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HomeMy WebLinkAbout09-13-76 Council Meeting MinutesREGULAR MEETING SEPTEMBER 13, 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, September 13, 1976, at 7.:00 p.m., Council President Roger 0. Parent presiding. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL PRESENT: Council Members Serge, Szymkowiak, Miller, Taylor, Adams, Dombrowski, Horvath and Parent. ABSENT: Council Member Kopczynski. Council President Parent welcomed the new fire chief, Oscar Van Wiele. Council Member Adams made a motion to resolve into the Committee of the Whole, seconded by Councl Member Dombrowski. The motion carried. I 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 Monday, September 13, 1976, at 7:03 p.m., with eight members present. Chairman Frank Horvath presiding. 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). (SOUTHEAST CORNER OF ST. JOSEPH STREET & IRELAND ROAD). Since there was no one to make a presentation for the ordinance, it was decided to delay public hearing until later in the meeting. 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). (556.45 FEET SOUTH, OF THE INTERSECTION OF MIAMI & IRELAND ROADS) . 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. Stephen Seall, attorney for the petitioner, made the presentation for the ordinance. He indicated the petitioner, Robert's Cleaners, wanted to _amend the final site plan. He indicated this property is located immediately opposite the Scottsdale Mall. He said they wanted the final site plan amended to change the car wash present, located on the real estate to an Arby's Restaurant He indicated this received favorable recom- mendation from Area Plan. Council Member Taylor made a motion that this ordinance be sent to the Council favorably, secondEl by Council Member Parent. 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 being the time heretofore set for public hearing on the above ordinance, proponents and op- ponents were given an opportunity to be heard. Mr. Stephen Seall, attorney for the petitioner, made the presentation for the ordinance. REGULAR MEETING SEPTEMBER 13 1976 COMMITTEE OF THE WHOLE MEETING (CONTINUED) He indicated this property was immediately adjacent to a number of commercial properties on Irela: Road. He said they planned to construct .a one story building to be used as a Laughner Cafeteria. He said that Dr. Allen, the petitioner, was planning to widen High Street to a width of 40' at hi own expense. He gave a description of the commercial property surrounding the proposed rezoning. He discussed the reasons why Area Plan had made an unfavorable recommendation. He indicated that Dr. Allen purchased this property from the City at a price of approximately $500 a frontage foot. He requested the Council to update the Land Use and Transportation Plan by granting the rezoning. Council President Parent questioned site plan is not done at this time, being provided. Council Member Ser, the building and machinery would be Council Member Serge asked how many twenty to thirty employees. the number of parking spaces. Mr. Seall indicated the final however, he has been advised that 170 parking spaces were Ie asked for an assessed tax valuation. Mr. Seall indicated worth approximately three quarters of a million dollars. employees they would have. Dr. Allen indicated it would be Council Member Taylor said he would like to hear from the staff of Area Plan as to why this was turned down. Ms. Judy Struder, of Area Plan, indicated the main thing was the Land Use Plan. She indicated the Planning Commission adopted a policy for Ireland Road to cluster commercial development. She indicated they were interested in limiting commercial development on Ireland, and perhaps High Street was a reasonable place to draw the line. Council Member Taylor asked Mr. Farrand to report on the drainage in that area. Mr. Rollin Farra Director of Public Works, indicated that a residence could not afford the cost to take care of th drainage problem. Council Member Adams asked if it could be dealt with in a commercial situation and Mr. Farrand indicated it could. Council Member Horvath indicated that two years ago when Ireland Road started to become commercial he and Council Member Taylor tried to stop the commercialism. He said now the entire strip has gone commercial and as far as he is concerned this is not spot zoning it is an extension of com- mercial property. Council Member Serge made a motion that this ordinance be recommended favorably to the Council, Seconded by Council Member Dombrowski. Council Member Taylor asked Mr. Farrand about the drainage and where the water would go. Mr. Farrand indicated it would flow across Ireland on to the golf course. Council Member Parent in- dicated that the Land Use Plan is not up -to -date in many areas. The motion carried, with Council Member Taylor opposing. 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) (119 E. MARION ST.) 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. Robert Lee, attorney for the petitioner, made the presentation for the ordinance. He said they planned to build a 13,500 square foot structure to be used as a ware house for Value House. He indicated they had received a favorable recommend tion from Area Plan. Council Member Serge asked about the drainage problem at that location. Mr. Lee indicated Mr. Koenig has taken care of this and it will be on the final site plan. Counc Member Parent made a motion that this ordinance be recommended favorably to the Council, seconded by Council Member Dombrowski. The motion carried. Since there was no one in the Chambers to make the presentation for the rezoning at St. Joseph and Ireland Road, Council President Parent made a motion to continue this hearing until September 27, seconded by Council Member Adams. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $87,334 FROM THE COMMUNITY DEVELOPMENT FUND, FOR SUBSTANDARD DEMOLITION, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC WORKS. 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. William Gilkey, Director of Human Resources and Economic Development, made the presentation for the ordinance. He said this would provide four inspectors, as well as demolition money for this project. Council Member Dombrowski made a motion that this ordinance be recommended favorably to the Council, seconded by Council Member Adams. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $42,434 FROM THE COMMUNITY DEVELOPMENT FUND, FOR PREVENTIVE CODE ENFORCEMENT OFFICERS COSTS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC WORKS. 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. William Gilkey, Director of Human Resources and Economic Development, made the presentation for the ordinance. He indicated that this would provide for four officers and the cost of supplies. He said their intention was to put an en- forcement officer in every district. Council Member Serge asked what the officers do when they are not working in the district. Mr. Gilkey indicated they make out reports and do follow up on problems. M R _1 REGULAR MEETING SEPTEMBER 13,'1976 COMMITTEE OF THE WHOLE MEETING (CONTINUED Council President Parent indicated that the number of complaints he receives has remained about the same, and in certain areas have increased, and he was wondering how the situation could be resolved. Mr. Gilkey indicated he was working with Mr. Brunner, City Attorney, and Mr. Farrand, Director of Public Works to come up with a vehicle that would exp edite the processing of charging the individuals and making them pay. Council Member Szymkowiak indicated it takes too long to get results on these problems. He indicated they should be given forty -eight hours to get the yards cleaned up and the City should get tough. Mr. Gilkey indicated they were attempting a public relations approach and have found that it is more effective. Council Member Adams made a motion that this ordinance be recommender favorably to the Council, seconded by Council Member Szymkowiak. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $935,000 FROM THE COMMUNITY DEVELOPMENT FUND, FOR CON- TINUATION OF REDEVELOPMENT ACTIVITIES, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF REDEVELOPMENT. 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. William Gilkey, Director of Human Resources and Economic Development, made the presentation for the ordinance. He said they were asking for this appropriation to close out work on the R57 Project, which is LaSalle Park, and the R66 Pro- ject, which is Downtown Development. Council Member Adams questioned the need for a legal intern at $5,000 per year, when they have other legal expenses of $8,000. Mr. Wayne Brownell, ExecutivE Director of Redevelopment, indicated that the intern was used to.:work on real estate only. Count Member Adams indicated she thought a deputy city attorney could be assigned to handle this work. She indicated they were paying $40 an hour for legal expense and in other areas of the City we are not paying anywhere near that amount. Council Member Parent indicated there should be some conformity in the City regarding legal fees. Council Member Szymkowiak made a motion that this ordinance be recommended favorably to the Council, seconded by Council Member Dombrowski. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $282,952 FROM THE COMMUNITY DEVELOPMENT FUND, FOR HOUSING ADMINISTRATION COSTS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF HUMAN RESOURCES. 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. William Gilkey, Director of Human Resources and Economic Development, made the presentation for the ordinance. He said they were asking for this appropriation for administration and operating costs for ten neighborhood preservation pro- jects. He said the budget represented minimum costs for the operation and administration of the Bureau's programs. Council President Parent made a motion that this ordinance be recommended favorably to the Counc seconded by Council Member Dombrowski. The motion carried. ORDINANCE AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND.(18141.IRELAND ROAD) . Thisi, being the time heretofore set for public hearing on the above ordinance, proponents and op- ponents were given an opportunity to be heard. Mr. Rick Morgan, attorney for the petitioner, mac the presentation for the ordinance. He indicated this property was located on Ireland Road and was surrounded by land already annexed into the City. Therefore, the owners were requesting annexation, and they were going to petition for the property to be rezoned commercial. Council Member Horvath asked Mr. Farrand, City Engineer, to read his report on this annexation, as fol- lows: "The petition for voluntary annexation for a parcel of land 700.37 feet West of the inter- section of Ireland and Ironwood Roads 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 proposed annexation area is part of an older voluntary annexation by Noel Lueneburg. The area immediately west is part of a more recent voluntary annexation for which a report was made to the Council by letter dated June 10, 1976. This Department sees no problems with this annexation. City sanitary sewer and City water are available to the 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." Council Member Adams indicated that this annexation does not mean it will automatically be re- zoned. She indicated the Council was only voting on the annexation at this meeting. Council Member Adams made a motion that this ordinance be recommended favorably to the Council, seconded by Council Member Szymkowiak. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $162,750 FROM THE COMMUNITY DEVELOPMENT GRANT FUND FOR VARIOUS PUBLIC WORKS PROGRAMS TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC WORKS. 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. Rollin Farrand, Director of the Board of Public Works, made the presentation for the ordinance. REGULAR MEETING SEPTEMBER 13, 1976 COMMITTEE OF THE WHOLE MEETING (CONTINUED He said that as a result of discussions with the Department of Housing and Urban Development, it has been determined that certain steps must be processed through the Common Council regarding appropriating funds from the first year allocation of Community Development funds. It has been determined that Council approval is now required for the expenditure of $162,750 the remaining money in the fund. He then briefly covered the target areas where these funds will be used. He said this appropriation is from the first year's funds, and the programs may well exceed the funds and utilization of second year funds will be used to complete and add to this project list. Council President Parent said that this list of projects does not include the Edison- Rockne - Crest- wood intersection, or the Hickory- Edison intersection. Mr. Farrand indicated they had anticipate receiving more funds, however, the target area was established by HUD and they will not allow us to do any more than what they have targeted. Council President Parent said he would vote against every Public Works ordinance that is presented until these intersections are taken care of. Mr. Farrand indicated that HUD will not allow them to go into any other area, so funding for these intersections will have to come from other sources. Council Member Horvath indicated that when they apply for Federal funds we should include the entire City as the target area. Mr. Farrand indicated that this was what was done with the first year's Community Development funds, how- ever, HUD changed the rule way down the road. Council Member Adams asked when they would have funds to take care of Edison - Crestwood - Rockne intersection. Mr. Farrand indicated he was not pleading lack of funds, but he had to follow certain procedures to get the funds from other areas. Council Member Adams asked when they could expect to see something done out there. Mayor Peter J. Nemeth indicated they were not in a position to give an answer at this meeting. He indicated they would consider the Council's comments in making a decision. He said in view of the fact that the City had been "shot down" on Federal money we will have to have a meeting and decide on our priorities. The motion carried, with Council President Parent opposing. ORDINANCE AN ORDINANCE APPROPRIATING $5,600 FROM FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS VEHICLE MAINTENANCE EQUIPMENT TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC WORKS. 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. Rollin Farrand, Director of Public Works, made the presentation for the ordinance. He said this money would be used to provide hydraulic hoists for the Bureau of Vehicle Maintenance. He said these hoists will facilitate the efforts that department to provide an increasing variety of repairs to the City vehicle fleet. Council Member Adams made a motion that this ordinance be recommended to the Council favorably, seconded by Council Member Dombrowski. The motion carried. ORDINANCE AN ORDINANCE'APPROPRIATING $125,000 FROM THE COMMUNITY DEVELOPMENT GRANT FUND FOR VARIOUS PUBLIC WORKS PROGRAMS TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC WORKS. 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. Rollin Farrand, Director of Public Works, made the presentation for the ordinance. He said there was insufficient money to provide materi for the 1976 Paving Program. He said to supplement this program $125,000 from the second year allocation of Community Development Funds was designated for this material. He said the Com- munity Development funding, together with Revenue Sharing and Motor Vehicle Highway funds, is sufficient to enable the Bureau of Streets to complete a very good paving program. Council President Parent asked what area this was targeted for. Mr. Farrand indicated this will be in the target area. Council President Parent said this was Public Works and he was going to vote against it. Council Member Szymkowiak made a motion that his ordinance be recommended to the Council favorably, seconded by Council Member Adams. The motion carried, with Council President Parent opposing. ORDINANCE AN ORDINANCE APPROPRIATING $12,000 FROM THE COMMUNITY DEVELOPMENT FUND, FOR A HISTORIC PRESERVATION STUDY, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF HUMAN RESOURCES AND THE HISTORIC PRESERVATION COMMISSION OF SOUTH BEND AND ST. JOSEPH COUNTY. 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. William Gilkey, Director of Human Resources and Economic Development made the presentation for the ordinance. He said this money would be used to fund a study on preservation of homes, buildings, and neighborhoods of historic signifi- cance. Council Member Dombrowski made a motion that this ordinance be recommended favorably to the Council, seconded by Council Member Adams. Council Member Miller asked if this $12,000 was all services contractual. Mr. Gilkey indicated it will be used for consulting fees, and he did not feel the $12,000 was going to be enough to do a quality job. The motion carried. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 21, OF THE CITY CODE OF SOUTH BEND, INDIANA, 1971, ALSO KNOWN AS ORDINANCE NO. 4990 -68, AS AMENDED, AND GENERALLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED. 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. Charles Boynton, attorney, made the presenta- tion for the ordinance. He said he represented the River Bend Development, and this ordinance will change the zoning by moving it southward so they could accomodate the building of a motel of hotel unit and the Whitcomb and Keller Building. fie said this ordinance was initiated by the Area Plan Commission. Council President Parent made a motion that this ordinance be recommended favorably to the Council, seconded by Council Member Szymkowiak. Council Member Adams asked as a point of reference if this was the area where they recently had the ground breaking. Mr. Boyn1 said it was. The motion carried. _s REGULAR MEETING SEPTEMBER 13, 1976 COMMITTEE OF THE WHOLE MEETING (CONTINUED There being no further business to come before the Committee of the Whole, Council Member Miller made a motion to rise and report to the Council, seconded by Council Member Taylor. The motion carried. ATTEST: ATTEST: City Clerk Chairman Council Member Dombrowski made a motion to recess the meeting, seconded by Council Member Taylor. The meeting was recessed at 8:35 p.m. and reconvened at 8:55 p.m. 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 8:55 p.m., Council President Parent Presiding, and eight members present. 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 respectfully report that it has inspected the minutes of the August 23, 1976 meeting of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. /s/ Roger 0. Parent /s/ Mary Christine Adams 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 August 30, 1976, meeting of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. /s/ Roger 0. Parent /s/ Mary Christine Adams Council Member Miller made a motion that the minutes of the August 23, 1976 and August 30, 1976, meetings be accepted as read and placed on file, seconded by Council Member Taylor. The motion carried. REPORT FROM THE COMMITTEE OF THE WHOLE Council Member Dombrowski made a motion to waive the reading of the report of the Committee of the Whole, seconded by Council Member Serge. The motion carried with a roll call vote of eight ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Adams, Dombrowski, Horvath and Parent). P P T T T T fnM-q We the undersigned do hereby respectfully make application and petition the Common Council of the City of South Bend, Indiana, to amend the Zoning Ordinance of the City of South Bend as hereinafter requested, and in support of this application, the following facts are shown: 1. The property sought to be rezoned is located at: 18181, 18163 and 18141 Ireland Road, South Bend, Indiana 2. The property is