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HomeMy WebLinkAbout12-11-78 Council Meeting MinutesREGULAR MEETING DECEMBER 11, 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, December 11, 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 November 20, 1978, meeting of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. /s Roger 0. Parent Council Member Taylor made a motion that the minutes of the November 20, 1978, meeting of the Council be accepted and placed on file, seconded by Council Member Adams. The motion carried. Council Member Dombrowski made a motion to resolve into the Committee of the Whole, seconded by Council Member.Adams. The motion carried. COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on Monday, December 11, 1978, at 6:04 p.m., with nine members present. Chairman Frank Horvath presiding. 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, INDIANA (CHAPTER 21, MUNICIPAL CODE) (JEFFERSON BLVD. AND 34TH STREET.) This being the time heretofore set for public hearing on the above bill, proponents and opponent were given an opportunity to be heard. Mr. David Keckley, attorney for the petitioner, made the presentation. He explained that the rezoning would be for a dental office. He described the surrounding area, which he indicated was fringe commercial. He indicated he did not feel that this land could be used for residential because of the commercial aspects. Mr. Sparky Casini of Doolittle Realty indicated he had two petitions in favor of this rezoning. He said this dental office was the best use for this land. Mr. Louis Mundell 127 S. 34th, spoke against this rezoning. He indicated this was spot zoning. He presented a petition against the rezoning. Mr. C. J. Chrapliwy, 103 S. 34th Street spoke He this rezoning. Mr. Leslie Baumgartner, 228 33rd, the precinct committeeman, indicated that everyone who had contacted him regarding this zoning was not in favor. Mr. M. Howard, 34th Street, spoke against this rezoning. Council Member Adams made a motion that this bill go to the Council unfavorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 197 -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) (PART OF WEST NORTH SHORE DRIVE.) 3175 REGULAR MEETING DECEMBER 11 1978 COMMITTEE OF THE WHOLE MEETING (CONTINUED This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council President Parent made the presentation for the bill. He indicated he sponsored this bill at the request of the neighborhood. He said this bill presented a good step in regard to preserving the neighborhood. Mr. John Oxian, vice president of the Historic Preservation Commission, asked for an amendment to the bill. He indicated that west should be changed to east in the lines eleven and thirteen of the description Council President Parent made a motion to amend this bill, seconded by Council Member Adams. The motion carried. Mr. Oxian indicated that a committee was established in the neighborhood and they had worked to obtain this status for North Shore Drive. A slide presentation of the neigh- borhood was given. Ms. Charlotte Whittaker, 229 W. North Shore, indicated that the residents wrote the standards for the district to establish it as the first local historic district. Council Member ADams made a motion to recommend this bill to the Council favorable, as amended, 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 being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard, Council Member Adams indicated that her committee had met on this matter. She said they recommended that pinball machines not be licensed starting January 1. She indicated that the City Attorney, the Council Attorney and the attorney re- presenting the machine owners, work on a licensing requirement for arcades, as well as the zoning regulations. She made a motion to amend this bill from the title down by substituting a bill that will remove pinball machine licensing starting January 1, 1979, seconded by Council Member Kopczynski. The motion carried. Council President Parent made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Adams. The motion carried. BILL NO. 219 -78 A BILL APPROPRIATING $13,300.00 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND FOR AN EQUAL OPPORTUNITY HOUSING AUDIT TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DIVISION OF COMMUNITY DEVELOPMENT AND THE SOUTH BEND HUMAN RIGHTS COMMISSION. 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 was a continuation of the public hearing from the last Council meeting. He said this bill represented an affirmative action on the part of the City to determine if housing descrimination exists in the City. Mr. Ray White, local realtor indicated that the Board of Realtors had worked hard to eliminate descrimination in housing in this area. He said Human Rights had not established the fact that there is any descrimination in the City. He said they were against spending money to look for a problem that they have not proven exists. Mr. Wim Vidall, 1734 Fox, indicated there were no other surveys that had been taken that dealt with this problem. Ms. Rose Perkings, 725 E. Wenger, indicated there was not equal housing in the,City. She spoke in favor of this bill. Mr. Hollis Hughes, 6126 Miami, spoke in favor of this bill. Council Member Dombrowski indicated that the Human Rights Commissio should be able to handle any problem regarding housing without a survey. He made a motion that this bill be recommended to the Council unfavorable, seconded by Council Member Szymkowiak. Couc President Parent indicated he was in favor of this survey. Council Member Miller made a motion to amend this bill by deleting the South Bend Human Rights Commission in the title and in the bill, and to reduce the total amount to $9,550, and to substitute a new Section II, "The results of this survey shall be used for statistical purposes and no individual names or places should be included in any report, seconded by Council Member Taylor. After discussion, Council Member Miller withdrew his motion. The motion to recommend unfavorable passed by a roll call vote of six ayes and three nays (Council Members Miller, Taylor.and Parent.) BILL NO. 223 -78 A BILL TRANSFERRING THE SUM OF $3,072 FROM CD PROGRAM 77 -605 (FIRE TRUCK) TO CD PROGRAM 77 -605 (FIRE STATION) IN THE AMOUNT OF $3,072.00. BOTH COST CATEGORIES BEING WITHIN THE DEPARTMENT OF PUBLIC WORKS BUDGET FROM THE 1977 COMMUNITY DEVELOPMENT BLOCK GRANT 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. Carl Ellison, Director of Community Development, made the presentation for the bill. He indicated this transfer would allow the Fire Department to purchase needed furniture and fixtures incidental to the efficient and effective utilization of the newly constructed station. Council Member Kocpzynski made a motion to recommend this bill to the Council favorable, seconded by Council Member Szymkowiak. The motion carried. BILL NO. 224 -78 A BILL APPROPRIATING MONIES FOR THE PURPi THE OPERATING EXPENSES OF CENTURY CENTER SOUTH BEND, INDIANA, FOR THE FISCAL YEAR JANUARY 1, 1979, AND ENDING DECEMBER 31, CLAIMS AND OBLIGATIONS AND FIXING A TIME SHALL TAKE EFFECT. )SE OF DEFRAYING OF THE CITY OF BEGINNING 1979, INCLUDING WHEN THE SAME 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 asked for the following amendments: amend total of account no. 110 to $239,175.00; amend total of 100 accounts to $399,684.00; amend account 252 from $2,290 to $2,000; amend account 260 from $89,776 to 88,625; amend total of 200 accounts to $393,035; amend account 331 from 020,700 to $18,700; amend total 300 accounts to $22,130; amend account 430 from $26,550 to $20,000; amend total 400 accounts to $26,000; amend account 520 from $29,000 to $27,000, amend total 500 accounts to $41,554. amend account no. 726 from $1,250 to $1,000; amend total 1979 budget to $947,500.00. 317G REGULAR MEETING DECEMBER 11, 1978 COMMITTEE OF THE WHOLE MEETING (CONTINUED Council Member Miller made a motion to amend this bill, seconded by Council Member Taylor. The motion carried. Mr. Fred Kahn, chairman of the Century Center Board indicated this budget had been cut by approximately $100,000. He gave a brief presentation on expected revenue for 1979. Council Member Miller indicated that the Century Center Committee had met and this budget was reviewed extensively. He indicated that he, as well as Council Member Szymkowiak, recommended this budget favorable. Council Member Adams made the following amendments: reduce account 120 to $200,000; reduce account 212 to $2,000; reduce account 251 to $5,000; account 410 reduce to $3,000; account 430 reduce to $12,500; account 620 reduce to $20,145; account 630 reduce to $24,875; account 640 reduce to $9,500; account 726 reduce to $1,000; seconded by Council Member Kopczynski. She indicated that with the $5,,000 her amendments cut, this budget was still $120,000 over last year. Council President Parent asked if there would be any staff increases. Mr. Kahn indicated there would not be any increase in staff. Council Member Kopczynski indicat he could not support this bill. He questioned whether or not Council Member Miller could vote on this bill, since he was a member of the Century Center Board of Managers and this could be conflict of interest. Council Members Dombrowski and Horvath indicated they supported Council Member Adams budget cuts. Council Members Parent and Taylor indicated they could not support Council Member ADams' budget cuts. Kathy Cekanski - Farrand, Council Attorney, indicated there was no conflict of interest and that Council Member Miller could vote on this budget. Council Member Adams' motion to amend this bill was defeated by a roll call vote of four ayes and five nays (Council Members Serge, Rzymkowiak, Miller, Taylor and Parent.) Council Member Miller made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Taylor. The motion carried on a roll call vote of five ayes and four nays (Council Members Kocpzynski, Adams, Dombrowski and Horvath.) BILL NO. 225 -78 A BILL TRANSFERRING THE SUM OF $13,275 FROM VARIOUS ACCOUNTS. TO VARIOUS ACCOUNTS WITHIN THE DISCOVERY HALL BUDGET OF THE GENERAL REVENUE SHARING TRUST FUND. This being the time heretofore set for public hearing on the above bill, proponents and opponent: were given an opportunity to be heard. Ms. Marsha Mullins, of Discovery Hall, made.the presenta- tion for the bill. Council Member Adams asked what the $6,000 in Other Contractuals would cover Ms. Mullins was unable to answer the question. She indicated die would go back to the office and find the answer and return. Council Member Adams made a motion to continue public hearing on this bill until the end of the Committee of the Whole, seconded by Council Member Dombrowski. The motion carried. BILL NO. 226 -78 A BILL TRANSFERRING THE SUM OF $462.00 FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN THE HUMAN RIGHTS BUDGET OF THE CITY OF SOUTH BEND, 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. Carl Ellison, Director of Community Development, made the presentation for the bill. He indicated this transfer was necessary for this departmen- to operate for the balance of 1978. Council Member Parent made a motion to recommend this bill to the Council favorable,.seconded by Council Member Adams. The motion carried. BILL NO. 227 -78 A BILL TRANSFERRING THE SUM OF $1,600.00 FROM ACCOUNT NO. 251.0, BUILDINGS AND STRUCTURES REPAIR, TO ACCOUNT NO. 370.0, OTHER SUPPLIES, IN THE AMOUNT OF $1,500.00 ALL ACCOUNTS BEING WITHIN THE BUREAU OF .BUILDING MAINTENANCE 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 opponent: were given an opportunity to be heard. Mr. Joseph Nagy, fiscal officer, made the presentation for the bill. He indicated this transfer was necessary for this department to operate for the balance of 1978. Council Member Dombrowski made a.motion to recommend this bill to the Council favorable, seconded by Council Member Adams. The motion carried. BILL NO. 228 -78 A BILL TRANSFERRING THE SUM OF $1,120 FROM ACCOUNT NO. 130.0, EXTRA AND - OVERTIME, TO ACCOUNT NO. 440. 0,, OTHER MATERIALS, , IN THE AMOUNT OF $1,120. ALL ACCOUNTS BEING WITHIN THE BUREAU OF TRAFFIC AND LIGHTING 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 opponent: were given an opportunity to be heard. Mr. Joseph Nagy, fiscal officer, made the presentation for the bill. He indicated this transfer was necessary in order for this department to operate for the balance of 1978. Council Member Miller made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski; The motion carried. BILL NO. 229 -78 A BILL TRANSFERRING THE SUM OF $500.00 FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN THE ENVIRONMENTAL /ACTION CENTER 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 opponent., were given an opportunity to be heard. Mr. Peter Mullen, City Controller, made the presentation for the bill. He indicated this transfer was necessary in order for this department to operate for the balance of 1978. Council Member Dombrowski made a motion to recommend this bill to the Council favorable, seconded by Council Member Adams. The motion carried. REGULAR MEETING DECEMBER 11, 1978 COMMITTEE OF THE WHOLE MEETING (CONTINUED) BILL NO. 230 -78 A BILL TRANSFERRING THE SUM OF $1,012 FROM ACCOUNT NO. 221.0, ELECTRIC CURRENT, TO ACCOUNT NO. 223.0, HEAT, IN THE AMOUNT OF $991.00 AND TO ACCOUNT NO. 224.0, WATER, IN THE AMOUNT OF $4.00, AND TO ACCOUNT NO. 370.0, OTHER SUPPLIES, IN THE AMOUNT OF $17.00, ALL ACCOUNTS BEING WITHIN THE MORRIS CIVIC AUDITORIUM 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, proponennts and opponent were given an opportunity to be heard. Mr. Joseph Nagy, fiscal officer, made the presentation for the bill. He indicated this transfer was necessary in order for this department to operate for the balance of 1978. Council Member Serge made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 231 -78 A BILL TRANSFERRING THE SUM OF $62,420 FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN THE BUDGET OF THE DEPARTMENT OF ADMINISTRATION AND FINANCE 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. Peter Mullen, City Controller, made the presentation for the bill. He indicated this transfer was necessary in order for this department to operate for the balance of 1978. Council Member Szymkowiak made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 232 -78 A BILL TRANSFERRING THE SUM OF $13,350 FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN THE BUDGET OF THE BUREAU OF SOLID WASTE OF SOLID WASTE 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. Ron Budzinski, fiscal officer, made the presentation for the bill. He indicated this transfer was necessary in order for this department to operate for the balance of 1978. Council Member Serge made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. BILL NO. 233 -78 A BILL TRANSFERRING THE SUM OF $5,000 FROM ACCOUNT NO. 322.0, OIL, TO ACCOUNT NO. 260.0, OTHER CONTRACTUALS, IN THE AMOUNT OF $45.00, AND ACCOUNT NO. 323.0, TIRES AND TUBES, IN THE AMOUNT OF $3,775.00, AND ACCOUNT NO. 324.0, OTHER GARAGE AND MOTOR IN THE AMOUNT OF $180.00, ALL ACCOUNTS BEING WITHIN THE LOCAL ROAD AND STREET SPECIAL DISTRIBUTION FUND OF THE CITY OF SOUTH BEND, INDIANA, TO BE ADMINISTERED BY THE DEPARTMENT OF PUBLIC WORKS. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Joseph Nagy, fiscal officer, made the presentation for the bill. He indicated this transfer was necessary in order for this department to operate for the balance of 1978. Council Member Dombrowski made a motion to recommend this bill to the Council favorable, seconded by Council Member Szymkowiak. The motion carried. BILL NO. 234 -78 A BILL TRANSFERRING THE SUM OF $69,000 FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN THE BUDGET OF THE BUREAU OF WATER WORKS OF THE WATER WORKS 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..Ron Budzinski, fiscal officer, asked that this bill be amended by increasing the total transfer to $117,000, and decreasing account 110 by $117,000 and increasing account 1.20, Salaries and Wages, Temporary by $37,000, and account 130, Extra and Overtime by $11,000. Council Member Miller made a motion to amend this bill, seconded by Council Member Dombrowski. The motion carried. Council Member Dombrowski made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Szymkowiak. The motion carried. BILL NO. 235 -78 A BILL TRANSFERRING TO VARIOUS ACCOUNTS WATER OF THE SEWAGE BEND, INDIANA. THE SUM OF $32,000 FROM VARIOUS ACCOUNTS WITHIN THE BUDGET OF THE BUREAU OF WASTE - WORKS GENERAL FUND OF THE CITY OF SOUTH This being the time heretofore set for public hearing on the above bill, proponents and opponents) were given an opportunity to be heard. Mr. Ron Budzinski, fiscal officer, made the presentation for the bill. He asked that this bill be amended to $89,000, increasing account 110.0, Salaries and Wages Regular to $57,000 and account 350.0 Chemicals to $19,500 for a total of $89,000, and adding account 130, Extra and Overtime, in the amount of $57,000, to the accounts being increased Council Member Miller made a motion to amend this bill, seconded by Council Member Taylor. The motion carried. Council Member Taylor made a motion to:.recommend this bill to the Council favorable, as amended, seconded by Council Member Szymkowiak. The motion carried. REGULAR MEETING DECEMBER 11 1978 COMMITTEE OF THE WHOLE MEETING (CONTINUED BILL NO. 236 -78 A BILL TRANSFERRING THE SUM OF $47,600 FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN THE POLICE DEPARTMENT 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 opponent: were given an opportunity to be heard. Division Chief Glenn Terry, made the presentation for the bill. He asked that this bill be amended to $47,000. He asked for an increase in account no. 212.0, Postage to $200, a decrease in account 252.0 Equipment Repair to $5,100, eliminate account 323.0, Tires and Tubes in the amount of $1,000 and increase account 370.0 Other Supplies to $6,150. Council Member Miller made a motion to amend this bill, seconded by Council Member Taylor. The motion carried. Council Member Serge made a motion to recommend this bill to the Council favorable, as amended, seconded by Council President Parent. The motion carried. BILL NO. 237 -78 A BILL TRANSFERRING THE SUM OF $28,700 FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN THE BUDGET OF THE BUREAU OF SEWERS OF THE SEWAGE WORKS GENERAL FUND OF THE CITY OF SOUTH BEND, 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. Ron Budzinski, fiscal officer, made the presentation for the bill. He asked that this bill be amended to $59,700, and add account no. 130.0 Extra and Overtime, in the amount of $31,000. Council Member Miller made a motion to amend this bill, seconded by Council Member Szymkowiak. The motion carried. Council Member Miller made a motion to recommend this bill to theCouncil favorable, as amended, seconded by Council Member Dombrowsk: The motion carried. BILL NO. 238 -78 A BILL AMENDING CHAPTER 2, ARTICLE 15, DIVISION 3 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, COMMONLY KNOWN AS A MERIT SYSTEM OF PROMOTIONS FOR 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. Kathy Cekanski - Farrand, Council Attorney, made the pre- sentation for the bill. She indicated that this bill will delete the written competivitive examination, the situational testing, and the percentage groupings. She indicated that the Merit Board proposed the substitution of performance evaluations, promotional potentials and oral interviews. Council Member Taylor indicated that this proposed amendment reflected many hours of hard work and deliberation by the Police Merit Board. He indicated that this issue has always received bi- partisan support from the Council. He said this Council has been on record three times with a nine -zero vote. He asked for the continued support of the Police Merit.System. Mr. Dick Albright, president of-the Police Merit Board, spoke in favor of this bill. He indicated this proposed bill fits the South Bend Police Department better than the original ordinance. Terry Bensley, President,of the F.O.P., indicated the lodge was totally against this amendment. Mr. John Cimino, Police Merit Board Coordinator, spoke in favor of this bill. Council Member Serge indicated he was against this bill. Council President Parent indicated this amendment would make the plan more workable. He said he supported this amendment Council Member Adams spoke against this amendment. Council Member Kopczynski made a motion to recommend this bill to the Council unfavorable, seconded by Council Member Adams. The motion carried on a roll call vote of six ayes and three nays•(Council Members Miller, Taylor and Parent.) BILL NO. 225 -78 A BILL TRANSFERRING THE SUM OF $13,275 FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN THE DISCOVERY.HALL BUDGET OF.THE GENERAL REVENUE SHARING RUST FUND OF THE CITY OF SOUTH BEND, INDIANA (CONTINUED FROM EARLIER IN THE MEETING.) Ms. Marsha Mullins indicated that the $6,000 being transferred to Other Contractuals would be used to pay two months rent on the annex, and to install a' humidifier system in Discovery Hall. Council Member Dombrowski made a motion to recommend this bill to the Council favorable, seconder by Council Member Adams. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Kocpzynski made a motion to rise and report to the Council and recess, seconded by Council Membe= Dombrowski. The motion carried and the meeting was recessed at 9:15 p.m. ATTEST: City Clerk REGULAR MEETING RECONVENED ATTEST: Chairman Be it remembered that the regular meeting of the Common Council of the City of South reconvened in the Council Chambers on the fourth floor of the County -City Building at Council President Parent presiding and nine members present. 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, INDIANA (CHAPTER 21, MUNICIPAL CODE) (JEFFERSON BLVD. AND 34TH STREET.) Bend 9:35 p.m., Council Member Aeams made a motion to defeat this bill, seconded by Council Member Kopczynski. The bill was defeated by a roll call vote of nine ayes. REGULAR MEETING - DECEMBER 11, 1978 REGULAR MEETING RECONVENED (CONTINUED ORDINANCE NO. 6512 -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) (PART OF WEST NORTH SHORE DRI,VE.) This bill had second reading. Council Member Adams made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Dombrowski. The motion carried. Council Member Adams made a motion to pass this bill, as amended, seconded by CouncilMember Dombrowski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6513 -78 AN ORDINANCE AMENDING SECTION 4 -3 OF CHAPTER 4, AMUSEMENTS, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA. This bill had secone reading. Council Member Dombrowski 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 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. BILL NO. 219 -78 A BILL APPROPRIATING $13,300.00 FROM THE COMMUNITY DEVELOP - MENT BLOCK GRANT FUND FOR AN EQUAL OPPORTUNITY HOUSING AUDIT TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DIVISION OF COMMUNITY DEVELOPMENT AND THE SOUTH BEND HUMAN RIGHTS COMMISSION. This bill had second reading. Council Member Adams made a motion to defeat this bill, seconded by Council Member Dombrowski. The motion carried on a roll call vote of six ayes and three nays (Council Members Miller, Taylor and Parent.) ORDINANCE NO. 6514 -78 AN ORDINANCE TRANSFERRING THE SUM 77 -605 (FIRE TRUCK) TO CD PROGRAM IN THE AMOUNT OF $3,072.00. BOTH WITHIN THE DEPARTMENT OF PUBLIC W1 COMMUNITY DEVELOPMENT BLOCK GRANT INDIANA. OF $3,072 FROM CD PROGRAM 77 -605 (FIRE STATION) COST CATEGORIES BEING )RKS BUDGET FROM THE 1977 OF THE CITY OF SOUTH BEND, This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Dombrowski. The motion carried on a roll call vote of nine ayes. ORDINANCE NO. 6515 -78 AN ORDINANCE APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE OPERATING EXPENSES OF CENTURY CENTER OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1979, AND ENDING DECEMBER 31, 1979, INCLUDING CLAIMS AND OBLIGATIONS AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This bill had second reading. Council Member Miller made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Taylor. The motion carried. Council Member Miller made a motion to pass this bill, as amended, seconded by Council Member Taylor. The bill passed by a roll call vote of five ayes and four nays (Council Members Kocpzynski, Adams Dombrowski and Horvath.) ORDINANCE NO. 6516 -78 AN ORDINANCE TRANSFERRING THE SUM OF $13,275 FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN THE DISCOVERY HALL BUDGET OF THE GENERAL REVENUE SHARING TRUST FUND OF THE CITY OF SOUTH BEND, INDIANA. This bill had second reading. Council Member Dombrowski made a motion to pass this bill, seconded by Council Member Szymkowiak. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6517 -78 AN ORDINANCE TRANSFERRING THE SUM OF $462.00 FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN THE HUMAN RIGHTS BUDGET OF THE HUMAN RIGHTS FUND OF THE CITY OF SOUTH BEND, INDIANA. 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. 6518 -78 AN ORDINANCE TRANSFERRING THE SUM OF $1,600 FROM ACCOUNT NO. 251.0 BUILDINGS AND STRUCUTURES REPAIR, TO ACCOUNT NO. 370.0 OTHER SUPPLIES, IN THE AMOUNT OF $1,600.00, ALL ACCOUNTS BEING WITHIN THE BUREAU OF BUILDING MAINTENANCE 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. 6519 -78 AN ORDINANCE TRANSFERRING THE SUM OF $1,120 FROM ACCOUNT NO. 130.0, EXTRA AND OVERTIME, TO ACCOUNT NO. 440.0, OTHER MATERIALS, IN THE AMOUNT OF $1,120, ALL ACCOUNTS BEING WITHIN THE BUREAU OF TRAFFIC AND LIGHTING BUDGET OF THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. 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. REGULAR MEETING DECEMBER 11, 1978 REGULAR MEETING RECONVENED (CONTINUED ORDINANCE NO. 6520 -78 AN ORDINANCE TRANSFERRING THE SUM OF $500.00 FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN THE ENVIRONMENTAL /ACTION CENTER 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. 6521 -78 AN ORDINANCE TRANSFERRING THE SUM-OF $1,012 FROM ACCOUNT NO. 221.0, ELECTRIC CURRENT, TO ACCOUNT NO. 223.0, HEAT, IN THE AMOUNT OF $991.00, AND TO ACCOUNT NO. 224.0, WATER, IN THE AMOUNT OF $4.00 AND TO ACCOUNT NO. 370.0, OTHER SUPPLIES, IN THE AMOUNT OF $17.00, ALL ACCOUNTS BEING WITHIN THE MORRIS CIVIC AUDITORIUM BUDGET OF THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. 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. 6522 -78 AN ORDINANCE TRANSFERRING THE SUM OF.$62,420.FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN THE BUDGET OF THE DEPARTMENT OF ADMINISTRATION AND FINANCE OF THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. This bill had second reading. Council Member Taylor made a motion to pass this bill, seconded b3 Council Member Serge. The bill passed by a roll call vote of eight ayes and one nay (Council Member Kopzynski.) ORDINANCE NO. 6523 -78 AN ORDINANCE TRANSFERRING THE SUM OF $13,350 FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN THE BUDGET OF THE BUREAU OF SOLID WASTE OF SOLID WASTE FUND OF THE CITY OF SOUTH BEND, INDIANA. 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. 6524 -78 AN ORDINANCE TRANSFERRING THE SUM OF $4,000 FROM ACCOUNT NO. 322.0, OIL, TO ACCOUNT NO. 260.0, OTHER CONTRACTUALS, IN THE AMOUNT OF $45.00, AND ACCOUNT NO.. 323.0, TIRES AND TUBES, IN THE AMOUNT OF $3,775.00 AND ACCOUNT 324.0, other garage and motor, in the amount of $180.00, ALL ACCOUNTS BEING WITHIN THE LOCAL ROAD AND STREET SPECIAL DISTRIBUTION FUND OF THE CITY OF SOUTH BEND, INDIANA, TO BE ADMINISTERED BY THE DEPARTMENT OF PUBLIC WORKS. 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. 6525 -78 AN ORDINANCE TRANSFERRING THE SUM OF $117,000 FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN THE BUDGET OF THE BUREAU OF WATER WORKS OF THE SEWAGE WORKS GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. This bill had second reading. Council Member Serge made a motion to amend this 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 this bill, as amended, seconded by Council Member Dombrowski. The bill passed by a roll call vote of seven ayes and two nays (Council Members Adams and Kopczynski.) ORDINANCE NO. 6526 -78 AN ORDINANCE TRANSFERRING THE SUM OF $89,000 FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN THE BUDGET OF THE BUREAU OF WASTEWATER OF THE SEWAGE WORKS GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. This bill had second reading. Council Member Adams made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Dombrowski. The motion carried. Council Member Serge 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. 6527 -78 AN ORDINANCE TRANSFERRING THE SUM OF $47,000 FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN THE POLICE DEPARTMENT BUDGET OF THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. This bill had second reading. Council Member Adams made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Dombrowski. The motion carried. Council Member Serge made a motion to pass this bill, as amended, seconded by Council Member Dombrowski. The bill passed by a roll call-vote of eight ayes and one nay (Council Member Kopczynski.) ,h REGULAR MEETING DECEMBER 11, 1978 REGULAR MEETING RECONVENED (CONTINUED ORDINANCE NO. 6528 -78 AN ORDINANCE TRANSFERRING THE SUM OF $59,700 FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN THE BUDGET OF THE BUREAU OF SEWERS OF THE SEWAGE WORKS GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. This bill had second reading. Council Member Adams made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Dombrowski. The motion carried. Council Member Serge made a motion to pass this bill, as amended, seconded by Council Member Dombrowski. The motion carried on a roll call vote of nine ayes. BILL NO. 238 -78 AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 15, DIVISION 3 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, COMMONLY KNOWN AS A MERIT SYSTEM OF PROMOTIONS FOR THE POLICE DEPARTMENT. This bill had second reading. Council Member Kopczynski made a motion to defeat this bill, seconded by Council Member Dombrowski. The bill was defeated by a roll call vote of six ayes and three nays (Council Members Miller, Taylor and Parent.) RESOLUTIONS RESOLUTION A RESOLUTION AUTHORIZING THE DISPOSAL OF EXCESS CITY PROPERTY TO ADJACENT PROPERTY OWNERS FOR ONE DOLLAR ($1.00.) A public hearing was held at this time on this resolution. Mr. Peter Mullen, City Controller, indicated this resolution would authorize the Board of Public Works to dispose of the parcels of property contained in the list attached to the resolution. He said this property would be sold adjacent property owners for $1.00. He said the list of properties has been submitted to those City agencies which may have an interest in the retention of such property for their approval. He said in the event there are two adjacent property owners want a parcel that is available, the parcel would be divided equally. Council Member Se -ge made a motion to adopt this resolution, seconded by Council Member Dombrowski. Council Member Kopczynski indicated that perhpas the City should not sell some of this property, as it could be used for off - street parking and widening of streets. Council Member Serge withdrew his motion. Council Member Adams made a motion to continue public hearing on this resolution until the next meeting and refer it to the Public Works Committee, seconded by Council Member Kopczynski. The motion carrie RESOLUTION NO. 664 -78 A RESOLUTION TO APPROVE THE AGREEMENT BETWEEN THE CITY OF SOUTH BEND AND PRENCO COMPANY FOR THE OPERATION OF THE SOLUBLE WASTE DISPOSAL FACILITY AT THE WASTEWATER TREATMENT PLANT. PURPOSE AND INTENT The purpose and intent of the Resolution is to approve the agreement between the City of South Bend acting through its Board of Works and Board of Wastewater Commissioners and the Prenco Company for the operation of the soluble waste disposal facility at the Wastewater Treatment Plant. This facility has not been in operation for a couple of years and the agreement provides for Prenco Company to make the necessary capital investments to put the facility back in working order in exchange for being allowed.to operate the facility. NOW THEREFORE BE IT RESOLVED, by the Common Council of the City of South Bend: SECTION I. That the agreement entered into between the City of South Bend acting through its Board of Works and Board of Wastewater Commissioners and the Prenco Company on December 4, 1978, a copy of which is attached hereto made a part hereof, is hereby approved. SECTION II. This resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. /s /Roger 0. Parent Member of the Common Council A public hearing was held at this time on this resolution. Mr. Patrick McMahon, Director of Public Works, indicated this agreement provides for Prenco to make the necessary capital investments to put.the facility in working order in exchange for being allowed to operate the facility. He said this lease was for a ten year period. Council Member Serge made a motion to adopt this resolution, seconded by Council Member Miller. The resolution was adopted by a roll call vote of nine ayes. Sf • $,Js. 3 1114 RESOLUTION NO. 666 -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 COMMUNITY 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 Council; and WHEREAS, low bids for the electrical rehabilitation work under the Community Development Housing Program have exceeded $5,000.00. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City 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 Co. for the electrical rehabilitation • REGULAR MEETING DECEMBER 11, 1978 REGULAR MEETING RECONVENED (CONTINUED) Lot #53 -54 H. Studebakers lst 1614 So. Fellows $ 840.00 Lot #38 Southeast lst 1009 E. Milton 455.00 Lot #116 Haneys 237 E. Indiana Ave. 1,080.00 Lot #117 Haneys 241 E. Indiana Ave. 1,165.00 Lot #61 Wengers Kreigbaums 2nd 1502 Virginia 470.00 Lot #55 -56 Oak Park lst 1615 S. High St. 505.00 Lot #6 Southeast lst 1014 E. Dayton 1,175.00 237 E. Indiana Ave. 1,200.00 Lot #117 Haneys 241 E. Indiana Ave. TOTAL $5,690.00 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 /Mary Christine ADams Member of the Common Council RESOLUTION NO. 667 -79 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH 1. That this resolution shall be in full force and effect from and afters its adoption by the Common Council and its approval by the Mayor of the City of South Bend, Indiana. /s /Mary Christine Adams. Member of the Common Council RESOLUTION NO. 668 -78 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING THE AWARD OF ONE NON- PROFIT GROUP CONTRACT IN EXCESS OF $5,000.00 FOR THE REHABILITA- TION WORK IN THE COMMUNITY DEVELOPMENT PROGRAM. WHEREAS, under the provisions of Ordinance No. 5872 -75, passed by the Common Council on August 11, 1975, all contracts in excess of $5,000.00 must be approved by the Common Council; and WHEREAS, the rehabilitation work under the Community Development Program has exceeded $5,000.00. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City 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 Renew, Incorporated, for the rehabilitation work on the following property: Lot #12 Wall & Hienes Sub BOL /90 1010 W. Jefferson $7,669.82 Total 7,669.82 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 /Mary Christine Adams Member of the Common Council BEND, INDIANA, APPROVING THE AWARD OF ONE CONTRACT IN EXCESS OF $5,000.00 FOR THE HEATING REHABILITATION WORK IN THE COMMUNITY 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 Council; and WHEREAS, low bids for the heating rehabilitation work under the Community Development Housing Program have exceeded $5,000.00. 1. That approval be granted to the Redevelopment Commission of the City of South Bend, Indiana, to enter into a contract with the Owens.Heating Co., for the heating rehabilitation work on the following properties: Lot #53 -54 H. Studebaker lst 1614 S. Fellows St. $1,100.00 Lot #116 Haneys 237 E. Indiana Ave. 1,200.00 Lot #117 Haneys 241 E. Indiana Ave. 1,395.00 Lot #61 Wenger Kreigbaums 2nd 1502 Vriginia 70.00 Lot #1085 3rd Plat Summit Place 741 S. Kaley St. 1,050.00 Lot #6 Southeast lst 1014 E. Dayton St. 1,250.00 TOTAL $6,065.00 1. That this resolution shall be in full force and effect from and afters its adoption by the Common Council and its approval by the Mayor of the City of South Bend, Indiana. /s /Mary Christine Adams. Member of the Common Council RESOLUTION NO. 668 -78 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING THE AWARD OF ONE NON- PROFIT GROUP CONTRACT IN EXCESS OF $5,000.00 FOR THE REHABILITA- TION WORK IN THE COMMUNITY DEVELOPMENT PROGRAM. WHEREAS, under the provisions of Ordinance No. 5872 -75, passed by the Common Council on August 11, 1975, all contracts in excess of $5,000.00 must be approved by the Common Council; and WHEREAS, the rehabilitation work under the Community Development Program has exceeded $5,000.00. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City 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 Renew, Incorporated, for the rehabilitation work on the following property: Lot #12 Wall & Hienes Sub BOL /90 1010 W. Jefferson $7,669.82 Total 7,669.82 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 /Mary Christine Adams Member of the Common Council RESOLUTION NO. 665 -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 GENERAL REHABILITATION WORK IN THE COMMUNITY DEVELOPMENT PROGRAM. 381A 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 Council; and WHEREAS, low bids for the general rehabilitation work under the Community Develop- ment Housing Program have exceeded $5,000.00. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City 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 Jurtin's Construction Co. for the general rehabilitation work on the following properties: Lot #53 -54 H. Studebaker lst 1614 So. Fellows $6,424.00 Lot #38 Southeast lst 1009 E. Milton 875.00 Lot #116 Haneys 237 E. Indiana Ave. 5,043.00 Lot #117 Haneys 241 E. Indiana Ave. 3,464.00 Lot #61 Wengers Kreigbaums 2nd 1502 Virginia 3,673.00 Lot #55 -56 Oak Park lst 1615 So. High St. 856.00 Lot #61 Southeast 1st 824 E. Milton 9-65.00 Lot #37 Bowman's 3rd 216 E. Calvert St. 1,224.00 Lot #1085 3rd Plat Summit Place 741 S. Kaley St. 9,648.00 Lot #6 Southeast lst 1014 E. Dayton 5-,667.00 TOTAL $37,839.00 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/ Mary Christine Adams Member of the Common Council �83 REGULAR MEETING DECEMBER 11, 1978 REGULAR MEETING RECONVENED (CONTINUED) RESOLUTION NO. 669 -78 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,.INDIANA APPROVING THE AWARD OF ONE NON- PROFIT GROUP CONTRACT IN EXCESS OF $5,000.00 FOR THE REHABILITATION WORK IN THE COMMUNITY DEVELOP - MENT 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 Council; and WHEREAS, the rehabilitation work under the Community Development Program has exceeded $5,000.00. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City 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 Grace A.M.E. Zion Church,for the rehabilitation work on the following property: Lot #176 Muessel Third 111 N. Blaine $8,000.00 Total $8,000.00 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 /Mary Christine Adams Member of the Common Council A publichearing was held on these resolutions at this time. Mr. James Harcus, Director of the Bureau of Housing, indicated that these resolutions would allow the Bureau to continue with their rehabilitation work. Council Member Adams questioned some of the expenditures in this program. Council Member Serge made a motion to adopt Resolution No. 665 -78, seconded by Council Member Miller. The resolution was adopted by a roll call vote of eight ayes and one nay (Council Member Adams.) Council Member Serge made a motion to adopt Resolution No. 666 -78, seconded by Council Member Miller. The resolution was adopted by a roll call vote of nine ayes. Council Member Serge made a motion to adopt Resolution No. 667 -78, seconded by Council Member Adams. The resolution was adopted by a roll call vote of nine ayes. Council Member Szymkowiak made a motion to adopt Resolution No. 668 -78, seconded by Council Member Serge. The resolution was adopted by a roll call vote of nine ayes. Council Member Szymkowiak made a motion to adopt Resolution No. 669 -78, seconded by Council Member Serge. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 670 -78 A RESOLUTION TRANSFERRING FROM ACCOUNT NO. 0213.0 TRAVEL EXPENSE TO ACCOUNT 262.0 MEDICAL, SURGICAL, DENTAL. BOTH ACCOUNTS ARE IN THE FIRE DEPARTMENT BUDGET OF THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. WHEREAS, certain extraordinary conditions have developed since the adoption of the existing annual budget so that it is now necessary to transfer money from one account to another in the annual budget to allow the Fire Department to fulfull its functions, and WHEREAS, it has been ascertained that a certain account in the Fire Depa - tment's budget. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana: SECTION I. to -wit: Account 0213.0 SECTION II. to -wit: 262.0 That the following account be reduced in the amount set opposite said account, Description Travel Expense Amount $400.00 That the following account be increased in the amount set opposite said accoun Medical, Surgical, Dental $400.00 That the transfer of funds as set:brth in Section I and Section II are necessary for the proper and efficient operation and functioning of the Fire Department. An extraordinary emergency is declared to exist concerning the foregoing transfer, and it is in the best interest to do so. SECTION III. This resolution shall be in full force and effect from andafter its passage by the Common Council of the City of South Bend. /s /Mary Christine Adams Member of the Common Council A public hearing was held on this resolution at this time. Assistant Chief Daniel Mirocha, in- dicated this transfer was necessary to pay medical bills for a firefighter who was injured earlier this year. Council Member Miller made a motion to adopt this resolution, seconded by Council Member Taylor. The resolution was. adopted by 4 roll call vote of nine ayes. REGULAR MEETING DECEMBER 1 1 , 1Q78 REGULAR MEETING RECONVENED (CONTINUED) RESOLUTION NO. 671 -78 A RESOLUTION AUTHORIZING THE CONTROLLER OF THE CITY OF SOUTH BEND, INDIANA TO INVEST CERTAIN IDLE FUNDS DURING THE YEAR 1979 IN ACCORDANCE WITH INDIANA CODE 5 -13 -1 and 5 -13 -2. WHEREAS, there are certain idle funds of the Civil City of South Bend which may be in- vested for periods of time without affecting the operations of the various department of the City and; WHEREAS, Indiana Code 5 -13 -1 and 5 -13 -2 enables the Controller to invest such idle funds with the approval of the Common Council. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana: SECTION I. That during the calendar year 1979, the Controller invest certain idle funds of the Civil City of South Bend for such periods of time that he determines are not needed for the mrmal operations of the various departments of Civil City. SECTION II. 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 /Mary Christine Adams Member of the Common Council A public hearing was held on this resolution at this time. Mr. Peter Mullen, City Controller, indicated this resolution would allow him to invest idle City funds. Council Member Miller made a motion to adopt this resolution, seconded by Council Member Taylor. The motion carried. BILLS. FIRST READING ORDINANCE NO. 6529 -78 AN ORDINANCE APPROVING THE FORM AND TERMS OF LOAN AGREEMENT, MORTGAGE AND TRUST INDENTURE AND INDUSTRIAL DEVELOPMENT REVE- NUE BONDS, AND AUTHORIZING THE.EXECUTION THEREOF PERTAINING TO F & F REALTY, AN INDIANA PARTNERSHIP. 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, as well as 10B on the agenda, seconded by Council Member Kopczynski. The motion passed 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 Develop- ment Commission, made the presentation for the bill. He indicated this $300,000 bond issue would be used for the acquisition of land and construction of a facility to be leased to K &F Manufacturing, Inc., in the Industrial Park in Granger. He said this facility will initially employ approximately fifteen new employees. 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. 6530 -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 DENTAL ARTS BUILDING PARTNERSHIP. 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 Develop- ment Commission, made the presentation for the bill. He indicated this $900,000 bond issue would be used for land acquisition and construction of a new building and 'equipment to be located at 213 N. Notre Dame. He said this facility will employ approximately eleven new persons with a yearly payroll of approximately $147,600. 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. BILL NO. 241 -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) (SCOTTSDALE ADDITION.) This bill had first reading. Council Member Adams made a motion to refer this bill and petition to Area Plan, seconded by Council Member Dombrowski. The motion carried. BILL NO. 242 -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) (107 S. GREENLAWN.) This bill had first reading. Council Member Adams made a motion to refer this bill and petition to Area Plan, seconded by Council Member Dombrowski. The motion carried. BILL NO. 243 -78 A BILL APPROPRIATING $200,000.00 FROM THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING GRANT FOR VARIOUS PROGRAMS TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH'THE DEPARTMENT OF ADMINISTRATION AND FINANCE. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading January 8, 1979, seconded by Council Member Dombrowski. The motion carried. Is REGULAR MEETING DECEMBER 11 1979 REGULAR MEETING RECONVENED (CONTINUED BILL NO. 244 -78 A BILL APPROPRIATING $290,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY KNOWN AS GENERAL REVENUE SHARING, FOR THE OPERATION OF CENTURY CENTER, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE CENTURY CENTER BOARD OF MANAGERS. 0"85 This bill had first reading. Council Member Miller made a motion to set this bill for public hearing and second reading January 8, 1979, seconded by Council Member Dombrowski. The motion carried. BILL NO. 245 -78 A BILL APPROPRIATING $60,000.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY KNOWN AS GENERAL REVENUE SHARING, FOR THE OPERATION OF THE YOUTH SERVICE BUREAU, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF ADMINISTRATION AND FINANCE. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading January 8, 1979, seconded by Council Member Dombrowski. The motion carried. BILL NO. 246 -78 A BILL APPROPRIATING $28,636.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS LAW ENFORCEMENT PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF LAW. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading January 8, 1979, seconded by Council Member Dombrowski. The motion carried. BILL NO. 247 -78 A BILL APPROPRIATING $51,125.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR THE RIVER BEND PLAZA, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE DEPARTMENT OF ADMINISTRATION AND FINANCE. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading January 8, 1979, seconded by Council Member Dombrowski. The motion carried. BILL NO. 248 -78 A BILL APPROPRIATING $110,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY KNOWN AS GENERAL REVENUE SHARING, FOR OPERATING THE DISCOVERY HALL PORTION OF CENTURY CENTER FOR THE CALENDAR YEAR 1979, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE DEPARTMENT OF ADMINISTRATION AND FINANCE. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading January 8, 1979, seconded by Council Member Dombrowski. The motion carried. BILL NO. 249 -78 A BILL APPROPRIATING $57,450.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING FOR VARIOUS PUBLIC SAFETY PROGRAMS TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE DEPARTMENT.OF ADMINISTRATION AND FINANCE. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading January 8, 1979, seconded by Council Member Dombrowski. The motion carried. BILL NO. 250 -78 A BILL APPROPRIATING $30,582.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR OPERATING THE CODE ENFORCEMENT PROGRAM FOR.THE CALENDAR YEAR 1979, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH THE DEPARTMENT OF ADMINISTRATION AND FINANCE. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading January 8, 1979, seconded by Council Member Dombrowski. The motion carried. BILL NO. 251 -78 A BILL APPROPRIATING $60,089 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR THE MAYOR'S ENVIRONMENTAL/ ACTION CENTER TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF ADMINISTRA- TION AND FINANCE. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading January 8, 1979, seconded by Council Member Dombrowski. The motion carried. REGULAR MEETING DECEMBER 11, 1978 REGULAR MEETING RECONVENED (CONTINUED ORDINANCE NO. 6531 -78 A BILL TRANSFERRING THE SUM OF $560.00 FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN THE HUMAN RIGHTS BUDGET OF THE HUMAN RIGHTS FEDERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Adams made a motion to suspend the rules and have public hearing andsecond reading on this bill, seconded by Council Member Kopczynski. 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. Carl Ellison, Director of Human Resources, made the presentation for the bill. He in- dicated this transfer was necessary for the operation of the Department for the balance of this year. 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. BILL NO. 253 -78 A BILL APPROPRIATING $5,500.00 FROM THE DISCOVERY HALL FUND OF THE CITY OF SOUTH BEND, INDIANA, FOR RENTAL OF STORAGE SPACE FOR THE STUDEBAKER COLLECTION TO BE AD- MINISTERED BY THE DEPARTMENT OF ADMINISTRATION AND FINANCE. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading January 8, 1979, seconded by Council Member Dombrowski. The motion carried. ORDINANCE NO. 6532 -78 AN ORDINANCE TRANSFERRING $30,828.64 FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN THE MOTOR VEHICLE HIGHWAY SPECIAL DISTRIBUTION BUDGET OF THE MOTOR VEHICLE HIGHWAY SPECIAL DISTRIBUTION FUND OF THE CITY OF SOUTH BEND, INDIANA. This bill had first reading. Council Member Adams made a motion to 'suspend the rules and have public hearing and second reading, 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. Joseph Nagy, fiscal officer, indicated this transfer was necessary in order for this department to operate for the balance of the year. Council Member Miller made a motion to pass this bill, seconded by Council Member Szymkowiak. The bill passed by a roll call vote of nine ayes. BILL NO. 255 -78 A BILL OF DETERMINATION FOR SALE OF CERTAIN REAL ESTATE OWNED BY THE CITY OF SOUTH BEND FOR PARK PURPOSES. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading January 8, 1979, seconded by Council Member Dombrowski. The motion carried. UNFINISHED BUSINESS Council President Parent indicated that the following bills should be stricken from the record. BILL NO. 139 -77 A BILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (3101 S. MICHIGAN ST.) BILL NO. 145 -77 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 (ODD FELOWS BLDG.) BILL NO. 164 -77 BILL NO. 28 -78 A BILL AMENDING ORDIAANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (229 E. IRELAND ROAD.) A BILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONINGORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (SOUTHEAST CORNER OF PORTAGE AVENUE AND THE INDIANA TOLL ROAD RIGHT -OF -WAY.) Council M -mber Miller made a motion to.strike these bills from the record, seconded by Council Member Horvath. The motion carried. There being no further business to come before the Council, unfinished or new, Council Member Adams made a motion to adourn, seconded by Council Member Dombrowski. The motion carried and the meeting was adjourned at 10:40 p.m. ATTEST: APPROVED: CITY CLERK PRESID 7 0