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HomeMy WebLinkAbout10-11-76 Council Meeting Minutes11 REGULAR MEETING OCTOBER 11, 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, October 11, 1976, at 7:00 p.m., 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, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent ABSENT: None Council Member Kopczynski made a motion to resolve into the Committee of the Whole,. seconded by Council Member Adams. The motion carried. COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on Monday, October 11, 1976, at 7:05 p.m., with nine members present. Chairman Frank _Horvath presiding. 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 ES- TABLISHMENTS, MASSAGE TECHNICIANS; AND THE PRACTICE OF MASSAGE 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 made the presentation for the ordinance. He presented amendments to the ordinance to the Council. He indicated that he was informed the Council was deferring everything but the public hearing on this until they have had an opportunity to review the proposed amendment. Council Member Horvath indicated the Council needed further time to study the proposed amendments, however, they would have public hearing because the ordinance had been advertised. Mr. Brunner, City Attorney, indicated that too often massage parlors have been the front for illegal activities, mainly prostitution. He said mas- sage has been a recommended practice in the community for many, many years. He indicated this ordinance sets up a procedure for licensing legitimate massage parlors. He said the amendments he was offering was to clarify some language in the ordinance. He said he believed this ordi- nance was constitutional and would stand a test. He then read the following amendments to the ordinances Page 1, Section 1 (c) add "to a patron "; page 2 (d) strike "exterior or" (3) strike "furniture or" and "hard and 'substitute "solid" for hard; Seca 112 strike (3) in its entirety; on page 4_define stockholders add "who owns fifteen (15) percent or more of the stock: page 5 (c) 2 strike "in all respects;" page 6 (c) 2 strike "in all respects "; page 7, section 7 -120 strike "or the breasts of any female patron ". He indicated these amendments had been worked out in accordance with several massage technicians in the community. Ms. Kathy Cekanski, Council's attorney, said that in accordance with the request of the Council she had made a review of this ordinance. She presented her amendments to the Council. She indicated she thought the Council needed more time to look into this because it was important that they try to obtain the best legislation. Mr. Bruce Stewart, attorney, indicated his interest in this ordinance was that he represented a client. in the massage business. He indicated he had reviewed the proposed ordinanc_, althought not as amended, but the amendments did not cover some of what he considered to be de- fects from a constitutional standpoint. He said Section 7 -111, (a) he did not think the security` deposit was constitutional defensible. He said he thought (c) went to far since the same room could be used for male and female at different times. He said (d) the lighting problem and ( g g P locked door presents a problem that could be overturned in the courts. He said in Section 7 -112 the hours of operation should be looked at very carefully. He said in paragraph (3) of that section he thought there was too much detail, and it could be corrected by requiring the match- ing of sex between the massager and the patron. He said in paragraph (g) police officers and building inspectors were obligated to recognize disease. He said in Section 7 -113 he said he thought that the requiring of fingerprints and all convictions, including ordinance violations m a constitutional stand oint -went too far. He said paragraph (c) sub section 5 was overbroad fro p REGULAR MFFTING OCTOBER 11 1976 COMMITTEE OF THE WHOLE MEETING (CONTINUED) He said sub - section 6 went too far and was too vague. He said in sub - section 7 there should be specific reasons for any denial or revocation. He said in Section 7 -114 there was wording that could cause problems. He said in paragraph 2, a to c, at the beginning it says "in addition the application should furnish the following" and then it says the massage establishment, he would have to bring in the building. He said in (b) a great deal of thought should be given to whether the chief of police is the ideal person regarding someone applying for a license. He indicated he thought this would require someone with more expertise. He asked the Council to work this over, amend it and come up with a good ordinance. Mrs. Jane Swan, 2022 Swygart, asked if there would be a continuation of the public hearing. Council Member Horvath indicated there would be. Council Member Dombrowski made a motion that this ordinance be set for the first meeting in November, seconded by Council Member Parent. The motion carried. ORDINANCE AN ORDINANCE AMENDING CHAPTER 16, ARTICLE 2, OF THE MUNICIPAL CODE OF THECITY 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. 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. Peter Mullen, City Controller made the pre- sentation for the ordinance. He indicated this public hearing was continued from last meeting. He said his office had recommended this amendment to the existing ordinance pertaining to the bidding of insurance. Council Member Adams said the committee on specifications had met and the majority was in favor of competitive bidding every three years. She made a motion to change Section 16 -2 -B, 1., to read "Effective immediately all contracts for insurance coverage shall be subject to competitive proposals every three years, "seconded by Council Member Taylor. Counc: President Parent indicated they had the same situation and since there was no change they should strike the entire thing. Council Member Adams indicated that the consultant in Chicago told her that they could not expect anyone to give a sealed bid. Council President Parent indicated that in fact the City will not be in a situation of accepting sealed bids so they were right back to where they were. He indicated he would not want to lead anyone to believe the City was in a com- petitive bid situation on insurance. He said he thought another ordinance should be written and this one struck from the record because it was a little misleading. Council Member Adams in- dicated she would like to withdraw her motion because Council President Parent had intimated the, were going back to the old politics, and she had sponsored the original ordinance. She asked Council Member Taylor to withdraw his second. Council Member Taylor indicated he thought they were getting a little additional accountability and he thought the motion and the amendment shout stay. Council President Parent indicated he was going to vote against the amendment since the Council was for competitive bidding and this wipes it out. Council Member Adams asked Kathy Cekanski, Council's attorney, if we would still be accepting competitive bidding by the way this is written. Ms. Cekanski indicated that the prupose behind the first ordinance was to bring it to the public. She said the proposal is to change this from a bid to a proposal and they would still be getting accountability. She said from a legal standpoint this would be a far better ordinance. Council Member Miller called for the question. Council President Parent indicated that the amendment reduced the control. He said the original ordinance indicated we accepted sealed bids, and he would like the public to know they were going away from that. Council Member Adams asked Kathy Cekanski for her opinion. Kathy Cekanski indicated this amendment would delet( the section which would bring the accountability to the Board of Public Works, therefore, they would be in the same situation they were prior to the original ordinance. Council Member Horvatl indicated that in the last negotiations the City saved approximately $100,000 by being able to negotiate. Council Member Adams indicated that the question before the Council was whether there was going to be proposals every three years or every year. Then leave Section D in its entirety and get rid of "sealed ". She said she would like to recommend this go back to the:Committee of Administration and Finance and if necessary redraft the entire ordinance. Council Member Miller indicated that he did not understand the problem since the Council has had two weeks to study this, and the Council representative indicated she talked with the insurance consultant and they indicated sealed bids were not acceptable. He said the question before the Council was not the Board of Works problem it only involves the three years. Council Member Adams indicated that so the public was not mislead, the Board of Public Works will still be purchasing the in- surance. She said she would like Councilman Taylor to withdraw his second and continue this for two weeks so everyone could do the proper homework. A roll call vote was taken on the amendment and it passed with a vote of eight ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, and Horvath) and one nay (Council Member Parent). Council Member Adams made a motion to send this to the Committee of the Whole and continue the public hearing until the 25th of October, and that the Committee of the Whole report at the public meeting, secoi by Council Member Parent. A roll callvote was taken on the motion and it failed by a vote of three ayes (Council Members Adams, Dombrowski and Parent) and six nays (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, and Horvath). Council Member Miller made a motion this ordinance go to Council favorably, as amended, seconded by Council Member Taylor. Council Member Adams made a motion to change paragraph 2 in the ordinance to amend paragraph d in the original ordinance by removing the word "sealed" and changing one hundred and twenty (120) days to thirty (3q) days, seconded by Council Member Taylor. Council President Parent indicated that this was an attempt to lead the public to believe that we are doing something that in fact we are not doing, so we should strike this in its entirety. A vote was taken on the amendment and it carried with Council President Parent opposing. A roll call vote was taken on the motion to send this ordinance to Council favorably, as amended. The motion carried by a vote of eight ayes (Council Members Serge, Szymkowiak, Miller, Taylor Kopczynski, Adams, Dombrowski, Horvath) and one nay (Council Member Parent). 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 RELATIVE TO THE POWERS AND DUTIES OF THE HISTORIC PRESERVATION COMMISSION OF SOUTH BEND AND ST. JOSEPH COUNTY. N REGULAR MEETING OCTOBER 11 1976 COMMITTEE OF THE WHOLE MEETING (CONTINUED) 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. John Oxian, Vice President of the Historic Preservation Commission,made the presentation for the ordinance. He said the important aspect of this amendment is there have been several interpretations regarding powers of the Commission over prosr_ctive landmarks. This ordinance will specifically state the powers concerning landmarks. He said a similar ordinance had already been passed by the County Council. Council Members Dombrowski made a motion that this ordinance be recommended to the Council favorably, 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) (NORTHEAST CORNER OF BENDIX DRIVE AND GREEN STREET) 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. Wilfred Mayette, attorney, made the presenta- tion for the ordinance. He passed out photos of the area showing a view of the site in question. He said the present zoning is "B" residential and "A" residential. He said they were requesting the property he.rezored to "C" commercial. He said he was appearing on behalf of the A.A.A. Credit Union and Thrify Rent -A -Car. He said the property is presently unimproved and very un- sightly. He said it is overgrown with weeds and there is an unimproved alley that runs north and south. He described the surrounding area. He indicated that Area Plan had recommended this favorably. He said they intended to build a 40 x 60' one story structure, and to shield the property from the one residence they will build a 6' redwood fence. He explained the landscaping that would surround the building. Ms. Connie Shelton, 52837 Hasting Rd., asked if this was in violation of the City zoning code. Council Member Horvath indicated it was not in violation. Mr. Chuck VanDeVein, Jr., spoke against the rezoning. He said once this rezoning is passed this business could be changed to repair cars, etc. He presented to the Council a petition againstthe rezoning, he had circulated. Council Member Szymkowiak presented a petition with 92 signatures. He said these people were in favor of preserving the neighborhood. Council Member Szymkowiak mad a motion that this ordinance go to Council unfavorably, seconded by Council Member Dombrowski. T motion carried by a roll call vote of six ayes (Council Members Serge, Szymkowiak, Kopczynski, Adams, Dombrowski, and Parent) and three nays (Council Members Miller, Taylor and Horvath). 