owned by: The West 1/2 of Parcel I is owned by Nohl A. Lueneburg and Betty R. Lueneburg, husband and wife; the East 1/2 of Parcel I is owned by Nohl A. Lueneburg and Gary W. Lueneburg, tenants in common; and Parcel II is owned by Charles E. Koczan and Margaret Koczan, husband and wife. 3. A legal description of the property is as follows: PAP('F.T. T Part of the Southeast 1/4 of the Northeast 1/4 of Section 30, Township 37 North, Range 3 East, St. Joseph County, Indiana, described as beginning at a point on the South line of said Southeast 1/4 of the Northeast 1/4 803.98 feet West of the Southeast corner thereof, which point is on the centerline of a highway known as Ireland Road; running thence North 420.42 feet; thence West 207.22 feet; thence South 420.42 feet; thence East 207.22 feet to the place of beginning. PARCEL II Part of the Southeast Quarter of the Northeast Quarter of Section Thirty (30), REGULAR MEETING SEPTEMBER 13, 1976 REGULAR MEETING RECONVENED (CONTINUED Township Thirtyseven (37) North, Range Three (3) East, described as beginning at a point in the South line of said Southeast Quarter of the Northeast Quarter, Seven Hundred and Thirty -seven Hundredths (700.37) feet West of the Southeast corner thereof, which point is on the center line of a highway known as Ireland Road; running thence North Four Hundred Twenty and Forty -two Hundredths (420.42) feet; thence West one Hundred Three and Sixty -one Hundredths (103.61) feet; thence South Four Hundred Twenty and Forty -two Hundredths (420.42) feet to the South line of said Southeast Quarter of the Northeast Quarter; thence East, along said South line, One Hundred Three and Sixty -one Hundredths (103.61) feet to the place of beginning. 4. It is desired and requested that the foregoing property be rezoned: From A Residential Use and No Height and Area District To C -2 Commercial Use and A Height and Area District. 5. It is proposed that the property will be put to the following use and the following building will be constructed: Restaurant and other permitted uses under C -2 zoning 6. Number of off - street parking spaces to be provided: N/A 7. Attached is (a) an original ordinance and 30 copies; (b) an original petition and 30 copies; (c) a $10 filing fee; (d) an existing plot plan showing my property and other surrounding pro- perties; (3) names and addresses of all the individuals, firms or corporations owning property within 300 feet of the property sought to be rezoned; and (f) 5 copies of a site development plan. Nohl A. Lueneburg and Betty R. Lueneburg, husband and wife; Nohl A. Lueneburg and Gary W. Lueneburg, tenants in common; and Charles E. Koczan and Margaret Koczan, husband and wife. BY: /s /Richard W.. Morgam Thornburg, McGill, Deahl, Harman, Carey & Murray Sixth Floor, First Bank Bldg. South Bend, IN 46601 Petition Prepared by: Richard W. Morgan We the undersigned, do hereby respectfully make application and petition the South Bend Common Council to amend the Zoning Ordinance of The City of South Bend as hereinafter requested, and in support of this application, the following facts are shown: 1. The property sought to be rezoned is located at Near northwest neighborhood 2. The property is owned by residents 3. A legal description of the property is as follows: A parcel of land in the East 1/2 of Section 2, Township 37, North, Range 2 East, Portage Township, St. Joseph County, Indiana, more particularly described as follows: Lots 1 thru 8 of C. E. Smith's Subdivision located on the North side of Portage Avenue at the intersection of Van Buren Street and Portage Avenue. Lots 1 through 8, 20 thru 32 and 42 thru 59 of the 2nd Plat of Shetterley Place located on the North side of Portage Avenue, the West side of Leland Avenue and the North and South side of Rex Street. Lots 1 thru 14, 83 thru 112, 119 thru 182 and the vacated alley between lots 104 and 105 in the 3rd Plat of Shetterley Place bounded by Golden Avenue on the North- west, Portage Avenue on the Southwest, Leland Avenue on the East and Riverside Drive on the Northeast. I Lots 3 thru 23, 28 thru 42, 47 thru 129, 136 thru 178, the North 40 feet of Lot 1 and the North 40 feet of Lot 2 in the�Plat of Cushing and Lindsey Addition bounded by Lincolnway West on the South, Cushing Street on the East, Portage Avenue on the Northeast, California Avenue on the North and Sherman Avenue on the West. REGULAR MEETING SEPTEMBER 13, 1976 REGULAR MEETING RECONVENED (CONTINUED Lots 1 thru 16, 19 thru 22, 24 thru 28 and the North 1/2 of the vacated Old Kankakee Race located on the South property line of Lot 22 in Jas. Kent's Subdivision of B.O.L. 114 and Part of 113 located between Cushing Street on the West, Leland Avenue on the East and North of Lincolnway West. Lots 1 thru 28 in Wm. Miller's Subdivision of B.O.L. 113 bounded by Cushing Street on the West, Lindsey Street on the North and Leland Avenue on the East. Lots 1 thru 34 in St. Joseph County Agriculture Society Addition bounded by Cushing Street on the West, Lindsey Street on the South and Portage Avenue on the North. Lots 4 thru 24 in Studebaker Bros, Subdivision located on the North and South side of Van Buren Street at Portage Avenue. Lots 8 thru 15 and 19 thru 31 in Burrough's Subdivision of Outlot 115 bounded by Leland Avenue on the West, Lindsey Street on the North, Portage Avenue on the East and on the North and South side of Navarre Street. Lots 32 thru 42, 55 thru 66, the East 1/2 of a vacated alley located on -the West line of Lot 66 and a vacated alley between Lots 56 and 57 in Hendrick and Grant Addition located on the North and South side of Marion Street bounded by Leland Avenue on the West and William Street on the East. Lots 5 thru 8, 10 thru 16 and the West 1/2 of a vacated alley located on the East line of Lots 12 and 16 in Smith and Jackson Subdivision located on the East side of Scott Street North of Lincolnway West. Lots 10 thru 11, and East 1/2 of a vacated alley located on the West line of Lot 11 and the West 1/2 of a vacated alley located on the East line of Lot 10 in Part of Kent and Garrison Subdivision located approximately 66 feet West of Leland Avenue on the North side of Marion Street. Excepting therefrom the following described parcels: The North 55 feet of Lots 55 and 56 and the East 1/2 of a vacated.alley on the West line of Lot 56 in Hendrick and Grant Addition located on the Northwest corner of Marion Street and William Street. A parcel of land in the North 1/2 of Section 2, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana, more particularly described as follows: Lots 1 thru 9, 37 thru 45, 71 thru 80 and 106 thru 114 in Portage Park bounded by Golden Avenue on the South, Portage Avenue on the West and Angela Avenue on the North. Lots 397, 398 and 406 thru 411 in Vassar Park located on the South side of Portage Avenue bounded by Blaine Avenue on the West and Allen Street on the East. Lots 151 and 152 in Muessel 3rd Addition located on the Southwest corner of Portage Avenue and Allen Street. Lots 39 thru 45 in Muessel lst Addition located on the South side of Portage Avenue bounded by Allen Street on the West and Sherman Avenue on the East. Lots 4 thru 14 in Bulla and Patton's Addition located on the South side of Portage Avenue and South of Vassar Avenue. A parcel of land in the West 1/2 of Section 2, Township 37 North, Range 2 East, Portage Township, St Joseph County, Indiana, more particularly described as follows: Lots 3 thru 50 in A. G. Cushing's 1st Addition located North of Lincolnway West on the East and West side of Sherman Avenue. Lots 1 thru 12 and 15 thru 38 in A. G. Cushing's 2nd Addition located North of Lindsey Avenue on theEast andWest side of Allen Street. Lots 39 thru 71 in A. G. Cushing's 4th Addition located North of Lindsey Avenue. on the East and West side of Blaine Avenue. Lots 72 thru 99 in A. G. Cushing's 4th Addition located North of Lincolnway West on the East and West side of Cleveland Avenue. Lots 100 thru 105 and 111 thru 121 in A. G. Cushing's 5th Addition located North of Lincolnway West on the East and West side of Diamond Avenue. Lots 122 thru 124 and 135 thru 145 in A. G. Cushing's 6th Addition located North of Lincolnway West on the East side of Sancome Avenue and South of Van Buren Street on the East and West side of Lawndale Avenue. Lots 1 thru 4 in McHenry Subdivision located on the Southeast corner of Van Buren Street and Allen Street. Lots 1 thru 8 in Ward's Subdivision in Cushing's 5th Addition located on the East side of Diamond Avenue North of Van Buren Street. Regular Meeting September 13 1.976 REGULAR MEETING RECONVENED (CONTINUED) Lots 1 thru 8 in Mendenhall and Ward's 1st Addition located on the East side of Lawndale Avenue North of Van Buren Street. Lots 9 thru 16 in Mendenhall and Ward's 2nd Addition located on the West side of Lawndale Avenue North of Van Buren Street. Lots 3 and 4, 9 thru 27, 30 and 33 thru 38 in A. H. Cushing Addition located on the North side of Portage Avenue between Sancome Avenue on the West and Allen Street on the East. Lots l thru 17 in J. L. Taylor's Addition located on the Southwest corner of San - come Avenue and Van Buren Street on the Northeast corner of Van Buren Street and the Chicago- Indiana and Southern Railroad. The North 97 feet of Lot 12 in Smith's Partition Plat located on the West side of Sancome Avenue approximately 182 feet North of Lincolnway West. Lots 1 thru 9 and 13 thru 20 in South Bend Apt. Building Corp. lst Addition located on the East and West side of Sancome Avenue between California Avenue on the North and Van Buren Street on the South. Lots 201 and 209, Lot B, 235 thru 254 and 285 thru 294 in Vassar Park located on the East and West side of Lawndale Avenue and on the East and West side of Diamond Avenue South of California Avenue. Lots 106 thru 137 in Muessel 2nd Addition located on the East and West side of Cleveland Avenue and the East and West side of Blaine Avenue South of California Avenue. Lots 12 thru 25 and 60 thru 73 in Muessellst Addition located on the East and West side of Allen Street and on the East and West side of Sherman Avenue south of California Avenue. A parcel of land in the West 1/2 of Section 1, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana, more particularly described as follows: Lots 1 thru 67, A thru H, K, and L in Hammond and Whitcomb Addition bounded by Bartlett Street on the North, St. Joseph Street on the West, Marion Street on the South and Riverside Drive on the East. The above description be rezoned from "A" B" "C" and "D" to "A" Residential A parcel of land in the West 1/2 of Section 1, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana, more particularly described as follows: Lots 20 thru 25, the vacated alley on the East property line of said Lots 20 thru 25 and the vacated alley on the North property line of said Lot 25 in J. G. Bart - lett's First Addition located on the East side of Main Street and North of Navarre Street. Lots 154, 155 and 156 in the Original Plat of South Bend located on the Southeast corner of Navarre Street and Main Street The above description be rezoned from "B" to "C" Commercial. A parcel of land in the West 1/2 of Section 1, Township 37, North, Range 2 East, Portage Township, St. Joseph County, Indiana, more particularly described as follows: Lots 187 thru 192, 199 thru 204 and the vacated alley between Lots 201 and 202 in the Original Plat of South Bend located on the West side of Main Street bounded by Madison Street on the South and Navarre Street on the North. The above description be rezoned from "C" Commercial to "B" Residential. A parcel of land in the West 1/2 of Section 1, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana, more particularly described as follows: Lot 16 in J. G. Bartlett's First Addition located on the Northwest corner of Michigan Street and Bartlett Street and Lots 26, 27 28 and the vacated alley on the East property line of said Lots 26, 27 and 28 in J. G. Bartlett's First Addition located on the Southeast corner of Main Street and Bartlett Street. Lots 35, 36, 37 39 and the East 165 feet of B.O.L. 124 in J. G. Bartlett's 2nd Addition located on the West side of Michigan Street and South of Park Lane. The above description be rezoned from "C -1" Commercial to "C" Commercial. 5. It is proposed the property will be put to the following use and the following building will be constructed: N/A 6. Number of off - street parking spaces to be provided: N/A REGULAR MEETING SEPTFXRFR 13, 1c)7_6 REGULAR MEETING RECONVENED (CONTINUED) 7. Attached is a copy of (a) an existing plot plan showing property and other surrounding properties; (b) names and addresses of all the individuals, firms or corporations owning property within 300 feet of the property sought to be rezoned; and (c) site development plan. Petition Prepared by Area Plan Commission Council President Parent announced that these petitions would be handled along with the ordinance when they had first reading. ORDINANCES, SECOND READING 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). (SOUTHEAST CORNER OF ST. JOSEPH ST. & IRELAND ROAD). Council Member Adams made a motion to continue public hearing on this ordinance until September 27, 1976, seconded by Council Member Dombrowski. The motion carried. ORDINANCE NO. 6018 -76 