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HomeMy WebLinkAbout09-25-78 Council Meeting MinutesREGULAR MEETING SEPTEMBER 25, 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, September 25, 1978, at 7:00 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 repor that it has inspected the minutes of the September 11, 1978 meeting of the Council and found them correct. The sub- committee, therefore, recommends that the same be approved. /s/ Roger O. Parent /s/ Mary Christine Adams Council Member Serge made a motion that the minutes of the September 25, 1978, meeting of the Council be placed on file, seconded by Council Member Dombrowski. The motion carried. Ult REGULAR MEETING SEPTEMBER 25, 1978 REGULAR MEETING Council President Parent welcomed the Boy Scout Troop from Clay Methodist Church, as well as the Washington High School Cadet Government class. Council Member Adams made a motion to resolve into the Committee of the Whole, seconded by Counc� Dombrowski. The motion carried. COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on Monday, September 25, 1978, at 7:04 p.m., with nine members present. Chairman Frank Horvath presiding. BILL NO. 96 -78 A BILL AMENDING CHAPTER 16 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND TO ELIMINATE RESTRICTED REFUSE COLLECTORS LICENSES. This being the time heretofore set for public hearing on the above bill, proponents and opponen were given an opportunity to be heard. Council Member Adams made a presentation for an amended bill. She indicated the amended bill would do four basic things: It would retain the present restricted and non - restricted licensing of trash collectors; it would prohibit parking of a filled trash vehicle in residential areas; it would provide for a maximum fine of $1,000; and it would provide for immediate impoundment of any trash vehicle which is found operating with- out a license. She indicated that the Code provides a procedure whereby the Board of Public Works can terminate either a nonrestricted or restricted license when the holder has violated any provisions of the licensing article. She indicated there had been no hearings held under the present Board, therefore, what enforcement has the City tried to date, if they have never held even one hearing. She indicated that if the City has failed to enforce its present laws, it should not penalize the eliminate an important working sector of our community. She made a motion to amend the bill by substituting the amended bill and eliminating the word "overnight" in Section 16- 33(a), seconded by Council Member Kopczynski. The motion carried. Mayor Nemeth indicated that the original bill did not eliminate independent trash haulers, but only required them to have the proper equipment. He indicated that the City could not afford to have the police follow these trucks around the City at all times to see if they are in violation. Mr. Morris Eggleston, General Manager of South Bend Waste Paper Company, indicated that the cost of a compactor was up to $25,000. He spoke against the original bill which requires compactors. He indicated he supported the amended version of this bill. Mrs. Jane Swan, 2022 Swygart, indicated she was in favor of the amended version of this bill. Council President Parent made a motion that the amended bill go to Council favorable, as amended, seconded by Council Member Taylor. The motion carried. BILL NO. 121 -78 A BILL DESIGNATING AND ESTABLISHING AN HISTORIC LANDMARK UNDER ORDINANCE NO. 5565 -73, AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND. (710 PARK AVENUE.) This being the time heretofore set for public hearing on the above bill, proponents and opponent: were given an opportunity to be heard. Ms. Candy Peck, Director of Historic Preservation, gave a brief history of the property located at 710 Park Avenue. Council Member Taylor made a motion to recommend this bill to the Council favorable, seconded by Council Member Adams. The motion carried. BILL NO. 109 -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) (NORTHEAST CORNER OF PLEASANT AND IRONWOOD, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA.) This being the time heretofore set for public hearing on the above bill, proponents and opponent: were given an opportunity to be heard. Mr. Charles Seeney, attorney for the petitioner, indicatE that he had met again with Area Plan and the City Engineer and they felt the problem with the re- zoning had been corrected. He indicated that the petition should show "F" Height and Area. Mr. Rick Carey, of Area Plan, indicated that the new site plan could quality as a preliminary. Mr. Carl Ellison, Director of Community Development, indicated they were satisfied with the efforts made by the petitioner to improve this area. Mr. Patrick McMahon, Director of Public Works, indicated that the ingress and egress was a matter that could be worked out later. Council Member Miller made a motion to amend the bill by adding "F" Height and Area, seconded by Council Member Taylor. The motion carried. Council Member Miller made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Taylor. The motion carried. BILL NO. 177 -78 A BILL APPROPRIATING $50,000.00 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND, FOR REHABILITATION ACTIVITIES TO BE AD- MINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DIVISION OF COMMUNITY DEVELOPMENT AND SOUTHOLD HERITAGE FOUNDATION. This being the time heretofore set for public hearing on the above bill, proponents and opponent: were given an opportunity to be heard. Mr. Carl Ellison, Director of Community Development, made the presentation for the bill. He indicated that the City has developed programs to assist, non - profit groups to rehabilitate residential properties within the neighborhood strategy area. He indicated that Community Development funds will be used by Southold Heritage Foundation to rehabilitate housing units. He said this activity will serve to assist low- and - moderate- income families to occupy standardard housing in the West Washington Historic District and the Near West Side. Council President Parent made a motion to recommend this bill to the Council favorable, seconded by Council Member Serge. The motion carried. on REGULAR MEETING SEPTEMBER 25, 1978 COMMITTEE OF THE WHOLE MEETING (CONTINUED BILL NO. 178 -78 A BILL APPROPRIATING $26,433.00 FROM THE COMMUNITY DEVELOP- MENT BLOCK GRANT FUND FOR AN INFORMATION BASE FOR COMMUNITY DEVELOPMENT PLANNING AND DECISION - MAKING TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THORUGH ITS DIVISION OF COMMUNITY DEVELOPMENT. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Carl Ellison, Director of Community Development, made the presentation for the bill. He indicated this bill would undertake a research project for the City to develop and implement a planning and evaluation study of the City's Community Development Program. He indicated that the Michiana Urban Observatory proposes to undertake this project for a total cost of $40,177 of which $13,744 would be absorbed by IUSB -DPEA. Mr. William Hojnacki, assistant professor at IUSB, indicated they felt they were offering a package to the City that would be valuable for future community planning development. Council Member Dombrowski made a motion to recommend this bill to the Council favorable, seconded by Council Member Szymkowiak. The motion carried. There being no further business to come before the Committee of the Whole, Council President Parent made a motion to rise and report to the Council, seconded by Council Member Dombrowski. The motion carried. ATTEST: City Clerk REGULAR MEETING RECONVENED ATTEST: Chairman Be it remembered that the regular meeting of the Common Council of the City of South Bend re- convened in the Council Chambers on the fourth floor of the County -City Building at 7:43 p.m., Council President Parent presiding and nine members present. BILLS, SECOND READING ORDINANCE NO. 6460 -78 AN ORDINANCE AMENDING CHAPTER 16, ARTICLE 4, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND BY THE ADDITION OF SECTION 16 -33 SPECIFIC VIOLATIONS. This bill had second reading. Council Member Adams made a motion to amend the bill,. as amended in the Committee of the Whole, seconded by Council Member Dombrowski. The motion carried. Council Member 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. 6461 -78 AN ORDINANCD DESIGNATING AND ESTABLISHING AN HISTORIC LANDMARK UNDER ORDINANCE NO. 5565 -73, AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND. This bill had 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 nine ayes. ORDINANCE NO. 6462 -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) (NORTHEAST CORNER OF PLEASANT AND IRONWOOD, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA.) This bill had second reading. Council Member Taylor made a motion to amend the bill, as amended in the Committee of the Whole, seconded by Council Member Dombrowski. The motion carried. Council Member Serge 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. 6463 -78 AN ORDINANCE APPROPRIATING $50,000.00 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND, FOR REHABILITATION ACTIVITIES TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DIVISION OF COMMUNITY DEVELOPMENT AND SOUTHOLD HERITAGE FOUNDATION. 