council Member Miller made a motion that we dispense with the reading of the minutes, seconded by Council Member Adams. The motion carried. REPORT FROM THE COMMITTEE OF THE WHOLE Council Member Adams made a motion to waive the reading of the report of the Committee of the Who seconded by Council Member Dombrowski. The motion carried with a roll call vote of eight ayes (Council Members Serge, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent). REPORT FROM AREA PLAN July 21, 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 Lasalle, Inc., an Indiana Corporation, which is an affiliate of the National Bank and Trust Company of South Bend, to zone from "B" and "A" Residential, "A" Height and Area, to "C -1" Commercial, "A" Height and Area, property located at the square block bounded by Portage Avenue, Kinyon Street, Anderson Avenue, and Bulla Street, City of South Bend. Gentlemen: The attached rezoning petition of LaSalle, Inc. was legally advertised July 10, 1976. The Area Plan Commission gave it a public hearing on July 20, 1976, at which time the following action was taken: "Upon a motion by Joseph Serge, being seconded by Daniel Chrzan and unanimously carried, the petition of LaSalle, Inc., an Indiana Corporation, which is an affiliate of The National Bank and Trust Company of South Bend, to zone from "B" and "A" Residential, "A" Height and Area, to "C -1" Commercial, "A" Height and Area, property located at the square block bounded by Portage Avenue, Kinyon Street, Anderson Avenue, and Bulla Street, City of South Bend, is returned to the City Council with a favorable recommendation, subject to a final site plan with the following conditions: the modification of the access system which removes a curb cut from Anderson Street and re- locates the curb cut on Kinyon Street; the vacation of the alley which is currently upon the site; provision of landscape screening along Anderson Street. The Commission further encouraged the de- veloper to preserve as many mature trees upon the site as is possible." 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. Sincerely, /s /Richard S. Johnson, Executive Director RS J/ cm cc: A. A. Largent, V -P, LaSalle, Inc. G. Burt Ford Council Member Taylor made a motion to set the appropriate ordinance for public hearing and second reading August 9, 1976, seconded by Council Member Adams. The motion carried. ORDINANCES, SECOND READING ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA (2201 E. JEFFERSON BLVD). This ordinance had second reading. Council Member Taylor made a motion to strike the ordinance, seconded by Council Member Miller. The motion carried. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA (4104 S. MIAMI ST.) This ordinance had second reading. Council Member Dombrowski made a motion to continue public hearing on this ordinance until August 23, 1976, seconded by Council Member Taylor. The motion carried. REGULAR MEETING JULY 26, 1976 REGULAR MEETING RECONVENED (CONTINUED ORDINANCE NO. 6001 -76 AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE). (3029 LINDEN ROAD) . This ordinance had second reading. Council Member Taylor made a motion to pass this ordinance, seconded by Council Member Dombrowski. The ordinance passed on a roll call vote of eight ayes (Council Members Serge, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent). ORDINANCE NO. 6002 -76 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 EM- PLOYEES TO LIVE IN SOUTH BEND, INDIANA. This ordinance had second reading. Council Member Serge made a motion to amend the ordinance as amended in the Committee of the Whole, seconded by Council Member Adams. Council Member Dombrowsl made a motion to pass this ordinance, as amended, seconded by Council Member Taylor. The ordinanc passed on a roll call vote of seven ayes (Council Members Serge, Taylor, Kopczynski, Adams, Dom- browski, Horvath and Parent) and one nay (Council Member Miller). ORDINANCE NO. 6003 -76 AN ORDINANCE AMENDING CHAPTER 2, ARTICLE IX, SECTIONS 2 -127, 2 -128, 2 -130, 2 -131, AND 2 -132 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA, 1976, ORDINANCE NO. 5619 -73, COM- MONLY REFERRED TO AS THE SOUTH BEND HUMAN RIGHTS ORDINANCE. This ordinance had second reading. Council Member Taylor made a motion to amend the ordinance as amended in the Committee of the Whole, seconded by Council Member Adams. The motion carried. Council Member Taylor made a motion to pass this ordinance as amended, seconded by Council Member Serge. This ordinance passed on a roll call vote of eight ayes (Council Members Serge, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent). RESOLUTIONS RESOLUTION A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, APPROVING THE ACCEPTANCE OF A FIRE TRUCK OFFERED BY MICHIANA MACK, INC., TO BE USED BY THE FIRE DEPARTMENT UNTIL THE DELIVERY OF THE THREE FIRE TRUCKS SPECIFIED BY THE CONTRACT BETWEEN MICHIANA MACK, INC., AND THE BOARD OF PUBLIC WORKS. Mr. Thomas Brunner, City Attorney, asked that this again be continued. He said that a custom fire truck was on its way from Mack in Allentown and will be available for us as a loaner. He said he would advise that action not be taken on this resolution until the truck has been examine( by the fire department. Council Member Dombrowski made a motion to continue this resolution until August 9, 1976, seconded by Council Member Adams. The motion carried. RESOLUTION 527 -76 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RECOMMENDING THAT CITY RESIDENCY BE A FACTOR OF CONSID- ERATION IN CITY EMPLOYEE PROMOTIONS. WHEREAS, the City of South Bend is pledged to maintain the highest standard of employment personnel practices; WHEREAS, the City of South Bend should continually be striving to develop programs of re- cruitment and advancement which would make City service attractive as a career and thereby en- hancing the quality of personnel it employs; WHEREAS, the Common Council of the City of South Bend recognizes that the development of dedicated public servants is an integral part of furthering the progress of the City; and WHEREAS, the Common Council further recognizes that City residency may be a vital factor contributing toward better understanding, awareness, concern, and respect of the City, NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: SECTION I. That the Administration of the City of South Bend be encouraged to further de- velop programs and procedures which would enhance the quality of City employment personnel prac- tices. SECTION 2. That the City Administration and more specifically the Personnel Department con- sider City residency as a factor in determining employee promotions within its various department: and other agencies of the City. SECTION 3. That the City administration be encouraged to develop within their personnel policies and manuals workable guidelines which would encourage career development in public ser- vice with the City and promote better understanding of the City, its many programs and services which may be gained through City employee residency. SECTION 4. That this resolution shall be in full force and effect from and after its adoptic by the Common Council and approved by the Mayor. /s /Richard C. 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NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana; SECTION I. That the 23 day of August, 1976, shall be proclaimed "Dan Harrigan Day" in the City of South Bend, Indiana in honor of his achievements in the 21st Olympiad. SECTION II. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Robert G. Taylor Member of the Council /s/ Terry Miller Member of the Council /s/ Joseph Serge Member of the Council /s/ Walter Szymkowiak Member of the Council /s/ Mary Christine Adams Member of the Council /s/ Walter T. Kopczynski Member of the Council /s/ Richard C. Dombrowski Member of the Council /s/ Frank Horvath Member of the Council /s/ Roger Parent Member of the Council A public hearing was held at this time on the resolution. Council Member Taylor read the resolu- tion _in its entirety. Mr. Michael Carrington, administrative assistant to the mayor, indicated they had anticipated thi resolution and the Mayor would like to present a key to the City to Dan Harrigan. He asked -the Council to include this on the agenda for the August 23, 1976 meeting. Council Member Miller made a, motion that this resolution be adopted, seconded by Council Member Taylor. The resolution was adopted by a roll call vote of eight ayes (Council Members 'Serge, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent). 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 Adams. The motion carried and the meeting was adjourned at 11:05 p.m. I_ATTEST: APPROVED: City Clerk Presi en