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). (556.45 FEET SOUTH OF THE INTERSECTION OF MIAMI AND IRELAND ROADS) . This ordinance had second reading. Council Member Taylor made a motion to pass the ordinance, seconded by Council Member Dombrowski. The ordinance passed on a roll call vote of eight ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Adams, Dombrowski, Horvath and Parent). ORDINANCE NO. 6019 -76 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 second reading. Council Member Serge made a motion to pass the ordinance, seconded by Council Member Horvath. The ordinance passed on a roll call vote of eight ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Adams, Dombrowski, Horvath and Parent). ORDINANCE NO. 6020 -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) (119 E. MARION ST.) This ordinance had second reading. Council Member Serge made a motion to pass this ordinance, seconded by Council Member Dombrowski. The ordinance passed by a roll call vote of eight ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Adams, Dombrowski, Horvath and Parent). ORDINANCE NO. 6021 -76 AN ORDINANCE APPROPRIATING $87,334 FROM THE COMMUNITY DEVELOPMENT FUND, FOR SUBSTANDARD DEMOLITION, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC WORKS. This ordinance had second reading. Council Member Taylor made a motion to pass this ordinance, seconded by Council Member Szymkowiak. The ordinance passed by a roll call vote of eight ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Adams, Dombrowski, Horvath and Parent). ORDINANCE NO. 6022 -76 AN ORDINANCE APPROPRIATING $42,434 FROM THE COMMUNITY DEVELOPMENT FUND, FOR PREVENTIVE CODE ENFORCEMENT OFFICERS COSTS, TO BE ADMIN- ISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC WORKS. This ordinance had second reading. Council Member Szymkowiak made a motion to pass this ordinan seconded by Council Member Dombrowski. The ordinance passed by a roll call vote of eight ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Adams, Dombrowski, Horvath and Parent). ORDINANCE NO. 6023 -76 AN ORDINANCE APPROPRIATING $935,000 FROM THE COMMUNITY DEVELOPMENT FUND, FOR CONTINUATION OF REDEVELOPMENT ACTIVITIES, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF HUMAN RESOURCES. This ordinance had second reading. Council Member Szymkowiak made a motion to pass this ordinan seconded by Council Member Adams. The ordinance passed by a roll call vote of eight ayes (Counc Members Serge, Szymkowiak, Miller, Taylor, Adams,, Dombrowski, Horvath and Parent). ORDINANCE NO. 6024 -76 AN ORDINANCE APPROPRIATING $282,952 FROM THE COMMUNITY DEVELOPMENT FUND, FOR HOUSING ADMIN- ISTRATION COSTS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF HUMAN RESOURCES. This ordinance had second reading. Council Member Serge made a motion to pass this ordinance, seconded by Council Member Taylor. The ordinance passed by a roll call vote of eight ayes REGULAR MEETING SEPTEMBER 13, 1976 REGULAR MEETING RECONVENED (Council Members Serge, Szymkowiak, Miller, Taylor, Adams, Dombrowski, Horvath and Parent). ORDINANCE NO. 6025 -76 AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND (18141 IRELAND ROAD) . This ordinance had second reading. Council Member Horvath made a motion to pass the ordinance, seconded by Council Member Dombrowski. The ordinance passed by a roll call vote of eight ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Adams, Dombrowski, Horvath and Parent). ORDINANCE NO. 6026 -76 AN ORDINANCE APPROPRIATING $162,750.00 FROM THE COMMUNITY DEVELOPMENT GRANT FUND FOR VARIOUS PUBLIC WORKS PROGRAMS TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC WORKS. This ordinance had second reading. Council Member Szymkowiak made a motion to pass the ordinance, seconded by Council Member Taylor. The ordinance passed by a roll call vote of seven ayes (Counci Members Serge, Szymkowiak, Miller, Taylor, Adams, Dombrowski, Horvath) and one nay (Council Member Parent) . ORDINANCE NO. 6027 -76 AN ORDINANCE APPROPRIATING $5,600 FROM FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING FOR VARIOUS VEHICLE MAINTENANCE EQUIPMENT TO BE ADMIN- ISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC WORKS. This ordinance had second reading. Council Member Adams made a motion to pass the ordinance, seconded by Council Member Dombrowski. The ordinance passed by a roll call vote of eight ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Adams, Dombrowski, Horvath and Parent). ORDINANCE NO. 6028 -76 AN ORDINANCE APPROPRIATING $125,000 FROM THE COMMUNITY DEVELOPMENT FUND FOR VARIOUS PUBLIC WORKS PROGRAMS TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPART- MENT OF PUBLIC WORKS. This ordinance had second reading.. Council Member Szymkowiak made a motion to pass the.ordinance, seconded by Council Member Adams. The ordinance passed by a roll call vote of eight ayes (Counci Members Serge, Szymkowiak, Miller, Taylor, Adams, Dombrowski, Horvath and Parent). ORDINANCE NO. 6029 -76 AN ORDINANCE APPROPRIATING $12,000 FROM THE COMMUNITY DEVELOPMENT FUND, FOR A HISTORIC PRESERVATION STUDY, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF HUMAN RESOURCES AND THE HISTORIC PRESERVATION COMMISSION OF SOUTH BEND AND ST. JOSEPH COUNTY. This ordinance had second reading. Council Member Dombrowski made a motion to pass this ordinanc seconded by Council Member Adams. The ordinance passed by a roll call vote of eight ayes (Counci Members Serge, Szymkowiak, Miller, Taylor, Adams, Dombrowski, Horvath and Parent). ORDINANCE NO. 6030 -76 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 21 OF THE CITY CODE OF SOUTH BEND, INDIANA, 1971, ALSO KNOWN AS ORDINANCE NO. 4990 -68, AS AMENDED, AND GENERALLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED. (SOUTH OF JEFFERSON BLVD., WEST OF THE ST. JOSEPH RIVER, NORTH OF MONROE ST., AND EAST OF COLUMBIA ST.) This ordinance had second reading. Council Member Szymkowiak made a motion to pass this ordinanc seconded by Council Member Dombrowski. The ordinance passed by a roll call vote of eight ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Adams, Dombrowski, Horvath and Parent). RESOLUTIONS RESOLUTION NO. 533 -76 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE AWARDING OF NINE CONTRACTS IN EXCESS OF $5,000 FOR RE- HABILITATION WORK IN THE COMMUNITY DEVELOPMENT PROGRAM. WHEREAS, under the provisions of Ordinance No. 5872 -75, passed by the South Bend Common Counc 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 nine 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 Charles Brown Maintenance Service for the rehabilitation of, the following properties: Lot 24 Orchard Hgts. 502 N. Euclid Avenue $5,654.00 Lot 81 Subdivision 636 Diamond Avenue $6,555.00 Orchard Heights Ll REGULAR MEETING SEPTEMBER 13, 1976 REGULAR MEETING RECONVENED (CONTINUED) 2. That approval be granted to the Redevelopment Commission of the City of South Bend, Indiana, to enter into a contract with Slatile Roofing and Sheet Metal, Inc. for the re- habilitation of the following properties: Lot Q Elder Place 409 Paris Street $7,945.00 Lot 234 -235 W &K 3rd 1414 Marietta Street 5,799.00 Lot 83 Wengers 5th 1015 Marietta Street 7,575.00 Lot 105 -6 Haneys Add 1511 S. Carroll Street 6,213.00 3. That approval be granted to the Redevelopment Commission of the City of South Bend, Indiana, to enter into a contract with Area Services, Inc. for the rehabilitation of the follow- ing properties. Lot 53 Haneys Add 206 E. Pennsylvania St. $7,749.00 Lot 146 W &K Replat 1312 Marietta Street - 7,224.00 Wengers 6th Lot 26 Haneys Add. 126 E. Broadway Street 5,958.00 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/ Roger 0. Parent Member of the Common Council A public hearing was held at this time on the resolution. Mr. Keith Crighton, Director of the Bureau of Housing, read the resolution. Council Member Serge made a motion that this resolution be adopted, seconded by Council Member Szymkowiak. Council Member Taylor said he had received a letter questioning whether or not the person who resides at 126 E. Broadway was qualified. Mr. Crighton said that in order to qualify an applicant must be the home owner or the land contract occupant. He indicated that all applications are approved by the Southeast Advisory Committee. Council Member Taylor asked that Mr. Crighton send him information on the occupant at 126 E. Broadway. Council Member Serge asked that when these homes are completed he be notified so he could inspect it, if it is in his district. Mr. Crighton said he would notify him when the home on Diamond was completed. The resolution was adopted by a roll call vote of eight ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Adams, Dombrowski, Horvath and Parent). RESOLUTION NO. 534 -76 A RESOLUTION TRANSFERRING $500.00 FROM ACCOUNT 722.0 "MOTOR EQUIPMENT" TO AC- COUNT 725.0 "OFFICE EQUIPMENT." BOTH ACCOUNTS BEING WITHIN THE HUMAN RIGHTS. COMMISSION FUND. WHEREAS, certain extraordinary conditions have developed since the adoption of the existing annual budget so that it is now necessary to transfer money from one account to another in the annual budget for various functions of the Human Rights Commission to meet such extraordinary emergencies, and WHEREAS, it has been ascertained that a certain account in the Human Rights Commission Fund has more money than is needed at this time. SECTION I. ACCOUNT Properties 722.0 SECTION II. Account Properties 725.0 That the following account be reduced as set forth below: DESCRIPTION Motor Equipment AMOUNT $500.00 That the following account be increased as set forth below: DESCRIPTION Office Equipment AMOUNT $500.00 SECTION III. That the transfer of funds as set forth in Sections I and II are required for the proper and efficient operation and function of the Human Rights Commission and an extraordinary emergency is declared to exist concerning the foregoingtransfer. SECTION IV. This Resolution shall be in full force and effect from and after its passage by the Common Council of the City of South Bend. /s/ Roger G. Taylor Member of the Common Council REGULAR MEETING SEPTEMBER 13, 1976 I REGULAR MEETING RECONVENED A public hearing was held at this time on the resolution. Mr. Peter Mullen, City Controller, in dicated this transfer was to purchase a.typewriter for the Human Rights Commission. Council Member Adams made a motion to amend the resolution in Section IV by adding "and approval by the Mayor, seconded by Council Member Miller. The motion carried. Council Member Miller made a mot that the resolution be adopted, seconded by Council Member Adams. The resolution was adopted by a roll call vote of eight ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Adams, Dom- browski, Horvath and Parent). ORDINANCES, FIRST READING ORDINANCE AN ORDINANCE AMENDING CHAPTER 7 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND INDIANA, BY THE ADDITION OF ARTICLE 9, PERTAINING TO MASSAGE`ESTABLISHMENTS, N_`JSSAGE TECHNICIANS, AND THE PRACTICE OF MASSAGE. This ordinance had first reading. Council Member Miller made a motion to set this ordinance for public hearing and second reading October 11, 1976, seconded by Council Member Dombrowski. The motion carried. Council President Parent asked the Council attorney to do a thorough study on massage parlors. ORDINANCE AN ORDINANCE APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE AND ECONOMIC DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO BENEDICT R. LEYBA AND ELSIE M. LEYBA, HUSBAND AND WIFE; STEVEN M. SULENTIC AND DONNARAE M. SULENTIC, HUSBAND AND WIFE: AND DUANE D. BEVIS. This ordinance had first reading. Council Member Miller made a motion to set this ordinance for Public hearing and second reading September 27, 1976, seconded by Council Member Taylor. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $705,000 FROM THE COMMUNITY DEVELOPMENT FUND, FOR HOUSING RE- HABILITATION LOANS AND GRANTS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS BUREAU OF HOUSING. This ordinance had first reading. Council . public hearing and second reading September motion carried. Member Taylor made a motion to set this ordinance for 27, 1976, seconded by Council Member Adams. The ORDINANCE AN ORDINANCE APPROPRIATING $40,000 FROM THE COMMUNITY DEVELOPMENT FUND, FOR NON - PROFIT HOUSING REHABILITATION LOANS AND GRANTS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS BUREAU OF HOUSING. This ordinance had first reading. Council Member Miller made a motion to set this ordinance for public hearing and second reading September 27, 1976, seconded by Council Member Taylor. The motion carried. ORDINANCE AN ORDINANCE TRANSFERRING $46,000 IN THE GENERAL PARK FUND. ALL TRANSFERS ARE BEING MADE IN VARIOUS BUDGET CLASSIFICATIONS WITHIN THE GENERAL PARK FUND. This ordinance had first reading. Council Member Miller made a motion to set this ordinance for public hearing and second reading September 27, 1976, seconded by Council Member Dombrowski. 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 21, MUNICIPAL CODE). (18181, 18163 18141 IRELAND ROAD). This ordinance had first reading. Council Member Miller made a motion to send this ordinance to ARea Plan, seconded by Council Member Adams. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $7,000.