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Home My WebLink About02-27-78 Council Meeting MinutesREGULAR MEETING FEBRUARY 27, 1978 Be it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Monday February 27, 1978, at 7:00 p.m. Council President Parent presiding. The meeting was called to order, and the Pledge to the Flag was given. REGUT.AR MFFTTN(, FEBRUARY 27, 1978 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 February 13, 1978 meeting of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. /s /Roger 0. Parent /s /Mary Chris Adams Council Member Horvath made a motion that the minutes of the February 13, 1978, meeting of the Council be placed on file, seconded by Council Member Dombrowski. The motion carried. SPECIAL BUSINESS Council Member Dombrowski made a motion to reappoint.Thomas Brubaker to the Century Center Board of Managers, seconded by Council Member Taylor. The motion carried. REPORT OF COUNCIL COMMITTEE Council Member Serge gave the following report of the Public Works Committee: Your Committee on Public Works to whom was referred an ordinance amending various sections withi Chapter 20, Article 7, Snow Routes of the Municipal Code of the City of South Bend, Indiana, and by the addition of new Section 20 -102A Restricted. Parking During the Snow Season. An Ordinance amending Chapter 20, Article 7, Section 20 -104 of the Municipal Code of the City of South Bend, Indiana, commonly referred to as Snow Removal Condition; Traffic Regulations. An Ordinance regulating parking to permit efficient street cleaning and snow removal and providng penalties for violations thereof. Respectfully report that they have examined the matters and that in their opinion that above thr( bills should be combined in one compromise bill which is attached. The committee by a 5 -1 in- formal vote recommended that the compromise version be recommended favorably to the Common Council. The Public Works Committee was called to order by its Chairman at 6:40 p.m., Monday, February 20, 1978. All three bills were discussed, however, Bill 13 -78 was the focus of the amendments. The Committee reviewed the bill by section and, after discussion of each section, took an in- formal vote. The following votes of the Committee reflect how the members viewed on the at- tached revision: Section I 6 -0 Section II 6 -0 Section III 4 -2* * Councilman Horvath voiced opposition to all vocated year -round alternate side parking. Section IV 6 -0 Section V 6 -0 alternative side parking; Councilman Szymkowiak ad- The Committee recommended that the Council Attorney prepare the entire bill, so it may be in- cluded in the Council packet. The follwoing Council members attended this meeting. Council Members Adams, Kopczynski, Horvath, Dombrowski and Szymkowiak. The committee meeting was adjourned at 9:55 p.m. Joseph Serge, Chairman Council Member Taylor made a motion to resolve into the Committee of the Whole, seconded by Coun Member Adams. The motion carried. COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on Monday, February 27, 1978, at 7:05 p.m., with nine members present. Chairman Frank Horvath presiding. BILL NO. 180 -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) (3421 MISHAWAKA AVENUE.) Council President Parent indicated that the petitioner had requested that this bill be stricken. He made a motion to strike the bill from the record, seconded by Council Member Taylor. The motion carried. REGULAR MEETING COMMITTEE OF THE WHOLE MEETING (CONTINUED BILL NO. 184 -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) (3533 MCKINLEY HWY.) FEBRUARY 27, 1978 This being the time heretofore set for public hearing on the above bill, proponents and opponent! were given an opportunity to be heard. Mr. Larry Wisler, of Bower Homes, made the presentation for the bill. He said this rezoning was to put an addition on to their present building. He said they planned to add a complete second story. Council Member Serge made a motion to recommet this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. 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) (10 2 4 E. DONALD.) Since the petitioner was not in the Chambers, Council Member Kopczynski made a motion to continue this bill until the next meeting, and that an official notice be sent registered mail to the petitioner, seconded by Council Member Taylor. The motion carried. BILL NO. 8 -78 A BILL ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LANDS, GENERALLY KNOWN AS THE SOUTHWEST CORNER OF IRELAND ROAD AND IRONWOOD DRIVE IN ST. JOSEPH.COUNTY, INDIANA. This being the time heretofore set for public hearing on the above bill, proponents and opponent! were given an opportunity to be heard. Mr. Charles Sweeney, attorney fo r the petitioner, made the presentation for the bill. He gave the description of the property and the surrounding area Mr. McMahon, City Engineer, indicated that City services were available. Council President Parent asked that the City Engineer file a written report regarding this annexation. Council Member Miller made a motion that the petition and bill be amended as submitted to the Council, seconded by Council Member Taylor. 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. Council Member Miller made a motion to suspend rules and have public hearing on BILL No. 14 -78, seconded by Council President Parent. The motion carried. BILL NO. 14 -78 A BILL APPROVING MONEYS FORTHE PURPOSE OF DEFRAYING THE CETA TITLE III EXPENES OF THE DEPARTMENT OF EMPLOYMENT AND TRAINING FOR THE FISCAL PERIOD BEGINNING OCTOBER 1, 1977, AND ENDING SEPTEMBER 30, 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 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 indicated this budget pertained only to two new programs. The Youth Community Conservation Improvement Project and the Youth Employ- ment and Training Program. He said the City has been allocated approximately $299,000, and most of these funds come under the Youth Employment and Training Program. He said they hoped that as many as one hundred and fifty unemployed, disadvantaged youth will be helped through this pro - gram. He indicated they proposed a change in salary for several top -level Administrative Staff. He said these changes.are being proposed as a reflection of the significant increase in res- ponsibilities incurred as a result of the ever - expanding CETA Programs. Dr. Lillian Stanton, 919 Oak Ridge, indicated that the Council had spent many months on the City budget and salary ordinance, and in the last two years City employees have been given a maximum of five percent. She said this was only February and an increase was being proposed. She said she did not know how this can be justified. Mayor Nemeth indicated that the City needs good management personnel and we have to pay them if we want -to' keep them.°. He- indicated he felt these.employees were worth the money. Council Member Dombrowski asked what additional duties the Administration of CETA was goingto be doing to justify the raise. Mr. Kelzenberg indicated that their work load, due to additional grants, has increased. Council Member Kopczynski indicated these increases were approximately fifteen percent. He made a motion to retain the current 1978 salaries, seconded by Council>Member Adams. Council Member Adams asked Mr. Brunner, City Attorney, if he had reviewed the appropriateness of changing the salaries outside of the salary ordinance time. She indicated that Indiana Code calls for all salaries to be set on or before August 1, of each year. Mr. Brunner indicated that in the past exceptions had been made for Federal money. He indicated he would be happy to research this and respond in writing. Council President Parent indicated that he felt the responsibilities in Mr. Kelzenberg's job have increased and he felt the salary increase should be given, but he did not want to act until the Council received an opinion from the City Attorney. Council President Parent made a motion to continue the public hearingjuntil after the bills regarding snow, seconded by Council Member Dombrowski. Mr. Brunner indicated he did not feel he could research this question in that length of time. Council President Parent withdrew his motion. A roll call vote was taken on the motion and it passed by a vote of seven ayes and two nays (Council Members Dombrowski and Parent.) Council President Parent made a motion to continue public hearing on this until we have a definite opinion, after the snow bills this .evening, seconded by Council Member Dombrowski. Council Member Adams in- dicated she saw no reason to delay this until later in the meeting, therefore, she suggested the Council vote no to consider this later. Council President Parent indicated that he had asked for an opinion on raising salaries outside of the salary ordinance time. Mr. Brunner indicated that if an increase is made outside of the salary ordinance time, a new job responsibi: or change in job title justified the increase. ty REGULAR MEETING FEBRUARY 27, 1978 COMMITTEE OF THE WHOLE MEETING (CONTINUED) Mayor Nemeth indicated that Federal money does not effect the salary budget or the tax rate. He indicated there was no question as to the legality of this situation. Council Member Miller indicated that this could not be done under State law. He said the Council should go ahead and pass this bill, as amended, and if the Administration wants to amend this budget reflecting an increase in responsibility that could be done in a separate ordinance. Council President Parent withdrew his motion. He made a motion to continue this until the next regular meeting of the Council. The motion did not receive a second. Council Member Adams made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Kopczynski. The moti carried. Council Member Miller made a motion to have public hearing on Bill Nos. 13 -78, 16 -78 and 17 -78, seconded by Council Member Taylor. The motion carried. BILL NO. 13 -78 A BILL AMENDING VARIOUS SECTIONS WITHIN CHAPTER 20, ARTICLE 7, SNOW ROUTES OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AND BY THE ADDITION OF NEW SECTION 2 -102A RESTRICTED PARKING DURING THE SNOW SEASON. BILL NO. 16 -78 A BILL AMENDING CHAPTER 20, ARTICLE 7, SECTION 20 -104 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, COMMONLY REFERRED TO AS SNOW REMOVAL CONDITION: TRAFFIC REGULATIONS. BILL NO. -17 -78 A BILL REGULATING PARKING TO PERMIT EFFICIENT STREET CLEANING AND SNOW REMOVAL AND PROVIDING PENALTIES FOR VIOLATION THEREOF. 