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. 6464 -78 AN ORDINANCE APPROPRIATING $26,433.00 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND FOR AN INFORMATION BASE FOR COMMUNITY DEVELOPMENT PLANNING AND DECISION- MAKING TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DIVISION OF COMMUNITY DEVELOPMENT. This bill had second reading. Council Member Szymkowiak made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 643 -78 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA SETTING FORTH ITS REASONS WHY REDISTRICTING SHOULD BE DONE AFTER THE 1980 FEDERAL CENSUS. REGULAR MEETING SEPTEMBER 25, 1978 REGULAR MEETING RECONVENED (CONTINUED WHEREAS, the Common Council of the City of South Bend has been studying the question of whether to redistrict since the spring of 1977; and WHEREAS, the Council appointed a Citizen's Sub- Committee in November of 1977 which has done', an invaluable amount of research and a very commendable job in assisting the Council; and WHEREAS, there are conflicting legal opinions as to whether redistricting can legally be done at all this year; and WHEREAS, the various proposed redistricting plans would place the Southeast neighborhood into one district while splitting other neighborhoods into more than one district; and WHEREAS, the 1980 federal census would provide the best and most accurate basis to measure population variances between districts; and WHEREAS, the Common Council has weighed all of the information and believes that it is in the entire city's best interest not to redistrict this year. 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, Indiana, hereby concludes that after a considerable amount of research and public discussions, that it is in the entire City's best interest not to redistrict prior to the 1980 Federal census. SECTION II. The Common Council further finds that to redistrict at the present time would have a detrimental effect on the integrity of its neighborhoods. SECTION III. The Common Council is grateful to the dedicated citizens who contributed their time and service in working on the Citizen's Sub- Committee for the past year. SECTION IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. /s /Robert G. Taylor Member of the Common Council A public hearing was held on this resolution at this time. Councilman Robert Taylor read the resolution. He indicated this resolution was a move to bring this entire matter to a head. He indicated that enough time had been spent on this issue. He gave a brief rundown on the money that has been spent in the Southeast Neighborhood, as well as the facilities the City has pro- vided. Mr. Paul Herr, Chairman of the Citizen's Sub - committee on Redistricting, indicated that the committee did not concentrate on the Southeast Neighborhood, but the entire City, when it developed their redistricting proposals. He indicated that the Committee would not like to see this issue disposed of without a public hearing. He indicated he urged the defeat of this resolution. Ms. Kathy Barnard, 1957 Malvern Way, spoke against the passage of this resolution. Mr. Conrad Damian, 718 E. Broadway, spoke against the passage of this resolution. He indicated that PAC needed to be a political entity. Mr. Rey Hernandez, 702 E. South, spoke for redistrict- ing. Rev. John Smith, of the Boardway Christian Parish, spoke for redistricting. Council Member Kopczynski indicated that the citizen's sub- committee had done a good job and the Council should support redistricting. He made a motion to defeat this resolution, seconded by Council Member Adams. Council Member Adams spoke in favor of redistricting. She commended the sub - committee for their work. Council President Parent spoke in favor of redistricting. The motion to defeat failed on a vote of three ayes (Council Members Kopczynski, Adams and Parent) and six nays. Council Member Taylor made a motion to adopt this resolution, seconded by Council Member Dombrow: The resolution was adopted by a roll call vote of six ayes and three nays (Council Members Kopczynski, Adams and Parent.) Council Member Taylor made a motion to recess, seconded by Council Member Adams. The motion carried and the meeting was recessed at 8:40 p.m., and reconvened at 9:00 p.m. RESOLUTION A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, A PLAN AMENDMENT FOR THE 1978 PROGRAM YEAR COMMUNITY DEVELOPMENT BLOCK GRANT APPLICA- TION (AND PLAN). A public hearing was held at this time on this resolution. Mayor Nemeth indicated this resolu- tion would allow him to submit an amendment to the 1978 Program Year Community Development Ap- plication (and Plan), to reprogram $550,354 from the CBD Public Works and Site Improvement activity to the West Washinton Industrial Cooridor project. He indicated the transferred funds would be used for acquisition, relocation, clearance, and related administrative costs. He indicated this would help improve the area for businesses presently located in the vicinity. Mr. Bobby Newbill, 1219 W. Jefferson, spoke against the resolution. Mr. James Russell, 1517 N. Fremont, spoke to the Council about conspiracy. Duke Newburn, County Councilman, spoke against this resolution.. Mr. Rich Giloth, 1036 W. Jefferson, spoke against this resolution. Mr. Felix Owsley, 1249 W. Washington, spoke against this resolution. Mr. Willie Green, of the Hanzel Center, spoke against this resolution and the fact that black businessmen were being put out of business. Mr. Lawrence Webb, 421 N. College, spoke against this resolution. Ms. Carol Dillon, 831 W. Colfax, spoke against this resolution. She asked why they were going to tear down buildings when they had vacant land available. Mayor Nemeth indicated there was no vacant land avilable. Mr. Floyd Carter, 1619 Fassnacht, spoke against this resolution. Mrs. Jane Swan, 2022 Swygart, spoke against this resolution. Mr. Dennis Kazmierzak, spoke against this resolution. Council Member Miller indicated that he agreed with those that had spoke against this resolution, and the City should not tear down large areas as they have in the past. Mr. Robert Gammage, 309 College spoke against this resolution. Council Member Taylor indicated he would support this resolution. Council Members Parent and Adams indicated they would not support this resolution. Council Member Kopczynski made a motion to defeat this resolution, seconded by Council Member Adams. The resolution was defeated by a vote of five ayes (Council Members Miller, Kopczynski, Adams, Horvath and Parent) and four nays. REGULAR MEETING SEPTEMBER 25, 1978 REGULAR MEETING RECONVENED (CONTINUED Council Member Taylor made a motion to recess, seconded by Council Member Adams. The motion carried and the meeting was recessed at 11:07 p.m., and reconvened at 11:10 p.m. BILLS, FIRST READING BILL NO. 179 -78 A BILL APPROPRIATING $15,182.00 FROM THE EQUAL EMPLOYMENT OPPORTUNITY FUND TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS HUMAN RIGHTS COMMISSION AND DEPARTMENT OF HUMAN RESOURCES AND ECONOMIC DEVELOPMENT. This bill had first reading. Council Member ADams made a motion to set this bill for public hearing and second reading October 9, 1978, seconded by Council Member Dombrowski. The motion carried. BILL NO. 180 -78 A BILL ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LANDS, GENERALLY KNOWN AS THE SOUTHWEST CORNER OF IRELAND AND IRONWOOD DR., IN ST. JOSEPH COUNTY, INDIANA. This bill had first reading. Council Member Adams made a motion to refer this bill to the City Engineer, and set it for public hearing and second reading October 9, 1978, seconded by Council Member Kopczynski. The motion carried. BILL NO. 181 -78 A BILL TO AMEND SECTION 15 -16 AND TO REPEAL SECTION 15 -29 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading October 23, 1978, seconded by Council Member Kopczynski. The motion carried. BILL NO. 182 -78 A BILL TRANSFERRING $104,000.00 AMONG VARIOUS ACCOUNTS, ALL ACCOUNTS BEING WITHIN THE CENTURY CENTER OPERATIONS 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 October 9, 1978, seconded by Council Member Kopczynski. The motion carried. BILL NO. 183 -78 A BILL APPROPRIATING $4,500.00 FROM THE JUNK VEHICLE FUND OF THE CITY OF SOUTH BEND, INDIANA, FOR SECURITY FENCING FOR TOWED VEHICLES TO BE ADMINISTERED BY THE DEPARTMENT OF AD- MINISTRATION AND FINANCE. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading October 9, 1978, seconded by Council Member Dombrowski. The motion carried. BILL NO. 184 -78 A BILL TRANSFERRING THE BALANCES OF $9,148.75 FROM THE SEWAGE DISPOSAL FUND (43), $3,521.57 FROM THE CUMMUNITY DEVELOPMENT TRAINING PROGRAM FUND (83), $4,684.25 FROM THE INTERGOVERNMENTAL PERSON FUND (94), $11,229.06 FROM THE PUBLIC SERVICE CAREERS FUND (96), $1,104.97 FROM THE YOUTH EMPLOYMENT PROGRAM FUND (97), AND $27.25 FROM THE SUMMER YOUTH TRANSPORTATION FUND (98). ALL AFORE- MENTIONED BALANCES SHALL BE TRANSFERRED TO 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 October 9, 1978, seconded by Council Member Dombrowski. The motion carried. BILL NO. 185 -78 A BILL APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, AND MURPHY ENGINEERING, INC., SOUTH BEND, INDIANA, FOR CONDUCTING A STUDY AND PREPARATION OF A REPORT ON CONVERTING THE FELLOW STREET BOOSTER STATION TO AUTOMATIC CONTROLS IN THE TOTAL AMOUNT OF $4,000.00. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading October 9, 1978, seconded by Council Member Dombrowski. The motion carried. BILL NO. 186 -78 A BILL APPROVING MONEYS FOR THE PURPOSE OF DEFRAYING THE CETA TITLE I EXPENSES OF THE BUREAU OF EMPLOYMENT AND TRAINING FOR THE FISCAL PERIOD BEGINNING OCTOBER 1, 1977, AND ENDING SEPTEMBER 30, 1978, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading October 23, 1978, seconded by Council Member Kopczynski. The motion carried. BILL NO. 187 -78 A BILL APPROVING MONEYS FOR THE PURPOSE OF DEFRAYING THE CETA TITLE II EXPENSES OF THE BUREAU OF EMPLOYMENT AND TRAINING FOR THE FISCAL PERIOD BEGINNING OCTOBER 1, 1978, AND ENDING DECEMBER 31, 1978, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGA- TIONS AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This bill had first reading. CouncilMember Adams made a motion to set this bill for public hearing and second reading October 23, 1978, seconded by Council Member Kopczynski. The motion carried. REGULAR MEETING SEPTEMBER 25, 1978 REGULAR MEETING RECONVENED (CONTINUED BILL NO. 188 -78 A BILL APPROVING MONEYS FOR THE PURPOSE OF DEFRAYING THE CETA TITLE III EXPENSES OF THE BUREAU OF EMPLOYMENT AND TRAINING FOR THE FISCAL PERIOD BEGINNING OCTOBER 1, 1978, AND ENDING SEPTEMBER 30, 1979, INCLUDING ALL OUSTANDING 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 October 23, 1978, seconded by Council Member Dombrowski. The motion carried. BILL NO. 189 -78 A BILL APPROVING MONEYS FOR THE PURPOSE OF DEFRAYING THE CETA TITLE VI EXPENSES OF THE BUREAU OF EMPLOYMENT AND TRAINING FOR THE FISCAL PERIOD BEGINNING OCTOBER 1, 1978, AND ENDING DECEMBER 31, 1978, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This bill had first reading. Council Member ADams made a motion to set this bill for public hearing and second reading October 23, 1978, seconded by Council Member Dombrowski. The motion carried. BILL NO. 190 -78 A BILL TRANSFERRING THE SUM OF $7,814.00 FROM ACCOUNT NO. 110.0 "SALARIES AND WAGES, REGULAR, TO ACCOUNT NO. 370.0,.OTHER SUPPLIES, IN THE AMOUNT OF $5,000.00 AND TO ACCOUNT NO. 726.0, OTHER EQUIPMENT, IN THE AMOUNT OF $1,814.00, 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 October 23, 1978, seconded by Council Member Dombrowski. The motion carried. BILL NO. 191 -78 A BILL AMENDING ORDINANCE NO. 5988 -78, COMMONLY KNOWN AS CHAPTER 16, ARTICLE 2, SECTION 16 -6 "GARBAGE AND TRASH COLLECTION: CITY FEES, MANNER OF COLLECTION: PRIVATE PARTY RESPONSIBILITY: OF THE MUNICIPAL CODE 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 October 23, 1978, seconded by Council Member Kopczynski. The motion failed on a roll call vote of two ayes (Council Members Kopczynski and Adams) and five nays (Council Members Serge, Szymkowiak, Miller, Dombrowski and Parent). Council Members Taylor and Horvath had left the meeting. Council Member Dombrowski made a motion to set this bill for public hearing and second reading October 9, 1978, seconded by Council Member Miller. The moti carried. BILL NO. 192 -78 A BILL APPROPRIATING $139,050.00 FROM THE SEWAGE WORKS DEPRECIATION FUND TO THE SEWAGE WORKS OPERATION AND MAINTENANCE FUND FOR THE PURCHASE OF MOTOR EQUIPMENT TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS BUREAU OF SANITATION. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading October 9, 1978, seconded by Council Member Dombrowski. The motion carried. BILL NO. 193 -78 A BILL AMENDING VARIOUS SECTIONS WITHIN CHAPTER 20, ARTICLE 7, SNOW ROUTES, AND CHAPTER 20, ARTICLE I, GENERAL PROVISIONS, ADMINISTRATION AND REGULATIONS OF THE MUNICIPAL CODE 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 October 23, 1978, seconded by Council Member Kopczynski. The motion carried. BILL NO. 194 -78 A BILL AMENDING CHAPTER 2, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING A POLICY, PERTAINING TO THE RATE OF REIM- BURSEMENT TO EMPLOYEES WHO USE THEIR PRIVATE VEHICLES IN PERFORMING JOB DUTIES FOR THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Adams made a motion to refer this bill to the Administration and Finance Committee and set it for public hearing and second reading October 9, 1978, seconded by Council Member Dombrowski. The motion carried. BILL NO. 195 -78 A BILL ESTABLISHING A USER FEE FOR THE USE OF AMBULANCE /MEDICAL SERVICES PROVIDED BY THE CITY OF SOUTH BEND, INDIANA, THROUGH ITS PARAMEDIC BRANCH OF THE FIRE DEPARTMENT. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading October 23, 1978, seconded by Council Member Kopczynski. The motion failed. Council Member Miller made a motion to set this bill for public hearing and second reading October 9, 1978, seconded by Council Member Dombrowski. The motion carried. PRIVILEGE OF THE FLOOR Mr. James T. Beck 1630 Randolph, asked the Council to investigate as to how many people have insurance to pay for ambulance service before they take action on Bill No. 195 -78. REGULAR MEETING SEPTEMBER 25, 1978 REGULAR MEETING RECONVENED (CONTINUED) UNFINISHED BUSINESS Reports from Area Plan: 405 W. Wayne - We have reviewed the Historic Preservation Commission's proposed designation of the above property as an historic landmark with respect to the relationship of said property to the Comprehensive Plan for the City of South Bend. The proposed designation concurs with the Comprehensive Plan as this area will develop as Residential High Density and Office Professional. We, therefore, return a favorable recommendation to the Historic Preservation Commission. 701 North Cottage Grove - We have reviewed the Historic Preservation Commission's proposed designation of the above property as an historic landmark with respect to the relationship of said property to the Comprehensive Plan for the City of South Bend. The proposed designation concurs with the Comprehensive Plan, as this area will continue as low- density residential. We, therefore, return a favorable recommendation to the Historic Preservation Commission. Southwest corner of Ireland and Ironwood Roads - 720 W. Colfax - Upon a motion by Richard Larrison, being seconded by Dwight Miller and carried, the petition of William H. Dunfee, IPM, a Partnership, to zone from "R" Residential and "C" Commercial, "A" Height and Area, to "C" Commercial, "F" Height and Area, property located at the southwest corner of Ireland and Ironwood Roads, City of South Bend, is returned to the Common Council with no recommendation, as a motion to recommend favorably failed to pass. Upon a motion by Earl Kime, being seconded by Joseph Serge and unanimously carried, the petition of Richard Tirman, to zone from "B" Residential, "B" Height and Area, to "C" Commercial, "B" Height and Area, property located at 720 W. Colfax, City of South Bend is returned to the Common Council with an unfavorable recommendation. 3905 Western Avenue- Upon a motion by William Limrick, being seconded by June Stratton and carried unanimously, the petition of Ben and Anita Weinstein and Sam and Virginia Cossman, to zone from "C" Commercial "D" Height and Area, and "B" Residential, "A" Height and Area, to "C" Commercial, "D" Height and Area, property located at 3905 Western Avenue, City of South Bend, is returned to the Common Council with a favorable recom- mendation, subject to a final site plan, and the design of the storm drainage system being approved by the City Engineer's office and the closing of the southern most entrance off Chicago Street. 1825 S. Magnolia - Upon a motion by Dwight Miller, being seconded by Daniel Chrzan and carried, the petition of Gruber's Super Market, Inc., to zone from "A" Residential, "A" Height and Area, to "C" Commercial, "D" Height and Area, property located at 1825 South Magnolia, City of South Bend, is returned to the Common Council with a favorable recommendation, subject to: a) the screening of the northern property line; b) vacation of the alley; c) paving of parking area; d) and a final site plan. Southeast corner of Mishawaka Avenue and 34th Street - Upon a motion by June Stratton, being seconded by Harry Casad and carried, with Joseph Serge voting "Nay ", the petition of St. Joseph Bank and Trust Company, to zone from "B" Residential, "A" Height and Area, to "C -1" Commercial, "A" Height and Area, property located at the southeast corner of Mishawaka Avenue and 34th Street, City of South Bend, is returned to the Common Council with an unfavorable recommendation. Council Member Adams made a motion to set the reading October 9, 1978, seconded by Council NEW BUSINESS appropriate bills for public hearing and second Member Dombrowski. The motion carried. Council Member Kopczynski indicated that he felt the Council should listen to the presentations and motions made and vote as an individual Councilman without being prompted by another member of the Council. Council Member Kopczynski made a motion to start the October 9, 1978, meeting of the Council at 6:00 p.m., seconded by Council Member Adams. The motion carried. There being no further business to come before the Council, unfinished or new, Council Member Kopczynski made a motion to adjourn, seconded by Council Member Adams. The motion carried and the meeting was adjourned at 11:37 p.m. ATTEST: . g.,-. -, " 4 � - /, �_ � City er APPROVED: