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HomeMy WebLinkAbout11-28-77 Council Meeting MinutesREGULAR MEETING NOVEMBER 28, 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, November 28, 1977, at 6:00 p.m., Council President Parent presiding. The meeting was called to order, and the Pledge to the Flag was given. ROLL CALL PRESENT: Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent ABSENT: None 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 November 14, 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 November 14, 1977, meeting of the Council be placed on file, seconded by Council Member Horvath. The motion carried. REPORT OF COUNCIL COMMITTEES Council Member Taylor chaired this portion of the meeting. Council Member Serge indicated that the Council's Election Committee recommended that the Council offices remain as they now stand. Council Member Taylor indicated that he felt Council Member Serge should run for election. Council Member Serge indicated he was not interested. Council Member Serge made a motion to nominate Council President Parent for president, seconded by Council Member Dombrowski. There being no further nominations from the floor, the nominations were closed. The motion carried. Council President Parent thanked the Council for re- electing him. Council President Parent made a motion to nominate Council Member Dombrowski for vice president, seconded by Council Member Adams. There being no further nominations from the floor, the nominations were closed. The motion carried. Council Member Serge made a motion to nominate Council Member Horvath as chair- man of the Committee of the Whole, seconded by Council Member Dombrowski. There being no furtheY nominations from the floor, the nominations were closed. The motion carried. Council Member Taylor made a motion to resolve into the Committee of the Whole, seconded by Council Member Serge. 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, November 28, 1977, at 6:08 p.m., with nine members present. Chairman Frank Horvath presiding. BILL NO. 182 -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 NIMET INDUSTRIES, INC. This being the time heretofore set for public hearing on the above bill, proponents and opponent: 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 for construction in the Industr Park. He said the amount of this bond would be $400,000. He said there will be twenty new jobs created. He said this was a metal finishing operation. Council Member Szymkowiak made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. BILL NO. 185 -77 A BILL APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDEUNTURE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO FBT BAN - CORP, INC., AN INDIANA CORPORATION (FBT BANCORP, INC.- WALKERTON BRANCH PROJECT.) 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 for construction of a branch bank in Walkerton, Indiana. He indicated that the town board had given consent and the Economic Development Commission had approved the financing. Council President Parent made a motion to re- commend'this to the Council favorable, seconded by Council Member Serge. 'The motion carried. Lal REGULAR MEETING NOVEMBER 28, 1977 COMMITTEE OF THE WHOLE MEETING BILL NO. 172 -77 A BILL APPROPRIATING MONEYS FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1978, AND ENDING DECEMBER 31, 1978, INCLUDING ALL OUT- STANDING 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 opponents were given an opportunity to be heard. Mr. John Stancati, Director of Utilities, made the pre- sentation for the bill. He indicated there were two typing errors in the budget; the total of Services Contractual should be $570,537 and the total of General Fund should be $2,924,160. Council Member Adams indicated that the Personnel & Finance Committee had studied this budget and there were very few changes from last year. She indicated that the Water Works was going to absorb some of the City's cost of data processing. She made a motion to amend this budget by removing the Internal Control Supervisor's salary of $1,590 from the 110 account, and change all other totals accordingly, seconded by Council Member Kopczynski. The motion failed on a roll call vote of four ayes (Council Members Kopczynski, Adams, Horvath