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HomeMy WebLinkAbout04-24-78 Council Meeting MinutesBe it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Monday, April 24, 1978, 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 report that it has inspected the minutes of the April 10, 1978 meeting of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. /s/ Roger 0. Parent 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, April 24, 1978, at 6:00 p.m. with nine members present. Chairman Frank Horvath presiding: BILL NO. 30 -78 A BILL APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO THOMAS S. DREISBACH AND LORIE DREISBACH. 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 indicated that this $525,000.00 bond issue was to finance the Navarre Cadillac /Oldsmobile dealership. Council Member Kopczynski made a motion to recommend this bill tip, Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 31 -78 A BILL APPROVING THE FORM AND TERMS TRUST INDENTURE AND INDUSTRIAL DEVE BONDS AND AUTHORIZING THE EXECUTION TAINING TO ROBERT JOHN DeNOOYER AND DENOOYER AND JERRY LEE DENOOYER AND DENOOYER. OF LEASE AND LOPMENT REVENUE THEREOF PER - ANITA RUTH JOANE GRACE This being the time heretofore set for public hearing on the above bill, proponents and opponents were given anopportunity to be heard. Mr. Kenneth Fedder, attorney for the Economic Development Commission, made the presentation for the bill. He indicated this $600,000 bond issue was to finance the construction of a Datsun dealership on U. S. 31 north. He indicated this had been approved by the County Council. He said there would be twenty new jobs created. Council Member Szymkowiak made a motion to recommend this to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL46 -78 A BILL WITH RESPECT TO CERTAIN OFF-STREET PARKING FACILITIES OF THE CITY OF SOUTH BEND, INDIANA, AND THE REFINANCING OF THE CITY'S OFF- STREET PARKING REVENUE BONDS, SERIES 1969 PROJECT: AND AUTHORIZING THE CONVEYANCE OF SAID PARKING FACILITIES TO PARKING FACILITIES OF SOUTH BEND, INC., AND THE EXECUTION OF A LEASE AGREEMENT. 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 indicated that the present parking garages have been an albatross around the neck of the City. Mr. Peter Mullen, City Controller, made the presentation for the bill. He passed out a new page 4 to the lease agreement, as well as a copy of the articles of incorporation. He asked that the blanks be filled in on the lease agreement: On page 3 - enter St. Joseph Bank, as trustee; on Page 8 insert the figure-6f- $1,000,000 for the insurance liability; on page 23 insert St. Joseph Bank, 200 S. Michigan St., South Bend. He said the 1969 parking garage bonds have been in technical default since issue. He said the ordinance for the 1969 bond prevented the removal of the parking meters. He indicate( that the City would realize a one -half million dollar savings on the life of the issue. The City will sell the parking garages to the corporation and it will lease the facilities back for approximately thirty years. He said the City will have the same control. He said when the lease ends the title will revert back to the City. He said that Mr. Michael Borge, senior counsel for the bond company,Mr. Bud Deahl, Mr. Bob Parker and Mr. Gordon Medlock were in the Chambers. Council Member Adams questioned the language on page 15, section 13.02. Mr. Robert Parker, Deputy City Attorney, indicated that this was standard language as recommended by the bond counse= She indicated that in Section I of the Ordinance it does not indicate that the lease should go to the Board of Works. Mr. Parker indicated that this lease has been submitted to the Board of Works and approved -. He said the lease does not actually have to be signed by the Board of Works. She indicated that any changes in the lease ..should be approved by the Board of Public Works. Mr. Michael Borge indicated that permiting the mayor to make minor changes is standard language, but there was no objection to permiting the Board of Works to approve any change. She made a motion to add "and the Board of Works" after approval by the mayor in Section I, seconded by Council Member Kopczynski. The motion carried. Council President Parent asked what changes were made on page 4. Mr. Parker indicated the change is the advance rental payment. Council President Parent asked why this provision was made. Mr. Parker indicated that it was necessary that the initial payment go into the Sinking Fund. Mayor Nemeth indicated the $425,000 comes from differ- ent sources. He said there is approximately $345,000 in that fund and the City will have to add around $80,000. He said the $425,000 will be invested and the City will earn interest on this money. Council Attorney Cathy Cekanski - Farrand, asked if the present ordinance would be amended or repealed. Mr. Mullen indicated that when they get the consent required a new bill would be filed regarding the present ordinance. Council President Parent made a motion to REGULAR MEETING APRIL 24, 1978 recommend this bill.to the Council favorable, as amended, seconded by Council Member Dombrowski_ The motion carried. BILL NO. 15 -78 A BILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDI- NANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (NORTH OF IRELAND AND EAST OF IRONWOOD ROAD.) This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Rick Cary of Area Plan, made the presentation for the bill. He said this was the Edward Rose of Indiana development. He said this would be used for a] apartment complex. He described the surrounding area. Mr. Ed Rabbit, an officer with Edward Ros( indicated this development was intended to be entirely rental apartment units finance entirely` with private financing.. Council Member Dombrowski made a motion to recommed this bill to the Council favorable, seconded by Council President Parent. Council Member Horvath asked if there would be any commercial building in this development. Mr. Rabbitt indicated there would be no commercial. 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 WEST WASHINGTON STREETS.) This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Richard Morgan, attorney for the petitioners, Southolc made the presentation for the bill. He asked for an amendment to the bill and petition. He aske< that D light industrial and F height and area be added, since there was a small strip of land which carried this zoning. He said under intended uses add. "other related uses." He said on the bill, on page 2, B residential should be changed to C Commercial. He said the purpose of this re: is to allow Southold, the owners of the property, to enter into a lease,for the.facilities to be used as a restaurant. Ms. Nancy Major of Southhold gave a brief history of the mansion. Mr. Frec Slaym of Southhold gave the financial reasons for requesting this rezoning. Mr. Morgan indicated that the restaurant interested in Tippecanoe Place was Johnell's from Fort Wayne. He said the rezoning would effect only the interior of the structure. Council President Parent indicated he supported this rezoning, but did not support rezoning any other parcels on West Washington. Council Member Adams indicated she supported this rezoning since it was a unique case, but did not support any other commercial zoning in that area. She made a motion to amend the petition an( bill as read by Mr. Morgan, seconded by Council Member Dombrowski. The motion carried. Council Member Adams made a motion to recommend this bill to Council favorable, as amended, seconded by Council Member Dombrowkki. The motion carried BILL NO. 29 -78 A BILL AMENDING AND SUPPLEMENTING CHAPTER 6 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA, GENERALLY KNOWN AS THE BUILDING CODE OF THE CITY OF SOUTH BEND, INDIANA BY ADDING PROVISIONS RELATIVE TO FLOOD PLAIN REGULATIONS. This being the time heretofore set.for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Rick Carey of Area Plan made the presentation for the bill. He indicated this bill was the last step for the City to be a full participating member o the National Flood Insurance. Council Member Adams made a motion to recommend this bill to the Council favorabe, seconded by Council Member Dombrowski. The motion carried. BILL NO. 32 -78 A BILL REVISING ORDINANCE NO. 5544 -73, PERTAINING TO PARK RULES AND REGULATIONS. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. James Seitz, Superintendent.of Parks, made the presen tation. He indicated they were requesting the curfew time be lowered to 11:00 p.m. He said it was felt there was no need for persons to be in the city parks after 11:00 p.m., except for speci functions. Mrs. Jane Swan, 2022 Swygart, asked if this included softball games. Mr. Seitz Indic that some games could go after 11:00 p.m. She indicated the drinking and littering problem was caused by the softball teams. Mr. Seitz said the security chief was going to meet with all the managers, and if a team does not conform to the rules they will be banned from the league. Mr. Robert Parker, Deputy City Attorney, indicated there should be an amendment to the title to read: An Ordinance amending Section 4 -81 of the Municipal Code of South Bend, Indiana, pertaining to Park Rules and Regulations. Council President Parent made a motion to amend the title, seconded by Council Member Kopezynski. The motion carried. Council Member Taylor made a motion to recomm the bill to the Council favorable, as amended, seconded by Council Member Dombrowski. Motion car BILL NO. 33 -78, A BILL APPROPRIATING INTEREST EARNED FROM THE PURCHASE OF CERTIFICATES OF DEPOSIT OUT OF THE PROCEEDS OF THE 1977 PARK DISTRICT BONDS TO THE PARK DISTRICT BOND CONSTRUCTION FUND 50 IN THE AMOUNT OF $88,000.00, This being the time heretofore set were given an opportunity to be he tation for the bill.. He said they Certificates of Deposits. He said Member Szymkowiak.made a motion to Council Member Taylor.: The motion for public hearing on the above bill, proponents and opponents ird. Mr. James Seitz, Superintendent of Parks, made the presen were requesting this appropriation from interest earned on these funds would be used for paving, lighting, etc. Council recommend this bill to the Council favorable, seconded by carried. BILL NO. 34 -78 A BILL AMENDING CHAPTER20, ARTICLE 3, ABANDONED VEHICLES OF THE'MUNICIPAL CODE OF THE CITY OF SOUTH BEND. This being the time heretofore set for public hearing.on the above bill, proponents and opponents were give an opportunity to be heard. Council Member Richard Dombrowski made the presentation fo the bill. He said this bill would amend a confusing law. He gave a brief description of the con tents of the bill Mr. Glenn Terry, Services Division Chief, indicated the Police Department supported this bill. He said the Police Department operated under an existing State law wherein ning ed ed. e REGULAR MEETING APRIL 24, 1978 disposal of the property is turned over to the City and at the end of the year the money is turned over to the Police Pension Fund. He asked several questions regarding this bill, and his question were answered. Council Member Adams indicated there was a problem with people being on vacation and leaving their cars for more than seven days.. She asked if they could add to Section 20 -28, except those parked at the address listed on the current registration. It was the consensus of opinion that this could not be done. She asked Chief Terry if he would guarantee that cars will not be towed away. Chief Terry indicated he could not guarantee this, but the vehicle would not be disposed of if its value was over $100, it would be kept in storage. Council President Parent made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. BILL 35 -78 A BILL APPROPRIATING $5,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS.GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC WORKS PROGRAMS TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC WORKS. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard: Mr. Patrick McMahon, Director of Public Works, made the presentation for the bill. He said this appropriation would be used to purchase a Radio Frequency Spectrum Analyzer for the Bureau of Communications. He said FCC License and Regulations places very strict limitations upon the authorized power of our transmitters, and at the present time we do not have the capability of monitoring the amount of radiation transmitted. Council Member .dams made a motion to, recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 36 -78 A BILL APPROPRIATING $20,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC WORKS PROGRAMS TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC WORKS. This being the time heretofore set for public hearing on the above bill, proponents., and opponents were given an opportunity to be heard. Mr. Patrick McMahon, Director of Public Works, made the presentation for the bill. He said this appropriation was for fencing for MSF. He said this would reduce access to the City -owned property, thus reducing the probability of theft of gasoline and other materials from the premises. Council Member Dombrowkki made a motion to recommend this bill to the Council favorable, seconded by Council Member Szymkowiak. The motion carried. BILL NO. 37 -78 A BILL APPROPRIATING $251,592.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY KNOWN AS GENERAL REVENUE SHARING, FOR THE CITY'S ONE -THIRD SHARE OF THE E -3 AND E -5 CODE ENFORCEMENT PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND, THROUGH ITS DEPARTMENT OF ADMINISTRATION AND FINANCE. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Wayne Brownell, Director of Redevelopment, made the presentation for the bill. He said this was the City's portion of the E -3 and E -5 projects. which were completed May 31, 1974. He said in view of the fact that the R -66 is now coming to an end, these costs must be reimbursed to the Redevelopment.Commission. Council Member Adams asked if this was being paid because of cost- overruns on the project. Mr. Brownell indicated that $221,000 was the cost- overrun. She asked why they had,the cost- overrun. Mr. Brownell indicated that the City Engineer at that time requested certain improvements be made and it turned out that there was an overrun. Council Member Szymkowiak made a motion to recommend this bill to the council favorable, seconded by Council Member Parent. The motion carried. BILL NO. 38 -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 THE BUREAU OF POLICE. 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 indicated that the State Board of Accounts would not approve Ordinance No. 6320 -78, due to a discrepancy in the timing of advertising. He said they were submitting this bill again. Council Member Taylor and the Mayor thanked the members of the Police Merit Board. the Motion carried. BILL NO. 39 -78 A BILL APPROVING MONEYS FOR THE PURPOSE OF DEFRAYING THE CETA TITLE VI EXPENSES OF THE DEPARTMENT OF EMPLOYMENT AND TRAINING FOR THE FISCAL PERIOD BE- GINNING JANUARY 1,,. 1979; AND ENDING SEPTEMBER 30, 1978, ENCLUDING ALL OUTSTANDING CLAIMS AND OBLIGA- TIONS,. 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. Elroy_Kelzenberg, Director of Ceta made the presenta- tion for the bill. He said this budget of $711,286 was for the Summer Program for Economically Disadvantaged Youth for 1978. He said this was preliminary planning figures and the final figures have not been received at this time Council Member Adams made a motion to recommend this bill to the.Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 40 -78 A BILL APPROVING MONEYS FOR THE PURPOSE OF DEFRAYING THE CETA TITLE VI EXPENSES OF THE DEPARTMENT OF EMPLOYMENT AND TRAINING FOR THE FISCAL PERIOD BE- GINNING JANUARY 1,1978 and ENDING SEPTEMBER 30, 1978, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGA- TIONS, 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 REGULAR MEETING APRIL24, 1978 were given an opportunity to be heard. Mr. Elroy Kelzenberg, Director of CETA, made the presen- tation for the bill. He requested an amendment to the budget, due to typing errors. He said and account no. 120, current FY 78, should be $1,683,000, the amended FY should be $2,177,053. Counci Member Adams made a motion to amend, seconded by Council Member Dombrowski. The motion carried. Mr. Kelzenberg indicated this was an amended budget which reflects an increase in Title VI funds from the Department of Labor. Council Member Dombrowski made a motion to. recommend this bill to the Council favorable, as amended, seconded by Council Member Taylor. The motion carried. BILL NO. 41 -78 AN ORDINANCE APPROPRIATING $17,620.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR THE 1978 ETHNIC FESTIVAL, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF HUMAN RESOURCES. This being the time heretofore set for were given an opportunity to be heard. presentation for the bill. He indicat and Sunday, July 2nd and the fireworks a motion to recommend this bill to the The motion carried. public hearing on the above bill, proponents and opponents Mr. Carl Ellison, Director of Human Resources, made the ed that the festival would take place Saturday, July 1st will be on Tuesday July 4th. Council Member Serge made Council favorable, seconded by Council Member Dombrowski. BILL NO. 42i -78 AN ORDINANCE APPROPRIATING $150,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY KNOWN AS GENERAL REVENUE SHARING, FOR CENTURY CENTER, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE DEPARTMENT OF PUBLIC WORKS. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Patrick McMahon made the presentation for the bill. He distributed a report showing how much money had been appropriated to Century Center. He said total of $14,760,855 had been appropriated, including this $150,000. Council Member Dombrowski made a motion to recommend this bill to the Council favorable, seconded by Council Member Miller. Council Member Adams indicated she will be voting against this bill. She asked the Council to to at the costs. She said the City had already been asked to pay for the furnishings, which we did. not count on. She said the expected revenues were falling at Century Center. Council Member Kopczynski indicated there were many essential services that are starting to slide. The motion carried on a roll call vote of six ayes and three nays (Council Members Kopczynski, Adams and Horvath.) BILL NO. 44 -78 A BILL APPROPRIATING $36,200.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY KNOWN AS GENERAL REVENUE SHARING, FOR VARIOUS FIRE DEPARTMENT ACTIVITIES TO BE ADMINISTERED BY THE CITY OF SOUTH BEND, THROUGH ITS FIRE DEPARTMENT. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Chief Van Wiele, made the presentation for the bill. He said this appropriation would replace moneys taken out of the budget during the 1978 budget prepai tion. He said $4,000 would be used for temporary modifications on old Station 8 on Olive Street and $32,000 will be place in Other Equipment, to be used for fire hose replacement, ambulance equ_ ment, mattresses, training manuals and a new air compressor, and breathing appartus. Council Member Kopczynski made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 45 -78 A BILL APPROPRIATING $18,085.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC WORKS PROGRAMS TO BE ADMINISTERED BY THE CITY OF SOUTH BEND, THROUGH ITS DEPARTMENT OF EMPLOYMENT AND TRAINING. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Elroy Kelzenberg, made the presentationfor the bill. He said this appropriation would be used for the 1978 Summer Enviornmental Clean -up Program. Council President Parent made a motion to amend this bill by changing the word Department to Bureau, seconded by Council Member Dombrowkki. The motion carried. Council Member Dombrowski made a motion to recommend this bill to the Council favorable, as amended,. seconded by Council Member Adams. The motion carried. BILL NO. 46 -78 A BILL ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF THE CITY OF SOUTH BEND, INDIANA CERTAIN LANDS LOCATED IN CENTRE TOWNSHIP, ST. JOSEPH COUNTY, 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. Jack Dunfee, attorney for the petitioners made the presentation for the bill. He said this was a voluntary annexation of 116 acres of land in Centr( Township. He said this land adjoins the Kensington Farm Development. He said the petition and agreement filed with the Clerk did not contain the signatures of the Board of Public Works, and that the Board had requested some changes in the agreement. Council Member Taylor made a motion to amend the bill by accepting the new agreement and petition. Seconded by Council President 4aremt. The motion carried. Council Member Szymlowiak made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Adams. The motion carried. There being no further business to come Parent made a motion to rise and report Dombrowski. The motion carried and the ATTEST: ity Clerk REGULAR MEETING RECONVENED before the Committee of the Whole, Council President to the Council and recess, seconded by Council Member meeting was recessed at 8:20 p.m. ATTEST: Chairman Be it.remembered that the regular meeting of the Common Council of the City of South Bend FJ reconvened in the Council Chambers on the fourth floor of the County -City Building at 8:30 p.m., Council President Parent presiding and seven Council Members present (Council Members Adams and Horvath returned to the Chambers later.) BILLS. SECOND READING ORDINANCE NO. 6325 -78 AN ORDINANCE APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO THOMAS S. DREISBACH AND LORIE DREISBACH. This bill had second reading. Council Member Miller made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of seven ayes (Council Members Adams and Horvath were absent from the Chambers.) ORDINANCE NO. 6326 -78 AN ORDINANCE APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO ROBERT JOHN DENOOYER AND ANITA RUTH DENOOYER AND JERRY LEE DENOOYER AND JOANNE GRACE DENOOYER. This bill had second reading. Council Member Miller made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of eight ayes (Council Member Horvath was absent from the Chambers.) ORDINANCE NO. 6327 -78 AN ORDINANCE WITH RESPECT TO CERTAIN OFF- STREET PARKING FACILITIES OF THE CITY OF SOUTH BEND, INDIANA, AND THE REFINANCING OF THE CITY'S OFF- STREET PARKING REVENUE BONDS, SERIES 1969 PROJECT, AND AUTHORIZING THE CONVEYANCE OF OF SAID PARKING FACILITIES TO PARKING FACILITIES OF SOUTH BEND, INC., AND THE EXECUTION OF A LEASE AGREEMENT. This bill had second reading. Council Member Adams made a motion to amend this bill as amended in the Committee of the Whole, seconded by Council Member Miller. The motion carried. Council Member Adams made a motion to pass this bill, as amended, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6328 -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) (NORTH OF IRELAND ROAD AND EAST OF IRONWOOD ROAD.) This bill had second reading. Council Member Miller made a motion to pass this bill, seconded by Council Member Dombrowksi. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6329 -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) (SOUTHWEST CORNER OF TAYLOR AND WEST WASHINGTON STREETS.) This bill had second reading. Council-Member Adams made a motion to amend this bill as amended in the.Committee of the Whole, seconded by Council Member Dombrowski. The motion carried. Coun- cil Member Adams made a motion to pass the bill, as amended, seconded by Council Member Kopczynski The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6330 -78 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 6 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA, GENERALLY KNOWN AS THE BUILDING CODE OF THE CITY OF SOUTH BEND, INDIANA, BY ADDING PROVISIONS RELA- TIVE TO FLOOD PLAIN REGULATIONS. This bill had second reading. Council Member Taylor 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. 6331 -78 AN ORDINANCE AMENDING SECTION 4 -81 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA, PERTAINING TO PARK RULES AND REGULATIONS. This bill had second reading. Council Member Miller 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 pass the bill, as amended, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6332 -78 AN ORDINANCE APPROPRIATING INTEREST EARNED FROM THE PURCHASE OF CERTIFICATES OF DEPOSIT OUT OF THE PRO- CEEDS OF THE 1977 PARK DISTRICT BONDS TO THE PARK DISTRICT BOND CONSTRUCTION FUND N 50 IN THE AMOUNT OF $88,000.00. 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 APRIL 24, 1978 REGULAR MEETING RECONVENED (CONTINUED ORDINANCE NO. 6333 -78 AN ORDINANCE AMENDING CHAPTER 20, ARTICLE 3, ABANDONED VEHICLES OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND. This bill had second reading. Council Member Serge 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. 6334 -78 AN ORDINANCE APPROPRIATING $5,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE- SHARING, FOR VARIOUS PUBLIC WORKS' PROGRAMS TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC WORKS. 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. 6335 -78 AN ORDINANCE APPROPRIATING$20,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVE- NUE SHARING, FOR VARIOUS. PUBLIC WORKS PROGRAMS TO BE AD- MINISTERED BY THE CITY OF SOUTH BENDTHROUGH ITS DEPART- MENT OF PUBLIC WORKS. 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. 6336 -78 AN ORDINANCE APPROPRIATING - $251,592.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY KNOWN AS GENERAL REVENUE SHARING, FOR THE CITY'S ONE -THIRD SHARE OF THE E -3 AND E -5 CODE ENFORCEMENT PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND, THROUGH ITS DEPARTMENT OF AD- MINISTRATION AND FINANCE. This bill had second reading. Council Member Dombrowski made a motion to pass this bill, second( by Council Member Serge. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6337 -78 AN ORDINANCE 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 THE BUREAU OF POLICE. This bill had second reading. Council Member Taylor 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. 6338 -78 AN ORDINANCE APPROVING MONEYS FOR THE PURPOSE OF DE- FRAYING THE CETA TITLE III SPEDY EXPENSES OF THE DEPARTMENT OF EMPLOYMENT AND TRAINING FOR THE FISCAL PERIOD BEGINNING JANUARY 1, 1978, AND ENDING SEPTEMBER 30, 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 pass this bill, seconded by Council Member Taylor. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6339 -78 AN ORDINANCE APPROVING MONEYS FOR THE PURPSOE OF DEFRAYING THE CETA TITLE VI EXPENSES 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 bill had second reading. Council. Member Taylor made a motion to amend this bill, as amender in the Committee of the Whole, seconded by Council Member Dombrowski. The motion carried. Coun< Member Taylor made a motion to pass this bill, as amended, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. - ORDINANCE NO. 6340 -78 AN ORDINANCE APPROPRIATING $17,620.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR THE 1978 ETHNIC FESTIVAL, TO BE ADMINISTERED BY THE CITY OF SOUTH BENDTHROUGH ITS DEPARTMENT OF HUMAN RESOURCES. This bill had second reading. Council Member Dombrowski made a motion to pass this bill, sec by Council Member Taylor. The bill passed by a roll call vote of nine ayes.. ORDINANCE NO. 6341 -78 AN ORDINANCE APPROPRIATING$150,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY KNOWN AS GENERAL REVENUE SHARING, FOR CENTURY CENTER, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND, THROUGH THE DEPARTMENT OF PUBLIC WORKS. This bill had second reading. Council Member Adams made a motion to defeat this bill, seconded by Council Member Kopczynski. The motion failed on a roll call vote of six nays and three ayes (Council Members Kopczynski, Adams and Horvath.) Council Member Serge made a motion to pass thi; bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of six ayes and three nays (Council Members Kopczynski, Adams and Horvath.) 1 REGULAR MEETING APRIL 24, 1978 REGULAR MEETING RECONVENED (CONTINUED) ORDINANCE NO. 6342 -78 AN ORDINANCE APPROPRIATING $36,200.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY KNOWN AS GENERAL REVENUE SHARING, FOR VARIOUS FIRE DEPARTMENT ACTIVITIES, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND, THROUGH ITS FIRE DEPARTMENT. This bill had second reading. Council Member Dombrowski made a motion to pass this bill, second by Council Member Taylor. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6343 -78 AN ORDINANCE APPROPRIATING $18,085.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC WORKS PROGRAMS TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS BUREAU OF EMPLOYMENT AND TRAINING. 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 Taylor. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6344 -78 AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF THE CITY OF SOUTH BEND, INDIANA, � CERTAIN LAND LOCATED IN CENTRE TOWNSHIP, ST. `�'s .v�� ��� JOSEPH COUNTY, INDIANA. This bill had second reading. Council Member Adams made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Taylor. 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. RESOLUTIONS RESOLUTION NO. 618 -78 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, AUTHORIZING THE BOARD OF 'PUBLIC WORKS TO NEGOTIATE THE SALE OF LOT NUMBERED THIRTY -SIX (36) IN ARNOLD tiND PAGIN'S SUBDIVISION IN THE CITY OF SOUTH BEND, COMMONLY KNOWN AS 235 N. STUDEBAKER STREET. WHEREAS, the Board of Public Works of the City of South Bend, Indiana, pursuant to the Municipal Code of the CIty of South Bend, Chapter 14.5, has offered for sale a parcel of land described as Lot Numbered Thirty -six (36) in Arnold and Pagin's Subdivision of the City of South Bend, commonly known as 235 N. Studebaker Street, at an offering price of $552.00, and WHEREAS, the Board of Public Works of the City of South Bend has now received an offer to purchase the property at 235 N. Studebaker Street for a price of $300.00. with an additional commitment to repair the borken sidewalk and curbing on the property within a period of one hundred and twoenty (120) days from the date of the contract, and WHEREAS, the Board of Public Works has now complied with all requirements of the Municipal Code of the CIty of South Bend, Chapter 14.5, which establishes procedures for the disposition of real property owned by the City of South Bend, and more specifically real property valued by the Board at less than $1,000. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the CIty of South Bend that: SECTION I. The Board of Public Works be authorized to negotiate a contract for the sale of Lot Numbered Thirty -six (36) in Arnold and Pagin's Subdivision in the City of South Bend, commonly known as 235 N. Studebaker Street for a total price of $300.00, with the contract to stipulate that the purchaser will repair the broken sidewalk and curbing on the property within a period of one hundred and twenty (120) days from the date of the contract. 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/ Roger 0. Parent' Member of the Common Council A public hearing was held at this time on the resolution.. Mr. Patrick McMahon, Director of Publil Works, indicated that the offering price for the property was less than the appraised value; however, the proposed purchaser was going to repair the sidewalks and curbs. Council Member Kopczynski made a motion to adopt this resolution, seconded by Council Member Taylor. The motion carried on a roll call vote of nine ayes. REGULAR MEETING APRIL 24, 1978 COMMITTEE OF THE WHOLE MEETING (CONTINUED RESOLUTION NO. 619 -78 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, AUTHORIZING THE MAYOR TO SUBMIT TO THE STATE DEPARTMENT OF PUBLIC INSTRUCTION A GRANT APPLICATION THROUGH THE YOUTH SERVICE BUREAU FUND OF THE INDIANA STATE LEGISLATURE. WHEREAS, the Mayor of the City of South Bend is,the Chief Executive Officer of the City, and is the Applicant for funding through the Indiana Department of Public Instruction, NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana that: SECTION I. The Mayor of the City of South Bend is hereby authorized to submit an applica- tion for State funding in the amountof Fifteen Thousand, Eight Hundred Ninty Dollars (15,890) to the Indiana Department of Public Instruction. SECTION II. The Executive Director of the Youth Service Bureau shall be designated the Administrative Agent for this grant. For every category established under this Resolution, the Mayor shall submit to the Common Council a line item budget prior to the expeditures of any grant money received upon approval of this application. SECTION III. This resoution shall be in full force and effect from and after its adoption by the Common Council and approval of the Mayor. /s /Joseph T. Serge Member of the Common Council A public hearing was held at this time on the resolution. Ms. Bonnie Strycker, Director of Youth Services Bureau, indicated that the State Legislature has authorized funding of all Youth Service Bureaus in the State. Council Member Serge made a motion to adopt this resolution, seconded by Council Member Dombrowski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 620 -78 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, AUTHORIZING THE MAYOR TO SUBMIT TO THE COMMUNITY SERVICES ADMINISTRATION, AN APPLICATION FOR SUMMER YOUTH RECREATION FUNDS UNDER SECTION '222 (2) (13) OF THE ECONOMIC OPPORTUNITY ACT OF 1964, AS AMENDED. WHEREAS, the Mayor of - -the City of South Bend is the Chief.Executive':Officer of the city, and is the applicant for Summer Youth Recreation funds under Section 222'(2) -(13) of the- Economic Opportunity Act of 1964, as amended. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana; SECTION I. That the Mayor of the City of South Bend is hereby authorized to submit an application for Eighteen Thousand Twenty Dollars (18020) plus One,Thousand Five Hundred Eighteen Dollars (1,518) of unobligated FY77 funds, to the Community Services Administration. SECTION II. That this Resolution shall be in full force and effect from and afters its adoption by the Common Council and approval by the Mayor. /s /Joseph T. Serge Member of the Common Council A public hearing was held at this time on the resolution. Mr. Carl Ellison indicated this resolution requested authorization to submit an application for Summer Recreation funds. Council Member Dombrowski made a motion to adopt this resolution, seconded by Council Member Taylor. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 621 -78 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE BOARD OF HEALTH TO ACCEPT THE POSITION AS A DESIGNATED MANAGEMENT AGENCY. WHEREAS, Section 208 of the Federal Water Pollution Control Act of 1972, as amended, (Public Law 92 -500) requires the development and implementation of an Areawide Water Treatment Management Plan for Elkhart, LaPorte, Marshall and St. Joseph Counties, Indiana (hereinafter referred to as the "MACOG Water Quality Management Plan "); and WHEREAS, the Governor has designated the Michiana Area Council of Governments (MACOG) as the agency responsible for the development of the MACOG Water Quality Management Plan for Elkhart LaPorte, Marshall, and St. Joseph Counties, Indiana; and WHEREAS, Public Law 92 -500, as amended, requires that an agency or agencies be designated by the Governor to implement the MACOG Water Quality Management Plan; and WHEREAS, the Michiana Area Council of Goverments has requested the Health Department of St. Joseph County, Indiana to accept ,a position as designated management agency for certain aspects of its Water Quality Management Plan; and WHEREAS, the Board of Health of St. Joseph County, Indiana and the St. Joseph County Health Department function as the health department for the City of South Bend, the City of Mishawaka, and St. Joseph County; and ii REGULAR MEETING APRIL 24, 1978 REGULAR MEETING RECONVENED (CONTINUED WHEREAS, The Board of Health, and the Health Department should be authorized by the legislative bodies of these local governmental units to accept the proposed designated management agency responsibility; NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana, that: SECTION I. The Common Council of the City of South Bend hereby authorizes the St. Joseph County Health Department by its Board of Health to accept the status as designated management agency under the MACOG Water Quality Management Plan referred to above and to adopt a resolution to that effect and to assume all of the required responsibilities contained in the MACOG Water Quality Management Plan. SECTION II. This resolution shall be in full force and effect from and after the adoption by the Common Council and approval by the Mayor. /s /Roger O. Parent Member of the Common Council A public hearing was held at this time on the resolution. Council President Parent indicated that the attorney for the St. Joseph County Health Department had requested this resolution, for certain aspects of the Water Quality Management Plan. Council Member Adams made a motion to adopt this resolution, seconded by Council Member Serge. The resolution was adopted by a roll call vote of nine ayes. BILLS. FIRST READING BILL NO. 48 -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) (IRONWOOD AND KERN ROAD, KENSINGTON FARMS EAST.) This bill had first reading. Council Member Adams made a motion to refer this bill and petition to Area Plan, seconded by Council Member Miller. The motion carried. BILL NO. 49 -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 PORTAGE AVENUE AND THE INDIANA TOLL ROAD RIGHT -OF -WAY, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA.) This bill had first reading. Council Member Adams made a motion to refer this bill and petition to Area Plan and the Council's Public Works Committee, seconded by Council Member Horvath. The motion carried. BILL NO. 50 -78 A BILL REDUCING THE 1978 MOTOR VEHICLE HIGHWAY BUDGET IN THE AMOUNT OF $3441,567.00, AS MANDATED BY THE OFFICE OF THE STATE BOARD OF TAX COMMISSIONERS. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading May 8, 1978, seconded by Council Member Dombrowski. The motion carri BILL NO. 51 -78 A BILL APPROPRIATING $18,642.00 FROM THE FEDERAL DISASTER ASSISTANCE ADMINISTRATION FOR EXTRA- ORDINARY AND DIRECT COSTS INCURRED DURING THE BLIZZARD OF 1978, TO THE MOTOR VEHICLE HIGHWAY FUND., TO BE ADMINISTERED BY 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 May 8, 1978, seconded by Council Member Dombrowski. The motion carriE BILL NO. 52 -78 A BILL APPROPRIATING $440,000.00 FROM THE MOTOR VEHICLE HIGHWAY SPECIAL DISTRIBUTION FUND FOR VARIOUS PROGRAMS TO BE ADMINISTERED BY THE DEPART- MENT OF PUBLIC WORKS. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading May 8, 1978, seconded by Council Member Dombrowski. The motion carr BILL NO. 53 -78 A BILL APPROPRIATING $162,320.00 FROM THE LOCAL ROAD AND STREET- SPECIAL DISTRIBUTION FUND FOR EXTRAORDINARY AND DIRECT COSTS INCURRED AS THE RESULT OF SNOW REMOVAL OPERATIONS DURING 1978, TO BE ADMINISTERED BY 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 May 8, 1978, seconded by Council Member Dombrowski. The motion carr REGULAR MEETING APRIL 24, 1978 REGULAR MEETING RECONVENED (CONTINUED) BILL NO. 54 -78 A BILL APPROPRIATING $15,000.00 FROM 1,OCAL ROAD AND STREET- SPECIAL DISTRIBUTION FUND TO PROJECT R &S 53, SAMPLE STREET (CHAPIN TO OLIVE) IMPROVEMENTS, WITHIN THE LOCAL ROAD AND STREET - SPECIAL DISTRIBUTION FUND. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading May 8, 1978, seconded by Council Member Dombrowski. The motion carried. BILL NO. 55 -78 A BILL APPROPRIATING $174,000.00 FROM LOCAL ROAD AND STREET- SPECIAL DISTRIBUTION FUND TO PROJECT R &S 7803, ANGELA BOULEVARD IMPROVEMENTS, WITHIN THE LOCAL ROAD AND STREET - SPECIAL DISTRIBUTION FUND. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading May 8, 1978, seconded by Council Member Dombrowski. The motion carried. BILL NO. 56 -78 A BILL APPROPRIATING $121,700.00 FROM LOCAL ROAD AND STREET- SPECIAL DISTRIBUTION FUND TO PROJECT R &S 7801, SIGNALIZATION IMPROVEMENTS AT TEN INTERSECTIONS, WITHIN THE LOCAL ROAD AND STREET - SPECIAL DISTRIBUTION FUND. This bill had first reading. Council Member Adams made a'motion to set this bill for public hearing and second reading May 8, 1978, seconded by Member Dombrowski. The motion carried. BILL NO. 57 -78 A BILL APPROPRIATING $35,800.00 FROM LOCAL ROAD AND STREET - SPECIAL DISTRIBUTION FUND TO PROJECT R &S 7802, SIGNALIZATION IMPROVEMENTS AT THREE INTERSECTIONS, WITHIN THE LOCAL ROAD AND STREET- SPECIAL DISTRIBUTION FUND. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading May 8, 1978, seconded by Council Member Dombrowski. The motion carri BILL NO. 58 -78 A BILL TRANSFERRING THE SUM OF $3,590.00 FROM ACCOUNT NO. 110.0, SALARIES AND WAGES, REGULAR, TO ACCOUNT NO. 260.0, OTHER CONTRACUALS, IN THE AMOUNT OF $3,590.00. ALL ACCOUNTS BEING WITHIN THE BUREAU OF COMMUNICATIONS BUDGET OF THE GENERAL 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 may 8, 1978, seconded by Council Member Dombrowski. The motion carried. BILL NO. 59 -78 A BILL TRANSFERRING THE SUM OF $1,500.00 FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN FA144, YOUTH SERVICE BUREAU 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 May 8, 1978, seconded by Council Member Dombrowski. The motion carried. BILL NO. 60 -78 A BILL APPROPRIATING $136,500.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC WORKS PROGRAMS TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC WORKS. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading May 8, 1978, seconded by Council Member Dombrowski. The motion carried. PRIVILEGE OF THE FLOOR Mrs. Jane Swan, 2022 Swygart, read the following letter from the Rum Village Association. South Bend Common Council County -City Building South Bend, Indiana The members and officers of the Rum Village Neighborhood Association joins with the South Bend Common Council and citizens of South Bend in opposing the 33.7% rate increase sought by Indiana and Michigan Electric Company. The Rum Village Neighborhood Association fully supports the Council's position in unanimously passing the resolution sponsored by Councilman Frank Horvath opposing the increase and requesting the PSC to hold a hearing on the proposed rate increase in South Bend. /s/ Ann Varguas, President Officers of Rum Village Neighborhood Association Members of Rum Village Association C REGULAR MEETING APRIL 24, 1978 REGULAR MEETING RECONVENED (CONTINUED UNFINISHED BUSINESS REPORTS FROM AREA PLAN: "Upon a motion by Joseph Serge, being seconded by KE:nneth Woods and carried, the petition of William H. Dunfee, IPM a Partnership, to zone from "A" Residential, "A" height and Area, to "C" Commercial, "A" Height and Area, property located at the southwest corner of Ireland and Ironwood Roads, City of South Bend, istabled until the Area Plan Commission receives additional information from the City Engineer." "Upon a motion by Joseph Serge, being seconded by June Stratton and unanimously carried, the petition of John T. Hartman and Madeleine P. Crawford, to zone from "A" Residential, "A" Height and Area, to "C" Commercial, "A" Height and Area, property located at 3451 Lincolnway West, west of Iowa Street, City of South Bend, is returned to the Common Council with a favorable recommendation, subject to a final site plan." "Upon a motion by Joseph Serge, being seconded by Earl Kime and un -. animously carried, the petition of T. Brooks Brademas, to zone from "B" Residential, "B" Height and Area, and "D" Light Industrial, "E" Height and Area, to "B" Residential, "G" Height and Area, property located at the southeast corner of Wayne Street and St. Louis Boulevard, City of South Bend, is returned to the Common Council with a favorable recommendation, subject to a final site plan, obtaining a variance for the number of off - street parking spaces, and meeting thc• requirements of the City Engineer. Council Member Adams--made a_m_otion'to set the appropriate bills for public hearing and second reading May 8, 1978, seconded by Council Member Dombrowski. The motion carried. RESOLUTION NO 609 -78 A RESOLUTION`OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REQUESTING-THE CITY ADMINISTRATION TO APPROPRIATE SUFFICIENT FUNDS FOR THE BUILDING OF A FISHING PARK AND BOAT RAMP NEAR -THE ST. JOSEPH RIVER IN 1979. (Vetoed by the Mayor.) Council Member Adams made 'a motion that the Council reaffirm their feeling regarding this resolution, seconded by Council Member Kopczynski. The motion carried by a roll call vote of six ayes and three nays (Council Members Szymkowiak, Serge and Miller.) NEW BUSINESS Council Member Horvath made a motion to suspend rules and have first reading on two bills for Economic Development Commission bonds, seconded by Council Member Adams. The motion carried on a roll call vote of nine ayes. BILL NO. 62 -78 A BILL APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE AND INSUTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO H.T.W. PARTNERSHIP. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading May 8, 1978, seconded by Council Member Dombrowski. The motion carri BILL NO. 63 -78 A BILL APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO BRUNO EIDIETIS. This bill had first reading. Council Member Taylor made a motion to set this bill for public hearing and second reading May 8, 1978, seconded by Council Member Dombrowski. The motion cars Council Member Adams announced meetings of the Personnel & Finance Committee for April 26, at 4:30 p.m., and May 3, at 4:30 p.m. Council Member Taylor indicated that a letter should be sent to the County Commissioners to stop the ridiculous practice of having the Jefferson Street doors locked on meeting nights. Council Member Dombrowski indicated that a letter should be sent to Battalion Chief Szymkowiak regarding the fact that the doors are locked. 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 Dombrowski. The motion carried and the meeting was adjourned at 9:00 p.m. ATTEST: APPROVED: Citty Clerk Presi en L�4 1,4