HomeMy WebLinkAbout01-08-73 Council Meeting Minutes+.++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++ i
REGULAR MEETING
JANUARY 8, 1973
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 8, 1973, at 8:00 p.m., Council President Peter J.
Nemeth presiding. The meeting was called to order and the Pledge to the Flag was given.
Councilman Taylor asked to be recognized and said he wanted to welcome some students from
Jackson High School in the audience. They represent classes in Sociology and Government.
Councilman Nemeth welcomed Mrs. Barbara Byers, new Deputy City Clerk.
ROLL CALL PRESENT: Councilmen Serge, Szymkowiak, Miller, Parent, Taylor,
Kopczynski, Horvath, Newburn and Nemeth.
ABSENT: None.
Councilman Horvath made a motion to resolve into the Committee of the Whole, seconded by
Councilman Taylor. The motion carried.
COMMITTEE OF THE WHOLE MEETING
Be it remembered that the Common Council of the City of South Bend met in the Committee of the
Whole on Monday, January 8, 1973, at 8:06 p.m., with nine members present. Chairman Odell
Newburn presided.
ORDINANCE AN ORDINANCE AMENDING CHAPTER 6 "BUILDINGS" OF THE
MUNICIPAL CODE OF THE CITY OF SOUTH BEND TO REQUIRE
THAT CERTAIN TYPES OF BUILDINGS BE CONSTRUCTED IN
SUCH A MANNER THAT THEY ARE ACCESSIBLE TO AND
FUNCTIONAL FOR THE PHYSICALLY HANDICAPPED AND AGED.
This being the time heretofore set for public hearing on the above ordinance, proponents and
opponents were given an opportunity to be heard. Councilman Roger Parent made the presentation
for the ordinance. Mr. Parent said that last year Mr. Robert Swanson, President of the Michiana
Chapter of the National Paraplegia Foundation, asked that the Council study the problem of
barriers in buildings as they affect the handicapped. The Council referred the matter to the
Urban Redevelopment Committee. Mr. Parent is Chairman of the Committee and the members are
Councilmen Miller, Newburn, Serge and Taylor. The Committee held meetings to study existing
regulations and determine what was needed. One out of ten persons is physically handicapped in
one way or another. The existing State Building Code applies only to buildings funded with
public funds. This kind of an ordinance would be helpful in making the building rules and
regulations more pertinent. The Urban Redevelopment Committee prepared the first draft of an
ordinance and mailed it to 50 architects, builders, interested organizations and individuals.
A public hearing was held to get individual input into the ordinance. A Technical Committee was
formed composed of architects and handicapped persons and this Committee held meetings to rewrite
the first draft of the ordinance. The Technical Committee feels that the ordinance before the
Council tonight should be passed with some amendments. Councilman Parent then moved that the
ordinance be amended as follows:
Section 6 -19 General (b) Add No. (14) checkout lanes and turnstiles.
(c) Delete. Add a new sentence as follows:
Privately supported schools, cultural centers,
art facilities, museums, theatres, movie houses
and buildings with similar purposes.
(k) Substitute the word "facilities" for "garages."
(k) (1) Substitute the word "facilities" for "garages."
REGULAR MEETING JANUARY 8, 1973
ORDINANCE (CONTINUED)
Section 6 -23 (c) Delete last sentence. Add a new sentence as
follows: A floor not made of a slip resistant
material shall be in accordance with this sub-
section if treated and maintained with a slip
resistant wax or some other like product.
Section 6 -24 (b) Add the following: Such handrail must be
returned to the wall or to itself.
Section 6 -27 (a) Substitute the word "shall" for the word "should"
in the first line.
(b) Substitute the word "shall" for the word "should"
in the first line.
Section 6 -29 Substitute the word "of" for "or" in the second line.
Section 6 -33 (a) Add the following sentence: The hard -of- hearing
facilities and /or devices shall be maintained in
operating condition.
Councilman Taylor seconded the motion to amend. The motion carried.
Councilman Parent then said that two members of the Technical Committee, Mr. Robert Swanson,
President of the Michiana Chapter of the National Paraplegia Foundation, and Mr. Robert Eberhart,
President of the St. Joseph Valley Architects Association, would like to say a few words. Mr.
Swanson said that one of the main concerns of his organization is that so many handicapped
children are denied the right to attend public schools because the buildings are inaccessible to
them. Mr. Eberhart said that the Technical Committee had worked very hard on the ordinance. He
said he feels this is as far as they can go until the ordinance has been tried. He feels if the
ordinance is passed, it will provide some input into the State Building Code. Councilman Parent
then said he had received letters of support for the ordinance from the Hickey Construction
Company; Mr. Jesse Dickinson, Foster Grandparents Organization; the Michiana Chapter for Law and
the Handicapped; the St. Joseph County Fair Tax Association; Mr. Lester Fox of REAL Services; and
Mr. Leroy Troyer, Architect. Mrs. Brenda Crane, 2522 Eisenhower Drive, said that the Council for
the Retarded of St. Joseph County supports the ordinance.
Councilman Taylor said that he was happy to be a member of the Council that was proposing such
landmark legislation for the City of South Bend. He then said that since the ordinance does
provide a section dealing with "Appeals" he would move to strike the paragraph on the first page
of the ordinance dealing with buildings of historic significance. Councilman Parent seconded the
motion. The motion carried.
Councilman Nemeth said he would like to take this opportunity to commend Councilman Parent and
his Committee for the fine job they did in researching other ordinances and laws and in preparing
this ordinance.
Councilman Szymkowiak made a motion that the ordinance go to the Council as favorable, seconded
by Councilman Taylor. The motion carried.
ORDINANCE AN ORDINANCE APPROPRIATING ALL PARKING METER FEES
AND FUNDS FOR THE YEAR 1973 TO THE BOARD OF PUBLIC
WORKS AND SAFETY OF THE CIVIL CITY OF SOUTH BEND,
INDIANA, FOR THE USES AND PURPOSES SET FORTH
THEREIN, IN ACCORDANCE WITH CHAPTER 208 OF THE ACTS
OF THE GENERAL ASSEMBLY OF THE STATE OF INDIANA OF
1965.
This being the time set for public hearing on the above ordinance, proponents and opponents were
given an opportunity to be heard. Mr. Joseph Nagy, Jr., Auditor for the City of South Bend, made
the presentation for the ordinance in the absence of Mr. James Barcome, City Controller, who was
ill. Mr. Nagy explained that the revenue from the parking meters increased by $10,000 over 1971
revenues. This increase was due to the increased rates charged for metered parking. 1973 will
be the first full year with the new rates and they are confident that the revenue will cover the
budget submitted. Mr. Nagy then gave a line -by -line explanation of the proposed budget, and said
that they would recommend that Line 213, Travel Expense, should be amended from $350 to $100.
Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, said that the budget
is up from last year's budget and asked if all the income projected is from parking meters and not
from fees and fines. Mr. Nagy said that the income is from the meters.
Councilman Nemeth made a motion to amend Line 213 in the ordinance, changing the amount from
$350 to $100. Councilman Kopczynski seconded the motion to amend. The motion carried.
Councilman Kopczynski made a motion that the ordinance go to the Council as favorable, seconded
by Councilman Parent. The motion carried.
ORDINANCE AN ORDINANCE APPROPRIATING ALL PARKING GARAGE FEES
AND FUNDS FOR THE YEAR 1973 TO THE BOARD OF PUBLIC
WORKS AND SAFETY OF THE CIVIL CITY OF SOUTH BEND,
INDIANA, FOR THE USES AND PURPOSES SET FORTH
THEREIN, IN ACCORDANCE WITH.CHAPTER 190 OF THE ACTS
OF THE GENERAL ASSEMBLY OF THE STATE OF INDIANA OF
1955.
