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HomeMy WebLinkAbout10-09-78 Council Meeting Minutess1 REGULAR MEETING OCTOBER 9, 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, October 9, 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 September - 25,1978 meeting of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. /s /Roger 0. Parent /s /Mary Christine Adams Council Member Dombrowski made a motion that the minutes of the September 25, 1978, meeting of the Council be placed on file, seconded by Council Member Adams. The motion carried. Council Member Taylor made a motion to resolve into the Committee of the Whole, seconded by Council Member 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, October 9, 1978, at 7:04 p.m., with nine members present. Chairman Frank Horvath presiding. BILL NO. 132 -78 A BILL AMENDING ORDINANCE NO. 4990 -681 AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (1825 S. MAGNOLIA STREET.) This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Gerald Feeney, attorney for the petitioner, made the presentation for the bill. He indicated this rezoning was for parking spaces for Gruber's Supermarket. He indicated that recently no parking signs had been placed in front of the store, therefore, this off - street parking was necessary. Council Member Kopczynski made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion car- ried. 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 being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. James Nate, attorney for the petitioner made the presentation for the bill. He indicated this rezoning would allow for the erection of a car wash. He indicated this would be a substantial improvement to the entire area. Council Member Kocpzynski said that he would like to see a fence erected to protect the residential neighborhood Council Member Kopczynski made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 140 -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) (720 W. COLFAX.) Council Member Adams made a motion to withdraw this bill, seconded by Council Member Dombrowski. The motion carried. BILL NO. 141 -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) (3400 BLOCK MISHAWAKA AVENUE.) This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Charles Boynton, attorney for the petitioner, made the presentation for the bill. He indicated this rezoning would allow the erection of a branch bank for St. Joseph Bank and Trust. He described the surrounding property and indicated it was mostly commercial. Mr. Lloyd Taylor, of the St. Joseph Bank, showed a diagram of the proposed bank. Mrs. Charles Quick, 913 35th Street, spoke in favor of this rezoning. She presented a petition with signatures of people in the neighborhood who are in favor of this rezoning. Mrs. Jeanette Bready, 919 S. 35th, spoke in favor of this rezoning. Council Member Serge indicated that a new branch bank in his district improved the area. Council Member Adams made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. REGULAR MEETING OCTOBER 9, 1978 COMMITTEE OF THE WHOLE MEETING (CONTINUED) 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) (SOUTHWEST CORNER OF IRELAND AND IRONWOOD.) This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Charles Sweeney, attorney for the petitioner, asked that Bill No. 180 -78, be heard at this time, since it was a companion bill. 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 ROAD AND IRONWOOD DRIVE IN ST. JOSEPH COUNTY, INDIANA.. Mr. Sweeney indicated this was another phase of the annexing and rezoning of this corner. He indicated this property was adjacent to the area recently annexed and rezoned, and that because of an error in the legal description this portion was not included in the earlier petition. Council President P -rent made a mtoi -n to recommend BIll No. 159 -78 to the Council favorable, seconded by Council Member Taylor. The motion carried. Council Member Taylor made a motion to recommend Bill No. 180 -78, to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 172 -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 (405 W. WAYNE.) This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Ms. Candy Peck, of the Historic Preservation Commission, made the presentation for the bill. She showed slides of the house, and described the house and its history. Council Member Adams made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. BILL NO. 173 -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 (701 NORTH COTTAGE GROVE.) This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Ms. Candy Peck, of the Historic Preservation Commission, made the presentation for the bill. She showed slides of the house, and described the house and its history. Council Member Adams made a motion to recommend this bill to the Council favorable, seconded by Council Member Taylor. The motion carried. 