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HomeMy WebLinkAbout11-22-76 Council Meeting MinutesREGULAR MEETING NOVEMBER 22,1976 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, November 22, 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 Taylor 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 Who: on Monday, November 22, 1976, at 7:04 p.m., with nine members present. Chairman Frank Horvath pre- siding. 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 being the time heretofore set for public hearing on the above ordinance, proponents and op- ponP.nts were given an opportunity to be heard. Division Chief Glenn Terry made the presentation for the ordinance. He said this transfer was necessary to purchase ammunition supplies to prepare. for training purposes during the winter months and to purchase additional latent fingerprint kits. Council Member Adams asked the price of the kits. Chief Terry indicated they were $29.50 a piece and they wanted to purchase fifteen kits. Council Member Szymiowiak made a motion that this ordi- nance be recommended to the Council favorably, seconded by Council Member Taylor. The motion car- ried. 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 being the time heretofore set for public hearing on the above ordinance, proponents and op- ponents were given an opportunity to be heard. Mr. Thomas Brunner, City Attorney, asked if there had been a decision made in caucus to strike this matter. Council President Parent indicated that the Council did not make decisions in caucus, but they had discussed this and they felt the Board of Managers of the Civic Center had the power to negotiate this lease. �e REGULAR MEETING NOVEMBER 22, 1976 COMMITTEE OF THE WHOLE MEETING (CONTINUED) Mr. Brunner said they felt it is necessary to have the approval of the Council. Council President Parent indicated he did not feel this was necessary since the State law mandated this power to the Board of Managers. Ms. Kathy Cekanski, Council's attorney, indicated she had briefly researched this subject, and it was her opinion that official action by the South Bend Council would not be necessary. Mr. Brunner indicated his department had had an opportunity to research this matter and they felt the proper way to handle this would be through a lease approved by the Council. Mrs Janet Allen, 125 W. Marion, indicated it was necessary that the Council proceed with this lease in order that the Art Center could go ahead with their fund drive. Council President Parent made a motion that thy- public hearing on the ordinance be continued until the December 13, 1976, meetinc of the Council. The motion failed since it did not receive a second. Mr. Fred Kahn, of the Art Center, made the presentation for the ordinance. He indicated the Art Center Board and the Centux Center Board had agreed to accept the lease that was presented to the Council. He said it was a five year lease which is drawn up for two years, with a three year renewal and calls for $3,000 per month. He said the Art Center is given access to the parking facilities. Mrs. Janet Allen in dicated the Art Center Board had worked very hard to get this and there should be no stumbling blocks in their way. Council Member Adams indicated that since the Council was approving the tax dollars being spent on Century Center they should have the opportunity to pass on the lease. She made a motion to recommend this ordinance to the Council favorably, seconded by Council Member Szymkowiak. Council President Parent indicated he felt that the Council was procedurally incorrec He asked if the Board of Public Works had approved this lease. Mr. Peter Mullen, City Controller, indicated that he believed the Board of Managers act for Century Center exactly as the Board of Works acts for the City. Council President Parent said he would like to have permission to abstai from voting on this matter, since he felt it was procedurally incorrect. Council Member Taylor indicated he was willing to make a procedural error because the Art Center was anxious to move ahead with their fund drive. He said before this type of thing comes before the Council again he would like to have some type of decision as to whether this is procedurally correct. Council Member Taylor made a motion to allow Council President Parent to abstain, seconded by Council Member Miller. The motion carried. Council Member Horvath indicated he would vote against this matter because unless the Board of Works was involved he did not want to be involved in anything they did not handle first. Council Member Dombrowski indicated he would not vote on this matter because he felt the Council should have been involved when the lease was drawn up. Council Member Miller said he felt that some of the Council's concerns were unfounded since he was involved in this lease as chairman of the committee and they did have a meeting with the Council regarding thi matter. A roll call vote was taken on the motion to recommend this to the Council favorably. The motion carried by a vote of six ayes (Council.Members Serge, Szymkowiak, Miller, Taylor, Kopczynsk and Adams) two nays (Council Members Dombrowski & Horvath) and one abstention (Council President Parent) . ORDINANCE AN ORDINANCE APPROPRIATING $18,000 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS CODE ENFORCEMENT PROGRAMS TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPART- MENT OF LAW. 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 asked that this matter, as well as 3H on the agenda be continued until the December 13, 1976, meeting of the Council. He said they were getting a decision from the State Tax Board concerning the funding of these ordinances. Council Member Adams made a motion to continue public hearing and second reading until December 1 1976, seconded by Council Member Dombrowski. 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 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 this money would be used for bleachers and fencing at Belleville Park. Mr. Gene Evans, Executive Secretary of the Civic Planning Associatio questioned the necessity of installing bleachers during the vuinter season. He also asked if ther was any other alternative that could be used rather than spend this money for bleachers. Mr. Seitz indicated this was a good winter project, since his department was too busy to do this duri the summer months. Council Member Serge made a motion that this ordinance be recommended to the Council favorably, seconded by Council Member Kopczynski. The motion 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 DEPARTMENTOF 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 Public Parks, madetihe: presentation for the ordinance. He said this money would be used to fence in the softbal field at LaSalle Park. Council Member Dombrowski made a motion that this ordinance be recommende to the Council favorably, seconded by Council President Parent. 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 DEPARTMENTOF 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 Public Parks, made the presentation for the ordinance. REGULAR MEETING NOVEMBER 22, 1976 COMMITTEE OF THE WHOLE MEETING (CONTINUED) He said this money would be used to buy playground equipment to replace equipment that is worn out Council Member Szymkowiak made a motion that this ordinance be recommended favorably to the Counci. seconded by Council Member Dombrowski. The motion carried. 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 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 this was fifty percent payment for Plaza Park. He said the balance would be paid when funds become available through Community Development moneys Council Member Adams asked Mr. Seitz if he knew the Park Department was go-ing to have to buy the park when they started construction. Mr. Seitz indicated that he did know they would have to buy the park. Council Member Miller made a motion that this ordinance be recommended to the Council favorably, seconded by Council Member Szymkowiak. 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 ADMINISTRATION AND FINANCE. Council Member Dombrowski made a motion to continue public hearing and second reading on this ordinance until the December 13, 1976, meeting of the Council, seconded by Council Member Taylor. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING MONEYS FOR THE PURPOSE 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 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. Peter Mullen made the presentation for the ordinance. He said that a large decrease will be made in the area of chemical usage. He said the laboratory staff had been able to alter theoperations in such a way that they can meet health standards and still keep costs at an affordable level. He said they were facing a deficit in 1977 of approximately $365,000, which is larger than the 1976 deficit. He said this was not due to in- creased spending, but to a new project budgeted in the Bureau of Sanitation. He said in actuality the 1977 deficit is on the same scope of operations as 1976. Mr. Gene Evans, Executive Secretary c the Civic Planning Association questioned the status of the overflow study which has been budgeter for the past several years and has not been completed. Mr. Ron Budzinski, of the Bureau of Water, said this survey had not been completed because of the additional construction to theplant. He said the survey had not been started at this time. Mr. Evans congratulated the Bureau of Waste Water for the