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HomeMy WebLinkAbout02-14-77 Council Meeting Minutes- 7-.. REGULAR MEETING FEBRUARY 14, 1977 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, February 14, 1977, at 7:00 p.m., Council President Roger O. Parent, presiding. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL PRESENT: Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent ABSENT: None Council Member Adams made a motion to resolve into the Committee of the Whole, seconded by Counci: Member Taylor. 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, February 14, 1977, at 7:04 p.m., with nine members present. Chairman Frank Horvath presiding. REGULAR MEETING FEBRUARY 14t 1977 COMMITTEE OF THE WHOLE MEETING (CONTINUED) ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (912 LAWRENCE; 100 BLOCK NORTH SHORE DR.; VACANT LOT KNOWN AS 315 CORBY). Council President Parent indicated that this ordinance had not received a recommendation from Area Plan. He made a motion to delay public hearing until a determination is reached by Area Plan, seconded by Council Member Dombrowski. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $16,000 FROM THE COMMUNITY DEVELOPMENT FUND FOR RESEARCH AD- MINISTRATION, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS URBAN OBSERVATORY PROGRAM. 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. Todd Areson, Director of Urban Observatory, made the presentation for the ordinance. He said this represented the City's share of the cash match required for the third -year program. He said the full $16,000 would be applied toward pro- gram administration. He indicated they presently had five research programs. Council Member Kopczynski asked Mr. Areson which part of their work was used by the City and to what advantage. Mr. Areson indicated they had four projects used by the City last year, one on annexation, neigh- borhood preservation, substandard housing and an attitude survey on downtown development. Counci Member Kopczynski made a motion that this ordinance be recommended to the Council favorable, seconded by Council Member Taylor. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $208,855 FROM THE COMMUNITY DEVELOPMENT FUND FOR RESEARCH AD- MINISTRATION, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS BUREAU OF HOUSING. 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. Keith Crighton, Director of the Bureau of Housing, made the presentation for the ordinance. He said three hundred cities applied for this innovative grant program and only eighteen were approved, of which South Bend was one. He said they were now requesting the $208,855 be appropriated into the categories of $150,000 for con- tractual services and $58,855 for administration. He said the project was intended to provide eligible homeowners, landlords and small businessmen owning property in the approved target areas with cash rebates based on a percentage of repairs and improvements made to the property during the program year. The percentage varies from twenty to forty percent depending upon the type of ownership, family size and income. He said the program is intended to act in conjunction with existing housing programs in the preservation of housing stock in the City. He said this project was intended for the northwest and southeast target areas. Mrs. Karen Gleason, Director of Civic Planning, indicated the program called for only one inspector and she wondered if they had any idea how many cases this inspector would be handling. Mr. Crighton indicated he had no idea at this time. Mrs. Gleason indicated she was concerned they were understaffed. Council Member Kopczynski asked how and by whom were the target areas determined. Mr. Crighton indicated the Bureau of Planning determined the target areas, in accordance with the guidelines of the Depart- ment of Community Development. He said they have to be in areas that are low to moderate income. Mr. Jon Hunt, Assistant Director of Human Resources, indicated they had submitted a letter to HUD requesting a review of existing boundaries and requesting a change. He said as of this date he had not received an answer. Council Member Kopczynski asked if a determination had been made as to the amount of money for each structure. Mr. Hunt indicated they had established a range of cost based on unit size. Council Member Serge questioned if the inspection would be made prio to repair and after repair. Mr. Crighton said they would be made before, during and after repair Council Member Adams asked if people would receive grants under other Community Development pro- grams could participate in this grant. Mr. Crighton indicated they were not allowed to give any double grants in any of their programs. Council Member Adams asked what would happen if the pro- gram lasted over a year. Mr. Hunt indicated they really did not know. He said they could run this program until June 30, 1978. Council Member Adams asked if they could use CETA employees to have more money for contractual services to rehab homes. Mr. Hunt indicated this might be possible if they could find qualified applicants. Council Member Adams asked if they would look into this. Mr. Hunt indicated they would check it out. Council Member Parent asked how many units would be rehabilitated under this program. Mr. Crighton indicated they had no idea at this time. Council President Parent indicated he did not think there would be enough work in this program for a director, advisor, inspector and secretary. Mr. Crighton indicated this would be an on -going program and there would be many reinspections and reports that would have to be sub- mitted. Council President Parent indicated that it was difficult to accept that the program would need all this personnel. Council Member Kopczynski asked if they had set a goal for this project to judge its success. Mr. Hunt indicated that for every $1 of Federal money they hope to generate $2 to $3 of private sector money. Council ' Member Kopczynski asked if they would keep the Council appraised of the progress of the project. Mr. Hunt said he would suggest once the program was under way the director will have to send reports to HUD, and a copy of those reports could be sent to the Council. Council Member Miller asked if there was any provision for funding this program in the second year. Mr. Hunt said no provision from HUD. Council Member Adams said that when the release is made to the people, all stipulations should be made in regard to who will be eligible. Council Member Adams asked if people who are receiving Housing Allowance could appl for this grant. Mr. Crighton indicated they could. Council Member Adams said that we would be overlapping with Housing Allowance. Mr. Crighton said they do not overlap, they key -in to each other. Council Member Taylor made a motion that this ordinance be recommended to the Council favorable, seconded by Council Member Serge. The motion carried. ORDINANCE AN ORDINANCE TO AMEND SECTION 15 -16 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED. This being the time heretofore set for public hearing on the above ordinance, proponents and op- ponents were given an opportunity to be heard. Mr. Kevin Butler, attorney at law, made the pre- sentation for the ordinance. He introduced Mr. Ray Sharp and Carl Smith from the South Bend Cab Co., Inc. He said the drivers of both Courtesy Cab and South Bend Cab were in favor of this increase. He said the taxicab industry is the only transportation industry in the country that does not receive Federal funds. He said the rates in South Bend were low in comparison to the REGULAR MEETING FEBRUARY 14, 1977 COMMITTEE OF THE WHOLE MEETING (CONTINUED) rates throughout the country. He indicated this ordinance would increase the mileage rates seventy -five cents for the first one -fifth (1/5) of a mile or fraction thereof; thereafter ten cents (10�) for each additional one -sixth (1/6) of a mile or fraction thereof. He said that between the hours of seven o'clock p.m. and five o'clock a.m. the operators may charge fifty cents (50�) per trip in addition to the rates of fare provided. Council Member Szymkowiak asked what percentage of passengers were senior citizens and the handicapped. Mr. Butler said he did not know but the percentage was high. Council Member Szymkowiak indicated there should be re- duced rates for senior citizens and the handicapped. Mr. Butler said that the members of the cab companies would be willing to discuss this situation with him. Council Member Parent indicated that the surcharge of fifty cents was high in comparison to the average cost of one trip. He asked what percentage of the increase would go to the driver. Mr. Butler indicated fifty percent would go to the driver. He said it was costly to operate cab service at night. Council Presiden Parent asked if they serviced senior citizens at night. Mr. Butler indicated it was mostly hotels and restaurants that were serviced. Council Member Serge made a motion to recommend this ordinance to the Council favorable, seconded by Council President Parent. The motion carried. ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, AND BADGER METER, INC., MILWAUKEE, WISCONSIN, FOR THE PURCHASE OF 6, 000 5/8- INCH WATER METERS IN THE AMOUNT OF $187,260.00. This being the time heretofore set for public hearing on the above ordinance, proponents and op- ponents were given an opportunity to be heard. Mr. John Stancati, Director of Utilities, made t presentation for the ordinance. He indicated these meters had the outside reader. He said the $187,260 was a very good price. Council Member Adams made a motion to recommend this ordinance to the Council favorable, seconded by Council Member Taylor. The motion carried. ORDINANCE AN ORDINANCE REVISING THE GOVERNING RULES AND REGULATIONS OF THE LEGISLATIVE BRANCH OF THE CITY OF SOUTH BEND,.INDIANA, AND ESTABLISHING CERTAIN STANDARDS OF CONDUCT ON THE PART OF MEMBERS OF THE COMMON COUNCIL, AND CREATING A RULES COMMITTEE FOR THE ENFORCEMENT OF THE STANDARDS CREATED. This being the time heretofore set for public hearing on the above ordinance, proponents and op- ponents were given an opportunity to be heard. Council President Roger 0. Parent, made the presentation for the ordinance. He indicated this ordinance had been in the making for almost a year, and the Council attorney had done the bulk of the work. He said they had attempted to restate in many instances what was incorporated in State law, but never incorporated in the City ordinance. He indicated some specific points that have been covered were, conflict of interest; abstension; position of parl-iamntarian was established; as well as sergeant at arms; the manner in which bills are to be submitted; and the format for the agenda will be changed; some standing committees have been deleted and we have added a few other committees, such as, the rules com- mittee, as well as a residential neighborhood committee. He said citizens will be allowed to serve on these committees. He said he thought this was going to help the Council in its operatio Miss Kathleen Cekanski, Council attorney, proposed the following amendments: Section 2 -7(d) page 5, line 3, delete "notes" and substitute "votes "; Section 2 -8 (w) page 11, delete in its entirety and substitute, (w) Every bill shall be read two (2) times with each having its own public hear- ing and vote as to its passage. No bill shall be read the second time at the same meeting it is introduced unless by unanimous roll call vote of all councilmen= present. Additionally there must be at least two- thirds of the entire Council present to carry such a motion.; Section 2 -8(dd page 11, line 3, add the following immediately after the word "adoption ", following its public hearing; Section 2- 10A(c), page 14, line 3, delete "there" through "party ", and substitute "there shall be a reflection of the political composition of the Council "; Section 207A (a), page 6, lin 3, delete "of the rank of sergeant or higher "; Section 2 -10 (c), page 12, delete in its entirety, substitute (c) Citizen members shall be appointed by the majority of the Common Council. In makin such appointments, the Council shall assure that the citizen members are broadly representative o the South Bend Community. Council Member Taylor made a motion to amend the ordinance as proposed by Miss Cekanski, seconded by Council Member Serge. The motion carried, with Council Member Kopczynski opposing. Ms. Cekanski thanked the AAUW for their help in formulating this ordinance.! Council President Parent indicated he had mailed out approximately thirty copies of the original proposed ordinance to individuals and organizations and he had received some comments and sug- gestions back. Council Member Kopczynski indicated he would like to speak against the ordinance. He said certain sections were good and other sections could be used as a "witch hunt ". He said certain sections could be used to inhibit people speaking before the Council. He said he felt the Council should not vote in favor of this ordinance. Council President Parent indicated that what- ever could be done to any citizen or Council Member in terms of not allowing them to have full freedom to speak, could be done right now without this proposed ordinance. He said the difficulty is that now the person has no recourse if he feels he has been treated unfair. Council Member Kopczynski indica t ed that the rules committee had three members. Council President Parent indicated there was a minimum of three on the committee. Council Member Taylor made a motion to recommend this ordinance to the Council favorable, as amended, seconded by Council Member Serge. The motion'carried on a roll call vote of seven ayes (Council Members Serge, Szymkowiak, Taylor, Adams, Dombrowski, Horvath and Parent) and two nays (Council Members Miller and Kopczynski). Council President Parent made a motion to rise and report to the Council, and have a short recess seconded by Council Member Dombrowski. The motion carried and the meeting was recessed at 8:37 p.m. ATTEST City Clerk ATTEST: Chairman REGULAR MEETING FEBRUARY 141 1977 REGULAR MEETING RECONVENED Be it remembered that the regular meeting of the Common Council of the City of South Bend reconvei ed in the Council Chambers at 8:55 p.m., Council President Parent presiding and nine members pre- sent. 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 January 24, 1977 meeting of the)Council and found them correct. The sub - committee, therefore, recommends that the same be approved. /s/ Roger 0. Parent /s/ Mary Chris Adams Council Member Serge made a motion that the minutes of the January 24, 1977, meeting be accepted as read and placed on file, seconded by Council Member Taylor. The motion carried. REPORT FROM THE COMMITTEE OF THE WHOLE Council Member Taylor made a motion to waive the reading of the report of the Committee of the Whole, seconded by Council Member Adams. 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 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 Endodontic Services, Inc., to zone from "A" Residential, "A" Height and Area, to "B" Residential "A" Height and Area, property located on the southeast corner of Chippewa and Michigan Streets, City of South Bend Gentlemen: The attached rezoning petition of Endodontic Services, Inc., was legally advertised January 22, 1977. The Area Plan Commission gave it a public hearing on February 1, 1977, at which time the following action was taken: "Upon a motion by Joseph Serge, being seconded by William Limerick and unanimously carried, the petition, as amended of Endondontic Services, Inc., to zone from "A" Residential, "A" Height and Area, to "B" Resi- dential, "A" Height and Area, property located on the southeast corner of Chippewa and Michigan Streets, City of South Bend, is returned to the Common Council with a favorable recommendation, subject to the final site plan which will incorporate the suggestions of the Depart- ment of Public Works." The above recommendation is made subject to a final site plan and the preliminary site plan is attached hereto. 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 Richard S. Johnson Executive Director RSJ /bsj Attach. cc: Richard W. Morgan, Attorney The Honorable Common Council February 3, 1977 City of South Bend County -City Building South Bend, IN 46601 In Re: A proposed ordinance and site development plan of Robert and Florence Hostetler, Melvin and Betty Sandock, and Sam and Ruby Sandock, to zone from "A" Residential, "A" Height and Area, to "C" Commercial, "A" Height and Area, property located at 4126, 4132 and 4136 South Main Street, City of South Bend REGULAR MEETING FEBRUARY 14, 1977 REGULAR MEETING RECONVENED (CONTINUED) Gentlemen: The attached rezoning petition of Robert and Florence Hostetler, Melvin and Betty Sandock and Sam and Ruby Sandock was legally advertised January 22, 1977. The Area Plan Commission gave it a public hearing on February 1, 1977, at which time the following action was taken: "Upon a motion by Russell Rothermel, being seconded.by Joseph Serge and carried, the petition of Robert and Florence Hostetler, Melvin and Betty Sandock, and Sam and Ruby Sandock, to zone from "A" Residential, "A" Height and Area, to "C" Commercial, "A" Height and Area, property located at 4126, 4132, and 4136 South Main Street, City of South Bend, is withdrawn at the request of the petitioner." We will keep you informed of any further action in this regard. Very truly yours, Richard S. Johnson Executive Director RS: /bsj cc: Alexis T. Cholis, lawyer The Honorable Common Council City of South Bend County -City Building South Bend, IN 46601 February 3, 1977 In Re: A proposed ordinance initiated by Roger O. Parent, a City Councilman, to zone from "B" Residential, "A" Height and Area, to "A" Residential, "A" Height and Area, property located: 1) on the east side of Lawrence Street, immediately south of the east /west alley between Howard and Corby Streets; 2) on the south side of North Shore Drive, immediately west of the New York Central Railroad; and 3) on the northwest corner of Corby and Stanfield, City of South Bend. Gentlemen: The attached rezoning petition initiated by Roger O. Parent, a City Councilman, was legally advertised January 22, 1977. The Area Plan Commission gave it a public hearing on February 1, 1977, at which time the following action was taken: "Upon a motion by Joseph Serge, being seconded by Michael Miles and carried with Thomas Allen voting "Nay ", the petition initiated by Roger O. Parent, a City Councilman, to zone from "B" Residential, "A" Height and Area, to "A" Residential, "A" Height and Area, property located: 1) on the east side of Lawrence Street, immediately south of the east /west alley between Howard and Corby Streets; 2) on the south side of North Shore Drive, immediately west of the New York Central Railroad; and 3) on the northwest corner of Corby and Stanfield, City of South Bend is tabled by the Area Plan Commission, as a motion to recommend both favorably and unfavorably failed to pass. We will keep you informed of any further action in this regard. RSJ /bsj cc: Roger O. Parent The Honorable Common Council City of South Bend County -City Building South Bend, IN 46601 Very truly yours, /s /Richard S. Johnson Isl Richard S. Johnson Executive Director February 3, 1977 In Re: A proposed ordinance and site development plan of T. Brooks Brademas, for Brooksfield Farm, Section "B ", to zone from "A" Residential, "A" Height and Area, to 11C -1" Commercial, "A" Height and Area, property located at the north- east corner of Fillmore Road and Clemens Street, City of South Bend. Gentlemen: The attached rezoning petition of T. Brooks Brademas was legally advertised January 22, 1977. The Area Plan Commission gave it a public hearing on February 1, 1977 at which time the following action was taken: "Upon a motion by Thomas Allen, being seconded by Garrett Mullins and unanimously carried, the petition of T. Brooks Brademas, for Brooks - field Farm, Sections "A" and "B ", to zone from "A" Height and Area, to "B" Residential, "A" Height and Area,; and from "A" Residential, "A" Height and Area, to "C -1" Commercial, "A" Height and Area, res- pectively, property located at the northeast corner of Fillmore Road and Clemens Street, City of South Bend is returned to the Common Council with a favorable recommendation, subject to a final site plan, which will incorporate the suggestions of the Department of Public Works. REGULAR MEETING FEBRUARY 14, 1977 REGULAR MEETING RECONVENED (CONTINUED) The above recommendation is made subject to a final site plan and the preliminary site plan is attached hereto. 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 Richard S. Johnson Executive Director RSJ /bsj Attach. cc: T. Brooks Brademas The Honorable Common Council February 3, 1977 City of South Bend County -City Building South Bend, IN 46601 In Re: A proposed ordinance and site development plan of T. Brooks Brademas, for Brooksfield Farm, Section "A" to zone from "A" Residential, "A" Height and Area, property located at the northeast corner of Fillmore Road and Clemens Street, City of South Bend. Gentlemen: The attached rezoning petition of T. Brooks Brademas was legally advertised January 22, 1977. The Area Plan Commission gave it a public hearing on February 1, 1977, at which time the following action was taken: "Upon a motion of Thomas Allen, being seconded by Garrett Mullins and unanimously carried, the petition of T. Brooks Brademas, for Brooks - field Farm, Sections "A" and "B ", to zone from "A" Residential, "A" Height and Area, to "B" Residential, "A" Height and Area,; and from "A" Residential, "A" Height and Area, to "C -1" Commercial, "A" Height and Area, respectively, property located at the northeast corner of Fillmore Road and Clemens Street, City of South Bend is returned to the Common Council with a favorable recommendation, subject to a final site plan, which will incorporate the suggestions of the Department of Public Works." The above recommendation is made subject to a final site plan and the preliminary site plan is attached hereto. 