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HomeMy WebLinkAbout01-04-77 Council Meeting MinutesREGULAR MEETING JANUARY 4, 1977 REGULAR MEETING 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, January 4, 1977, 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 Serge made a motion to resolve into the Committee of the Whole, seconded by Council 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, January 4, 1977, at 7:00 p.m., with nine members present. Chairman Frank Horvath pre- siding. 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 DEPARTMENT 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. Thomas Brunner, City Attorney, made the pre - sentation for the ordinance. He indicated the interns supplement the Deputy Attorneys' workload by researching questions of law, and also handle numerous citizen complaints and requests. He said that as a result of the interns' work, the deputy attorneys are able to spend their time on more complex matters. He said this program was essential if the Department of Law was to render competent service to the City. He said he was requesting this $18,000 from revenue sharing funds for 1977 to fund their salaries. He indicated this was the exact amount they operated on last yea l. Council Member Kopczynski made a motion to recommend this ordinance to the Council favorable, seco d- ed by Council Member Dombrowski. Council President Parent asked how many interns were on the pay- roll. Mr. Brunner indicated there were four paid out of revenue sharing and three who were funded out of Wastewater. Council President Parent asked if all the legal interns worked out of Mr. Brunner's department. He indicated they all worked out of the Legal Department. The motion car- ried. ORDINANCE AN ORDINANCE APPROPRIATING $300,048.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR OPERATIOI'N OF CENTURY CENTER, TO BE ADMINIS- TERED BY THE CITY OF SOUTH BEND THROUGH THE DEPARTMENT OF ADMINISTRATION AND FINANCE. This being the time heretofore set for public hearing on the above ordinance, proponents and op- ponents were given an opportunity to be heard. Mr. Walter Lantz, Chief Deputy Controller, made the presentation for the ordinance. He indicated this was the operating budget for Century Center He asked for an amendment to the ordinance covering three line items. He asked that account 221.0 electric current be reduced from $125,000 to $87,000, account 223.0 heat, be increased from $2,284 to $40,000, and account 224.0 water, be increased from $360 to $644. He said this change would not exceed the total of the three line items. Council Member Kopczynski made a motion to amend the ordinance as requested by the Administration, seconded by Council President Parent. The motio carried. Mr. Lantz indicated that a portion of this budget was for the entire year, such as, salaries, heat, electric and water, and other line items are for two or three months that the Century Center will be -in operation. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, questioned the $23,500 budgeted for promotion. He wanted to know what type of pro- motion was going to be made, and what were they promoting. Mr. Lantz indicated they would be promoting Century Center. He said this would cover the cost of brochures, booklets and other type of promotional material. Mr. Patrick McMahon, Director of the Department of Public Works, indicat d that.the promotion money would go toward different activities that must be promoted on a long -rang basis, such as, conventions which are usually reserved two years in advance. Mr. Evans indicated that this might be a duplication of work with the Convention Bureau. Mr. McMahon indicated that the Convention Bureau was going to continue with their efforts, however, they did not just pro- mote -the Century Center, but other facilities in the City. Council President Parent indicated tha the salary of the director was $20,916, but this salary was supplemented, and he wanted to know from what fund it would be supplemented. Mr. Lantz indicated that the salary was supplemented in the past, but he did not think there would be any supplement in the future from public funds. Council President Parent asked what salary the position was advertised. Council Member Miller in- dicated $20,916, with no intent to subsidize. Council Member Kopczynski indicated that he questio - ed whether it would be ethical for this salary to be supplemented from private funds, since it wou d be a conflict of interest._ He indicated he thought the Council should make it clear that there will be no supplement from private funds, and if that comes to pass he believed that person should be removed from that position. Council Member Miller indicated that if the person has a private interest in a sense this would be "moon- lighting" and the Council does not regulate this. Council Member Adams questioned the trash pickup at $1,900, and asked if this could be done by the City. Mr. Lantz indicated that figure was for the.entire year and was an estimate of the cost. He in- dicated that the ordinance would have to be amended to permit the City to handle the trash pickup since it only covers private residences. Council Member Adams indicated that the amount budgeted for elevator maintenance seemed low. Mr. Lantz indicated that this was a minimum service contract for three months. Council Member Serge indicated he felt they would not get a qualified building engineer at a salary of $15,000 per year. Mr. McMahon indicated they have received applications for the job. Council Member Kopczynski made a motion to recommend this ordinance, as amended, to the Council favorable, seconded by Council Member Serge. The motion carried. N REGULAR MEETING JANUARY 4, 1977 u COMMITTEE OF THE WHOLE MEETING (CONTINUED ORDINANCE AN ORDINANCE APPROPRIATING $200,000 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR OPERATION OF CENTURY CENTER, TO BE ADMINIS- TERED BY THE CITY OF SOUTH BEND THROUGH THE DEPARTMENT OF ADMINISTRATION AND FINANCE. This being the time heretofore set for public hearing on the above ordinance, proponents and op- ponents were given an opportunity to be heard. Mr. Patrick McMahon, Director of the Department of Public Works, made the presentation for the ordinance. He said this appropriation would be used to buy moveable partitions at a cost of $145,540; graphics and signage at a cost of $25,000 and theatre equipment at a cost of $26,460 for lighting. He requested that an amendment be made to reduce account.726.0, other equipment, by $3,000 and add line item 260.0 other contractuals at a figure of $3,000. Council Member Kopczynski made a motion to amend the ordinance as re- quested by the Administration, seconded by Council Member Dombrowski. The motion carried. Counc Member Adams indicated she was under the impression that the partitions were going to be purchase by the Hotel -Motel Tax Board. Mr. McMahon indicated this was considered, however, they were going to direct all their money toward furnishings. Council Member Kopczynski made a motion to recommend the ordinance, as amended, to the Council favorable, seconded by Council Member Dombrow The motion carried, with Council Member Horvath opposing. 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. 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. Michael Carrington, Assistant to the Mayor, made the presentation for the ordinance. He indicated this was the fourth or fifth year that then funds had been requested. He indicated that the.City could be proud of the Youth Services Bureau, since it was one of the best in the State. He enumerated all of the agenices they work with and assist. He indicated this appropriation was only a part of the overall budget. Council Presiden Parent indicated that this was one of the better bureaus of this type. He made a motion that this ordinance be recommended to the Council favorable, seconded by Council Member Taylor. Council Member Adams indicated that the report submitted with this ordinance stated the Youth Services Bureau had submitted requests for additional Justice Department money through the "Bayh Bill ", and additional. HEW money through the Title XX Act, and if either requested is funded, a corres- ponding reduction in City revenue sharing funds could be made. Mr. Carrington indicated that this might not be forthcoming, and it would all depend on receipt of sufficient funds, and if so, some money could revert back. Council Member Horvath commended the staff of the Youth Services Bureau. Mr. Carrington indicated that Cappy Gagnon, who was the former director of the bureau, should be commended for the fine work he did as director. The motion to recommend this ordinance favorable carried. ORDINANCE AN ORDINANCE APPROPRIATING $5,850.00 FROM THE LOCAL ROADS AND STREETS FUND AND $650.00 FROM THE CUMULA- TIVE CAPITAL IMPROVEMENT FUND TO PROJECT R & S 89- 1976, COLFAX AVENUE BRIDGE. 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. Patrick McMahon, Director of the Department o Public Works made the presentation for the ordinance. He said this additional sum of $6,500 was needed to pay for engineering on this project. Fie said at the time the initial appropriation was made, it was explained that the City and the consultant were still working with the State to de- fine the extent of the reconstruction the bridge would require, and that some additional funds might be necessary. He said the project has now been completed and the $6,500 is needed to pay for the engineering over and above what was covered by the initial appropriation. Council Preside: Parent made a motion to recommend this ordinance to the Council favorable, seconded by Council Me: Taylor. Council Member Kopczynski asked if this project was going to be considered under the new Federal public works funding. Mr. McMahon indicated it was. Council Member Kopczynski indicated th:e: City was not certain that the Government will fund it, and he wanted to know how much will be involved in engineering fees. Mr. McMahon indicated that $66,000 would be the cost of the engineering fees and the repair of the wall. Council Member Kopczynski asked the cost of the