savings they had made on chemicals. Mr. Rollin Farrand, Director of the Department of Public Works, indicated that the research on the chemical study was done in -house and he wanted to see that those employees got the recognition. Council Member Adams made a motion to cut line item 550 by $931 to a,total of $2,569, seconded by Council Member Miller. The motion carried. Council Member Horvath asked if the amount budgeted for electrical current could be reduced. Mr. Mullen indicated it could. Council Member Taylor made a motion to reduce this item from $160,000 to $143,000, seconded by Council Member Dombrowski. The motion carried. Council President Parent indicated there was an item of $1,500 for an internal control superv_sior and the Council was told this was to be paid to the director of the Bureau of Water. He said that by using this device the, were putting money in another bureau in order to get additional salary over and above the salary ordinance. He said he was against the payment of salary over and above the salary ordinance. He said that if after the first of the year (1977) the City would like to pay the director additional money it should be done in an open fashion. He said he was also against paying City expenses in the utilities budget. He said we have $1,800 to pay for the dues for the Conference of Mayors and this type of thing should be in the General Fund. Council Member Adams made a motion that this ordinance be recommended to the Council favorably, as amended, seconded by Council Member Dombrows: The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING ALL PARKING GARAGE 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 being the time heretofore set for public hearing on the above ordinance, proponents and opponr were given an opportunity to be heard. Mr.✓Peter Mullen, City Controller, made the presentation fo: the ordinance. He said this budget reflects a seven percent decrease from that passed for 1976. He said they were making a concentrated effort to limit expenditures and increase efficiency at the same time. Council Member Parent made a motion that this ordinance be recommended to the Council favorably, seconded by Council Member Dombrowski. The motion carried. If .i . ,n REGULAR MEETING NOVEMBER 22 1976 COMMITTEE OF THE WHOLE MEETING (CONTINUED) ORDINANCE AN ORDINANCE APPROPRIATING ALL PARKING GARAGE 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 190 OF THE ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF INDIANA OF 1955. This being the time heretofore set for public hearing on the above ordinance, proponentsand op- ponents were given an opportunity to be heard. Mr. Peter Mullen, City Controller, made the pre- sentation for the ordinance. He said the 1977 budget proposed a decrease from the budget propose( and approved for 1976. He said they had identified the areas where they felt costs can be cut and at the same time not lower the level of services. He asked that the total of the budget be amended to $359,115 due to an error in addition. Council Member Miller made a motion to amend the ordinance as requested, seconded by Council Member Taylor. The motion carried. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, questioned the amount in Contractual Services. Mr. Jane Swan, 2022 Swygart questioned the amount of $900 in the postage account. All questions were satisfactorily answered. Council Member Dombrowski made a motion that this ordinal be recommended to the Council favorably, as amended, seconded by Council Member Serge. The motior carried. There being no further business to come before the Committee of the Whole, Council Member Taylor made a motion to rise and report to the Council, seconded by Council Member Miller. The motion carried. Council Member Dombrowski made a motion to recess, seconded by Council Member Parent. The meetinc_ was recessed at 8:05 p.m., and reconvened at 8:25 p.m. ATTEST: ATTEST: J", _77�a City Clerk Chairman REGULAR MEETING RECONVENED Be it remembered that the regular meeting of the Common Council of the City of South Bend recon- vened in the Council Chambers at 8:25 p.m., Council President Parent presiding, and nine members present. Council President Parent recognized the adult Government and Sociology class from Central. Mayor Peter J. Nemeth reported that Wendy's on Lincolnway West had a ribbon cutting and donated $256 in one dollar bills, representing the different types of hamburgers they sell, to the City for charity. He said it will be given to the Save -A -Life fund. Council Member Szymkowiak announced that there will be a dance November 30, 1976, at St. Hedwig's Memorial Center, and the proceeds will be given to the Save -A -Life fund. REPORT FROM THE SUB- COMMITTEE ON MINUTES To the Common Council of the