and Parent) and five nays (Council Members Serge, Szymkowiak, Miller, Tyalor and Dombrowski.) Council President Parent indicated it was bad precedent to give additional pay to City officials from the Water Works. Council Member Kopczynski indicated that this fund should not be used for anything but people directly concerned with the Water Works. Council Member Miller made a motion to amend this budget to reflect the correct amount of Services Contruatualand General Fund, _seconded by Council Member Serge. The motion carried. Council Member Miller made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Taylor. The motion carried, with Council Member Kopczynski opposing. BILL NO. 173 -77 A BILL APPROPRIATING MONEYS FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE BUREAU OF WASTE WATER OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1978, AND ENDING DECEMBER 31, 1978, INCLUDING ALL OUT- STANDING 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 opponents were given an opportunity to be heard. Mr. John Stancati, Director of Utilities, made the pre- sentation for the bill. He said this budget should also be corrected to reflect typing errors; Salaries and Wages - Regular should be $737,931, Other Supplies should be $21,200. Council Member Miller made a motion to amend the budget to reflect these changes, seconded by Council Member Adams. The motion carried. Council Member Serge made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Dombrowski. The motion carried. BILL NO. 174 -77 A BILL APPROPRIATING MONIES FOR THE THE EXPENSES OF THE BUREAU OF SOLID SOUTH BEND, INDIANA, FOR THE FISCAL 1, 1978, AND ENDING DECEMBER 31, 19 STANDING CLAIMS AND OBLIGATIONS AND SAME SHALL TAKE EFFECT. PURPOSE OF DEFRAYING WASTE OF THE CITY OF YEAR BEGINNING JANUARY 78, INCLUDING ALL OUT - FIXING A TIME WHEN THE 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 Stancati, Director of Utilities, made the pre- sentation for the bill. He said there was a $20,000 increase in this budget, and this was due to the increase in insurance rates. He said by the end of 1977 they feel this department will be operating in the black. Council Member Miller made a motion to recommend this bill to the Counci. favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 175 -77 A BILL APPROPRIATING MONEYS FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE BUREAU OF SANITATION OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1978, AND ENDING DECEMBER 31, 1978, INCLUDING ALL OUT- STANDING 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 opponents were given an opportunity to be heard. Mr. John Stancati, Director of Utilities, made the pre- sentation for the bill. He indicated there were typing errors in this budget, as follows: Salar: and Wages- Regulation, 2 Supt., II @ $15,556 for a total of $31,132; total 110 Salaries and Wages - Regular $83,037; total Services Personal $488,485; total Services Contractual $38,700; total Operation & Maintenance $779,899; total 1977 Budget $841,399. Council Member Serge made a motion to amend the budget to reflect these changes, seconded by Council Member Dombrowski. The motion carried. Council Member Serge made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Dombrowski. The motion carried. Council Member Horvath thanked Council Member Adams for all the work she and her committee did on these budgets. BILL NO. 179 -77 A BILL APPROVING MONEYS EXPENSES INCURRED UNDER HUMAN RIGHTS COMMISSION JULY 1, 1977, INCLUDING LIGATIONS AND FIXING A ' EFFECT. FOR THE FOR ALL DIME THE PURPOSE OF DEFRAYING FEDERAL GRANT GIVEN TO THE THE FISCAL YEAR BEGINNING OUTSTANDING CLAIMS AND OB- WHEN THE SAME SHALL TAKE This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Ms. Virginia Chism, Acting Director of Human Rights, made the presentation for the bill. She indicated that the purpose of this bill was to defray ex- penses of the Department from July 1, 1977. Council President Parent indicated that there were some questions raised as to whether this bill should be approved, because of a recent court de- cision. Council attorney, Kathy Cekanski, indicated that it was her opinion that the Council could act on this bill. She said she did not see any legal obstacle. Council President Parent indicated he supported the passage of this bill. He made a motion to recommend this bill to the Council favorable, seconded by Council Member Adams. The motion carried. REGULAR MEETING NOVEMBER 28, 1977 COMMITTEE OF THE WHOLE BILL NO. 181 -77 A BILL TRANSFERRING $2,500.00 AMONG VARIOUS ACCOUNTS, ALL ACCOUNTS BEING WITHIN THE PARKING GARAGE PROJECT FUND OF THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on the above bill, proponents and opponen were given an opportunity to be heard. Mr. Peter Mullen, City Controller, made the presentatio for the bill. He said this transfer was necessary in order that this department can continue to properly function during the balance of 1977. Council Member Kopczynski asked if there was any thought given to raising the fees. Mr. Mullen indicated they were considering this. Counc Member Taylor made a motion to recommend this bill to the Council favorable, seconded by Counci Member Dombrowski. The motion carried. BILL NO. 183 -77 A BILL APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, AND DON MEDOW MOTORS, INC., SOUTH BEND, INDIANA, FOR THE ;:PURCHASE OF CERTAIN MOTOR VEHICLES IN THE TOTAL AMOUNT OF $11,433.34. This being the time heretofore set for public hearing on the above bill, proponents and opponen were given an opportunity to be heard. Mr. John Stancati, Director of Utilities, made the pre- sentation for the bill. He said this was to purchase three 1978 Concords to be used by the Water Works. Council Member Dombrowski made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Tayloj made a motion to rise and report to the Council and recess, seconded by Council Member Miller. The motion carried and the meeting was recessed at 7:48 p.m. ATTEST: City Clerk. REGULAR MEETING RECONVENED ATTEST: Chairman 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 7:58 p.m., Council President Parent presiding and nine Council Members present. BILLS, SECOND READING ORDINANCE NO. 6262 -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 NIMET INDUSTRIES, INC. This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council.Member Szymkowiak. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6263 -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 FBT BANCORP, INC., AN INDIANA CORPORATION (FBT BAN - CORP, INC.- WALKERTON BRANCH PROJECT.) This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Serge. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6264 -77 AN ORDINANCE APPROPRIATING MONEYS FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1978, AND ENDING DECEMBER 31, 1978, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGA- TIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This bill had second reading. Council Member Adams made a.motion to remove the Internal Contro Supervisor's salary from the budget, seconded by Council Member Kopczynski. The motion failed on 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.) Council Member Taylor 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 Serge made a motion to pass this bill, as amended, seconded by Council Member Dombrowski. The bill passed by a roll call vote of eight ayes and one nay (Council Member Kopczynski.) ORDINANCE NO. 6265 -77 AN ORDINANCE APPROPRIATING MONEYS FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE BUREAU OF WASTE WATER OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1978, AND ENDING DECEMBER 31, 1978, INCLUDING ALL OUTSTANDING CLAIMS AND OB- LIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This bill had second reading. Council Member Taylor made a motion to amend the bill, as amendec in the Committee of the Whole, seconded by Council Member Szymkowiak. The motion carried. Council Member Taylor made a motion to pass the bill, as amended, seconded by Council Member Serge. The bill passed by a roll call vote of nine ayes. REGULAR MEETING NOVEMBER 28, 1977 REGULAR MEETING RECONVENED (CONTINUED ORDINANCE NO. 6266 -77 AN ORDINANCE APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE BUREAU OF SOLID WASTE OF THE CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1978, AND ENDING DECEMBER 31, 1978, INCLUDING ALL OUTSTANDING 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 pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6267 -77 AN ORDINANCE APPROPRIATING MONEYS FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE BUREAU OF SANITA- TION OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1978, AND ENDING DECEMBER 31, 1978, INCLUDING ALL OUTSTANDING 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 Taylor. 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. 6268 -77 AN ORDINANCE APPROVING MONEYS FOR THE PURPOSE OF DEFRAYING THE EXPENSES INCURRED UNDER THE FEDERAL GRANT GIVEN TO HUMAN RIGHTS COMMISSION FOR THE FISCAL YEAR BEGINNING JULY 1, 1977, INCLUDING ALL OUTSTANDING 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 pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6269 -77 AN ORDINANCE TRANSFERRING $2,500.00 AMONG VARIOUS ACCOUNTS, ALL ACCOUNTS BEING WITHIN THE PARKING GARAGE PROJECT FUND OF THE CITY OF SOUTH BEND, INDIANA. This bill had second reading. Council Member Szymkowiak made a motion to pass this bill, second by Council Member Adams. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6270 -77 AN ORDINANCE APPROVING BUREAU OF WATER OF THE INDIANA, AND DOW MEDOW BEND, INDIANA, FOR THE MOTOR VEHICLES IN THE $11,433.34. A CONTRACT BETWEEN THE CITY OF SOUTH BEND, MOTORS, INC., SOUTH PURCHASE OF CERTAIN DOTAL AMOUNT OF This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded by Council Member Szymkowiak. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 595 -77 A RESOLUTION APPROVING A CONTRACT BETWEEN COOPERS & LYBRAND AND THE BOARD OF WATER WORKS COMMISSIONERS AND BOARD OF WASTE WATER TREATMENT COMMISSIONERS. WHEREAS, it is necessary that certified public accountants prepare the necessary accounting data and material for presentation to the Public Service Commission of Indiana in connection with approval and establishing of rates for the lease - purchase contracts with Clay Utilities, Inc. and Clay Development Corp., previously approved by the Common Council of the City of South Bend. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, that: SECTION I. The Contract entered into between Coopers & Lybrand, a certified.public ac- counting firm, and the Board of Water Works Commissioners and the Board of Wastewater Commission on November 21, 1977 for the furnishing of accounting services in connection with the lease -pur- chase contracts between the City of South Bend and Clay Utilities, Inc. and Clay Development Corp., which contract is in an amount not to exceed $15,000.00 for total fees and expenses rende is hereby approved and confirmed. SECTION II. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Mary Christine Adams Member of the Common Council A public hearing was held at this time on the resolution. Mr. John Stancati, Director of Utiliti( indicated this resolution was for the purpose of establishing the rates for the lease - purchase contracts with Clay Utilities, Inc. Council Member Kopczynski asked where the money would be taken from. Mr. Stancati indicated that Water and Waste Water funds would be used and reimbursed after the lease- purchase is completed. Council Member Adams asked if he guaranteed this would be reimbursed. Mr. Stancati indicated he would guarantee they would be reimbursed. Council Member Szymkowiak made a motion to adopt this resolution, seconded by Council Member Serge. The resolution was adopted by a roll call vote of eight ayes and one nay (Council Member Horvath.) REGULAR MEETING NOVEMBER 28, 1977 REGULAR MEETING RECONVENED (CONTINUED BILLS, FIRST READING BILL NO. 186 -77 A BILL APPROPR]KT-1,NG$318,000.00 FROM THE COMMUNITY DEVELOP- MENT 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 DIVISION OF COMMUNITY DEVELOP - MENT AND THE DEPARTMENT OF PUBLIC WORKS. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading December 19, 1977, seconded by Council Member Taylor. The motion carried. BILL NO. 187 -77 A BILL APPROPRIATING $50,000.00 FROM THE COMMUNITY DEVELOP- MENT BLOCK GRANT FUND, TO CONTINUE PROJECT REBATE (HOUSING REHABILITATION), TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DIVISION OF COMMUNITY DEVELOPMENT AND BUREAU OF HOUSING. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading December 19, 1977, seconded by Council Member Dombrowski. The moti carried. BILL NO. 188 -77 A BILL APPROPRIATING $30,000.00 FROM THE COMMUNITY DEVELOP- MENT BLOCK GRANT FUND, FOR THE PROVISION OF DAY CARE SERVICES, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DIVISION OF COMMUNITY DEVELOPMENT AND THE COMMUNITY COORDINATED CHILD CARE OF ST. JOSEPH COUNTY, INC. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading December 19, 1977, seconded by Council Member Miller. The motion carried. BILL NO. 189 -77 A BILL APPROPRIATING $5,000.00 FROM THE COMMUNITY DEVELOP - MENT BLOCK GRANT, FOR PLANNING AND DEVELOPMENT OF SOCIAL SERVICES PROGRAMS TO SERVE THE SPANISH- SPEAKING CITIZENS OF SOUTH BEND, TO BE ADMINISTERED BY THE DEPARTMENT OF HUMAN RESOURCES AND ECONOMIC DEVELOPMENT. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading December 19, 1977, seconded by Council Member Taylor. The motion carried. BILL NO. 190 -77 A BILL TRANSFERRING $429.80 AMONG THE VARIOUS BUDGET CLASSIFICATIONS OF THE DEPARTMENT OF LAW WITHIN THE GENERAL FUND OF THE CITY OF SOUTH BEND. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading December 19, 1977, seconded by Council Member Adams. The motion carried. s BILL NO. 191 -77 A BILL APPROPRIATING $22,185.00 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND FOR THE COMMUNITY DE- VELOPMENT ADMINISTRATION COSTS TO BE ADMINISTERED THROUGH THE DIVISION OF COMMUNITY DEVELOPMENT. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading December 19, 1977, seconded by Council Member Adams. The motion carried. BILL NO. 192 -77 A BILL TRANSFERRING THE SUM OF $13,225.00 FROM VARIOUS ACCOUNTS WITHIN THE SOLID WASTE BUDGET, IN THE SOLID WASTE FUND OF THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading December 19, 1977, seconded by Council Member Adams. The motion carried. BILL NO. 193 -77 A BILL TRANSFERRING $64,800.00 AMONG VARIOUS ACCOUNTS, ALL ACCOUNTS BEING WITHIN THE CENTURY CENTER OPERATIONS BUDGET, FA 117, A PART OF THE REVENUE SHARING TRUST FUND OF THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading December 19, 1977, seconded by Council Member Taylor. The motion carried. BILL NO. 194 -77 A BILL APPROPRIATING MONEYS FOR THE PURPOSE OF DEFRAYING THE OPERATING EXPENSES OF CENTURY CENTER OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1978, AND ENDING DECEMBER 31, 1978, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading December 19, 1977, seconded by Council Member Taylor. The motion carried. REGULAR MEETING NOVEMBER 28, 1977 REGULAR MEETING RECONVENED (CONTINUED) BILL NO. 195 -77 A BILL TRANSFERRING THE SUM OF $1,650.00 FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN FA 115, DISCOVERY HALL BUDGET, IN THE REVENUE SHARING TRUST FUND OF THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading December 19, 1977, seconded by Council Member Horvath. The motion carried. BILL NO. 196 -77 A BILL TRANSFERRING $12,800.00 AMONG VARIOUS ACCOUNTS, ALL ACCOUNTS BEING WITHIN THE DEPARTMENT OF ADMINISTRA- TION AND FINANCE IN THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading December 19, 1977, seconded by Council Member Horvath. The motion carried. ORDINANCE NO. 6271 -77 AN ORDINANCE TRANSFERRING $13,000.00 IN THE GENERAL PARK FUND. TRANSFERS ARE BEING MADE IN VARIOUS CLASSIFICATIONS WITHIN THE GENERAL PARK FUND. Council Member Adams made a motion to suspend the rules and have first reading, public hearing, and second reading, seconded by Council Member Horvath. The motion carried on a roll call vote of nine ayes. This bill had first reading. This being the time heretofore set for public heari on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Robert Niezgodski, Fiscal Officer for the Park Department, made the presentation for the bill. He said the Park Department had some unforeseen expenditures and were requesting this transfer of funds. This bill had second reading. Council Member Dombrowski made a motion.to pass this bill, second by Council Member Szymkowiak. The bill passed by a roll call vote of nine ayes. UNFINISHED BUSINESS Report from Area Plan - 913 S. 30th Street Upon a motion of Earl Kime, being seconded by Kenneth Woods and unanimously carried, the petition of Karl F. Quade, for the National Bank and Trust Company, to zone from "B" Residential, "A" Height and Area, to "C" Commercial, "D" Height and Area, property located at 913 South 30th Street, City of South Bend, is returned to the Common Council with a favorable