This being the time heretofore set for public hearing on the above ordinance, proponents and
opponents were given an opportunity to be heard. Mr. Joseph Nagy, Jr., Auditor for the City of
South Bend, made the presentation for the ordinance. Mr. Nagy said that in 1972 a new approach
in the operation of the Parking Garages was instituted by the Administration and Manager Stanley
Hull. This action resulted in a $100,000 increase in revenues. The budget being presented here
tonight represents a reduction of $13,000 over last year. Mr. Nagy then gave a line -by -line
REGULAR MEETING JANUARY 8, 1973
ORDINANCE (CONTINUED)
explanation of this budget. Miss Virginia Guthrie, Executive Secretary of the Civic Planning
Association, said that this is the first budget they have seen on the operation of the Parking
Garages. She said her organization feels Mr. Hull has done an outstanding job in his first year.
She then asked how payments for Retirement and Social Security are made since they are not includ
in the budget. Mr. Nagy said that in the past these items were paid out of the General Fund and
they are following that practice. Miss Guthrie then asked how the income was estimated and if it
was only from the garages. Mr. Charles Watkins, Deputy City Controller, said that the estimate
was predicated on past experience and was from the garages and flat lots only. There was a dis-
cussion on the janitorial services at the garages. Councilman Miller asked if the wages in the
budget were set previously or were being set tonight. Mr. Nagy replied that the salaries were
being set by this ordinance tonight.
Councilman Kopczynski moved that the ordinance go to the Council as favorable, seconded by
Councilman Parent. The motion carried.
ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE
WASTEWATER TREATMENT PLANT OF THE CITY OF SOUTH
BEND, INDIANA, AND FMC CORPORATION, ENVIRONMENTAL
EQUIPMENT DIVISION, CHICAGO, ILLINOIS, FOR THE
PURCHASE OF A MODEL 36A COMMINUTOR IN THE AMOUNT
OF $13,964.00.
This being the time heretofore set for public hearing on the above ordinance, proponents and
opponents were given an opportunity to be heard. Mr. Louis Rague, Superintendent of the
Wastewater Treatment Plan, made the presentation for the ordinance. Mr. Rague said that speci-
fications for this comminutor were approved by the Engineering Department and they advertised for
bids. The received only one bid and Board approval to enter into the contract. Mr. Vernon
Forsgren then presented a slide program showing what the new piece of equipment is and how it
must be installed. Councilman Taylor questioned Mr. Rague about the number of companies notified
since only one bid was received. Mr. Rague said that there are only two companies who manufactur
this equipment and the other company cannot supply this communitor to fit the channel. In a
discussion about the price, Mr. Rague said that a comminutor purchased earlier last year cost
$13,000 and this bid was for $13,964, an 8% increase in price. Mr. Forsgren said that he had
talked with a representative of the company who told him that they were slow in incorporating
several changes in the equipment and this cost a large amount of money and resulted in a sudden
jump in price.
There was a discussion as to whether this price increase exceeded the federal guidelines for
prices and Councilman Nemeth asked Mr. Charles A. Sweeney, Jr., City Attorney, what the effect
would be if the Council changed the amount in the ordinance. Mr. Sweeney said that you would
not have a contract if you did that and they would not deliver the goods. Councilman Miller
asked what fund this was paid from and if it would be wise to buy two comminutors now so that
there would not be another price jump when they needed another one. Mr. Rague said that this
purchase would be paid from the Depreciation Fund and that he did not have the balance in that
fund at hand. Councilman Miller commented that the Council has never had a budget from the
Wastewater Department.
Councilman Taylor asked Mr. Rague and Mr. Sweeney if the city could be placed in any kind of a
bind if action was delayed on this ordinance until January 22nd. Mr. Sweeney replied that there
would be no legal problem. Councilman Miller then made a motion that the public hearing be
continued until January 22, 1973, seconded by Councilman Taylor. The motion carried.
ORDINANCE AN ORDINANCE APPROPRIATING THE SUM OF $48,000
FROM THE CUMULATIVE SEWER BUILDING AND SINKING
FUND FOR PROJECT CS4 -1973 - NORTHEAST STORM SEWER
DEVELOPMENT.
This being the time heretofore set for public hearing on the above ordinance, proponents and
opponents were given an opportunity to be heard. Mr. David Wells, Assistant City Engineer, made
the presentation for the ordinance. Mr. Wells said that in 1969, the Indiana Stream Pollution
Control Board mandated the City of South Bend to begin a program that would control pollution
from sewers by July, 1977. One phase of this effort was a study made of the Northeast area of
the city on the feasibility of separating storm and sanitary sewers in the Northeast area which
is bounded by McKinley, Ironwood, Juday Creek and Hickory Road. Some work has been started in
this area. In 1970, two retention basins were built. This ordinance is asking for initial funds
for Project CS4, the Northeast Sewer Separation Program. This particular fund covers two areas -
McKinley Terrace and the North Ironwood, Edison, South Bend Avenue area. Both areas have a
severe problem with raw sewage coming from the manholes during storms. Mr. Wells said they would
greatly encourage Council passage of this ordinance. Miss Virginia Guthrie, Executive Secretary
of the Civic Planning Association, said they would be interested in knowing the balance in the
Cumulative Sewer Building and Sinking Fund. She said funds are appropriated for various projects
and then unused balances cannot be released until the completion of the project.
Councilman Parent moved that the ordinance go to the Council as favorable, seconded by Councilman
Miller. The motion carried.
There being
a motion to
carried.
ATTEST:
no further business to come before the Committee of the Whole, Councilman Horvath mad
rise and report to the Council, seconded by Councilman Kopczynski. The motion
CITY CLERK
REGULAR MEETING - RECONVENED
Be it remembered that the regular meeting of the Common Council of the City of South Bend, India
reconvened in the Council Chambers at 9:25 p.m., Council President Peter J. Nemeth presiding.
REGULAR MEETING JANUARY 8, 1973
REGULAR MEETING - RECONVENED (CONTINUED)
REPORT FROM THE COMMITTEE ON MINUTES
Your committee on the inspection and supervision of the minutes would respectfully report that
they have inspected the minutes of the December 18, 1972, regular and December 18, 1972, special
meetings of the Council and found them correct. They, therefore, recommend that the same be
approved.
s/ Peter J. Nemeth
s/ Terry S. Miller
Councilman Taylor made a motion that the report be accepted as read and placed on file and the
minutes be approved. Councilman Horvath seconded the motion. The motion carried.
REPORT OF THE COMMITTEE OF THE WHOLE
Councilman Parent made a motion to waive the reading of the Report of the Committee of the Whole,
seconded by Councilman Taylor. The motion carried unanimously.
CITIZEN REQUESTS - MISCELLANEOUS MATTERS
Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, commended the
Council for the actions taken on the barriers in buildings. She said she would like to suggest
that similar action be taken in regard to crosswalks which are barriers. She also suggested to
Councilman Miller that copies of any city budgets such as Wastewater could be obtained if the
Council would adopt a resolution asking for the budget.
REPORT FROM AREA PLAN COMMISSION
The Honorable Common Council
City of South Bend
County -City Building
South Bend, Indiana
In Re: A proposed ordinance originated by the Common Council of the City
of South Bend to zone to "B" Residential property located from
Jefferson, Corby and Hill to the riverbank
Gentlemen:
The attached ordinance originated by the Common Council was legally
advertised for public hearing December 9 and December 16, 1972. It was
given that public hearing December 19, 1972, at which time the following
action was taken:
"Upon a motion by Robert Lehman, seconded by Russell
Rothermel and carried with Roger Parent abstaining and
David Kelley and Charles Bowers voting "No ", this ordinance
is favorably recommended to the Common Council by the Area
Plan Commission."