tot project if the City were to build it. Mr. McMahon indicated he did not have the figures with him but he thought it would be in the neighborhood of $3,500,000. He indicated if this application for Federal funds is not accepted, they plan to file an application through the Economic Develop- ment Administration. Council Member Miller asked if there was any chance of getting State money because this is a State highway. Mr. McMahon indicated his department will pursue every avenue to get funding. Council Member Horvath asked if the street would be four lanes or two. Mr. McMa indicated that the bridge would be four lane and the street would be two. Council Member Horvath indicated he thought it would be better to widen both at the same time. The motion to recommend this favorable to the Council carried. ORDINANCE AN ORDINANCE APPROPRIATING $100,000.00 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND FOR VARIOUS PUBLIC WORKS PROGRAMS TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC WORKS. This being the time heretofore set for public hearing on the above ordinance, proponents and op- ponents were given an opportunity to be heard. Mr. Patrick McMahon, Director of the Department of Public Works, made the presentation for the ordinance. He said this money, together with unexpended funds from the first year program, will be used for the 1977 Curb Program. He said his department is currently developing the 1977 Curb Program, and it was anticipated the plans will be completed for major projects for this program so that construction could start in early spring. r i r Y c�13 1 W REGULAR MEETING JANUARY 4, 1977 COMMITTEE OF THE WHOLE MEETING (CONTINUED) He said these funds will be used in the target area. Council Member Serge asked if every area was going to be given consideration. Mr. McMahon indicated the money could only be spent in the target area. Council Member Kopczynski made a motion to recommend this ordinance favorable to the Council, seconded by Council Member Szymkowiak. Council President Parent asked for a list of the project. Mr. McMahon indicated that as soon as the list is drawn up he would send it to the Council. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $22,500.00 FROM THE LOCAL ROADS AND STREETS FUND AND $2,500.00 FROM THE CUMU- LATIVE CAPITAL IMPROVEMENT FUND TO PROJECT R &S 90- 1977, CRESTWOOD AND EDISON SIGNALIZATION. 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. Patrick McMahon, Director of the Department of Public Works, made the presentation for the ordinance. He said traffic conditions at the intersection had been monitored for approximately three years, and during that period of time in- creased traffic volumes and changing traffic patterns have been noted. He said this intersection now meets and warrants signalization. He said his department is preparing plans for this project and anticipates initiating the bidding procedure, subject to the appropriation of the necessary funds. Mr. William Dreibelbeis, 1317 Beutter Lane, indicated there was a stretch of road on Corby of about 30 to 50 feet that is unpaved and if this is not taken care of it will create a problem with left turns when this intersection is signalized. Mr.-McMahon indicated this would be handled in conjunction with the signalization. Council President Parent made a motion to recommend this ordinance to the Council favorable, seconded by Council Member Dombrowski. Counci: Member Kopczynski asked if this intersection would be eligible for other funding. Mr. McMahon indicated it would be feasible; but it would take longer. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING THE SUM OF $35,000.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND FOR PROJECT CS10 -1977, NORTHEAST STORM SEWER DEVELOPMENT, PHASE II. 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. Patrick McMahon, Director of the Department of Public Works, made the presentation for the ordinance. He indicated the Northeast side of South Bend has been experiencing problems with the disposition of storm water. He said these problems surface as basement flooding and, in some cases, street ponding for excessive periods after the rain stops. He said another area from which complaints have been received is the Sunnymede area, and therefore, they have concluded that the problem is more involved than simply a localized sewer failure. He said they planned to engage the services of Cole Associates, Inc., to conduct a study of the sewers in the area bounded approximately by the City limits on the north, Eddy Street on the west, Mishwaka Avenue on the south and Ironwood Drive on the east. He said the engineers will analyze the problems existing relative to storm and sanitary sewers in an adjacent to the outlined areas. He said a similar study was done several years ago by Cole in -an area adjacent to the east of the area proposed. Council Member Serge made a motion to recommend this ordinance to the Council favorable, seconded by Council President Parent. Council Member Adams indicated that by State law engineering contracts were not biddable. She asked if this was the only firm that could do this type of work. Mr. McMahon indicated it was not the only firm. Council Member Adams asked why this firm was chosen. Mr. McMahon indicated he was not involved in the selection. He indicated the other firms in the City have been receiving contracts. Counc' Member Adams indicated that since Mr. Farrand, the former director of the Department of Public Works, was now employed by Cole Associates, she thought Mr. Brunner should prepare a memo regard- ing whether or not this contract was appropriate. Council President Parent indicated that Cole has not received an overabundance of contracts from the City, but questions could be raised in a situation such as this. lie said he was completely convinced that the recommendation was above board. The motion to recommend this favorably carried. y ORDINANCE AN ORDINANCE APPROPRIATING $39,017.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR ESTABLISHING THE DISCOVERY HALL PORTION OF CENTURY CENTER, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE DEPARTMENT OF ADMI14ISTRATION AND FINANCE. This being the time heretofore set for public hearing on the above ordinance, proponents and op- ponents were given an opportunity to be heard. Mr. Walter Lantz, Chief Deputy Controller, made the presentation for the ordinance. He indicated this appropriation was to establish Discovery Hall, and this was the total operating expenses for 1977. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, indicated:. he had some concern about Discovery Hall. He asked the status of the search for a manager. Ms. Paula Auburn indicated they had received resumes from .four people who are well qualified, and a final decision will be made soon. Mr. Evans indicated he had not seen a written definition or description of Discovery Hall. Mr. Lantz indicated that the Studebaker Car Collection was not the only part, it will also be a history of South Bend's industrial development. Mr. Evans indicated he felt this should be in a written form. Mr. Ron Radecki, 113 S. St. Peter, indicated that the Discovery Hall will be a complete industrial history as well as a history of our ethnic.. =community. He said they needed a pro- fessional staff to deal with the corporations who are interested in displaying their products. Mr. Evans indicated that the proposed salary of $17,000 was out of line, based on an Historic Society report he had read. Ile said he thought it should be reduced to somewhere in the area of $12,000. Council Member Adams asked Ms. Auburn what she had been using as a job description. Ms Auburn indicated she had two pages covering the job description. She said there was three basic aspects, research, directorship and administration. She said they had avertised nationally with a salary level of $13,500, but-,they did not receive any applicants with experience. She said the four current applicants make $15,000 or more. Council Member Adams made a motion to amend the manager's salary to $15,000, seconded by Council Member Kopczynski. A roll call vote was request Council Member Miller made a motion to reopen discussion before the roll call vote was taken, seconded by Council Member Taylor. The motion carried. P REGULAR MEETING JANAURY 4, 1977 REGULAR MEETING (RECONVENED Council President Parent indicated that going to $15,000 may be too low. He said he would urge the Council not to cut it to $15,000 andperhaps $16,000 would be appropriate. Council Member Horvath indicated that $15,000 was too high, as the museum is not that big, and consultants could be hired to set it up. Mr. Radecki indicated that they had explored that idea. He said that a consultant grant was received and the consultant indicated a director should be hired to set up the museum. Council Member Horvath indicated that once the displays were set up we would be pay- ing a lot of money for a caretaker. Mr. Radecki indicated that displays have a four to five year life and they would be upgrading the displays and programs continually, therefore, a professional staff was needed. Council Member Dombrowski indicated that he thought the $15,000 was more than enough. A roll call vote was taken on the motion and it failed on a vote of four ayes (Council Members Kopczynski, Adams, Dombrowski, and Horvath) and five nays (Council Members Serge, Szymkow: Miller, Taylor and Parent).. Council Member Taylor made a motion to amend the ordinance by reducii the manager's salary to $16,000, seconded by Council Member Adams. The motion carried on a roll call vote of eight ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski and Parent) and one nay (Council Member Horvath). Council President Parent made a motion to amend account 260.0, other contractuals, from $5,000 to $4,000, seconded by Council Member Dombrowski. Council Member Miller indicated he would like Mr. Radecki to explain what the $5,000 was going to be used for. Mr. Radecki indicated this was for working drawings of the dis- plays. Council Member Adams asked if this was for a local design firm. Mr. Radecki indicated there was only one firm in the City and they were not interested. Council Member Adams asked if this was going to seriously hamper these designs if they appropriated $4,000 instead of $5,000. Mr. Radecki indicated it would hamper them considerably. The motion carried on a roll call vote of six ayes (Council Members Serge, Taylor, Kopczynski, Dombrowski, Horvath and Parent) and three nays (Council Members Szymkowiak, Miller and Adams). Council Member Parent made a motion to recoi mend this ordinance to the Council favorable, as amended, seconded by Council Member Dombrowski. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $42,975.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR THE RIVER BEND PLAZA, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE DEPARTMENT OF PUBLIC WORKS. This being the time heretofore set for public hearing on the above ordinance, proponents and op- ponents were given an opportunity to be heard. Mr. James Seitz, Superintendent of Public Parks made the presentation for the ordinance. He indicated this was the proposed 1977 maintenance bud- get to conform with accounting procedures prescribed by the State Board of Accounts. He indicate( electric current in 1977 is $17,000, down $6,250 from the 1976 budget. He said the overall 1977 Plaza budget proposal is $8,115 lower than the 1976 budget. He indicated that labor for the Plazi is paid from CETA funds, except the Park Department provides a foreman to supervise. Mr. Gene Evans, Executive Secretary of the Civic Planning Association questioned the postage account, sinc( he was not aware they were doing any mailing. Mr. Ronald Bock, Director of River Bend Plaza, indicated they contacted fraternal and civic organizations through mailings, in order to get vol- unteers. Council Member Adams asked how many employees they have on the Plaza. Mr. Seitz in dicated they have eight CETA employees. Council Member Adams asked if they had uniforms. Mr. Seitz indicated that at present they do not have, but they will have them this year. Council President Parent made a motion to recommend this ordinance favorably to the Council, seconded by Council Member Dombrowski. Council Member Kopczynski asked about the upkeep on the mall. Mr. Seitz indicated he thought it was being maintained properly, and they had not received any com- plaints. The motion 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. ATTEST: _ATTEST: City Clerk ,Council President Parent made a motion to adjourn, seconded by Council Member Dombrowski. The motion carried, with Council Member Adams opposing. The meeting was adjourned at 9:10 p.m., and reconvened at 9:25 p.m. REGULAR MEETING RECONVENED Be it remembered that the regular meeting of the Common Council of the City of South Bend reconvei in the Council Chambers at 8:25 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 report that it has inspected the minutes of the December 13,1976 meeting of the Council and found them corrrect. The sub - committee, therefore, recommends that the same be approved. /s/ Roger 0. Parent /s/ Mary Christine Adams Council Member Horvath made a motion that the minutes of the December 13, 1976, meeting be accept as read and placed on file, seconded by Council Member Adams. The motion carried. k REGULAR MEETING JANUARY 4, 1977 REGULAR MEETING RECONVENED (CONTINUED) REPORT FROM THE COMMITTEE OF THE WHOLE Council Member Adams made a motion to waive the reading of the report of the Committee of the Whole, seconded by Council Member Dombrowski. The motion carried by a roll call vote of nine ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Yopczynski, Adams, Dombrowski, Horvath and Parent). PETITIONS TO AMEND ZONING ORDINANCE I, the undersigned, do hereby respectfully make application and petition the South Bend Common Council to amend the Zoning Ordinance of the City of South Bend as hereinafter requested, and in support of this application, the following facts are shown: 1. The property sought to be rezoned is located at - 912 Lawrence; 100 block North Shore Dr., 315 Corby. 2. The property is owned by - n/a 3. A legal description of the property is as follows: A parcel of land in the Northeast 2 of Section 1, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana, more particularly described as follows: Lot 8 of Hickey's Subdivision located on the east side of Lawrence Street, approximately 132 feet north of Corby Street. A parcel of land in the northwest 4 of Section 1, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana, more particularly described as follows: Lot 18 and 19 and the East 26 feet of Lot 17 of Studebaker Leeper Avenue Addition located at the Southwest corner of the intersection of North Shore Drive and the Michigan Central Railroad. A parcel of land in the Northwest 4 of Section 1, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana, more particularly described as follows: Lots 7 and 8 of Stanfield and Foster Addition located on the Northwest corner of Corby Street and Stanfield Street. 