City of South Bend: Your sub - committee on the inspection and supervision of the minutes would respectfully report that it has'.inspected the minutes of the November 8, 1976 meeting of the Council and found them correct. The sub- committee, therefore, recommends that the same be approved. /s /Roger 0. Parent /s /Mary Christine Adams Council Member Taylor made a motion that the minutes of the November 8, 1976, meeting be accepted as read and placed on file, seconded by Council Member Dombrowski. The motion carried. REPORT FROM THE COMMITTEE OF THE WHOLE Council Member Dombrowski made a motion to waive the reading of the report of the Committee of Whole, seconded by Council Member Horvath. The motion carried by a roll call vote of nine ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent). REPORTS FROM AREA PLAN November 17, 1976 The Honorable Common Council City of South Bend County -City Building South Bend, IN 46601 In Re: A proposed ordinance initiated by the Legal Department of the City of South Bend, to amend Zoning Ordinance No. 4990 -68, relative to Adult Book Stores and Theaters, City of South Bend. Gentlemen: The attached rezoning petition of the Legal Department of the City of South Bend was legally advertised November 6, 1976. The Area Plan Commission gave it a public hearing on November 16, 1976 at which time the following action was taken: "Upon a motion by Joseph Serge, being seconded by Joseph Simeri, and unanimously REGULAR MEETING NOVEMBER 22, 1976 REGULAR MEETING (CONTINUED) cArried, the petition, as amended, initiated my Marcy C. Adams, City Councilwoman, to amend Zoning Ordinance No. 4990 -68, relative to Adult Book Stores and Theaters, City of South Bend is returned to the Common Council with a favorable recommendation. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing and will be forwarded to you at a later date to be made a part of this report. Very truly yours, /s /Richard S. Johnson, Executive Director RSJ /bs j cc: Legal Department of the City of South Bend November 17, 1976 The Honorable Common Council City of South Bend County -City Building South Bend, IN 46601 In Re: A proposed ordinance and site development plan of South Bend Heart Surgery, Inc., to zone from "A" and "B" Residential, "A" Height and Area, to "B" Residential, "A" Height and Area, property located on the south side of East North Shore Drive, at the Michigan Central Railroad Tracks, City of South. Bend Gentlemen: The attached rezoning petition of South Bend Heart Surgery, Inc., was legally advertised November 6, 1976. The Area Plan Commission gave it a public hearingon November 16, 1976, at which time the following action was taken: "Upon a motion by Rollin Farrand, being seconded by Thomas Allen and unanimously carried, the petition of South Bend Heart Surgery, Inc., to zone from "A" and "B" Residential, "A" Height and Area, to "B" Residential, "A" Height and Area, property located on the south side of East North Shore Drive, at the Michigan Central Railroad Tracks, City of South Bend, is returned to the Common Council without a recommendation, but with the minutes of that public hearing to be forwarded to the Council, prior to their action on this matter." If the Council should rezone this site, it shall have to be subject to the submission of a final site plan. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in minutes of the public hearing and will be forwarded to you at a later date to be made a part of this report. Attached for your consideration in the review of this matter is a copy of the Area Plan Commission Staff Report. Very truly yours, /s /Richard S. Johnson RSJ /bsj Executive Director cc: Mr. Jack C. Dunfee, Jr. Attorney at Law Council President Parent asked Mr. Brunner to send the Council the amendments to the adult book store ordinance. Council Member Taylor made a motion to set the adult book store ordinance and the rezoning in the 100 block of East North Shore Drive for public hearing and second reading December 13, 1976, seconded by Council Member Dombrowski. The motion carried. ORDINANCES, SECOND READING ORDINANCE NO. 6079 -76 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 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). REGULAR MEETING NOVEMBER 22, 1976 REGULAR MEETING (CONTINUED ORDINANCE NO. 6080 -76 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 second reading. Council Member Miller made a motion to pass the- ordinance, seconded by Council Member Taylor. The ordinance passed by a roll call vote of six ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski and Adams) two nays (Council Members Horvat and Dombrowski) and one abstention (Council President Parent). ORDINANCE AN ORDINANCE APPROPRIATING $18,000 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS CODE ENFORCEMENT PROGRAMS TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPART- MENT OF LAW. Council Member Miller made a motion to continue public hearing and second reading on this ordinan( until the December 13, 1976, meeting of the Council, seconded by Council Member Taylor. The motic carried. ORDINANCE NO. 6081 -76 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 second reading. Council Member Taylor made a motion seconded by Council Member Dombrowski. The ordinance passed by a roll (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Parent) . ORDINANCE NO. 6082 -76 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. to pass this ordinance, call vote of nine ayes Dombrowski, Horvath and 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. 6083 -76 AN ORDINANCE APPROPRIATING $21,000.00 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 second reading. Council Member Taylor made a motion to pass this ordinance, seconded by Council Member Szymkowiak. The ordinance passed by a roll call vote of nine ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent) . ORDINANCE NO. 6084 -76 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 second reading. Council Member Taylor made a motion to pass this ordinance, seconded by Council Member Szymkowiak. The ordinance passed by a roll call vote of nine ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent) . 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 ADMINISTRATION AND FINANCE. Council Member Horvath made a motion to continue public hearing and second reading on this ordi- nance until December 13, 1976, seconded by Council Member Dombrowski. The motion carried. ORDINANCE NO. 6085 -76 AN ORDINANCE APPROPRIATING MONEYS FOR THE PURPOSE 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 OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. 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 Dombrowski. The motion car- ried. 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). REGULAR MEETING NOVEMBER 22, 1976 REGULAR MEETING (CONTINUED) ORDINANCE NO. 6086 -76 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 ANDPURPOSES SET FORTH THEREIN, IN ACCORD - ANCE WITH CHAPTER 208 OF THE ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF INDIANA OF 1965. This ordinance had second reading. Council Member Miller made a motion to pass the ordinance, seconded by Council Member Taylor. The ordinance passed by a roll call vote of nine ayes (Counci Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent). ORDINANCE NO. 6087 -76 AN ORDINANCE APPROPRIATING ALL PARKING GARAGE 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 AC- CORDANCE WITH CHAPTER 190 OF THE ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF INDIANA OF 1955. 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 Dombrowski. The motion carried Council Member Dombrowski made a motion to pass the ordinance, as amended, seconded by Council Member Szymkowiak. The ordinance passed by a roll call vote of nine ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent). RESOLUTIONS Since no one was in the Chambers to make the presentation for resolution 9A on the agenda, the Council proceeded to hear item 9B. RESOLUTION NO. 541 -76 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE AWARDING OF ONE CONTRACT IN EXCESS OF $5,000 FOR REHABILITATION WORK IN THE COMMUNITY DEVELOPMENT PROGRAM. WHEREAS, under the provisions of Ordinance No. 5872 -75, passed by the South Bend Common Council on August 11, 1975, all contracts under the Community Development Housing Program in excess of $5,000 must be approved by the Common Council; and WHEREAS, the low bid for one property to be rehabilitated under the Community Development Housing Program has exceeded $5,000. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana: 1. That approval be granted to the Redevelopment Commission of the City of South Bend, Indiana, to enter into a contract with Slatile Roofing and Sheet Metal, Inc., for the rehabilitat of the following property: Lot 111 Indiana Avenue Add 1508 S. Carroll Street $7,980.00 That this resolution shall be in full force and effect from and after its adoption by the Common Council and its approval by the Mayor of the City of South Bend, Indiana. /s/ Terry S. Miller Member of the Common Council A public hearing was held"at this time on the resolution. Mr. Keith Crighton, Director of the Bureau of Housing, indicated that all contracts under the Community Development Housing Program in excess of $5,000,must be approved by the Common Council. He asked that approval be granted to enter into a contract with Slatile Roofing andSheet Metal,: Inc., for the rehabilitation of property located at 1508 S. Carroll Street. Council Member Miller made a motion this resolution be adopted, seconded by Council Member Taylor. The resolution passed by a roll call vote of nine ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent) . RESOLUTION NO. 542 -76 A RESOLUTION APPROVING AND CONFIRMING ESTABLISH- MENT OF ST. JOSEPH COUNTY AIRPORT AUTHORITY DIS- TRICT AND APPROVING ST. JOSEPH COUNTY AIRPORT AUTHORITY BOARD ORDINANCE NO. 76 -8. WHEREAS, the Indiana General Assembly by Public Law No. 304 of the Acts of 1971 authorized the establishment of an airport authority district whenever the council of any county shall adopt an ordinance, an act or a resolution in favor of the establishment of an airport authority dis- tfict for that county, and WHEREAS, after taking effect of said Act the County Council of St. Joseph County did, on June 19, 1973, adopt a resolution authorizing the establishment of an airport authority district for St. Joseph County, Indiana, and, WHEREAS, subsequent to the adoption of said resolution no remonstrance or remonstrances petitioning against the establishment of such airport authority district was or were filed by the registered voters of st. Joseph County, and, WHEREAS, by virtue ofthe provisions of said Act, the members of the Board of the St. Joseph County Airport Authority were duly appointed and met in its initial organization meeting on December 28, 1973, and .on REGULAR MEETING NOVEMBER 22, 1976 REGULAR MEETING (CONTINUED) WHEREAS, September 10, 1976, the Board of the St. Joseph County Airport Authority adopted a resolution approving the issuance and sale of bonds of the St. Joseph County Airport Authority for the purpose of securing funds to be applied on the�cost of improvements to the St. Joseph Couni Airport specifically set forth in said resolution, and, WHEREAS, on September 28, 1976, the St. Joseph County Airport Authority adopted its Ordinanc( No. 76 -8 authorizing the issuance of general obligations bonds of the St. Joseph County Airport Authority District in an amount not to exceed $7,000,000.00 designated "St. Joseph County Airport Authority Airport Improvement Bonds," to secure funds for the purposes set forth in said Ordinance and to apply on the cost of said improvements to the St. Joseph County Airport, and, WHEREAS, the Common Council of theCity of South Bend believes that the contemplated improve- ments to the St. Joseph County Airport as set forth in said Ordinance No. 76 -8 of the St. Joseph County Airport Authority are necessary and desirable. NOW, THERFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana: 1. That it favors the establishment of an Airport Authority District for St. Joseph County, Indiana, and it approves and confirms the action of the County Council of St. Joseph County, Indiana, had on June 19, 1973, creating by its resolution an Airport Authority District for St. Joseph County, Indiana, and 2. It approves the Ordinance of the St. Joseph County Airport Authority, adopted September 28, 1976, being Ordinance no. 76 -8, authorizing the issuance and sale of general obligation bonds of said St. Joseph County Airport Authority District designated "St. Joseph County Airport Author? Improvements Bonds" to secure funds to be applied to the cost of improvements to the St. Joseph County Airport as specifically set forth in said Ordinance. /s/ Mary Christine Adams Member, South Bend Common Council A public hearing was held at this time on the resolution. Mr. Thomas Nate, President of the Airport Authority, indicated the Airport Authority had adopted a resolution for a bond authorizat: of $7,000,000 to expand the terminal at the Michiana Airport. He said the Airport Authority hope( to receive substantial Federal funds, and they will not use these funds to expand the scope of the project, but to defray the total cost of the project. He indicated that a consultant had use( passenger flow to determine the size terminal needed. He presented a graph which depicted the passenger flow. He indicated that 72% of the operating budget of--,the airport,comes from revenue produced by the consessions and air carrier operations at the airport. He indicated it was neces- sary that they get the processing for the bond handled as quickly as possible and they needed the approval of the South Bend Common Council. Mr. Simon Sclamberg, 2013 Berkley, spoke against the expansion:.. He said he had heard they intended to put a bus terminal at the airport, in order that this would be a multi -modal facility and the public had not been properly informed. Mr. Walter King, a corporation pilot, took opposition to the bond issue. He indicated he was not opposed to a reasonable and realistic expansion of the airport terminal, however, for the amount of money being requested he did not feel the, public had received adequate