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). (1827 IRELAND ROAD) . Since there was no one in the Chambers to make the presentation for this ordinance, Council Pre- sident Parent made a motion to move on to the next item of business, seconded by Council Member Kopczynski. The motion carried. Council Member Taylor made a motion to recess, seconded by Council Member Dombrowski. The motion carried and the meeting was recessed at 8:45 p.m., and reconvened at 9:03 p.m. 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). (NORTHWEST CORNER OF MICHIGAN STREET (U.S. 31 SOUTH) AND WALTER STREET) . 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. Rick Morgan, attorney, made the presentation for the ordinance. He said he represented Dr. Elmer Graber who plans to lease this property to Wendy's of Fort Wayne. He said they desired to rezone two pie:.ces of property from A residential to C commercial. He described the properties surround this land and said this was in accordance with the surrounding uses. He indicated there would be one curb cut on Michigan Street. Council Member Kopczynski made a motion that this ordinance be recommended to the Council favorably, 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) (1800 BLOCK OF SOUTH IRONWOOD DR., FROM RANDOLPH ST., SOUTH TO A POINT 35 FEET NORTH OF CALVERT 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. Ms. Judy Struder, of the Area Plan Commission, presented an amended ordinance to the Clerk and the Council. Council Member Miller made a motion this ordinance be amended as presented to the Clerk and the Council, seconded by Council Member Kopczynski. The motion carried. Council President Parent made the presentation for the ordinance He said he had been contacted by the neighborhood to initiate this ordinance. He said that to- gether with Council Member Serge, he had requested Area Plan work with the Association in the preparation of the ordinance. He said he was pleased to support this ordinance. Mr. Richard Ludwick, 735 Park Avenue, spoke regarding the Fassnachts who recently celebrated their 65th wed- ding anniversary and lived at 607 Park Avenue all their married life. Mr. Brian Crumlish, 1091 Riverside Dr., representative of the Near Northwest Homeowners Association, spoke in favor of this ordinance and the objectives. Mrs. Jane Swan, 2022 Swygart, spoke in favor of the ordi- nance and the betterment of neighborhoods. Mayor Peter J. Nemeth spoke in favor of the ordinance and indicated the City wants to do everything they can to protect our neighborhoods. Council Member Kopczynski indicated he thought PANA should be commended for this ordinance and they should go one stop further and make sure the ordinance is enforced. Council Member Taylor com- mended PANA for theirsplen.did, organization. Council Member Serge made a motion this ordinance be recommended to the Council favorably, as amended, seconded by Council Member Parent. The motion carried. REGULAR MEETING OCTOBER 11, 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). (18181, 18163 AND 18141 IRELAND ROAD) . Council President Parent made a motion this ordinance be continued until the first meeting in December, seconded by Council Member Dombrowski. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING THE SUM OF $15,000 TO LINE ITEM 260.0 CONTRACTUAL SERVICES, WITHIN THE CUMULATIVE SEWER BUILDING AND SINKING FUND, TO BE ADMINISTERED BY THE BUREAU OF STREETS IN THE REPAIR OF SEWER STRUCTURES AND RELATED RE- CONSTRUCTION. 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. David Wells, Manager of the Bureau of Design and Administration, made the presentation for the ordinance. He said because of the unusally large number of sewer cave -ins that have occurred during the summer the Bureau of Streets is faced with the necessity of replacing concrete for repair work, such as, curb and gutter repair, in excess of the amount covered by the budget and previous appropriations. Council Member Kopczynski made a motion this ordinance be recommended to the Council favorably, seconded by Council Member Adams. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $13,657.00 FROM THE FEDERAL ASSISTANCE.GRANT COMMONLY RE- FERRED TO AS GENERAL REVENUE SHARING, FOR ESTABLISHING THE DISCOVERY HALL PORTION OF CENTURY CENTER, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE DEPART- MENT OF ADMINISTRATION AND FINANCE. 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. Peter Mullen, City Controller, made the presentation for the ordinance. He said these funds will be used to set up the.operation of Discovery Hall. He said it will take a significant amount of lead time to prepare for the open- ing in 1978. He said these monies, if appropriated, would be used to hire a secretary and a curator /director for the last three months of 1976. Dr. Ritter, 1432 Sunnymede, asked the of- ficial definition of Discovery Hall, and the language of the ordinance creating it. She was informed there wasn't any ordinance creating Discovery Hall. Mr. Ron Radicki, Chairman of the Discovery Hall Advisory Committee, said the City had received a grant for a study on Discovery Hall. He said the proposal indicated that a curator /director should be hired and a portion of money set aside for planning. Dr. Ritter indicated the Council was appropriating money for a non - existing entity, and that when money is appropriated there should be guidelines. Council Member Miller indicated that this proposed ordinance states this will be set up and administered by the City of South Bend. He said we currently have a budget for the Studebaker Car Collection and this is an extension of that. Council Member Miller indicated they were going to amend this ordinance to set up the director's salary for six weeks. He asked for the PERF, FICA and group insurance costs for six weeks based on a salary of $2,000. He made a motion to amend the ordi- nance by adding six weeks after salaries, and changing the amount to $2,000, remove the $2,600 listed for furniture and fixtures, reduce the social security to $117, PERF to $144.20 and group insurance to $80, for a total of $6,471.20 and to change that total wherever it appeared in the ordinance, seconded by Council Member Taylor. The motion carried with Council Member Adams opposing. Council Member Adams made a motion to amend the ordinance under salaries to read six weeks and the amount to reflect whatever would work out to an annual salary of $15,000, seconded by Council Member Kopczynski. The motion lost on a roll call vote of three ayes (Counc_ Members Kopczynski, Adams, and Horvath) and six nays (Council Members Serge, Szymkowiak, Miller, Taylor, Dombrowski and Parent). Council Member Miller made a motion that the ordinance be recom- mended favorably to the Council, as amended, seconded by Council Member Taylor. The motion car- ried with Council Member Horvath opposing. ORDINANCE AN ORDINANCE APPROPRIATING $15,000 FROM THE COMMUNITY DEVELOPMENT GRANT FUND, FOR VARIOUS PUBLIC PARKS PROGRAMS, TO BE AD- MINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC PARKS. 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. James Seitz,, Superintendent of Parks, made the presentation for the ordinance. He said this money would be used for construction of two basketball courts at Coquillard Park. Council Member Parent indicated both he and Mr. Seitz had received numerous phone calls regarding the fact that the people do not want the basketball court at Coquillard Park, therefore, he made a motion to amend the ordinance to account 260.2 and unde: description to indicate Coquillard Park Improvement, seconded by Council Member Taylor. The motion carried. Council Member Taylor made a motion that this ordinance be recommended to the Council favorably, as amended, seconded by Council Member Adams. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $10,000 FROM THE COMMUNITY DEVELOPMENT GRANT FUND FOR VARIOUS PUBLIC PARKS PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC PARKS. REGULAR MEETING OCTOBER 11 1976 COMMITTEE OF THE WHOLE MEETING (CONTINUED) 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. James Seitz, Superintendent of Parks, made the presentation for the ordinance. He said this money would be used for the resurfacing of four tennis courts at Walkerfield. He said the courts at Walkerfield are the most heavily used in thepark system. He said they were in very poor condition and resurfacing was one of their highest priorities. Council Member Kopczynski made a motion thatihis ordinance be recommended to the Council favorably, seconded by Council Member. Miller. The motion carried. ORDINANCE AN ORDINANCE INCREASING VARIOUS ACCOUNTS AS SET FORTH BELOW IN THE AMOUNT OF $27,800 AND DECREASING ACCOUNT NO. 110.0 "SALARIES" IN THE AMOUNT OF $27,800.00. ALL ACCOUNTS BEING WITHIN THE BUREAU OF FIRE PROTECTION BUDGET OF THE GENERAL FUND OF THE CITY OF 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. Mr. Oscar VanWiele, Fire Chief, made the pre- sentation for the ordinance. He said he was requesting the transfer of the $27,800 to the following accounts; electric current, medical, dental, surgical, laundry and cleaning, tires and tubes, repair parts and clothing allowance. He said he felt with the transfer of these funds they would remain solvent and enter the new budget year in good financial condition. Council President Parent made a motion that this ordinance be recommended to the Council favorably, seconded by Council Member Taylor. The motion carried. ORDINANCE AN ORDINANCE AMENDING CHAPTER 2, ARTICLE VIII, SECTION 2 -119, OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA, 1976, ALSO KNOWN AS ORDINANCE NO. 3645, GENERALLY REFERRED TO AS SICK LEAVE FOR MUNICIPAL EMPLOYEES This being the time heretfore set for public hearing on the above ordinance, proponents and op- ponents were given an opportunity to be heard. Mr. Peter Mullen, City Controller made the pre- sentation for the ordinance. He said the original ordinance must be amended to reflect changes made while bargaining with the Teamsters. The changes made would also apply to all other City employees. He said he felt that Section II of the amendment takes an important step toward equal rights, and more particularly, women's rights. Council Member Miller made a motion that this ordinance be recommended to the Council favorably, seconded by Council Member Dombrowski. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $39,017 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR ESTABLISHING THE DISCOVERY HALL PORTION OF CENTURY CENTER, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE DEPARTMENT OF ADMINISTRATION AND FINANCE. 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. Peter Mullen, City Controller made the pre- sentation for the ordinance. He said it was essential that funds be appropriated to develop Discovery Hall prior to its 1978 opening. We all want Century Center to be successful, and prior planning and development is one way to assure this. Council President Parent indicated he was disappointed in the trend he was seeing that seems to be leading toward a total paid staff for Century Center. He said it seemed to him that it will only be successful to the degree that we get citizen participation. Mayor Peter J. Nemeth said they feel we should get hic�-._ _ ly professional people to run this museum. He said there were nine citizen members on the Discovery Hall Advisor Committee and they should be commended for donating their time. Council Member Adams indicated it was her understanding that this proposed salary is more than we are paying our Personnel Direc . for for the City of South Bend and the jobs are going to be vastly different. Council Member Miller made a motion to designate a director's salary at $17,000 and a Secretary II at 7,236, unde' account no. 110, seconded by Council Member Taylor. The motion carried with Council Member Adams opposing. Council President Parent made a motion that this ordinance be recommended to the Counc favorably, as amended, seconded by Council Member Dombrowski. The motion carried with Council Member Horvath opposing. ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, AND HARRY H. VERKLER, CONTRACTOR, INC., OF SOUTH BEND, INDIANA FOR THE PURCHASE OF TWO CONCRETE VAULTS IN THE TOTAL AMOUNT OF $4,954.00. 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. David Wells, Manager of the Bureau of Design and Administration made the presentation for the ordinance. He said these vaults are for the purpose of housing valves which have to be moved to make way for the U.S. 20 Bypass. He said the state intends to reimburse the City for this expense. Council Member Dombrowski made a motion that this ordinance be recommended to the Council favorably, seconded by Council Member Kopczynski. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $17,500 FROM THE COMMUNITY DEVELOPMENT FUND, FOR PROVISION OF SOCIAL SERVICES (LEGAL AID) 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. Carl Ellison, Assistant Director of Human Resources and Economic Development, made the presentation for the ordinance. He said the admin- istration determined that the provision of a comprehensive system of legal services to handle problems experienced by low income residents in Community Development "target areas" was both necessary and appropriate. REGULAR MEE'T'ING OCTOBER'11, 1976 COMMITTEE OF THE WHOLE MEETING (CONTINUED) He said this ordinance would provide the following services; legal representation, community education, outreach activities, and group representation. Council Member Kopczynski asked if this money would be used for legal aid in housing, and if so, if it would be confined to the target area. Mr. Al Burke, from Legal Aid, indicated this money would be used for legal aid in housing, and older adults in the target area. Mayor Nemeth indicated that the Community Development money could be used only in the target area, however, Legal Aid receives money from other sources and their services can be rendered to other parts of the City. Council President Parent made a motion that this ordinance be recommended to the Council favorably, seconded by Council Member Dombrowski. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $30,000.00 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 being the time heretofore set for public hearing on the above ordinance, proponents andop- ponents were given an opportunity to be heard. Mr. Carl Ellison, Assistant Director of Human Resources and Economic Development, made the presentation for the ordinance. He said the City had been approached by the State Highway Commission,to remove parking through at least portions of Western Avenue. He said this parking elimination'would contribute to increased capacity and safer operating conditions. He said these funds will be used to provide curb and paving material for improvements on streets that now terminate at the alley one -half block north of Western Avenue, Bendix, Camden, Kentucky and Lake. Council Member Kopczynski asked if this area was im- mediately adjacent to LaSalle Park. Mr. Ellison indicated it was. Council Member Taylor made a motion that this ordinance be recommended to the Council favorably, seconded by Council Member Kopczynski. The motion carried. Council Member Taylor made a motion that the proposed ordinance to rezone property located at 1827 Ireland Road be continued until next meeting, seconded by Council President Parent. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Kopcz made a motion to rise and report to the Council, seconded by Council Member Dombrowski. The motion carried. ATTEST: 4",��� City Clerk REGULAR MEETING RECONVENED ATTEST: Chairman Be it remembered that the regular meeting of the Common Council of the City of South Bend re- convened in the Council Chambers at 10:18 p.m., Council President Parent presiding, and nine members present. REPORT FROM THE S'UB- 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 September 27, 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 REPORT FROM THE COMMITTEE OF THE WHOLE Council Member Miller made a motion to waive the reading of the report of the Committee of the Whole, seconded by Council Member Taylor. The motion carried by a roll call vote of nine ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent) . REPORT FROM AREA PLAN Council Member Miller made a motion to send the Clarification of Land Use Plan for Ireland Road to the Committee of the Whole for study, seconded by Council Member Taylor. The motion carried. PETITION TO AMEND ZONING ORDINANCE We the undersigned, do hereby respectfully make application andpetition the Common Council of City of South Bend, Indiana to amend the Zoning Ordinance of the City of South Bend, Indiana as hereinafter requested, and in support of this application, the following facts are shown: 1. The property sought to be rezoned is located at The southwest corner of the intersection of East Northshore Drive (sometimes known as Howard Street) with the Michigan Central Railraod, the west line of which commences ap- proximately 200 feet east of the east line of North Michigan Street (U. S. 31 North). Ski REGULAR MEETING OCTOBER 11, 1976 REGULAR MEETING RECONVENED (CONTINUED) 2. The property is owned by - Richard L. Kennedy, Andrew A. Toth and Bart M. Saucelo. 3. A legal description of the property is as follows: A parcel of land Eleven (11) feet in width, taken off of and from the entire length of the Easterly side of Lot Numbered Fifteen (15) and Lots Numbered Sixteen (16), Seventeen (17), Eighteen (18) and Nineteen (19), all as shown on the recorded Plat of Studebaker Leeper Avenue Addition to the City of South Bend, St. Joseph County, Indiana. 4. It is desired and requested that the foregoing property be rezoned From A and B Residential Use and A Height and Area District To B- Residential Use and A Height and Area District 5. It is proposed that the property will be put to the following use and the following build- ing will be constructed A medical facility for the unlimited practice of medicine or denistry by up to five physicians or dentists, or office uses permitted in the B- Residential Use Classification in a two story, or split level, building consisting of not more than 6,000 square feet. 6. Number of off - street parking spaces to be provided. - Twenty 7. Attached is a copy of (a) an existing plot plan showning my 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. SOUTH BEND HEART SURGERY, INC. BY /s/ Jack C. Dunfee, Jr. THORNBURG, McGILL, DEAHL, HARMAN CAREY & MURRAY Jack C. Dunfee, Jr. Petition Preared by ORDINANCES, SECOND 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 ES- TABLISHMENTS, MASSAGE TECHNICIANS, AND THE PRACTICE OF MASSAGE. Council Member Miller made a motion that this ordinance be continued until the November 8, 1976, meeting of the Council, seconded by Council Member Taylor. The motion carried. ORDINANCE NO. 6049 -76 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 second reading. Council Member Taylor made a motion to amend this ordinance as amended in the Committee of the Whole, seconded by Council Member Dombrowski. The motion carried. Council Member Taylor made a motion to pass this ordinance as amended, seconded by Council Member Dombrowski. The ordinance passed by a roll call vote of eight ayes (Council Membe Serge, Szymkowiak, Miller, Taylor.,. Kopczynski, Adams, Dombrowski, Horvath) and one nay (Council Member Parent) . ORDINANCE NO. 6050 -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, RELATIVE TO THE POWERS AND DUTIES OF THE HISTORIC PRESERVATION COMMISSION OF SOUTH BEND AND ST. JOSEPH COUNTY. '] Chin ordinance had second reading. Council Member Kopczynski made a motion to pass this ordi- nance, seconded by Council Member Adams. The ordinance passed by a roll call vote of nine ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and 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 21, MUNICIPAL CODE). (NORTHEAST CORNER OF BENDIX DRIVE AND GREEN STREET, SOUTH BEND, IN) This ordinance had second reading. Council Member Szymkowiak made a motion that this ordinance b defeated, seconded by Council Member Dombrowski. The ordinance was defeated by a roll call vote of five ayes (Council