4. It is desired and requested that the foregoing property be rezoned From B Residential Use and A Height and Area To A Residential Use and A Height and Area 5. It is proposed that the property will be put to the following use and the following building will be constructed - N/A 6. Number of off - street parking spaces to be provided. N/A 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 coprorations owning property within 300 feet of the property sought to be rezoned; and (c) site development plan. Area Plan Commission Petition Prepared By /s/ Roger O. Parent 917 Whitehall Dr. South Bend City Councilman, 4th District I, the undersigned, do hereby respectfully make application and petition the South Bend Common Council to amend the Zoning Ordinance of 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: 1322 Lincoln Way East, South Bend, IN 2. The property is owned by: Dr. THomas P. Elliott 3. A legal description of the property is as follows: A part of Lot 4 as shown on the plat of Leer's First Sub and of Leer's Survey of Partition Lot 1 as recorded in plat book 4 at page 57 and plat book 5 page 11 of the records of St. Joseph County, Ind., and now within and a part of the city of South Bend, described as beginning at a point on the S'ly line of Vistaul Ave. (Now L.W. E) at a point on said line 75.8 feet (measured along said S'ly line of L.W.E.) from the W. line of said lot #4 running thence S.E'ly along said S'ly line of L.W.E. a distance of 46.8 feet to the E. line of said lot #4 thence S'ly along said E. line of the SE corner of said lot, thence N.W.'ly along the S'ly line of said lot #4 to a point S. of the place of beginning from which a line running N. 220 E. will strike said place of beginning, thence N. 22o E. parallel with the W. line of said Lot #4 and the E. line of a tract of land deeded to Harmon Topper by a deed recorded in deed record 159 at page 300 to the place of beginning, in St. Joseph County, Indiana, except alley off of S. side. Im JANUARY 4, 1977 MEETING REGULAR REGULAR MEETING RECONVENED (CONTINUED) 4. It is desired and requested that the foregoing property be rezoned From B Use and Height and Area District To C1 Use and 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 Hair Design Studio 6. Number of off - street parking spaces to be provided. 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) site development plan /s/ Evert L. Riley 2405 Woodmont Dr. Evert L. Riley Petition Prepared By Council President Parent indicated the petitions would be handled along with the ordinances when they received first reading. ORDINANCES, SECOND READING ORDINANCE NO. 6095 -77 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 DEPARTMENT OF LAW. This ordinance had second reading. Council Member Serge made a motion to pass the 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. 6096 -77 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. This ordinance had second reading. Council Member Serge made a motion to amend the ordinance as amended in the Committee of the Whole, seconded by Council Member Szymkowiak. The motion carried. Council Member Serge 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 MembE Serge, Szymkowiak, Miller, Taylor Kopczynski, Adams, Dombrowski, Horvath and Parent). ORDINANCE NO. 6097 -77 AN ORDINANCE APPROPRIATING $200,000.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR CIVIC CENTER EQUIP- MENT, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE DEPARTMENT OF PUBLIC WORKS. 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 MembE Dombrowski. The ordinance passed by a roll call vote of eight ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, and Parent) and one nay (Council Member Horvath) . ORDINANCE NO. 6098 -77 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 DEPARTMENT OF HUMAN RESOURCES. This ordinance had second reading. Council Member Taylor made a motion to pass the ordinance, seconded by Council Member Serge. 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. 6099 -77 AN ORDINANCE APPROPRIATING $5,850.00 FROM THE LOCAL ROADS AND STREETS FUND AND $650.00 FROM THE CUMULA- TIVE CAPITAL IMPROVEMENT FUND TO PROJECT R & S 89- 1976, COLFAX AVENUE BRIDGE. s This ordinance had second reading. Council Member Taylor made a motion to pass the ordinance, seconded by Council Member Adams. The ordinance passed by a roll call vote of nine ayes (Counc 1 Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent). REGULAR MEETING JANUARY 4, 1977 REGULAR MEETING RECONVENED (CONTINUED ORDINANCE NO. 6100 -77 AN ORDINANCE APPROPRIATING $100,000.00 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND FOR VARIOUS PUBLIC WORKS PROGRAMS TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC WORKS. �l This ordinance had second reading. Council Member Taylor made a motion to pass the 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. 6101 -77 AN ORDINANCE APPROPRIATING $22,500.00 FROM THE LOCAL ROADS AND STREETS FUND AND $2,500.00 FROM THE CUMULA- TIVE CAPITAL IMPROVEMENT FUND TO PROJECT R &S 90 -1977, CRESTWOOD AND EDISON SIGNALIZATION. This ordinance had second reading. Council Member Taylor made a motion to pass the ordinance, seconded by Council Member Dombrowski. The ordinance passed by a roll call vote of nine ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent) . ORDINANCE NO. 6102 -77 AN ORDINANCE APPROPRIATING THE SUM OF $35,000.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND FOR PROJECT CS10 -1977, NORTHEAST STORM SEWER DEVELOPMENT, PHASE II. This ordinance had second reading. Council Member Taylor made a motion to pass the ordinance, seconded by Council Member Dombrowski. The ordinance passed by a roll call vote of nine ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent) . ORDINANCE NO. 6103 -77 AN ORDINANCE APPROPRIATING $8,378.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS LAW ENFORCEMENT PROGRAMS, TO BE AD- MINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPART- MENT OF LAW. This ordinance had second reading. Council Member Szymkowiak made a motion to pass the ordinance seconded by Council Member Adams. The ordinance passed by a roll call vote of nine ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent). ORDINANCE NO. 6104 -77 AN ORDINANCE APPROPRIATING $39,017.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR ESTABLISHING THE DISCOVERY HALL PORTION OF CENTURY CENTER, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE DEPARTMENT OF ADMINISTRATION AND FINANCE. This ordinance had second reading. Council Member Adams 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 Adams made a motion to pass the ordinance, as amended, seconded by Council Member Dombrowski. The ordinance passed by a roll call vote of eight ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, and Parent) and one nay (Council Membe Horvath). ORDINANCE NO. 6105 -77 AN ORDINANCE APPROPRIATING $42,975.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR THE RIVER BEND PLAZA, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE DEPARTMENT OF PUBLIC WORKS. This ordinance had second reading. Council Member Dombrowski made a motion to pass the ordinance 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). 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). (LOT 8 HICKEY'S SUBDIVISION: LOTS 18 and 19 AND THE EAST 26 FEET OF LOT 17 OF STUDEBAKER LEEPER AVENUE ADDITION). This ordinance had first reading. Council Member Taylor made a motion to set this ordinance for public hearing and second reading January 24, 1977, and refer it to Area Plan, seconded by Counci 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). (1322 LINCOLNWAY EAST). This ordinance had first reading. Council Member Taylor made a motion to refer this ordinance to Area Plan, seconded by Council Member Dombrowski. The motion carried. REGULAR MEETING JANUARY 4, 1977 REGULAR MEETING RECONVENED (CONTINUED) ORDINANCE AN ORDINANCE APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE AND INDUSTRIAL - DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO COLE ASSOCIATES, INC. This ordinance had first reading. Council Member Taylor made a motion to set this ordinance for public hearing and second reading January 24, 1977, seconded by Council Member Dombrowski. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $15,155.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS HUMAN RESOURCES PROGRAMS, TO BE AD- MINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF HUMAN RESOURCES. This ordinance had first reading. Council Member Taylor made a motion to set this ordinance for public hearing and second reading January 24, 1977, seconded by Council Member Dombrowski. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $30,000.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING FOR VARIOUS ADMINISTRATIVE PROGRAMS TO BE AD- MINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPART - MENT OF HUMAN RESOURCES. This ordinance had first reading. Council Member Taylor made a motion to set this ordinance for public hearing and second reading January 24, 1977, seconded by Council Member Dombrowski. Coun Member Adams asked that this matter be continued until the first meeting in February, because of the money being spent from Revenue Sharing, as she would like a report from the controller befor the Council starts appropriating money to outside agencies. The consensus of opinion of the Council was that a commitment had been made to the YWCA. The motion carried, with Council Membe Kopczynski and Adams opposing. ORDINANCE AN ORDINANCE APPROPRIATING MONEYS FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF EM- PLOYMENT AND TRAINING FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1977 AND ENDING DECEMBER 31, 1977, IN- CLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This ordinance had first reading. Council Member Taylor made a motion to set this ordinance for public hearing and second reading January 24, 1977, and refer it to the Administration and Finance Committee for a report, seconded by Council Member Dombrowski. The motion carried. PRIVILEGE OF THE FLOOR Council Member Miller asked that Mr. Frederick Ettl's letter regarding the North Shore Drive rezoning be entered in the minutes under the Privilege of the Floor. January 4, 1977 The Honorable Irene Gammon City Clerk City of South Bend, Indiana County -City Building South Bend IN 46601 Re: Item 7, Petition to Amend Zoning Ordinance, Subparagraph A, Lot 8 of Hickey Subdivision; Lots -18. and 19 and the East 26 feet of Lot 17 of Studebaker's Leeper Avenue Addition and Item 9 Ordinances, lst reading Sub - paragraph A an Ordinance amending 44990 -68, commonly known as Ordinance of the City of South Bend (Lot 3 of Hickey Subdivision, Lots 18 and 19 and the East 26 feet of Lot 17 of Studebaker's Leeper Avenue Addition). Agenda, South Bend Common Council, January 4, 1977 Dear Ms. Gammon: This is to advise that I represent B. M. Saucelo, M.D., who is an interest holder in Lots #18, 19 and the East 26 feet of Lot #17 of Studebaker's Leeper Avenue Addition to the City of South Bend. Doctor Saucelo's interest is derived of a land contract by and between he and Andrew A. Toth, the title holder of record of the aforementioned parcels of real estate, which said land contract was made and entered into on the 9th day of September, 1976. It has come to my attention that a Petition to amend zoning ordinance involving Doctor Saucelo's property and a first reading of such ordinance are scheduled as part of the agenda for tonight's South Bend Common Council meeting and appear on such agenda as per the above reference. In view of the filing of such ordinance, I feel compelled on behalf of my client, Doctor Saucelo, to request that you include in the record of the proceedings tonight and all other proceedings having to do with the parcel of real estate in question and the proposed rezoning, the following, to -wit: 1 t FAI REGULAR MEETING JANUARY 4, 1977 REGULAR MEETING RECONVENED (CONTINUED) 1. As the equitable owner of the parcel of real estate proposed for rezoning, Doctor Saucelo is vehemently opposed to any effort to seek rezoning of Lots #18, 19 and the East 26 feet of Lot #17 of Studebaker's Leeper Avenue Addition to the City of South Bend from a "B" resident district use to an "A" resident district use and will be compelled in the future to continue to oppose such rezoning effort. 2. Doctor Saucelo reviewed the zoning of the pracels.of real estate in question antecedent to purchasing the property on September 9, 1976. 3. Prior to purchasing the property, Doctor Saucelo ascertained that the property in question was zoned "B" resident district use and that it has been so zoned since September 9, 1946, pursuant to Ordinance #3572. 4. That Doctor Saucelo feels that any efforts to rezone the property to "A" resident district use at this time constitute3a substantial violation of his constitutional rights. 5. That Doctor Saucelo further feels that any efforts to rezone the property is tantamount to deprivation of property without just compensation; and further, that any effort to rezone the property will directly and proximately cause Doctor Saucelo to be monetarily damaged in a substantial sum . 6. That Donator Saucelo had previously contracted to vend the property to another interested party, South Bend Heart Surgery, Inc., and that the filing of the above referenced Petition and Ordinance caused South Bend Heart Surgery, Inc. to rescind its contract and abandon its efforts to establish a proposed medical office on my client's property. 7. That should the efforts to rezone the property continue, Doctor Saucelo will be compelled to seek compensation from the.CIty of South Bend in a reverse con- demnation action or other judicial remedy`. It is my desire to express on behalf of my client, his opposition to the proposed Ordinance and Petition and in part to express to you the reasons for his opposition. Again, please include this letter in all records pertaining to the above referenced items on your agenda for this evening. Respectfully, /s/ Frederick B. Ettl FBE:af cc: The Honorable Roger Parent Msa Rathy Cekanski NEW BUSINESS Council President Parent announced that all nine Council Members had signed the request for a Special Meeting, January 17, 1977, at 7:00 p.m. PUBLIC HEARING FOR ORDINANCE NO. 6103 -77 AN ORDINANCE APPROPRIATING $8,378.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS LAW ENFORCEMENT PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT 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. Thomas Brunner, City Attorney, made the pre- sentation for the ordinance. He said the deputy city attorney provided by this source of funds has worked in the areas of public safety and housing code enforcement. He said it was his view this position has contributed invaluably to the enforcement efforts. Council Member Adams com- mended the Board of Safety and the City attorney's office for their handling of deteriorated homes. She made a motion to recommend this ordinance to the Council favorable, seconded by Counci] Member Szymkowiak. The motion carried. There being no further business to come before the Council, unfinished or new, Council Member Taylor made a motion to adjourn, seconded by Council Member Dombrowski. The motion carried and the meeting was adjourned at 9:45 p.m. ATTEST: y Clerk ATTEST: Pres