recommendation, subject to a final site plan. Report from Area Plan - Shopping Center adjacent to Highland Estates Upon a motion by Joseph Serge, being seconded by Joseph Simeri and carried, the petition of Thomas Manak, Lester Hamilton, and Nohl Lueneburg, to zone from "A" Residential, "A" Height and Area, to "C -2" Planned Shopping Center District, "B" Height and Area, property located on the west side of Portage Avenue, adjacent to and north of the.Plat of Highland Estates Subdivision, First Section, City of South Bend, is returned to the Common Council with an unfavorable recommenda- tion, by the Area Plan Commission. This recommendation was made for the following reasons: 1) the proposed shopping center is an intrusion of a residential neighborhood; 2) based on the site plan, through traffic would use church property and the local residential streets of Highlands Estates as access to the site; 3) the location of the pro- posed shopping center is not in conformance with the land use plan; 4) the size of the shopping center (96,800 square feet) is an over - utilization of the site; 5) commerical development is encouraged to locate at the intersection of Cleveland, Portage and Bendix Roads and at the South Bend By -Pass interchange with Brick and Cleveland Roads; 6) last month, the Plan Commission recommended and the Common Council concurred that certain lands west of Bendix be changed from heavy industrial zoning to light industrial for the protection of residential investments lying within the zone of influence of the petition area; and 7) Boland Park is adjacent and to the west of the proposed shopping center." Council Member Adams made a motion to set the appropriate bills for public hearing and second reading December 19, 1977, seconded by Council Member Horvath. The motion carried. NEW BUSINESS Council President Parent indicated the Council should reappoint Richmond Calvin to the Board of ACTION. Council Member Taylor made a motion to reappoint Richmond Calvin, seconded by Council Member Adams. The motion carried. Council Member Dombrowski made a motion to strike Bill No. 108 -77 Teacher's Credit Union, from the records, seconded by Council Member Adams. The motion carried. Council Member Miller made a motion to suspend rules for the purpose of introducing Bill Nos. 1981 199, and 200, seconded by Council Member Serge. The motion carried on a roll call vote of nine ayes. REGULAR MEETING 1977 REGULAR MEETING RECONVENED (CONTINUED) - --_ -- — -_ -- BILL NO. 198 -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) (1024 E. DONALD STREET.) This bill had first reading. Council Member Adams made a motion to;.-refer this bi to Area Plan, seconded by Council Member Taylor. The motion carried. 11 and petiti BILL NO. 199 -77 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. This bill had first reading. Council Member Adams made a motion to refer this bil Plan, seconded by Council Member Taylor. The motion carried. 1 to Area BILL NO. 200 -77 A BILL TRANSFERRING $1,000.00 AMONG VARIOUS BUDGET CLASSIFICATIONS OF THE COMMON COUNCIL WITHIN THE GENERAL FUND OF THE CITY OF SOUTH BEND. This bill had first reading. Council Member Taylor made a motion to set this hearing and second reading December 19, 1977, seconded by Council Member Dombrowsk• for carried, public Dombrowski. The motio Council Member Taylor indicated to Mr. Mullen, City Controller, that snow Plowing was o done on an equal basis throughout the City different throughout the Cot • Mr. Mullen indicated that the snow mountswereing Street Department. He said he more indicated was trouble on the there and supervisors. He reinterated some of the problems that occurred during the last sn ow storm. Council Member Adams indicated that one of the problems was is that there between the trucks to get the new trucks that were ordered, but not received. Council Member Kopcz nski no follow through made a y Council motion to refer the matter of snow removal to the Public Works Committee, seconded b Member Adams. The motion carried. There being no further business to come before the Council, unfinished or Adams made a motion to adjourn, seconded by Council Member Dombrowski. Theemotionncarriember the meeting was adjourned at 7 :40 p.m. ed and ATTEST: APPROVED: Ci y Clerk Presiden