The deliberations of the Area Plan Commission and points considered
in arriving at the above decision are shown in excerpts of the minutes of that
hearing and will be forwarded to you at a later date to be made a part of this
report.
Very truly yours,
s/ Howard Bellinger
Executive Director
HB:lari
cc: Roger Parent
Councilman Parent made a motion that the ordinance referred to in this report be set for Public
Hearing and second reading on January 22, 1973. Councilman Taylor seconded the motion. The
motion carried.
REPORT FROM AREA PLAN COMMISSION
The Honorable Common Council
City of South Bend
County -City Building
South Bend, Indiana
In Re: Proposed ordinance and site
Downs, Inc. to zone from "A"
property located on the west
Gentlemen:
development plan of Southold
Residential to "C -1" Commercial
side of Miami Road near Scottsdale
The attached rezoning petition of Southold Downs, Inc. was legally
advertised December 9 and December 16, 1972. The Area Plan Commission gave
it public hearing December 19, 1972, at which time the following action was
taken:
"Upon a motion by Kenneth Woods that the Plan Commission
recommend this petition favorably, being seconded by Dwight
Miller and unanimously carried, the petition of Southold
Downs, Inc. to zone from Residential to "C -1" Commercial,
property on the west side of Miami Road near Scottsdale is
favorably recommended to the Common Council of the City of
South Bend by the Area Plan Commission subject to final site
plan approval."
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REGULAR MEETING
ORDINANCE (CONTINUED)
should be filed as soon as possible but since the request from HUD for these two items came on
January 3rd and we had the program in the HUD office on September 11th, he feels the city is
moving very quickly. Councilman Taylor made a motion that the ordinance be set for public
hearing and second reading on January 22, 1973, seconded by Councilman Horvath. The motion
carried.
ORDINANCE AN ORDINANCE AUTHORIZING THE EXECUTION OF A
LEASE AND TRUST INDENTURE AND ECONOMIC
DEVELOPMENT REVENUE BONDS AND THE FORM AND
TERMS OF THE LEASE AND TRUST INDENTURE AND
BONDS AND THE ISSUANCE OF ECONOMIC DEVELOPMENT
REVENUE BONDS PERTAINING TO FIRST BANK AND TRUST
COMPANY OF SOUTH BEND, TRUSTEE FOR LAND TRUST
NO. 29 -5121.
This ordinance had first reading. Councilman Newburn made a motion that the ordinance be set for
public hearing and second reading on January 22, 1973, seconded by Councilman Horvath. The
motion carried.
ORDINANCE AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE
CITY OF SOUTH BEND TO REQUIRE THAT EMPLOYEES BE
RESIDENTS OF THE CITY OF SOUTH BEND.
This ordinance had first reading. Councilman Newburn made a motion that the ordinance be set for
public hearing and second reading on January 22, 1973, seconded by Councilman Kopczynski. The
motion carried.
UNFINISHED BUSINESS
Councilman Parent asked that the Clerk be directed to write a letter to the County Commissioners
complaining about the microphones in the Council Chambers, most of which have been out of service
tonight and also to remind the Commissioners of an earlier request to have rollers installed on
the Council chairs.
Councilman Nemeth said that an ordinance filed with the Council for the rezoning of property on
Miami Road near Scottsdale containing 8.3 acres should be stricken from the files since a new
ordinance has now been filed. Councilman Taylor made a motion that the ordinance to rezone 8.3
acres on Miami Road be stricken from the Council files, seconded by Councilman Kopczynski. The
motion carried.
There being no further business, unfinished or new, to come before the Council, Councilman N
made a motion to adjourn, seconded by Councilman Serge. The motion carried and the meeting
adjourned at 9:40 p.m.
ATTEST: APPROVED:
s
CITY CLERK PRESIDENT
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