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IREGULAR MEETING - RECONVENED (CONTINUED)
<br />(REPORT FROM THE COMMITTEE OF THE WHOLE
<br />Councilman Newburn made a motion to waive the reading of the report of the Committee of the Whole,
<br />seconded by Councilman Taylor. The motion carried by a roll call vote of eight ayes (Councilmen
<br />Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Newburn and Nemeth) with Councilman Horvath
<br />absent.
<br />IREPORT FROM THE DIRECTOR OF THE DEPARTMENT OF PUBLIC PARKS
<br />Mr. James Seitz, Director of the Department of Public Parks, introduced Mr. Karl T. Stevens, the
<br />City Forester, who spoke to the Council on future proposed amendments to the Municipal Code per-
<br />taining to trees and vegetation. Mr. Stevens stated that the ordinance had last been revised in
<br />1962 and was in need of some updating especially in view of some recent decisions made by Mr. Jame!
<br />Roemer, the City Attorney. Mr. Stevens indicated that, during the past few months, the department
<br />has been trying to "crack down" on the tree contractors working in South Bend in accordance with
<br />the provisions of the code. Section 19 -26 of the code states that "No person shall engage in the
<br />business of planting, removing, trimming or spraying trees or shrubs within the city, without first
<br />obtaining an annual arborist's license authorizing such person to engage in such business ". In the
<br />past, the department has interpreted this to mean anywhere within the city whether it be on private
<br />property or in the tree lawn area. Mr. Roemer was of the opinion that the section was not a clear
<br />exception to the code and the section pertaining to the maintenance of trees and lawns within the
<br />boundary or property lines of the lots abutting upon the public streets. Mr. Stevens stated that
<br />the revision of the code was necessary because of the unnecessary removal of healthy and beautiful
<br />trees in the tree and lawn areas of the city; for the protection of the property owners and the
<br />public; and to regulate the problem of having unqualified contractors working on the trees, lawns
<br />and shrubs within the city. Council President Nemeth thanked Mr. Stevens for his presentation.
<br />ORDINANCES, SECOND READING
<br />ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO.
<br />4990 -68, AS AMENDED, COMMONLY KNOWN AS
<br />THE ZONING ORDINANCE OF THE CITY OF SOUTH
<br />BEND, INDIANA (CHAPTER 40, MUNICIPAL CODE) -
<br />3027 McKinley Avenue.
<br />This ordinance had second reading... Councilman Kopczynski made a motion that the ordinance pass,
<br />seconded by Council President Nemeth. The ordinance was defeated by a roll call vote of five nays
<br />(Councilmen Szymkowiak, Miller, Parent, Taylor and Newburn) and three ayes (Councilmen Serge,
<br />Kopczynski and Nemeth) with Councilman Horvath absent.
<br />ORDINANCE AN ORDINANCE TO AMEND SECTION 15 -16 OF
<br />THE MUNICIPAL CODE OF THE CITY OF SOUTH
<br />BEND, INDIANA, AS AMENDED.
<br />Councilman Taylor made a motion to continue the ordinance to the August 12, 1974, meeting of the
<br />Council, seconded by Councilman Miller. The motion carried.
<br />ORDINANCE AN ORDINANCE FIXING MAXIMUM SALARIES AND
<br />WAGES OF APPOINTED OFFICERS AND EMPLOYEES
<br />OF THE CITY OF SOUTH BEND, INDIANA, FOR
<br />THE YEAR 1975.
<br />(Councilman Kopczynski made a motion to continue the ordinance to the July 22, 1974, meeting of the
<br />Council, seconded by Councilman Taylor. The motion carried.
<br />ORDINANCE NO. 5695 -74 AN ORDINANCE TRANSFERRING $3,726.00 FROM
<br />ACCOUNT NUMBER 110.0, "SERVICES PERSONAL ",
<br />TO ACCOUNT NUMBER 252.0, "REPAIRS OF
<br />EQUIPMENT ", BOTH ACCOUNTS BEING WITHIN
<br />THE FIRE DEPARTMENT BUDGET OF THE GENERAL
<br />FUND OF THE CITY OF SOUTH BEND, INDIANA.
<br />This ordinance had second reading. Councilman Kopczynski urged the Council to delay action on the
<br />ordinance until a report was submitted regarding the transmission problem. He made a motion to
<br />continue the ordinance to a future meeting until a report was filed. There was no second to the
<br />motion. Councilman Szymkowiak felt it would be better to approve the ordinance at this time.
<br />Councilman Newburn made a motion that the ordinance pass, seconded by Councilman Serge., The
<br />ordinance passed by a roll call vote of seven ayes (Councilmen Serge, Szymkowiak, Miller, Parent,
<br />Taylor, Newburn and Nemeth) and one nay (Councilman Kopczynski) with Councilman Horvath absent.
<br />ORDINANCE NO. 5696 -74
<br />AN ORDINANCE APPROPRIATING THE SUM OF
<br />$10,000 FROM THE CUMULATIVE SEWER BUILDING
<br />AND SINKING FUND TO PROJECT CS -7, 1974,
<br />THE RECONSTRUCTION OF THE OLIVE STREET
<br />SANITARY TRUNK SEWER FROM INDIANA AVENUE
<br />TO DELAWARE STREET.
<br />his ordinance had second reading. Councilman Serge made a motion that
<br />y Councilman Parent. The ordinance passed by a roll call vote of eight
<br />zymkowiak, Miller, Parent, Taylor, Kopczynski, Newburn and Nemeth) with
<br />ORDINANCE NO. 5697 -74
<br />AN ORDINANCE TO APPROPRIATE $16,300 FROM
<br />THE CUMULATIVE CAPITAL IMPROVEMENT FUND,
<br />LINE ITEM 260.0, AND $146,700 FROM THE
<br />LOCAL ROAD AND STREET FUND TO PROJECT
<br />R & S 61, MICHIGAN STREET -MAIN STREET
<br />CONNECTOR, WITHIN THE LOCAL ROADS AND
<br />STREETS FUND.
<br />the ordinance pass, seconde,
<br />ayes (Councilmen Serge,
<br />Councilman Horvath absent.
<br />his ordinance had second reading. Councilman Newburn made a motion that the ordinance pass,
<br />econded by Councilman Parent. The ordinance passed by a roll call vote of six ayes (Councilmen
<br />erge, Szymkowiak, Parent, Kopczynski, Newburn and Nemeth) and two nays (Councilmen Miller and
<br />ay or) with Councilman Horvath absent.
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