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC WORKS PROGRAMS. TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE BUREAU OF BUILDING MAINENANCE (MSF). This ordinance had first reading. Council Member Miller made a motion to set this ordinance for public hearing and second reading September 27, 1976, seconded by Council Member Dombrowski. The motion carried. REGULAR MEETING SEPTEMBER 13, 1976 REGULAR MEETING RECONVENED (CONTINUED) ORDINANCE AN ORDINANCE TRANSFERRING THE SUM OF $1,300.00 FROM VARIOUS ACCOUNTS WITHIN THE BUREAU OF COM- MUNICATIONS BUDGET TO ACCOUNT 370.0 "OTHER SUPPLIES" WITHIN THE BUREAU OF COMMUNICATIONS BUDGET. ALL ACCOUNTS BEING WITHIN THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. This ordinance had first reading. Council Member Miller made a motion to set this ordinance for public hearing and second reading September 27, 1976, seconded by Council Member Taylor. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $10,000 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING FOR VARIOUS PUBLIC SAFETY PROGRAMS, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF PUBLIC WORKS OF THE CITY OF SOUTH BEND. This ordinance had first reading. Council Member Adams made a motion to set this ordinance for public hearing and second reading September 27, 1976, seconded by Council Member Dombrowski. T motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $30,000 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 POLICE DEPARTMENT. This ordinance had first reading. Council Member Dombrowski made a motion to set this ordinance for public hearing and second reading September 27, 1976, seconded by Council Member Adams. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $5,000.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC HEALTH AND SAFETY PROGRAMS, TO BE AD- MINISTERED BY THE CITY OF SOUTH BEND THROUGH THE BUREAU OF ENVIROMENTAL CONTROL. This ordinance had first reading. Council Member Szymkowiak made a motion to set this ordinance for public hearing and second reading September 27, 1976, seconded by Council Member Adams. The motion carried. ORDINANCE AN ORDINANCE AMENDING CHAPTER 16, ARTICLE 2, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA PERTAINING TO THE RULES AND REGULATIONS OF THE BOARD OF PUBLIC WORKS AND THE ADDITION OF AUTHORIZING THE TAKING OF PROPOSALS FOR INSURANCE COVERAGE OF THE CITY. This ordinance had first reading. Council Member Serge made a motion to set this ordinance for public hearing and second reading September 27, 1976, seconded by Council Member Dombrowski. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $22,000.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS POLICE EQUIPMENT, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE BUREAU OF POLICE PROTECTION. This ordinance had first reading. Council Member Szymkowiak made a motion to set this ordinance for public hearing and second reading September 27, 1976, seconded by Council Member Adams. The motion carried. ORDINANCE AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS FROM THE MOTOR VEHICLE HIGHWAY FUND IN THE AMOUNT OF $9,000.00 TO ACCOUNTS 323.0 TIRES, AND 726.0 OTHER EQUIPMENT, BOTH ACCOUNTS BEING WITHIN THE BUREAU OF STREETS OF THE MOTOR VEHICLE HIGHWAY FUND. This ordinance had first reading. Council Member Adams made a motion to set this ordinance for public hearing and second reading September 27, 1976, seconded by Council Member Dombrowski. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $36,000 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 THE BUREAU OF SUBSTANDARD BUILDINGS. This ordinance had first reading. Council Member Adams made a motion to set this ordinance for public hearing and second reading September 27, 1976, seconded by Council Member Dombrowski. Th( motion carried. REGULAR MMEETING SEPTEMBER 13, 1976 S REGULAR MEETING RECONVENED (CONTINUED) ORDINANCE AN ORDINANCE APPROPRIATING THE SUM OF $46,000.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND TO THE GENERAL IMPROVEMENT FUND. This ordinance had first reading. Council Member Miller made a motion to set this ordinance for public hearing and second reading September 27, 1976, seconded by Council Member Taylor. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $28,000.00 FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND FOR REPAIRS AND RENOVATION OF A PORTION OF THE RETAINING WALL ALONG THE ST. JOSEPH RIVER TO BE ADMINISTERED BY THE DEPARTMENT OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA. This ordinance had first reading. Council Member Adams made a motion to set this ordinance for public hearing and second reading September 27, 1976, seconded by Council Member Dombrowski. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $54,000.00 FROM THE LOCAL ROADS AND STREETS FUND AND $6,000.00 FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND TO PROJECT R & S 89 -1976, COLFAX AVENUE BRIDGE. This ordinance had first reading. Council Member Dombrowski made a motion to set this ordinance for public hearing and second reading October 11, 1976, the motion failed since it did not receive a second. Council President Parent asked Mr. Farrand if this ordinance was for the redesign of the Colfax Bridge. Mr. Farrand, City Engineer, indicated this was for the redesign leading up to the construction on this bridge. He indicated we would probably receive some Federal funds. Council Member Dombrowski made a motion to set this ordinance for public hearing and second read - ing September 27, 1976, seconded by Council Member Adams. 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 21, MUNICIPAL CODE). (NEAR NORTH- WEST NEIGHBORHOOD). This ordinance had first reading. Council Member Adams made a motion to send this ordinance to Area Plan, seconded by Council Member Dombrowski. The motion carried. 1IPRIVILEGE OF THE FLOOR Dr. Lillian Stanton, 919 Oak Ridge, presented the second annual report on the Status of Women to the Council. Mr. Arthur Langel, 526 W. Colfax, indicated he was at this meeting to expose criminals and make a plea against crime. He indicated he planned to filibuster the meeting by reading the yellow pages of the phone book. Council Member Miller called for a point of order. He said the Council rules do not provide for a filibuster, they do provide for adequate time for privilege of the floor and we feel we have given you an adequate time. He made a motion that the Council go on to the next order of business, seconded by Council Member Dombrowski. The motion carried. There being no further business to come before the Council, unfinished or new, Council Member Tayl made a motion to adjourn, seconded by Council Member Dombrowski. The motion carried and the meeti was, adjourned at 9:40 p.m. ATTEST: APPROVED: city Clerk Pres de