information. He discussed the expansion of the terminal at the Toledo airport at a cost of slightly under $6,000,000. He said the Toledo airport was serviced by four air lines, not two. He indicated South Bend was not goin( to receive any additional service in the immediate future. He said he thought there should be-a scaled down bond issue that could provide a very adequate terminal building to meet the community needs for the next 25 -30 years. Mr. Robert Vasoli, a University of Notre Dame sociology professor indicated the Airport Authority had spent a lot of money on studies of the need for a terminal. He indicated passenger traffic would not be as heavy as predicted by the Authority. He indicated that he did not know how the Council could make a judgement on the bond issue until they know what it is going to buy. He said he thought the Council should have some answers to the questions that have been raised. Mr. John Kagel, representative of the South Bend - Mishawaka Chamber of Commerce, gave a nine page statement from the Chamber to the Council. This statement listed companies and people in the community who were in favor of this expansion. Mrs. Jane Swan, 2022 Swygart, asked if this meant theSouth Bend residents would be paying a double issue, since this was a countywide project. Council President Parent indicated they would not pay double. Mrs. Janet Allen, 125 W. Marion, indicated that some of the people listed on the - statement from the Chamber were the same people who favored Downtown Urban Redevelopment. She indicated she certainly would question any project that asks for $7,000,000 when they do not know exactly how much it is going to cost. Mr. Nate indicated the Airport Authority felt the public had been kept abreast of what the project entailed, and that a bus terminal will be constructed only if a bus company wishes to locate its facilities at the airport. Mr. John Lindstaedt, president of the St. Joseph County Fair Tax Association spoke in favor of the project. Mr. Paul Bognar, 807 W. Washington, spoke in favor of the project. Council Member Serge indicated he had received many calls regarding the fact that people do not want the bus terminal located in that area. Council Member Taylor indicated he fell the project has been highly publicized and both pro and con have had ample opportunity to express opinions. He indicated he would vote in favor of this resolution. Council Member Adams indicate she felt the Council had to look at this issue realistically, and this would be an additional burden to the taxpayers. She indicated the County Council felt the two councils should get toget- her and discuss this, since the County Council, through Area Plan, had authorized an independent Study and they would have the results back next week. She made a motion that this resolution be continued until the December 13 meeting of the Council, seconded by Council Member Kopczynski. Council Member Dombrowski indicated he would support this resolution. Council Member Horvath sat he was in favor of the resolution, but did not think the bus terminal should be moved in the air- port. Council President Parent indicated he did not think the bus terminal should be moved from downtown.Mr. Nate indicated they were working with the Department of Transportation to get the criteria on what they call multi - modal, and the decision to move would be strictly up to the bus company. Council Member Kopczynski indicated he felt it would be best to continue hearing on thi resolution until the next meeting. Council President Parent indicated he felt they did not need to delay the hearing. He said he was in favor of the general approach to solving this problem. A roll call vote taken on the motion lost by a vote of two ayes (Council Members Adams and Kopczynski) and seven nays (Council Members Serge, Szymkowiak, Miller, Taylor, Dombrowski, Horvat and Parent). Council Member Taylor made a motion that this resolution be adopted, seconded by Council Member Dombrowski. REGULAR MEETING NOVEMBER 22, 1976 REGULAR MEETING (CONTINUED) Council Member Adams asked the Council for permission to abstain, since she felt Council should have all information pertinent to the issue before they vote. Council Member Miller made a motion that Council Member Adams could abstain from voting, seconded by Council Member Taylor. The moti carried. Council Member Kopczynski asked for permission to abstain since they did not have all information that will be forthcoming. Council Member Miller made a motion that Council Member Kopczynski could abstain from voting, seconded by Council Member Serge. The motion carried. The resolution was adopted by a roll call vote of seven ayes (Council Members Serge, Szymkowiak, Mill Taylor, Dombrowski, Horvath and