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 being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Ms. Virginia Chism, Director of the Human Rights Commissic made the presentation for the bill. She indicated this appropriation was from a Federal grant awarded the Human Rights Commission, and it would be used to replace the planner eliminated from the 1979 budget. Council Member Taylor made a motion to recommend this bill to the Council favorable, seconded by Council Member Adams. The motion carried. BILL NO. 182 -78 A BILL TRANSFERRING $104,100 AMONG VARIOUS ACCOUNTS ALL ACCOUNTS BEING WITHIN THE CENTURY CENTER OPERATIONS FUND OF THE CITY OF SOUTH BEND, INDIANA. This being the time heretfore set for public hearing on the above bill, proponents and oppponents were given an opportunity to be heard. Mr. Peter Mullen, City Controller, made the presentation for the bill. He asked that the bill be amended by changing the amount Qf $108,100 in the title and Section I. Council Member Adams asked how much had been received in revenue to date at the Century Center. Mr. Brian Hedman, Director of Century Center, indicated approximately $487,000. She asked if they anticipated meeting their budget. Mr. Mullen indicated they did not feel they could meet that figure. Council Member Miller made a motion to amend this bill to $108,100, seconded by Council Member Taylor. The motion carried. Council Member Miller made a motion to recommend this bill to the Council favorable, seconded by Council Member Szymkowiak. 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 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. Peter Mullen, City Controller, made the presentation for the bill. He indicated this appropriation would be used for a security fence for towed vehicles stored at the Olive Street Pumping Station., Council Member Szymkowiak made a motion to recommend this bill to the Council favorable, seconded by Council Member Adams. The motion carried. REGULAR MEETING OCTOBER 9, 1978 COMMITTEE OF THE WHOLE MEETING (CONTINUED BILL NO. 184 -78 A BILL TRANSFERRING THE BALANCES OF $9,148.75 FROM THE SEWAGE DISPOSAL FUND (43), $3,521.57 FROM THE COMMUNITY DEVELOPMENT TRAINING PROGRAM FUND (83), $4,684.25 FROM THE INTERGOVERNMENTAL PERSON FUND (94), $11,220.06 FROM THE PUBLIC SERVICES CAREERS FUND (96), $1,104.97 FROM THE YOUTH EMPLOYMENT PROGRAM FUND (97), AND $2.7.25 FROM THE SUMMER YOUTH TRANSPORTATION FUND (98). ALL AFOREMENTIONED BALANCES SHALL BE TRANSFERRED TO THE GENERAL FUND OF THE CITY OF SOUTH BEND, 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. Peter Mullen, City Controller, made the presentation for the bill. He indicated this $29,706.85 in dormant funds would be transferred into the Genera Fund. He indicated this action was being taken at the suggestion of the State Board of Accounts. Council Member Miller made a motion to amend this bill in Section I be adding the amounts and funds in the title of the bill, 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 Szymkowiak. 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 being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Bill Smurr, South Bend Water Works, made the presenta tion for the bill.. He indicated this bill will approve the ocst of engineering expenses for a survey of equipment and methods needed to automate the booster station. Council Member Szymkowia made a motion to recommend this bill to the Council favorable, 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 $6,000, 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 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 indicated this transfer would be used to purchase a pace bench top' repair center in order to rebuild damaged solder runs on police portable radios. He said the balance of the money transferred would be used for a volt meter and for parts for all radio units in the City. Council Member Serge made a motion to recommend this bill to the Council favorable,' seconded by Council Member Adams. The motion carried. BILL NO. 191 -78 A BILL AMENDING ORDINANCE NO. 5988 -76, 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 being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. John Stancati, Director of Utilities, made the pre- sentation for the bill. He indicated this increase in trash pickup rates of $1 for regular customers and 50 cents for senior citizens was necessary in order to general sufficient moneys to purchase needed equipment. Council President Parent made a motion to recommend this bill to the Council favorable, seconded by Council Member Kopczynski. Council Member Horvath indicated he was against this increase in rates. The motion carried. BILL NO. 192 -78 A BILL APPROPRIATING $139,050.00 FROM THE SEWAGE WORKS DEPRECIATION FUND OF 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 being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. John Stancati, Director of Utilities, made the pre - sentation for the bill. He indicated this was a companion bill to the increase in trash rates. He said this money would be used to purchase five packer trucks that are thoroughly equipped and meet specifications. Council Member Serge questioned Mr. Morgan Peck, Manager of the Bureau of Sanitation, about the condition of the equipment-they are now using. Mr. Peck indicated that two pieces had to be replaced as they were inoperable, and two others were in the repair shop most of the time. Council Member Serge made a motion to recommend this bill to the Council favorable, seconded by Council Member Serge. 