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 Kopczynski made the presentation for Bill No. 13 -78. He said this bill was being presented in such a way as to provide the least inconvenience to the people and the various departments doing a job. He gave a brief description of what the bill contained. Council Member Horvath made the presentation for Bill No. 16 -78. He said the Public Works Committee had put the three bills together into one ordinance. Council Member Szymkowiak made a presentation for Bill No. 17 -78. He said this bill would not only con- trol snow, but street cleaning and leaf pickup. He said this bill would alternate parking on even and odd days. Council President Parent indicated that the amendment would be made to Bill No. 13 -78. He read the following amendments:. In the title remove "and By the Addition of New Section 2 -102A Restricted Parking During the Snow Season: Section I delete (1) and (8) renumber the Section to reflect this change: delete Section III in its entirety: Section IV (a) change six to four and add "as called for by the Snow Coordinator ": Section VI in title change Section number to 20 -104; Sec. 20 -103B change to 20 -104; (a) change six to four and add, "or as called for by the Snow Coordinator; change (4) to read "All vehicles on streets so designated as a snow route must be parked on the even -side of the street. All vehicles shall remain parked on the even -side of the street until the opposite side has been cleared of snow. Once the opposite side has been cleared of snow, vehicles shall be parked on the cleared side. Once the entire street has been cleared to the curb -line, vehicles may be parked on both sides unless otherwise prohibited. Vehicles violating this sub - section shall be impounded. ": Section VII change to Section 20 -103B; (d) change to sub - section (a): Section VIII change the amount of the fine to three hundred (300.00) dollars: Section X, add "and after legal publication." Council Member Kopczynski made a motion that they add "by the Board of Public Works "in Section 20 -102 (c) after the word "formulated," Council President Parent included this in this amendment. Council Pre- sident Parent made,!a.mb.tilon that these amendments be accepted, seconded by Council Member Kopczyn The motion carried with Council Member Szymkowiak opposing. Mayor Nemeth asked that this bill be continued. He said he had set up a committee to study various means and methods of snow re- moval. He said they had received the amended version of this bill today, and they needed two weeks in order to make recommendations regarding the bill. He said different parts of the City have different needs. Mrs. Esther Waldron, 7272 Fellows, indicated that the bus routes should be cleared as quickly as possible, in order to eliminate the need for cars being downtown. Mrs. Jane Swan, 2022 Swygart, indicated that this was a strong bill. She indicated she did not like the idea of restricted parking on odd -even sides all year round, as this would have presented a hardship on the citizens. Mrs. Ethel Frank, 310 E. Paris, indicated that after you shovel the snow, the plow comes and throws it all back again. Mr. Dick Albright, President of the Park Avenue Association, commended the Council for the job they did on this bill, and recommended passage. Council Member.Taylor indicated he was in favor of passage. Council President Parent made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Adams. Council Member Miller indicated that four inches of snow was a little restrictive, but he supported the bill. The motion carried on a roll call vote of eight ayes and one nay (Council Member Szymkowiak.) Council President Parent made a motion to strike Bill Nos. 16 -78 and 17 -78, seconded by Council Member Kopczynski. The motion carried. Council Member Miller made a motion to reconsider Bill No. 198 -77, seconded by Council Member Adams. The motion car- ried. 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 being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Lloyd Taylor, of the St. Joseph Bank, made the pre- sentation for the bill. He said this rezoning would extend the bank's parking lot. He said Area Plan had made a favorable recommendation on this bill. Council Member Taylor made a motion to recommend this bill to the Council favorable, seconded by Council Member Parent. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Taylor made a motion to rise and report to the Council and recess, seconded by Council Member Dombrowski The motion carried. ATTEST: 7 City Clerk ATTEST: Chairman REGULAR MEETING FEBRUARY 27, 1978 REGULAR MEETING RECONVENED Be it remembered that the regular meeting of the Common Council of the City of South Bend recon- vened in the Council Chambers on the fourth floor of the County -City Building at 9:30 p.m., Council President Parent presiding and nine Council Members present. BILLS, SECOND READING BILL NO. 180 -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) (3421 MISHAWAKA AVENUE.) Council Member Kopczynski made a motion to strike this bill from the record, seconded by Council Member Dombrowski. The motion carried. ORDINANCE NO. 6314 -•78 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) (3533 McKINLEY HIGHWAY.) This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded b-, Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6315 -78 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) (1024 E. DONALD STREET.) This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6316 -78 AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY ��, LIMITS OF SOUTH BEND, INDIANA, CERTAIN LANDS, GENERALLY KNOWN AS THE SOUTHWEST CORNER OF IRELAND ROAD AND IRONWOOD 41 DRIVE IN ST. JOSEPH COUNTY, INDIANA. This bill had second reading. Council Member Taylor made a motion to amend the bill, as amended in the Committee of the Whole, seconded by Council Member Adams. The motion carried. Council Member Taylor made a motion to pass the bill, as amended, seconded by Council Member Adams. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6317 -78 AN ORDINANCE AMENDING VARIOUS SECTIONS WITHIN CHAPTER 20, ARTICLE 7, SNOW ROUTES OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA. This bill had second reading. Council Member Taylor made a motion to amend this bill, as amendec in the Committee of the Whole, seconded by Council Member Adams. The motion carried. Council 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 eight ayes and one nay (Council Member Szymkowiak.) ORDINANCE NO. 6318 -78 AN ORDINANCE APPROVING MONEYS FOR THE PURPOSE OF DE- FRAYING THE CETA TITLE III EXPENSES OF THE DEPARTMENT OF EMPLOYMENT AND TRAINING FOR THE FISCAL PERIOD BEGINNING OCTOBER 1, 1977, AND ENDING SEPTEMBER 30, 1978, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE, SAME SHALL TAKE EFFECT. This bill had second reading. Council Member Kopczynski made a motion to amend the bill, as amended in the Committee of the Whole, seconded by Council Member Adams. The motion carried. Council Member Kopczynski made a motion to pass the bill, as amended, seconded by Council Member Adams. The bill passed by'a roll call vote of nine ayes. BILL NO. 16 -78 BILL NO. 17 -78 A BILL AMENDING CHAPTER 20, ARTICLE 7, SECTION 20 -104 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, COMMONLY REFERRED TO AS SNOW REMOVAL CONDITION; TRAFFIC REGULATIONS. A BILL REGULATING PARKING TO PERMIT EFFICIENT STREET CLEANING AND SNOW REMOVAL AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF. Council Member Taylor made a motion to strike these bills from the record, seconded by Council Member Adams. The motion carried. RESOLUTIONS RESOLUTION A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, AUTHORIZING THE MAYOR TO SUBMIT TO THE UNITED STATES. GOVERNMENT, DEPARTMENT OF HOUSING AND'URBAN DEVELOPMENT AN APPLICATION FOR PROGRAM YEAR 1978 COMMUNITY DEVELOPMENT FUNDS UNDER TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1977. A public hearing was held at this time on the resolution. Mr. Carl Ellison, Director of Com- munity Development, said that the purpose of. this resolution was for the Council to authorize the Mayor to submit an application for Three Million Five Hundred and Eighteen Thousand Dollars. He said the 1978 CD program is a critical year for these funds. He said HUD had hoped to issue new regulations, but the regulations have not been finalized. He said HUD is going to request that a community setforth three year plans. '8L6T Aasnjgaj ;0 Asp ugLZ STug panoaddp pus passed • (ssa.zbuOO PaC6 '88Z Mp'I OTTgnd `.) 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PaggbTTq gpgq pagpOTpuT aH •sdpui buzAupdul000p ggTM Abagpags buTsnog poogaoggbTau aqg go uoTgonpoaquT up 'pup asodand pup quaquT go quaulagpgs Tpaeuab s 'AgTAT40P pup gDGCOad OT qu - TgTuaPT gDPa go uoTgdtaosap aTnsdpo s 'gabpnq uipaboad QO pasodoad p suTsguoO gDTgM 'UOTgpOTTd -dp auq 90 squauIGTa gupgaodulT gsoul aqq Jo auloS buTUTpqu00 Aasununs p ppq quaulgapdap S. pips aH (QHaNIZNOO) GaNaANODaU ONIlaRN 2iFZ`I DOH 8L6T ' LZ 2 11W xgad ONIZddTnt x�zznOgx REGULAR MEETING FEBRUARY 27, 1978 REGULAR MEETING RECONVENED (CONTINUED) /S/ Roger 0. Parent President /S/ Richard C. Dombrowski Vice President /S/ Frank Horvath Chairman Committee of the Whole I, Jo Ann Harper, duly appointed and Chief Deputy City Clerk of South Bend, Indiana, do hereby certify that the above is a true and correct copy of a resolution passed and approved on the 27 day of February 1978. Chief Deputy City Clerk _ /s/ Jo Ann Harper Official Position .(Signature) /s/ Walter M. Szymkowiak Member of the Common Council A public hearing was held on this resolution. Mr. Peter Mullen, City Controller, indicated that this resolution was requested -by the Federal Disaster Act administration. He said that anyone contracting with them has to have a resolution passed by the legislative body. Council Member Taylor made a motion to adopt this resolution, seconded by Council Member Dombrowski. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 18 -78 A BILL APPROPRIATING $10,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING FOR PROFESSIONAL CONSULTANT SERVICES TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS BUREAU OF POLICE. This bill had first reading. Council Member Taylor made.a motion.to set this bill for public hearing and second reading March 13, 1978, seconded by Council Member Miller. The motion carried BILL NO. 19 -78 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) (SOUTHWEST CORNER OF TAYLOR AND - WASHINGTON STREETS.) 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. There being no further business to come before the Adams made a motion to adjourn, seconded by Council meeting was adjourned at 10:45 p.m. ATTEST: Council, unfinished or new, Council Member Member Taylor. The motion carried and the APPROVED: