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HomeMy WebLinkAbout01-08-79 Council Meeting MinutesREGULAR MEETING JANUARY 8, 1979 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, January 22, 1979, at 7:00 p.m. Council President Parent presiding. The meeting was called to order, and the Pledge to the Flag was given. ROLL CALL PRESENT: Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent ABSENT: None REPORT FROM THE SUB - COMMITTEE ON MINUTES To the Common Council of the City of South Bend: Your sub - committee on the inspection and supervision of the minutes would respectfully report that it has inspected the minutes of the December 1.1,197-8 meeting of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. /s /Roger Parent /s/ Mary Christine Adams Council Member Serge made a motion that the minutes of the December 11, 1978 meeting of the Council be accepted and placed on file, seconded by Council Member Dombrowski. The motion carried. SPECIAL BUSINESS Mayor. Nemeth paid special- tribute to Councilman Walter Szymkowiak for his fifteen years on the Council. He presented Councilman Szymkowiak with a key to the City. Council President Parent indicated that the Council committees would remain the same as 1978, insofar as members and chairmen. Council Member Dombrowski made a motion to continue the two special committees, Older Adults and Century Center, seconded by Council Member Adams. The motion carried. Council President Parent said the chairmen and members would remain the same on these committees. 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, January 8, 1979, at 7:06 p.m., with nine members present. Chairman Frank Horvath presiding. 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 being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Division Chief, Glenn Terry, made the presentation for the bill. He indicated this appropriation would be used to purchase thirty -five patrol units. Council Member Adams made a motion that Section II of this bill read "The motor equipment pur- chased through this appropriation shall be assigned to the Uniform Division of the Police Depart- ment for the year 1979, seconded by Council Member Kopczynski. Council Member Miller indicated he felt that the assignment of police cars was an administration matter. Mayor Nemeth indicated that this was an administrative matter. The motion failed. Council Member Taylor made a motion to recommend this bill to the Council favorable, seconded by Council Member Miller. The motion carried. 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. This being the time heretofore set for public hearing on the above bill, proponents and opponents were givlen an opportunity to be heard. Mr. Peter Mullen, City Controller, made the presentation for the bill. He said this appropriation would be used to pay utility expenses at Century Center during 1979. Council Member Kopczynski asked if the building could be selectively heated. Mr. McMahon, Director of Public Works, indicated he thought the system was broken down into twelve different zones. Mr. Brian Hedman, Director of Century Center, indicated that when any part of the building was not in use, a minimum temperature was maintained. Council Member Taylor made a motion to recommend this bill to the Council favorable, seconded by Council Member Serge. 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 OPERA- TION OF THE YOUTH SERVICE BUREAU, TO BE ADMINISTERED THROUGH 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. Ms. Bonnie Strycker, Director of the Youth Service Bureau, made the presentation for the bill. She indicated this appropriation would be used for salaries, fringes and office rent for a portion of the Bureau personnel during 1979. Council Member Miller made a motion to recommend this bill to the Council favorable, seconded by Council President Parent. 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 being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Jim Masters, Assistant City Attorney, made the pre- sentation for the bill. REGULAR MEETING JANUARY 8, 1979 COMMITTEE OF THE WHOLE MEETING (CONTINUED) He indicated this appropriation would continue funding the legal intern program, as well as the salary of one deputy city attorney. Council Member Szymkowiak made a motion to recommend this bill to the Council favorable, seconded by Council Member Miller. 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 being the time heretofore set for public hearing on the above bill, proponents and opponent. were given an opportunity to be.heard. Mr. James Seitz, Superintendent.'of. Parks, made the pre- sentation for the bill. He indicated this appropriation would fund the budget for the River Bend Plaza and Green Belt Area. Council Member Serge made a motion to recommend this bill to the Council favorable, 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 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 appropriation represented the 1979 operating budget of Discover` Hall. Council Member Serge made.a mtoion to recommend this bill to the Council favorable, seconded by Council Member Szymkowiak. 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 being the time heretofore set for public hearing on the above bill, proponents and opponent., were given an opporutnity to be heard. Mr. Peter Mullen, City Controller, made the presentation for the bill. He indicated this appropriation was for contractual services to the Humane Society for animal control. Council Member Adams made a motion to recommend this bill to the Col favorable, 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 GY THE CITY OF SOUTH BEND THROUGH THE DEPARTMENT OF ADMINISTRATION AND FINANCE. This being the time heretofore set for public hearing on the above bill, proponents and opponent: were given an opportunity to be heard. Mr. Peter Mullen, City Controller, made the presentation for the bill. He indicated this appropriation would be used to fund the Code Enforcement Hearing Officer's budget for 1979. Council Member Adams made a motion to recommend this bill to the Council favorable, 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 FOR MAYOR'S ENVIRONMENTAL /ACTION CENTER TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF ADMINISTRA- TION AND FINANCE. This being the time heretofore set for public hearing on the above bill, proponents and opponent! were given an opportunity to be heard. Mr. Peter Mullen, City Controller, made the presentation for the bill. He indicated this appropriation would fund the Mayor's Environmental /Action budget for 1979. He said this budget was reduced by the Administration at budget time with the intention of using some auxillary funding. Council Member Taylor recommended that the entire budget be put back into the City's budget and not use Revenue Sharing funds in the future. Council Member Szymkowiak made a motion to recommend this bill to the Council favorable, secondec by Council Member Miller. The motion carried. 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 ADMINISTERED BY THE DEPARTMENT OF ADMINISTRATION AND FINANCE. This being the time heretofore set for public hearing on the above bill, proponents and opponent., were given an opportunity to be heard. Mr. Richard Welch, Director of Discovery Hall, made the presentation for the bill. He indicated that due to the size of the collection and other Discovery Hall pieces additional storage is needed. He said that previously the City leased space at Marycrest but that was no longer available and was not suited to the need. He said they had secured space at the Omiplex complex on Elwood. He said this appropriation represented a one year lease cost. He said some remodeling would have to be done to the storage space. He said a fire wall would have to be built, security precautions taken, as well as the heat element repaired. Ms. Karen Gleason, Director of Civic Planning asked how much money was needed to get this building remodeled to meet the needs of Discovery Hall. He indicated they did not have firm figures, especially regarding the heating element. Council Member Taylor made a motion,to recommend this bill to the Council favorable, seconded by Council Member Szymkowiak. The motion carried. cil REGULAR MEETING JANUARY 8, 1979 COMMITTEE OF THE WHOLE MEETING (CONTINUED) BILL NO. 253 -78 A BILL OF DETERMINATION FOR SALE OF CERTAIN REAL ESTATE OWNED BY THE CITY OF SOUTH BEND FOR PARK PURPOSES. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. James Seitz, Superintendent of Parks, made the pre- sentation for the bill. He indicated that the Park Department proposed to sell the park owned land known as Plaza Park located across from the old Union Train Station on South Street. He said this park is approximately 3.5 acres and has been used very little the past few years. He indicated it has attracted some undesireable users. He said the Park Board had received in- quiries about the sale of Plaza Park, and they feel they will have persons bidding on the land. Council President Parent indicated that perhaps this land should be leased and not sold. Mr. Seitz indicated that no one would improve leased land. Mr. Van Gates indicated he was interested in this property, in order to expand his business. Council President Parent made a motion to recommend this bill to the Council favorable, seconded by Council Member Kopczynski. Council Member Taylor indicated he would like to committee this bill in order that a study can be made in regard to sale of park property downtown. He indicated he did not want the Council to set a precedent regarding the sale of park property. Mayor Nemeth indicated he did not feel the sale of this particular park was going to set a precedent. Council Member Miller made a motion for a short recess for the purpose of an executive session to discuss the sale of this property, seconded by Council President Parent. Mr. Eli Spicer, of Spicer /Freeman indicated that the park was used by undesireables and it was a deterrent to the businesses in the neighborhood. The motion carried and the meeting was recessed at 8:20 p.m., and reconvened at 8:40 p.m. The motion for favorable recommendation carried. There being no further business to come before the Committee of the Whole, Council Member Kopczynski made a motion to rise and report to the Council, seconded by Council Member Dombrowski The motion carried. ATTEST: City Clerk REGULAR MEETING RECONVENED ATTEST: rman Be it remembered that the regular meeting of the Common Council of the City of South Bend re- convened in the Council Chambers on the fourth floor of the County -City Building at 8:41 p.m., Council President Parent presiding and nine members present. BILLS, SECOND READING ORDINANCE NO. 6533 -79 AN ORDINANCE APPROPRIATING $200,000.00 FROM THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING GRANT FOR VARIOUS PROGRAMS TO BE AD- MINISTERED BY THE CITY OF SOUTH BEND THROUGH THE DEPART- MENT OF ADMINISTRATION AND FINANCE. 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. 6534 -79 AN ORDINANCE APPROPRIATING $290,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY KNOWN AS GENERAL REVENUE SHARING, FOR THE OPERATION OF CENTURY CENTER, TO BE AD- MINISTERED BY THE CITY OF SOUTH BEND THROUGH THE CENTURY CENTER BOARD OF MANAGERS. This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Szymkowiak. The bill passed by a roll call vote of six ayes and three nays (Council Members Kopczynski, Adams and Horvath.) ORDINANCE NO. 6535 -79 AN ORDINANCE APPROPRIATING $60,000.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY KNOWN AS GENERAL REVENUE SHARING, FOR OPERATION OF THE YOUTH SERVICES BUREAU, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF ADMINISTRATION AND FINANCE. This bill had second reading. Council Member Adams made a motion to pass this bill, seconded by Council Member Serge. The bill passed by a roll call vote of nine ayes. RDINANCE NO. 6536 -79 AN ORDINANCE APPROPRIATING $28,636.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS LAW ENFORCEMENT PROGRAMS TO BE AD- MINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPART- MENT OF LAW This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council 'Member Szymkowiak. The bill passed by a roll call vote of nine ayes/ REGULAR MEETING JANUARY 8, 1979 REGULAR MEETING RECONVENED (CONTINUED ORDINANCE NO. 6537 -79 AN ORDINANCE 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 AD- MINISTRATION AND FINANCE. This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Szymkowiak. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6438 -79 AN ORDINANCE 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 AD- MINZSTERED BY THE CITY OF SOUTH BEND THROUGH THE.DEPART- MENT OF ADMINISTRATION AND FINANCE. This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Szymkowiak. The bill passed by a roll call vote of eight ayes and one nay (Council Member Kopczynski.) ORDINANCE NO. 6539 -79 AN ORDINANCE APPROPRIATING $57,470.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING FOR VARIOUS PUBLIC SAFETY PROGRAMS TO BE ADMINISTERED THROUGH THE DEPARTMENT OF ADMINISTRA- TION AND FINANCE. This bill had second reading. Council Member Szymkowiak made a motion to pass this bill, secon by Council Member Serge. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6540 -79 AN ORDINANCE 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 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. 6541 -79 AN ORDINANCE 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 ADMINISTRATION AND FINANCE. This bill had second reading. Council Member Dombrowski made a motion to pass this bill, secon by Council Member Serge. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 6542 -79 AN ORDINANCE 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 second reading. by Council Member Dombrowski. (Council Member Kopczynski.) ORDINANCE NO. 6543 -79 AN ORD ESTATE This bill had second reading. by Council Member Szymkowiak. (Council Member Taylor.) RESOLUTIONS Council Member Szymkowiak made The bill passed by a roll call INANCE OF DETERMINATION FOR THE OWNED BY THE CITY OF SOUTH BEN Council Member Dombrowski made The bill passed by a roll call -a motion to pass this bill, secon vote of eight ayes and one nay SALE OF CERTAIN REAL D FOR PARK PURPOSES. a motion to pass this bill, secon vote of eight ayes and one nay RESOLUTION NO. 672 -79 A RESOLUTION AUTHORIZING THE DISPOSAL OF EXCESS CITY PROPERTY TO ADJACENT PROPERTY OWNERS FOR ONE DOLLAR ($1.00.) PURPOSE AND INTENT It is the purpose of this Resolution to authorize the Board of Public Works to dispose of parcels of property contained in the list attached hereto and made a part hereof, and marked Exhibit "A" for the price of One Dollar ($1.00) per lot to adjacent property owners that submit a written request for such lot within sixty (60) days of the effective date of this Resolution. The program is intended to place as many of these lots as possible back on the tax roll, and to allow adjacent property owners to. utilize and maintain these lots. Prior to the Board of Public Works disposing of these lots to adjacent property owners for the price of One Dollar ($1.00) the specific lot would be submitted to those City agencies which may have an interest in the retention of such property for their approval. In the event that there are two adjacent property owners to a parcel that is available, the pracel shall be divide( equally between the two property owners requesting to purchase the property. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the Civil City of South Bend that: M REGULAR MEETING JANUARY 8 1979 REGULAR MEETING RECONVENED (CONTINUED SECTION I. The South Bend Board of Public Works is hereby authorized to dispose of the parcels of property set out in'Exhibit "A ", attached hereto.and made a part hereof, to adjacent property owners for the price of One Dollar (1.00.) SECTION II. The Board of Public Works shall have the authority to consummate the sales of those properties for which a written request was on file with the Board of Public Works on or before December 4, 1978 from an adjacent property owner for the entire lot. SECTION III. The Board of Public Works shall have the authority to consummate sales of those properties for which a written application is filed with the Board of Public Works from an adjacent property owner no later than sixty (60) days from the effective date of this Resolution. SECTION IV. In the event that both adjacent property owners file written application to purchase the lot prior to the expiration date of the aforesaid sixty (60) day period, the Board of Public Works shall divide the lot into as equal parts as is practicable and sell one -half (z) to each interested property owner. SECTION V. Prior to the Board consummating the sale of any of these lots, it shall sub- mit the individual lot requested to all of those City Departments which may have an interest in the retention of such lot and receive the approval of those departments prior to disposing of any of these lots. SECTION VI. 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. Council Member Serge indicated that the Public Works Committee had met on this matter, and recommended the adoption of the resolu- tion. Council Member Kopczynski made a motion to adopt this resolution, seconded by Council Member Serge, The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 673 -79 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. 4872 -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 Southold Heritage Foundation, Inc., for the rehabilita- tion work on the following property: Lot #10 Stovers Sub of BOL /81 121 N. Studebaker $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 /Terry S. Miller Member of the Common Council A public hearing was held on this resolution at this time. Mr. James Harcus, Director of the Bureau of Housing, indicated that Southold Heritage Foundation, Inc., was using this money to rehabilitate a house located at 121 N. Studebaker. Council Member Serge made a motion to adopt this resolution, seconded by Council Member Dombrowski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 674 -79 A RESOLUTION AUTHORIZING THE TEMPORARY TRANSFER OF IDLE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FROM THE CUMULA- TIVE SEWER BUILDING AND SKINKING FUND, LOCAL ROADS AND STREETS FUND, FEDERAL ASSISTANCE GRANT FUND, WASTEWATER DEPRECIATION FUND, WATER WORKS DEPRECIATION FUND AND WASTEWATER GENERAL FUND, TO THE CORPORATION GENERAL, PARK MAINTENANCE, POLICE PENSION, FIRE PENSION AND HUMAN RELATIONS AND FAIR EMPLOYMENT PRACTICES COMMISSION FUNDS AND CENTURY CENTER OPERATIONS FUND, ALL FUNDS BEING WITHIN THE CIVIL CITY OF SOUTH BEND, INDIANA. WHEREAS, a necessity exists to provide funds for the Corporation general,Park Maintenance, Police Pension, Firemen Pension, Human Relations and Fair Employment Practices Commission and Century Center Operations Fund prior to the receipts of taxes in the year 1979 in order to meet the current operating expenses of the City, provided for in the budget and appropriation adopted for the year 1979 which expenses must be met prior to the receipts of taxes and other revenues in the year 1979 and REGULAR MEETING JANUARY 8 1979 REGULAR MEETING RECONVENED (CONTINUED WHEREAS, there are monies on deposit to the credit of various funds of theCity, to wit: Cumulative Sewer Building and Sinking, Local Roads and Streets and Federal Assistance Grant, Wastewater General, Wastewater Depreciation, and Water Works Depreciation Funds which can be temporarily advanced or transferred to the various funds already mentioned, and WHEREAS, Indiana Code 19- 11 -2 -1 and 19- 11 -2 -2 authorize the Common Council of the Civil City of South Bend, by Resolution adopted by such Council, to advance and transfer to a depleted fund from any other such fund, such amount for such period of time as may be pre- scribed in the Resolution, NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. That the City Controller of the City of South Bend is authorized to transfer an aggregate amount not to exceed $4,700,000.00 to various funds from various funds as listed below. The aggregate amount of $47,700,000.00 to be distributed so as not to exceed at any one time the maximum amounts as set forth below. Any such transfers made must be repaid.by December 31, 1979. FROM: MAXIMUM Cumulative Sewer Building & Sinking Fund Local Roads & Street Fund Federal Assistance Grant Fund Wastewater General Fund Wastewater Depreciation Fund $1,000,000.00 1,000,000.00 750,000.00 500,000.00 750,000.00 Water Works Depreciation Fund 700,000.00 $4,700,000.00 TO: MAXIMUM Corporate General Park Maintenance Police Pension Fund Firemen Pension Fund Human Relations & Fair Practices Comm. Fund Century Center Operations Fund $3,680,000.00 500,000.00 200,000.00 200,000-00 20,000.00 100,000.00 $4,700,000.00 SECTION II. Such transfer shall be made for a period of time not to extend beyond December 31, 1979, and such funds so transferred shall be returned and repaid to the.original funds from which they were transferred. SECTION III. This Resolution shall be in full force and effect from and afters its adoption by the Common Council and its approval by the Mayor. /s /Terry S. Miller Member of the Common Council A public hearing was held at this time on the resolution. Mr. Peter Mullen, City Controller, indicated that every year it was necessary to make loans to certain funds due to normal timing variances between expenditures and receipt of revenues. Council Member Miller made a motion to adopt this resolution, seconded by Council Member Taylor. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND REQUESTING THE MAYOR.TO INITIATE ACTION FOR THE NECESSARY REPLACEMENT OF MEDIC I AND MEDIC II. A public hearing was held at this time on the resolution. Council Member Adams indicated that a Community Development appropriation of $13,300 had recently been denied, and that this money, together with funds in the Save -A -Life Fund could be used toward the purchase of a replacement ambulance. Mr. Peter Mullen, City Controller, ask that this resolution be rejected, since the Administration felt that replacement ambulances should be an administrative decision. Council Member Horvath asked if they anticipated any problems with the ambulances this coming year. Chief Van Wiele indicated that the ambulances needed to be replaced, but they would like to replace one in 1980 and one the following year. He said it