02-11-80 Council Meeting Minutes

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REGULAR MEETING FEBRUARY 11, 1980 COMMITTEE OF THE WHOLE MEETING (CONTINUED Mr. Lloyd Taylor, Senior Vice President of St. Joseph Bank, indicated that the bank had an option on this property, but decided to build on Mishawaka Avenue. He said 711 had asked to assume their option. He said this type of store was a convenience to a neighborhood. Mr. Richard Johnson, Director of Area Plan, indicated that it was the Commission's belief that this site would be better suited for an office use. Mrs. Dorothy Belmont, 11132 S. Ironwood, presented a petition was 80 signatures against this rezoning. She indicated they were plagued with noise, etc., from the Oaken Bucket. She said they feel this type of business would bring hardship to the area. Mr. Richard Thomas, 1113 21st Street, spoke against this rezoning. Mr. Jeffery Johnson, 1123 S. Ironwood, spoke against this rezoning. Mr. Clarence Wisner, 2216 Pleasant, spoke against this rezoning. Mr. Robert Barthel, 2220 -2224 Pleasant, spoke against this rezoning. Council Member Taylor indicated he was not in favor of this bill. Council Member Serge indicated he was not in favor of a 711 at that location. Council Member Beck made a motion to recommend this bill to the Council unfavor- able, seconded by Council Member Kopczynski. The motion carried. BILL NO. 7 -80 A BILL APPROPRIATING $115.,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC WORKS PROGRAMS TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC WORKS. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Patrick McMahon, Director of Public Works, made the presentation for the bill. He indicated this appropriation would be used to supplement the 1980 budget for de -icing chemicals. He indicated the cost of de -icing chemicals has greatly inflated within the last twelve months. Council Member Dombrowski made a motion to recommend this bill to.the Council favorable, seconded by Council Member Serge. The motion carried. BILL NO. 8 -80 A BILL GRANTING AN EASEMENT OF CHICAGO SOUTH -SHORE AND SOUTH BEND RAILROAD ALONG BENDIX DRIVE AND RATIFYING PERMISSION TO LAY RAIL- ROAD TRACKS ACROSS STREETS. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Patrick McMahon, Director of Public Works, made the presentation for the bill. He said the City plans to improve Bendix Drive and to construct new curbs and gutters from Westmoor Street north to Lincolnway West. He said to do this it was advisable to move the railroad tracks from the center of the traveled portion of the street to the east side of the right -of -way. He said this bill should be amended on page 2, last sentence, after the word "track" change to may; page 3, second sentence after Trail, add "except at all existing driveways, ; add a sentence in Section II, to read "Said closed con- struction shall be at an elevation which is compatable with the elevation of the Bendix Drive and intersecting street improvements. The Chicago .South Shore and South Bend Railroad shall not have the right to fence this easement in its entirety or in part. The Chicago South Shore Railroad shall not utilize this easement for the purpose of storing freight or passenger cars." Council Member Taylor made a motion to amend this bill, seconded by Council Member Kopczynski. The motion carried. Council Member Taylor made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Beck. The motion carried. BILL NO. 9 -80 A BILL AMENDING VARIOUS SECTIONS WITHIN CHAPTER 2, ARTICLE 16, COMMONLY KNOWN AS THE FAIR CAMPAIGN PRACTICES ACT, 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 President McGann made the presentation for the bill. He indicated that the present City ordinance was originally passed in 1974, two years prior to the State law. He indicated this bill would increase the limit on constributions for the Mayor and Councilmen; and eliminate filing reports with the City Clerk. He proposed the following amendments to the bill: Section II. In Sec. 2 -202 (b), delete three (3) and sub- stitute two (2); Section III. In Sec. 2 -203, delete entire subsection (d) and substitute (d) Every candidate, or treasurer of any political committee acting in behalf of a candidate shall file all reports with the County Clerk's office. Filing reports required under Indiana State Law (I.C. 3 -4 -1 -1 through I.C. 3- 4 -7 -7) as it may be amended from time to time shall be con- sidered compliance with this Article.; In Sec. 2- 203(e), delete City, substitute County; In Sec. 2 -203 (f) delete entire subsection, substitute (f) All reports required under this section shall be on forms made available by the Office of theCounty Clerk and shall contain such items as required by State law.; In Sec. 2 -203 (g) delete entire subsection. Council Member Kopczynski made a motion to amend the bill, seconded by Council Member Serge. The motion carried. Council Member Serge made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Dombrowski. The motion carried. BILL NO. 10 -80 A BILL APPROPRIATING $14,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR THE 1980 ETHNIC FESTIVAL, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF.ADMINISTRATION AND FINANCE. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Joseph Kernan, City Controller, made the presentation for the bill. He indicated this appropriation.would be used to fund the City's portion of the Ethnic Festival. He indicated there would be an additional appropriation for the fireworks dis- play. Council Member Kopczynski made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried.