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HomeMy WebLinkAbout04-13-77 Council Meeting MinutesREGULAR MEETING (RECONVENED) APRIL 13. 1977 Be it remembered that the Common Council of the City of South Bend reconvened in a meeting room o the fourth floor of the County -City Building on Wednesday, April 13, 1977, at 7:00 p.m., Council President 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 President Parent announced that this meeting was continued from April 12, since some of the public hearings had been originally set for April 12 and thereafter the date of the regular meeting was changed to April 13, 1977. Council President Parent apologized for the small room in which the meeting was being held, and explained there was a prior commitment for the Chambers. 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 March 28, 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 Christine Adams Council Member Serge made a motion that the minutes of the March 28, 1977, meeting,be accepted as read and placed on file, seconded by Council Member Dombrowski. The motion carried. SPECIAL BUSINESS Council Member Adams made a motion that Lillian Stanton be approved as a citizen member_ of the Personnel and Finance Committee, seconded by Council Member Kopczynski. The motion carried. Council Member Serge made a motion that Brian Crumlish be approved as a citizen member of the Residential Neighborhood Committee, seconded by Council Member Dombrowski. The motion carried. Mrs. Esther Waldon, 7272 Fellows, spoke regarding non- enforcement of smoking on City busses. She presented a petition with 1,650 signatures against smoking on the busses. Council President Parent said he would write a letter to TRANSPO regarding the enforcement of this code. Mr. William Gilkey, Director of Human Resources, made a presentation on the 1977 Community DeveloE ment application. He explained the Community Development Act from its inception and how these funds could and could not be used. He indicated these funds were designated to benefit the low and moderate income people. Mr. Jon Hunt, Assistant Director of Human Resources, showed a map of the proposed extended target areas for 1977. He also explained some of the new programs they were proposing for 1977. Pastor John Smith, of the Broadway Christian Parish,_ spoke in favor of the rehabilitation of the Southeast Neighborhood Center with the use of Community Development moneys. Mr. Billy Powell, 2716 Schumaker, an employee of-LaSalle Park, spoke in favor of this proposal. Council Member Kopczynski indicated that he was disappointed that a fishing park in the target area of the northeast side was not included in this proposal. He said there would be a petition with about 5,000 signatures in support of this park. He said this would be a fishing park and recreation for the low income people. Dr. John Roos, 1107 Notre Dame Avenue, indicated he supported Council Member Kopczynski's proposal. He said he thought this would be asset to the community. Council Member Miller indicated that he thought the original plan was for a boat dock. Council Member Kopczynski indicated the park would be used primarily for fishing. Counci: Member ,Miller indicated he would suggest the plans be made more definitive. Council Member Serge asked for an explanation of the proposed Triangle Park. Mr. Gilkey said this land was at the intersection of Portage and Forrest, and is presently owned by Sun Oil. He said they would like REGULAR MEETING APRIL 13, 1977 REGULAR MEETING (RECONVENED) to develop it into a park site. He said the figure of $15,000 is high and they estimate it will be under $10,000. Council Member Serge indicated that perhaps he could get Sun Oil to donate thi land, since the property is now zoned residential. Council Member Adams indicated that each of these items will come before the Council in appropriation form before the money is spent. She made a motion that the Council approve this application, seconded by Council Member Kopczynski. Council Member Miller indicated there were two items he would oppose, Triangle Park, and the $30,000 for Day Care Services. Mr. Gilkey explained.the Day Care Service Program to the Council. Council President Parent asked Council Member Adams to withdraw her motion, in order that the Council could make recommendations. She agreed, and Council Member Kopczynski withdrew his secon Council President Parent indicated that the Council would make recommendations and then make a motion to approve the application. Council Member Szymkowiak indicated he thought