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HomeMy WebLinkAbout11-08-76 Council Meeting MinutesBe it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Monday, November 8, 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, Kopczynski, Adams, Dombrowski, Horvath and Parent ABSENT: None Council Member Adams made a motion to resolve into the Committee of the Whole, seconded by Counci Member Dombrowski. 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, November 8, 1976, at 7:02 p.m., with nine members present. ORDINANCE AN ORDINANCE APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE AND ECONOMIC DEVELOP- MENT BONDS, AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO ADAPTO, INC. 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. Kenneth Fedder, attorney for the Economic Development Commission made the presentation for the ordinance. He said that application of a revenue bond issue for $200,000 on behalf of ADAPTO, INC., has been made to finance a proposed expansion of their manufacturing plant located at 23246 Keller Road. He indicated they were a tool and dye manufacturing plant. He said that this would mean more jobs for the community. He said the corporation attorney, Mr. Richard Morgan, was in the audience and could answer any questions. Council Member Kopczynski made a motion that this ordinance be recommended favorably to the Council, seconded by Council Member Dombrowski. The motion carried. 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, 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. Ms. Kathy Cekanski, Council's attorney, made the presentation for the amendments to the ordinance. She presented the proposed amendments to the City Clerk. She then read a memo to the Council dated November 8: Pursuant to your request, our office has studied and revised the proposed massage parlor ordinance. A copy of our amendments has been submitted for your review. It should be noted that since the last Council meeting in which this ordinance was discussed, several important matters have occurred. Two Indiana courts have ruled on the legality of massage parlor ordinances. First the Indianapolis ordinance was struck down on October 25, 1976 by Judge Gerald S. Zore, Marion County Superior Court. He held that the ordinance violated the due process and Zore further held that the "search" provisions of the ordinance violated the unreasonable search and seizure provisions of the U.S. Constitutson The third area of concern was that much of the Indianapolis ordinance which spoke to regulating sexual conduct was pre - empted by Indiana State Law. The second case was heard on October 13, 1976, in which Judge Alfred Mollering of the Superior Court struck down the Fort Wayne massage parlor ordinance. The court held that it violated due process provisions and contained vague language throughout. Additionally, our office has done extensive research into various other court decisions involving massage parlor ordinances and have reviewed laws adapted in other state! and cities. It should be further noted that representatives of the American Massage and Therapy Association have been most helpful in providing guidance in this area. This organization is a not - for - profit corporation which was founded in 1944. Its corporate headquarters are in Milwauke( Wisconsin and it is a national andprofessional organization for massage therapists for the United States and Canada. As a brief summary, the following will highlight by section the major amend- ments which have been submitted for your review and which meet the needs and interest of the City of South Bend. Analysis: Section 7 -110. Definitions. The definition section has been amen( to incorporate the latest legal definitions recommended by the A.M.T.A. It should be pointed out that the hours of instruction have been increased from 200 hours in three months to 1000 hours in six months. Section 7 -112. Massage Establishments License Required. Licensing should from a practical standpoint follow the definition section. It includes in the application the name of the applicant and deletes the fingerprint requirement. The Board of Public Works is incorporated rather than the Board of Public Safety. Since the division of the Board of Public Works and Safei there are no city license procedures which have ever had the Board of Public Safety review their license applications, therefore, the Board of Works and the City Controller's offices are the pro- per authorities in this area. Additionally, to the best of my knowledge, I do not know of a "utilities and licenses committee of the Board of Public Safety" which has ever operated in the City of South Bend. Yet this is the authority incorporated in the original ordinance. Section 7 -118. Permit or License Denial. This section allows the Board of Public Works to hear denials of licenses or permits on appeal. Section 7 -119. Grounds for revocation or Suspension of Licens( or Permit. This section incorporates all unlawful activity into one overall section. Section 7 -129. License or Permit Suspension or Revocation. No basic changes. Section 7 -121. Conducting a Nuisance. This section is recommended by the A.M.T.A. as setting forth the equitable relief available to the City. The remaining sections are substantially the same as proposed. Conclusion The amendments have been drafted in the interest of clarifying and strengthening the proposed massage parlor ordinance. It incorporates the latest research in the many constitutional areas which are included in this type of regulation. It is submitted to establish sound licensing pro- cedures and reasonable regulations which will meet the needs of the South Bend Community. She indicated she had not had an opportunity to review the amendments with the City Attorney. Council President Parent indicated they were coming close to having an ordinance that could be enforced. He said he liked the idea of requiring a public hearing before a license was issued. He indicated the Council's attorney would file a new ordinance which would incorporate licensing as well as other research that had been done. Council President Parent made a motion to continue public hearing on this ordinance until the December meeting, seconded by Council Member Dombrowski. The motion carried. REGULAR MEETING NOVEMBER 8, 1976 COMMITTEE OF THE WHOLE MEETING (CONTINUED) ORDINANCE AN ORDINANCE APPROPRIATING THE SUM OF $46,000.00 TO ACCOUNT NO. 510.0 "IN- SURANCE" WITHIN THE BUREAU OF STREETS BUDGET OF THE MOTOR VEHICLE HIGHWAY 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. Peter Mullen, City Controller, made the pre- sentation for the ordinance. He indicated that this was being appropriated from the Motor Vehicle Highway Fund because a large portion of our insurance liability is brought about by coverage of Street Department properties and Workmen's Compensation. Council Member Taylor asked if the other City departments paid their own insurance. Mr. Mullen indicated they did. Council Member Taylor indicated that last spring a number of Councilmen asked for a substantial program of concrete re- pair. He said this past summer $20,000 was set aside for concrete repair and he wondered what the balance was in that account. Mr. Mullen indicated the balance as of November 3 was $246,504. Council Member Taylor indicated he did not feel the City responded with any kind of a repair pro- gram during ti- e;past summer, and there is quite a bit of money left in the account. He said he felt that between now and next spring some type of program should be developed for the repair work on concrete streets. Council Member Szymkowiak made a motion that this ordinance be recom- mended to the Council favorably, seconded by Council Member Parent. 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) (2211 EAST JEFFERSON). 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. Marty Kleva, of Cole and Associates, made the presentation for the ordinance. He indicated they were asking for only 400' of this property to be rezoned. He described the surrounding properties, and said they thought the rezoning was in keeping with the neighborhood. He presented a petition signed by thirty -one residents request ing the rezoning. He said the neighbors had requested that they build the building back an ad- ditional 100' and this was agreeable with them. Council Member Miller made a motion that this ordinance be recommended to the Council favorably, seconded by Council Member Serge. 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 NORTHWEST NEIGHBORHOOD) . 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. Brian Crumlish, 1901 Riverside, representing the South Bend Homeowners of the Near Northwest, made the presentation for the ordinance. He said they were requesting this change to single family residences for a large portion of the near northwest. He showed a plan of the neighborhood as it is presently zoned. He said the basis of this change came from a land -use survey of the neighborhood. He said their association had start this study approximately two years ago. He indicated all the neighborhood had been informed of t proposed zoning change. Council Member Serge indicated that the purpose of this ordinance was to improve the physical, social and environmental aspects of the near northwest. Council President Parent commended the Near Northwest Homeowners for the fine work done on this survey. He 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) (503 N. LAFAYETTE). 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 Sweeney, attorney for the petitioner made the presentation for the ordinance. He said Mr. Wilborn had operated a dental lab for the past twenty -nine years. He said he started his present lab before there was a zoning ordinance in the neighborhood. He said to build an addition on to his present business it was necessary to rezone the property. He said the Planning Commission had assured them that a rezoning was to use, and that if the Council granted this petition thi§iproperty could only be used for a dental lab. He described the neighborhood and indicated there was only one residence that is a single family dwelling. He said the surrounding properties were mostly commercial. He read the following letter from Dr. H. William Francour and asked that it become a part of the minutes: November 8, 1976 City Council South Bend Gentlemen: On behalf of Mr. Earl Wilborn I wish to submit the following: I do not intend to take your time explaining why Mr. Wilborn has petitioned to build a small addition to his dental laboratory. I'm sure you already know it is for reasons of health. I do wish to say that unless he is allowed to do so, it's quite possible he may find it necessary to discontinue his laboratory service. Since he conducts the only full - service, certified dental laboratory in the area; this would be a substantial loss to the community both in services and economically. REGULAR MEETING NOVEMBER 81 1976 COMMITTEE OF THE WHOLE MEETING (CONTINUED I talked to Mr. Wilborn today, and he assures me he does not want to antagonize anyone -more specifically the Park Avenue Neighborhood Asso. He has operated his laboratory in its present location for 29 years, and always had the best relations with his neighbors. His laboratory has a pick up and delivery service, and does not deal directly with the public. Therefore, no traffic congestion results because of his business. It seems the Park Avenue Neighborhood Asso. does not want the area zoned "commercial ". Mr. Wilborn does not either -if there is any other way to resolve the situation. He operates his business at this location under a "use" variance. This was granted before the present zoning laws evolved. It seems only sensible that he be allowed to continue in the same manner with permission to make the small addition he needs for health reasons. This s6lution would satisfy all parties, and be of benefit to the community. Thank you for your indulgence. /s/ H. W. Francour, D.D.S. Mr. Richard Ludwick, of the Park Avenue Neighborhood Association, indicated that if this property was rezoned to "C" commercial and it was sold in the future any business allowed under that classification could be operated on this property. Mr. Tony Molnar of Area Plan, indicated that the City Zoning Code would not allow any other use to go in without first being approved by Area Plan and the City Council. Mr. Earl Wilborn, the petitioner, indicated that he had contacte PANA about having a meeting with them, and he was told that he could meet with them, however, they would not change their mind about the rezoning. Council Member Taylor questioned the City Attorney, regarding the zoning code. Mr. Brunner, City Attorney, indicated that if the property was sold it could only be used for the purpose it was rezoned. Council Member Taylor indicated that it appeared there was a misunderstanding as to what could or could not be done if the pro- perty was rezoned, and he thought the matter should be discussed further. Mrs. Donald Miller, 319 W. Marion, spoke in favor of the rezoning. Mrs. Delores Kovas, 608 Park Avenue, indicated PANA had fought to have this property upgraded and there was a petition with two hundred and fifty signatures circulated against this rezoning; she presented the petition to the City Clerk. Mrs. Earl Wilborn, wife of the petitioner, spoke about his allergy to the material used in this business. She said they did not want to have to discontinue this business. Mr. Robert Raymond, 309 E. Napoleon, indicated he agreed with the PANA people not to rezone this to "C" commercial. He indicated something could be done to allow him to build an office without going to "C ". Mr. Robert McIntosh, 1216 Hillcrest, representative of the Northwest Triangle Association, indicated they opposed the "C" rezoning. He said they would have no objection if this could be achieved without the zoning change. Mr. Richard Albright, vice president of PANA, spoke against the re- zoning to "C ". Mrs. Jane Swan, 2022 Swygart, asked if the question was the rezoning or the building. She asked about the fact that if he decided to sell theproperty, could he not sell it to anyone and the person put anything in that fits a "C" zoning. Mr. Tony Molnar, indicated under the current ordinance when you rezone to a specific use and site plan and it is sold, they have to come back to Area Plan and the Common Council for a different use. Council President Parent indicated that the zoning ordinance had not been tested in the courts. Mrs. Donald Miller indicated this lot was only 33 x 100' therefore it would not be suitable for other commercial use Mrs. Delores Kovas indicated that the question of the petitioner's health was not brought up befo this Council meeting. Mr. Miles Hoffman, 712 Forrest indicated that enforcement of zoning was very difficult, therefore, he opposed this rezoning. Council Member Serge asked why the petition er's health was not brought up before this meeting. Mr. Wilborn indicated they did not feel any one would be interested in his personal problems and they wanted to keep this simple. Council Member Szymkowiak indicated that once something was zoned commercial it stayed commercial. Council President Parent indicated that the condition of the petitioner's health had no bearing on this rezoning. He said he felt the Council should not approve this rezoning. There was a discussion held regarding the interpretation of "C" zoning. Council Member Horvath asked if this addition could be added without the rezoning. Mr. Molnar indicated it could not. Mr. Sweeney indicated that since there was a question regarding "C zoning he thought the Planning Commis- sion's attorney, Council attorney, and the City Attorney should discuss this matter and made a decision. Council Member Miller indicated he did not think the Council needed that information before making a decision. Council Member Miller made a motion that this ordinance be recommends unfavorably to the Council, seconded by Council President Parent. The motion carried, with Council Member Horvath opposing. Council Member Miller made a motion to adjourn, seconded by Council Member Parent. The motion carried and the meeting was adjourned at 8:40 p.m., and reconvened at 9:00 p.m. ORDINANCE AN ORDINANCE TRANSFERRING $6,244.10 IN THE GENERAL PARK FUND. TRANSFERS ARE BEING MADE IN VARIOUS BUDGET CLASSIFICATIONS WITHIN THE GENERAL PARK FUND. 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 Public Parks made the presentation for the ordinance. He said they were requesting this transfer so that a fence can be erected around the newly constructed tennis courts at Marshall Field, and the balance, or $2,000, will be used for gasoline. He -said the gasoline account was short because of underbudgeting and a large amount of hauling the trucks did to bring fill and base aggregate for the LaSalle tennis courts, Marshall tennis courts, Southeast Park, Muessel Park football field and Kennedy Park. Council Member Miller made a motion to recommend this ordinance favorab: to the Council, seconded by Council Member Szymkowiak. The motion carried. REGULAR MEETING NOVEMBER 8, 1976 COMMITTEE OF THE WHOLE MEETING (CONTINUED) ORDINANCE AN ORDINANCE APPROPRIATING $62,00.0.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY RE- FERRED TO AS GENERAL REVENUE SHARING, FOR ESTABLISHING THE PERMANENT ENVIRONMENTAL WORK CREW, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE BUREAU OF STREETS. This being the time heretofore set for public hearing on the above ordinance, proponents and op- ponents were given an opportunity to be heard. Mayor Peter J. Nemeth made the presentation for the ordinance. He said that under the supervision of a Bureau of Streets' foreman, six CETA people will be added to provide manpower for clean -up. He said an increased effort will be made to enforce the City ordinance regarding trash and refuse and that violators will be prosecuted. He indicated that after the summer youth program ended they found they could not handle the violations.-that were being reported. He proposed an amendment be made to change the amount to $44,000, and the motor equipment account be changed to $43,000 from $61,000. He said they had decided to buy a smaller truck. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, indicated that this was being appropriated for the balance of 1976, and he wondered if this was going to be an annual cost. Mr. Rollin Farrand, Director of the Department of Publi< Works, indicated that this was an initial equipment cost for this program. He said if it proves successful they will have to replace these trucks in the future, but this was not an annual equipment cost for this program. Mr. Evans asked if it was worth the effort to assess the propel owners. Mr. Farrand indicated that the Mayor asked the City Attorney's office to prosecute viol and assess effected property owners, and they have been making some charges and receiving some payments. Council Member Kopczynski made a motion to amend the ordinance as requested by the Mayor, by changing the amount in the title to $44,000, and changing Section I to read $44,000, changing account 722.0 Motor Equipment to $43,000, change the total 700 Account to $44,OOO.and the total FA 116 to $44,000, seconded by Council Member Adams. The motion carried. Council Member Kopczynski made a motion to recommend the ordinance favorably to the Council, as amended, seconded by Council Member Adams. Council Member adams asked if they pldnned to have a logging system as to each parcel cleaned, so it will be noted as to address and what was done. Mr. Farrand indicated that under the present program they had that information and they anticipated continuing to do so. Council Member Adams asked that they continue to do so. The motion car- ried. ORDINANCE AN ORDINANCE INCREASING ACCOUNT 251.0 BUILDING AND STRUCTURES REPAIR, AS SET FORTH BELOW, IN THE AMOUNT OF $2,200.00, AND DECREASING VARIOUS ACCOUNTS IN THE AMOUNT OF $2,200.00. ALL ACCOUNTS BEING WITHIN THE BUREAU OF MORRIS CIVIC AUDITORIUM 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. Rollin Farrand, Director of the Department of Public Works, made the presentation for the ordinance. He said a recent inspection of the roof at the Morris Civic Auditorium revealed that some emergency repairs are needed before winter weather hits. Council President Parent made a motion to recommend this ordinance fav- orably to the Council, seconded by Council Member Taylor. The motion carried. ORDINANCE AN ORDINANCE TRANSFERRING THE SUM OF $1,500.00 FROM ACCOUNT 120.0 "SALARIES AND WAGES, TEM- PORARY" TO ACCOUNT 726.0 "OTHER EQUIPMENT," BOTH ACCOUNTS BEING WITHIN THE BUREAU OF CEMETERIES BUDGET, IN GENERAL FUND. 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 Niezgodski, Fiscal Officer, made the presentation for the ordinance. He said they urgently need a 16' x 24' chapel tent to replace the present tent that is old, torn and leaks. He said artificial grass sets that surround the burial site are needed, as the grass used now is torn and has lost its effect. He said a drape set that goes around the burial device is needed, as the present drape is in deplorable condi- tion. Council Member Serge made a motion to recommend this ordinance favorably to the Council, seconded by Council Member Dombrowski. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $30,000.00 FROM THE COMMUNITY DEVELOPMENT FUND, FOR THE PROVISION OF SOCIAL SERVICES (UNITED WAY - DAY CARE) 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 when,.: -the City de- veloped the second year Community Development Application, the administration determined that the provision of a Social Services (Day Care) was a necessary program to address the needs ex- perienced by low - and - moderate- income families in the Community Development "target areas." He said this $30,000 would be matched with $57,000 in State of Indiana Contingency Funds to generati $345,023.10 in Day Care services under Title XX for St. Joseph County. Council Member Parent made a motion that this ordinance be recommended to the Council favorably, seconded by Council Member Taylor. The motion carried. ty tors REGULAR MEETING NOVEMBER 8, 1976 ORDINANCE AN ORDINANCE APPROPRIATING MONEYS FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE BUREAU OF WATER 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 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 Stancati, Director of Public Utilities, made the presentation for the ordinance. He indicated there was an overall increase in this budget of eight percent. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, asked about the depreciation fund and our obligation being based on the bond indebtness. Mr. Stancati indicated it was based on the bond indebtness, which is fourteen percent. Council Member Kopczynski made a motion that this ordinance be recommended to the Council favorably, seconded by Council Member Dombrowski. Council President Parent said he had a problem with the fact that the dues and fees for the National League of Cities was included in the budget, and asked that this not be put in the budget in the future. Council Member Adams made a motion to amend this ordinance by reducing the travel account to $5,050. The motion failed for lack of a second. The motion to recommend this to the Council favorably 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 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 Stancati, Director of Public Utilities, made the presentation for the ordinance. He said this budget was seventeen percent lower than that approved in 1976. He said this was made possible by the utilitzation of CETA people. He indicated they had economized wherever possible. He said the equipment replacement program was very important since by replacement and updated equipment it will save money in the long run Mr. Gene Evans, Executive Secretary of the Civic Planning Association, inquired about the bud- geted amount for landfill costs. Mr. Stancati indicated that the landfill charges were because of the fact that with the new environmental work crew there will be more trash picked up and yards being cleaned so there will be addittional charges at the landfill. Mr. Evans questioned the amount budgeted for uniforms, since only $500 had been spent through June 30, 1976. Mr. Stancati indicated this could be reduced somewhat. Mr. Stancati indicated there was an error in that account 721 Furniture and Fixtures should be reduced $39,000 and increase account 722 Motor Equipment to $39,000. Council Member Miller made a motion to reduce account 263 to $2,000 reduce account 721 by $39,000 and increase account 722 to $39,000, seconded by Council Member Taylor. Council Member Miller made a motion to recommend this ordinance to the Council favorabl as amended, seconded by Council Member Adams. The motions 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 OBLIGA- TIONS AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. 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. He said that basically this was the same budget as submitted last year. He said in 1976 it was $618,000 and the proposed budget is $812,000. He said the increase was a reflection of a new construction crew rather than an in- creased level of spending. He said through the television equipment they had become aware of more and more problems in the area of sewer failure and they planned to handle the situation through the addition of five people. He said in addition they were going to purchase $92,000 worth of pipe and pavement repair materials, plus a new compressor and larger backhoe. He said the number of retention basins in the City have increased during the last several years and that was the reason they were proposing an additional position. Mr. Gene Evans, Executive Secretary of the Civic Planning Association questioned the travel account, printing account, and photographing account. All of '•his questions were satisfactorily answered. Council Member Dombrowski made a motion that this ordinance be recommended to the Council favorably, seconded by Council Member Parent. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Dom- browski made a motion to rise and report to the Council, seconded by Council Member Adams. The motion carried. ATTEST: ATTEST: City Clerk Cha -irman REGULAR MEETING NOVEMBER 8, 1976 REGULAR MEETING RECONVENED Be it remembered that the regular meeting of the Common Council of the City of South Bend re- convened in the Council Chambers at 9:50 p.m., Council President Parent presiding, and nine 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 re- port that it has inspected the minutes of the October 25, 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 Taylor made a motion to waive the reading of the report of the Committee of the Whole, seconded by Council Member Dombrowski. The motion carried by a roll call vote of nine ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent). PETITION TO AMEND ZONING ORDINANCE We, the undersigned, do hereby respectfully make application and petition the Common Council of the City of South Bend 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 4126 - 4132 - 4136 South Main Street, South Bend, Indiana 2. The property is owned by - Robert L. and Florence Hostetler, but under contract of sale to Melvin and Betty Sandock and Sam and Ruby Sandock. 3. A legal description of the property is as follows: Lots numbered 99, 100 and a strip of land 10 feet, North and South, taken off of the North end of Lot Number 98, all as shown in Funk and Myer's Chippewa Heights 3rd 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" Residential Use and "A" Height and Area District To "C" 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 The subject land will be used in conjunction with Lots 77 and 78 in the said addition. A commercial building will be built on Lots 77 and 78 and the subject property shall be used for parking and ingress and egress to the commercial building. 6. Number of off - street parking spaces to be provided. Not less than 36. 7. Attached is a copy of (a) an existing plot plan showing 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) preliminary sketch plan. /s /Alexis T. Cholis Attorney for Robert L. and Florence Hostetler, Melvin and Betty Sandock Sam and Ruby Sandock Alexis T. Cholis Petition Prepared By Council President Parent indicated the petition would be handled along with the ordinance when it had first reading. ORDINANCES, SECOND READING ORDINANCE NO. 6067 -76 AN ORDINANCE APPROVING THE FORMS AND TERMS OF LEASE AND TRUST INDENTURE AND ECONOMIC DEVELOP - MENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO ADAPTO, INC. This ordinance had second reading. Council Member Taylor 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 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, MASSAGE TECHNICIANS, AND THE PRACTICE OF MASSAGE. Council Member Taylor made a motion to continue this ordinance until the December 1976 meeting of the Council, seconded by Council Member Adams. The motion carried. REGULAR MEETING NOVEMBER 8, 1976 REGULAR MEETING RECONVENED (CONTINUED ORDINANCE NO. 6068 -76 AN ORDINANCE APPROPRIATING THE SUM OF $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 second reading. Council Member Taylor 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. 6069 -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) (2211 EAST JEFFERSON) This ordinance had second reading. Council Member Taylor made a motion to pass this ordinance, seconded by Council Member Serge. 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. 6070 -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) (NEAR NORTHWEST NEIGHBORHOOD). This ordinance had second reading. Council Member Taylor 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 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) (503 NORTH LAFAYETTE BLVD). Council Member Taylor made a motion to defeat this ordinance, seconded by Council Member Szymkowi, The ordinance was defeated 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. 6071 -76 AN ORDINANCE TRANSFERRING $6,244.10 IN THE GENERAL PARK FUND. TRANSFERS ARE BEING MADE IN VARIOUS BUDGET CLASSIFICATIONS WITHIN THE GENERAL PARK FUND. This ordinance had second reading. Council Member Taylor made a motion seconded by Council Member Szymkowiak. The ordinance passed by a roll (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Parent). ORDINANCE NO. 6072 -76 to pass this ordinance, call vote of nine ayes Dombrowski, Horvath and AN ORDINANCE APPROPRIATING $44,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR ESTABLI'SHING - THE PERMANENT WORK CREW, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE BUREAU OF STREETS. This ordinance had second reading. Council Member Taylor made a motion to amend the ordinance as amended in the Committee of the Whole, seconded by Council Member Serge. The motion carried. Council Member Taylor 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). ORDINANCE NO. 6073 -76 AN ORDINANCE INCREASING ACCOUNT 251.0 BUILDING AND STRUCTURES REPAIR, AS SET FORTH BELOW, IN THE AMOUNT OF $2,200, AND DECREASING VARIOUS ACCOUNTS IN THE AMOUNT OF $2,200. ALL ACCOUNTS BEING WITHIN THE BUREAU OF MORRIS CIVIC AUDITORIUM BUDGET OF THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. 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 nine ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent) . ORDINANCE NO. 6074 -76 AN ORDINANCE TRANSFERRING THE SUM OF $1,500.00 FROM ACCOUNT 120.0 "SALARIES AND WAGES, TEM- PORARY" TO ACCOUNT 726.0 "OTHER EQUIPMENT ", BOTH ACCOUNTS BEING WITHIN THE BUREAU OF CEME- TERIES BUDGET, IN GENERAL FUND. 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 nine ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent). REGULAR MEETING NOVEMBER 8, 1976 REGULAR MEETING RECONVENED (CONTINUED ORDINANCE NO. 6075 -76 AN ORDINANCE APPROPRIATING $30,000.00 FROM THE COMMUNITY DEVELOPMENT FUND, FOR THE PROVISION OF SOCIAL SERVICES (UNITED WAY - DAY CARE), 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 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. 6076 -76 AN ORDINANCE APPROPRIATING MONEYS FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1977, AND ENDING DECEM- BER 31, 1977, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This ordinance had second reading. Council Member Dombrowski made a motion to pass this ordinanc( seconded by Council Member Serge. 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. 6077 -76 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 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. Council Member Miller made a motion to pass the ordinance as amended, 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 NO. 6078 -76 AN ORDINANCE APPROPRIATING MONEYS FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE BUREAU OF SANI- TATION, 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 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 Member Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent) . RESOLUTIONS RESOLUTION NO. 540 -76 A RESOLUTION FOR TRANSFER OF FUNDS IN THE POLICE DEPARTMENT BUDGET OF THE CITY OF SOUTH BEND IN THE AMOUNT OF $16,700.00 ALL TRANSFERS ARE BEING MADE IN THE SAME BUDGET CLASSIFICATION 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 annual budget for various functions of the Police Department to meet such extraordinary emergenci and WHEREAS, it has been ascertained that certain accounts in the Police Department have 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. That the following accounts be. reduced in the amount set opposite said ac- count to -wit: Account Classification Item Amount 725.0 Properties Office Equip. $1,700.00 262.4 Services Contractual Data Processing 15,000.00 TOTAL $16,700.00 SECTION II. That the following account be increased in the amount set opposite said account to -wit: Account Classification 726.0 Properties 262.0 Services Contractual Item Other Equip. Medical, Surg. Dental TOTAL Amount $ 1,700.00 15,000.00 $16,700.00 REGULAR MEETING NOVEMBER 8, 1976 REGULAR MEETING RECONVENED (CONTINUED) SECTION III. That the transfer of funds as set forth in Sections I and II are required for proper and efficient operation and function of the Police Department 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 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. Division Chief Glenn Terry indicated this transfer was necessary to pay expenses for Corporal Maurice Woods, and buy an air conditions: for the central radio complex. Mr. Gene Evans, Executive Secretary of the Civic Planning Associa- tion, brought up the question of whether the equipment needed the air conditioning or the employe( He said if you were to cool the equipment you will solve the problem with the personnel. Chief Terry indicated that in the spring and fall this room will reach temperatures that exceed ninety degrees. Council Member Kopczynski made a motion to adopt this ordinance, seconded by Council Member Taylor. Council Member Adams asked how much the installation would be for the air condi- tioner. Chief Terry indicated it would be approximately $3,500. Council Member Adams indicated that the cost would be $5,200 to air condition two rooms. Chief Terry indicated it would be $4,758. The motion carried. ORDINANCES, FIRST 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) (4126, 4132, 4136 S. MAIN ST). This ordinance had first reading. Council Member Taylor made a motion to send this ordinance and petition to Area Plan, seconded by Council Member Kopczynski. The motion carried. ORDINANCE AN ORDINANCE TRANSFERRING $1,750.00 FROM ACCOUNT 724.0 "RADIO EQUIPMENT" TO ACCOUNT 440.0 "OTHER MATERIALS" BOTH ACCOUNTS BEING WITHIN THE POLICE DEPARTMENT BUDGET OF THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. This ordinance had first reading. Council Member Taylor made a motion to set this ordinance for public hearing and second reading November 22, 1976, seconded by Council Member Adams. The moti carried. ORDINANCE AN ORDINANCE APPROVING THE FORM AND TERMS OF LEASE AGREEMENT BETWEEN THE CITY OF SOUTH BEND, INDIANA, THE SOUTH BEND CIVIC CENTER BOARD OF MANAGERS, AND THE ART CENTER, INC., AN INDIANA NOT - FOR - PROFIT CORPORATION, AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO THE SOUTH BEND CIVIC CENTER. This ordinance had first reading. Council Member Taylor made a motion to set this ordinance for public hearing and second reading November 22, 1976, seconded by Council Member Dombrowski. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $18,000 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING FOR VARIOUS CODE ENFORCEMENT PRO- GRAMS TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF LAW. This ordinance had first reading. Council Member Miller made a motion to set this ordinance for public hearing and second reading November 22, 1976, seconded by Council Member Taylor. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $13,000.00 FROM THE COMMUNITY DEVELOPMENT GRANT FUND, FOR BELLEVILLE PARK, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC PARKS. This ordinance had first reading. Council Member Miller made a motion to set this ordinance for public hearing and second reading November 22, 1976, seconded by Council Member Taylor. The mot carried. ORDINANCE AN ORDINANCE APPROPRIATING $2,000.00 FROM THE COMMUNITY DEVELOPMENT GRANT FUND, FOR LASALLE PARK, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC PARKS. This ordinance had first reading. Council Member Miller made a motion to set this ordinance for public hearing and second reading November 22, 1976, seconded by Council Member Dombrowski. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $21,000.00 FROM THE COMMUNITY DEVELOPMENT GRANT FUND, FOR PARK EQUIPMENT, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC PARKS. This ordinance-had first reading. Council Member Dombrowski made a motion to set this ordinance for public hearing and second reading November 22, 1976, seconded by Council Member Miller. The motion carried. REGULAR MEETING NOVEMBER 8, 1976 REGULAR MEETING RECONVENED (CONTINUED) ORDINANCE AN ORDINANCE APPROPRIATING $80,000.00 FROM THE COMMUNITY DEVELOPMENT GRANT FUND, FOR PLAZA PARK, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC PARKS. This ordinance had first reading. Council Member Miller made a motion to set this ordinance for public hearing and second reading November 22, 1976, seconded by Council Member Taylor. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $300,048.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR OPERATION OF CENTURY CENTER, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE DEPARTMENT OF ADMINIS- TRATION AND FINANCE. This ordinance had first reading. Council Member Taylor made a motion to set this ordinance for public hearing and second reading November 22, 1976, seconded by Council Member Miller. The motion carried. NEW BUSINESS Council Member Miller made a motion to approve the sale of City -owned real estate located at 816 S. Pulaski; 1350 E. Sorin; 721 N. Eddy; 1109 Fellows; 614 S. Columbia; 424 E. South; 316 E South; 621 S. Columbia; 606 S. Carroll; 721 -725 S. Fellows; 936 E. Sorin, seconded by Council Member Adams. The motion carried. Council Member Adams made a motion to have only one meeting in December on December 13, 1976, and cancel the December 27, 1976 meeting, seconded by Council Member Taylor. The motion carried, There being no further business to come before the Council, unfinished or new, Council Member Adams made a motion to adjourn, seconded by Council Member Dombrowski. The motion carried and the meeting was adjourned at 10:18 p.m. ATTEST: APPROVED ty Clerk P e