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 Richard S. Johnson Executive Director RSJ /bsj Attach cc: T. Brooks Brademas The Honorable Common Council February 3,1977 City of South Bend County -City Building South Bend, IN 46601 In Re: A proposed ordinance initiated by the Area Plan Commission to zone from "C" Commercial, "A" Height and Area, to "C" Commercial, "G" Height and Area,. property located south of Jefferson, west of the St. Joseph River, north of Monroe Street, and east of Columbia Street, City of South Bend Gentlemen: The attached rezoning petition initiated by the Area Plan Commission was legally advertised January 22, 1977. The Area Plan Commission gave it a public hearing on February 1, 1977, at which time the following action was taken: REGULAR MEETING FEBRUARY 14, 1977_ REGULAR MEETING RECONVENED (CONTINUED "Upon a motion by Russell Rothermel, being seconded by Daniel Chrzan and unanimously carried, the petition initiated by the Area Plan Com- mission to zone from "C" Commercial, "A" Height and Area, to "C" Com- mercial "G" Height and Area, property located south of Jefferson, west of the St. Joseph River, north of Monroe Street, and east of Columbia Street, City of South Bend, is returned to the Common Council with a favorable recommendation, by the Area Plan Commission." 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 Richard S. Johnson Executive Director RSJ /bsj Attach. Council Member Taylor made a motion to set all applicable ordinances for public hearing and second reading February 28, 1977, seconded by Council Member Dombrowski. The motion carried. PETITIONS TO AMEND ZONING ORDINANCE AND ANNEXATION We the undersigned, do hereby respectfully make application and petition the Common Council of the City of South Bend, Indiana, to amend the Zoning Ordinance of the City of South Bend as hereinafter requested, and in support of this application, the following facts are shown: 1. The property sought to be rezoned is located at: 240 Rue DeVille, South Bend, IN. 2. The property is owned by: Ralph M. & Wanda L. Williams 3. A legal description of the property is as follows: A part of the Northeast quater of Section 8, Township 37 North, Range 3 East of the Second Prime meridian described as follows: Commencing at the intersection of the North line of Jefferson Boulevard and the West line of 33rd Street, thence North 000 16'50" West along the said West line of 33rd Street a distance of 411.10 feet to a point, thence West a distance of 144.44 feet for a point of beginning,ihence West a dis- tance of 288.85 feet to a point; thence North 14030100" east a distance of 65.58 feet to a point of curvature of a curve convex to the Northeast and having a radius of 160.53 feet and a central angle of 57010128 ", thence Northwesterly along said curve an arc distance of 160.19 feet to a point on said curve; thence North 50053149" east a distance of 78.43 feet to a point of curvature of a curve convex to the Northwest and having a radius of 93.35 feet and a central angle of 39006111 "; thence Northeasterly along said curve an arc distance of 63.71 feet to the point of tangency of said curve; thence East a distance of 190.08 feet to a point; thence South a distance of 282.87 feet to the point of beginning; containing plus or minus 1,786 acres in theCity of South Bend, St. Joseph County, Indiana (All bearings assumed). 4. It is desired and requested that the foregoing property be rezoned: From C 1 Use and B Height and Area District To C Use and B Height and Area District 5. It is proposed the property will be put to the following use and the following buildings will be constructed: `Nightclub 6. Number of off - street parking spaces to be provided: Ninety (90) 7. Attached is (a) an original ordinance and 25 copies; (b) an original petition and 20 copies; (c) a $10 filing fee; (d) an existing plot plan showing my property and other surrounding properties; (3) names and addresses of all the individuals, firms or corporations owning property within 300 feet of the property sought to be rezoned; and (f) 5 copies of a site development plan. Petition Prepared By: William E. Voor, Jr. Attorney at Law 300 First Bank Bldg. South Bend, IN /s /William E. Voor, Jr. Signature of Petitioner 240 Rue DeVille, South Bend, IN Address REGULAR MEETING FEBRUARY 14, 1977 REGULAR MEETING RECONVENED (CONTINUED) We the undersigned, do hereby respectfully make application and petition the South Bend Common Council to amend the zoning ordinance of the City of South Bend as hereinafter re- quested, and in support of this application the following facts are shown: 1. The property sought to be rezoned is located - south of Jefferson Boulevard, west of the St. Joseph River, north of Monroe Street, and east of Columbia Street. 2. The property is owned by: Department of Redevelopment - City of South Bend. 3. A legal description of the property is as follows: A parcel of land located in the West 2 of Section 12, Township 37 North, Range 2 East, City of South Bend, Indiana, Portage Township, more particularly described as follows: Beginning at the intersection of the Northeastern boundary of Columbia Street and the Eastern boundary of Western Avenue; thence Northeasterly along said Eastern boundary 114.31 feet along an arc to the left and having a radius of 424.47 feet and subtended by a long chord having a bearing of N. 7020114" E. and a length of 113.97 feet, thence N. 0022116" W. 284.57 feet along said Eastern boundary; thence N. 5026102" E. 117.19 feet along said Eastern boundary to the southern boundary of Jefferson Boulevard; thence continuing Northeasterly along said Southern boundary of Jefferson Boulevard, 275.51 feet along an arc to the right and having a radius of 275.81 feet and subtended by a long chord having a bearing of N. 53014'53" E. and a length of 264.20 feet; thence S. 19047'16" E. 156.66 feet; thence S. 25055132" E. 90.64 feet; thence S. 53010'13" E. 102.76 feet; thence S. 26046'29" E. 232.03 feet; thence S. 25039'11" E. 425.12 feet; thence S. 65042129" W. 10.00 feet; thence S. 4039138" E. 40.00 feet; thence 70006130" E. 50.00 feet; thence S. 38042121" E. 236.98 feet; thence S. 65047'18" E. 148.50 feet; thence S. 13009'59" W. 221.84 feet to the Northern boundary of Monroe Street; thence North- westerly along said Northern boundary 145.02 feet along an arc to the left and having a radius of 614.21 feet; thence S. 89038'42" W. 463.18 feet to the Eastern boundary of Columbia Street; thence N. 0030'18" W. 293.20 feet along said Eastern boundary; thence Northwesterly along said Eastern boundary 508.47 feet along an arc to the left and having a radius of 421.97 feet; thence N. 69032'51" W. 95.25 feet along said boundary of Columbia Street to the point of beginning and con- taining 14.36 acres, more or less. 4. It is desired and requested that the foregoing property be rezoned: From "C" Commercial use and "A" Height and Area District To "C" Commercial Use and "G" Height and Area District 5. It is proposed that the property will be put to the following use and the following build- ing will be constructed: Uses permitted by the Redevelopment Plan for downtown South Bend. 6. Number of off - street parking spaces to be provided: As provided and required by the South Bend, Indiana zoning ordinance. 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. AREA PLAN COMMISSION Petition Prepared By /s /Richard S. Johnson Executive Director, Area Plan Commiss Petition for Voluntary Annexation to and Bringing within the City Limits of South Bend, Indiana certain land The undersigned, being the fee simple title holders of more than fifty -one percent (510) of owners of land in the territory described in the exhibit attached hereto, made a part hereof and marked "Exhibit A ", which property is contiguous to the present city limits of the City of South Bend, Indiana, hereby respectfully petition the Common Council of the City of South Bend, Indiana to annex and bring within the city limits of said city the real estate described herein. /s/ Kenneth D. Gu /s/ H. Kathryn Guy /s/ Larry D. Guy /s/ H. Jane Guy /s/ A. Floyd Ermer /s/ Marilyn Ermer Council President Parent indicated these petitions would be handled along with the ordinances, when they had first reading. REGULAR MEETING FEBRUARY 14, 1977 REGULAR MEETING RECONVENED (CONTINUED ORDINANCES, SECOND READING ORDINANCE NO. 6110 -77 AN ORDINANCE APPROPRIATING $16,000 FROM THE COMMUNITY DEVELOPMENT FUND FOR RESEARCH ADMINISTRATION, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS URBAN OBSERVATORY PROGRAM. This ordinance had second reading. Council Member Taylor made a seconded by Council Member Dombrowski. The ordinance passed by (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Parent) . ORDINANCE NO. 6111 -77 motion to pass this ordinance, a roll call vote of nine ayes Adams, Dombrowski, Horvath and AN ORDINANCE APPROPRIATING $208,855 FROM THE COMMUNITY DEVELOPMENT FUND FOR THE INNOVATIVE GRANTS.PROGRAM, PRO- JECT REBATE, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS BUREAU OF HOUSING. 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. 6112 -77 AN ORDINANCE TO.AMEND.SECTION 15 -16 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED. 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. 6113 -77 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, AND BADGER METER, INC., MILWAUKEE, WISCONSIN, FOR THE PURCHASE OF 6,000 5/8 -INCH WATER METERS IN THE AMOUNT OF $187,260.00 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. 6114 -77 AN ORDINANCE REVISING THE GOVERNING RULES AND REGULATIONS OF THE LEGISLATIVE BRANCH OF THE CITY OF SOUTH BEND, INDIANA, AND ESTABLISHING CERTAIN STANDARDS OF CONDUCT ON THE PART OF MEMBERS OF THE COMMON COUNCIL, AND CREATING A RULES COMMITTEE FOR THE ENFORCEMENT OF THE STANDARDS CREATED. This ordinance had second reading. Council Member Taylor made a motion to amend the ordinance, as amended in the Commmittee of the Whole, seconded by Council Member Horvath. The motion car- ried, with Council Members Miller and Kopczynski opposing. Council Member Taylor made a motion to pass the ordinance as amended, seconded by Council Member Horvath. The ordinance passed by a roll call vote of seven ayes (Council Members Serge, Szymkowiak, Taylor, Adams, Dombrowski, Horvath and Parent) and two nays (Council Members Miller and Kopczynski). RESOLUTIONS RESOLUTION NO. 550 -77 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND. WHEREAS, negotiations have been conducted over an extended period of time between the Administration and Clay Utilities, Inc., culminating in a form of Lease for waterworks facilities and a form of Lease for sewage disposal facilities from CLAY UTILITIES, INC. which leases have been approved by the Utility; NOW, THEREFORE, BE IT RESOLVED, that the City Clerk cause a notice to be prepared in due legal form of the hearing on the proposed leases for waterworks facilities and sewage disposal facilities with CLAY UTILITIES, INC.; that the hearing be had at the regular meeting of this Council to be held on the 14th day of March, 1977, at the hour of 7:00 p.m. (E.S.T.); that a copy of the proposed leases be placed on public file in the office of the City Clerk starting tomorrow and remain available to the public until the time of the hearing. /s/ Roger O. Parent Member of the Common Council A public hearing was held at this time on the resolution. Mr. Robert Parker, Chief Deputy At- torney, indicated this resolution was necessary to set the public hearing for the lease agree- ments between Clay Water Works and the City. He said the reason for this resolution was that the statute requires a certain degree of formality. He said the resolution asks that the public hearing be set for March 14, 1977. He indicated there was a tight schedule to complete the purchase prior to June 1, 1977. Mrs. Karen Gleason, Director of Civic Planning, indicated she was surprised at the timetable. She asked why they would not be willing to sell on June 2. Mr. Parker indicated that this sale was being made under internal revenue laws and it must be completed within one year. Mr. Daniel Manion, attorney, indicated he was a representative of Clay Concerned Citizens. He questioned the necessity of the language in the resolution. Mr. Parker indicated they had attempted to follow- the language and the.requirements of the statutes. Council Member Horvath indicated that as he understood this to read, if the Council approved this resolution they were approving thenegotiations for the City and Clay Utilities, and if they passed this resolution they were agreeing with the Administration. REGULAR MEETING FEBRUARY 14, 1977 REGULAR MEETING RECONVENED (CONTINUED Mr. Parker indicated that all the Council was doing was setting this for public hearing on March 14, 1977. Mr. Manion indicated he felt this resolution was overbroad and did not require this type of detail. He said the purpose was to set up the notice for a public hearing and to go into the other detail was liable to put an implied contract and obligation on the Council. He said if they were trying to set up a notice to the general public only one or two paragraphs were needed. He said he did not think the purpose of the statute was for the Council to commit itself Mrs. Jane Swan, 2022 Swygart, asked when this matter was made known to the Council. Council President Parent indicated they were told there was some thought that the City would purchase Clay Utilities, on February 7. Mrs. Swan indicated she did not see that there is a need to pur- chase this utility, as indicated in the resolution. She said she thought this was a bad resolu- tion and was coming on too fast. Mayor Peter J. Nemeth said he thought this purchase was indicate to the Council last fall. He said that Mishawaka used the same resolutio4 and he would say that if the Council was at all interested in purchasing the utility they should pass this resolution. Mrs. Gleason asked if there was no middle road. She indicated to the Mayor that he was saying either pass this resolution or quit. Mayor Nemeth indicated that was exactly what he was saying. Mrs. Gleason indicated she felt there was a real push and she did not think it was necessary to move that quickly. Council Member Dombrowski asked why Clay Utilities did not start with South Bend, why they started with Mishawaka. Mayor Nemeth said that Mishawaka purchased the utility to help service the mall. He said they approached the City last fall and indicated there was a deadline. He said that at that time he did not know if the City would be interested. He said that in October the City first started to look at this seriously. He said when they received the consultant's report indicated it was a good price, they got down to serious business. Counci: Member Adams indicated that the question will be the interpretation of the lessor if this resolu- tion would not be passed. She asked if Mr. Fitterlinq was in attendance at the meeting so he would tell the Council what it would mean. Mayor Nemeth asked what difference it makes. Council Member Adams indicated she had consulted an attorney who indicated that suit could be filed be- cause the Council indicated there was a need. She asked if it would be possible to hold a specia: meeting on February 22 in order that the Council could have more time to study this matter. The Mayor indicated there would be no reason to hold such a meeting. Council Member Kopczynski asked how much money has been expended thus far on this purchase. Mr. John Stancati, Director of Utilities, indicated approximately $5,000 in the hiring of a consulting firm. Council President Parent indicated the entire procedure has been a debate on the definition of this resolution. Mayor Nemeth indicated that the City had annexed certain parts of Clay and German Township and they lost the court case because the City could not provide utilities. He said this was a profit making operation and the City will come out ahead. Council Member Taylor indicated it was obvious that the Council had not made up its mind about this purchase. He said it was obvious that a numl of Councilmen wanted to conduct an investigation of the entire matter. He said if the Council made a poor deal for the City they would be severely criticized. Council Member Serge asked if the City was selling water to Clay. Mr. Stancati indicated the City was selling water to Clay. He said the City could handle this utility without any additional manpower. Council President Parent indicated he disagreed with paragraph two of the resolution, as well as paragraphs three four, five and six. Council Member Adams made a motion to strike out paragraphs two, three, four, five and six, remove the word "and" in the first paragraph, as well as "be it further re- solved"in the last paragraph and substitute Now, therefore, be it resolved, seconded by Council Member Dombrowski. The Mayor indicated they would have to check with bond counsel and if they would not accept this resolution as amended he would call a special meeting. Council Member Kopczynski indicated that this was just another case of matters coming before the Council and the Council does not have time to get into it thoroughly. Council Member Miller indicated he dis- agreed. He said he had time to read this matter and he agreed with the resolution. Council President Parent indicated that this proposed project would cost two million dollars and the Council should explore it very thoroughly. The motion to amend carried, with Council Member Miller opposing. Mr. Thomas Brunner, City Attorney, asked that the amended resolution be read into the record. Council Member Adams read the amended resolution as follows "WHEREAS, negotia- tions have been conducted over an extended period of time between the Administration and Clay Utilities, Inc., culminating in a form of Lease for waterworks facilities and a form of Lease for sewage disposal facilities from Clay Utilities, Inc., which Leases have been approved by the Utility. Now, Therefore, be it Resolved, that the City Clerk cause a notice to be prepared in due legal form of the hearing on the proposed leases for waterworks facilities and sewage dis- posal facilities with Clay Utilities, Inc.; that the hearing be had at the regular meeting of this Council to be held on the 14th day of March, 1977, at the hour of 7:00 p.m. (E.S.T.); that a copy of the proposed leases be placed on public file in the office of the City Clerk starting tomorrow and remain available to the public until the time of the hearing. Council Member Taylor made a motion to adopt the resolution, as amended, seconded by Council Member Dombrowski. The resolution was adopted by a roll call vote of nine ayes (Council Members Serge, Szymkowiak, Millet Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent). RESOLUTION A RESOLUTION APPROVING A FIFTH AMENDMENT TO A CONTRACT BETWEEN THE SOUTH BEND CITY WATER WORKS AND SEWAGE DISPOSAL PLANT AND CLAY UTILITIES, INC. FOR FURNISHING OF WATER AND SEWAGE TREATMENT TO THE CLAY TOWNSHIP AREA IN ST. JOSEPH COUNTY, INDIANA. A public hearing was held at this time on the resolution. Mr. Robert Parker, Chief Deputy Attorni indicated this was a proposed fifth amendment to the original contract between Clay Utilities and the City. He said the effect of this amendment would be to provide for continuation of good fait] negotiations for acquisition of a lease - purchase agreement for Clay water works and sewage facili• ties. He said this would also provide for the acquisition of wells and land formerly owned by Aqua, Inc., and now owned by Clay Utilities for $92,985. He said this would release the Clay Utilities water franchise and sewer certification area in Clay, German, Center and Penn Townships to the City and transfer this certification area and franchise, conditional upon acceptance of the lease - purchase agreements. He said this would release from the water service and sewer service areas the tract of land proposed as a voluntary annexation adjacent to Laurel Road. He said this release is irrespective of the approval of the lease - purchase agreements. REGULAR MEETING FEBRUARY 14,, 1977 REGULAR MEETING RECONVENED (CONTINUED Council Member Miller made a motion to adopt this resolution, seconded by Council Member Szymkowi Council Member Adams asked if it was urgent this matter be passed this evening. Mr. Parker in- dicated it was not necessary that it be passed tonight. He said it could be submitted for public hearing on March 14. Council Member Adams asked what consideration was going to be given to Clay Utilities for them to release Laurel Woods. Mr. Parker indicated that was a surrender separate from the other agreement. Council Member Adams asked if they will give this to us at no cost. Mr. Parker indicated they would. Council Member Adams indicated that in Mr. Parker's letter he indicated there were four effects of this amendment, and she wanted to know if there would be any other effects. Mr. Parker indicated there were no other effects. Council Member Kopczynski read the following news release from Clay Utilities "There is now a demonstrated need for around the clock emergency service personnel which can only be supplied through revenue from a sub- stantial rate increase. The only alternative is to turn the operation over to South Bend .under the statutes authorizing a lease - purchase agreement. Secondly, the ever increasing government pressures on modern sewage utilities are driving