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 being the time heretofore set for public hearing on the above bills, proponents and opponent; were given an opportunity to be heard. Mr. Peter Mullen, City Controller, made the presentation for the bill. He indicated this bill would implement the reduction of twenty vehicles from the City's vehicle fleet. He indicated that by taking away a City vehicle from an employee it could cause an extreme hardship financially, as this individual must go out and buy a new car to supple- ment the one that has been taken away. He said for that reason he was proposing that any in- dividual who turns back his car to the City for the remainder of 1978 will be paid 30 cents per mile, and effective January 1, 1979, all vehicles that are either voluntarily or involuntarily turned back to the City be paid 30 cents a mile for the first 5,000 miles and 17.5 cents there- after. Council Member Adams gave the following Personnel and Finance Committee Report: The Committee unanimously recommends the following amendments: Section 2 -47; 1. December 31 be changed to January 1, 1979.; 2. 30� be changed to 22�. At the end of the paragraph, after the word terms, add "until December 31, 1978. "; 3. 30� be changed to 17�, and eliminate "for the first 5,000 miles and 17.5 cents per mile thereafter. "; 6. Eliminate everything after the first sentence. REGULAR MEETING OCTOBER 91 1978 COMMITTEE OF THE WHOLE MEETING (CONTINUED) She made a motion to amend this bill in Section 2 -47, paragraph 1, by changing December 31, 1979, to January 1, 1979; paragraph 2 be changed from 30 cents to 22 cents, and after the word terms, add until July 1, 1979; paragraph 3 be changed from 30 cents to 17 cents, seconded by Council Member Kopczynski. Council Member Miller indicated he was concerned about the hardship that will be created for some employees. He indicated he would prefer giving the Administration until July 1, to reduce the fleet, and give a mileage allowance of 22 cents for the first year. He made a motion to amend the amendment in Section 2 -47, paragraph 1, to change the date to July 1, 1979; paragraph 2, change the rate to 33 cents; paragraph 3 change to 22 cents, seconded by Council Member Serge. Mr. Mullen indicated he would much prefer reducing the fleet by more than twenty cars and keeping the mileage rate at 30 cents. Council Member Horvath indicated he did not feel the City should subsidize any employee. Council President Parent indicated he could not vote for this bill. Council Member Kopczynski indicated that some employees abuse the City - owned vehicles, and those persons should not be assigned a car. A roll call vote on the motion ti amend the motion failed by a vote of four ayes and five nays (Council Members Taylor, Kopczynski, Adams, Horvath and Parent.) Council Member Adams made a motion to amend Section 2 -47, paragraph 1, by changing the date from December 31, 1979, to January 1, 1979, paragraph 2, change the amount from 30 cents to 22 cents; paragraph 3, change to read "Until July 1, 1979, those in- dividuals who revert to personal car usage for City business will be paid 22 cents per mile for the first 5,000 miles and 17 cents per mile thereafter," and eliminate paragraph 6, seconded by Council Member Kopczynski. The motion carried. Council Member Taylor made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Adams. 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 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 because the service is provided without charge, it was estimated that at least one -third of the ambulance runs are either for taxi service or non - emergency. He indicated they felt these calls would be eliminated if there was a charge for this service. He indicated they were requesting a charge of $35 for all ambulance runs, except for senior citizens who will be charged $20. Mr. Lester Fox, of REAL Services, spoke in favor of a users fee. He indicated he would recommend that there be an established fee for all users, however, if there is no third party payment, the older adults should not be charged, since they would deny them- selves of using this service when it was needed. Mr. Jim Beck, 1630 Randolph, indicated that he was aware of the abuse some citizens have made of the ambulance service, however, most of the citizens do not have insurance to pay this fee. Mr. Paul Bognar, 807 W. Washington, indicated that the City has expensive paramedic units making tax runs, and a users fee would eliminate this problem. Council President Parent made a motion to amend this bill in Section II, as follows: "There will be no user fee for services rendered to "senior citizens" over the age of 65 years, by the City of South Bend, Indiana, through its Ambulance /Paramedic Service of the Fire Depart- ment.", seconded by Council Member Kopczynski. Council Member Szymkowiak made a motion that this apply only to citizens of South Bend. The motion failed for lack of a second. Council Member Adams read a report on the insurance coverage of major employers in the area. She made a motion to recommend this bill to the Council unfavorable, seconded by Council Member Kopczynski, The motion failed. Council Member Taylor indicated that the City was facing a deficit next year and benefits are going to have to be cut. Council Member Kopczynski indicated that the Council should put top priority on services that can be used by all people. Council Member Serge in- dicated that the surrounding cities have a fee for this service. Council Member Miller made a motion to amend Section II, as amended by adding "if there is no third party payment." Council Attorney Kathleen Cekanski - Farrand indicated third party could be construed in many ways. Council Member Taylor made a motion to recess to discuss this matter, seconded by Council Member Dombrowski. The motion carried and the meeting was recessed at 8:15 p.m., and reconvened at 8:30 p.m. Council Member Taylor made a motion to refer this matter to the Administration and Finance Committee and continue it until the next meeting, seconded by Council Member Dombrowski. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Serge made a motion to rise and report to the Council, seconded by Council Member Dombrowski. The motion carried. ATTEST: ATTEST: City Clerk REGULAR MEETING RECONVENED 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 fllor of the County -City Building at 8:30 p.m., Council President Parent presiding and nine members present. BILLS, SECOND READING ORDINANCE NO. 6465 -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) (1825 S. MAGNOLIA STREET.) 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 OCTOBER 9, 1978 REGULAR MEETING RECONVENED (CONTINUED) ORINANCE NO. 6466 -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) (3905 WESTERN AVE.) This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Taylor. The bill passed by a -roll call vote of nine ayes. BILL NO. 140 -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) (720 W. COLFAX.) Council Member Dombrowski made a motion to strike this bill, seconded by Council Member Adams. The motion carried. ORDINANCE NO. 6467 -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) (3400 BLOCK MISHAWAKA AVENUE.) 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. 6468 -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) (SOUTH - WEST CORNER OF IRELAND AND IRONWOOD.) 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. 6469 -78 AN ORDINANCE 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 (405 W. WAYNE.) 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. 6470 -78 AN ORDINANCE 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 (701 NORTH COTTAGE GROVE.) This bill had second reading. Council Member Dombrowski 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. 6471 -78 AN ORDINANCE 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 DEVELOP- MENT. This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded by CJouncil Member Dombrowski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6472 -78 AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LANDS, GENERALLY KNOWN AS THE SOUTHWEST CORNER OF IRELAND ROAD AND IRON- WOOD DRIVE, IN ST. JOSEPH COUNTY, INDIANA. 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. 6473 -78 AN ORDINANCE TRANSFERRING $108,100 AMONG VARIOUS ACCOUNTS, ALL ACCOUNTS BEING WITHIN THE CENTURY CENTER OPERATIONS FUND OF THE CITY OF SOUTH BEND, INDIANA. This bill had second reading. Council Member Adams made a motion to amend this bill, as ame in the Committee of the Whole, seconded by Council Member Dombrowski. 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. 6474 -78 AN ORDINANCE 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 DEPART- MENT OF ADMINISTRATION AND FINANCE. 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 OCTOBER 91 1978 REGULAR MEETING RECONVENED (CONTINUED) ORDINANCE NO. 6475 -78 AN ORDINANCE TRANSFERRING THE BALANCES OF $9,148.75 FROM THE SEWAGE DISPOSAL FUND (43), $3,521.57 FROM THE COMMUNITY DEVELOPMENT TRAINING PROGRAM FUND (83), $4,684.25 FROM THE INTERGOVERNMENTAL PERSON FUND (94), $11,220.06 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 AFOREMENTIONED BALANCES SHALL BE TRANSFERRED TO THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. 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 Miller 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. 6476 -78 AN ORDINANCE 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 AUTO- MATIC CONTROLS IN THE TOTAL AMOUNT OF $4,000. 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. 6477 -78 AN ORDINANCE 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 $6,000, 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 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. 6478 -78 AN ORDINANCE AMENDING ORDINANCE NO. 5988 -76, 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 second reading. Council Member Dombrowski made a motion to pass this bill, seconder by Council Member Szymkowiak. The bill passed by a roll call vote of eight ayes and one nay (Council Member Horvath.) c.4- (, q -) q - 7 j- C, -, q `* —0,5— ORDINANCE NO. 6480 -78 AN ORDINANCE AMENDING CHAPTER 2 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING A POLICY, PERTAINING TO THE RATE OF REIMBURSEMENT TO EMPLOYEES WHO USE THEIR PRIVATE VEHICLES IN PERFORMING JOB DUTIES FOR THE CITY OF SOUTH BEND, INDIANA. This bill had second reading. Council Member Taylor made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Adams. The motion carried. Council Member Taylor made a motion to pass the bill, as amended, seconded by Council Member Adams. The bill passed by a roll call vote of seven ayes and two nays (Council Members Serge and Dombrowski. BILL NO. 195 -78 AN ORDINANCE 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. Council Member Taylor made a motion to continue public hearing and second reading on this bill until October 23, 1978, seconded by Council Member Dombrowski. The motion carried. RESOLUTIONS RESOLUTION NO. 644 -78 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE AWARD OF ONE CONTRACT IN EXCESS OF $5,000.00 FOR THE ELECTRICAL REHABILITATION WORK IN THE COM- MUNITY DEVELOPMENT PROGRAM. WHEREAS, under the provisions of Ordinance No. 5872 -75, passed by the South Bend Common Council on August 11, 1975, all contracts in excess of $5,000.00 must be approved by the Common Countil; and WHEREAS, low bid for the electrical work under the- Community Development Program has ex- ceeded $5,000.00. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of theCity of South Bend, Indiana; 1. That approval be granted to the Redevelopment Commission of the City of South Bend, Indiana, to enter into a contract with the F &F Electric, inc. for the electrical rehabilitation work on the following property: 82 feet north end Lot #17 & Lot #18, Elder's lst Addition 414 -416 E. Wenger Street $11,490.00 TOTAL $11,490.00 2. That this resolution shall be in full force and effect from and after its adoption by the Common Council and its approval by the Mayor of the City of South Bend, Indiana /s /Roger 0. Parent Member of the Common Council agetell EM u IT NOW 9616M • • • COMMITTEE OF THE WHOLE MEETING (CONTINUED) A public hearing was held on this resolution at this time. Mr. James Harcus, Director of the Bureau of Housing, indicated this electrical work would be completed on the Southeast Neighborho Center. Council Member Taylor made a motion to adopt this resolution, seconded by Council Membe Szymkowiak. The motion carried. RESOLUTION NO. 645 -78 A RESOLUTION OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT A GRANT APPLICATION FOR FUNDING OF THE STRUCTURE REHABILITATION FOR THE NEW "RUN- AWAY SHELTER QUARTERS." WHEREAS, the Mayor of the City of South Bend is the Chief Executive Officer of the City, is the Applicant for a Grant for "The Runaway Shelter ". NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of South Bend, Indiana: SECTION I. Hereby established the authority of the Mayor of the City of South Bend to sub- mit an application for Renovation funds in the amount of $12,500.00. SECTION II. The Director of Youth Service Bureau will be designated the Administrative Agen for this project. For every category established under this Resolution, Director of the Youth Service Bureau shall submit to the Common Council a line item budget prior to the expenditure of any grant money received upon approval of this application. SECTION III. 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 O. Parent Member of the Common Council A public hearing was held on this resolution at this time. Ms. Bonnie Strycker, Executive Director of the Youth Service Bureau, indicated they were requesting the Council's approval to apply to HEW for funds for the purpose of rehabilitation and furnishing the FIRE Group Home for use as a runaway shelter. She indicated they had searched for a suitable location within the City, but were unable to find one. Council Member Adams indicated she did not feel Granger was a suitable location for a City shelter. She indicated she was going to ask the Council to table this resolution. Council Member Miller asked if this new faiclity was better than the present one. Ms. Stricker indicated there were good points as well as bad. She said this move to Grnager will necessitate some program changes. Council Member Miller made a motion to adopt this resolution, seconded by Council Member Taylor. Council President Parent indicated that he did not think this resolution should be approved and he.felt that a home could be located within the City. Council Member Kopczynski indicated that going out of the CIty presented a transportation problem. The resolution was passed on a roll call vote of five ayes and four nay: (Council Member Kopczynski, Adams, Horvath and Parent.) RESOLUTION NO. 646 -78 A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE EXPENDITURE OF $5,500.00 BY THE DIVISION OF COMMUNITY DEVELOPMENT FOR AN AUDIT OF THE 1976 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND INNOVATIVE PROJECT PROGRAM "PROJECT REBATE." WHEREAS, the Division of Community Development is required to receive authorization from Common Council prior to entering into any contractual arrangement exceeding an expenditure of $5,000.00; and, WHEREAS, pursuant to Title 24, Part 570 of the Code of Federal Regulations, the Division of Community Development is required to undertake an audit of its financial managment system not less frequently than once every two years; and, WHEREAS, the Division of Community Development has negotiated to contract with the indepen- dent accounting firm of Coopers & Lybrand to conduct the required audit at the cost of $5,500.00, NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of/S.outh Bend, Indiana, as follows: SECTION I. That the Division of Community Development is authorized to enter into a con- tract with the independent accounting firm of Coopers & Lybrand for the audit of the 1976 Com- munity Development Block Grant Program and Innovative Project Program "Project Rebate" at a cost of $5,500.00. /s /Roger 0. Parent Member of the Common Council A public hearing was held on this resolution at this time. Mr. Carl Ellison, Director of Com- munity Development, indicated that Community Development is required to undertake an audit of its financial management system not less frequently than once every two years. He indicated that Community Development has negotiated to contract Coopers & Lybrand to conduct the required audit at the cost of $5,500.00. Council Member Adams made a motion to adopt this resolution, seconded by Council Member Dombrowski. The resolution was adopted by a roll call vote of nine a) BILL NO. 6479 -78 AN ORDINANCE APPROPRIATING $139,030.00 FROM THE SEWAGE WORKS DEPRECIATION FUND TO THE SEWAGE WORKS OPERATION AND MAINTENANCE FUND FOR THE PURCHASE OF MOTOR EQUIPMENT TO BE ADMINISTERED BY CITY OF SOUTH BEND THROUGH ITS BUREAU OF SANITATION This bill had second reading. Council Member Dombrowski made a motion to pass this bill, secon by Council Member Szymkowiak. The bill passed by a roll call vote of eight ayes and one nay (Council Member Horvath.) S. REGULAR MEETING OCTOBER 9, 1978 REGULAR MEETING RECONVENED (CONTINUED) RESOLUTION NO. 647 -78 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE EXPENDITURE OF $8,480.00 BY THE DIVISION OF COMMUNITY DEVELOPMENT FOR THE PURCHASE OF AN URBAN STATISTICAL INFORMATION PACKAGE. WHEREAS, the Division of Community Development is required to receive authorization from the Common Council prior to entering into any contractual arrangement exceeding an expenditure of $5,000.00; and, WHEREAS, the Division of Community Development is charged with the preparation of the Com- munity Development Block Grant Application, including annual and three year Community Develop- ment plans, a housing assistance plan, and related program andproject developments, which require certain social, economic, housing, and related data; and, WHEREAS, the Division of Community Development undertakes general planning, research and analysis, andprogram development activities, eligible under the Housing and Community Develop- ment Act of 1977, which require certain social, econimic, housing, and related data; and, WHEREAS, the Division of Community Development undertakes additional grantsmanship activitie which support and enhance the City's Community Development Block Grant Program, which require certain social, economic, housing, and related data; and, WHEREAS, the urban statistical information package, entitled "Profiles of Change" prepared by the R. L. Polk and Company, will provide certain required social, economic, housing, and related data. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, as follows: SECTION I. That the Division of Community Development is authorized to enter into a con- tract with R. L. Polk and Company for the purchase of an urban statistical information package entitled "Profiles of Change," at the cost of $8,480.00. /s /Roger 0. Parent Member of the Common Council A public hearing was held on the resolution at this time. Mr. Carl Ellision, Director of Com- munity Development, indicated these funds will be used to purchase the 1977 -78 Polk Profiles of Change for the City of South Bend. He said this is an urban statistical package which in- cludes population, housing stock, household, social, and economic data for the City. He said this has been a valuable planning tool and document not only for the preparation of the Com- munity Development application and plan, but also for the general planning and grantmanship activities conducted. 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 nine ayes. RESOLUTION NO. 648 -78 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND SUPPORTING AND ENCOURAGING THE MAYOR TO UNDERTAKE APPROPRIATE ACTIONS TO PROVIDE FOR THE ORDERLY ECONOMIC DEVELOPMENT ON AN INNER -CITY AREA OF THE CITY OF SOUTH BEND COMMONLY REFERRED TO AS THE "MONROE- SAMPLE" AREA. WHEREAS, the Common Council of the City of South Bend recognizes the responsibility of the Mayor to provide leadership in promoting the orderly economic growth and development of the com- munity; and, WHEREAS, the Common Council recognizes that the confluence of physical deterioration and economic erosion in the Monroe - Sample area make necessary continued public sector action to. stimulate the revitalization of this area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana,that SECTION I. The Mayor is encouraged to engage in appropriate planning and program develop- ment activities which will result in the achievement of the following general development ob- jectives in the Monroe - Sample area: a. Mixed use areas of compatible one- family dwellings, multi - family dwellings, residential - office, and service - commercial uses. b. Mixed use area of compatible service - commercial and light industrial uses. C. Modified street system which facilities the least amount of residential disturbance and smooth traffic movement to increase the quality of life and economic defelopment of the area. d. To preserve and rehabilitate as many structurally -sound and economically viable residential and commercial budilings presented located in the area. SECTION II. Consistent with the general objectives noted at Section I, the Mayor is encouraged to consider heavy industrial uses and similar uses to be inconsistent with the development objectives of this area. SECTION III. This resolution shall not be construed as approving the submission of an application for a Community Development grant or loan but rather as a formal declaration of support to the administration to continue studying, planning, and mandating citizen and Council imput on plans for the orderly economic growth and development of this part of our community. SECTION IV. This resolution shall be in full force and effect from and afters its passage by the Common Council, and its approval by the Mayor. /s /Roger 0. Parent Member of the Common Council Mayor Peter J. Nemeth requested that the next resolution have public hearing at this time. REGULAR MEETING OCTOBER 9, 1978 REGULAR MEETING RECONVENED (CONTINUED RESOLUTION NO. 649 -78 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND SUPPORTING AND ENCOURAGING THE MAYOR TO UNDERTAKE APPROPRIATE ACTIONS TO PROVIDE FOR THE ORDERLY ECONOMIC DEVELOPMENT OF AN INNER -CITY AREA OF THE CITY OF SOUTH BEND COMMONLY REFERRED TO AS THE "EAST BANK" AREA. WHEREAS, the Common Council of the City of South Bend recognizes the responsiblity of the Mayor to provide leadership in promoting the orderly economic growth and development of the com- munity; and, WHEREAS, the Common Council recognizes the desirability of stimulating the development of residential, commercial and recreational uses in the EAst Bank area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, that: SECTION I. The Mayor is encouraged to engage in appropriate planning and program develop- ment activities which will result in the achievement of the following general development ob- jectives in the East Bank area: a. Mixed - income residential development with compatible service- commercial office uses. b. To consider reopening the "East Race" and related open space developments if it is economically feasible. C. Improved Colfax Bridge d. Improved Niles Avenue e. Rehabilitation /Adaptive, Reuse of appropriate structures including Robertson's Ware- house, I &M Main Building, and as many other buildings which are structurally sound, and economically fiable. f. To consider all fiscally sound measures which would strive toward viable social, economic, and environmental policies in this area. SECTION II. This resolution shall not be construed as approval of any application for Com- munity Development grants or loans; but rather as a formal declaration of support to the ad- ministration to continue studying, planning, andifiandating citizen and Council imput on plans for the orderly economic growth and development of this part of our community. SECTION III. This resolution shall be in full force and effect from and after its passage by the Common Council, and its approval by the Mayor. /s/ Roger 0. Parent Member of the Common Council A public hearing was held on these resolutions at this time. Mayor Nemeth indicated that the purpose of these resolutions is to insure further urban acquisition efforts in our City. He indicated that planning should be done so that additional properties can be added to the tax base. He said these projects were only in the initial planning state. He said these resolutionE were a declaration of support from the Council. Council President Parent indicated that in essence the Council supported the Mayor's efforts. He made a motion to amend the Monroe- Sample resolution by substituting a new resolution, he then read the resolution, seconded by Council Member Kocpzynski. He made a motion to amend the East Bank resolution by substituting a new resolution, he read the resolution, seconded by CouncilMember Kopczynski. Mr. Rey Hernandez, 702 E. South, indicated the amended resolution for the Monroe - Sample area was essentially a good one and it has been overdue. He asked that this resolution be amended in Section III by re- moving the word seeking and inserting the word mandating. Mr. Conrad Damian, President of PAC, indicated that the neighborhood needed planning, and should be involved in the project. He said he would like to recommend that the resolution be amended to mandate neighborhood involve- ment in the process. Mr. George Proctor- Smith, 1702 Hildreth, asked that all future planning for the Southeast Neighborhood be done in keeping with PAC. Mr. James Russell, 1517 Fremont, spoke to the Council. Mr. Joe Hickey, 1131 E. Eckman, spoke in favor of the resolution for the orderly development of the East Bank of the river. Mr. Richard Doyle, State Representative, indicated that redevelopment had not obtained desired results. Mr. Gerald Hickey, 1417 E. Wayne, urged the Council to adopt the resolution for the East Bank. Mr. Eddie Ehlers, 1236 E. Wayne, indicated he was proud of Downtown South Bend. He commended the Council on their farsight to look ahead and adopt the resolution for the East Bank. Mayor Nemeth asked for an amendment in in the Monroe - Sample resolution, in paragraph "d" by inserting and "economically viable," after structually sound, and in the East Bank resolution in paragraph "e ". Council President Parent made a motion to amend the resolutions, seconded by Council Member Miller. The motion carried. Ms. Barbara Schankerman, 1615 Rockne, spoke against redevelopment. Mr. John Smith, 122 E. Haney, indicated he supported the amended resolutions. Council Member Adams made a motion to amend the Monroe - Sample resolution in Section II, line four, by changing the word "seeking" to "mandating ", seconded by Council Member Kopczynski. The motion carried. Council Member Adams made a motion to amend the East Bank resolution in Section II, line four, by changing the word seeking to mandating, seconded by Council Member Kocpzynski. The motion carried. Council President Parent made a motion to adopt Resolution No. 648 -78, as amended, seconded by Council Member Adams. The resolution was adopted by a roll cll vote of nine ayes. Council President Parent made a motion to adopt Resolution No. 649 -79, as amended, seconded by Council Member Adams. The resolution wa: adopted by a roll call vote of nine ayes. :ixe4 u ► • • : S REGULAR MEETING RECONVENED (CONTINUED) BILLS, SECOND READING BILL NO. 196 -78 A BILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, IN (CHAPTER 21, MUNICIPAL CODE ( (JEFFERSON AND 34TH STREET.) 13 47 This bill had first reading. Council Member Miller made a motion to refer this bill and petition to Area Plan, seconded by Council Member Taylor. The motion carried. BILL NO. 197 -78 A BILL AMENDING ORDIANNCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (PART OF THE WEST NORTH SHORE DRIVE, SOUTH BEND, ST. JOSEPH COUNTY, INDIANA.) This bill had first reading. Council Member Miller made a motion to refer this bill and petition to Area Plan, seconded by Council Member Taylor. The motion carried. BILL NO. 198 -78 A BILL TRANSFERRING $700.00 AMONG THE VARIOUS BUDGET CLASSIFICA- TIONS OF THE DEPARTMENT OF LAW WITHIN THE GENERAL FUND OF THE CITY OF SOUTH BEND. This bill had first reading. Council Member Miller 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. 199 -78 A BILL AMENDING SECTION 4 -3 OF CHAPTER 4, AMUSEMENTS, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Miller 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. 200 -78 A BILL TRANSFERRING $1,900.00 AMONG VARIOUS ACCOUNTS, ALL ACCOUNTS BEING WITHIN THE BUREAU OF CEMETERIES IN THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Miller made a motion to set this bill for public hearing and second reading October 23, 1978, seconded by Council Member Dombrowski. The motion carried. ORDINANCE NO. 6482 -78 AN ORDINANCE TRANSFERRING $46,700.00 FROM ACCOUNT NO. 440.0, OTHER MATERIALS, TO ACCOUNT NO. 260.0 OTHER CONTRACTUALS, ALL ACCOUNTS BEING WITHIN F. A. PROGRAM 159 OF 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 Miller made a motion to suspend rules and have public hearing and second reading on this bill, seconded by Council Member Dombrowski. The motion carried on a roll call vote of nine 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. Patrick McMahon, Director of Public Works, made the presentation forthe bill. He indicated that in the spring of this year $395,000 was appropriated from Revenue Sharing for use in the 1978 Street Program. He said the money was divided between Other Contractuals and Other Materials. He said they are now nearing the end of the work season and are in a position to more accurately establish the exact distribution of these funds required to complete the current program. He said that based on their finds, they are requesting this transfer. Council Member Kopczynski made a motion to pass this bill, seconded by Council Member Dombrowski. The bill passed by a roll call vote of nine ayes. BILL NO. 202 -78 A BILL APPROPRIATING $8,000.00 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND, FOR A HISTORIC PRESERVATION SURVEY, TO BE AD- MINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DIVISION OF COMMUNITY DEVELOPMENT AND THE HISTORIC PRESERVATION COMMISSION OF SOUTH BEND AND SAINT JOSEPH COUNTY. This bill had first reading. Council Member Dombrowski made a motion to set this bill forpublic hearing and second reading October 23, 1978, seconded by Council Member Adams. The motion car- ried. BILL NO. 203 -78 A BILL AMENDING CHAPTER 20, ARTICLE 3, COMMONLY KNOWN AS THE ABANDONED VEHICLE ORDINANCE. This bill had first reading. Council Member Miller made a motion to set this bill for public hearing and second reading OCtober 23, 1978, seconded by Council Member Dombrowski. The motion carried. PRIVILEGE OF THE FLOOR Mr. James Beck, 1630 Randolph, spoke to the Council about the condition of the Conrail corssing at Leer Street. 348 RE REGULAR MEETING RECONVENED (CONTINUED UNFINISHED BUSINESS ORDINANCE NO. 6481 -78 AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF $8,000,000 ECONOMIC DEVELOPMENT REVENUE BONDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE PURPOSE OF MAKING A LOAN TO BRETHERN CARE OF SOUTH BEND, INC., IN ORDER TO FINANCE THE ACQUISITION AND CON- STRUCTION-OF CERTAIN ECONOMIC DEVELOPMENT FACILITIES; AUTHORIZING EXECUTION OF A LOAN AGREEMENT; PROVIDING FOR THE DELIVERY OF A NOTE AND THE ASSIGNMENT THEREOF, AS SECURITY FOR SAID BONDS; AND AUTHORIZING AN INDENTURE OF TRUST. Council Member Taylor made a motion to suspend rules and have public hearing and second reading on this bill, seconded by Council Member Dombrowski. The motion carried on a roll call vote of nine 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. Kenneth Fedder, attorney for the Economic Development Commission, made the presentation for the bill. He asked that this bill be amended on page 2 by inserting a new page, and on page 4 by changing the interest rate to 940. Council Member Taylor made a motion to amend this bill, seconded by Council Member Dombrowski.' The motion carried. Mr. Fedder indicated this bond issue would develop the Topsfield Terrace retirement village located at 17881 Inwood Road. He said the new facility will provide a minimum of 125 jobs and an approximate annual payroll of $800,000. Council Member Kopczynski 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. NEW BUSINESS Council Member Miller made a motion to appoint Joe Burkus to the Century Center Board of Manager seconded by Council Member Taylor. Council President Parent indicated this was not the procedur Council used to make appointments, and that several names were usually discussed and a decision made. The motion failed on a roll call vote of four ayes and five nays (Council Members Serge, Szymkowiak, Kopcyznski, Horvath and Parent.) Council Member Serge commended the Engineering Department for the fine job they did on Angela Hill. There being no further business to come before the Council, unfinished or new, Council Member Serge made a motion to adjourn, seconded by Council Member Dombrowski. The motion carried and the meeting was adjourned at 10:30 p.m. ATTEST: APPROVED City Clerk Pres