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Home My WebLink About10-10-77 Council Meeting MinutesREGULAR MEETING OCTOBER 10, 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, October 10, 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 City Clerk Irene Gammon Swore in Mr. Frank Gootee to the TRANSPO Board of Directors. 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 re- port that it has inspected the minutes of the September 26, 1977 meeting of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. /s /Roger O. Parent /s /Mary Chris Adams Council Member Horvath made a motion that the minutes of the September 26, 1977, meeting of the Council be placed on file, seconded by Council Member Taylor. The motion carried. SPECIAL BUSINESS Mrs. Katie O'Hara, co- chairman of the Citizens' Committee on Riverside Parks Safety briefly covered the report the Committee had filed with the Council. Council President Parent thanked the Committee for a very thorough job. Council Member Adams made a motion to accept the report unchanged, seconded by Council Member Taylor. Council Member Kopczynski indicated he felt there was a need for a boat ramp near the dam. Mrs. O'Hara agreed with this, and indicated the Com- mittee had discussed this but had not put it in their report. Council Member Kopczynski made a motion that the report be amended to indicate that the rescue boat should have some provision ne the man in order to facilitate emergency rescue operations, seconded by Council Member Adams. Council Member Adams withdrew her motion to accept the report unchanged, and Council Member Taylor withdrew his second. The motion carried. Council Member Dombrowski made a motion to ac- cept the report, as amended, seconded by Council Member Taylor. The motion carried on a roll call vote of nine ayes. REPORTS Mr. Keith Crighton, Director of the Bureau of Housing gave a brief of the report he recently filed with the Council on the activities of the Bureau of Housing. Council Member Dombrowski made a motion to accept this report, seconded by Council MemberAdams. The motion carried. Council Member Adams made a motion to resolve into the Committee of the Whole, seconded.by Council Member Dombrowski. The motion carried. COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on Monday, October 10, 1977, at 7:28 p.m., with nine members present. Chairman Frank Horvath presiding. BILL NO. 146 -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 QUO VADIS, 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 presentation for the bill. He said this was a new corporation which has taken over the operation of an existing facility at 1611 Main. He said the Commission had ap- proved the resolution for financing. He said there will be ten to fifteen new employees in this restaurant. He said that Mr. Anastasio and the corporate attorney were in the Chambers to answer any questions. Council Member Szymkowiak made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 140 -77 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE LEASING OF WATERWORKS FACILITIES OF CLAY UTILITIES, INC. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mayor Peter J. Nemeth asked that the Council make a motion that proper notice of proof of publication is approved and ordered filed with the Clerk. Council President Parent made a motion to recess, seconded by Council Member Kopczynski. The motion fail( by a roll call vote of three ayes (Council Members Kopczynski, Horvath and Parent) and six nays (Council Members Serge, Szymkowiak, Miller, Taylor Adams and Dombrowski). Council Member Miller made a motion that Council understand that this has been published as required on September 16, 1977, seconded by Council Member Szymkowiak. Council President Parent asked the Council attorney if the actions taken by the City Clerk's office in regard to publication were correct. Miss Cekanski indicated the publications as attested by Irene Gammon, City Clerk, are correct. Council President Parent indicated he felt this was an attempt to disrupt this Council meeting. He said he would like to have a legal memorandum from the City Attorney as to whether the procedures the City Clerk's office is using in regard to publications are correct. The _motion carried. The Mayor indicated he would like to request that an amendment be made to add "and Clay Development Corp.," in Section I, after Clay Utilities, Inc., and in Section 4 after Clay Utilities, Inc., add and "Clay Development Corp." Council Member Szymkowiak made a motion to accept this amend- ment, seconded by Council Member Taylor. The motion carried, with Council President Parent op- posing. The Mayor said this was essentially the same ordinance that was before the Council pre- viously, except the price was lower. Council Member Horvath asked the meaning of "other funds" referred to in the agreement. Mayor Nemeth indicated that in the event the revenue was not suf- ficent to pay for extension of service, "other funds" could be used. REGULAR MEETING OCTOBER 10, 1977 COMMITTEE OF THE WHOLE MEETING Council Member Horvath asked if funds from the City Waterworks could be used to extend services. The Mayor indicated that they could be used. Mr. Phillip Barkley, 50690 Portage Road, said the last time he spoke on this purchase he posed a lot of questions and they have not been answered. He spoke against this purchase. He said changing the status as far as the City's ability to pro - vide services,.has no bearing whatsoever on th e pending annexation. He said that City taxpayers would help pay for this utility. He said there should be a fiscal plan developed before this utility is purchased. Mr. Frank Mulligan, 17250 McErlain, president of Clay Concerned Citizens, asked about the water rates. Mr. Robert Parker, Deputy City Attorney, indicated that water rates are established by the Public Service Commission. He said the present rate would pay the lease payments and generate a slight surplus. Mr. Mulligan asked how the acquisition of Clay Utilities enhances the City's propects of annexation. Mr. Parker indicated this was not a matter of annexa• tion. He said the question of annexation is not involved in this matter, just the purchase of Clay Utilities. Council Member Adams asked .why the Council was not told that this lease is not the same as the previous one. She questioned the fact that the City would be taking over the operi tion of the utility in approximately fifteen days after passage of the bill, even though all of the approvals have not been received for the purchase of the utility. She asked that paragraph thirteen be stricken from the lease, in order that the City will not be in the water business out• side of the City. Mr. Dan Manion, a local attorney, indicated he felt that it was an important factor that this was not the same lease ad the original one presented. He questioned the fact that one of the conditions for passage for this lease is that the sewer lease must also be passed Mr. Hank Waldron, 52610 Kenilworth Road, asked if the City couldforce a resident to use this utility. Mr. Parker indicated there was no way residents could be forced to hook on to the syste7 Mrs. Helen Pedtke, 19367 Glendale, questioned the rush to purchase the utility. Mr. Sam Kovacevi( 16607 Yorktown Road, asked if the City had the funds to purchase Clay Utilities. Mr. John Stancati, Director of Utilities, indicated that the City did not have the funds. He asked if they( would be a rate increase. Mr. Robert Parker, Deputy City Attorney, indicated there could possib. be a rate increase in the future. Mr. Kovacevich indicated there were too many unanswered questic Council Member Adams made a motion to delay this until October 24, so the Council could look at all the ramifications as to the City's responsibilities, seconded by Council Member Kopczynski Council Member Parent made a motion to restrict the discussion to the motion, seconded by Council Member Kopczynski. The motion carried. A roll call vote was taken on the motion to delay. It passed by a vote of five ayes (Council Members Serge., Kopczynski, Adams, Horvath and Parent) and four nays (Council Members Szymkowiak, Miller, Taylor and Dombrowski.) Council President Parent made a motion to recess, seconded by Council Member Kopczynski. No vote was taken on this motion BILL NO. 141 -77 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE LEASE OF SEWAGE DISPOSAL FACILITIES OF CLAY UTILITIES, INC. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mayor Peter J. Nemeth, made the presentation for the bill He said he would request that the same motion regarding the approval and ordering the filing with the Clerk's office of the notice of proof of publication. Council Member Adams made a motio to this effect, seconded by Council Member Kopczynski. The motion carried. The Mayor indicated he would request an amendment to the lease on page 11, section 13, line 11 and 14, where it says water furnished, strike and substitute the words "sewage treated." Council Member Miller made a motion to accept this amendment, seconded by Council Member Dombrowski. The motion carried. Council Member Adams made a motion to refer this to the Utilities Committee and continue public hearing and second reading until October 24, 1977, seconded by Council Member Kopczynski. Mr. Phillip Barkley, 50690 Portage Road, asked if a public hearing was going to be held on this bill. A lengthly discussion was held regarding having a public hearing on the bill. Council President Parent made a motion to continue public hearing until October 24. The motion failed for lack of a second. Chairman Horvath indicated he was going to let Mr. Barkley speak on this bill. Mr. Barkley indicated the City would not make any profit on the utility. Council Member Taylor made a motion to recess, seconded by Council President Parent. The motion carried and the meeting was recessed at 9:15 p.m., and reconvened at 9:30 p.m. Mr. Kevin Weinberg, 527 Summit Dr.', questione the parliamentary procedure regarding a motion on the floor. A lengthly discussion was held as to whether there should be public hearing on the bill. Council President Parent made a motion to rule Mr. Weinberg out of order. He said they were speaking to the motion to delay, and anyone could speak on that issue. There was no section to the motion. Chairman Horvath asked the Counc attorney for her opinion. Miss Cekanski, Council attorney, indicated that Mr. Weinberg could speak beyond the question of delay. Mr. Brunner, CityAttorney, indicated he concurred with Miss Cekanski. He said it was essential that there be a public hearing on this matter at this meeting Miss Cekanski said _ e would recommend that this meeting be opened to publichearing. Council Member Adams withdrew her motion, and Council Member Kopczynski withdrew his second. Mr. Dan Manion, local attorney, spoke against the bill and asked that it be delayed. Council Member Serge gave his reasons for changing his vote of purchase Clay. Council President Parent indicate that 1.2 million was still a realistic figure for this utility. Council Member Miller indicated he felt the purchase of Clay Utilities was good for "the City. Council Member Adams indicated tha there would be a Utilities Committee meeting on Tuesday, October 18, at 7:00 p.m. She asked the Administration to prepare a legal opinion regarding the legality of the companion leases, as well as the legal affect of paragraph 13. She made a motion to continue this bill until October 24, seconded by Council Member Kopczynski. The motion carried on a roll call vote of six ayes (Counc Members Serge, Taylor, Kopczynski, Adams, Horvath and Parent) and three nays (Council Members Szymkowiak, Miller and Dombrowski). BILL NO. 59 -77 A BILL AMENDING CHAPTER 5, ANIMALS, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Miss Kathy Cekanski, Council attorney, made the presenta- tion for the bill. She indicated she had been working with the Administration on the following amendments: Section 5 -1 (c) At Large: change to Not Within the Real Property Limits of the owner or .custodian of the animal. (.1) (2) remove "repeatedly "; (5) add "or domesticated animals "; (6) remove "unnecessarily "; (m) remove "or within the real property limits of its owner. "; Section S- in title remove "exception" and add "and Forbidding Cruelty to Animals "; add (c) "It shall be unlawful for any owner to fail to provide animals with sufficient good and wholesome food and wat proper shelter and protection from weather, needed veterinary care and humane treatment. It shal be unlawful -: for any person to inhumanely beat, torment, overload, overwork underfeed, abandon, o otherwise .abuse any animal." REGULAR MEETING OCTOBER 10, 1977 COMMITTEE OF THE WHOLE MEETING Section 5.5 (a) remove "four" add "six (6) "; (b) remove "cat or" "and" add "written proof of rabies vaccination (c) remove "and cats" (d) add "dog's) remove "animal's "• e) remove "and cats "; (g) remove "August" add "January" remove July add "December, add "The fee for licenses purchased after August 1st of each year shall be one -half of the applicable fee ", remove "There shall be no proration of the license fee for licenses purchased during the term of a licensing year. "; (1) change $10 to $5, remove (2), made (3) (2) change amount from $10 to $5, remove (4) made (5) (3) remove (6), change (7) to (4) remove (8) remove "or cat" add "written "; (i) change to "Any owner who fails to purchase a license(s) as required by this ordinance shall pay an additional ten dollars (10.00) charge which shall be added to the regular license fee, upon .notice of violation of this section. Upon conviction- of a violation of this ordinance, the owner also may be punished as provided in Section 5 -15. "; (k) remove "animal" add "dog" in three places; add a new section (1) "The licensing provisions of this section shall be free for all persons who are handicapped in sight or sound and need the assistance of a properly trained dog to aid them in going from place to place. "; Section 5 -6 (b) remove "health" add "humane "; Section 5 -7 (a) remove "All dogs shall be kept under restraint" add "No animal shall be permitted to run at large. "; Section 5 -8 (a) remove "Unrestrained dogs and nuisance" add "All" remove "shall" add "found to be at large may "; (c) remove "and cats" add "without "; (d) remove "and cats" add "with "; (e) Add "All other impounded animals (except dogs which are specifically covered herein) shall be under the authority of the animal shelter. They shall have the authorit: to take whever action is necessary with regards to adoption or euthanasia for such animals im- mediately after their impoundment. "; change (e) to (f) change fee from $15 to $5.00; change (f) to (g); change (g) to (h) remove "or cat" add "in accordance with this chapter "; change (h) to -(i); (j) add "If upon release, any animal is again found to be at large, the animal may be im- p_ounded and destroyed, or the owner shall be subject to the penalty provided in Section 5 -15. "; Section 5 -9 (a) remove "citizen" add "person ", remove "county health officer or his designee add "humane officer. "; (b) remove county healther" change to "humane" and add "and based upon consideration of public safety he determines "; add (e) "Human officers shall be empowered to enter onto private property for the purpose of impounding animal(s) which are known to have bitte: a person and shall obtain legal process to do so if necessary. "; Section 5 -10 remove "property" "on the" and "of others "; Section 5 -12 remove "and Cats" (a) remove "or cat" and "within one year preceding the date on which the dog or cat is kept or maintained. "; Section 5 -13 (a) remove "It shall be placed under observation of the county health officer or his designee at the expense of the owner for a period of two weeks. "; (b) remove "county health officer or his designee" add "humane officer "; (c) remove county health officer or his designee, add "humane officer "; Section 5 -14 remove "ordinance" add "chapter "; Section 5 -15 remove "an offense and shall be punishi by a fine of up to $500.00" add " a misdemeanor and shall be punished by a fine of not less than twenty -five ($25.00) nor more than one hundred dollars ($100.00) for each violation. Council Member Taylor made a motion to amend this bill, seconded by Council Member Szymkowiak. The motio: carried. Mrs. Jean Gundeck, 725 Clearview, indicated she felt that cats should be covered under this bill. Mrs. Theodora Makielski, 1118 Woodward Ave., representing the Northwest Area Concernei Citizens, spoke about the problem of stray dogs. She said the crux of the problem is that the lal is not being enforced. Mrs Ruth Chambers, 1806 Elmer, said the Northwest Area Concerned Citizen; urged the Council to pass this bill. Mrs. Irene Gammon, 3316 Oak Crest, spoke against Section 5 -8(c), she said it should be amended by adding a day or two. Council Member Kopczynski made a motion to add "must be kept for two days" after (licenses) in Section 5 =8(c), seconded by Council Member Adams. Mr. Michael Carrington, Administrative Assistant to the Mayor, indicated that the Humane Society does not have the responsibility of animal control in the City. Council Member. Adams indicated that paragraphs e and j should be amended in Section 5 -8. The motion carried. Council Member Adams made a motion that paragraph e be amended in the second sentence by adding "shall be held at least one day ", and paragraph j remove the words "and destroyed" and change or to and, seconded by Council Member Kopczynski. The motion carried by a roll call vote of five ayes (Council Members Serge, Kopczynski, Adams, Horvath and Parent) and four nays (Council Member; Szymkowiak, Miller, Taylor and Dombrowski). Council President Parent made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Adams. The motion carried. Council President Parent made a motion to continue this meeting until 4:00 p.m., October 11, 1977 seconded by Council Member Kopczynski. The motion carried by a roll call vote of seven ayes (Council Members Serge, Szymkowiak, Taylor, Kopczynski, Dombrowski, Horvath and Parent) and two nays (Council Members Miller and Adams). This meeting was reconvened at 4:00 p.m., October 11, 1977. ROLL CALL PRESENT: Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski Adams, Dombrowski, Horvath and Parent ABSENT: None BILL NO. 91 -77 A BILL APPROPRIATING $360,000.00 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND, TO IMPROVE THE FIRE - FIGHTING CAPACITY OF SOUTH BEND'S FIRE DEPARTMENT, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF HUMAN RESOURCES /DIVISON OF COM- MUNITY DEVELOPMENT AND THE DEPARTMENT OF PUBLIC WORKS. Council Member Kopczynski made a motion to continue public hearing and second reading on this bill until October 24, 1977, seconded by Council Member Adams. The motion carried. BILL NO 142 -77 A BILL TRANSFERRING $500.00 FROM ONE ACCOUNT TO ANOTHER WITHIN THE DISCOVERY HALL BUDGET IN THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. 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 due.to inflationary costs and an increase in typesetting costs for the printing of the brochure, for Discovery Hall it is necessary to request this transfer of funds. Council Member Adams made a motion to recommend this bill to the Council favorable; seconded by Council Member Taylor. The motion carried. REGULAR MEETING (CONTINUED -) OCTOBER 11, 1977 COMMITTEE OF THE WHOLE MEETING BILL NO. 143 -77 A BILL TRANSFERRING $41,000.00 IN THE GENERAL PARK FUND. TRANSFERS ARE BEING MADE IN VARIOUS BUDGET CLASSIFICATIONS OF THE GENERAL PARK FUND. This being the time heretofore set for public hearing on the above bills, proponents and opponen were given an opportunity to.be heard. Mr. James Seitz, Superintendent of Public Parks, made the presentation for the bill. He said there is a surplus in some accounts that can be trans- ferred to others that are depleted or will not have enough funds to operate for the balance of 1977. He said most of the accounts with shortages were budgeted at a higher amount but had to be reduced because of the frozen tax rate. Council Member Szymkowiak made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 144 -77 A BILL ORDERING AND PROVIDING FOR THE SALE OF CERTAIN REAL ESTATE IN THE CITY OF SOUTH BEND, ST..JOSEPH.COUNTY, INDIANA, WHICH SAID REAL ESTATE IS OWNED BY SAID CITY OF USE OF ITS PARK DEPARTMENT. This being the time heretofore set for public hearing on the above bill, proponents and opponent were given an opportunity to be heard. Mr. James Seitz, Superintendent of Public Parks made the presentation for the bill. He said the Park Department would like to sell two properties on Redwood Road. He said both properties are approximately one acre in size. He said pursuant to State law, the properties must be appraised by three appraisers appointed by the Circuit Court. He said the properties cannot be sold for an amount less than the appraised value. He said the Park Board -will advertise bids on both properties. He said the maintenance problems on both properties are not worth the rental income. Council Member Szymkowiak made a motion to recommen this to the Council favorable, seconded by Council Member Dombrowski. Council Member Adams aske if they would come back to the Council for approval after they receive a bid. Mr. Seitz indicat they did not come back to the Council. He said by State law it was not necessary to bid the hom Council Member Adams indicated that the letter submitted with the bill indicated they would bid these homes. Mr. Seitz indicated that this would be up to the Park Board. The motion carried. BILL NO. 147 -77 A BILL AMENDING CHAPTER 7, ARTICLE I OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, BY THE ADDITION OF SECTION 7 -15(a) ENTITLED "DISCLOSURE OF CONTRIBUTIONS." 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 Kopczynski made the presentation for the bill. He said this bill was introduced in the interest of furthering good government and sound municipal procedures. He said the bill would require all vendors doing business in or with the. City of South Bend to file a "Disclosure of Contributions Statement" with the office of the City Clerk. He said this statement would disclose all contributions made by such vendors to political parties or organizations, or to persons affiliated with political parties or organiza- tions. He said additionally, the City Controller's office would be required to file a monthly report with the Office of the City Clerk setting forth the individual vendors, amounts contribute and running total of contributions. He made the following amendment to Section 7- 15(a), Sub- section (b) "All persons doing business in or with the City of South Bend and who have a license or permit issued under this Code to do so, shall be required to file a Disclosure of Contribution Statement(s) with the Office of the City Clerk. For purposes of this section, "doing business" shall mean transactions for which monetary gain or profit is anticipated," seconded by Council Member Adams. The motion passed by a roll call vote of seven ayes (Council Members Serge, Taylo Kopczynski, Adams, Dombrowski, Horvath and Parent) and two nays (Council Members Szymkowiak and Miller). Mr. Thomas Brunner, City Attorney, indicated that the Administration feels that this matter is covered by State legislation. He said they agreed with the objective, but they felt the objective was already being furthered by State legislation. Council Member Kopczynski indic that the Council could pass legislation that was more strict than State law.. Mr. Brunner dis- agreed with Council Member Kopczynski's opinion. A lengthly discussion was held on the defini- tion of several parts of the proposed bill, as well as the language. Council Member Taylor asked if the existing State law covers all contributions over $100. Mr. Brunner indicated that it did. Council Member Adams indicated she felt this was a very valuable bill. She made a motion tto recommend this bill, as amended, to the Council favorable, seconded by Council President Parent. Council President Parent indicated he felt this bill was in the spirit of the Fair Campaign Ordinance. Council Member Miller indicated he felt this bill was discriminatory. Council Member Kopczynski indicated that after listening to the discussion, the proper amendment should "All vendors doing business with the City of South Bend, and persons who have a license or permit to do so shall be required to file a Disclosure Statement with the City Clerk, seconded by Counc' President Parent. Council Member Taylor indicated that State law covered the problem so he was against the bill as it now stands. Council Member Kopczynski indicated that State law only mandated this at the time of elections. Council President Parent indicated he would like to have the motion to recommend favorably withdrawn, and he would recommend this bill be sent to the committee so that Kathy Cekanski can be here to talk about the bill. Council Member Adams asked wh the report of contributions were filed with, under the new State law. Mr. Brunner indicated the County Clerk. Council Member Adams indicated she felt this was a good bill and it should be pass, tonight. She made a motion for a five minute recess to attempt to clear up the language in the bill. Mr. Brunner indicated he did not feel he could make subsequent amendments in five minutes.. Council Member Kopczynski made a motion for a five minute recess, seconded by Council Member Adam The motion carried,. and the meeting was recessed at 4:55 p.m., and reconvened at 5:05 p.m. Council Member Kopczynski made a motion to amend the bill in Section 7 -15, paragraph (a) at the end of the paragraph.following "within" strike State of Indiana and insert within St. Joseph County. Paragragh D, line 1, after "holder" remove seim -colon and add "or vendor." Line 7, after the word "holder" insert "or vendor." Paragraph (b) shall then read "All vendors doing business in or with the City of South Bend, and /or persons who hold a license or permit issued under this.Code to do business in the City of South Bend shall be required to file Disclosure of Contribution Statement(s) with the Office of the City Clerk. For the purpose of this section, doing business shall mean transaction for which monetary gain or profit is anticipated, seconded by Council Member Adams. The motion carried. Council Member Adams made a motion to recommend this bill tothe Council favorable, as amended, seconded by Council Member Kopcyznski. The motion failed by a roll call vote of four ayes (Council Members Kopczynski, Adams, Horvath and Parent) and five nays (Council Members Serge, Szymkowiak, Miller, Taylor, and Dombrowski.) REGULAR MEETING (CONTINUED) OCTOBER 11, 1977 COMMITTEE OF THE WHOLE MEETING BILL NO. 148 -77 A BILL AMENDING VARIOUS SECTIONS OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND PERTAINING TO PENALTIES FOR VIOLATIONS. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council President Roger 0. Parent, made the presentation for the bill. He said this bill has been drafted to amend all of our penalty provisions of the Municipal Code so that they will conform to the new State law. Council Member Adams asked Mr. Brunner if he had an opportunity to review this bill. Mr. Brunner indicated he thought the changes were necessary, however, there will be a rather substantial cost involved in changing the Code. Council Member Adams made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 150 -77 A BILL AMENDING THE GOVERNING RULES AND REGULATIONS OF THE LEGISLATIVE BRANCH OF THE CITY OF SOUTH BEND, CHAPTER 2, ARTICLE I, ENTITLED "THE COMMON COUNCIL" OF THE MUNICIPAL CODE. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council President Roger 0. Parent, made the presentation for the bill. He said recent State law has changed the procedure for vacancies in elective of- fices, therefore, it is necessary to amend the ordinance. He said this will also change the reports of the standing committees from semi - annual to annual reports. Council Member Adams made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 151 -77 A BILL AMENDING CHAPTER 14.5 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, BY THE ADDITION OF ARTICLE 2 ENTITLED "ACQUISITION OF REAL OR PERSONAL PROPERTY BY 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 Frank Horvath made the presentation for the bill. He said this bill was introduced to further sound principals of fiscal management when the City desires to acquire real or personal property. He said basically, the bill would implement the procedure set forth by provisions of Indiana law. He said it would require greater cooperation between the Board of Public Works and the Common Council for all property acquired by condemnation, rental or purchase. He said the bill would require that all ordinances for the acquisition of property which total one -half million dollars or more, to be passed by a two -third vote of the Council. He said this would safeguard both present and future taxpayers in our com- munity from bad investments. Mr. Thomas Brunner, City Attorney, indicated that the City Council cannot act to increase State requirements that there only need to be a simple majority to pass a bill. He said that if more than a simple majority is required it could stalemate the Council on simple issues. Mayor Nemeth spoke in opposition of this bill. Council Member Serge indicated he felt this should be tabled until after the utility bills have been handled. He made a motion to table this bill until after the Clay Utilities issue is settled, seconded by Council Member Taylor. Council Member Adams indicated she thoug;_ this bill should be passed. Council Presiden Parent indicated that the Council was required to have six votes to pass the City budget. He sai he would vote for this bill. The motion carried by a vote of five ayes (Council Members Serge, Szymkowiak, Miller, Taylor and Dombrowski) and four ayes (Council Members Kocpzynski, Adams, Hory and Parent). ''There being no further business to come before the Committee of the Whole, Council Member Adams made a motion to rise and report to the Council, seconded by Council Member Dombrowski. The motion carried. REGULAR MEETING RECONVENED Be it remembered that the regular meeting of the Common Council of the City of South Bend re- convened in the Council Chambers on the fourth floor of the County - City Building at 5:30 p.m., Council President Parent presiding and nine Council Members present. BILLS, SECOND READING ORDINANCE NO. 6231 -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 QUO VADIS, INC. 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. BILL NO. 140 -77 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE LEASING OF WATERWORKS FACILITIES OF CLAY UTILITIES, INC. Council Member Miller made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Adams. The motion carried. Council Member Adams made a motion to continue public hearing and second reading on this bill until October 24, 1977, seconded by Council Member Taylor. The motion carried by a roll call vote of seven ayes and two nays (Counci: Members Szymkowiak and Miller.) BILL NO. 141 -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 amend the lease, as amended in the Committee of the Whole, seconded by Council Member Taylor. The motion carried. Council Member Adams made a motion to continue public hearing and second reading on this bill until October 24, 1977, seconded by Council Member Taylor. The motion carried by a roll call vote of seven ayes and two nays (Counci: Members Szymkowiak and Miller.) REGULAR MEETING OCTOBER 11 1977 REGULAR MEETING RECONVENED (CONTINUED BILL NO. 91 -77 A BILL APPROPRIATING $360,000.00 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND, TO IMPROVE THE FIRE- FIGHTING CAPACTIY OF SOUTH BEND'S FIRE DEPARTMENT, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF HUMAN RESOURCES /DIVISION OF COM- MUNITY DEVELOPMENT AND THE DEPARTMENT OF PUBLIC WORKS. Council Member Kopczynski made a motion to continue public hearing and second reading on this it u 1 October 4, 1977, seconded by Council Member Dombrowski. The motion carried. ,,bill - II - 4.0- 4..1dzR ORDINANCE NO. 6233 -77 AN ORDINANCE TRANSFERRING $500.00 FROM ONE ACCOUNT TO ANOTHER WITHIN THE DISCOVERY HALL BUDGET IN THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. 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. E)AA V 6'"344-11 - J." t (az?; ORDINANCE NO. 6235 -77 AN ORDINANCE ORDERING AND PROVIDING FOR THE SALE OF CERTAIN REAL ESTATE IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY INDIANA, WHICH SAID REAL ESTATE IS OWNED BY SAID CITY FOR USE OF ITS PARK DEPARTMENT. 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. BILL NO. 147 -77 A BILL AMENDING CHAPTER 7, ARTICLE I OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, BY THE ADDITION OF SECTION 7 -15(a) ENTITLED "DISCLOSURE OF CONTRIBUTIONS." This bill had second reading. in the Committee of the Whole, Council Member Adams made a mo Kopczynski. The motion failed Adams, Horvath and Parent) and Dombrowski.) Council Member Adams made a motion to amend the bill, as amended seconded by Council Member Kopczynski. The motion carried. tion to pass the bill, as amended, seconded by Council Member by a roll call vote of four ayes (Council Members Kopczynski, five nays (Council Members Serge, Szymkowiak, Miller, Taylor and ORDINANCE NO. 6236 -77 AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND PERTAINING TO PENALTIES FOR VIOLATIONS. 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. 6237 -77 AN ORDINANCE AMENDING THE GOVERNING RULES AND REGULATIONS OF THE LEGISLATIVE BRANCH OF THE CITY OF SOUTH BEND, CHAPTER 2, ARTICLE 1, ENTITLED "THE COMMON COUNCIL," OF THE MUNICIPAL CODE. 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. BILL NO. 151 -77 A BILL AMENDING CHAPTER 14.5 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, BY THE ADDITION OF ARTICLE 2, ENTITLED "ACQUISITION OF REAL OR PERSONAL PROPERTY BY THE CITY." This bill had second reading. Council Member Adams made a motion to pass this bill, seconded by Council Member Kopczynski. The motion failed by a roll call vote of four ayes (Council Members Kopczynski, Adams, Horvath and Parent) and five nays (Council Members Serge, Szymkowiak, Miller, Taylor and.Dombrowski.) RESOLUTIONS RESOLUTION NO. 586 -77 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE AWARD OF ONE CONTRACT IN EXCESS OF $5,000.00 FOR THE GENERAL 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 in excess of $5,000 must be approved by the Common Council; and WHEREAS, low bids for the general rehabilitation work 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 the Charles Brown Maintenance Service for the general rehabilitation work on the following properties: Lot #5 Sorin's 1st Add. Lot #7 Sam Williams Sub. Lot #181 Park P1. 2nd Add. Lot #3 Talbot's Plat Lot Lettered "N" Replat of Parker & Allen Lot #49 North Sunnyside Add. 807 N. Eddy St. $2,545.00 1133 Twyckenham 410.00 1118 Chalfant St. 6,120.00 1206 South Bend Ave. 4,275.00 1219 E. Garland St. 1,510.00 1413 E. Cedar St. 815.00 ORDINANCE NO. 6232 -79 A BILL AMENDING CHAPTER 5, ANIMALS, OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA 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 Taylor made a motion to amend Section III, by removing "and legal publication ", 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 six ayes and three nays (Council Members Miller, Kopczynski and Horvath.) ORDINANCE NO. 6234 -79 AN ORDINANCE TRANSFERRING $41,000.00 IN THE GENERAL PARK FUND. TRANSFERS ARE BEING MADE IN VARIOUS BUDGET CLASSIFICATIONS WITHIN THE GENERAL PARK FUND. 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. REGULAR MEETING OCTOBER 11, 1977 REGULAR MEETING RECONVENED (CONTINUED) Lot #16 Hartman's.Twyckenham Plat. 1423 E. Corby Blvd. $ 815.00 Lot #8 &9 M. E. Listenburger lst add. 1223 E. Corby Blvd. 2,437.00 Lot #116 Hartman & Miller's Add. 1107 N. Duey St. 1,563.00 Lot #24 Talbot's Plat 1016 N. Duey St. 2,886.00 Lot #28 Hartman & Miller's Add. 1047 Georgiana St. 5,913.00 Lot #38 Talbot's Plat 1003 E. Talbot St. 3,294.00 Total $32,623.00 2. 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. RESOLUTION NO. 587 -77 /s /Mary Christine Adams Member of the Common Council A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE AWARD OF ONE CONTRACT IN EXCESS OF $5,000 FOR THE GENERAL CONSTRUCTION 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 in excess of $5,000 must be approved by the Common Council;and WHEREAS, low bids for the general construction work 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 the Charles Brown Maintenance Service Co., for the general construction work on the following properties: Lot #42 Summit Place 3rd Lot #3 -4 Honers Sub. S. Lot #445 Summit Place 3rd Lot #7 -8 Honers Sub. 819 Lot #53 Summit Place lst Lot #7 Arnolds Sub. BOL 101 Lot #99 BOL S. Raley Lot #416 Summit Place 2nd Lot #1070 Summit Place 3rd Lot #44 Summit Place 1st. Lot #906 Summit Place 3rd Lot #12 Harris lst Add. 518 S. Olive St. $2,424.00 1342 Poland St. 1,245.00 439 S. Olive St. 1,081.00 1345 W. Dunham St. 5,578.00 517 Pulaski St. 1,606.50 819 S. Walnut 1,553.70 1525 W. Dunham St. 2,057.50 604 S. Olive 2,234.10 605 S. Raley 4,945.0.0 437 S. Pulaski St. 4,504.50 2617 W. Ford St. 270.00 417 S. Harris St. 3,429.80 Place 3rd Lot Total $30,929.50 2. 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 /Mary Christine Adams Member of the Common Council RESOLUTION NO. 588 -77 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE AWARD OF ONE CONTRACT IN EXCESS OF $5,000 FOR THE ELECTRICAL 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 in excess of $5,000 must be approved by the Common Council; and WHEREAS, low bids for the electrical rehabilitation work 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 the Joe Kocsis Electric Co., for the electrical rehabilita tion work on the following properties: Lot # 42 Summit Place 3rd Lot #3 -4 Honers Sub. S. Lot #445 Summit Place 3rd Lot #7 -8 Honers Sub. 15.00 Lot #53 Summit Place lst Lot #7 Arnolds Sub. BOL 101 Lot #99 BOL 605 S. Lot #416 Summit Place 2nd Lot #1070 Summit 3rd Plat Lot #906 Summit Place 3rd Lot #44 Summit Place lst Lot. #12 Harris lst 518 S. Olive St. $450.00 1342 S. Poland St. 625.00 439 S. Olive St. 605.00 1345 W. Dunham St. 980.00 517 Pulaski St. 15.00 819 S. Walnut St. 520.00 1525 W. Dunham St. 595.00 604 S. Olive St. 516.00 605 S. Raley St. 510.00 2617 W. Ford St. 80.00 437 Pulaski St. 899.00 417 S. Harris St. 921.00 Total $6,716.00 2. 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 /Mary Christine Adams Member of the Common Council REGULAR MEETING (CONTINUED) OCTOBER 11, 1977 REGULAR MEETING (CONTINUED) RESOLUTION NO. 589 -77 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE AWARD OF ONE CON- TRACT IN EXCESS OF $5,000.00 FOR THE ELECTRICAL 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 in excess of.$5,000 must be approved by the Common Council; and WHEREAS, low bids for the electrical rehabilitation work 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 the Howell Electric Company for the electrical rehabilita- tion work on the following properties: Lot #5 Sorin's 1st Add. 807 N. Eddy St. $1,465.00 Lot #7 Sam Williams Sub. 1133 Twyckenham Dr. 485.00 Lot #181 Park P1 2nd Add. 1118 Chalfant St. 945.00 Lot #3 Talbot's Plat 1206 South Bend Ave. 1,350.00 Lot Lettered "N" Replat of Park & Allen 1219 E. Garland St. 655.00 Lot #49 North Sunnyside Add. 1413 E. Cedar St. 275.00 Lot #16 Hartman's Twyckenham Plat 1423 E. Corby Blvd. 265.00 Lot #8 &9 M.E. Listenburger lst Add. - 1223 E. Corby Blvd. 1,335.00 Lot #116 Hartman & Miller's Add. 1107 N. Duey St. 1,290.00 Lot #24, Talbot's Plat 1016 D. Duey St. 1,395.00 Lot #28 Hartman & Miller's Add. 1047 Georgiana St. 1,155.00 Lot #38 Talbot's Plat 1003 E. Talbot St. 975.00 Total $11,590.00 2. That #his 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 /Mary Christine Adams Member of the Common Council A public hearing.was held at this time on these resolutions. Mr: John Davis and Mr. Ken Schaller, Project Directors for the Bureau of Housing, indicated that under the provision of Ordinance No. 5872 -75, all contracts in excess of $5,000 must be approved by the Common Council. Council Member Serge made a motion to adopt Resolution No. 586 -77, seconded by Council Member Dombrowski. The resolution was adopted by a.roll call vote of nine ayes. Council Member Adams made a motion to adopt Resolution No. 587 -77, seconded by Council Member Horvath. The resolutic was adopted by a roll call vote of nine ayes. Council Member Serge made a motion to adopt resolution No. 588 -77, seconded by Council Member Dombrowski. The resolution was adopted by a roll call vote of nine ayes. Council Member Dombrowski made a motion to adopt Resolution No. 589 -77, seconded by Council Member Horvath.. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 590 - -77 COMMON COUNCIL OF THE CITY OF SOUTH BEND WHEREAS, the Board of Public Works of the City of South Bend, pursuant to Chapter 14.5 of the Municipal Code of the City of South Bend, adopted Resolution No. 5, 1977 on April 4, 1977, authorizing the sale of certain parcels of real estate owned by the City, which are no longer necessary to the public use and are not set aside by State or City law for public purposes, to -wit: Two parcels of land on Niles Avenue, South of Corby Street (old Street Department Garage property) Deed Numbers 240 and 263 WHEREAS, the Common Council of the City of South Bend,.by action at its regular meeting on May 23, 1977, approved the sale of parcels of real estate; and WHEREAS, the Board of Public Works, following appraisal of the property, established an offering price of $65,025.00 for the property; and WHEREAS, the Board of Public Works offer the above - listed property for sale by legal advertising placed in the South Bend Tribune and the Tri- County News on July 1 and July 8, 1977, with sealed bids to be delivered to the Board on July 25, 1977, and WHEREAS, on July 25, 1977, at a regular meeting, the Board received one sealed bid which was publicly opened and read and which contained an offer from the Morse Electric Company, Inc. of $66,000.00 for the above - listed property; and WHEREAS, the Board of Public Works did, on August 22, 1977, accept the bid of Morse Electri� Company, Inc., for the above- listed property. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the CIty of South Bend approves tl sale of the property herein described to the Morse Electric Company, Inc., for a total purchase price of $66,000.00 /s /Mary Christine Adams Member of the Common Council REGULAR MEETING (CONTINUED) OCTOBER 11f 1977 REGULAR MEETING RECONVENED (CONTINUED) A public hearing was held at this time on the resolution. Mr. Patrick McMahon, Director of Public Works, indicated this was in conjunction with the sale of City -owned property on Niles Avenue. He said it was appraised at $65,025, and Morse Electric has bid $66,000. Council Member Miller made a motion to adopt this resolution, seconded by Council Member Szymkowiak. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 152 -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 BRYANT LEASING COMPANY. This bill had first reading. Council Member Adams made a motion to set this bill for second reading and public hearing October 24, 1977, seconded by Council Member Kopczynski. The motion carried. BILL NO. 153 -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 BRETT S. MORSE. This bill had first reading. Council Member Adams made a motion to set this bill for second reading and public hearing October 24, 1977, seconded by Council Member Dombrowski. The motion carried. BILL NO. 154 -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 BILLY C. AND DORLIS M. GIBSON AND FRANK J. AND ROSEMARY D. McNAMEE is bill had first reading. Council Member Adams made a motion to set this bill for public hearinc_ d second reading October 24, 1977, seconded by Council Member Dombrowski. The motion carried. ILL NO. 155 -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) (WEST OF MAPLE'ROAD, SOUTH CLEVELAND ROAD, AND NORTH OF THE CHICAGO -SOUTH SHORE AND SOUTH BEND RAILROAD.) This bill had first reading. Council Member Adams made a motion to refer this bill and petition to Area Plan, seconded by Council Member Taylor. The motion carried. BILL NO. 156 -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) (WEST SIDE OF PORTAGE AVE., NORTH OF HIGHLAND ESTATES.) 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. 157 -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) (913 SOUTH 30TH STREET.) This bill had first reading. Council Member Adams made a motion to refer this bill and petition to Area Plan, seconded by CouncilMember Dombrowski. The motion carried. BILL NO. 158 -77 A BILL APPROPRIATING $218,000.00 FROM THE LOCAL PUBLIC WORKS GRANT FUND FOR THE CONSTRUCTION OF A LANDSCAPED, LIGHTED SURFACE PARKING FACILITY AND ACCESS AND SERVICE DRIVES, TO BE ADMINISTERED BY THE DEPARTMENT OF HUMAN RESOURCES AND ECONOMIC DEVELOPMENT AND THE DEPARTMENT OF PUBLIC WORKS. This bill had first reading. Council Member Taylor made a motion to suspend the rules in order to have public hearing and second reading on this bill, seconded by Council Member Dombrowski. The motion failed on a roll call vote of eight ayes and one nay (Council Member Kopczynsi). Council Member Miller made a motion to set this bill for public hearing and second reading October 24, 1977, seconded by Council Member Adams. The motion carried. BILL NO. 159 -77 A BILL APPROPRIATING $310,000.00 FROM THE LOCAL PUBLIC WORKS GRANT FUND FOR THE RECONSTRUCTION AND CONSTRUCTION OF A RIVER BANK RETAINING WALL, LANDSCAPED LIGHTED PEDESTRIAN WALKWAY, AND CANOE PORTAGE FACILITIES, TO BE ADMINISTERED BY THE DE- PARTMENT OF HUMAN RESOURCES AND ECONOMIC DEVELOPMENT AND THE DEPARTMENT OF PUBLIC WORKS. This bill had first reading. Council Member Adams made a motion to refer this bill to the Human Resources Committee, and set it for public hearing and second reading October 24, 1977, seconded by Council Member Dombrowski. The motion carried. BILL NO. 160 -77 A BILL APPROPRIATING $300.00 TO ACCOUNT NO. 230.0 INSTRUCTION, AND $350.00 TO ACCOUNT 726.0 OTHER EQUIPMENT AND TRAINING. BOTH ACCOUNTS BEING IN THE SAVE -A -LIFE FUND OF THE CITY OF SOUTH BEND, AND TO BE ADMINISTERED BY THE FIRE DEPARTMENT. This bill had first reading. CouncilMember Adams made a motionto set this bill for public hearing and second reading October 24, 1977, seconded by Council Member Dombrowski. The motion carried. FM REGULAR MEETING (CONTINUED) OCTOBER 11, 1977 REGULAR MEETING RECONVENED (CONTINUED) BILL NO. 161 -77 A BILL APPROPRIATING $75,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY KNOWN AS GENERAL REVENUE SHARING, FOR THE PURCHASE OF GASOLINE AND DIESEL FUEL, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF ADMINISTRATION AND FINANCE. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading October 24, 1977, seconded by Council Member Dombrowski. The motion carried. BILL NO. 162 -77 A BILL TRANSFERRING $5,815.00 AMONG VARIOUS ACCOUNTS WITHIN THE POLICE DEPARTMENT BUDGET IN THE GENERAL FUND OF THE CITY OF SOUTH BEND. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading October 24, 1977, seconded by Council Member Dombrowski. The motion carried. BILL NO. 163 -77 A BILL APPROPRIATING $3,500.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY KNOWN AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC SAFETY PROGRAMS TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE BUREAU OF POLICE. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading October 24, 1977, seconded by Council Member Dombrowski. The motion carried. BILL NO. 164 -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) (229 E. IRELAND RD.) 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. There being no further business to come before the Council, unfinished or new, Council Member Adams made a motion to adjourn, seconded by Council Member Kopczynski. The motion carried, and the meeting was adjourned at 6:05 p.m. ATTEST: APPROVED: City Clerk Preside t