Members Szymkowiak, Kopczynski, Adams, Dombrowski, and Parent) and four nays (Council Members Serge, Miller, Taylor and Horvath). REGULAR MEETING OCTOBER 11, 1976 REGULAR MEETING RECONVENED (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) (1827 IRELAND RD). Council Member Miller made a motion to continue this ordinance to the October 25, 1976, meeting of the Council, seconded by Council Member Taylor. The motion carried. ORDINANCE NO. 6Q51 -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). (NORTHWEST CORNER OF MICHIGAN STREET (U.S. 31 SOUTH) AND WALTER STREET) . This ordinance had second reading. Council Member Miller made a motion to amend this ordinance in accordance with the conditions recommended by Area Plan, seconded by Council Member Dombrowsk: The motion carried. Council Member Miller made a motion to pass this ordinance,.as amended, seconded by Council Member Dombrowski. The ordinance passed by a roll call vote of nine ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent). ORDINANCE NO. 6052 -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). (1800 BLOCK OF SOUTH IRONWOOD DR., FROM RANDOLPH ST., SOUTH TO A POINT 35 FEET NORTH OF CALVERT ST.) This ordinance had second reading. Council Member Miller made a motion to amend this ordinance in accordance with the conditions recommended by Area Plan, seconded by Council Member Taylor. The motion carried. Council Member Taylor made a motion to pass this ordinance, as amended, seconded by Council Member Dombrowski. The ordinance passed by a roll call vote of nine ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski Adams, Dombrowski, Horvath and Parent) . ORDINANCE NO. 6053 -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) (PARK AVENUE NEIGHBORHOOD). This ordinance had second reading. Council Member Taylor made a motion to amend this ordinance as amended in the Committee of the Whole, seconded by Council Member Miller. The motion carried, Council Member Taylor made.a motion to pass the ordinance, as amended, seconded by Council Membe] Dombrowski. The ordinance passed by a roll call vote of nine ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent). ORDINANCE NO. 6054 -76 AN ORDINANCE APPROPRIATING THE SUM OF $15,000 TO LINE ITEM 260.0 CONTRACTUAL SERVICES, WITHIN THE CUMULATIVE SEWER BUILDING AND SINKING FUND, TO BE ADMINISTERED BY THE BUREAU OF STREETS IN THE REPAIR OF SEWER STRUCTURES AND RELATED RE- CONSTRUCTION. This ordinance had second reading. Council Member Taylor made a seconded by Council Member Dombrowski. The ordinance passed by (Council Members Serge, Szymkowiak, Miller, .Taylor; Kopczynski, Parent) . ORDINANCE NO. 6055 -76 motion to pass this ordinance, a roll call vote of nine ayes Adams, Dombrowski, Horvath and AN ORDINANCE APPROPRIATING $6,471.20 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR ESTABLISHING THE DISCOVERY HALL PORTION OF CENTURY CENTER, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE DEPARTMENT OF ADMINISTRATION AND FINANCE. This ordinance had second reading. Council Member Taylor made a motion to amend this ordinance as amended in the Committee of the Whole, seconded by Council Member Dombrowski. The motion carried. Council Member Miller made a motion to pass the ordinance as amended seconded by Council Member Taylor. The ordinance passed by a roll call vote of eight ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, and Parent) and one nay (Counc: Member Horvath) . ORDINANCE NO. 6056 -76 AN ORDINANCE APPROPRIATING $15,000 FROM THE COMMUNITY DEVELOPMENT GRANT FUND, FOR VARIOUS PUBLIC PARKS PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC PARKS. 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 Dombrowski. The motion carries Council Member Serge made a motion to pass the ordinance, as amended, seconded by Council Member Dombrowski. The ordinance passed by a roll call vote of nine ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent). :o IMF REGULAR MEETING REGULAR MEETING RECONVENED (CONTINUED) ORDINANCE NO. 6057 -76 AN ORDINANCE APPROPRIATING $10,000 FROM THE COMMUNITY DEVELOPMENT GRANT FUND, FOR VARIOUS PUBLIC PARKS PROGRAMS, TO BE ADMIN- ISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC PARKS. OCTOBER 11, 1976 This ordinance had second reading. Council Member Miller made a motion to pass the ordinance, seconded by Council Member Dombrowski. The ordinance passed by a roll call vote of nine ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent). ORDINANCE NO. 6058 -76 AN ORDINANCE INCREASING VARIOUS ACCOUNTS AS SET FORTH BELOW IN THE AMOUNT OF $27,800 AND DECREASING ACCOUNT NO. 110.0 "SALARIES" IN THE AMOUNT OF $27,800. ALL ACCOUNTS BEING WITHIN THE BUREAU OF FIRE PROTECTION BUDGET OF THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. This ordinance had second reading. Council Member Adams made a motion to amend this ordinance by correcting Bureau of Streets to Bureau of Fire in the second paragraph, seconded by Council Member Dombrowski. The motion carried. Council Member Adams made a motion to pass the ordinan as amended, seconded by Council Member Dombrowski. The ordinance passed by a roll call vote of nine ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent). ORDINANCE NO. 6059 -76 This ordinance has second seconded by Council Member Members Serge, Szymkowiak, AN ORDINANCE AMENDING CHAPTER 2, ARTICLE VIII, SECTION 2 -119 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA, 1976, ALSO KNOWN AS ORDINANCE NO. 3645, GENERALLY REFERRED TO AS SICK LEAVE FOR MUNICIPAL EMPLOYEES. reading. Council Member Taylor made a motion to pass this ordinance, Miller. The ordinance passed by a roll call vote of nine ayes (Counci Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent). ORDINANCE NO. 6060 -76 AN ORDINANCE APPROPRIATING $39,017 FROM FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING FOR ESTABLISHING THE DISCOVERY HALL PORTION OF CENTURY CENTER, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE DEPARTMENT OF ADMINISTRATION AND FINANCE. This ordinance had second reading. Council Member Miller made a motion to amend the ordinance as amended in the Committee of the Whole, seconded by Council Member Taylor. The motion carried with Council Member Adams opposing. Council Member Miller made a motion to pass the ordinance as amended, seconded by Council Member Szymkowiak. The ordinance passed by a roll call vote of eight ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, and Parent) and one nay (Council Member Horvath) . ORDINANCE NO. 6061 -76 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, AND HARRY H. VERKLER, CONTRACTOR, INC., OF SOUTH BEND, INDIANA, FOR THE PURCHASE OF TWO CONCRETE VAULTS IN THE TOTAL AMOUNT OF $4,954.00. This ordinance had second reading. Council Member Miller made a motion to pass this ordinance, seconded by Council Member Dombrowski. The ordinance passed by a roll call vote of nine ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent). ORDINANCE NO. 6062 -76 This ordinance had second seconded by Council Member Members Serge, Szymkowiak, ORDINANCE NO. 6063 -76 AN ORDINANCE APPROPRIATING $17,500 FROM THE COMMUNITY DEVELOPMENT FUND, FOR PROVISION OF SOCIAL SERVICES (LEGAL AID), TO BE ADMINIS- TERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF HUMAN RESOURCES. reading. Council Member Dombrowski made a motion to pass this ordinan< Miller. The ordinance passed by a roll call vote of nine ayes (Counc_ Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent). AN ORDINANCE APPROPRIATING $30,000 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 ordinance had second reading. Council Member Miller made a motion to pass this ordinance, seconded by Council Member Kopczynski. The ordinance passed by a roll call vote of nine ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent) . REGULAR MEETING OCTOBER 11, 1976 REGULAR MEETING RECONVENED (CONTINUED RESOLUTIONS RESOLUTION A RESOLUTION APPROVING AND ?CONFIRMING ESTAB- LISHMENT OF ST. JOSEPH COUNTY AIRPORT AUTHORITY DISTRICT AND APPROVING ST. JOSEPH COUNTY AIRPORT AUTHORITY BOARD ORDINANCE NO. 76 -8. Council Member Miller made a motion to send this ordinance to the Human Resources and Economic Development Committee, seconded by Council Member Dombrowski. The motion carried with Council Member Kopczynski opposing. RESOLUTION NO. 537 -76 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT TO THE STATE OF INDIANA, AN APPLICATION FOR PERSONNEL TRAINING UNDER THE INTERGOVERNMENTAL PERSONNEL ACT OF 1970 (IPA) (P.L. 91 -648) . WHEREAS, the Mayor is the Chief Executive Officer of the City of South Bend, Indiana; and WHEREAS, the Chief Executive Officer is required to submit an application to the State of Indiana, pursuant to provisions of the Intergovernmental Personnel Act of 1970; NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of South Bend, Indiana: SECTION I. Hereby authorizes the Mayor of the City of South Bend to submit an application requesting ten thousand dollars (10,000.00) for personnel training pursuant to the Intergovern- mental Personnel Act of 1970 (IPA), (P.L. 91 -648). 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 /Mary Christine Adams Member of the Common Council A public hearing was held at this time on the resolution. Mr. Peter Mullen, City Controller, said the responsibility for development and delivery of the training program shall be contracted for with Indiana University at South Bend, Division of Continuing Education and School of Public and Environmental Affairs, for the total amount of $10,000.00. Council Member Adams asked if there was any possibility there could be a conflict of interest with some members of our staff being at I.U. Mr. Mullen indicated that the state requested this be handled through I.U.S.B. Council Member Serge made a motion that this resolution be adopted, seconded by Council Member Dombrowski. The resolution was adopted,by a roll call vote of nine ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent). RESOLUTION NO. 538 -76 A RESOLUTION FOR TRANSFER OF FUNDS IN THE DEPART- MENT OF LAW BUDGET OF THE CITY OF SOUTH BEND IN THE AMOUNT OF $300.00. ALL TRANSFERS ARE BEING MADE IN THE SAME BUDGET CLASSIFICATIONS WITHIN SAID DEPARTMENT AND 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 same category in the annual budget for various functions of the Department of Law to meet such extraordinary emergencies, and WHEREAS, it has been ascertained that a certain account in the Department of Law has more money than is needed at this time. NOW, THEREFORE, BE IT RESOLVED, BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. to wit: Account No. 721.0 SECTION II. to wit: Account No. 725.0 That the following accounts be reduced in the amount set opposite said account Classification Properties Item Amount Furniture & Fixtures $300.00 That the following account be increased in the amount set opposite said account Classification Properties Item Office Equipment Amount T3 SECTION III. That the transfer of funds as set forth in Section I and II are required for proper and efficient operation and function of the Department of Law of South Bend, Indiana, and an extraordinary. emergency is declared to exist concerning the foregoing transfer. 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, Indiana. /s/ Mary Christine Adams Member of the Common Council A public hearing was held at this time on the resolution. Mr. Thomas Brunner, City Attorney, said the Department Of Law is presently severely handicapped by the lack of modern dictating equipment. He said this transfer would allow them to purchase two new pieces of dictating equipment at no extra cost to the City by means of the proposed transfer. Council Member Adams made a motion this resolution be adopted, seconded by Council Member Taylor. The resolution was adopted by a roll call vote of nine ayes (Council Members Serge,.Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Taylor). REGULAR MEETING OCTOBER 11, 1976 REGULAR MEETING RECONVENED (CONTINUED) ORDINANCES, FIRST READING ORDINANCE AN ORDINANCE AMENDING CHAPTER 21 OF THE CITY CODE OF SOUTH BEND, INDIANA, 1971, ALSO KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA. 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 AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE). (100 BLOCK OF EAST NORTH SHORE DR.) . 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 APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, AND THE CITY OF KALAMAZOO, MICHIGAN, FOR THE PURCHASE OF ONE -YEAR OLD METERS IN THE TOTAL AMOUNT OF $3,900.00. This ordinance had first reading. Council Member Miller made a motion to set this ordinance for public hearing and second reading October 25, 1976, seconded by Council Member Adams. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $166,500.00 FROM THE LOCAL ROADS AND STREETS FUND AND $18,500.00 FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND TO PROJECT R&S 61, MICHIGAN -MAIN STREET CONNECTOR. This ordinance had first reading. Council Member Adams made a motion to refer this ordinance to the Public Works Committee, and set it for public hearing and second reading October 25, 1976, seconded by Council Member Miller. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $40,000.00 FROM THE COMMUNITY DEVELOPMENT GRANT FUND, FOR VARIOUS PUBLIC PARKS PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC PARKS. This ordinance had first reading. Council Member Adams made a motion to set this ordinance for public hearing and second reading October 25, 1976, seconded by Council Member Miller. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $46,000.00 TO ACCOUNT NO. 510.0 "INSURANCE" WITHIN THE BUREAU OF STREETS BUDGET OF THE MOTOR VEHICLE HIGHWAY FUND 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 October 25, 1976, seconded by Council Member Dombrowski. The motion carried. ORDINANCE AN ORDINANCE ESTABLISHING A NEW ACCOUNT 724 "RADIO EQUIPMENT" AND TRANSFERRING THE SUM OF $800.00 FROM ACCOUNT 215 "CAR ALLOWANCE" TO THIS ACCOUNT, BOTH ACCOUNTS BEING WITHIN THE COMMON COUNCIL BUDGET, 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 October 25, 1976, seconded by Council Member Dombrowski. The motion carried. ORDINANCE AN ORDINANCE APPROPRATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE BUREAU OF WATER OF THE CITY OF SOUTH BEND INDIANA, FOR THE FISCAL YEAR BEGINNING JAN- UARY 1, 1977, AND ENDING DECEMBER 31, 1977, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGA- TIONS AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This ordinance had first reading. Council Member Adams made a motion to set this ordinance for public hearing and second reading November 8, 1976, and refer it to the Public Works Committee, seconded by Council Member Dombrowski. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING MONEYS FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE BUREAU OF SANITATION OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1977, AND ENDING DECEMBER 31, 1977, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. REGULAR MEETING OCTOBER 11, 1976 REGULAR MEETING RECONVENED (CONTINUED) This ordinance had first reading. Council Member Adams made a motion to set this ordinance for public hearing and second reading November 8, 1976, and refer it to the Public Works Committee, seconded by Council Member Taylor. The motion carried. . ORDINANCE AN ORDINANCE APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE BUREAU OF SOLID WASTE OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1977, AND ENDING DECEMBER 31, 1977, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This ordinance had first reading. Council Member Adams made a motion to set this ordinance for public hearing and second reading November 8, 1976, and refer it to the Public Works Committee, seconded by Council Member Dombrowski. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING ALL PARKING METER. FEES AND FUNDS FOR THE YEAR 1977 TO THE BOARD OF PUBLIC WORKS OF THE CIVIL CITY OF SOUTH BEND, INDIANA, FOR THE USES AND PURPOSES SET FORTH THEREIN, IN ACCORDANCE WITH CHAPTER 208 OF THE ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF INDIANA OF 1965. This ordinance had first reading. Council Member Adams made a motion to set, this ordinance for public hearing and second reading November 22, 1976, and refer it to the Public Works Committee, seconded by Council Member Dombrowski. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING ALL PARKING GARAGE FEES AND FUNDS FOR THE YEAR 1977 TO THE BOARD STANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This ordinance had first reading. Council Member Adams made a motion to set this ordinance for public hearing and second reading November 22, 1976, and refer it to the Public Works Committee, seconded by Council Member Dombrowski. The motion carried. NEW BUSINESS Council Member Adams made a motion to appoint Richmond Calvin to the ACTION Board, seconded by Council Member Taylor. The motion carried. Council President Parent asked the Clerk's office to inform Dr. Calvin and the Board. Council President Parent asked the Clerk's office to send the Council a list of the ordinances - -and dates set for public hearing. Council Member Adams said. it was becoming increasing)-\difficult to handle ordinances that were being filed at 4:45 p.m., on Wednesday prior to the meeting. She asked,if there was any pos- Bible_ way the deadline could be moved up to noon. After a discussion it was decided to set the deadline at 3 :00 p.m. Council President Parent instructed the Clerk's office to issue a memo to all the people concerned that the deadline would be 3:00 p.m., on Wednesday prior to a meetin . There being no further business to come before the Council, unfinished or new, Council Member Miller made a motion to adjourn, seconded by Council Member Taylor. The motion carried and the meeting was adjourned at 11:00 p.m. ATTEST:- APPROVED: • ty Clerk P le 6de, itirtiF %M1 *itk9cA"lt'•r- �,LJ•.LJ..• _ OF PUBLIC WORKS OF THE CIVIL CITY OF SOUTH BEND, INDIANA, FOR THE USES AND PURPOSES SET FORTH THEREIN, IN ACCORDANCE WITH CHAPTER 190 OF THE ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF INDIANA OF 1955. This ordinance had public hearing and first reading. Council Member Adams made a motion to set this ordinance for seconded by Council second reading November 22, 1976, and refer it to the Public Works Committee, Member Dombrowski. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING MONEYS FOR THE PUR- POSE OF DEFRAYING THE EXPENSES OF THE BUREAU OF WASTE WATER OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1977, AND ENDING DECEMBER 31, 1977, INCLUDING ALL OUT- STANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This ordinance had first reading. Council Member Adams made a motion to set this ordinance for public hearing and second reading November 22, 1976, and refer it to the Public Works Committee, seconded by Council Member Dombrowski. The motion carried. NEW BUSINESS Council Member Adams made a motion to appoint Richmond Calvin to the ACTION Board, seconded by Council Member Taylor. The motion carried. Council President Parent asked the Clerk's office to inform Dr. Calvin and the Board. Council President Parent asked the Clerk's office to send the Council a list of the ordinances - -and dates set for public hearing. Council Member Adams said. it was becoming increasing)-\difficult to handle ordinances that were being filed at 4:45 p.m., on Wednesday prior to the meeting. She asked,if there was any pos- Bible_ way the deadline could be moved up to noon. After a discussion it was decided to set the deadline at 3 :00 p.m. Council President Parent instructed the Clerk's office to issue a memo to all the people concerned that the deadline would be 3:00 p.m., on Wednesday prior to a meetin . There being no further business to come before the Council, unfinished or new, Council Member Miller made a motion to adjourn, seconded by Council Member Taylor. The motion carried and the meeting was adjourned at 11:00 p.m. ATTEST:- APPROVED: • ty Clerk P le 6de, itirtiF %M1 *itk9cA"lt'•r- �,LJ•.LJ..• _