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HomeMy WebLinkAbout08-14-78 Council Meeting MinutesREGULAR MEETING AUGUST 14, 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, August 14, 1978, at 7:00 p.m. Council Vice President Dombrowski presiding. The meeting was called to order, and the Pledge to the Flag was given. ROLL CALL PRESENT: Council Members Serge, Szymkowiak, Miller, Adams, Dombrowski and Horvath ABSENT: Council Members Taylor, Kopczynski and Parent 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 July 24, 1978 meeting of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. /s /Mary Christine Adams Council Member Miller made a motion that the minutes of the July 24, 1978, meeting be placed on file, seconded by Council Member Serge. The motion carried. SPECIAL BUSINESS Mayor Nemeth made a presentation for a resolution to assist the people in South Bend, Texas. Council Vice President Dombrowski indicated this would be handled along with the other resolu- tions on the agenda REPORTS FROM CITY OFFICES Mr. Carl Ellison, Director of Community Development briefly reported on Community Development's performance. He indicated they were required to have a performance hearing by HUD, and this report would serve that purpose. Council Member Adams made a motion to resolve into the Com- mittee 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, August 14, 1978, at 7:07 p.m., with six members present. Chairman Frank Horvath presiding. BILL NO. 122 -78 A BILL AUTHORIZING THE CITY OF SOUTH BEND, INDIANA TO ISSUE ITS ECONOMIC DEVELOPMENT REVENUE BONDS, (THE BENDIX CORPORATION PROJECT), SERIES 1978, AND APPROVING OTHER ACTIONS IN RESPECT THERETO. 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 Developmen Commission, made the presentation for the bi�l. He indicated that $1,000,000 bond issue was for the acquisition and installation of certain machinery and equipment at the Bendix Corporation. He said 52 new hourly jobs and 11 salary jobs will be created with an estimated payroll of $1,000,000. Council Member Szymkowiak made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. Council Member Miller congratulated the Bendi Corporation. The motion carried. BILL NO. 123 -78 A BILL APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE AND INDUSTIRAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO ACRA ACRES. 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 indicated that this $275,000 bond issue was for the construction and equipping of a facility at 51563 U.S. 31 North. He indicated five new jobs would"be created. Council Member Adams made a motion to recommend this to the Council favorable, seconded by Council Member Dombrowski. The motion carried. REGULAR MEETING AUGUST 14, 1978 COMMITTEE OF THE WHOLE MEETING (CONTINUED) BILL NO. 86 -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) (NEAR INDIANA #123 AND GRANT ROAD.) 305 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 Locker, a local real estate broker represent- ing the developer, made the presentation for the bill. He indicated this rezoning was requested to allow for the construction of a furniture store. He indicated the building would have a value of about $101,000 and there would be approximately six jobs created. Council Member Serge made a motion to recommend this bill to the Council favorable, seconded by Council Member Adams. The motion carried. BILL NO. 87 -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) (2403 E. JEFFERSON.) Council Member Adams made a motion to withdraw this bill, seconded by Council Member Dombrowski. The motion carried. BILL NO. 89 -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) (BETWEEN SOUTH MAIN AND SOUTH MICHIGAN, 295' SOUTH OF CHIPPEWA.) 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 Carry, of Area Plan, indicated that a number of years ago this site was rezoned to "C" Commercial. He indicated that the purpose of this rezonin is that the "C2" zoning had expired. Mr. Warren McGill, attorney for the petitioner, made the presentation for the bill. He indicated that the surrounding area was basically commercial. He said this rezoning would allow them to build a Sambo's restaurant. Council Member Adams made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 120 -78 A BILL ANNEXING.TO AND BRINGING WITHIN THE CITY LIMITS OF THE CITY OF SOUTH BEND, INDIANA, CERTAIN LAND LOCATED IN PORTAGE 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 petitioner, the South Bend Community School Corporation, made the presentation for the bill. He said this was a petition to annex Dickinson Middle School to allow for City police and fire services. Council Member Adams asked Mr. McMahon if the right -of -way had been handled. He indicated that perhaps it should be in the bill. Council Member Adams made a motion to add street right -of -ways in accordance with the City Engineer's recommendations to the bill, seconded by Council Member Dombrowski. The motion carried. Council Member Szymkowiak made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Dombrowski. The motion carried. BILL NO. 124 -78 A BILL APPROPRIATING $30,000 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND, FOR GENERAL PARK IMPROVEMENTS FOR LASALLE PARK, TO BE ADMINISTERED BY THE DIVISION OF COMMUNITY DEVELOP- MENT AND THE DEPARTMENT OF PUBLIC PARKS. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Tim Eckerle, of the Community Development Department, made the presentation for the bill. He indicated this appropriation would be used to build a shelterhouse, plant trees, build a tot lot, and purchase picnic tables and benches. Council Member Szymkowiak made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 125 -78 A BILL APPROPRIATING $5,152.00 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND FOR HOUSING COUNSELING SERVICES TO BE AD- MINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DIVISION OF COMMUNITY DEVELOPMENT AND THE URBAN LEAGUE OF SOUTH BEND AND ST. JOSEPH COUNTY. This being the time heretofore set for public hearing on were given an opportunity to be heard. Ms. Pat Osmon, of sentation for the bill. She indicated this appropriation a comprehensive housing counseling program. This would be to general a total of $20,611 for the counseling program. to recommend this bill to the Council favorable, seconded motion carried. BILL NO. 126 -78 the above bill, proponents and opponent Community Development, made the pre - would be used by the Urban League for used as a match for Title XX monies Council Member Adams made a motion by Council Member Dombrowski. The A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE YOUTH SERVICES BUREAU "SHELTER ", A PROGRAM OPERATED THROUGH THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING 7 -1 -78 AND ENDING 6- 30 -78, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Ms. Mickey Dobski, of the Youth Services Bureau, made the presentation for the bill. She indicated the Federal Government has awarded a grant to the City in the amount of $52,500, and in addition the Public Welfare pays the City a per diem for care of individuals sent to the Shelter. Council Member Miller asked how many run aways,have been serviced the past year. Ms. Dobski indicated 185. Council Member Miller made a motion to recommend this bill to the Council favorable, seconded by Council Member Serge. The motion car- ried. REGULAR MEETING AUGUST 14, 1978 COMMITTEE OF THE WHOLE MEETING (CONTINUED) BILL NO. 127 -78 A BILL APPROPRIATING $45,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR THE PURCHASE OF FUEL, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE DEPARTMENT OF ADMINISTRATION AND FINANCE. Mr. Patrick McMahon, Director of Public Works, asked that the next bill be heard at this time. Council Member ADams made a motion to havepublic hearingon Bill no. 128 -78 at this time, seconde by Council Member Dombrowski. The motion carried. BILL NO. 128 -78 A BILL APPROPRIATING $50,000 FROM THE ANTI - RECESSION FUND, COMMONLY REFERRED TO AS COUNTER - CYCLICAL GRANT, FOR THE PURCHASE OF DIESEL FUEL AND GASOLINE, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF AD- MINISTRATION AND FINANCE. This being the time heretofore setfor: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 bills. He indicated this was a supplemental appropriation to pay the cost of fuel for the balance of 1978. Council Member Szymkowiak made a motion to recommend Bill No. 127 -78 to the Council favorable, seconded by Council Member Dombrowski. The motion carried. Council Member Dombrowski made a motion to recommend Bill No. 128 -78 to the Council favorable, seconded by Council Member Szymkowiak. The motion carried. BILL NO. 129 -78 A BILL APPROPRIATING $49,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR POLICE COMPUTER SERVICES, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE POLICE DEPARTMENT_ This being the time heretofore set for public hearing on the above bill, proponents and opponent: were given an opportunity to be heard. Mr. Glenn Terry, Police Department Division Chief, made the presentation for the bill. He indicated this appropriation would be used for computer servic for the Police Department. He said this cost was eliminated from the annual budget with the intention of funding it through Revenue Sharing. Council Member Dombrowski made a motion to recommend this bill to the Council favorable, seconded by Council Member Adams. The motion carried. BILL NO. 130 -78 A BILL APPROPRIATING $10,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR THE REIMBURSEMENT OF CERTAIN COMMUNITY DEVELOPMENT COSTS ASSOCIATED WITH THE SOUTH BEND LATHE LOAN, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE DEPARTMENT OF ADMINISTRATION AND FINANCE. This being the time heretofore set for public hearing on the above bill, proponents and opponent: were given an opportunity to be heard. Mr. Peter Mullen, City Controller, made the presentation for the bill. He indicated that in 1975 the City obtained Federal funds to save South Bend Lathe from either being sold or moved out of this area. He said the preliminary work was funded throuc Community Development, and an audit for that fiscal year recently has been completed and this expenditure has been declared ineligible and therefore must be repaid from other sources. Counc_ Member Adams asked if there were other things in the audit that would have to be repaid. Mr. Mullen indicated he thought this was the only one at this particular time. He indicated they were in the process of resolving other things that were in the audit. Council Member Miller made a motion to recommend this bill to the Council favorable, seconded by Council Member Szymkowiak. The motion carried. BILL NO. 131 -78 A BILL APPROPRIATING $6,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY KNOWN AS GENERAL REVENUE SHARING, FOR CERTAIN PUBLIC HEALTH PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND, THROUGH THE DEPARTMENT OF ADMINISTRATION AND FINANCE. This being the time heretofore set for public hearing on the above bill, proponents and opponenti were given an opportunity to be heard. Mr. Peter Mullen, City Controller, made the presentation for the bill. He indicated that recently the St. Joseph County Health Department has undertaken an emergency rodent control program in three areas of the City: LaSalle Park, the Cooper Triangle, and the Coquillard area. He indicated this appropriation was to pay for this program. Council Member Miller asked why Community Development money was not being used. Mr. Carl Ellison, Director of Community Development, indicated that rodent control was not specifically mentioned as a CD activity. Council Member Miller made a motion to amend the bill under the FA Section from Century Center Construction to Environmental Control, seconded by Council Member Adams. The motion carried. Council Member Miller made a motion to recommend this bill to the Council favorable., as amended, seconded by Council Member Adams. The motion carried. There being no made a motion carried. ATTEST: l� City Clerk further business to come before the Committee of the Whole, Council to rise and report to the Council, seconded by Council Member Adams. ATTEST: Chairman Member Miller The motion s W, 31V REGULAR MEETING AUGUST 14, 1978 REGULAR MEETING RECONVENED Be it remembered that the regular meeting of the Common Council of the City of South Bend re- convened in the Council Chambers on the fourth floor of the County -City Building at 7:48 p.m., Council Vice President Dombrowski presiding and six members present. BILLS, SECOND READING ORDINANCE NO. 6411 -78 AN ORDINANCE AUTHORIZING THE CITY OF SOUTH BEND, INDIANA TO ISSUE ITS ECONOMIC DEVELOPMENT REVENUE BONDS, (THE BENDIX CORPORATION PROJECT), SERIES 1978, AND APPROVING OTHER ACTIONS IN RESPECT THERETO. This bill had second reading. Council Member Adams made a motion to pass this bill, seconded by Council Member Miller. The bill passed by a roll call vote of six ayes. ORDINANCE NO. 6412 -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 ACRA ACRES. This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Adams. The bill passed by a roll call vote of six ayes. ORDINANCE NO. 6413 -78 AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND (NEAR INDIANA #123 AND GRANT RD.) This bill had second reading. Council Member ADams made a motion to pass this bill, seconded by Council Member Serge. The bill passed by a roll call vote of six ayes. BILL NO. 87 -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) (2403 E. JEFFERSON.) Council Member Miller made a motion to strike this bill, seconded by Council Member Adams. The motion carried. ORDINANCE NO. 6414 -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) (BETWEEN SOUTH MAIN AND SOUTH MICHIGAN 295' SOUTH OF CHIPPEWA.) This bill had second reading. Council Member Adams made a motion to pass this bill, seconded by Council Member Miller. The bill passed by a roll call vote of six ayes. ORDINANCE NO. 6415 -78 AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF THE CITY OF SOUTH BEND, INDIANA, CERTAIN LAND LOCATED IN ! ® %!�/? 01 PORTGAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. This bill had second reading. Council Member Adams made a motion to amend the bill, as amended in the Committee of the Whole, seconded by Council Member Miller. The motion carried. Council Member Adams made a motion to pass the bill, as amended, seconded by Council Member Horvath. The bill passed by a roll call vote of six ayes. ORDINANCE NO. 6416 -78 AN ORDINANCE APPROPRIATING $30,000.00 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND, FOR GENERAL PARK IMPROVEMENTS FOR LASALLE PARK, TO BE ADMINISTERED BY THE DIVISION OF COM- MUNITY DEVELOPMENT AND THE DEPARTMENT OF PUBLIC PARKS. This bill had second reading. Council Member Miller made a motion to pass this bill, seconded by Council Member Szymkowiak. The bill passed by a roll call vote of six ayes. ORDINANCE NO. 6417 -78 AN ORDINANCE APPROPRIATING $5,152.00 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND FOR HOUSING COUNSELING SER- VICES TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DIVISION OF COMMUNITY DEVELOPMENT AND THE URBAN LEAGUE OF SOUTH BEND AND ST. JOSEPH COUNTY. This bill had second reading. Council Member Adams made a motion to pass this bill, seconded by Council Member Horvath. The bill passed by a roll call vote of six ayes. ORDINANCE NO. 6418 -78 AN ORDINANCE APPROPRIATING MONIES FOR THE PURPOSE OF DE- FRAYING THE EXPENSES OF THE YOUTH SERVICES BUREAU "SHELTER ", A PROGRAM OPERATED THROUGH THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING 7 -1 -78, AND ENDING 6- 30 -79, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS AND FIXING A TIME *EN THE SAME SHALL TAKE EFFECT. 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 six ayes. ORDINANCE NO. 6419 -78 AN ORDINANCE APPROPRIATING $45,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR THE PURCHASE OF FUEL, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE DEPARTMENT OF ADMINISTRATION AND FINANCE. This bill had second reading. Council Member Miller made a motion to pass this bill, seconded by Council Member Szymkowiak. The bill passed by a roll call vote of six ayes. REGULAR MEETING AUGUST 14, 1978 REGULAR MEETING RECONVENED (CONTINUED ORDINANCE NO. 6420 -78 AN ORDINANCE APPROPRIATING $50, 000 FROM THE ANTI - RECESSION FUND, COMMONLY REFERRED TO AS COUNTER - CYCLICAL GRANT, FOR THE PURCHASE OF DIESEL FUEL AND GASOLINE, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF AD- MINISTRATION AND FINANCE. This bill had second reading. Council Member Adams made a motion to pass this bill, seconded by Council Member Szymkowiak. The bill passed by a roll call vote of six ayes. ORDINANCE NO. 6421 -78 AN ORDINANCE APPROPRIATING $49,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR POLICE COMPUTER SERVICES, TO BE ADMINISTERED BY THECITY OF SOUTH BEND THROUGH THE POLICE DEPARTMENT. This bill had second reading. Council Member Adams made a motion to pass this bill, seconded by Council Member Serge. The bill passed by a roll call vote of six ayes. ORDINANCE NO. 6422 -78 AN ORDINANCE APPROPRIATING $10,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR THE REIMBURSEMENT OF CERTAIN COMMUNITY DE- VELOPMENT COSTS ASSOCIATED WITH THE SOUTH BEND LATHE LOAN, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND, THROUGH THE DEPARTMENT OF ADMINISTRATION AND FINANCE. This bill had second reading. Council Member ADams made a motion to pass this bill, seconded by Council Member Serge. The bill passed by a roll call vote of six ayes. ORDINANCE NO. 6423 -78 AN ORDINANCE APPROPRIATING $6,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY KNOWN AS GENERAL REVENUE SHARING, FOR CERTAIN PUBLIC HEALTH PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND, THROUGH THE DEPARTMENT OF ADMINISTRATION AND FINANCE. 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 Szymkowiak. The bill passed by a roll call vote of six ayes. RESOLUTIONS RESOLUTION NO. 630 -78 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA SUPPORTING PROPOSED 1980 WAGE AGREEMENTS BETWEEN THE CITY AND TEAMSTERS; AND THE CITY AND ALL OTHER EMPLOYEES. WHEREAS, the City of South Bend, Indiana has entered into wage corgi tracts for the years 1979, 1980 with the Firefighters Local #362, and the Fraternal Order of Police St. Joseph Valley Lodge #36; and WHEREAS, it is the desire of the City of South Bend to provide a similar type wage package and increase for all other City employees for the year 1980. NOW, THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. The City of South Bend will propose and pass a 1980 salary ordinance which reflects 2 year agreements, and in the following manner: A. The Teamsters Local #364 agreement will reflect a one year extension of the master contract and propose a 25 cents per hour general increase administered in the following manner. 1. 20� per hour January 1, through December 31, 1980. 2. 5� per hour July 1 through December 31, 1980. B. For all other employees not covered by two year agreements entered into with the Firefighters Local #362, the Fraternal Order of Police St. Joseph Valley Lodge #36 or the Natio Brotherhood of Teamsters Local #364, a 5.4% general increase will be in effect. SECTION II. This Resolution shall be in full force and effect upon 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. Peter Mullen, City Controller, indicated this resolution outlined the Administration's request for 1980 salaries for both the non -union employees, as well as the Teamsters Local #364. He said this 5.4 general in- crease will be for all employees not covered by two year agreements. Council Member Szymkowiak made a motion to adopt this resolution, seconded by Council Member Adams. The resolution was adopted by a roll call vote of six ayes. dl _9 REGULAR MEETING AUGUST 14, 1978 REGULAR MEETING RECONVENED (CONTINUED) RESOLUTION NO. 631 -78 A RESOLUTION TO FILE APPLICATION TO DIVISION OF OUTDOOR RECREATION FOR LAND AND WATER CONSERVATION GRANT WHEREAS, the City of South Bend, Indiana, Department of Public Parks is desirous in im- proving the Saint Joseph River Cooidor for recreational activities and environmental improve- ment and in accord with the Saint Joseph River Cooidor plan adopted by the City of South Bend, and WHEREAS, funds are needed to finance the corridor project. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana that permission is hereby given to the Department of Public Parks to submit an application to the Division of Outdoor Recreation for Land and Water Conservation Funds. /s/ Mary Christine Adams Member of the Common Council A public hearing was held at this time on this resolution. Mr. James Seitz, Superintendent of Public Parks, indicated this resolution was an approval to submit an application for Land and Water Conservation Funds. He said the project would consist of three parts: Construction of walkway under the west side of the Jefferson Blvd., Bridge and extending the present walkways from Century Center and Plaza Park; construct a trail from St. Louis Blvd. west through Howard Park and north of Jefferson Blvd., Bridge; construct trail south from gate in Howard Park under the pedestrian bridge and connect with trail mentioned in item two. He said the total estimated project would cost $150,000, and if the application is approved, one -half the project cost would be returned to the City. Council Member Adams asked where they would obtain this money. Mr. Seitz indicated the $150,000 would come from Revenue aiaring, and the $75,000 would be program- med back. Council Member Adams indicated she would like this resolution continued until after the budget hearings. Mayor Nemeth indicated this resolution was only to apply for the grant, and if it is received this will again come before the Council. Council Member Szymkowiak made • motion to adopt this bill, seconded by Council Member Miller. The resolution was adopted by • roll call vote of five ayes and one nay (Council Member Adams.) RESOLUTION NO. 632 -78 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ENCOURAGING THE PEOPLE OF THIS CITY TO CONTRIBUTE GENEROUSLY TO THE RED CROSS CAMPAIGN AIMED AT ASSISTING THE PEOPLE OF OUR FLOOD RAVAGED SISTER CITY, SOUTH BEND, TEXAS. WHEREAS, the people of South Bend, Texas, are currently afflicted by suffering occasioned by the devastation caused by the flooding of the Brazo River. WHEREAS, as a result of this natural disaster the people of South Bend, Texas, require succor in their time of need. WHEREAS, the Red Cross is seeking voluntary contributions to serve the worthy end of assisting the residents of our sister city in Texas. WHEREAS, the people of South Bend, Indiana, have always responded by displaying humanitari generosity to those beseiged by misfortune. 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 strongly encourages the people of this City to assist the beleagured residents of our sister City South Bend, Texas, by making voluntary contributions. The Council requests that these contributions be made to: Red Cross, 3220 E. Jefferson, South Bend, Indiana. 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 /Richard C. Dombrowski Member of the Common Council Council Member Miller made a motion to suspend the rules and have public hearing on this resolu- tion, seconded by Council Member Szymkowiak. The motion carried on a roll call vote of six ayes. A public hearing was held at this time on the resolution. Mayor Peter J. Nemeth indicated this resolution was to encourage our citizens to contribute money through the Red Cross for our Sister CIty, South Bend, Texas, which has recently been flooded. Council Member Serge made a motion to adopt this resolution, seconded by Council Member Szymkowiak. The resolution was adopted by a roll call vote of six ayes. BILLS, FIRST READING BILL NO. 132 -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) (1825 S. MAGNOLIA STREET.) 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. 310 REGULAR MEETING AUGUST 14 1978 REGULAR MEETING RECONVENED (CONTINUED) ORDINANCE NO. 6424 -78 AN ORDINANCE REPEALING ORDINANCE NO. 6330 -78, AND 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 bill had first reading. Council Member Adams made a motion to suspend the rules and have public hearing and second reading on this bill, seconded by Council Member Horvath. The motion carried on a roll call vote of six ayes. 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 Carry, of Area Plan, made the presentation for the bill. He indicated that a typing error occurred in Ordinance No. 6330 -78, and this bill would correct that error. Council Member Adams made a motion to pass this bill, seconded by Council Member Serge. The bill passed by a roll call vote of six ayes. BILL NO. 134 -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) (3905 WESTERN AVENUE.) This bill had first reading. Council Member Miller made a motion to refer this bill and peti- tion to Area Plan, seconded by Council Member Adams. The motion carried. ORDINANCE NO. 6425 -78 AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE ISSUANCE AND SALE OF ADDITIONAL REVENUE BONDS FOR THE PURPOSE OF LOANING THE PROCEEDS TO CHAR -KING, INC., FOR THE PURPOSE OF FINANCING THE COMPLETION OF CERTAIN ECONOMIC DEVELOPMENT FACILITIES WHICH WERE ORIGINALLY FINANCED BY THE CITY; AUTHORIZING THE EXECUTION AND DELIVERY OF A FIRST SUPPLEMENTAL LOAN AGREEMENT BETWEEN THE CITY AND CHAR -KING, INC.; AUTHORIZING THE EXECUTION AND DELVIERY OF A FIRST SUPPLEMENTAL MORTGAGE AND INDENTURE OF TRUST SECURING SAID BONDS; AND CONFORMING THE SALE OF SAID BONDS TO THE PURCHASER HEREOF, AND CERTAIN OTHER RELATED MATTERS. This bill had first reading. Council Member Miller made a motion to suspend the rules and have public hearing and second reading on bills no. 135 -78, 136 -78, 137 -78, 138 -78 and 139 -78, seconded by Council Member ADams. The motion carried on a roll call vote of six ayes. This being the time heretoforeset for public hearing on the above bill, proponents and opponent! were given an opportunity to be heard. Mr. Kenneth Fedder, attorney for the Economic Developmei Commission, made thepresentation for the bill. He indicated this bill would repeal Ordinance No. 6398 -78. He said the purpose of filing this new bill was to clarify the necessary pre- requisite insofar as having the Council make the necessary election pursuant to the Internal Revenue Code of 1954. Council Memeber Adams made a motion to pass this bill, seconded by Council Member Szymkowiak. The bill passed by a roll call vote of six ayes. ORDINANCE NO. 6426 -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 HARVEY E. DEACON AND HELEN DEACON. This bill had first reading. 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 this bill was for a bond issue of $170,000 for the construction of a facility on a parcel of land located in Penn Township on the north side of U.S. 20, just west of Bittersweet Road. He said it was anticipated that this new facility will create approximately 10 new jobs. Council Member Adams made a motion to pass this bill, seconded by Council Member Serge. The bill passed by a roll call vote of six ayes. ORDINANCE NO. 6427 -78 AN ORDINANce APPROVING THE FORM AND TERMS OF LEASE TRUST INDENTURE AND MORTGAGE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO LOUIS BAKER AND ELEANOR BAKER. This bill had first reading. This being the tim e 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 bond issue of $330,000 would be used to finance improvements and construction of an additic to their facility located at 700 W. Chippewa. He said Baker Rubber presently employs 55 person., and it was anticipated this would increase to 70 employees. Council Member Adams made a motion to pass this bill, seconded by Council Member Horvath. Thebill passed by a roll call vote of six ayes. ORDINANCE NO. 6428 -78 AN ORDINANCE APPROVING THE FORM AND TERMS OF LEASE MORTGAGE AND TRUST INDENTURE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO MARLIN DEVELOPMENT CO., AND INAGINEERING ENTERPRISES. This bill had first reading. 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aspaaouT up upaui pTnoM uoTsupdxa sTgq pagPOTpuT aH •PPOg Ji=JOTH 90 gsP0 gOOJ T68 'pPog uosTpS 90 apTsggnOs agq uo )agPOOT AgTTTOPJ P go buTddTnba pup uoTgonagsuoo agq aog 000'9ZT$ a0J sPM anssT puoq sTgg paqPoTp -UT aH -TTTq agq aoj uoTgPquasazd agq aputu 'uoTssTunuoO quauidOTanaQ 0TWOU00H agq aoj Aauaoq -qa 'zapped ggauuax •aw •papag aq oq AgTungaoddo up uaATb aaaM squauoddo pup squauodoad 'TTTq anoga aqq uo buTaPaq OTTgnd aog qas aaojogaaaq OMTq agq buTaq sTgg •buTpaaz gsaTj Ppq TTTq sTgs acTdVHS KS24=1 QNV SaWVf OZ ONINIKZUHd dOSUSHS NOIZnOSXS HHS ONIZIIIOHlflV QNV ' SQNOg Hf1NSAS2I ZNaNdO'ISASQ ` VIHISIIQNI QNV S2inSNSQNI ZSnus QNK SSVaq d0 SNUal QNV WHOd SHZ ONIAOUddV SONFZNIQUO NV 8L -6Zt9 'ON HONVNIQUO (QHnNIZNOO) QSNHANOMH ONIlaaW 2lyd'In9HU 8L6T '�T ZSnOnV ONIZSHw llvriflOau REGULAR MEETING AUGUST 14, 1978 REGULAR MEETING RECONVENED (CONTINUED BILL NO. 149 -78 A BILL APPROPRIATING $8,000 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND, FOR HOUSING REPAIR MATERIALS TO BE AD- MINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DIVISION OF COMMUNITY DEVELOPMENT AND REAL SERVICES AGENCY. This bill had first reading. Council Member Miller made a motion to set this bill for public hearing and second reading August 28, 1978, seconded by Council Member Adams. The motion carried. BILL NO. 150 -78 A BILL APPROPRIATING $50,000.00 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT), FOR NON- PROFIT GROUP REHABILITATION OF SUBSTANDARD HOUSING UNITS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DIVISION OF COMMUNITY DEVELOPMENT AND THE BUREAU OF HOUSING. This bill had first reading. Council Member Miller made a motion to set this bill for public hearing and second reading August 28, 1978, seconded by Council Member Adams. The motion carried. BILL NO. 151 -78 A BILL APPROPRIATING $50,000.00 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND, FOR PROJECT REHABILITATION GRANTS, TO BE AD- MINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DIVISION OF COMMUNITY DEVELOPMENT AND RENEW, INC. This bill had first reading. Council Member Miller made a motion to set this bill for public hearing and second reading August 28, 1978, seconded by Council Member Adams. The motion car- ried. BILL NO. 152 -78 A BILL APPROPRIATING MONEYS FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE SEVERAL DEPARTMENT SO ITHE CITY GOVERNMENT OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1979 AND ENDING DECEMBER 31, 1979, 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 August 28, 1978, seconded by Council Member Serge. The motion carried. BILL NO. 153 -78 A BILL LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSE FOR THE FISCAL YEAR ENDING DECEMBER 31, 1978. This bill had first reading. Council Member ADams made a motion to set this bill for public hearing and second reading August 28, 1978, seconded by Council Member Miller. The motion carried. BILL NO. 154 -78 A BILL APPROPRIATING $15,890.00 OF STATE YOUTH SERVICES BUREAU GRANT MONIES FROM THE CITY OF SOUTH BEND CRIME CONTROL FUND FOR VARIOUS YOUTH SERVICE BUREAU ACTIVITIES DURING THE PERIOD JULY 1, 1978 THROUGH JUNE 30, 1979. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading August 28, 1978, seconded by Council Member Miller. The motion carried. BILL NO. 155 -78 A BILL FOR ADDITIONAL APPROPRIATION FROM THE GENERAL PARK FUND IN THE AMOUNT OF $11,000.00 TO ACCOUNTS 214.0, 221.0, 222.0, 241.0, 251.0, 312.0, 321.0, 323.0, 331.0, 363.0, 370.0, 372.0, 410.0, 430.0, 440.0, 510.0, 520.0 580.0, 640.0, 722.0, AND 726.0. This bill had first reading. Council Member ADams made a motion to set this bill for public hearing and second reading August 28, 1978, seconded by Council Member Horvath. The motion carried. ORDINANCE NO. 6430 -78 A BILL FOR THE TRANSFER OF FUNDS ($6,000) IN THE GENERAL PARK FUND FROM ACCOUNT #120.0, SERVICES PERSONAL, SALARIES AND WAGES TO ACCOUNT $330.0, MATERIALS, GENERAL PARK MATERIALS. This bill had first reading. Council Member Adams made a motion to suspend rules and have public hearing and second reading on this.bill, seconded by.Council Member Miller. The motion carried on a roll call vote of six ayes. 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 presentation for the bill. He indicated this transfer was being sought to purchase many different types of items such as paint, lumber, bolts, screws, etc. Council Member Serge made a motion to pass this bill, seconded by Council Member Miller. The bill passed by a roll call vote of six ayes. BILL NO. 157 -78 A BILL TRANSFERRING THE SUM OF $17,475.00 FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN THE PARKING GARAGE BUDGET IN THE PARKING GARAGE 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 August 28, 1978, seconded by Council Member Miller. The motion car- ried. 31.3 REGULAR MEETING AUGUST 14, 1978 REGULAR MEETING RECONVENED (CONTINUED BILL NO. 158 -78 A BILL TRANSFERRING THE SUM OF $11,225.00 FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN THEPARKING METER 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 August 28, 1978, seconded by Council Member Miller. The motion carried. BILL NO.- 159 -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) (S.W. CORNER OF IRELAND AND IRONWOOD.) 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. PRIVILEGE OF THE FLOOR Mr. Paul Bognar, 807 W. Washington St., indicated that the Clerk should send the Commissioners a letter regarding the fact that only one door was open to enter or exit the building. He in- dicated this was against the fire code. Council Member Miller indicated that the Clerk should send the Fire Chief a letter to have the building checked on Monday, August 28, to see if the doors were open. UNFINISHED BUSINESS Mr. Peter Mullen, City Controller, indicated there was an error in the Police Salary Ordinance 6410 -78, in that it indicated it was effective July 1, 1979, instead of January 1, 1979. Council Member Miller made a motion to suspend rules for the introduction of a bill numbered 160 -78, Police Salaries, seconded by Council Member Adams. The motion carried on a roll call vote of six ayes. BILL NO. 160 -78 This bill had first reading. Council Member Miller made a motion to suspend the rules and have second reading andlpublic hearing, seconded by Council Member Adams. The motion passed on a roll call vote of six ayes. Mayor Peter J. Nemeth indicated the record should show that the ordinance filed is an exact copy of an ordinance that was passed, in which there was an error in that it became effective July 1, 1979, instead of January 1, 1979, and a motion to amend will correct that error. ORDINANCE NO. 6431 -78 AN ORDINANCE FIXING THE ANNUAL PAY OF POLICEMEN FOR THE CALENDAR YEAR 1979. This being the time heretofore set for public hearing on the above bill, proponents and opponent were given an opportunity to be heard. Council Member Miller made a motion to amend this bill by making the effective date January 1, 1979, seconded by Council Member Adams. The motion carried. Council Member Miller made a motion to pass the bill, as amended, seconded by Council Member Adams. The bill passed by a roll call vote of six ayes. Council Member Adams indicated that Resolution No. 631 -78 did not contain a Section II. Mr. Brunner, City Attorney, indicated that he thought it should contain such a section. Mayor Nemeth indicated that a Section II was not necessary. NEW BUSINESS Council Member Miller made a motion that the August 28, 1978, meeting of the Council start at 4:00 p.m., seconded by Council Member Szymkowiak. The motion carried. There being no further business to come before the Council unfinished or new, Council Member Adams made a motion to adjourn, seconded by Council Member Szymkowiak. The motion carried and the meeting was adjourned at 8:40 p.m. ATTEST: APPROVED: Cit Clerk President, 'Pro Tem