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<br />REGULAR MEETING MAY 23, 1977
<br />REGULAR MEETING RECONVENED (CONTINUED)
<br />BILL NO. 62 -77 A BILL AMENDING CHAPTER 9, GENERALLY KNOWN AS
<br />THE FIRE PREVENTION ORDINANCE,,'REGULATING AND
<br />SETTING STANDARDS FOR SAFEGUARDING OF LIFE AND
<br />PROPERTY FROM THE HAZARDS OF FIRE AND EXPLOSION
<br />ARISING FROM THE STORAGE, HANDLING AND USE OF
<br />HAZARDOUS SUBSTANCES, MATERIALS AND DEVICES, AND
<br />FROM CONDITIONS HAZARDOUS TO LIFE OR PROPERTY, IN
<br />THE USE OR OCCUPANCY OF BUILDINGS OR PREMISES:
<br />SETTING STANDARDS IN DETERMINING THE ACCEPT-
<br />ABILITY OF INSTALLATIONS OR PROCEDURES, EQUIPMENT
<br />OR MATERIALS IN THE USE OR OCCUPANCY OF BUILDINGS
<br />OR PREMISES; PROVIDING FOR A FIRE BOARD OF APPEALS;
<br />PROVIDING FOR BONFIRE, TRASH OR RUBBISH FIRES ;:!AND
<br />PROVIDING PENALTIES.
<br />This bill had first reading. Council Member Adams made a motion to set this bill for public
<br />hearing and second reading June 13, 1977, seconded by Council Member Dombrowski. The motion
<br />carried.
<br />UNFINISHED BUSINESS
<br />Mr. Patrick McMahon, Director of Public Works, indicated the Council had recently approved the
<br />sale of City -owned lots and he would like the Council to grant permission to use a City employee
<br />for appraisals, with the exception of the Niles Street Property. Council President Parent indic
<br />that in the future when there is a resolution before the Council this should be included. Counc
<br />Member Dombrowski made a motion approve the use of a City employee to make the appraisals, secon
<br />by Council Member Horvath. The motion carried.
<br />RESOLUTION NO. 558 -77 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
<br />SOUTH BEND, INDIANA FORMALIZaNG_ THE INTENT OF THE
<br />COUNCIL WITH REGARDS TO THE ACQUISITION OF CLAY
<br />UTILITIES AS PROPOSED BY THE'_:_MAYOR OF SOUTH BEND.
<br />Council President Parent indicated this resolution was vetoed by the Mayor. He presented the
<br />following reasons for the support of Resolution No. 558 -77: Since the topic of acquiring Clay
<br />Utilities was initially introduced to the Common Council, it took the stand that contributions
<br />in aid of construction and a high interest rate should not be included in the overall purchase
<br />price. The Council maintains that position and has never deviated from it. State law obligates
<br />the Council to: (1) determine the necessity for acquiring the waterworks and sewage disposal
<br />facilities; and (2) determine whether the rental is fair and reasonable. It is therefore obligati
<br />to hear all of the evidence, and the balance and weigh all of the data in determining whether
<br />these two standards have been met. This process in and of itself necessitates the setting of
<br />policy in light of the data, economic and social principles, and the governing law. The Council
<br />made it quite clear that although there may be a necessity to acquire the Clay facilities, such
<br />acquisition would not be fair or reasonable if contributions in aid of construction and a high
<br />interest rate were included. The Mayor's May 16th letter advising the Council of his veto sets
<br />forth no additional reasons regarding principles, and in fact includes inaccurate information
<br />especially with regards to the cost of the referendum. It again fails to recognize the overridin,
<br />principles which the Council believes should govern this acquisition. Since sound public policy
<br />considerations and humanistic principles have governed all of the Council's deliberations on this
<br />proposed acquisition, it therefore supports the adoption of Resolution No. 558 -77 as another
<br />indication of its consistent stand. Council Member Horvath made a motion that his resolution be
<br />adopted, seconded " "by Council Member Dombrowski. After a brief discussion, it was decided that th,
<br />motion should be restated. Council Member Horvath made a motion to override the Mayor's veto of
<br />the resolution, seconded by Council Member Dombrowski. The Mayor's veto was overriden by a vote
<br />of seven ayes (Council Members Serge, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent)
<br />and two nays (Council Members Szymkowiak and Miller).
<br />REPORTS FROM AREA PLAN
<br />1017 E. Jefferson Upon a motion by Rene Vandewalle, being seconded
<br />by Joseph Serge and unanimously carried, the peti-
<br />tion of Robert W. Dunfee, to zone from "B" Resi-
<br />dential, "C" Height and Area, to "C" Commercial,
<br />"C" Height and Area, property located at 1017 E.
<br />Jefferson Boulevard, City of South Bend, was
<br />withdrawn, as requested by the petitioner and his
<br />attorney.
<br />Council Member Kopczynski made a motion to strike this ordinance from the record, seconded by
<br />Council Member Dombrowski. The motion carried.
<br />300 E. Ireland Rd. Upon a motion by Joseph Simeri, being seconded by
<br />Rene Vandewalle, and unanimously carried, the
<br />petition, as.amended, of Robert J. and Ann E.
<br />Basney, to zone from "C -2" Commercial, and "C"
<br />Commercial and "A" Residential, "A" Height and
<br />Area, to "C" Commercial, "D" Height and Area,
<br />property located at 300 E. Ireland Road, City of
<br />South Bend, is returned to the Common Council
<br />with a favorable recommendation, subject to the
<br />closing of the eastern driveway and extending the
<br />40 feet landscaping buffer strip north to Ireland
<br />Road. A detailed landscape plan must be provided
<br />along with an agreement between the property
<br />owners and the South Bend Board of Public Works
<br />that owners will maintain in perpetuity, the
<br />landscape plan, and also subject to approval of
<br />a final site plan.
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