Parent) and two abstentions (Council Members Adams and Kopczynski ORDINANCES, FIRST READING ORDINANCE AN ORDINANCE REPEALING ORDINANCE NO. 5177 -70 PASSED APRIL 28, 1970, WHICH ANNEXED TO THE MUNICIPAL CITY OF SOUTH BEND, INDIANA, CERTAIN TERRITORY EMBRACING 890 ACRES AND GENERALLY DESCRIBED AS GILMER PARK. This ordinance had first reading. Council Member Dombrowski made a motion to set this ordinance for public hearing and second reading December 13, 1976, and refer it to the Department of Public Works for their comments, seconded by Council Member Adams. The motion carried. ORDINANCE AN ORDINANCE TRANSFERRING $6,903.25 IN THE GENERAL PARK FUND. TRANSFER IS BEING MADE IN VARIOUS BUDGET CLASSIFICATIONS WITHIN THE GENERAL PARK FUND. This ordinance had first reading. Council Member Adams made a motion to set this ordinance for public hearing and second reading December 13, 1976, seconded by Council Member Dombrowski. The motion carried. ORDINANCE AN ORDINANCE TRANSFERRING THE SUM OF $1,825.00 FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS, ALL ACCOUNTS BEING WITHIN THE BUREAU OF ENVIRONMENTAL CONTROL BUDGET OF THE GENERAL FUND OF THE CITY OF SOUTH BEND. This ordinance had first reading. Council Member Adams made a motion to set this ordinance for public hearing and second reading December 13, 1976, seconded by Council Member Dombrowski. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $200,000 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR CIVIC CENTER EQUIPMENT, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE DEPARTMENT OF PUBLIC WORKS. This ordinance had first reading. Council Member Adams made a motion to set this ordinance for public hearing and secon dreading December 13, 1976, seconded by Council Member Dombrowski. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $49,231 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR OPERATION OF THE YOUTH SERVICES BUREAU, TO BE ADMINISTERED THROUGH THE DEPARTMENTOF HUMAN RESOURCES This ordinance had first reading. Council Member Adams made a motion to set this ordinance for public hearing and second reading December 13, 1976, seconded by Council Member Dombrowski. The motion carried. She indicated this department should be included in the full session caucus next week. 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 THE REGULATION OF MASSAGE ESTABLISHMENTS, MASSAGE TECHNICIANS, AND THE PRACTICE OF MASSAGE. This ordinance had first reading. Council Member Adams made a motion to set this ordinance for public hearing and second reading December 13, 1976, seconded by Council Member Dombrowski. The motion carried. ORDINANCE AN ORDINANCE DESIGNATING AND ESTABLISHING AN HISTORIC LANDMARK UNDER ORDINANCE NO. 5565 -73, AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND. This ordinance had first reading. Council Member Dombrowski made a motion to refer this ordinanc to Area Plan, seconded by Council Member Adams. The motion carried. PRIVILEGE OF THE FLOOR Mrs. Jane Swan, 2022 Swygart, discussed the recent attempt to keep Sears downtown. She offered unofficial resolution of praise. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, indicated he was concerne regarding something that happened earlier in the meeting. He said he personally has some concer about the plans anff procedures regarding Century Center, but he thought it was time to get the act together so the public will have a high level of confidence that Century Center will get off the ground. n '395 REGULAR MEETING NOVEMBER 22, 1976 REGULAR MEETING '(CONTINUED) ELECTION OF OFFICERS Council Member 'Horvath made a motion that Council Member Taylor chair this portion of the meeting, seconded by Council Member Dombrowski. The motion carried. Council Member Serge nominated Councll Member Parent for president, seconded by Council Member Dombrowski. Council Member Dombrowski made a. motion that the nominations be closed, seconded by Council Member Serge. The motion cars d Council President Parent thanked the Council for electing him for a third year. Council Member Horvath nominated Council Member Dombrowski for vice president, seconded by Counci Member Taylor. Council Member Taylor made a motion that nominations be closed, seconded by Counc Member Horvath. The motion carried. Council Member Dombrowski nominated Council Member Horvath.as.schairman of the Committee of the Whole, seconded by Council Member Taylor. Council Member Taylor made _a motion that nominations be closed. The motion carried. There being no further business to come before the Council, unfinished or new, Council Member Dombrowski made .a motion to adjourn, seconded by Council Member Taylor. The motion carried and the meeting was adjourned at 10:17 p.m. ATTEST: APPROVED: City Clerk Preside L �1