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HomeMy WebLinkAbout05-23-77 Council Meeting MinutesEIKII REGULAR MEETING MAY 23, 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, May 23, 1977, at 7:00 p.m. Council President Roger 0. Parent presiding. The meeting was called to order, and the Pledge to the Flag was given. ROLL CALL PRESENT: Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent ABSENT: None 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 May 9, 1977, meeting of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. /s/ Roger 0. Parent Council Member Serge made a motion that the minutes of the May 9, 1977, meeting be accepted and placed on file, seconded by Council Member Taylor. The motion carried. SPECIAL BUSINESS Mr. John Oxian was sworn in as a citizen member of the Public Safety Committee, by the City Clerk, Ms. Paula Auburn, Director of Personnel, made a report on union negotiations, and explained what the union was seeking. Mr. Mike Lawrence, Business Agent for Teamsters Local 364, reported that no agreement had been reached as of this date. He indicated that fringe benefits were very im- portant in the present union negotiations. Council Member Horvath indicated he felt the Adminis- tration should hold the line on all administrative positions and give any money that would be available to the people in the lower income bracket. Council Member Kopczynski indicated he felt the City employees performed very well. He said it was high time emphasis was put on the hourly employees. Council Member Taylor indicated he thought special emphasis needs to be placed on the lower income bracket. Council Member Dombrowski made a motion to resolve into the Committee of the Whole, seconded by Council Member Adams. The motion carried. COMMITTEE OF THE WHOLE Be it remembered Whole on Monday, presiding. BILL NO. 51 -77 that the Common Council of the City of South Bend met in the Committee of the May 23, 1977, at 6:25 p.m., with nine members present. Chairman Frank Horvath A BILL APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF PER- TAINING TO BERTRAND PRODUCTS, INC. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Kenneth Fedder, attorney for the Economic Development Commission, made the presention for the bill. He said that the Economic Development Commission had unanimously passed a resolution approving this facility. He said this will be to construct and equip a $475,000 manufacturing plant for precision parts. Council Member Adams made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA (1829 S. IRONWOOD) . Since there was.no one in the Chambers to make a presentation for this bill, it was continued un- til later on in the meeting. BILL A BILL DESIGNATING AND ESTABLISHING AN HISTORIC LANDMARK UNDER ORDINANCE NO. 5565 -73, AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND (UNION STATION). This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. John Oxian, President of the Historic Preservation Commission, made the presentation for the bill. He said they would like to declare Union Station a landmark. He said there was a resolution passed on this, but under the resolution the Commissio has no jurisdiction as to what can be done to the building. He said through ordinance, the Com- mission would have imput into the facade of the building. Council Member Dombrowski made a motion to recommend this bill to the Council favorable, seconded by Council Member Adams. Council Member Horvath asked what restrictions would be put on the developer, if this is made into a mini -mall. Mr. Oxian indicated the restrictions would be very lenient, but if major changes were to be done, the Commission would like to see how they would fit into the overall plan of the building. Counci President Parent indicated that the developers of this mini -mall were interested in the preserva- tion of historic buildings. The motion carried. REGULAR MEETING MAY 23, 1977 REGULAR MEETING (CONTINUED) BILL A BILL.DESIGNATING AND ESTABLISHING AN HISTORIC LANDMARK UNDER ORDINANCE NO. 5565 -73, AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND (803 N. NOTRE DAME). This being the time heretofore set for public hearing on the above,bill, proponents and opponent: were given an opportunity to be heard. Mr. John Oxian, President of the Historic Preservation Society, made the presentation for the bill. He said this fire station might be renovated and the Commission would like to have some imput into renovations. Council President Parent indicate this building has a lot of historic value. He made a motion to recommend this bill to the Counc: favorable, seconded by Council Member Kopczynski. The motion carried. BILL NO. 28 -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) (PART OF THE NORTHEAST CORNER OF SAMPLE AND MAYFLOWER RD) . This being the time heretofore set for public hearing on the above bill, proponents and opponent were given an opportunity to be heard. Mr. Gerard Feeney, attorney for the petitioners, made the presentation for the bill. He said the petitioners planned to construct a.one story funeral home. Council Member Szymkowiak indicated that this would be a big asset to the Community and will be upgrading the area. He made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. BILL NO. 33 -77 A BILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 40, MUNICIPAL CODE) (3628 EDISON RD.). This being the time heretofore set for public hearing on the above bill, proponents and opponent: were given an opportunity to be heard. Dr. Lawrence Curry, 51471 N. Ironwood, made the presenta- tion for the bill. He said he purchased this property for the purpose of operating a doctor's office. He said that he was a general practitioner. Council President Parent asked if he in- tended to maintain the structure as it is. Dr. Curry said that the interior would be remodeled and improvements would be made to the exterior, but basically the structure will remain as it stands. Council Member Kopczynski made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 37 -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) (4210 LINCOLN WAY WEST). This being the time heretofore set for public hearing on the above bill, proponents and opponent: were given an opportunity to be heard. Mr. Lloyd Allen, attorney for the petitioners, made the presentation for the bill. He said this was to expand the facilities at Beacon Bowl. He said this expansion will cost approximately $25,000. He described the surrounding area. He said thei will be eighty additional parking spaces with a buffer zone. Mr. David Wells, Bureau of Adminisl tion and Design, indicated that part of this property was in the county. Mr. Don Smith, the engineer for the project, indicated that the City line follows the property line, and this pro- perty was in the City. Council Member Adams made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. 