up the cost of the new additions as well as operations. These costs have a much smaller impact on a large municipal utility operation than on a small independent utility which must rely on after- tax.dollars and borrowed capital for ex- pansion." He said it would appear Clay is negotiating out of dire need. Mr. Parker indicated the Council was given an exhibit which shows a substantial income as a money making property. Council Member Horvath indicated the price of this utility seems way out of line. The motion to adopt the resolution failed on a vote of four ayes (Council Members Serge, Szymkowiak, Miller and Taylor) and five nays (Council Members Kopczynski, Adams, Dombrowski, Horvath and Parent). Counc Member Taylor made a motion to set this for public hearing March 14, 1977, seconded by Council Member Adams. The motion carried. RESOLUTION NO. 551 -77 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE AWARDING OF EIGHT CONTRACTS IN EXCESS OF $5,000.00 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 Pprogram in excesss of $5,000 must be approved by the Common Council; and WHEREAS, low bids for eight properties to be rehabilitated under the Community Development Program have exceeded $5,000. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana: 1. That approval be granted to the Redevelopment Commission of the City of South Bend, Indiana to enter into a contract with Slatile Roofing and Sheet Metal, Inc., for the rehabilita- tion of the following properties: Lot 70 Studebakers lst 626 E. Dubail St. Lot 89 Elder Place 1412 S. Carroll St. Lot 75 Indiana Ave. Add. 630 Haney St. $7,050.00 7,678.00 7,035.00 2. That approval be granted to the Redevelopment Commission of the City of South Bend, Indiana, to enter into a contract with Madison Builders, Inc., for the rehabilitation of the following properties: Lot 27 -28 Dubail's 3rd 1803 S. Fellows St. $6,566.00 Lot 101 Indiana Ave. Add. 420 E. Haney St. 7,369.00 Lot 120 Wenger's 5th 1220 S. Fellows St. 7,910.00 Lot 84 Elder Place 201 E. Pennsylvania 6,960.00 Lot 99 Wenger's 4th 501 E. Keasey St. 7,329.00 3. 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 /Walter M. Szymkowiak Member of the Common Council A public hearing was held at this time on the resolution. Mr. Keith Crighton, Director of the Bureau of Housing, read the resolution. Council Member Kopczynski asked if they had the present market value on these properties. Mr. Crighton indicated they were not concerned about the mark value. Council Member Kopczynski asked if these rehabilitated properties increased their market value to the extent of what was being spent on them. Mr. Crighton indicated the. -ir primary con- cern was to correct major code violations. Council Member Adams indicated that three of the homes listed for rehab have also received emergency repairs. Mr. Crighton indicated that if the Council would like, in the future, he would noteif any of the homes had received emergency repair and the total amount. Council Member Horvath made a motion to adopt this resolution, seconded by Council MembEr Dombrowski. The resolution was adopted by a roll call vote of eight ayes (Council Members Serge, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent) and one nay (Council Member Szymkowiak). RESOLUTION NO. 552 -77 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, AUTHORIZING THE EXPENDITURE OF $5,500 BY THE DEPARTMENT OF HUMAN RESOURCES FOR AN AUDIT OF THE COMMUNITY DEVELOPMENT BLOCK PRO- GRAM. WHEREAS, the Department of Human Resources is required by Ordinance No. 6015 -76 to submit in resolution form to theCommon Council all contracts for expenditures from the Community Development Block Grant program which exceed $5,000 before any such expenditure shall be ap- propriated; and, _1 REGULAR MEETING FEBRUARY 14, 1977 REGULAR MEETING RECONVENED (CONTINUED WHEREAS, pursuant to the Community Development Block Grant program regulations the Depart- ment of Human Resources is required to cause an audit to be made of its financial management systems not less frequently than once every two years; and, WHEREAS, the Department of Human Resources has negotiated to contract with the independent public accounting firm of Peat, Marwick, Mitchell & Co., for the required audit to be performed at a cost of $5,500: NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana; SECTION I. That the Department of Human Resources is authorized to make an expenditure of $5,500 for an audit of the Community Development Block Grant program by Peat, Marwick, Mitchell & Co. as required by the regulation governing this program. /s/ Walter T. Kopczynski Member of the Council A public hearing was held at this time on the resolution. Mr. Jon Hunt, Assistant Director of Human Resources, indicated this resolution was for a fiscal audit of the Community Development Grant for FY75 ending December 31, 1976. He said that Peat, Marwick, Mitchell & Co., was the low and best bidder for the project. Council Member Kopczynski asked when they first learned they needed to audit. Mr. Hunt indicated when they received the regulation which required them to have an audit every two years. Council Member Kopczynski asked when they decided to bring this in front of the Council. Mr. Hunt indicated they decided three or four months ago. Council Member Kopczynski indicated that as chairman of the Human Resources Committee he did not know about this. He said that as a courtesy to a chairman of a committee they should be notified of pending legislation. Council Member Serge made a motion to adopt this resolution, seconded by Council Member Miller. Council Member Adams asked if this audit firm was the lowest bidder. Mr. Hunt indicated they were not the lowest, however, they had previous experience conducting an audit on Community Development. The resolution passed by a roll call vote of nine ayes (Counc. Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent). ORDINANCES, FIRST READING ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 21 OF THE CITY CODE OF SOUTH BEND, INDIANA, 1971, ALSO KNOWN AS THE ORDINANCE NO. 4990 -68, AS AMENDED, AND GENERALLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED (SOUTH OF JEFFERSON, WEST OF ST. JOSEPH RIVER, NORTH OF MONROE ST., AND EAST OF COLUMBIA ST.) This ordinance had first reading. Council Member Taylor made a motion to set this ordinance for public hearing and second reading February 28, 1977, seconded by Council Member Dombrowski. The motion carried. ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (240 RUE DEVILLE). This ordinance had first reading. Council Member Adams made a motion to refer this ordinance to Area Plan, seconded by Council Member Dombrowski. The motion carried. ORDINANCE AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND (LAUREL WOODS) . This ordinance had first reading. Council Member Kopczynski made a motion to refer this ordi- nance to the Public Works Committee, seconded by Council Member Adams. The motion carried, with Council Member Miller oDDosina. ORDINANCE AN ORDINANCE APPROVING MONEYS FOR THE PURPOSE OF DEFRAYING THE CETA TITLE VI EXPENSES OF THE DE- PARTMENT OF EMPLOYMENT AND TRAINING FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1977, AND ENDING SEPTEMBER 30, 1977, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGA- TIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This ordinance had first reading. Council Member Adams made a motion to set this public hearing and second reading February 28, and refer it to the Administration Committee, seconded by Council Member Dombrowski.. The motion carried. ORDINANCE AN ORDINANCE APPROVING MONEYS FOR THE PURPOSE OF DEFRAYING THE CETA TITLE II EXPENSES OF THE DE- PARTMENT OF EMPLOYMENT AND TRAINING FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1977 AND ENDING SEPTEMBER 30, 1977, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGA- TIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. ordinance for and Finance This ordinance had first reading. Council Member Kopczynski made a motion to set this ordinance for public hearing and second reading February 28, and refer it to the Administration and Finance Committee, seconded by Council Member Dombrowski: The motion carried. REGULAR MEETING FEBRUARY 14, 1977 REGULAR MEETING RECONVENED(CONTINUED ORDINANCE AN ORDINANCE APPROPRIATING $205,000.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR THE WHITE WATER RAPIDS CONSTRUCTION, TO BE ADMINISTERED THROUGH THE DE- PARTMENT OF HUMAN RESOURCES. This ordinance had first reading. Council Member Taylor made a motion to set this ordinance for public hearing and second reading February 28, and refer it to the Public Works Committee, secon by Council Member Dombrowski. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $41,300.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR FIRE DEPARTMENT EQUIPMENT, TO BE ADMINISTERED BY THE BUREAU OF FIRE PROTECTION. This ordinance had first reading. Council Member Taylor made a motion to set this ordinance for public hearing and second reading February 28, seconded by Council Member Dombrowski. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $200,000.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC WORKS PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS BUREAU OF STREETS. This ordinance had first reading. Council Member Kopczynski made a motion to set this ordinance for public hearing and second reading February 28, seconded by Council Member Dombrowski. The motion carried. ORDINANCE AN ORDINANCE TRANSFERRING THE SUM OF $200,000.00 BETWEEN VARIOUS ACCOUNTS IN THE CUMULATIVE CAPITAL IMPROVEMENT FUND OF THE CITY OF SOUTH BEND, INDIANA. This ordinance had first reading. Council Member Adams made a mtoion to set this ordinance for public hearing and second reading March 14, 1977, seconded by Council Member Horvath. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $221,000.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR CODE ENFORCEMENT PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE 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 February 28, 1977, seconded by Council Member Miller. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $50,000.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR HEALTH SERVICES TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE DEPARTMENT OF HUMAN RESOURCES. This ordinance had first reading. Council Member Adams made a motion to set this ordinance for public hearing and second reading March 14, 1977, seconded by Council Member Dombrowski. The motion carried, with Council Members Taylor and Miller opposing. ORDINANCE AN ORDINANCE APPROPRIATING $200,000.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY KNOWN AS GENERAL REVENUE SHARING FUND FOR CENTURY CENTER CONSTRUCTION , TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE DEPARTMENT OF PUBLIC WORKS. This ordinance had first reading. Council MembEr Taylor made a motion to set this ordinance for public hearing and second reading February 28, seconded by Council Member Dombrowski. The motion carried, with Council Member Kopczynski opposing. ORDINANCE AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE LEASING OF WATERWORKS FACILITIES OF CLAY UTILITIES, INC. This ordinance had first reading. Council Member Adams made a motion to set this ordinance for public hearing and second reading March 14, seconded by Council Member Dombrowski. The motion carried. ORDINANCE AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE LEASING OF SEWAGE DISPOSAL FACILITIES OF CLAY UTILITIES, INC. This ordinance had first reading. Council Member Taylor made a motion to set this ordinance for public hearing and second reading March 14, seconded by Council Member Dombrowski. The motion carried. 35 REGULAR MEETING_ FEBRUARY 141977 REGULAR MEETING RECONVENED (CONTINUED) ORDINANCE AN ORDINANCE APPROPRIATING $92,985.00 FROM FUND 30, COMMONLY KNOWN AS THE DEPRECIATION FUND OF THE BUREAU OF WATER, TO LINE 30.0710, COMMONLY DESCRIBED AS BUILDING STRUCTURES AND IMPROVEMENT, ALL FUNDS BEING WITHIN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND. This ordinance had first reading. Council Member Adams made a motion to set this ordinance public hearing and second reading March 14, seconded by Council Member Kopczynski. Themotionr carried. PRIVILEGE OF THE FLOOR Mr. Thomas Brunner, City Attorney, said he had a question regarding 10 C on theagenda. H why this was put into committee. Council Member Kopczynski said he thought annexation ordi asked should be thoroughly studied. nances Mrs. Jane Swan, 2022 Swygart, indicated she thought something should be put into ordinance for regarding the procedure and penalty, regarding snow emergency, m be cleaned. She indicated there was a new director for Century1Centerranda,there is reets talky about the salary being supplemented from the Hotel /Motel Tax Board, and she wondered if a deter- mination had been made regarding the amount of supplement. Council Member Miller indicated the Hotel /Motel Tax Board was negotiating an additional contract, and that it had not been determin ed as to the amount. Mrs._ Swan asked if that was the proper use for these funds. Council Member Miller suggested she address this to the Hotel /Motel Tax Board. NEW BUSINESS Council Member Adams made a- motion to set the February 28, 1977 meeting of the Council to start at 6:00 p.m., seconded by Council Member Kopczynski. The motion carried, with Council Member Miller opposing. She asked that the City Clerk notify all department heads. Council Member Adams made a motion to approve the sale of City -owned property located at 722 E. Miner, 1624 S. Williams, seconded by Council Member Dombrowski. The motion carried. Council President Parent indicated he would like the Council to ratify a decision as to the memb er ship on the Rules Committee. He said he would like to recommend Council Member Adams, Council Member Taylor, as Council_ President he would be an ex- officio member, Council Member Horvath would replace him in case of his absence. Council Member Kopczynski indicated there were three factions on the Council and he thought Council President Parent should get a balance. Council President Parent indicated he could appoint five members to this committee, and he would give it some thought. There being no further business to come before the Council unfinished or new, _Council Member Adam. made a motion to adjourn, seconded by Council Member Dombrowski. The motion carried and the meeting was adjourned at _11:00 p.m. ATTEST: ATTEST4e—Z� A y Clerk Pre