that Sun Oil -would be glad to give the land for Triangle Park to the City. Council Member Adams asked how much was spent for legal services in Redevelopment. Mr. Gilkey indicated that $8,000 was budgete And then Mr. Brownell, Executive Director of Redevelopment, indicated they were unable to stay within their budget and spent in excess of $20,000. Council Member Adams indicated that if they were unable to stay within their budget, how did they transfer this money. Mr. Brownell indicate they transferred it from another line item. Council Member Adams said she would recommend to the Council that in the future money could not be moved from one line item to another without Council approval. Council Member Kopczynski indicated that Federal funds should be better con- trolled by the Council. He made a motion that the Council recommend a fishing park be built for the northeast side, at a cost of approximately $50,000, seconded by Council Member Dombrowski. Council Member Miller indicated he would like to know what was included in the proposal. Council Member Kopczynski said the proposal was $25,000 for land and $25,000 for land improvements. Council Member Szymkowiak indicated he would have no object to a fishing park. Council Member Horvath asked about the Mayor's response to this request. Council Member Kopczynski indicated that the Mayor had responded that there were sufficient parks along the river. A roll call vote was taken on the motion and it passed by a vote of eight ayes and one nay (Council Member Miller) Council President Parent thanked Mr. Gilkey and other members of the Community Development staff for the good job done on this proposal. He said he would like to recommend the following: Triangle Park - $5,000 be taken out and this be cut to $5,000; line 5 -A, Administration /Project Personnel be cut $30,000 from $290,000 to $260,000; line 11 Administration /Personnel be cut $6,000 to $99,000; line 14- Administration /Personnel be cut $20,000 to $278,000. He said the fundi' that were reduced could be put in Unspecified Local Option. He indicated some of these funds could then be allocated for the transportation of the physically handicapped and older adults; $10,000 to $15,000 could be used for a women's crisis center. A motion was made by Council Member Dombrowski that these recommendations be accepted by the Council, seconded by Council Member Miller. The motion carried by a roll call vote of nine ayes. Council Member Taylor said he would like to expand improvements on the-Southeast Neighborhood Center to the exterior, as well as interior. Council Member Kopczynski made a motion that the application be approved, sub-1 ject to the recommendations, seconded by Council Member Adams. The motion carried. REPORTS Council President Parent commended the fire chief for the report of the South Bend Fire Departmen Council Member Kopczynski made a motion to resolve into the Committee of the Whole, and recess, seconded by Council Member Dombrowski. The motion carried and the meeting was recessed at 8:20 P.M. 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 Wednesday, April 13, 1977, at 8:40 p.m., with nine members present. Chairman Frank Horvath presiding. Council Member Horvath indicated that public hearing would be held at this time on the first thr items on the agenda, Clay Utilities, Inc. BILL NO. 24 -77 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE LEASING OF WATER WORKS FACILITIES OF CLAY UTILITIES, INC. BILL NO. 25 -77 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE LEASING OF SEWAGE DIS- POSAL FACILITIES OF CLAY UTILITIES, INC. BILL NO. 26 -77 A BILL APPROPRIATING $92,985.00 FROM FUND 30, COM- MONLY 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. Council President Parent gave a report that the negotiating team was established and contact had been made with representatives of Clay. He said they could purchase Clay at the same price of 2.1 million tonight, however, since that is exactly the same price, he indicated he thought the Council would want to set this for another public hearing. Council President Parent made a moti to set the above bills for public hearing and second reading June 27, 1977, seconded by Council Member Dombrowski. The motion carried, with Council Member Miller opposing. BILL NO. 38 -77 A BILL APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO DELTA STAR, INC. M REGULAR MEETING APRIL 13, 1977 COMMITTEE OF THE WHOLE MEETING (CONTINUED This being the time heretofore set f were given an opportunity to be hear Commission, made the presentation fc of $700,000 to construct and equip a increase in employment, and further Mr. McGill, attorney for Delta Star. commended to the Council favorable, BILL NO. 13 -77 or public hearing on the above bills, proponents and opponent d. Mr. Kenneth Fedder, attorney for the Economic Development r the ordinance. He indicated this bond would be in the amou facility at 1125 Walnut Street. He said this would mean an expansion of business in the South Bend area. He introduced Council Member Adams made a motion that this bill be re- seconded by Council Member Parent. The motion carried. A BILL 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 DE VILLE). This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. William Voor, attorney, made the presentation for the ordinance. He said this rezoning involves the Left Bank Club. He said the building was built approximately five years ago, and was rezoned as Cl, and that zoning does not conform, as it shou be C. He said that Area Plan had recommended this favorable. He indicated they did not anticipa any changes to the building. Council President Parent made a motion to recommend this favorable to the Council, seconded by Council Member Adams. The motion carried. BILL NO. 29 -77 A BILL AMENDING CHAPTER 11, GENERALLY KNOWN AS THE HOUSING AND MAINTENANCE CODE, ESTABLISHING MINIMUM STANDARDS FOR BASIC EQUIPMENT AND FACILITIES FOR LIGHT, VENTILATION, SPACE HEATING AND SANITATION; FOR SAFETY FROM FIRE, FOR SPACE, USE AND LOCATION; AND FOR SAFE AND SANITARY MAINTENANCE; FOR COOKING EQUIPMENT IN ALL STRUCTURES NOW IN EXISTENCE; FIXING THE RESPONSIBILITIES OF OWNERS, OPERATORS AND OC- CUPANTS OF ALL STRUCTURES; PROVIDING FOR ADMINISTRA- TION, ENFORCEMENT AND PENALTIES. Mr. Thomas Brunner, City Attorney, asked that public in conjunction with the above bill, since they were made a motion to suspend the rules and hear all thre Council Member Dombrowski. The motion carried on a BILL NO. 42 -77 BILL NO. 43 -77 hearing be held on Bill Nos.. 42 -77 and 43 -77 tied -in together. Council President Parent e bills, but vote separately, seconded by roll call vote of nine ayes. A BILL APPROPRIATING $23,040.00 FROM THE ANTI - RECESSION FUND COMMONLY REFERRED TO AS THE COUNTER- CYCLICAL GRANT, FOR VARIOUS BUILDING CODE ENFORCEMENT FUNCTIONS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE DEPART- MENT OF ADMINISTRATION AND FINANCE. A BILL APPROPRIATING $40,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING FOR VARIOUS BUILDING CODE COM- PLIANCE PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND, INDIANA, THROUGH THE DEPARTMENT OF ADMINISTRATION AND FINANCE. This being the time heretofore set for public hearing on the above bills, proponents and opponent: were given an opportunity to be heard. Mr. Thomas Brunner, City Attorney, made the presentation for the bills. He said this was an attempt to achieve greater compliance with the Housing Code. He said the State legislature adopted an unsafe building law statute in 1973. He said this pro- posed bill will designate the unit of government to administer the law, the Bureau of Buildings and Permits, as well as other provisions, such as, the definition of substantial property in- terest and establishment of the unsafe building fund. He said at the present time the City is limited in its recourse to legal remedies in enforcement of building standards. He said their only remedy has been demolition and this has only served to deplete the housing stock of the community. He said an important part of the proposed bill is the .creation of the position of a hearing officer who will be charged with carrying out the administrative enforcement provisions of the unsafe building law. He said the hearing officer will hear the evidence of the condition of the property and can direct and order the owner to remedy specific deficiencies. He said the Legal Department has one deputy who will be enforcing the housing code. He said they estimate one hundred cases per week will be going to a hearing officer. He said they felt this was a necessary first step to correct the Building Code problems. Mr. Franklin Morse, President of the Board of Public Safety, indicated that the Board was in support of this bill, based on two aspect; the enforcement of the program and penalties., as well as the procedural aspect. He said the Board was unanimous in urging the passage of this bill. Mr. Todd Areson, Director of Urban Observatory, gave the origin of the study they made on housing and their recommendations regard- ing housing and substandard housing. Mr. John Oxian, President of Historic Preservation', spoke on behalf of this proposed bill. He said the Commission would highly recommend the approval of this bill. Mr. John Roos, 1107 Notre Dame Avenue, indicated that this proposed bill would be a preventative to blight. Mr. Brian Crumlish, 1091 Riverside Dr., spoke in favor of this proposed bill. He said deterioration of housing stock must not be permitted. Mr. Charles Crutchfield, Notre Dame Professor, spoke in support of this bill. He said there were too many substandard buildings in this community. He indicated the bill was a step in the right direction. Mr. Walte: Kopczynski, Sixth District Councilman, indicated he thought the City had a responsibility to the property owner. Council Member Serge indicated he was in favor of this bill. Council President Parent said he thought the Urban Observatory in South Bend was one of the better ones in the country. He said their study was generally concise. He commended the Legal Department, as well as Urban Observatory. Council Member Szymkowak indicated he thought the City had waited too long for a bill of this type. He commended the Legal Department and the City Administration. Council Member Dombrowski indicated he thought this bill was something South Bend has needed for sometime. Council Member Taylor indicated he would like to see something done to enable people b buy homes in the target area with a very low downpayment. Council Member Adams asked how many hours the hearing officer would work per week. Mr. Brunner indicated approximately twenty hours per week. REGULAR MEETING APRIL 13, 1977 COMMITTEE OF THE WHOLE MEETING (CONTINUED) Mr. Brunner gave the Clerk's office a letter from Mr. Conrad Kellenberg, Professor of Law, at Notre Dame, to be entered into the record: April 8, 1977 The Common Council City of South Bend County -City Building South Bend, IN 46601 Attention: Mr. Thomas J. Brunner, Jr. Gentlemen: I write in support of the proposed ordinance to amend Chapter 11, generally known as the Housing and Maintenance Code. The proposal to incorporate the provisions of the Indiana Unsafe Building Law (Indiana Code 18- 5 -5.5 -1 to 20) makes eminent good sense to me. The range of remedies provided in the Indiana law is especially important. It makes possible a faster, cheaper and more appropriate response to problems than does the present ordinance (sections H -120.1 through H- 141.0). The basic concept of the proposed revision, then, is sound in my judgment. Mr. Brunner knowns far more than I about the technical and administrative aspects embodied in Sections III to VI of the proposed ordinance. Respectfully yours, /s/ Conrad Kellenberg Conrad Kellenberg Professor of Law CK:s BILL NO. 29 -77 Council Member Kopczynski made a motion to recommend this bill to the Council favorable, seconded by Council Member Adams. The motion carried. BILL NO. 42 -77 Council Member Taylor made a motion to recommend this bill to the Council favorable, seconded by Council Member Parent. The motion carried. BILL NO. 43 -77 Council Member Dombrowski made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. BILL NO. 35 -77 A BILL AMENDING CHAPTER 14.5, ENTITLED "PROPERTY ", AUTHORIZING THE BOARD OF PUBLIC WORKS TO SELL PRO- PERTY VALUED AT LESS THAN FOUR THOUSAND DOLLARS ($4000) AT A PRIVATE SALE, AND PROVIDING FOR ONE APPRAISAL OF PROPERTIES TO BE SOLD. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. -Mr. Patrick McMahon, Director of Public Works, made the presentation for the bill. He said this bill had been continued to give the Legal Department tim to decide if a City employee could appraise these properties. He said the Legal Department has found that this is allowable. He said that last year they spent $11,000 for appraisals. He said they were also asking the property valued at less than $4,000 be sold at a private sale, rather than $1,000. Mr. Thomas Brunner, City Attorney, indicated that the Personnel and Finance Com- mittee had asked for the following amendment, and the Administration was agreeable; amend Section I (b) after the first sentence to add a new sentence to read "Except in those cases where the Common Council authorizes the Board of Works to designate one licensed, non - independent appraiser; Council Member Adams made a motion to amend the bill, seconded by Council President Parent. The motion carried. Council Member Adams indicated that the Personnel and Finance Committee discusse the change in the amount and the Committee felt it should remain at $1,000. She made a motion to delete Section III in its entirety and have it remain as in the original ordinance, amend Section 4, part (3) to $1,000 seconded by Council Member Dombrowski. The motion carried. Counci Member Adams made a motion to amend the title of the bill to read $1,000, seconded by Council Member Dombrowski. The motion carried. Council Member Taylor made a motion to recommend the bill to the Council favorable, as amended, seconded by Council Member Parent. The motion carried BILL NO. 39 -77 A BILL AMENDING CHAPTER 2, ARTICLE 16 AND ARTICLE 17 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, PERTAINING TO THE RULES AND REGULATIONS OF THE BOARD OF PUBLIC WORKS AND THE ADDITION OF AUTHORIZING THE TAKING OF SEALED PROPOSALS FOR INSURANCE COVERAGE OF THE CITY. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Mary Christine Adams, made the presentatio for the bill. She said this bill was to correct an error in ordinance no. 5957 -76, which estab- lished a system whereby all City insurance would be sought by the Board of Public Works receiving sealed proposals from insurance companies. She said this ordinance corrects the clerical error and also substitutes "sealed proposal" or "proposal" throughout the ordinance instead of the words "bid or "bidder ". She made a motion to recommend this bill to the Council favorable, seconded by Council President Parent. The motion carried. BILL NO. 40 -77 A BILL AMENDING CHAPTER 2, ARTICLE 10 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS STANDING COMMITTEES OF THE COMMON COUNCIL; TITLE AND RESPONSIBILITIES, BY THE ADDITION OF THE UTILITIES COM- MITTEE. REGULAR MEETING APRIL 13, 1977 COMMITTEE OF THE WHOLE MEETING (CONTINUED This being the time heretofore set for public hearing-on the above bill, proponents and opponent: were given an opportunity to be heard. Council Member Mary Christine Adams, made the presentatic for the bill. She said that over the past several years the growing need for greater Council and citizen involvement in the utilities area has grown more and more apparent. She said that rate increases of service adjustments requested by the utilities affects not only the City but all of its many citizens. She said the need for greater consumer protection and increased public awareness of the public and private services and the workings of the Public Service Commission warrants the needs for a committee focusing on such services. She said that therefore, an ordi- nance establishing a Utilities Committee as a standing committee of the Common Council is present for your favorable review. She made a motion to recommend this bill to the Council favorable, seconded by Council President Parent. The motion carried. Council President Parent appointed Council Member Adams to be chairman of this committee. BILL NO. 41 -77 A BILL TRANSFERRING THE SUM OF $6,945.21 FROM ACCOUNT NO. 110.0 "SALARIES AND WAGES, REGULAR" TO ACCOUNT NO. 722.0 "MOTOR EQUIPMENT ", BOTH ACCOUNTS BEING WITHIN THE BUREAU OF CEMETERIES BUDGET IN THE GENERAL FUND. This being the time heretofore set for public hearing on the above bill, proponents and opponent: were given an opportunity to be heard. Mr. Robert Niezgodski, Fiscal Officer for the Bureau of Cemeteries, made the presentation for the bill. He said the bureau was in need was in need of a new dump truck to replace the 1965 12 ton truck. He said that during the past six months this vehicle has been in the garage constantly for repairs. He said the body is rusted out, tires arE badly worn and the vehicle will not pass State inspection. He said there is a balance in account 110 due to the elimination of the sexton's salary. Council President Parent made a motion to recommend this bill to the Council favorable, seconded by Council Member Serge. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Parent made a motion to rise and report to the Council, seconded by Council Member Taylor. The motion carried. ATTEST: CITY CLERK REGULAR MEETING RECONVENED ATTEST: Be it remembered that the regular meeting of the Common Council of the City of South Bend recon- vened in a meeting room on the fourth floor of the County -City Building at 10:02 p.m., Council President Parent presiding and nine members present. BILLS, SECOND READING BILL NO. 24 -77 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE LEASING OF WATER WORKS FACILITIES OF CLAY UTILITIES, INC. Council Member Adams made a motion to continue public hearing and second reading on this bill to June 27, 1977, seconded by Council Member Taylor. The motion carried. BILL NO. 25 -77 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE LEASING OF SEWAGE DISPOSAL FACILITIES OF CLAY UTILITIES, INC. Council Member Adams made a motion to continue public hearing and second reading on this bill to June 27 1977, seconded by Council Member Taylor. The motion carried. BILL NO. 26 -77 A BILL 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. Council Member Adams made a motion to continue public hearing and second reading on this bill to June 27, 1977, seconded by Council Member Kopczynski. The motion carried. ORDINANCE NO. 6134 -77 AN ORDINANCE APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO DELTA STAR ELECTRIC, INC. had This ordinance /second reading. Council Member Adams made a- motion to pass the ordinance, second( by Council Member Kopczynski. The ordinance passed by a roll call vote of nine ayes. ORDINANCE NO. 6135 -77 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 DE VILLE). This ordinance had second reading. Council Member Adams made a motion to pass this ordinance, seconded by Council Member Kopczynski. The oridnance passed by a roll call vote of nine ayes. REGULAR MEETING APRIL 13, 1977 REGULAR MEETING RECONVENED ORDINANCE NO. 6136 -77 AN ORDINANCE AMENDING CHAPTER 11, GENERALLY KNOWN AS THE HOUSING AND MAINTENANCE CODE, ESTABLISHING MINIMUM STANDARDS FOR BASIC EQUIPMENT AND FACILITIES FOR LIGHT, VENTILA- TION, SPACE HEATING AND SANITATION; FOR SAFETY FROM FIRE AND SANITARY MAINTENANCE; FOR COOKING EQUIPMENT IN ALL STRUCTURES NOW IN EXISTENCE; FIXING THE RESPONSIBILITIES OF OWNERS, OPERATORS AND OCCUPANTS OF ALL STRUCTURES; PROVIDING FOR ADMINISTRATION, ENFORCEMENT AND PENALTIES. This ordinance had second reading. Council Member Adams made a motion to pass this ordinance, seconded by Council Member Taylor. The ordinance passed by a roll call vote of nine ayes. ORDINANCE NO. 6137 -77 AN ORDINANCE AMENDING CHAPTER 14.5, ENTITLED "PROPERTY ", AUTHORIZING THE BOARD OF PUBLIC WORKS TO SELL PROPERTY VALUED AT LESS THAN ONE THOUSAND DOLLARS ($1,000) AT A PRIVATE SALE, AND PROVIDING FOR ONE APPRAISAL OF PROPERTIES TO BE SOLD. f 7_P` 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 Adams. The motion carried. Council Member Adams made a motion to pass the ordinance, as amended, seconded by Council Member Kopczynski. The ordinance passed by a roll call vote of eight ayes and one nay (Council Member Miller) . ORDINANCE NO. 6138 -77 AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 16 AND ARTICLE 17 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, PERTAINING TO THE RULES AND REGULATIONS OF THE BOARD OF PUBLIC WORKS AND THE ADDITION OF AUTHORIZING THE TAKING OF SEALED PROPOSALS FOR INSURANCE COVERAGE OF THE CITY. This ordinance had second reading. Council Member Adams made a motion to pass the ordinance, seconded by Council Member Dombrowski. The ordinance passed by a roll call vote of nine ayes. ORIDNANCE NO. 6139 -77 AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 10 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS STANDING COMMITTEES OF THE COMMON COUNCIL; TITLE AND RESPONSIBILITIES, BY THE ADDITION OF THE UTILITIES COMMITTEE. This ordinance had second reading. Council Member Adams made a motion to pass the ordinance, seconded by Council Member Kopczynski. The ordinance passed by a roll call vote of nine ayes. ORDINANCE NO. 6140 -77 AN ORDINANCE TRANSFERRING THE SUM OF $6,945.21, FROM ACCOUNT NO. 110.0 "SALARIES AND WAGES, REGULAR" TO ACCOUNT NO. 722.0 "MOTOR EQUIPMENT ", BOTH ACCOUNTS BEING WITHIN THE BUREAU OF CEMETERIES BUDGET IN THE GENERAL FUND. This ordinance had second reading. Council Member Dombrowski made a motion to pass the ordinance seconded by Council Member Serge. The ordinance passed by a roll call vote of nine ayes. ORDINANCE NO. 6141 -77 AN ORDINANCE APPROPRIATING $23,040.00 FROM THE ANTI - RECESSION FUND COMMONLY REFERRED TO AS THE COUNTER - CYCLICAL GRANT, FOR VARIOUS BUILDING CODE ENFORCEMENT FUNCTIONS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE DEPARTMENT OF ADMINISTRATION AND FINANCE. This ordinance had second reading. Council Member Taylor made a motion to pass the ordinance, seconded by Council Member Dombrowski. The ordinance passed by a roll call vote of nine ayes. ORDINANCE NO. 6142 -77 AN ORDINANCE APPROPRIATING $40,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING FOR VARIOUS BUILDING CODE COMPLIANCE PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND, INDIANA, THROUGH THE DEPARTMENT OF ADMINISTRATION AND FINANCE. This ordinance had second reading. Council Member Dombrowski made a motion to pass the ordinance seconded by Council Member Szymkowiak. The ordinance passed by a roll call vote of nine ayes. RESOLUTIONS 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. Council Member Taylor made a motion to continue public hearing on this resolution until June 27, 1977, seconded by Council Member Dombrowski. The motion carried, with Council Member Miller opposing. REGULAR'MEETING APRIL 13, 1977 REGULAR MEETING RECONVENED (CONTINUED RESOLUTION NO. 556 -77 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE AWARDING OF THREE CONTRACTS IN EXCESS OF $5,000 FOR RE- HABILITATION WORK IN THE COMMUNITY DEVELOPMENT PROGRAM. WHEREAS, under the provisions of Ordinance No. 5872 -75, passed by the South Bend Common Council on August 11, 1975, all contracts under the Community Development Housing Program in excess of $5,000 must be approved by the Common Council; and WHEREAS, low bids for three properties to be rehabilitated under the Community Development Housing 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 B & W Electric Company the rehabilitation of the follow - ing properties: Lot No. 237 1219 High Street $5,970.00 Wenger's Homestead Lot No. 13 211 E. Calvert Street $7,743.00 Bowman's 3rd Add. 2. That approval be granted to the Redevelopment Commission of the City of South Bend, Indiana, to enter into -a contract with the Siding Masters, Inc. for the rehabilitation of the following properties: Lot No. 1 Elder Place 217 E. Pennsylvania $6,845.00 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 above resolution. He gave the amount of emergency repair done to each unit. Council Member Serge made a motion to adopt this resolution, seconded by Council Member Szymkowiak. Council Member Adams showed pictures of bath rooms in two structures, and questioned the $656 for marelite in a half bath. She also questioned Mr. Crighton about the prices being paid to contractors for rehabilitation. The resolution passed by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 44 -77 A BILL AMENDING CHAPTER 20, ARTICLE 6, SECTION 20 -67 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, PERTAINING TO PARKING PROHIBITIONS AND LIMITED PARKING IN CERTAIN DESIGNATED PLACES. This bill had first reading. Council Member Adams made a motion to refer this bill to the Publi< Works Committee and set it for public hearing and second reading May 9, 1977, seconded by Counci: Member Dombrowski. The motion carried. BILL NO. 45 -77 A BILL APPROVING MONEYS FOR THE PURPOSE OF DEFRAYING THE CETA TITLE III EXPENSES OF THE DEPARTMENT OF EMPLOYMENT AND TRAINING FOR THE FISCAL PERIOD BEGINNING JANUARY 1, 1977, AND ENDING SEPTEMBER 30, 1977, IN- CLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading May 23, 1977, seconded by Council Member Dombrowski. The motion carried. BILL NO. 46 -77 A BILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (300 IRELAND ROAD) . This bill had first reading. Council Member Adams made a motion to refer this bill and petition to Area Plan, seconded by Council Member Dombrowski. The motion carried. BILL NO. 47 -77 A BILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (1017 JEFFERSON BLVD.). This bill had first reading. Council Member Adams made a motion to refer this bill and petition to Area Plan, seconded by Council Member Dombrowski. The motion carried. REGULAR MEETING APRIL 13, 1977 REGULAR MEETING RECONVENED (CONTINUED) BILL NO. 48 -77 A BILL APPROPRIATING $12,180.00 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 DEPARTMENT OF EMPLOYMENT AND TRAINING. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading May 9, 1977,, seconded by Council Member Dombrowski. The motion carried. BILL NO. 49 -77 A BILL APPROPRIATING THE SUM OF $60,500.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND. This bill had first reading. Public Works Committee and set by Council Member Dombrowski. NEW BUSINESS Council Member Adams made a motion to refer this bill to the it for public hearing and second reading May 9, 1977, seconded The motion carried. W A discussion was held regarding the sale of City -owned property. The Council feels more informa- tion is needed before they approve the sale of these properties. Council Member Adams made a motion to continue this, excluding the property located at 1310 Fassnacht, until May 9 meeting of the Council, seconded by Council Member Dombrowski. The motion carried. Council Member Dombrowski made a motion to approve the sale of 1310 Fassnacht, seconded by Council Member Adams. 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 10:32 p.m. ATTEST: APPROVE: CITY CLERK PRESI T