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 BEGIN- NING JANUARY 1, 1977, AND ENDING SEPTEMBER 30, 1977, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This being the time heretofore set for public hearing on the above bill, proponents and opponent! were given an opportunity to be heard. Mr. Elroy Kelzenberg, Director of the Bureau of Employ- ment and Training, made the presentation for the bill. He said this budget was for the CETA summer youth program. He indicated he had submitted a revised budget due to the Department of Labor requesting that administrative activities be proportionately divided among all grants. He said the new budget has a section for Indirect Administration, in addition to Direct Administra- tion. He requested the following amendments be made - Add Indirect Administration for a total of $14,500, change total Administrative cost to $80,972; Wages - amend account 120 463 to $55,20( account 120 465 amend to $291,800 for a.total of $391,000; Fringe - Social Security sub -total to $22,875, Workmen's Comp to $3,125, sub -total fringe $26,000; Services - account 110 763 to $13,4, account 110 765 to $70,560, total 0100 $84,000, account 213 -753 to $5,131, total 0200 $6,731, account 620 760 to $4,920, account 640 760 to $840, total 0600 $5,760, total Services $96,491. Council President Parent made a motion to amend the bill as outlined by Mr. Kelzenberg, seconded by Council Member Serge. The motion carried. Ms. Barbara Schankerman, 1615 Rockne Dr., indicate she had learned that CETA employees had provided entertainment at a public function, and wanted to know if this was available to all not- for- profit organizations. Mr. Kelzenberg indicated that any organization could request this and they would work in conjunction with them. Ms. Schankermz indicated that she felt most organizations did not know about this. Mr. Kelzenberg indicated he welcomed the suggestion that this be given publicity. Council Member Dombrowski made a motion to recommend this bill, as amended, to the Council, seconded by Council Member Taylor. The motic carried. a- REGULAR MEETING - MAY 23, 1977 COMMITTEE OF THE WHOLE MEETING (CONTINUED BILL NO. 50 -77 A BILL APPROPRIATING $10,000 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING FOR VARIOUS HUMAN RESOURCES PRO- GRAMS TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF ADMINISTRATION AND FINANCE. 173 This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Peter Mullen, City Controller, made the presentation for the bill. He said that CANCO was a relatively new organization located in the Family Center in Mishawaka. He said this appropriation was to continue a program established in 1976, to at- tempt to address the growing problem of child abuse and neglect. He said they are primarily supported through Junior League and are asking for Revenue Sharing funds to help support the pro- gram. Dr. Edward.Gergesha, Chairman of CANCO, said they had dealt with 130 abused children withi: the City and County. He gave the statistics on abused children. Council Member Adams asked if it was possible for the Council to appropriate money that has not as yet been received. Mr. Mullen indicated that the Council could appropriate money that the City had been certified to receive. Council President Parent indicated he thought this program was being operated in an excellent manner and that he was proud to make a motion that this bill be recommended to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 52 -77 A BILL APPROPRIATING $10,627.00 FROM THE URBAN REDEVELOPMENT FUND FOR VARIOUS REDEVELOPMENT PROGRAMS TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF REDEVELOP - MENT. This being the time heretofore set for public were given an opportunity to be heard. Mr. Wa made the presentation for the bill. He said t Department to perform appraisals and miscellan to the Urban Redevelopment Fund. Council Memb to their salary. Mr. Brownell said this was c recommend this bill to the Council favorable, ried. BILL NO. 53 -77 hearing on the above bill, proponents and opponents yne Brownell, Executive Director of Redevelopment, his bill is to permit personnel of the Redevelopmen eous duties for the City and to charge their time er Adams indicated this would not be in addition orrect. Council Member Serge made a motion to seconded by Council Member Taylor. The motion car- A BILL APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, AND (1) GATES CHEVROLET CORP., SOUTH BEND, INDIANA, AND (2) INTERNATIONAL HARVESTER CO., SOUTH BEND, INDIANA, FOR THE PURCHASE OF CERTAIN MOTOR VEHICLES IN THE TOTAL AMOUNT OF $39,743.86. This being the time heretofore set for public hearing on the above bill, proponents andopponents were given an opportunity to be heard. Mr. Ronald Budzinski, Fiscal Officer for the Bureau of Water, made the presentation for the bill. He said this bill was to approve the purchase of eight new vehicles for the Bureau of Water. Council Member Dombrowski indicated the Council had asked the Administration to look into the purchase of vehicles from the Police Department when they are being traded in, the Police Department is buying twenty -six automobiles, so twenty -six will be traded in. He said the maiority of these cars are in aood shape -. He made a motion to amend the title to read $29,699.29, delete the t total to $13,709.07, change the total to $29,59 asked that the Water Works be given first prior will be traded in. Council Member Kopczynski i were being sold to other cities for police work Council Member Miller asked how much trade in w the maximum was approximately $1,700. Council be left in this ordinance to buy the three cars police cars were traded in it would be very wis tion. Mr. Mullen indicated that the City does Kopczynski asked how much the fleet has grown i that if it has increased it has increased only indicated it was wise to use the police cars in taken on the motion and it passed by a vote of Dombrowski, Horvath and Parent) and four nays Council President Parent made a motion to recom seconded by Council Member Adams. The motion c BILL NO. 54 -77 free 1977 Novas at $10,044.57, change the sub - a.29, Council Member Adams seconded the motion and Lty to pick out three of the twenty -six cars that idicated the police were trading in cars that , so apparently the cars are not in bad shape. is received for these cars. Mr. Mullen indicated Rember Miller indicated that perhaps $5,500 should Council Member Horvath indicated that once the for the City to buy back the ones in good condi- )uy a great deal of them back. Council Member 1 the last year and a half. Mr. Mullen indicated :hree or four vehicles. Council Member Szymkowiak other City departments. A roll call vote was :ive ayes (Council Members Kopczynski, Adams, :ouncil Members Serge, Szymkowiak, Miller, Taylor) :lend this bill to the Council favorable, as amendec irried. A BILL APPROPRIATING $195,000.00 FROM COMMUNITY DEVELOPMENT GRANT FUND FOR VARIOUS PUBLIC WORKS PROGRAMS TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC WORKS. This being the time heretofore set for public hearing on the above 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 the Community Development Program allotted a total of $320,00 toward street improvements, and of this amount $125,000 was appropriated last September, leaving a balance of $195,000. He said this appropriation will serve to compliment the previously ap- propriated MVH and Revenue Sharing Funds, thus allowing the Bureau of Streets to proceed with their proposed 1977 program. Council Member Dombrowski made a motion to recommend this bill to the Council favorable, seconded by Council Member Adams. The motion carried. W REGULAR MEETING MAY 23, 1977 COMMITTEE OF THE WHOLE MEETING (CONTINUED BILL NO. 55 -77 A BILL APPROPRIATING $2,000.00 FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND, LINE ITEM 260.0, $418,000 FROM THE LOCAL ROAD AND STREET FUND, AND $275,000 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND TO PROJECT R &S 68, IRONWOOD DRIVE IMPROVEMENTS, WITHIN THE LOCAL ROADS AND STREETS FUND. 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 made the presentation for the bill He said this bill would allow for improvements of Ironwood Drive, from Edison Road north to State Road 23. He said there are six small parcels which must be purchased in order to commence with the construction, and it was estimated that $20,000 will be utilized for this purpose. He said Ironwood Road will be widened to a five -lane facility, including a center turn lane. He said storm sewers will be installed the entire length of the project. Council President Parent asked if this included the construction of the curbs. Mr. McMahon indicated it did. Council Member Dombrowski made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. BILL NO. 56 -77 A BILL APPROPRIATING.$233,000.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND. 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 made the presentation for the bill. He said this appropriation would enable his department to enter into a contract for the repair of sanitary sewers located on Johnson Street, between Lincoln Way West and Fassnacht Street. He said after visually inspecting and reviewing the condition of this sewer, they concurred with the Bureau of Sanitation's request that it be replaced. He said due to the size and nature of the project, plans and specifications have been prepared for the bidding of this work. He said this segment of Johnson Street is.also included in the storm sewer program currently under contract in the Model Cities Neighborhood. He said they had chosen to delete the storm sewer installation proposed under the Model Cities contract from that particular contract and have it added to the proposed contract for the repair of the sanitary facilities, thus placing all work on Johnson Street under the control of a single contractor. Council Member Szymkowiak made a motion to re- commend this bill to the Council favorable, seconded by Council Member Adams. The motion carried.. BILL NO. 57 -77 A BILL APPROPRATING $6,500.00 FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND, LINE ITEM 260.0, AND $58,500.00 FROM THE LOCAL ROAD AND STREET FUND TO PROJECT R &S 92, RIVERSIDE DRIVE IMPROVEMENTS, WITHIN THE LOCAL ROAD AND STREET FUND. 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 made the presentation for the bill. He said this will _ enable the Department of Public Works to enter into a contract for the re- construction of Riverside Drive for a distance of approximately 1,000 feet at its intersection with Northview Drive. He said the roadway at this location is a goodobal sharper than those en- countered on the roadway north of the location, and as a result, during inclement weather, it is not uncommon that southbound drivers will lose control of their vehicles and leave the roadway. He said the reconstruction of this section of roadway will result in a more gradual and better defined curve. Council Member Serge made a motion to recommend this bill to.the Council favorabl( seconded by Council Member Dombrowski. The motion carried. BILL NO. 58 -77 A BILL APPROPRIATING $11,500.00 FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND, LINE ITEM 260.0, AND $103,500.00 FROM THE LOCAL ROAD AND STREET FUND TO PROJECT R &S 93, EDISON ROAD IMPROVEMENT, WITHIN THE LOCAL ROAD AND STREET FUND. 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 will allow for the Board of Public Works to enter into a construction contract for the widening and reconstruction of Edison Road from Ironwood Drive to Hickory Road. He said this existing roadway is in a very poor state of repair. He said it was proposed that curbing and widening be installed in those areas along this section where presently do not exist, and that the entire roadway be resurfaced. He said that Mishawaka has indicated an interest in redesigning and possible signalization of the intersection of Hickory and Edison roads, and that thetotal appropriation includes monies sufficient to address ap- proximately one - quarter of this estimated reconstruction activity. Council Member Kopczynski asked how priorities were established for projects. Mr. McMahon indicated that on this project they had received a number of complaints and the road was in extremely bad condition. Council Member Dombrowski made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. Since no one was in the Chambers to make the presentation for the rezoning at 1829 S. Ironwood, Council President Parent made a motion to continue the public hearing until June 13, 1977, seconded by Council Member Dombrowski. The motion carried. Council Member Kopczynski made a motion to rise and report to the Council and recess, seconded by Council Member Dombrowski. The motion carried, and the meeting was recessed at 8:04 p.m. ATTEST: CITY CLERK ATTEST: REGULAR MEETING MAY 23, 1977 REGULAR MEETING RECONVENED Be it remembered that the regular meeting of the Common Council of the City of South Bend, reconvened in the Council Chambers on the fourth floor of the County -City Building at 8:22 p.m., Council President Parent presiding andrine members present. BILLS, SECOND READING ORDINANCE NO. 6145 -77 AN ORDINANCE APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE AND INDUSTRIAL DE- VELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO BERTRAND PRO- DUCTS, INC. This bill had second reading. Council Member Taylor made a motion to pass the bill, seconded by Council Member Szymkowiak. The bill passed by a roll call vote of nine ayes. BILL A BILL AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA (1829 S. IRONWOOD). Council Member Adams made a motion to continue public hearing on this bill until June 13, 1977, seconded by Council Member Dombrowski. The motion carried. ORDINANCE NO. 6146 -77 AN ORDINANCE DESIGNATING AND ESTABLISHING AN HISTORIC LANDMARK UNDER ORDINANCE NO. 5565 -73, AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND (UNION STATION). This bill had second reading. Council Member Taylor made a motion to pass the bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6147 -77 AN ORDINANCE DESIGNATING AND ESTABLISHING AN HISTORIC LANDMARK UNDER ORDINANCE NO. 5565 -73, AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND (308 N. NOTRE DAME). This bill had second reading. Council Member Taylor made a motion to pass the bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6148 -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) (PART OF THE NORTHEAST CORNER OF SAMPLE AND MAYFLOWER RD). This bill had second reading. Council Member Kopczynski made a motion to pass this bill, sec by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6149 -77 AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 40, MUNICIPAL CODE) (3628 EDISON ROAD). This bill had second reading. Council Member Adams made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6150 -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) (4210 LINCOLNWAY WEST) . This bill had second reading. Council Member Adams made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6151 -77 AN ORDINANCE 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, INCLUDING ALL OUT- STANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This bill had second reading. Council Member Adams made a motion to amend the bill as amended in the Committee of the Whole, seconded by Council Member Dombrowski. The motion carried. Council Member Adams made a motion to pass the bill, as amended, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6152 -77 AN ORDINANCE APPROPRIATING $10,000 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING FOR VARIOUS HUMAN RESOURCES PROGRAMS TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPART- MENT OF ADMINISTRATION AND FINANCE. This bill had second reading. Council Member Adams made a motion to pass the bill, seconded by Council Member Taylor. The bill passed by a roll call vote of nine ayes. Wi REGULAR MEETING MAY 23, 1977 REGULAR MEETING RECONVENED (CONTINUED) ORDINANCE NO. 6153 -77 AN ORDINANCE APPROPRIATING $10,627.00 FROM THE URBAN REDEVELOPMENT PROGRAMS TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF REDEVELOPMENT This bill had second reading. Council Member Adams made a motion to pass the bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6154 -77 AN ORDINANCE APPROVING A CONTRACT BE BUREAU OF WATER OF THE CITY OF SOUTH AND (1) GATES CHEVROLET CORP., SOUTH AND (2) INTERNATIONAL HARVESTER CO., INDIANA, FOR THE PURCHASE OF CERTAIN IN THE TOTAL AMOUNT OF $29,699.29. rWEEN THE BEND, INDIANA, BEND, INDIANA, SOUTH BEND, MOTOR VEHICLES This bill had second reading. Council Member Adams made a motion to amend the bill, as amended, in the Committee of the Whole, seconded by Council Member Dombrowski. The motion carried. Counci: Member Taylor made a motion to pass the bill, as amended, seconded by Council Member Dombrowski. The bill passed by a roll call vote of seven ayes (Council Members Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent) and two nays (Council Members Serge and Szymkowiak). ORDINANCE NO. 6155 -77 AN ORDINANCE APPROPRIATING $195,000.00 FROM THE COMMUNITY DEVELOPMENT GRANT FUND FOR VARIOUS PUBLIC WORKS PROGRAMS TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC WORKS. This bill had second reading. Council Member Adams made a motion to pass the bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6156 -77 AN ORDINANCE APPROPRIATING $2,000.00 FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND, LINE ITEM 260.0, $418,000.00 FROM THE LOCAL ROAD AND STREET FUND, AND $275,000.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND TO PROJECT R &S 68, IRONWOOD DRIVE IMPROVEMENTS, WITHIN THE LOCAL ROADS AND STREETS FUND. This bill had second reading. Council Member Taylor made a motion to pass the bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6157 -77 AN ORDINANCE APPROPRIATING $233,000.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND. This bill had second reading. Council Member Adams made a motion to pass the bill, seconded by Council Member Horvath. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6158 -77 AN ORDINANCE APPROPRIATING $6,500.00 FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND, LINE ITEM NO. 260.0, AND $58,500.00 FROM THE LOCAL ROAD AND STREET FUND TO PROJECT R &S 92, RIVERSIDE DRIVE IMPROVEMENTS, WITHIN THE LOCAL ROAD AND STREET FUND. This bill had second reading. Council Member Adams made a motion to pass the bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6159 -77 AN ORDINANCE APPROPRIATING $11,500.00 FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND, LINE ITEM NO. 260.0, AND $103,500.00 FROM THE LOCAL ROAD AND STREET FUND TO PROJECT R &S 93, EDISON ROAD IMPROVEMENT, WITHIN THE LOCAL ROAD AND STREET FUND. This bill had second reading. Council Member Adams made a motion to pass the bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION. 559 -77 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RECOGNIZING THE WORK OF THE POLICE MERIT BOARD OVER THE PAST EIGHTEEN MONTHS AND REDEDICATING THE COUNCIL EFFORTS FOR THE IM- PLEMENTATION OF AN OBJECTIVE MERIT SYSTEM OF PRO - MOTION FOR THE BUREAU OF POLICE. WHEREAS, the Common Council of the City of ,South Bend passed by a 9 to 0 vote an ordinance establishing a Promotion merit system for the Bueau of Police; and WHEREAS, since the passage of that ordinance, the Police Merit Board has diligently and affirmatively worked for the.past eighteen months to implement a plan for job tenure and the promotion of police officers on the basis of merit and fair and equitable qualifications; and WHEREAS, the need for an objective and fair merit system has been affirmatively recognized by the Police Merit Board, the Chief of Police, the Common Council, and several other concerned individuals; and REGULAR.MEETING MAY 23, 1977 REGULAR MEETING RECONVENED (CONTINUED) WHEREAS, the Common Council sees the need to rededicate its efforts to the Police Merit Board by continuing to support it in the implementation of a workable and an equitable system for the Bureau of Police. NOW, THEREFORE, BE IT RESOLVED by the.Common Council of the City of South Bend, Indiana: SECTION I: That the Common Council hereby rededicates its support in and assurance to the Police Merit Board that the goals and objectives on which the merit system of Promotion are founded, will be faithfully carried forward. SECTION II: That the Common Council accepts the recommendation of the Merit Board to in- clude as advisory members a representative of the Fraternal Order of Police and a representative from Police Management. SECTION III: That the Common Council supports all efforts to enhance better communications; to increase and more effectively use suggestions and research of the police department committee: police officers, professional research persons, and all other groups contributing toward the improvement of the system. SECTION IV. That the Common Council recommends that the Police Merit Board proceed ahead with all deliberate speed in the task of further professionalizing the Bureau of Police and with the assurance and the confidence of this legislative body. SECTION V. That this resolution shall be in full force and effective from and after its adoption by the Common Council and approval by the Mayor. /s /Robert G. Taylor Member of the Common Council /s /Joseph T. Serge Member of the Common Council /s/Roger 0. Parent Member of the Common Council /s /Richard C. Dombrowski Member of the Common Council /s/ Mary Christine Adams Member of the Common Council /s/ Terry S. Miller Member of the Common Council /s/ Frank Horvath Member of the Common Council /s/ Walter T. Kopczynski Member of the Common Council /s/ Walter M. Szymkowiak Member of the Common Council A public hearing was held at this time on the resolution. Council Member Taylor indicated that the resolution stated several things, such as, the Council rededicates its support in and as- surance to the Police Merit Board that the goals and objectives on which the merit system of promotion are founded, will be faithfully carried forward; that the Council accepts the recom- mendation of the Merit Board to include as advisory members a representative of the Faternal Orde of Police and a representative from Police Management; the Council supports all efforts to en- hance better communications; to increase and more effectively use suggestions and research per- sons, and all other groups contributing toward the improvement of the system; the Council re- commends that the Police Merit Board proceed ahead with all deliberate speed in the task of further professionalizing the Bureau of Police and with the assurance and the confidence of this legislative body. He said the Council in the past, present and future has always taken a positio of very strong leadership and is supporting the Police Merit Board. He said one of the concerns of Council is that there is no more delay than necessary. He said they do not feel they have received the necessary support from the Mayor's office, that should have been received. He said the Council hoped that the implementation of this program can be brought about as quickly as pos- sible. Council Member Horvath indicated that he supported this resolution, and he reffered to Section IV that says with all deliberate speed. Council Member Dombrowski indicated that this should be done as quickly as possible. He said he would like to have it completed by the end of the year. Council Member Adams indicated she would like to have the Board report to the Council quarterly, with the first report in August. Council President Parent directed the Clerk's to call the chairman of the Board, and inform him of this request. Council Member Adams made a motion to adopt this resolution, seconded by Council Member Dombrowski. The resolution was adopt, by a roll call vote of nine ayes. RESOLUTION NO. 560 -77 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE ISSUANCE AND SALE OF PARK DISTRICT BONDS OF THE BOARD OF PARK COMMISSIONERS OF THE PARK DISTRICT OF THE CITY OF SOUTH BEND, SOUTH BEND, INDIANA, FOR THE PURPOSE OF PROVIDING FUNDS TO BE APPLIED ON THE CONSTRUCTION OF A LIGHTED BASEBALL FIELD AT BELLEVILLE PARK, THE DEVELOPMENT OF PAUL F. BOEHM PARK (EDISON ROAD), THE REPLACEMENT OF THE IRRIGATION SYSTEM AT ERSKINE GOLF COURSE, THE CONSTRUCTION OF TENNIS COURTS AT RIVER- SIDE MANOR AND VOORDE PARKS, THE LIGHTING OF TENNIS COURTS AT MARSHALL FIELD, AND THE COMPLETE RENOVATION OF POTAWATOMI PARK ZOO LOCATED IN POTAWATOMI PARK, A PUBLIC PARK WITHIN THE CITY OF SOUTH BEND, INDIANA. WHEREAS, the Board of Park Commissioners of the Park District of the City of South Bend has determined to take the necessary steps for the construction of a lighted baseball field at Belle- ville Park, the development of Paul F. Boehm Park (Edison Road), the replacement of the irrigation system at Erskine Golf Course, the construction of tennis courts at Riverside Manor and Voorde Parks, the lighting of tennis courts at Marshall Field, and for the complete renovation of Potawatomi Park Zoo located in Potawatomi Park, a public park within the CIty of South Bend, Indiz and Nn 11 REGULAR MEETING MAY 23, 1977 REGULAR MEETING RECONVENED (CONTINUED WHEREAS, a petition has been filed under the provisions of Chapter 119 of the Indiana Acts of 1937 by more than fifty (50) owners of taxable real estate of the City of South Bend, Indiana, requesting said Board of Park Commissioners of the Park District of the City of South Bend to issue park district bonds for the purpose of providing funds to be applied on the construction of a lighted baseball field at Belleville Park, the development of Paul F. Boehm Park (Edison Road), the replacement of the irrigation system at Erskine Golf Course, the construction of tennis courts at Riverside Manor and Voorde Parks, the lighting of tennis courts at Marshall Field, and for the complete renovation of Potawatomi Park Zoo located in Potawatomi Park, and on the payment of the incidental expenses in connection therewith and on account of the issuance of bonds there - fore;and WHEREAS, the Common Council finds that the construction of such park and park development and the complete renovation of Potawatomi Park Zoo by the Board of -Park Commissioners of the City of South Bend, Indiana, is in the best interest of and will be for the general benefit of the Cit, and its citizens; and WHEREAS, it is necessary for there to be an appropriation in an amount not to exceed Two Million One Hundred Seventy Thousand Dollars (2,170,000.00), in order that the above projects proceed. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana: That the proposed issuance of park district bonds by the Board of Park Commissioners of the Park District of the City of South Bend, Indiana, in an amount not to exceed Two Million One Hundred Seventy Thousand Dollars (2,170,000.00), the purpose of which is to provide funds to be applied on the construction of a lighted baseball field at Belleville Park, the development of Paul F. Boehm Park (Edison Road), the replacement of the irrigation system at Erskine Golf Course, the construction of tennis courts at Riverside Manor and Voorde Parks, the lighting of tennis courts at Marshall Field, and for the complete renovation of Potawatomi Park Zoo, a public park within the City of South Bend, Indiana, is hereby approved. Passed and adopted by the Common Council of the City of South Bend, Indiana, on the 23 day of May 1977. /s/ Mary Christine Adams Member of the Common Council A public hearing was held at this time on the resolution. Mr. James Seitz, Superintendent of Public Parks, introduced Mr. Thomas Broden, Jerry Hubner, members of the Park Board, as.well as Allen Schrager, attorney for the Park Board. He said the Park Board is deeply concerned about the zoo. He said the response from the citizens of South Bend was overwhelming in their approval of the bond issue., He said the 11,388 persons who signed the bond petition clearly indicated they want a zoo in South Bend and that they want the other projects listed in the bond issue. He said the passage of the Animal Welfare Act of 1970 requires zoos to be licensed, and that Potawatomi is faced with either fixing the zoo or closing it down. He said in looking toward the future the Board decided to spend enough money to obtain a complete zoo which will meet the Federal requirements now and in the future. He said he had met with Dr. McCraley, County Health Officer, and reviewed the plans for the new zoo. He said Dr. McCraley made some recommendations that they will incorporate into the new plans. He said bond issues are expensive to prepare and sell and are very time consuming. He said it costs no more to sell bonds for $1.5 million than $225,000 and in his opinion it would be poor judgment and no doubt more expensive to sell bonds for $225,000 and try to improve the zoo on a piecemeal basis. He said that some trees will have to be removed for construction at the zoo, but the zoo plan calls for the planting of over one hundred trees and thousands of shrubs. Mrs. Irene Mutzl, 320 Parkovash, spoke against the bond issue. She indicated that seepage does flow into the St. Joseph River from the zoo. She in- dicated the three or four months the Park Board had to obtain signatures for the bond issue, against the thirty days to get remonstrator's signatures was not fair. She asked what the Counci: was prepared to cut out if they voted favorably for the resolution, because she was sure they were interested in keeping the tax rate as low as possible. She also asked how the bond issue would make the City a better place to live. Mrs. Judy Olson, 1641 Vernerlee Lane, spoke in favor of the bond issue, as a member of the Zoological Society. She said the 175,000 people who visit the zoo deserve a good zoo. Mr. Darrold Kollar, 2113 Hastings St., spoke against the bond issue. He said there were other projects in South Bend that should have priority over animals. Council Member Taylor indicated both sides had an opportunity to express themselves and it showed beyond any kind of a doubt that the majority of the people favor the necessary improvements to the zoo. He said in response to Mrs. Mutzl's question, we have to be interested in the quality of life in the City. He said you measure a city by basic.services, but you also measure it by its parks. He said the Council will scrutinize the entire City budget and wherever they can save money they will do it. Council Member Adams indicated that last year the Council cut the budget below the frozen tax rate. Council President Parent said he thought the zoo is probably the least expensive park activity, looking at the total number of people that are served by that park. He said he supported the bond issue and commended the Park Board, private organiza- tions and citizens that worked on this. Council Member Horvath made a motion to adopt this resolution, seconded by Council Member Szymkowiak. The resolution passed by a roll call vote of nine ayes. RESOLUTION NO. 561 -77 A RESOLUTION TO FREE A LIABILITY IN THE OFF - STREET PARKING REVENUE BOND FUND TO THE GENERAL FUND OF THE CITY. WHEREAS, the Off - Street Parking Revenue Bond Fund, as of the most recent auditing of its accounts, has been shown to be indebted to the General Fund of the City of South Bend, in the amount of one hundred and fourteen thousand, two hundred and six dollars ($114,206.00) charged to the On- Street Parking Meter Fund for services performed by the South Bend Meter Maids in controlling the use of metered parking spaces in the downtown area; and, MW REGULAR MEETING MAY 23 1977 REGULAR MEETING RECONVENED (CONTINUED) WHEREAS, the salaries of the meter maids are in actuality paid from the funds budgeted for the South Bend Police Department and are not appropriated out of the On- Street Parking Meter Fu and, WHEREAS, the recording of this accounts payable of one hundred fourteen thousand, two hundr and six dollars ($114,206.00) on the financial statement of the Off - Street Parking Revenue Bonds Fund has the tendency to represent that the new worth of the Off - Street Parking Revenue Bonds Fu is less than the actual net worth of the Off- Street Parking Revenue Bonds Fund; and WHEREAS, the present and potential holders of bonds backed by the revenues of the Off -Stree Parking Revenue Bonds Fund, for whose benefit the audit report is prepared, could misinterpret the financial picture of the Off- Street Parking Revenue Bonds Fund; and,. WHEREAS, the ability of the City to attract persons interested in purchasing bonds backed by the revenues of the Off- Street Parking Revenue Bonds Fund may thereby be limited. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, that: SECTION I. The liability of one hundred and fourteen thousand,. two hundred and six dollars ($114,206.00), recorded in the financial statement of the Off - Street Parking Revenue Bonds Fund as an accounts payable charged to the On- Street Parking Meter Fund for services of the meter maids, be freed to show no further liability toward the General Fund of the City. /s/ Mary Christine Adams Member of the Common Council A public hearing was held at this time on the resolution. He said since 1972 there has appeared an ever increasing payable in the General Fund of the City because of the practice-of charging the meter maid salaries and fringes back to the Parking Meter Fund. He said the practice of the city to budget these salaries and fringes through the Police Department seems reasonable since meter maids provide traffic control as a large part of their job assignments. He said if this resolution is passed they would discontinue the practice of budgeting these salaries in the Parking Meter Fund, and therefore would not incur further liabilities against the Off - Street Parking Bond assets. Council Member Adams indicated that usually when you take money away, you have to put it somewhere. Mr. Mullen indicated they were excusing the liability. Council Member Szymkowiak made a motion to adopt this resolution, seconded by Council Member Taylor. The resolution was adopted by a roll call vote of eight ayes and one nay (Council Member Kopczynski). BILLS, FIRST READING BILL NO. 59 -77 A BILL AMENDING CHAPTER 5, ANIMALS, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Adams made a motion to send this bill to the Committee of the Whole for a report and set it for public hearing and second reading June 27, 1977, seconded by Council Member Kopczynski. The - motion carried. BILL NO. 60 -77 A BILL AMENDING CHAPTER 6, GENERALLY KNOWN AS THE BUILDING ORDINANCE, REGULATING THE ERECTION, CON- STRUCTION, ENLARGEMENT, OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA, AND MAINTENANCE OF BUILDINGS OR STRUCTURES REGULATING AND CONTROLLING THE DESIGN, CONSTRUCTION, INSTALLATION, QUALITY OF MATERIALS, LOCATION, OPERATION, AND MAINTENANCE OF HEATING, VENTILATING, COOLING, REFRIGERATION SYSTEMS, IN- CINERATORS AND OTHER MISCELLANEOUS HEAT - PRODUCING APPLIANCES; REGULATING AND CONTROLLING THE ERECTION, INSTALLATION, ALTERATION, ADDITION, REPAIR, RE- LOCATION, REPLACEMENT, MAINTENANCE OR USE OF ANY PLUMBING SYSTEM; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREOF, DECLARING AND ESTABLISHING FIRE DISTRICTS; PROVIDING PENALTIES FOR THE VIOLATION THEREOF, AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading June 13, 1977, seconded by Council Member Dombrowski. The motion carried. BILL NO. 61 -77 A BILL AMENDING CHAPTER 8 GENERALLY KNOWN AS THE ELECTRICAL CODE, REGULATING THE INSTALLATION OF ELECTRICAL CONDUCTORS, FITTINGS, DEVICES, AP- PLIANCES AND FIXTURES WITHIN OR ON PRIVATE AND PUBLIC BUILDINGS AND PREMISES ;. PROVIDING FOR LICENSES, PERMITS UNDERGROUND CONDUITS AND PENALTIES. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading June 13, 1977, seconded by Council Member Kopczynski. The motion carried. 4 REGULAR MEETING MAY 23, 1977 REGULAR MEETING RECONVENED (CONTINUED) BILL NO. 62 -77 A BILL AMENDING CHAPTER 9, GENERALLY KNOWN AS THE FIRE PREVENTION ORDINANCE,,'REGULATING AND SETTING STANDARDS FOR SAFEGUARDING OF LIFE AND PROPERTY FROM THE HAZARDS OF FIRE AND EXPLOSION ARISING FROM THE STORAGE, HANDLING AND USE OF HAZARDOUS SUBSTANCES, MATERIALS AND DEVICES, AND FROM CONDITIONS HAZARDOUS TO LIFE OR PROPERTY, IN THE USE OR OCCUPANCY OF BUILDINGS OR PREMISES: SETTING STANDARDS IN DETERMINING THE ACCEPT- ABILITY OF INSTALLATIONS OR PROCEDURES, EQUIPMENT OR MATERIALS IN THE USE OR OCCUPANCY OF BUILDINGS OR PREMISES; PROVIDING FOR A FIRE BOARD OF APPEALS; PROVIDING FOR BONFIRE, TRASH OR RUBBISH FIRES ;:!AND PROVIDING PENALTIES. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading June 13, 1977, seconded by Council Member Dombrowski. The motion carried. UNFINISHED BUSINESS Mr. Patrick McMahon, Director of Public Works, indicated the Council had recently approved the sale of City -owned lots and he would like the Council to grant permission to use a City employee for appraisals, with the exception of the Niles Street Property. Council President Parent indic that in the future when there is a resolution before the Council this should be included. Counc Member Dombrowski made a motion approve the use of a City employee to make the appraisals, secon by Council Member Horvath. The motion carried. RESOLUTION NO. 558 -77 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA FORMALIZaNG_ THE INTENT OF THE COUNCIL WITH REGARDS TO THE ACQUISITION OF CLAY UTILITIES AS PROPOSED BY THE'_:_MAYOR OF SOUTH BEND. Council President Parent indicated this resolution was vetoed by the Mayor. He presented the following reasons for the support of Resolution No. 558 -77: Since the topic of acquiring Clay Utilities was initially introduced to the Common Council, it took the stand that contributions in aid of construction and a high interest rate should not be included in the overall purchase price. The Council maintains that position and has never deviated from it. State law obligates the Council to: (1) determine the necessity for acquiring the waterworks and sewage disposal facilities; and (2) determine whether the rental is fair and reasonable. It is therefore obligati to hear all of the evidence, and the balance and weigh all of the data in determining whether these two standards have been met. This process in and of itself necessitates the setting of policy in light of the data, economic and social principles, and the governing law. The Council made it quite clear that although there may be a necessity to acquire the Clay facilities, such acquisition would not be fair or reasonable if contributions in aid of construction and a high interest rate were included. The Mayor's May 16th letter advising the Council of his veto sets forth no additional reasons regarding principles, and in fact includes inaccurate information especially with regards to the cost of the referendum. It again fails to recognize the overridin, principles which the Council believes should govern this acquisition. Since sound public policy considerations and humanistic principles have governed all of the Council's deliberations on this proposed acquisition, it therefore supports the adoption of Resolution No. 558 -77 as another indication of its consistent stand. Council Member Horvath made a motion that his resolution be adopted, seconded " "by Council Member Dombrowski. After a brief discussion, it was decided that th, motion should be restated. Council Member Horvath made a motion to override the Mayor's veto of the resolution, seconded by Council Member Dombrowski. The Mayor's veto was overriden by a vote of seven ayes (Council Members Serge, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent) and two nays (Council Members Szymkowiak and Miller). REPORTS FROM AREA PLAN 1017 E. Jefferson Upon a motion by Rene Vandewalle, being seconded by Joseph Serge and unanimously carried, the peti- tion of Robert W. Dunfee, to zone from "B" Resi- dential, "C" Height and Area, to "C" Commercial, "C" Height and Area, property located at 1017 E. Jefferson Boulevard, City of South Bend, was withdrawn, as requested by the petitioner and his attorney. Council Member Kopczynski made a motion to strike this ordinance from the record, seconded by Council Member Dombrowski. The motion carried. 300 E. Ireland Rd. Upon a motion by Joseph Simeri, being seconded by Rene Vandewalle, and unanimously carried, the petition, as.amended, of Robert J. and Ann E. Basney, to zone from "C -2" Commercial, and "C" Commercial and "A" Residential, "A" Height and Area, to "C" Commercial, "D" Height and Area, property located at 300 E. Ireland Road, City of South Bend, is returned to the Common Council with a favorable recommendation, subject to the closing of the eastern driveway and extending the 40 feet landscaping buffer strip north to Ireland Road. A detailed landscape plan must be provided along with an agreement between the property owners and the South Bend Board of Public Works that owners will maintain in perpetuity, the landscape plan, and also subject to approval of a final site plan. REGULAR..- _MEETING _ -_ X2.3 19_7_Z REGULAR MEETING RECONVENED (CONTINUED) Council President Parent announced that Council Member Adams was chairman of the newly formed Utilities Committee, and Council Members Kopczynski and Miller were members of the committee. Council Member Adams asked Mr. Mullen, City Controller, when the Vendor's list would be ready. He indicated it would be ready sometime this week. There being no further business to come before the Council unfinished or new, Council Member Dombrowski made a motion to adjourn, seconded by Council Member Adams. The motion carried and the meeting was adjourned at 9:40 p.m. ATTEST: APPROVED: 4� (- i CITY CLERK PRESIDEN