HomeMy WebLinkAbout07-22-74 Council Meeting MinutesREGULAR MEETING _ _ _ --J 974
REGULAR MEETING JULY 22, 1974
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, July 22, 1974, at 7:04 p.m., Council President Peter J. Nemeth
presiding. The meeting was called to order and the Pledge to the Flag was given.
ROLL CALL PRESENT: Councilmen Serge, Szymkowiak,
Miller, Parent, Taylor, Kopczynski,
Horvath, Newburn and Nemeth.
ABSENT: None.
Council President Nemeth announced that the ordinance proposing fair campaign practices in South
Bend, being item 3D on the agenda, would not have public hearing at this meeting and would be con-1
tinued to the August 12th meeting.
Council President Nemeth thanked Miss Virginia Guthrie and Mr. Gene Evans for the copies of the
Civic Cinema that were furnished to the Council members.
Councilman Horvath made a motion to resolve into the Committee of the Whole, seconded by Councilmai
Taylor. The motion carried. i
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, July 22, 1974, at 7:06 p.m., with nine members present. Chairman Odell Newburn
presided. He asked that those persons speaking refrain from using personalities and address the
chair when wishing to speak. He indicated that he wanted 'to conduct an orderly and efficient
meeting.
ORDINANCE AN ORDINANCE APPROPRIATING THE SUM OF
$22,000.00 FROM THE CUMULATIVE SEWER
BUILDING AND SINKING FUND.
This being the time heretofore set for public hearing on the above ordinance, proponents and
opponents were given an opportunity to be heard. Mr. Rollin Farrand, Director of the Department
of Public Works, made the presentation for the ordinance. He explained that the funds would be
used to fund the engineering study and preparation of construction plans for a trunk sewer
extending from the termination of the Cleveland Road sewer at Portage Avenue and Cleveland Road to
Brick Road and the Bypass. He indicated that this sewer construction was planned for the north-
west area recently annexed to the city. He stated that he anticipated that construction costs
would be between $350,000 and $400,000 for the project.
Miss Virginia Guthrie, Consultant and member of the Board of Directors of the Civic Planning
Association, asked about the total cost of the project, and Mr. Farrand stated that $390,000 would
be his preliminary estimate and the funds would be taken from the Cumulative Sewer Fund. Mr. Jim
Wensits, South Bend Tribune reporter, asked about the number of miles of construction in the
project, and Mr. Farrand stated that 17,000 feet of sewer would be needed to reach the area. He
was hopeful that this could be built within 12 to 18 months. Miss Guthrie wondered if there was
any connection with the Industrial Park, and Mr. Farrand stated that there was not. Councilman
Kopczynski asked about the total cost of the project, and Mr. Farrand again stated that he antici-
pated it would cost about $390,000. Councilman Kopczynski wondered how many projects were in the
making at the present time and what the total cost of those projects was. He wondered if there
would be enough money in the fund to complete all the projects. Mr. Farrand stated that there wer
four projects under construction at the present time, and two more projects were in the engineerin,
stages. He felt all the projects could be funded with the money available in the account during
this year and next year. He felt there would be no problem with the northwest sewer construction.
Councilman Kopczynski asked that Mr. Farrand furnish him in writing the cost of the projects,
dates of completion and estimated costs involved. Mr. Farrand stated that that information was
available.
Councilman Szymkowiak made a motion that the ordinance be recommended favorably to the Common
Council, seconded by Councilman Serge. The motion carried.
ORDINANCE AN ORDINANCE TRANSFERRING $8,400.00 FROM
ACCOUNT NUMBER 110.0, "SERVICES PERSONAL ",
TO ACCOUNT NUMBER 726.0, "OTHER EQUIPMENT ",
BOTH ACCOUNTS BEING WITHIN THE REVENUE
SHARING "SUMMER RECREATION PROGRAM" OF THE
REVENUE SHARING TRUST FUND OF THE CITY OF
SOUTH BEND, INDIANA.
This being the time heretofore set for public hearing on the above ordinance, proponents and
opponents were given an opportunity to be heard. Mr. William Hojnacki, Director of the Department
of Human Resources and Economic Development, made the presentation for the ordinance. He stated
that the ordinance was the result of a joint project between the Department of Recreation and the
Department of Human Resources and Economic Development to establish a recreation center in the
southeast neighborhood. He stated that this was part of an overall program that would include
$150,000 in a three -year period from other sources.
Miss Virginia Guthrie, Consultant and member of the Board of Directors of the Civic Planning
Association, asked about the amount of funds being contributed by other agencies. Mr. Melvin
Holmes of the Community Affairs Division of Associates Corporation, indicated that the center
would be called the Franklin Family Center and Boys Club. Miss Guthrie asked about maintenance of
the program, and Mr. Holmes indicated that he had requested a proposal to fund the project for a
three -year period at the rate of $50,000 per year. Miss Guthrie wondered if salaries would be in
addition to the $150,000. Mr. Holmes stated that salaries were not included at this time. Miss
Guthrie asked if there was a building provided, and Mr. Holmes stated that the South Bend Community
School Corporation has provided the Franklin School.
Councilman Serge made a motion that the ordinance be recommended favorably to the Common Council,
seconded by Councilman Parent. The motion carried.
REGULAR MEETING JULY 22, 1974
COMMITTEE OF THE WHOLE MEETING (CONTINUED)
ORDINANCE AN ORDINANCE TRANSFERRING $1,500.00 FROM
ACCOUNT NUMBER 726.0, "OTHER EQUIPMENT ",
TO ACCOUNT NUMBER 333.0, "OTHER INSTITUTIONAL
AND MEDICAL SUPPLIES ", BOTH ACCOUNTS BEING
WITHIN THE MUNICIPAL SERVICES FACILITY
BUDGET OF THE GENERAL FUND OF THE CITY
OF SOUTH BEND, INDIANA.
This being the time heretofore set for public hearing on the above ordinance, proponents and
opponents were given an opportunity to be heard. Mr. Stanley Przybylinski, Manager of the
Municipal Services Facility, made the presentation for the ordinance. He stated that the transfer
was necessitated because of the rising prices being paid for certain required items. He stated
that he was proposing to purchase the following items:
Paint Arrestor Pads (6 cases) .... $200
Water Conditioner Drums (4) 652
Thermatic (2 cases) 250
Liquid Soap (3 cases) ........... 50
Paper Towels (26 cases) .......... 420
Toilet Paper (3 cases) ........... 60
Bowl Cleaner (1 case) ............ 20
Bar Soap (5 cases) ............... 100
Mr. Przybylinski stated that there was a small balance left in the supply account; however, the
transfer was necessary for the purchase of the items. Miss Virginia Guthrie, Consultant and membe
of the Board of Directors of the Civic Planning Association, wondered if the material could be pur
chased at the price it was presently at now, and Mr. Przybylinski hoped this could be done. He
stated that he would purchase as much as possible at the present prices in order to store the
(material and have it on hand until the end of the year.
Councilman Szymkowiak made a motion that the ordinance be recommended favorably to the Common
Council, seconded by Councilman Serge. The motion carried.
ORDINANCE AN ORDINANCE ESTABLISHING FAIR CAMPAIGN
PRACTICES WITHIN THE CITY OF SOUTH BEND.
Council President Nemeth made a motion to continue the ordinance to the August 12, 1974, meeting
of the Council, seconded by Councilman Taylor. The motion carried.
ORDINANCE AN ORDINANCE FIXING THE ANNUAL PAY OF
POLICEMEN FOR THE CALENDAR YEAR 1975.
This being the time heretofore set for public hearing on the above ordinance, proponents and
opponents were given an opportunity to be heard. Councilman Miller, as a member of the Salary
Committee, proposed the following amendments to the ordinance:
Amend Section 3 to read: Any officer receiving less than a $400.00 salary increase
above his salary as of June 30, 1974, may be entitled to a salary schedule adjust-
ment which shall be established $400.00 above his June 30, 1974 salary. This salary
may be set by the Board of Safety prior to January 1, 1975, and shall include night
incentive, promotions, educational incentive, and hazard pay, but shall not apply
to any officer demoted between June 30, 1974, and December 31, 1975.
Amend Salary Schedule to read:
Year of Service Officer
Appoint. Years In Train.
Patrolman
Patrolman First Class
Technician
Corporal Detective
75
0 -1
$8,520
$9,000
74
1 -2
$9,000
9,240
73
2 -3
$9,480
9,480
$9,720
72
3 -4
9,720
9,720
9,960
71
4 -5
9,960
10,200
70
5 -6
10,200
10,440
69
6 -7
10,440
10,680
68
7 -8
10,680
10,920
67
8 -9
10,920
11,160
66
9 -10
11,160
11,400
65
10 -11
.11,400
11,640
64
11 -above
11,640
11,880
Specialist
Year of
Service
Det. Serg.
Appoint.
Years
Sergeant
Lieutenant
Captain
Div. Chief
Chief
75
0 -1
74
1 -2
73
2 -3
$9,960
72
3 -4
10,200
71
4 -5
10,440
70
5 -6
10,680
$11,160
$11,400
69
6 -7
10,920
11,400
11,640
68
7 -8
11,160
11,640
11,880
67
8 -9
11,400
11,880
12,120
66
9 -10
11,640
12,120
12,360
65
10 -11
11,880
12,360
12,600
64
11 -above
12,120
12,600_
12,840
$14,640
$16,560
He stated that, as the salary ordinance existed this year, there was a problem with the education
incentive program. He indicated that the present ordinance provided for such a program for colle
credit. In Indianapolis, this program has been disputed, and it was the feeling of the Council
REGULAR MEETING JULY 221 1974
COMMITTEE OF THE WHOLE MEETING (CONTINUED)
that an adjustment should be made. He also stated that several patrolmen have also requested an
adjustment. Councilman Miller briefly explained the increment levels and longevity. He stated
that the night incentive and hazard pay was proposed to be increased to $240 per year; it was also
proposed that hospitalization be set at $3.50 per pay period; and that a patrolman advance to
corporal upon three years of satisfactory performance. He stated that the proposals amounted to
about a 92% increase for the members of the Police Department.
Mr. Charles Mahank, President of the Fraternal Order of Police, stated that the proposed ordinance
was not acceptable to the F.O.P. as the association had requested an across - the -board increase for
all of its members. Mr. Glen Terry, a policeman, agreed with the principle upon which the
ordinance was presented. He stated that he was aware that the Council and the administration
wanted the best possible police service; however, he felt the ordinance was not in the best
interests of the officers. He hoped the Council would work with the officers to help the community
and give the officers a living wage. Mr. Maurice Cohen, 725 East Eckman Street, felt that a $240
increase per year for a policeman was not fair. He talked about the various salaries of the
cabinet directors. He felt the dedicated police officers should be given more. He stated that
the Police Department was involved in a political game and it was not fair. He briefly talked
about a merit system for the department. He stated that the Mayor and Safety Director had not
reduced the crime rate - -it was the "police officers walking the beat ". Mr. John Haney, Chairman
of the F.O.P. Wage Committee, stated that the Police Chief had been commended for bringing down
the crime rate. He stated that the police officers had done that and had not obtained the adequate
salary they had hoped for in return. Mr. Gene Evans, Executive Secretary of the Civic Planning
Association, presented a statement to the Council members regarding the police and fire salaries.
He stated that the concept of granting increases on the basis of years of service was abandoned in
1970 after being in effect several years. He wondered why it was being reinstated at this point.
He felt there was much more to being a good policeman than merely spending time on the job. He
felt that, if raises are achieved only on the basis of time, there is no real need for personal
achievement. He indicated that the association feared the elimination of personal motivation. He
urged the Council to think of the total costs and not just the cost of the salary increases. The
association also supported the idea that there should be no disparity between police and fire
department salary schedules. Mr. John Peck, on the staff of the Economics Department at Indiana
University of South Bend, stated that he was a consultant for the F.O.P. He indicated that the
police have been asked to be more productive and effective within the past 15 years. He felt the
officers had been asked to accept minimal rewards for their efforts. He felt the salaries given
the past four years were very inadequate. Mr. John Brassell, a Corporal in the Police Department,
felt that the morale of the Police Department was being affected by the salary proposal. He felt
the men would not enjoy their work and would not do a good job because of this. Mrs. Janet Allen,
125 West Marion Street, stated that the proposal for the policemen was not fair because it was to
be given over a period of four years. She mentioned that several appointed employees in the
regular city salary ordinance would be getting a greater increase after only one year of service.
Mr. Frank Schaefer, 1241 Sunnymede Avenue, indicated that he was a teacher by profession, and he
felt the teachers should back the policemen and firemen in their "quest for a living wage ". Mrs.
Elsie Breit, 3017 West Ford, talked about the trashmen within the city receiving $12,000 a year,
and the salary for the police officers. Mr. Thomas Dutrieux, a former member of the Police
Department, stated that he had recently resigned from the force. He expressed his gratitude to
the citizens of South Bend and stated that he regretted leaving but he was offered a higher salary
elsewhere.
Councilman Serge stated that the officers had been given only a $200 increase last year and had not
complained. He felt that the officers should be given whatever was available and equal shares
should be given. Councilman Taylor stated that the Council wanted to pay all that could be paid.
He stated that the purpose of the ordinance was to set up a career pay program. He indicated that
a couple years ago, one of the items mentioned was that "the beginning salary was not all complete
lousy ", but he wondered what happened to the officer who was a veteran on the force. There was
very little difference between the rookies and veterans. He talked about the career pay program
in the teaching field, indicating that, at the time, he thought the program was unfair; however, h
felt the program was a good one and it set up a professional program. He hoped the program could
go into the Police and Fire Departments, and he felt the veterans should be given what they desery
He realized that the younger officers would be disappointed with the proposal but it would benefit
them in the future. He referred to the letter submitted by the Civic Planning Association, and he
felt that the third paragraph relating to personal improvement and motivation meant nothing.
Councilman Szymkowiak felt an across - the -board increase should be given as the only fair way of
doing things. He also asked that there be no disparity between the firemen and policemen.
Councilman Newburn did not want the remarks made that the Council was trying to deprive the police
men and firemen. He felt the educational incentive program was a regressive move. He felt the
officers should prove themselves; the officers should be trained; and the officers should be paid
according to ability. He stated that an across - the -board increase should be a satisfactory way to
handle the matter. Councilman Parent stated that the Council has had many problems in trying to
reach an agreement. The pension, re- organization of the department, educational incentive program
and the amount of money available have been great problems. He felt the present method of nego-
tiating salaries was very inadequate. He felt the proposal of an officer with a college education
coming in as a corporal would aggravate the situation. He felt the matter should be studied furth
He suggested that the Council not consider the re- organization issue at the present time even
though the plan had many merits. He made a motion to amend the ordinance as follows:
Amend the salaries to include a $900 across - the -board increase for all officers.
Amend the night incentive and hazard pay to $240.
The motion was lost due to lack of a second. Councilman Taylor then made a motion that the
ordinance be amended as proposed by Councilman Miller, seconded by Councilman Horvath. Chairman
Newburn requested a roll call vote. The motion lost by a vote of five nays (Councilmen Serge,
Szymkowiak, Parent, Kopczynski and Newburn) and four ayes (Councilmen Miller, Taylor, Horvath and
Nemeth) .
Councilman Horvath then made a motion that the ordinance go to the Council with no recommendation
from the Committee of the Whole, seconded by.Councilman Miller. The motion carried. Councilman
Horvath indicated that he had made such a motion because it appeared the Council could not reach
a decision on the salary ordinance at the present time.
REGULAR MEETING JULY 22, 1974
COMMITTEE OF THE WHOLE MEETING (CONTINUED)
Council President Nemeth made a motion that the two salary proposals for the Fire Department, bei
items 3F and 3G, be considered at the same time, seconded by Councilman Parent. The motion carri
ORDINANCES AN ORDINANCE FIXING THE ANNUAL PAY OF
FIREMEN FOR THE CALENDAR YEAR 1975
and
AN ORDINANCE FIXING THE ANNUAL PAY OF
FIREMEN FOR THE CALENDAR YEAR 1975.
This being the time heretofore set for public hearing on the above ordinance, proponents and
opponents were given an opportunity to be heard. Council President Nemeth briefly indicated that
one of the ordinances dealt with a "more or less" $800 across - the -board increase, and the other
ordinance pertained to the increment pay and longevity. Mr. Dennis DeBuysser, 1221 East Victoria,
President of Local Firefighters 362, expressed the feeling of the association that the Council act
favorably on an across - the -board increase. Council President Nemeth made a motion to amend the
one -page ordinance as follows:
Chief ..................... $16,560
Assistant Chief ........... 14,640
Battalion Chief ........... 12,729
Captain 11,790
Electrician ............... 11,790
Lieutenant ................ 11,438
Engineers ................. 10,733
Fireman First Class ....... 9,480
Fireman ................... 9,000
Fireman in Training ....... 8,520
Add a new Section 3 and Section 4 as follows:
The Common Council recommends that the city contribution to dependent hospitalization
be set at $3.50 per pay period for a total increase of $84.00 per year.
The Common Council recommends that the advancement of rank from Fireman in Training to
Engineer be after three years upon satisfactory performance of duty and recommendation
of the Board of Safety.
Councilman Taylor seconded the motion. Mr. DeBuysser felt the minimum increase that was acceptable
should be $1,200. He thanked the Council for the caucus sessions held with the firemen regarding
the proposed salary ordinances. He stated that Councilman Parent was the first councilman in two
years to take a stand to amend an ordinance as he did with the police salary ordinance, even
though his motion was lost because there was no second. He commended Councilman Parent for that.
Mr. Stanley Ladd, representing the AFL -CIO, stated that the officers were good citizens and good
servants, and he felt the firemen have done a good job. He felt the inequity has existed for many
years and the Council has not stopped it. Mr. Maurice Cohen, 725 East Eckman Street, asked what
happened to the funds in the pension fund. He felt that not all of the funds were used. Mr.
Ernest Rozanski, 4822 Craig Road, the pension secretary, stated that the pension funds are carried
over since recently. He stated that this has not always been true. Mr. Cohen felt the fund was
laying dormant. Miss Virginia Guthrie, Consultant and member of the Board of Directors of the
Civic Planning Association, indicated that the pension fund must pay all the men eligible for
retirement. She stated that this could not be disturbed and used for anything else. She indicate(
that the amount in the police pension fund was $911,643 and the fire pension fund contained
$1,308,678; this money going to the retirees only. Mr. James Brien, 315 Ostemo Place, stated that,
in the costs of the program discussed with the Council, the pension played a relevant issue on what
the officers would get. Mr. Randy Magdalinski, Chairman of the Wage Committee for the firefighter;
indicated that the officers had requested there be no disparity in pay and they wanted an across -
the -board increase of $1,200. He indicated that the Council has the sole right to set salaries.
He asked that it not discriminate against the younger officers. Mrs. Janet Allen, 125 West Marion
Street, talked about the Police Chief and Assistant Fire Chief's salaries. Council President Nemei
indicated that those salaries would be the same. Mrs. Peggy Mahank, 1464 Glenlake Drive, spoke on
behalf of the policemen and firemen and hoped that the Council would approve adequate salary
increases for the officers. Councilman Szymkowiak made a motion to increase all the salaries by
$900 and that there be no disparity between the policemen and firemen, seconded by Councilman Parer
After a brief discussion, Councilman Parent asked that the motion concerning the disparity be with-
drawn. Councilman Szymkowiak withdrew his motion concerning the disparity only. Council Presideni
Nemeth asked about the difference in pension costs. Councilman Taylor asked for the total package
on police and firemen getting a $900 increase. Councilman Miller wondered how many persons were
receiving pensions. Mr. James Barcome, City Controller, indicated that those receiving pensions
consisted of 154 retirees, 53 widows who receive 300 of the first class fireman's pay, and 12
children who receive 10% of the first class fireman's pay. Council President Nemeth mentioned that
the other regular city employees should be given consideration and there should be no disparity
between those employees and the policemen and firemen. Councilman Kopczynski stated that it was
mentioned that the firemen and policemen should be given a "living wage ". He asked what was meant
by a living wage. Mr. DeBuysser indicated that he had not used that phrase but that the firemen
only wanted an adequate cost of living wage. Mr. Walter Lantz, Chief Deputy Controller, stated
that, considering a $900 increase, it would cost approximately $490,000 in salary increases. He
stated that it would be almost impossible to determine the pension cost at the present time.
Council President Nemeth stated that the money must still be budgeted. Councilman Miller stated
that it would be a $620,000 increase in both proposals, including pension. Chairman Newburn asked
for a roll call vote on Councilman Szymkowiak's motion. The motion lost by a vote of five nays
(Councilmen Miller, Taylor, Kopczynski, Horvath and Nemeth) and four ayes (Councilmen Serge,
Szymkowiak, Parent and Newburn). Councilman Parent then made a motion to amend the one -page
ordinance to add the following provision:
Each firefighter shall be paid all of the above holidays whether or not that holiday
represents one of their regular work days.
Councilman Serge seconded the motion. Mr. DeBuysser felt that any firefighter that works a holida;
should be entitled to the holiday pay. He felt the Local 362 would be in favor of Councilman
REGULAR MEETING JULY 22, 1974
COMMITTEE OF THE WHOLE MEETING (CONTINUED)
Parent's amendment. Chairman Newburn asked for a roll call vote on Councilman Parent's motion.
The motion lost by a vote of five nays (Councilmen Miller, Taylor, Kopczynski, Horvath and Nemeth)
and four ayes (Councilmen Serge, Szymkowiak, Parent and Newburn).
Councilman Miller then made a motion that the ordinances go to the Council with no recommendation
from the Committee of the Whole, seconded by Councilman Taylor. The motion carried.
Council President Nemeth made a motion that the Committee of the Whole take a recess, seconded by
Councilman Kopczynski. The motion carried, and the Committee of the Whole recessed at 9:00 p.m.
Reconvened at 10:00 p.m.
ORDINANCE AN ORDINANCE FIXING THE MAXIMUM SALARIES
AND WAGES OF APPOINTED OFFICERS AND
EMPLOYEES OF THE CITY OF SOUTH BEND,
INDIANA, FOR THE YEAR 1975.
This being the time heretofore set for public hearing on the above ordinance, proponents and
opponents were given an opportunity to be heard. Council President Nemeth stated that basically,
and in most cases, the Council had used the following formula in arriving at a decision regarding
the salaries: those employees receiving under $8,000 a year were given a loo increase, and those
employees receiving over $8,000 a year were given an $800 increase. He made a motion to amend the
ordinance as follows:
Clerk of the Boards of Works and Safety ...............................
CityAttorney .......................... ...............................
Controller ............................. ...............................
Chief Deputy Controller ................ ...............................
Director of Personnel .................. ...............................
Buyer ..... .. ....................... ...............................
Printing Technician .................... ...............................
Director, Human Resources .............. ...............................
Administrative Assistant ............... ...............................
Director, Mayor's Action Center ...... ...............................
Assistant Director ..................... ...............................
Civic Center Administrative Assistant .. ...............................
Urban Redevelopment Relocation Officers ...............................
Director, Human Rights ................................................
Field Worker I ......................... ...............................
FieldWorker II ....................... ...............................
Superintendent of Parks ...............................................
Assistant Superintendent of Business ... ...............................
Assistant Superintendent of Maintenance ...............................
Zoo Superintendent and Rink Manager .... ...............................
Florist ........... ......... ......... ...............................
Park General Supervisor .............. ...............................
Park Naturalist - Rum Village .......... ...............................
LaSalle Center Director ................ ...............................
Secretary III .......................... ...............................
Supervisor II .......................... ...............................
King Center Director .. ....
Newman Center, Recreation Director .... ...............................
Supervisors, Recreation Centers ........ ...............................
Recreation Steno I ..................... ...............................
Cashier, Outdoor Pools ................. ...............................
PayGroup I ............................ ...............................
PayGroup II ........................... ...............................
$ 9,200
12,850
16,200
15,000
13,000
9,120
8,270
16,560
-0-
7,920
-0-
9,200
10,500
14,500
10,400
10,800
17,000
11,800
13,000
9,564
9,648
11,000
9,000
9,418
-0-
1,320
9,418
9,300
11,500
-0-
910
'4.85
4.66
Council President Nemeth stated that, in most cases, the hourly wage earners were given a 40� per
hour across - the -board increase.
Sealer of Weights and Measures ......... ...............................
Manager, Substandard Buildings .. ... . ...............................
Director, Communications and Electronics ..............................
RadioTechnician I ..................... ...............................
Radio Technician II ............... ...............................
ApprenticeRadio Technician ............ ...............................
SafetyCoordinator ..................... ...............................
CityEngineer .......................... ...............................
Engineer ..............................................................
Engineering Aide I ..................... ...............................
Engineering Aide II .................... ...............................
Engineering Aide III ................... ...............................
Building Commissioners ................. ...............................
Assistant Building Commissioner .......................................
Manager, Municipal Services Facility - Bureau of Bldg. Maintenance ....
Accounting Clerk IV .............................
AccountingClerk II ...................................................
Building Engineer ..... ..... .
............. ... ...... ...........
Manager, Municipal Services Facility - Bureau of Vehicle Maintenance ..,
ShiftLeader ......................................
Mechanic IV ..... •....................... ..........................
Manager, Bureau of Streets ............. ... . ............................
General Foreman ........................ ...............................
Foreman ... .... ................. ...............................
Manager Municipal Parking .............. ...............................
Manager Parking Meter .................................................
Manager, Traffic and Lighting ................................ ,........
Engineering Aide I ..................... ...............................
EngineeringAide II ...................................................
Traffic Supervisor ..... ............... ...............................
Signal Technician II ................... ...............................
11,800
9,866
13,000
10,415
10,707
-0-
9,700
18,000
11,317
8,968
9,272
10,300
15,538
9,866
12,325
-0-
-0-
4.66
12,800
4.81
4.66
15,000
12,770
11,700
10,225
9,028
13,500
8,968
9,272
4.64
4.86
REGULAR MEETING JULY 22, 1974
COMMITTEE OF THE WHOLE MEETING (CONTINUED)
E.D.P. Manager ........................... ............................... $11,800
Programmer ................................ ............................... 9,500
System Analyst ........................... ............................... 10,300
Meter Foreman ........................................................... 9,564
Job Leader ............................... ............................... 4.87
Heavy Equipment Operator ................. ............................... 4.68
Foreman II ............................................................... 9,563
Foreman III ... • • .............. . ............................... ..... 10,200
Manager, Bureau of Wastewater ............ ............................... 15,000
Superintendent IV ........................ ............................... 13,900
Superintendent III ...................................................... 13,600
Superintendent II ........................ ............................... 13,350
Superintendent I ....................... ............................... 131100
Assistant Superintendent IV • ............. ............................... 12,168
Assistant Superintendent III ............. ............................... 11,966
Assistant Superintendent II .............. ............................... 11,760
Assistant Superintendent I .. .... ..... ........ ................... 11,323
Chief Chemist IV (amend classification only)
Chief Mechanic ........................... ............................... 4.82
Mechanic Master .......................... ............................... 5.00
Mechanic ................................ ............................... 4.66
Electrician ............................................................. 4.82
Yard Man .. ...... .. ................ ............................... 3.43
Chief Mechanic - Sanitation ..... ........... ... .................... 4.82
Mechanic - Sanitation .................... ............................... 4.66
Crane Operator .................................................... 4.68
Auditor II .................... .. ....... ............................... 10,050 Maximum
Auditor III ........................ .................................... 10,051 Minimum
Auditor III ............................................................. 11,250 Maximum
Mayor's Secretary ........................ ............................... 8,500
Cemetery Sexton ...................... ............................... 9,279
Manager, Morris Civic Auditorium ......... ............................... 10,750
Maintenance Technician .................... ............................... 9,700
Barrett Law Clerk ....................................................... 9,190
Legislative Assistant (Common Council) ... ............................... -0-
Councilman Kopczynski seconded the motion. The motion carried. Council President Nemeth indicate(
that the Executive Director in the Youth Services Bureau has been receiving $14,000 since 1972. H(
stated that the Assistant Director was presently receiving the salary listed as was the Director o-
School Coordinator. He stated that the Outreach Worker was presently receiving $8,200 to $8,500.
He then asked about the position of Internal Control Supervisor in the Bureau of Water. Mr. Paul
Krueper, Manager of the Bureau of Water, indicated that, last year, there were two people; one
listed as an Accountant and one as a Analyst. He stated that the two positions were now combined
into one. He also stated that there was no E.D.P. Manager at present as was listed in the
ordinance. Council President Nemeth asked about the position of Fiscal Officer. Mr. Krueper
stated that the Fiscal Officers do not have computer programming. Mr. James Barcome, City
Controller, stated that the Fiscal Officers handle grants and work with computer systems indirectl!
Council President Nemeth made a motion that all positions of Fiscal Officer receive $13,500, seconc
by Councilman Miller. The motion carried. Council President Nemeth then made a motion to strike
the position of E.D.P. Manager, seconded by Councilman Taylor. The motion carried.
Mr. Maurice Cohen, 725 East Eckman Street, stated that, on July 8, 1974, he had questioned the
authority of the Mayor to create new departments and new positions. He stated that it had been
pointed out that, under the cabinet ordinance, the Mayor had that authority. He wondered under
what section in the ordinance the Mayor had been given that authority because he could not find thz
provision anywhere in the cabinet ordinance. Mr. James Roemer, City Attorney,. stated that, if a
new position was created, the Council must approve and fund the position. If a position was create
at a cabinet level, the Common Council would have to approve it; however, if there was a change in
a sub - department, it was his legal opinion that the department head could do this if it did not
involve additional funds. Mr. Cohen felt his question had not been answered. Councilman Newburn
requested that the City Attorney research the issue.
Mr. Michael Lawrence, representing Teamsters Local 364, stated that the union's concern was to ha
the employees given the largest possible increase. He stated that the amendments made by the Cou
would be considered seriously by the union members, and he thanked the Council for the amount of
time given to the union's requests.
Councilman Miller indicated that it was a recommendation of the Council that all employees be
given an increase in their hospitalization of $3.50 per pay period, for a total of $84.00 a year.
Councilman Miller made a motion that the Controller express the wishes of the Council that the
budget include for all city workers an increase in the city's contribution to hospitalization of
$3.50 per pay period, seconded by Councilman Parent. The motion carried.
Mr. Walter Lantz, Chief Deputy Controller, stated that the position of Printing Technician had beer
reduced to below what the position was presently paying. He stated that the position pays $8,317
with another $800 being received from Community Development. He indicated that this $800 had been
included in the proposed amount for that position. Council President Nemeth made a motion to amen(
the salary of the Printing Technician to $9,117, seconded by Councilman Taylor. The motion
carried. Council President Nemeth asked about the positions listed under Community Development,
and Mr. Lantz stated that those positions were based on a 10% increase. Councilman Kopczynski
asked if the Community Development Department would be put into the city budget for next year, and
Mr. Barcome indicated that it would not. Councilman Kopczynski asked about the $800 being taken ul
by the city for the position of Printing Technician. Mr. Barcome stated that this was put into th(
regular city budget.
Mr. James Seitz, Superintendent of Public Parks, stated that on his organizational chart, the
General Park Supervisor was equivalent to the General Park Foreman. He stated that this position
was under the Foreman and the two positions, as amended, were the same figures. Council President
Nemeth made a motion to amend the position of Park General Supervisor to $11,500, seconded by
Councilman Kopczynski. The motion carried.
ON
REGULAR MEETING JULY 22, 1974
COMMITTEE OF THE WHOLE MEETING (CONTINUED)
Mr. Rollin Farrand, Director of the Department of Public Works, stated that the Assistant Building
Commissioner in his previous classification was making $13,700. He stated that the Council had
cut the salary to $9,866. Councilman Kopczynski felt that a new position was being created whether
or not it was needed. Mr. Farrand stated that this individual would be used for inspection and
would provide a carryover. Councilman Kopczynski asked if the Building Commissioner did not have
the time to absorb those duties. Mr. Farrand stated that the Building Commissioner had many other
duties to perform. He felt that the position of the assistant was definitely needed. Councilman
Miller wondered if the assistant was a registered architect, and Mr. Farrand indicated that he was
not registered but was working toward that degree. He could not become the Building Commissioner
until he was registered, according to Mr. Farrand. Councilman Miller made a motion to strike the
position of Assistant Building Commissioner, seconded by Councilman Kopczynski. Mr. Farrand
requested that the position be retained and, after a brief discussion, Councilman Miller withdrew
his motion to strike the position. Councilman Kopczynski stated that any public building must be
designed by a registered engineer or architect and then approved by the state. Councilman Parent
asked about the total positions for the Assistant Building Commissioner, and Mr. Farrand stated
that there was one position paid out of Redevelopment at $13,700 and one position at approximately
$9,000. Councilman Kopczynski stated that the present salary of Assistant Building Commissioner
was $9,066. He wondered about the $13,700 figure. He stated that the position was proposed to be
raised from $9,066 to $13,700, and the Council desired to raise the salary $800 to $9,866. He
stated that those positions that were under Redevelopment were gradually being taken over by the
city. Councilman Szymkowiak wondered if the Assistant Building Commissioner would do other work
for the city, and Mr. Farrand stated that he would do some supervising of the other inspectors and
check on the follow through. Councilman Parent made a motion to amend the salary of the Assistant
Building Commissioner to $15,070, seconded by Councilman Szymkowiak. The motion lost.
Mr. Farrand then talked about the position of Vehicle Maintenance Manager. He stated that this
position involved a great deal, including hiring and firing of personnel. Councilman Miller
wondered about the office of Personnel Director if the Vehicle Maintenance Manager was doing some
of those duties. Councilman Kopczynski briefly talked about the history of the creation of the
Division of Transportation. He felt "some shuffling" had been done. He stated that, before the
position was created, the Building Maintenance Manager had supervisory duties. When the new posi-
tion was created, these duties were taken over. He wondered what the Building Maintenance Manager
did. He stated that his salary remained the same, even though some of his duties and responsi-
bilities were eliminated. Councilman Miller stated that, last year, the Vehicle Maintenance
Manager was created. He stated that many good points have been made regarding that position. He
asked that this be reviewed for one year. Mr. Farrand stated that new personnel had not been hire(
to fill the position but that an employee had been promoted.
Mr. William Hojnacki, Director of the Department of Human Resources and Economic Development,
wondered why the position of Administrative Assistant had been deleted. He stated that this would
probably be funded by federal funds. He stated, in his defense, that he does not receive the use
of a city vehicle and he had accepted his present position at less money than he had been making.
Councilman Szymkowiak could not understand why Mr. Hojnacki had come to work for the city if he
had been making more money elsewhere. Councilman Parent stated that the approach of the Council
was not to bring out the arguments discussed in caucus. He felt that the Council had compromised
a great deal in many areas.
Mr. Gene Evans, Executive Secretary of the Civic Planning Association, presented a letter to the
Council concerning the salary increases of the regular city employees. He stated that the associa
tion did not want the Council to adopt a salary ordinance that could not be administered because
of a lack of revenue. He urged the Council to increase salaries within the total additional reven
which would also cover supplies, equipment and materials. He concluded that the association was
concerned about the fiscal responsibility of the city and was not opposed to salary increases
Mr. Lantz stated that the Apprentice Radio Technician position was presently filled, and the Counc
had deleted that position. He asked that this be reinstated. Council President Nemeth made a
motion to replace the position of Apprentice Radio Technician at $7,656, seconded by Councilman
Parent. The motion carried.
Mrs. Janet Allen, 125 West Marion Street, suggested that the Council not make the amendments until
all the comments had been heard and considered. Chairman Newburn stated that the amendments were
being made at the present time so that there could be discussion from the audience. He stated tha
in the past few months, the Council had been criticized when the amendments had not been made
before comments were heard.
Mrs. Louvenia Cain, 1207 West Washington Street, supported the position of Director of Human
Resources. She stated that Mr. Hojnacki had done a great deal of work and accomplished much in
his position, and she hoped that he would be given an adequate increase. She asked that the scope
of services be explained because she felt the position was justified. Councilman Szymkowiak state
that his only concern regarding that issue was-why Mr. Hojnacki had left a better paying job to co:
to the city and then wanted a bigger increase. Mr. Barcome felt that Mr. Hojnacki was very desery
of the proposed increase. He also stated that Mr. Lantz's income had been supplemented by Communi
Development, and he hoped the Council would re- consider and approve the salary as proposed by the
administration. He spoke very highly of Mr. Lantz and his ability. Council President Nemeth made
a motion to amend the salary of the Chief Deputy Controller to $15,500, seconded by Councilman
Taylor. The motion carried.
Miss Virginia Guthrie, Consultant and member of the Board of Directors of the Civic Planning
Association, wondered about the position of Auditor in the Bureau of Water. She stated that she he
asked that question when the salary ordinance had been introduced and had never received an answer.
Mr. Krueper stated that there were three classifications of Auditor.
Councilman Parent made a motion to amend the salary of the Director of Human Resources to $17,000,
seconded by Councilman Serge. The motion carried. Councilman Miller stated that the scope of
services of the director were well known. He stated that the responsibility of the position has
grown substantially, particularly in the area of manpower. Basically, Mr. Hojnacki was supervisin
a program which the Council had no control over, in Councilman Miller's opinion. He stated that
all programs within the city, whether federal or local, should be approved by the Common Council.
COMMITTEE OF THE WHOLE MEETING (CONTINUED)
Council President Nemeth made a motion to reduce the salary of the Public Safety Director to zero,
seconded by Councilman Kopczynski. Councilman Parent asked about Council President Nemeth's
rationale on eliminating the salary. Council President Nemeth stated that he did not understand
what the Safety Director was responsible to do that the Chief of Police could not do. He stated
that the Council could not delete the position of Chief of Police. Councilman Kopczynski stated
that he tried to vote according to the views of the people he represented in his district. He
stated that he has heard much controversy about the position of Safety Director from many people
and then in public, some of the same people praise the director. He could not understand this.
Councilman Miller stated that the director was a coordinator for federal funds and other periphera:
programs. He did not feel that the Safety Director had instituted major changes. He stated that
he would vote to maintain the position more as a coordinating position. Councilman Szymkowiak
stated that he was against the cabinet ordinance. He indicated that he had nothing against Mr.
Gallagher but that the Fire and Police Departments had chiefs to supervise and operate. He
commended the Police and Fire Chiefs and the policemen and firemen. He felt substandard buildings
could be handled through the Building Department rather than the Department of Safety. He felt
the work that had been done under the Public Safety Director's supervision could be taken up in
other departments. He talked about the appointment of the Crime Commission in an effort to reduce
the crime rate. Councilman Serge felt Mr. Gallagher had proven his worth to the city and had done
a good job. He felt the position should be retained. Councilman Newburn wondered about the
legality of reducing the cabinet. Mr. James Roemer, City Attorney, stated that it appeared, at
salary ordinance time, that the Council must act on the motion made to cut the salary to zero. He
felt the motion was made properly to delete the amount of the salary; however, he indicated that
he wished to speak in Mr. Gallagher's behalf. He spoke also on behalf of the executive branch of
the government, and he stated that he was involved in the case of a personal friend. He indicated
that he has worked closely with Mr. Gallagher on numerous occasions. He felt the position of
Public Safety Director was very essential and that many policies were implemented by Mr. Gallagher
which have helped to reduce the crime rate. He requested that the position not be deleted, on
behalf of the administration and himself. Councilman Newburn stated that the Council must face
the issue and a third man would not be- needed if the department did their jobs. He felt that, as
long as the position was there, it would not work effectively because the departments did not want
it to work. Council President Nemeth requested a roll call vote on his motion to reduce the salar,
of the Public Safety Director to zero. Mr. Patrick Gallagher, Public Safety Director, asked if he
could speak on his own behalf. He thanked the councilmen who had worked closely with him and had
tried to understand what was being done in the city during the past 18 months as it pertained to
public safety matters. He felt that, if it was a question of accountability, he must account to
himself and he felt that he had done that. He stated that, at one time, no one knew how to run a
Department of Public Safety, and he felt that now everyone knew how to do it. He felt he had
dealt well with the many problems he had encountered. He stated that he had made a promise to
the citizens sometime ago and he had kept his promise to the people of South Bend. He felt that
everything run under the Department of Public Safety was effective. He presumed that the councilor(
have read the ordinance dealing with the duties and responsibilities of the position. He felt that
if the Council went down the checklist, there would not be any one area where it could fault the
performance of what had taken place in the last 18 months. The motion to reduce the salary to
zero was lost by a vote of three ayes (Councilmen Szymkowiak, Kopczynski and Nemeth) and six nays
(Councilmen Serge, Miller, Parent, Taylor, Horvath and Newburn). Councilman Miller then made a
motion that the salary of the Public Safety Director be set at $16,000. The motion was lost due
to lack of a second. Councilman Taylor then made a motion that the salary be set at $16,600,
seconded by Councilman Parent. Chairman Newburn requested a roll call vote, and the motion carriec
by a vote of five ayes (Councilmen Serge, Parent, Taylor, Horvath and Newburn) and four nays
(Councilmen Szymkowiak, Miller, Kopczynski and Nemeth).
Mr. Lantz indicated that the Council had requested the present salaries of the various positions
within the Community Development Department. He stated that the salaries were as follows:
Executive Director ... .... ............ $23,200
Intergovernmental Coordinator /Grants ....... 8,599
Intergovernmental Coordinator .............. 13,200
Auditor II................ ................. 9,250
Bookkeeper /Secretary ...... 7,364
Accounting Clerk III ....................... Same as
Financial Administrator .................... 13,700
Auditor III . ............................... Same as
Planner 12,000
Project Director ........................... 6,227
Secretary II ...... Same as
Chief Financial Advisor 5,000
Inspector III 8,319
Executive Secretary ...................... o. 8,182
Administrative Secretary ................... 6,700
Secretary III 6,200
Secretary II 5,700
Secretary I . ............................... 5,200
Assistant Director ......... .............. 13,635
Bookkeeper ................ ............... 6,240
Architect ... ............................... 10,182
Engineer .... ............................... 12,700
Property Management ........................ 11,700
Real Estate Officer ........................ 11,700
Draftsman ... ............................... 8,364
Clerk ....... ............................... 5,400
Maintenance . ............................... 5,200
Auditor II in the city
Auditor III in the city
city
Councilman Kopczynski wondered about the position of Chief Financial Advisor. He stated that it u
quite a title for only $5,000 a year. Mr. Lantz indicated that the position was not supplemented.
Council President Nemeth asked about the position of Administrative Secretary, and Mr. Lantz state
that this would fit into the Accounting Clerk III category. Mr. Barcome stated that there were
some positions in the Community Development Department that the federal government approves.
Council President Nemeth made a motion to amend the salaries of the various positions within the
Department of Community Development, as follows:
REGULAR MEETING JULY 22, 1974
COMMITTEE OF THE WHOLE MEETING (CONTINUED)
Community Development Executive Director ..............................
Intergovernmental Coordinator ......... ...............................
Intergovernmental Coordinator /Grants Person ...........................
Auditor II ........................... ...............................
Accounting Clerk III ................... ...............................
Financial Administrator ................ ...............................
Auditor III ............................ ...............................
Planner ................................ ...............................
Secretary II ........................... ...............................
Inspector III .......................... ...............................
Secretary III .......................... ...............................
Secretary II ........................... ...............................
Secretary I ............................ ...............................
Assistant Director ......................
Architect (Redevelopment) .............. ...............................
Engineer ............................... ...............................
Property Management .................... ...............................
Real Estate Officer .................... ...............................
Councilman Miller seconded the motion. The motion carried.
$24,000
14,000
9,399
-0-
-0-
14,500
-0-
12,800
-0-
-0-
-0-
-0-
-0-
14,435
11,000
-0-
12,500
12,500
Miss Guthrie asked why the position of Manager of the Bureau of Water had been increased so sub-
stantially. Council President Nemeth indicated that the Council had felt the position was very
essential.
Councilman Horvath made a motion that the ordinance be recommended favorably to the Common Council
as amended, seconded by Councilman Serge. The motion carried.
There being no further business to come before the Committee of the Whole, Councilman Parent made
a motion to rise and report to the Council and recess, seconded by Councilman Kopczynski. The
motion carried, and the Council recessed at 12:10 a.m.
ATTEST:
CITY CLERK
REGULAR MEETING - RECONVENED
ATTEST:
CHAIRMAN
Be it remembered that the regular meeting of the Common Council of the City of South Bend, Indiana
reconvened in the Council Chambers at 12:35 a.m., Council President Nemeth presiding and nine
members present.
REPORT FROM THE COMMITTEE ON MINUTES
To the Common Council of the City of South Bend:
Your committee on the inspection and supervision of the minutes, would respect-
fully report that they have inspected the minutes of the July 8, 1974, regular meeting
of the Council and found them correct.
They, therefore, recommend that the same be approved.
s/ Peter J. Nemeth
Councilman Taylor made a motion that the report be accepted as read and placed on file and the
minutes.be approved, seconded by Councilman Kopczynski. The motion carried.
REPORT FROM THE COMMITTEE OF THE WHOLE
Councilman Taylor made a motion to waive the reading of the report of the Committee of the Whole,
seconded by Councilman Serge. The motion carried by a roll call vote of nine ayes (Councilmen
Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth).
REPORTS FROM AREA PLAN COMMISSION
The Honorable Common Council
City of South Bend
County -City Building
South Bend, Indiana 46601
July 17, 1974
In Re: A proposed ordinance and site development plan of the Estate of Estelle C.
Cover to zone from "B" Residential, "A" Height and Area, to "C" Commercial,
"A" Height and Area, property located at the southwest corner of the inter-
section of South Michigan Street and East Chippewa Avenue, City of South
Bend.
Gentlemen:
The attached petition of the Estate of Estelle C. Cover was legally advertised
July 6 and July 13, 1974. The Area Plan Commission gave it a public hearing July 16,
1974, at which time the following action was taken:
"A motion by Kenneth Woods was seconded by Joseph Simeri to favorably
recommend the petition of the Estate of Estelle C. Cover to the Common
Council, subject to a final site plan.
Ralph Stonebraker said that the proposed use is consistent with the
Land Use Plan and the staff, therefore, recommends that it be favorably
recommended to the Common Council and the preliminary site plan be approved.
REGULAR MEETING JULY 22, 1974
REGULAR MEETING - RECONVENED (CONTINUED)
REPORTS FROM AREA PLAN COMMISSION (CONTINUED)
Mr. Woods' motion was then unanimously carried."
The above recommendation is made subject to a final site plan and the preliminary
site plan is attached hereto.
The deliberations of the Area Plan Commission and points considered in arriving
at the above decision are shown in the minutes of that public hearing and will be for-
warded to you at a later date to be made a part of this report.
Very truly yours,
s/ Richard S. Johnson
RSJ /ch Executive Director
cc: Warren McGill
First Bank & Trust Co., Trust Officer
Councilman Kopczynski made a motion that the ordinance referred to in the report be set for public
hearing and second reading on August 12, 1974, seconded by Councilman Taylor. The motion carried.
The Honorable Common Council
City of South Bend
County -City Building
South Bend, Indiana 46601
July 17, 1974
In Re: A proposed ordinance and site development plan of Dr. Ronald Milovich to
zone from "B" Residential, "B" Height and Area, to "C" Commercial, "A"
Height and Area, property located at 2822 South Michigan Street, City of
South Bend.
Gentlemen:
The attached rezoning petition of Dr. Ronald Milovich was legally advertised
July 6 and July 13, 1974. The Area Plan Commission gave it a public hearing July 16,
1974, at which time the following action was taken:
"A motion by Joseph Bajdek was seconded by John Peddycord to unfavorably
recommend the petition of Dr. Ronald Milovich, as amended, to the Common
Council as the proposed use is not consistent with the Land Use Plan.
Ralph Stonebraker said that the applicant is proposing an incremental or
spot utilization which does not encompass the remainder of the block. The
site has severe limitations to adequately provide parking.
Mr. Bajdek's motion was then carried, with Roger Parent abstaining."
The deliberations of the Area Plan Commission and points considered in arriving
at the above decision are shown in the minutes of that public hearing and will be for-
warded to you at a later date to be made a part of this report.
RSJ /ch
cc: Dr. Ronald Milovich
Very truly yours,
s/ Richard S. Johnson
Executive Director
Councilman Taylor made a motion that the ordinance referred to in the report be set for public
hearing and second reading on August 12, 1974, seconded by Councilman Miller. The motion carried.
REPORT FROM THE DIRECTOR OF THE DEPARTMENT OF LAW
Council President Nemeth indicated that the City Attorney had furnished the Council with a written
quarterly report.
PETITIONS TO AMEND ZONING ORDINANCE
I (We), the undersigned, do hereby respectfully make application and petition
the Common Council of the City of South Bend, Indiana, to amend the Zoning Ordinance
of the City of South Bend, Indiana, as hereinafter requested, and in support of this
application, the following facts are shown:
1. The property sought to be rezoned is located on the East side of Bendix
Drive, between Green Street and Bonds Avenue, in the City of South Bend,
Indiana.
2. The property is owned by Bendix Corporation.
3. A legal description of the property is as follows:
Lots Numbered Thirty (30) through Thirty -four (34), inclusive, as shown
on the recorded Plat of Westchester, First Unit, in the City of South
Bend, St. Joseph County, Indiana.
4. It is desired and requested that the foregoing property be rezoned from "B"
Residence Use and "A" Height and Area District to "C -1" Commercial Use and
"C" Height and Area District.
5. It is proposed that the property will be put to the following use and the
following building will be constructed: drug store.
REGULAR MEETING LTITLY 22,1974
(REGULAR MEETING - RECONVENED (CONTINUED)
IPETITIONS TO AMEND ZONING ORDINANCE (CONTINUED)
6. Number of off - street parking spaces to be provided: 34.
7. Attached is a copy of (a) an existing plot plan showing my property and
other surrounding properties; (b) names and addresses of all the individuals,
firms or corporations owning property within 300 feet of the property sought
to be rezoned; (c) site development plan.
Petition Prepared by
Jack C. Dunfee, Jr.
s/ Jack C. Dunfee, Jr.
Attorney for Petitioner,
Ray Debshaw
6th Floor, First Bank Bldg.
South Bend, Indiana 46601
219 - 233 -1171
I (We), the undersigned, do hereby respectfully make application and petition the
Common Council of the City of South Bend, Indiana, to amend the zoning Ordinance of the
City of South Bend as hereinafter requested, and in support of this application, the
following facts are shown:
1. The property sought to be rezoned is located at the intersection of the
1700 block of North Cushing Street and the 800 block of West Beale Street;
specifically, the southwest corner.
2. The property is owned by Sam Mercantini, 11825 River Drive, Mishawaka,
Indiana.
3. A legal description of the property is as follows:
Lot Numbered Two Hundred Forty -five (245) as shown on the recorded
Plat of Northwest Addition, in St. Joseph County, Indiana.
4. It is desired and requested that the foregoing property be rezoned from
"A" Residential Use and "A" Height and Area District to "B" Residential
Use and "A" Height and Area District.
5. It is proposed that the property will be put to the following use and the
following building(s) will be constructed: the construction of two buildings
containing sixteen (16) dwelling units.
6. Number of off - street parking spaces to be provided: 32.
7. Attached is (a) an original ordinance and 25 copies; (b) an original petition
and 20 copies; (c) a $10 filing fee; (d) an existing plot plan showing my
property and other surrounding properties; (e) names and addresses of all
the individuals, firms or corporations owning property within 300 feet of
the property sought to be rezoned; and (f) 5 copies of a site development
plan.
Petition Prepared by
Richard D. Doyle
s/ Robert V. Batteast
Petitioner
1229 E. Madison Street
South Bend, Indiana
Council President Nemeth indicated that action on the petitions could be taken when the ordinances
pertaining to the petitions had first reading.
(ORDINANCES, SECOND READING
(ORDINANCE NO. 5703 -74
AN ORDINANCE APPROPRIATING THE SUM OF
$22,000.00 FROM THE CUMULATIVE SEWER
BUILDING AND SINKING FUND (Portage Road -
Brick Road Trunk Sanitary Sewer).
This ordinance had second reading. Councilman Newburn made a motion that the ordinance pass,
seconded by Councilman Taylor. The ordinance passed by a roll call vote of nine ayes (Councilmen
Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth).
ORDINANCE NO. 5704 -74
AN ORDINANCE TRANSFERRING $8,400.00
FROM ACCOUNT NUMBER 110.0, "SERVICES
PERSONAL ", TO ACCOUNT NUMBER 726.0,
"OTHER EQUIPMENT ", BOTH ACCOUNTS BEING
WITHIN THE REVENUE SHARING "SUMMER
RECREATION PROGRAM" OF THE REVENUE
SHARING TRUST FUND OF THE CITY OF
SOUTH BEND, INDIANA.
This ordinance had second reading. Councilman Serge made a motion that the ordinance pass,
seconded by Councilman Horvath. The ordinance passed by a roll call vote of nine ayes (Councilmen
Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth).
ORDINANCE NO. 5705 -74 AN ORDINANCE TRANSFERRING $1,500.00
FROM ACCOUNT NUMBER 726.0, "OTHER
EQUIPMENT ", TO ACCOUNT NUMBER 333.0,
"OTHER INSTITUTIONAL AND MEDICAL
(continued)
REGULAR MEETING JULY 22, 1974
REGULAR MEETING - RECONVENED (CONTINUED)
ORDINANCE NO. 5705 -74 (CONTINUED)
SUPPLIES ", BOTH ACCOUNTS BEING WITHIN
THE MUNICIPAL SERVICES FACILITY BUDGET
OF THE GENERAL FUND OF THE CITY OF SOUTH
BEND, INDIANA.
This ordinance had second reading. Councilman Horvath made a motion that the ordinance pass,
seconded by Councilman Taylor. The ordinance passed by a roll call vote of nine ayes (Councilmen
Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth).
ORDINANCE AN ORDINANCE ESTABLISHING FAIR CAMPAIGN
PRACTICES WITHIN THE CITY OF SOUTH BEND.
Councilman Kopczynski made a motion to continue the ordinance to the August 12, 1974, meeting of
the Council, seconded by Councilman Parent. The motion carried.
ORDINANCE NO. 5706 -74
AN ORDINANCE FIXING THE ANNUAL PAY OF
POLICEMEN FOR THE CALENDAR YEAR 1975.
This ordinance had second reading. Councilman Miller made a motion to amend the ordinance as
follows:
Amend Section 3 to read: Any officer receiving less than a $600.00 salary increase
above his salary as of June 30, 1974, may be entitled to a salary schedule adjustment
which shall be established $600.00 above his June 30, 1974, salary. This salary may
be set by the Board of Safety prior to January 1, 1975, and shall include night
incentive, promotions, educational incentive, and hazard pay, but shall not apply
to any officer demoted between June 30, 1974, and December 31, 1975.
Amend the Salary Schedule as proposed to be amended in the public hearing portion
of the meeting by Councilman Miller.
Councilman Taylor seconded the motion. Council President Nemeth asked about the cost using the
$600 figure. Councilman Miller indicated that the cost would be about $250,000, and the differencE
between the $400 as proposed in the public hearing and the $600 figure would be about $12,000.
(Councilman Serge asked if this took care of the educational incentive. Councilman Miller stated
that this cuts the maximum down and would limit that matter. He also stated that the insurance
(package would apply and that a patrolman could advance to corporal after three years of satisfac-
tory performance. Councilman Parent stated that he had earlier made a motion to go for a $900
across - the -board increase. He stated that his motion had lacked a second and this present proposal
was a compromise of the various proposals. He stated that he still had some differences with the
plan; however, he would vote in favor of the amendments because he felt it was the best proposal
thus far. He felt a committee should be established to study the issue. Council President Nemeth
wondered how the $600 figure would affect the patrolmen. Councilman Miller stated that no officer
would receive less than the $600 figure. The motion to amend carried.
ICouncilman Taylor made a motion that the ordinance pass, as amended, seconded by Councilman Parent.
The ordinance passed by a roll call vote of six ayes (Councilmen Miller, Parent, Taylor, Horvath,
Newburn and Nemeth) and three nays (Councilmen Serge, Szymkowiak and Kopczynski).
ORDINANCE AN ORDINANCE FIXING THE ANNUAL PAY OF
FIREMEN FOR THE CALENDAR YEAR 1975.
Councilman Parent made a motion to strike the ordinance from the files, seconded by Councilman
Taylor. The motion carried.
ORDINANCE NO. 5707 -74 AN ORDINANCE FIXING THE ANNUAL PAY OF
FIREMEN FOR THE CALENDAR YEAR 1975.
This ordinance had second reading. Councilman Miller made a motion to amend the ordinance as
proposed to be amended in the public hearing portion of the meeting by Council President Nemeth,
seconded by Councilman Parent. The motion carried. Councilman Taylor then made a motion that the
ordinance pass, as amended, seconded by Councilman Horvath. The ordinance passed by a roll call
vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath,
Newburn and Nemeth).
(ORDINANCE NO. 5708 -74
AN ORDINANCE FIXING MAXIMUM SALARIES AND
WAGES OF APPOINTED OFFICERS AND EMPLOYEES
OF THE CITY OF SOUTH'BEND, INDIANA, FOR
THE YEAR 1975.
This ordinance had second reading. Councilman Horvath made a motion to amend the ordinance as
amended in the public hearing portion of the meeting, seconded by Councilman Taylor. The motion
carried. Councilman Horvath made a motion that the ordinance pass, as amended, seconded by
Councilman Taylor. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge,
Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth).
IRESOLUTIONS
IRESOLUTION NO. 433 -74
A RESOLUTION TO APPROVE.THE CONTRACT
BETWEEN THE CITY OF SOUTH BEND;,;THROUGH
ITS BOARD OF WASTEWATER COMMISSIONERS, AND
FERGUSON FABRICATION, INC. IN CONNECTION
WITH THE CONSTRUCTION OF (3) X- TRUDE -A -BED
TRUCK BODIES TO BE USED FOR THE REMOVAL OF
LIME SLUDGE AT THE WASTEWATER TREATMENT PLANT.
WHEREAS, the Board of Wastewater Commissioners advertised for bids, for lime
sludge removal bodies on June 17, 1974; and
REGULAR MEETING JULY 22 1974
REGULAR MEETING - RECONVENED (CONTINUED)
RESOLUTION NO. 433 -74 (CONTINUED)
WHEREAS, Ferguson Fabrication, Inc. was the only acceptable bidder at $17,714.25;
and
WHEREAS, there has been established a Sewage Works Construction Fund to handle the
costs of the plant expansion.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend,
Indiana, that:
SECTION I. The above mentioned contract is hereby approved by the Common Council
of the City of South Bend, Indiana.
SECTION II. This resolution shall be in full force and effect from and after its
passage by the Common Council, and its approval by the Mayor.
s/ Walter M. Szymkowiak
Member of the Common Council
A public hearing was held on the resolution at this time. Mr. Michael Vance, Fiscal Officer,
explained that, on December 17, 1973, a contract was approved by the Council for the purchase of
cab and chassis for lime sludge removal at the treatment plant. He stated that now the bodies
were being requested. Councilman Serge made a motion that the resolution be adopted, seconded by
Councilman Parent. Councilman Kopczynski wondered what type of mechanism would be involved, and
Mr. Vance indicated that this would involve cables. Councilman Kopczynski felt there would be a
problem with this type of mechanism. Mr. Vance stated that the Bureau of Streets utilizes this
type of mechanism, and he stated that the department has experienced some problems with the cables;
however, he felt the equipment would work in this particular instance. Councilman Kopczynski
expressed concern about using this type of machinery when experience has shown there were problems
with it. The resolution was adopted by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak
Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth).
RESOLUTION NO. 434 -74 A RESOLUTION OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND REQUESTING THAT
THE STATE OF INDIANA ENACT LEGISLATION
WHEREBY THE STATE OF INDIANA WOULD
COMPLETELY FUND POLICE AND FIRE PENSIONS.
WHEREAS, the City of South Bend, Indiana, is a second class city and has been
mandated by statute to provide certain pension benefits for police and firemen of said
city.
WHEREAS, the pension act requires that the city shall pay the excess of the
estimated expenditures over the estimated receipts in said pension fund. It has been
the experience of the police and fire pension trustees that the expenditures always
exceed the receipts in said fund, and it has been required by statute that a tax levy
be enacted to fund the police and fire pension fund.
WHEREAS, the Common Council of the City of South Bend strongly feels that, since
the State of Indiana requires by statute that cities shall pay said pensions and do their
own funding, the State of Indiana should enact legislation whereby the state would com-
pletely fund said police and fire pensions to relieve the burden upon the local taxpayers
since said burden is a result of a mandate by the State of Indiana.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend,
Indiana, that:
SECTION I. The State of Indiana enact legislation to provide that police and fire
pension unds be completely funded by the State of Indiana.
SECTION II. This Resolution shall be in full force and effect from and after its
adoption by the Common Council and approval by the Mayor.
s/ Peter J. Nemeth
Member of the Common Council
A public hearing was held on the resolution at this time. Council President Nemeth indicated that
the resolution was prepared at the request of the Council. He explained that the state legislature
sets the amount of money to be paid to the pension fund; however, the local government must fund tl
program with property taxes. He stated that the resolution proposes that the state should also fur
the pension if it sets it, especially in view of the fact that the tax rate for the City of South
Bend is frozen. Mr. James Brien, a fireman, wondered why this resolution had not been adopted or
proposed sooner. Councilman Serge made a motion that the resolution be adopted, seconded by
Councilman Parent. The resolution was adopted by a roll call vote of nine ayes (Councilmen Serge,
Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). During the public
hearing held on Resolution No. 435 -74, this resolution was amended. See minutes of public hearing
for Resolution No. 435 -74.
RESOLUTION NO. 435 -74 A RESOLUTION OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND SUPPORTING AND
APPROVING THE CONCEPT OF REVENUE SHARING.
WHEREAS, the City of South Bend desires to continue to participate in the Federal
Revenue Sharing Act under Title I of the State and Local Fiscal Assistance Act of 1972.
WHEREAS, the act contemplates that the local units of government are to use said
funds for public safety, environmental protection, public transportation, health,
recreation, libraries, social services for the poor or the aged, and financial
administration.
REGULAR MEETING A7d
REGULAR MEETING - RECONVENED (CONTINUED)
RESOLUTION NO. 435 -74 (CONTINUED)
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend
that:
SECTION I. The Common Council of the City of South Bend fully supports the general
revenue sharing program.
SECTION II. The Common Council desires and requests that the Congress of the United
States enact legislation to continue the general revenue sharing program beyond its
initial five -year period.
SECTION III. This Resolution shall be in full force and effect from and after its
adoption by the Common Council and approval by the Mayor.
s/ Peter J. Nemeth
Member of the Common Council
A public hearing was held on the resolution at this time. Council President Nemeth indicated that
this was another resolution sponsored by the Council supporting the concept of general revenue
sharing. He proposed that the resolution be amended as follows:
Section I to read: The Common Council of the City of South Bend fully supports the
general revenue sharing program.
Section II to read: The Common Council desires and requests that the Congress of the
United States enact legislation to continue the general revenue sharing program beyond
its initial five -year period.
Section III to read: This Resolution shall be in full force and effect from and after
its adoption by the Common Council and approval by the Mayor.
Councilman Parent so moved, seconded by Councilman Newburn. The motion carried. Councilman
Kopczynski made a motion that the resolution be adopted, as amended, seconded by Councilman
Taylor. The resolution was adopted by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak,
Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth).
Councilman Parent then made a motion to reconsider Resolution No. 434 -74, just adopted by the
Council, seconded by Councilman Taylor. The motion carried. Councilman Parent made a motion to
amend the resolution in Section II to include approval by the Mayor, seconded by Councilman Taylor,
The motion carried. Councilman Parent then made a motion that the resolution be adopted, as amend(
seconded by Councilman Horvath. The resolution was adopted by a roll call vote of nine ayes
(Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth).
IRESOLUTION NO. 436 -74
A RESOLUTION OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND SUPPORTING THE
PROPOSITION THAT THE STATE OF INDIANA
SHOULD ENACT LEGISLATION PROVIDING FOR
STATE AND REVENUE SHARING SIMILAR TO
THE PRESENT CONCEPT OF FEDERAL REVENUE
SHARING.
WHEREAS, the Common Council of the City of South Bend, Indiana, realizes the
burdensome financial standing of local units of government and the burden upon the tax-
payers of said local units of government as a result of tax levies.
WHEREAS, the Common Council of the City of South Bend also realizes that the
State of Indiana has enjoyed in the past surplus monies as a result of the state sales
tax and the state gasoline tax.
WHEREAS, the Common Council of the City of South Bend feels that these surplus
monies could be returned to the local units of government and to the taxpayers by
implementing a program of state revenue sharing similar to the existing federal revenue
sharing program.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend,
Indiana, that:
SECTION I. The Common Council of the City of South Bend strongly supports the
proposition that the State of Indiana enact legislation in the form of a state revenue
sharing program to return to local units of government and the taxpayers residing therein,
based upon population, surplus monies existing as a result of other forms of state taxa-
tion.
SECTION II. This Resolution shall be in full force and effect from and after its
adoption by the Common Council and approval by the Mayor.
s/ Peter J. Nemeth
Member of the Common Council
A public hearing was held on the resolution at this time. Council President Nemeth stated that thi
was another resolution requested by the Council that, if the state has surplus monies, the establi:
ment of a revenue sharing program be considered as with the federal government. Councilman Miller
made a motion to amend the resolution to insert the words "based upon population" in Section I at
the end of the fourth line; strike the word "and" in the title of the ordinance in the fourth line;
and in Section II include approval by the Mayor, seconded by Councilman Parent. The motion carriec
Councilman Horvath made a motion that the resolution be adopted, as amended, seconded by Councilmar
Taylor. The resolution was adopted by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak,
Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth).
REGULAR MEETING: JULY 22 1974
REGULAR MEETING RECONVENED (CONTINUED)
ORDINANCES, FIRST READING
ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68,
AS AMENDED, COMMONLY KNOWN AS THE ZONING
ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA
(CHAPTER 40, MUNICIPAL CODE) - east side of
Bendix Drive between Green Street and Bonds
Avenue.
This ordinance had first reading. Councilman, Taylor made a motion that the ordinance, along with
the petition, be referred to the Area Plan Commission, seconded by Councilman Horvath. The motion
carried
ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING
CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH
BEND, INDIANA (intersection of Cushing and
Beale Streets).
This ordinance had first reading. Councilman Horvath made a motion that the ordinance, along with
the petition, be referred to the Area Plan Commission, seconded by Councilman Taylor. The motion
carried.
ORDINANCE AN ORDINANCE APPROPRIATING $44,800.00 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 ITS DEPARTMENT OF PUBLIC SAFETY.
This ordinance had first, reading. Councilman Newburn made a motion that the ordinance be set for
public hearing and second reading on August 12, 1974, seconded by Councilman Taylor. The motion
carried.-
PRIVILEGE OF THE FLOOR
Miss Virginia Guthrie, Consultant and member of the Board of Directors of the Civic Planning
Association, requested that the Council consider sending a resolution to the Congress eliminating
the requirement of a - separate - salary ordinance in addition to the regular city budget.
Captain Edward Friend, Police; Officer, felt there was a problem with the amendment made to the
salary ordinance of the policemen concerning the "base" pay. Councilman Miller indicated that the
words "base pay" was not used in the amendment, and he explained the intent of the amendment.
There being no further business to come before the Council,.unfinished or new, Councilman`Kopczynsk
made a motion to adjourn, seconded by Councilman Taylor. The motion carried, and the meeting
adjourned at 1 :15 a.m.
ATTEST: AP OVED:
CITY CLERK PRESIDENT f
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