would be possible for the pre- sent ambulances to continue for another year. Council Member Adams made a motion that the public hearing be continued until the next meeting, in order that a study could be made of this matter, seconded by Council Member Kopczynski. Council Member Miller indicated that one ambulance should be replaced every year and since we have not purchased any since 1976, when we purchased two, one should be replaced this year. He said he.did not feel this resolution was necessary and that it should be defeated. Council Member Kopczynski indicated there were Federal regulations governing ambulances and he felt that the City ambulances were not meeting Federal requirements. He sasked the City Clerk to obtain the Federal regulations regarding ambulances and medical runs. The motion to continue public hearing was defeated by a roll call vote of six ayes and three nays (Council Members Kopczynski, Adams and Horvath.) Council Member Miller made a motion to defeat this resolution, seconded by Council Member Taylor. The resolution was defeated by a roll call vote of six ayes and three nays (Council Members Kopczynski, Adams and Horvath.) REGULAR MEETING JANUARY 8, 1979 REGULAR MEETING RECONVENED (CONTINUED) BILLS. FIRST READING BILL NO. 1 -79 A BILL AMENDING CHAPTER 15, ARTICLE I, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, COMMONLY KNOWN AS THE RAILROAD TRAINS ORDINANCE. This bill had first reading. Council Member Miller made a motion to suspend the rules and have public hearing and second reading on this bill, seconded by Council Member Taylor. The motion failed on a roll call vote of eight ayes and one nay (Council Member Adams.) Council Member Adams made a motion to set this bill for public hearing and second reading January 22, 1979, seconded by Council Member Dombrowski. The motion carried. BILL NO. 2 -79 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.) (AN AREA BOUNDED BY GREEN ST., BENDIX DR., AND BONDS AVE.) 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. 3 -79 A BILL AMENDING CHAPTER 13, ARTICLE 4 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND BY ADDING A NEW SECTION 13 -55.1 DEFINING THE OFFENSE OF LOITERING FOR SOLICITATION AND ESTABLISHING A PENALTY FOR THE VIOLATION THEREOF. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading January 22, 1979, seconded by Council Member Dombrowski. The motion carried. BILL NO. 4 -79 A BILL AMENDING CHAPTER 21, ARTICLE 7, SECTION 21 -120 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, BY REQUIRING THAT PROPOSED REZONINGS BE ADVERTISED BY COMMON ADDRESS AND THAT THE PROPERTY HAVE A PUBLIC NOTICE POSED THEREON. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading January 22, 1979, seconded by Council Member Dombrowski. The motion carried. BILL NO. 5 -79 A BILL APPROVIN THE FORM AND TERMS OF LOAN AGREEMENT, TRUST INDENTURE NOTE, MORTGAGE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZ- ING THE EXECUTION THEREOF PERTAINING TO ANCHOR PROPERTIES, II, AN INDIANA PARTNERSHIP. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading January 22, 1979, seconded by Council Member Dombrowski. The motion carried. BILL NO. 6 -79 A BILL APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, AND PEERLESS- MIDWEST, INC.; GRANGER, INDIANA, FOR THE CONSTRUCTION OF AIRPORT NO. 4 IN THE TOTAL AMOUNT OF $37,132. This bill had first reading. Council Member Adams made a motion to set this bill for public hearing and second reading January 22, 1979, seconded by Council Member Dombrowski. The motion carried. There being no further business to come before the Council, unfinished or new, Council Member Adams made a motion to adjourn, seconded by Council Member Dombrowski. The motion carried and the meeting was adjourned at 9:28 p.m. ATTEST: APPROVED: City Clerk Pres'd t REGULAR MEETING JANUARY 22. 1979 Be it remembered that the Common Council of the City of South Bend met in the Council Chambers of theCounty -City Building on Monday, January 22, 1979, at 7:00 p.m Council President Parent presiding. The meeting was called to order, and the Pledge to the Flag was given. ROLL CALL PRESENT: Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent ABSENT: None REPORT FROM THE SUB - COMMITTEE ON MINUTES To the Common Council of the City of South Bend: Your sub - committee on the inspection and supervision of the minutes would respectfully report that it has inspected the minutes of the January 8, 1979 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