HomeMy WebLinkAbout08-12-74 Council Meeting Minutes++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++
REGULAR MEETING - AUGUST 12, 19741
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, August 12, 1974, at 7:04 p.m., Council President Peter J. Nemet
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.
Councilman Horvath made a motion to resolve into the Committee of the Whole, seconded by Councilman
Taylor. The motion carried.
COMMITTEE OF THE WHOLE MEETING
Be it remembered that the Common Council of the City of South Bend met in the Committee of the Wholi
on Monday, August 12, 1974, at 7:05 p.m., with nine members present. Chairman Odell Newburn presid
ORDINANCE AN ORDINANCE TO AMEND SECTION 15 -16 OF THE
MUNICIPAL CODE OF THE CITY OF SOUTH BEND,
INDIANA, AS AMENDED.
This being the time heretofore set for public hearing on the above ordinance, proponents and
opponents were given an opportunity to be heard. Mr. James Groves, Attorney at Law practicing at
2210 American National Bank Building, indicated that he was representing Courtesy Cab in its reques
for an increase in taxicab rates. He stated that there were two sections to the existing ordinance
which were being amended. The waiting time was requested to be amended from $4.00 to $6.00 and the
amount of fare from 10� per one -half mile to 104 per one -fifth mile. He requested that the
ordinance he had filed on June 18 be amended in Section 1 to read "10� for each additional one -fift
of a mile" instead of the twenty -five cent figure and the one -half mile figure. Council President
Nemeth made a motion to so amend the proposed ordinance, seconded by Councilman Kopczynski.. The
motion carried.
REGULAR MEETING AUGUST 12, 1974
COMMITTEE OF THE WHOLE MEETING (CONTINUED)
Miss Virginia Guthrie, Consultant and member of the Board of Directors of the Civic Planning
Association, stated that the waiting time increase was 50 %. She questioned this, and Mr. Groves
stated that the waiting time is very infrequently invoked. He indicated that the waiting time doe;
involved the use of gasoline, as well as time. Miss Fanny Grunwald, 227 South Frances Street,
wondered how much time the passenger would be allowed to enter the cab. Mr. Richard Ellis, Preside
of Courtesy Cab, stated that Mishawaka's rates were higher; likewise, many other cities the size o:
South Bend. He indicated that he does not turn the meter on for short periods of time. Mr. Kevin
Butler, Attorney at Law practicing at 1221 St. Joseph Bank Building, indicated that he was repre-
senting South Bend Cab and Indiana Yellow Cab. He stated that an understanding had been worked
out and agreement had been reached on the amended ordinance. He requested that the effective date
of the ordinance be September 1, 1974. Councilman Newburn wondered about the cost involved for
those disabled persons in the handling of packages, etc. Mr. Groves stated that the drivers would
display common decency and courtesy in occasions of that type, and he felt sure the drivers would
not take advantage of a handicapped person. Councilman Szymkowiak also expressed concern for the
handicapped and the elderly in the handling of groceries, etc. Councilman Kopczynski stated that
the taxicab business was a private business. He felt that some of the points made were out of
order because if the people did not feel the cab companies were doing their jobs, they did not
have to ride that cab. Councilman Serge expressed support of the increase in the waiting time and
felt that sometimes, the passengers take advantage of that.
Council President Nemeth made a motion to further amend the ordinance to show an effective date of
September 1, 1974, seconded by Councilman Kopczynski. The motion carried. Councilman Taylor then
made a motion that the ordinance, as amended, be recommended favorably to the Common Council,
seconded by Councilman Kopczynski. The motion carried.
ORDINANCE AN ORDINANCE APPROPRIATING $150,000.00
FROM THE FEDERAL ASSISTANCE GRANT FUND.TO
A NEW FEDERAL ASSISTANCE PROGRAM AND
ACCOUNT, PROGRAM F.A. 62, SOUTH BEND PUBLIC
TRANSPORTATION CORPORATION SUBSIDY, ACCOUNT
NO. 631.0, "GRANTS AND SUBSIDIES ", TO BE
ADMINISTERED BY THE DEPARTMENT OF
ADMINISTRATION AND FINANCE 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. Robert J. DuComb, Sr., Legal Counsel for
the Public Transportation Corporation, made the presentation for the ordinance. He stated that
the administration was requesting the appropriation of $150,000 for the PTC. He talked about the
problems that the PTC has had with the frozen tax rate. He stated that a compromise had been
accepted; however, the PTC still had been "left short of revenue" for operating expenses. He
indicated that no other source of revenue was available other than the fares and a small amount of
money from the fuel tax. He talked about the inflation problem and the rising costs in fuel, etc.
He stated that no bids had been received on fuel, and this was just one of the problems the PTC ha
been faced with. He indicated that the request for funds would not allow for expansion but would
enable the PTC to operate at a necessary level of service.
Miss Virginia Guthrie, Consultant and member of the Board of Directors of the Civic Planning
Association, stated that the Civic Planning Association has recognized the present problem but was
concerned about the future of the PTC. She hoped the company would consider a modest increase in
the fares in order to increase its revenue. Mrs. Janet Allen, 125 West Marion Street, felt that
every time fares are increased, the income goes down because customers are lost. She felt that, is
adequate bus service to and from the outlying areas was available, more income would be realized.
Councilman Kopczynski asked about the administration of the program. Mr. DuComb stated that,
legally speaking, the money must be allocated from the administration. Councilman Kopczynski askei
if the Department of Administration and Finance would be involved in the actual administration and
use of the funds. Mr. DuComb felt the ordinance was correct in its present wording and felt there
would be no problem. Mr. James Roemer, City Attorney, stated that the administration has the
responsibility to the federal government for proper spending of the funds; therefore, the administ:
tion must "administer" but not make the decision on day -to -day spending, etc. Councilman Parent
wondered about the possibility of cutting back routes rather than using revenue sharing funds. Mr
DuComb stated that employees would have to be laid off and additional revenues would be lost. He
was not sure what kind of a loss would be realized if routes were cut back. Councilman Horvath
asked about the steps being taken for next year if the income was not sufficient to meet expenses.
Mr. DuComb stated that the PTC was hopeful that the legislature would come up with operating
subsidies for the various public transportation corporations out of state funds. If this would no-
be available, a cutback would have to be made at that time. Councilman Horvath asked about the
purchase of additional buses. He wondered about the possibility of purchasing mini - buses. Mr.
DuComb answered by stating that the mini -buses have been tried in other cities. Unfortunately,
95% of the overhead of the mini -buses was the driver. He talked about experimenting with smaller
buses in certain areas. He stated that full capacity was needed sporadically and the mini -buses
would not be adequate during those periods of time. He also mentioned that maintenance of the min:
buses was a problem. Councilman Serge felt the bus business would improve, and he talked about the
route signs being installed. Councilman Kopczynski indicated that the assistant manager was now
taking over in the absence of the manager. Mr. DuComb stated that that was correct as the manager
had resigned because of illness, and a board had been established to find a method of new manage-
ment. Councilman Kopczynski asked if the bus corporation intended to change the type of managemen-
Mr. DuComb indicated that he could not speak on behalf of the board because a recommendation had nc
been made. Councilman Szymkowiak stated that the budget must be cut where necessary if income was
not above operating expenses. He felt the assistant manager should be retained to carry out the
program. Councilman Parent commended the Public Transportation Corporation and Mr. DuComb for his
assistance.
Councilman Parent made a motion that the ordinance be recommended favorably to the Common Council,
seconded by Councilman Taylor. The motion carried.
ORDINANCE AN ORDINANCE ESTABLISHING FAIR CAMPAIGN
PRACTICES WITHIN THE CITY OF SOUTH BEND.
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 made the presentation
t
REGULAR MEETING AUGUST 12 1974
ICOMMITTEE OF THE WHOLE MEETING (CONTINUED)
for the ordinance. He talked about the dramatic events that have taken place since the Watergate
break -in. He felt tragedy had befallen the nation, and he felt it could be dangerous to allow ver
large amounts of money as contributions to political candidates. He stated that an escalation in
the spending was also seen in campaigns. He felt the Council should study and try to determine if
there was a remedy to the problem, such as campaign reform. He quoted from an article in the Sout
Bend Tribune whereby W. Joseph Doran, St.-Joseph County Democratic Chairman, had supported campaig
reform. He stated that the news media has also indicated support for campaign reform. Finally,
the citizens have requested the need for campaign reform. He stated that his purpose for writing
the ordinance was to try and be reasonable and practical regarding campaign reform. He talked abo
the 1% club which was a method of raising political funds from contributions of employees which
amounted to 1% of their income. He stated that, as far as he was aware, this practice was not
required by law, and he felt there was unfairness regarding this fund because some employees con-
tributed and others did not. He wondered about who made the determination of who contributed and
where the funds were spent. He referred to Section V of the proposed ordinance and stated that he
felt solicitation should not be allowed. He referred to a statement made by the City Attorney in
support of that. He stated that Section VI merely reaffirmed the state law that prohibited police
men and firemen from engaging in political activities. He felt there was not any question on
whether or not the Council could pass such an ordinance. Regarding Section VII, he stated that th
$100 figure was used but was subject to rational discussion, and he indicated that the League of
Women Voters questioned the subparagraph under Section VII (b) regarding a donor's spouse. He
stated that this could be amended, if desired. He felt that politicians would be more apt to go
out and solicit funds and seek support of the citizens if such an ordinance was passed. He
mentioned disclosure, indicating that he had considered it and perhaps disclosure could be require
on donations over $100, if desired. He felt that, by limiting the amount to $100, disclosure woul
not be necessary. He talked about pre - emption by the state. He stated that the City Attorney had
alluded to that. He explained Section VII (a) regarding limitations on candidates' expenditures.
He felt the amount of $100 was subject to further debate and discussion. He indicated that a
suggestion had been made by the City Attorney to prohibit the political activities during working
(hours of city employees; likewise, the use of city equipment, supplies, etc. He proposed the
following amendments to the ordinance:
Section III (c) (1) to read: a gift, subscription, loan, advance, or deposit of money
or anything of value (except a loan of money by any governmentally regulated financial
institution in the ordinary course of business), made for the purpose of influencing
the nomination for election, or election, of any person to City Office.
Section VI to read: Acknowledgement of state law prohibiting policemen and firemen
from engaging in political activities. The Council recognizes and supports Indiana
Code 18- 1 -11 -9 which reads as follows: It shall be unlawful for such commissioners of
public safety, or any person holding any position on such fire or police forces, to
solicit any person to vote at any election for any candidate, or to challenge any
voter, or in any manner attempt to influence any elector at such election, or to be a
delegate or candidate for delegate to any political convention, or to solicit for any
candidate for, or delegate to, such convention, or to be a member of any political
committee. Any person violating any provision of this section shall be fined not
exceeding Five Hundred Dollars ($500.00), to which may be added imprisonment in the
County Jail not exceeding six (6) months.
In Section V, fifth line to read: purpose whatever, from any other such officer or
employee (deleting the words "or person ").
Amend Section XIII to VIII.
Mr. Gregory Petry, 318 East Victoria, indicated that he was a high school history government
instructor. He wondered what could be done to enable candidates to present themselves to the publi
He asked if the proposed ceilings on contributions and expenditures were adequate to insure the
promotion of less affluent candidates. He asked if the present political policy of a 1% club was
fair. He felt that campaign reform was necessary to insure democratic government. He felt that an
good candidate could organize and raise sufficient funds without "tapping any single contributor fo
more than $100 ". He talked about the expenditures of the candidates themselves. He felt some
consideration should be given to the candidates running at large. He stated that any incumbent
usually "has the edge" because he is in the public's eye every day. He suggested that some conside
tion be given to placing a stringent limitation on the expenditures of the incumbent candidate. Mr
Petry indicated that he did not favor the 1% club as a method of political contribution. He hoped
there would be an investigation of the 1% club on how much was contributed, who gets the money,
where the money is spent, etc. He proposed the addition of subparagraphs in Section VII to paragra
(a) as follows:
Any incumbent candidate or political committee acting in the furtherance of the nomina-
tion or election of said candidate shall not expend any money that will cause the
cumulative amount expended on behalf of that candidate to exceed 850 of the annual
salary paid for the previous calendar year for the city office which the candidate
seeks.
Any candidate running for the City Council on an at large basis shall be permitted to
expend 15% more than the annual salary paid for the previous calendar year for the city
office which the candidate seeks.
Mr. Petry concluded by indicating that he supported adequate campaign reform. Chairman Newburn
requested the City Clerk to read into the record the statement prepared by the Community Action
Program of the UAW CAP Council, as follows:
August 12th, 1974
To: South Bend City Council
County -City Building
South Bend, Indiana
Gentlemen:
The St. Joseph County UAW CAP Council feels that the furtherance of fair and equitable
campaign practices is a necessary requirement for the proper function of our Democratic
system. While many current events point out the need for better legislative control of
REGULAR MEETING A11CUST 1 2 , 1974
COMMITTEE OF THE WHOLE MEETING (CONTINUED)
this area, we should not rush head long into a program of reform which is not well con-
ceived and capable of curing the actual problems. The ordinance being considered is
overzealous in its restrictions of some activities and totally lacking in its avoidance
of others.
While we do not feel that a public official should use his office to coerce a person
into making political contributions, we also do not feel that public officials or public
employees should be prohibited from participating in this aspect of the political process.
Similarily, we feel that the ordinance is too restrictive in prohibiting policemen and
firemen from any type of political activity when it does not affect the performance of
their duty. While misuse of public positions should be prohibited, public employees
should not be reduced to 2nd class citizen status.
The UAW is not opposed to the principle of campaign contributions of any reasonable
amount but feel that the evil occurs when favors are returned by officials to the con-
tributors. We feel the best possible way of safeguarding against this type of special
interest group favors is through complete disclosures of campaign contributions. This
would provide the public with a better format for understanding the sometimes puzzling
decisions reached particularly with respects to business interest groups by public
officials.
While we of the UAW believe this ordinance was initiated with honorable intentions,
we do not feel that it is the best possible approach to the problem and therefore oppose
passage of it at this time.
Yours very truly,
s/ Phil D. Crone, Chairman
St. Joseph County UAW CAP Council
Mrs. Margaret Kenney, 1329 North St. Joseph Street, representing the League of Women Voters,
stated that the league approved the concept of a fair campaign ordinance. She hoped there could bE
a section added on disclosure before election, and that any person of voting age may make the
maximum contribution of $100. She stated there should be a limit on party contributions. She
concluded by stating that the league suggested that an Elections Commission be established to
enforce the ordinance independently. Mr4 Ed Soltesz, 402 Altgeld, indicated that he was to speak
on behalf of the UAW CAP Council. He stated that the letter written by Mr. Crone and read by the
City Clerk spoke for itself, and he hoped every member of the Council would read and study the
letter. Mr. Maurice Cohen, 725 East Eckman Street, supported Council President Nemeth's ordinance
wholeheartedly. He felt the 1% club was very unfair and employees should not be forced to contri-
bute funds in order to keep their jobs with the city. Mr. W. Joseph Doran -, St. Joseph County
Democratic Chairman, residing at 1119 North Francis Street, talked about campaign reform and the
integrity of the former county chairman and himself. He felt the system was great as long as it
was properly accounted for. He felt the ordinance was restricting some people; however, he stated
that he was not against the ordinance. He stated that he has turned the books of the Central
Committee over to an accounting firm to be audited, and this was not required of him to do. He
talked about the state 2% club and felt it was needed to cover costs and expenses incurred; howeve3
he felt it was wrong to force an employee to contribute. He felt the system was working,and he
concurred with the ordinance provided that further study be given and participation be encouraged
rather than restricted. Ms. Patricia Barrett, 710 Park Avenue, representing the Women's Political
Caucus, stated that the caucus supported the concept of the proposed ordinance but suggested cer-
tain amendments:
Striking the phrase "or other political purpose" in Section III (f) because of its
broadness.
Amend Section VII (b) regarding the personal contribution of $100, as follows: No
person shall contribute to any candidate or political committee from his or her
personal funds or the personal funds of his or her minor children a sum in excess
of $100. Either spouse may make a contribution in his or her own name of a sum not
to exceed $100 from family funds. For the purposes of this subsection, "minor children"
includes all children under the age of 18, "family funds" shall be defined as the
funds of either spouse.
Amend Section VII (e) regarding the filing of a sworn statement, as follows: In
addition to . shall file a sworn statement listing the names and addresses of
contributors who have contributed not less than, $25 nor more than $100 and the amount
of each contribution. In addition, the sum total of contributions received in amounts
less than $25 shall also be listed. This sworn statement shall also include the total
amount of expenditures made by the candidate or on his behalf.
Ms. Barrett further recommended that the ordinance state specifically with whom or what office the
sworn statement should be properly and legally filed. She objected to the usage of masculine
pronouns in the language laws and suggested that an effort be made to eliminate sex discrimination
in the usage of the masculine pronouns only. Mrs. Elsie Breit, 3017 Ford Street, talked about a
certain official who did not require his employees to contribute to the 1% club. She stated that
this person, himself, has never contributed to the 1% club. She felt that, if politics was not
involved in the Police Department and Fire Department, the problems that existed now would not be
present. Mr. James Roemer, City Attorney, felt campaign reform was a worthwhile subject. He
stated that he had presented a seven -page legal opinion to Council President Nemeth, with copies
to the other Council members, in response to a request by the Council President. He talked about
pre - emption of the state regarding campaign reform, such as political contributions, and penalties
for coercement. He stated that the -city could not attempt to govern civil relationship. He talker
about the Hatch Act which prohibited federal employees from being involved in political campaigns.
He stated that he had some serious constitutional questions concerning the vagueness of the ordinax
He indicated that the amendments proposed by Council President. Nemeth, in his opinion, might not
answer all objections to the ordinance. He hoped further time could be given to the study of the
proposed amendments and any further amendments to the ordinance. He talked about disclosure of
personal finances of candidates as an issue to consider. Council President Nemeth asked that those
persons who had made suggestions or amendments to the ordinance leave a copy of those amendments
with the City Clerk in order that the Council could consider all the suggestions.
:e.
REGULAR MEETING AUGUST 12, 1974
(COMMITTEE OF THE WHOLE MEETING (CONTINUED)
(Councilman Taylor made a motion to recess, seconded by Councilman Kopczynski. The motion carried,
and the Committee of the Whole recessed at 9:10 p.m. Reconvened at 9:38 p.m.
Councilman Taylor stated that there had been a great deal of input at the meeting regarding the
ordinance. He made a motion to continue the public hearing on the ordinance until the September 2
1974, regular Council meeting, seconded by Councilman Horvath. Councilman Parent stated that, in
general, he was in favor of the ordinance; however, he wanted a full public disclosure of contri-
butions and the addition of a personal financial disclosure of public officials. He talked about
the "pegging of the campaign funds to the amount of the salary of the office ". He felt the right
of city employees to participate in campaigns was restricted. He was of the opinion that the
incumbent was placed at a definite advantage over the challenger by setting the same maximum to be
expended. He urged the Council members to publish their personal financial statements as he had
done since he had been in office. The motion carried.
ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING
CHAPTER 21 OF THE MUNICIPAL CODE OF SOUTH
BEND, INDIANA (southwest corner of Michigan
and Chippewa).
This being the time heretofore set for public hearing on the above ordinance, proponents and
opponents were given an opportunity to be heard. Mr. James Harrington, Attorney at Law, practicing
at 645 First Bank Building, stated that he was the attorney for the Estate of Estelle Cover. He
introduced Mr. Steve Kompar, Vice President and Trust Officer of the First Bank and Mr. Wallace
Pritz, a developer. He referred to an overhead of the property soughtto be rezoned. He stated
that the area was presently zoned "B" Residential and it was being requested that the area be zoned
to "C" Commercial. Part of the southern area, at present, had already been zoned commercial. He
indicated that the building to be constructed, which would be adjacent to Main Street with entrance
on that street, consisted of a retail grocery store, drug store and greenery store, and a separate
retail carpet store and professional office building. He stated that commercial establishments
extended south to Ireland Road in the immediate vicinity on the same side of Michigan. Also, off
Chippewa, there were more commercial establishments. He felt the shopping facility, as proposed,
would be a convenience for the people in the area. He stated that parking constituted 75% of the
area and the buildings constituted 25% as required. It was hoped employment would be increased
50 -60 people, with a payroll of $500,000. The assessed valuation was determined to be approximatel
$400,000. The drives and traffic patterns have been approved and the area has been found to be
consistent with the Land -Use Transportation Plan. Mr. Harrington indicated that the Area Plan
Commission has approved the preliminary site plans for the property. Mr. Maurice Cohen, 725 East
Eckman Street, talked about the committee formed by the Council President regarding the rezoning
of this property. He wondered if the committee had made any recommendation concerning the issue.
Councilman Parent, as chairman of the special Committee on Governmental Procedure, stated that the
committee was to report on the procedure used in the original filing of the petition and not the
merits of the rezoning by First Bank and Trust Company. He hoped the report would be forthcoming
after adoption of the budgets. Council President Nemeth asked about the land deeded to the city
for the connector. Mr. Harrington stated that this was deeded in June. Council President Nemeth
wondered if the right -of -way the city took was included in the rezoning, and Mr. Harrington
indicated that it was not.
Councilman Serge made a motion that the ordinance be recommended favorably to the Common Council,
seconded by Councilman Taylor. The motion carried.
INANCE 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) - 2822 South
Michigan Street.
This being the time heretofore set for public hearing on the above ordinance, proponents and
opponents were given an opportunity to be heard. Dr. Ronald Milovich, 1949 Renfrew, made the
presentation for the ordinance. He explained that he and his associate had purchased and remodeled
a building at 2822 South Michigan Street for their practice. It was proposed that the basement are
could be used for rental property since it was remodeled. He stated that much of the area on
Michigan Street was commercial, and he hoped the Council would act in favor of the request to zone
the property to commercial. Councilman Szymkowiak was of the opinion that the property should be
rezoned to "C -1" as it would be a more restrictive classification to future owners. He asked if
another establishment was going to be utilized in the building. Dr. Milovich indicated that it
was hoped a beauty shop could be housed in the building. Councilman Szymkowiak hoped there would
be no problem with parking. Dr. Milovich asked about the "C -1" classification and how that would
affect his plans for the property. Councilman Taylor explained that "C -1" would allow the beauty
shop in the building; however, it was a more restrictive classification than just "C" Commercial.
Councilman Szymkowiak made a motion to amend the ordinance to "C -1 ", seconded by Councilman
Kopczynski. Chairman Newburn indicated that he would not recognize that motion as there had been a
brief discussion that a few councilmen wished to comment further. It was indicated by Council
President Nemeth that discussion could continue after the motion, and he made a motion to amend the
ordinance as follows:
Amend title to read: An Ordinance amending and supplementing Chapter 21 of the Municipal
Code of the City of South Bend, Indiana.
Amend Section 1 to read: Chapter 21 of the Municipal Code of the City of South Bend,
Indiana, be and the same is hereby amended, supplemented and changed in Section 21 -6 thereof
to provide that the following described real estate located in the City of South Bend,
Indiana, to -wit:
Lot #27 - Plat of Eckman and Eckman
be and the same hereby is changed in its Use District Regulation Classification from "B"
Residential, "B" Height and Area, to "C -1 Commercial, "B" Height and Area, the same to
conform with the site development plan submitted herein.
Amend Section 2 to Read: This ordinance shall be in full force and effect from and after
its passage by the Common Council, its approval by the Mayor and legal publication.
COMMITTEE OF THE WHOLE MEETING (CONTINUED)
Councilman Kopczynski seconded the motion. The motion carried. Councilman Parent was concerned
about the parking situation. Dr. Milovich indicated that he has talked to Mr. Albert Hans, owner
of the establishment across Michigan Street, about the possibility of using some of his parking
area. He submitted a letter to Councilman Parent from Mr. Hans whereby he agreed to lease some
parking to Dr. Milovich. Councilman Parent made a motion that the ordinance be recommended
favorably to the Common Council, as amended, upon the condition that an agreement is worked out
for additional parking. The motion was lost due to lack of a second.
Councilman Kopczynski then made a motion that the ordinance be recommended favorably to the Common
Council, as amended, 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 being the time heretofore set for public hearing on the above ordinance, proponents and
opponents were given an opportunity to be heard. Police Division Chief Donald Foy made the
presentation for the ordinance. He referred to a letter written by Mr. Gallagher on July 17, 1974
regarding the overtime foot patrol and its effectiveness in Census Tract No. 29. During the four -
month period of March through June, there had been a substantial 16.7% reduction in the volume of
Part I offenses compared to a 9.5% reduction city -wide. In June, a 32% reduction was realized
when compared to June, 1973. He stated that there has been an increase in crimes in Census Tract
No. 6, and for that reason, it was determined the foot patrol should be moved into that area. It
was hoped the patrol could be used in that area for the remainder of the year. He urged the Counc:
to act favorably on the proposed ordinance.
Miss Virginia Guthrie, Consultant and member of the Board of Directors of the Civic Planning
Association, asked about the period of time covered by the amount requested, and Chief Foy
indicated that the amount would fund the program from September 1 through December 31, 1974. Miss
Guthrie asked if the patrol had been used only in one area, and Chief Foy indicated that, in the
past, the patrol had only been used in Census Tract No. 29. Mr. Maurice Cohen, 725 East Eckman
Street, expressed support of the appropriation. He commended the officers on the foot patrol for
their efforts. Mr. James Russell, 1517 North Fremont, asked about reports of police brutality in
the southeast side. Chief Foy indicated that some reports have been received in that area. Mr.
Russell indicated that some of the residents of the southeast side have been harrassed by the
police and there has been police brutality. He felt some of the young people in the southeast sid
have been threatened. He referred to some of the officers as being "misfits ", to which Mr. James
Roemer, City Attorney, objected. He stated that he was objecting to the use of the word "misfits"
as it pertained to the officers of the Police Department, and he asked for a point of order. He
asked that the issue of the appropriation be considered. Chairman Newburn indicated that Mr.
Russell's comments were related to the ordinance being considered; however, he cautioned Mr.
Russell on his using certain words in describing the Police Department. Mr. Russell urged that
the Council delay action on the ordinance and investigate the situation of police brutality.
Councilman Kopczynski asked about the change in the population shift from certain sections of the
city, more particularly in the southeast side. Chief Foy indicated that houses were being
demolished and there was a population change in Census Tract No. 29. Councilman Kopczynski
wondered if the Police Department had made any effort to coordinate the foot patrol program into
the regular duties of the patrolmen. He talked about the problem of not hearing everything when
the officers were driving air - conditioned cars. For that reason, he felt the foot patrol was
necessary. He wondered if continued revenue sharing funds would have to be used in order to keep
the program going. Chief Foy indicated that there were no plans at the present time to do that.
Councilman Kopczynski felt that this would be worthwhile if the program was such a success as
claimed. Chief Foy indicated that additional officers would have to be considered in order to
cover the area on foot. He felt the city could not - afford to have foot patrols in every district.
Councilman Kopczynski indicated that he was not requesting the use of foot patrols in every area.
He hoped consideration would be given to including the program in the regular city budget so that
revenue sharing funds would not have to be used. He felt that, by using two men in each car, some
of the men could walk the beat while others patrol in cars nearby. He stated that, as he saw the
situation, there were no plans being made -to incorporate the walking patrol into the regular budge
Councilman Miller asked about the balance left in the account. Chief Foy stated that he was not
sure, but he thought the funds were available until the end of August. Councilman Miller wanted
to make sure that the complaint expressed regarding police brutality was taken care of. Chief Foy
stated that he handled the complaints if the complaints were against uniformed officers. He
mentioned consideration by the Human Rights Commission and the Board of Public Safety, also.
Councilman Parent felt the foot patrol was only one tool in an effective police department. He
urged passage of the ordinance. Councilman Szymkowiak talked about the.possibility of using the
small motorcycles for patrol purposes. He felt the cycles should be used. Chief Foy stated that
the license plates were just issued last month and the vehicles have not been used as yet. He
stated that the vehicles were initially intended to be used in patrolling the mall area. Councilm
Kopczynski asked for a study of the feasibility of incorporating the foot patrol into normal polic
work and the city budget. He stated that, many times, when questions are asked and letters writte
by the Council, there are no answers. He felt the Council was entitled to receiving answers for
these questions. Chief Foy stated that every month he submits a report to his superior. Chairman
Newburn indicated that he wanted to personally meet with the City Attorney, Chief Foy and the
administration concerning the complaint of police brutality by Mr. Russell. He could not understa
Mr. Roemer's objection to that request. Mr. Roemer stated that he was most concerned about the us
of the word "misfits" as it related to the Police Department. He stated that he would be very
willing to consent to a meeting concerning police brutality complaints.
Councilman Parent made a motion that the ordinance be recommended favorably to the Common Council,
seconded by Councilman Taylor. The motion carried.
There being no further business to come before the Committee of the Whole, Councilman Kopczynski
made a motion to rise and report to the Council, seconded by Councilman Taylor. The motion carri
(ATTEST:
1147" 14� �_ --- - -
CITY CLERK
ATTE
CHAIRMAN
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REGULVR U 1
REGULAR MEETING - RECONVENED (CONTINUED)
Mr. Maurice Cohen, 725 East Eckman Street, indicated that he had some time ago asked for a clari-
fication on whether or not the Mayor had the authority to create additional bureaus without Counci:
approval. He wondered about this, and Council President Nemeth indicated to Mr. Cohen that this
issue could be discussed during the privilege of the floor portion of the meeting.
ORDINANCES, SECOND READING
ORDINANCE NO. 5709 -74
AN ORDINANCE TO AMEND SECTION 15 -16 OF THE
MUNICIPAL CODE OF THE CITY OF SOUTH BEND,
INDIANA, AS AMENDED.
This ordinance had second reading. Councilman Horvath made a motion to amend the ordinance as
amended in the Committee of the Whole, seconded by Councilman Parent. The motion carried.
Councilman Serge then made a motion that the ordinance pass, as amended, seconded by Councilman
Parent. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak,
Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth).
ORDINANCE NO. 5710 -74
AN ORDINANCE APPROPRIATING $150,0'00.00
FROM THE FEDERAL ASSISTANCE GRANT FUND
TO A NEW FEDERAL ASSISTANCE PROGRAM AND
ACCOUNT, PROGRAM F.A. 62, SOUTH BEND
PUBLIC TRANSPORTATION CORPORATION SUBSIDY,
ACCOUNT NO. 631.01, "GRANTS AND SUBSIDIES ",
TO BE ADMINISTERED BY THE DEPARTMENT OF
ADMINISTRATION AND FINANCE OF THE CITY OF
SOUTH BEND, INDIANA.
This ordinance had second reading. Council President Nemeth asked if there was to be an amendment
to the ordinance regarding the program number. Mr. Walter Lantz, Deputy Controller, felt there
would be no legal questions; however, separate account numbers were used for the bookkeeping systei
and program 62 had already been used previously. Councilman Newburn made a motion to amend the
ordinance by changing the program number to F.A. 69 rather than F.A. 62, seconded by Councilman
Taylor. The motion carried. Councilman Newburn then 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).
ORDINANCE AN ORDINANCE ESTABLISHING FAIR CAMPAIGN
PRACTICES WITHIN THE CITY OF SOUTH BEND.
Councilman Horvath made a motion to continue the ordinance to September 23, 1974, seconded by
Councilman Taylor. The motion carried.
ORDINANCE NO. 5712 -74 AN ORDINANCE AMENDING AND SUPPLEMENTING
ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY
KNOWN AS THE ZONING ORDINANCE OF THE CITY
OF SOUTH BEND, INDIANA (CHAPTER 40, MUNICIPAL
CODE) - 2822 South Michigan Street.
This ordinance had second reading. Councilman Taylor made a motion to amend the ordinance as
amended in the Committee of the Whole, seconded by Councilman Kopczynski. The motion carried.
Councilman Taylor then made a motion that the ordinance pass, as amended, seconded by Councilman
Kopczynski. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak,
Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth).
ORDINANCE NO. 5711 -74 AN ORDINANCE AMENDING AND SUPPLEMENTING
CHAPTER 21 OF THE MUNICIPAL CODE OF SOUTH
BEND, INDIANA (southwest corner of Michigan
and Chippewa).
This ordinance had second reading. Councilman Taylor made a motion that the ordinance pass,
seconded by Councilman Serge. The ordinance passed by a roll call vote of nine ayes - (Councilmen
Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth).
(ORDINANCE NO. 5713 -74
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 second reading. Councilman Newburn made a motion that the ordinance pass,
seconded by Councilman Parent. Council President Nemeth stated that the Council had requested
reports concerning the foot patrol program and had only been provided with a conclusion of those
statistics. He felt that the Council had not been provided with the adequate information. He
hoped this would not continue. Councilman Kopczynski made a motion to direct the City Clerk to
write a letter concerning this matter, seconded by Councilman Parent. That motion carried. There
was a call for the question on the original motion, and the ordinance passed by a roll call vote
of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn
and Nemeth).
RESOLUTIONS
RESOLUTION NO. 437 -74 A RESOLUTION FINDING AND ADJUDGING THAT
THE FINANCING OF FACILITIES FOR OSTHIMER,
INC., AN INDIANA CORPORATION, BY THE
ISSUANCE BY THE CITY OF SOUTH BEND,
INDIANA, OF ITS INDUSTRIAL DEVELOPMENT
(continued)
REGULAR MEETING AUGUST 12, 1974
REGULAR MEETING - RECONVENED (CONTINUED)
(RESOLUTION NO. 437 -74 (CONTINUED)
REVENUE BONDS PERTAINING TO SUCH FACILITIES
FOR SUCH ENTITY WILL BE OF BENEFIT TO THE
HEALTH OR WELFARE OF THIS MUNICIPALITY,
AND APPROVING THE FINANCING THEREFOR.
WHEREAS, the Common Council of the City of South Bend, Indiana, heretofore has
created the South Bend Development Commission, hereinafter referred to as "Commission ",
pursuant to the provisions of the Public Law No. 183 of the Acts of the General Assembly
of Indiana, for 1973, as such may be amended from time to time, including but not
limited to IC 18- 6 -4.5 -2 through IC 18- 6- 4.5 -28, hereinafter referred to as the "Act ";
and
WHEREAS, Osthimer, Inc. has filed an application with the Commission to finance
the acquisition of real estate and the construction thereon of an industrial and
manufacturing building (facilities) which will constitute economic development
facilities resulting in a substantial number of new jobs as well as other benefits;
and
WHEREAS, in connection therewith the Commission has prepared and placed on file
a report containing the subject matter as specified in Section 16 of IC 1973, 18 -6 -4.5
and has forwarded copies thereof to the Chairman of the Area Plan Commission and to the
Superintendent of the School Corporation in the area of which the facilities will be
located, and has timely received favorable reports from each of them; and
WHEREAS, the Commission held a public hearing on the proposed financing of such
facilities on July 19th, 1974, after giving the required notice as provided for in
Section 17 of IC 1973, 18- 6 -4.5; and
WHEREAS, the Commission at such meeting by a duly adopted written resolution,
incorporated herein by reference, found that the proposed financing complies with the
purposes and provisions of the Act, and approved such financing, including, but not
limited to, the forms and terms of the financing agreement consisting of the Lease and
Trust Indenture and the Bonds; and
WHEREAS, this Common Council of the City of South Bend, Indiana, now finds that
the proposed financing of such facilities for Osthimer, Inc. will be of benefit to the
health or welfare of the City of South Bend, Indiana, and that, accordingly, this
resolution should be adopted.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend,
Indiana, that:
Section 1. Such financing for Osthimer, Inc., an Indiana Corporation, under the
Act be and the same is hereby approved.
Section 2. This resolution shall be in full force and effect from and after its
passage by the Common Council and approval by the Mayor.
s/ Roger 0. Parent
Councilman
A public hearing was held on the resolution at this time. Mr. Kenneth Fedder, Attorney for the
South Bend Development Commission, indicated that Osthimer, Inc. was a printing firm involved in
the offset and letter press printing. He stated that the commission desired to involve itself in
smaller operations, as well as large expansions, and this facility would be constructed in the
Airport III expansion program. He indicated that the commission had met on July 19, 1974, and
determined that the proposed financing was of benefit to the community. He introduced Mr. James
Kuehl, the attorney representing Osthimer, Inc.
Councilman Parent made a motion that the resolution be adopted, seconded by Councilman Kopczynski.
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. 438 -74 A RESOLUTION PROVIDING FOR THE ACQUISITION
AND CONSTRUCTION OF AN ECONOMIC DEVELOPMENT
PROJECT AND THE LEASING OF THE SAME TO
MARILYN BROWN, RAEL F. BROWN, SHIRLEY B.
WAKS AND BEATRICE L. NEVEL, AND ST. JOSEPH
INSURANCE AGENCY, INC., AN INDIANA CORPORATION,
DOING BUSINESS AS ST. JOSEPH -BROWN BUILDING
COMPANY, AN INDIANA GENERAL PARTNERSHIP;
AUTHORIZING THE ISSUANCE AND CONFIRMING
THE SALE OF $995,000 PRINCIPAL AMOUNT OF
ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES
1974 (ONE PLAZA PLACE BUILDING), FOR THE
PURPOSE OF PAYING THE COST OF ACQUIRING AND
CONSTRUCTING THE ECONOMIC DEVELOPMENT PROJECT
AND NECESSARY EXPENSES INCIDENTAL THERETO,
AUTHORIZING THE EXECUTION AND DELIVERY OF
AN INDENTURE SECURING THE BONDS AND PROVIDING
FOR THE DISBURSEMENT OF A PORTION OF THE
PROCEEDS THEREOF; AND PRESCRIBING OTHER
MATTERS PERTAINING THERETO.
WHEREAS, the City of South Bend, Indiana ( "the City ") has created the South
Economic Development Commission ( "the Commission ") pursuant to the provisions of
Chapter 4.5 of Article 6 of Title 18 of the Indiana Code of 1971, as amended ( "the
and
Bend
Act");
REGULAR MEETING AUGUST 12, 1974
REGULAR MEETING - RECONVENED (CONTINUED)
RESOLUTION NO. 438 -74 (CONTINUED)
WHEREAS, by resolution the Commission has found that the financing of certain
economic development facilities ( "the Project ") to be located in the City complies
with the purposes and provisions of the Act and has approved.the financing, including
the form and terms of the necessary documents; and
WHEREAS, said resolution has been transmitted by the Commission to the Common
Council of the City together with this form of city resolution; and
WHEREAS, the City is authorized under the Act to acquire, own, lease and sell
economic development facilities; to issue revenue bonds secured by a mortgage on all
or any part of the facilities and payable solely from the revenues derived from the
leasing or other disposition of the facilities thus acquired or constructed through
the issuance of such revenue bonds; and
WHEREAS, at or before the time of the issuance of any of said revenue bonds
the City will enter into a Lease of the Project dated February 1, 1974 ( "the Lease ")
with Marilyn Brown, Rael F. Brown, Shirley B. Waks and Beatrice L. Nevel, and St.
Joseph Insurance Agency, Inc., or any of them, doing business as St. Joseph -Brown
Building Company ( "the Company "), an Indiana general partnership; and the Company
will enter into a Sublease of the Project with St. Joseph Bank and Trust Company
dated February 1, 1974 ( "the Sublease "); and
WHEREAS, the City has determined that the amount necessary to pay the cost of
acquiring and constructing the Project, including necessary expenses incidental
thereto, requires that revenue bonds of the City in the principal amount of $995,000
be authorized as hereinafter provided; and
WHEREAS, the City has made the necessary arrangements for the issuance and sale
of such revenue bonds; and
WHEREAS, it is necessary, in connection with the issuance and sale of said bonds,
that the City execute and deliver an Indenture of Mortgage and Trust dated as of
February 1, 1974 ( "the Indenture ") to Indiana Bank and Trust Company of Fort Wayne,
Fort Wayne, Indiana, as Trustee for the bondholders ( "the Trustee "):
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, as follows:
Section 1. The financing and construction of the Project in accordance with the
plans and specifications referred to in the Indenture and the leasing of the Project
to the Company and the subleasing of the Project to St. Joseph Bank and Trust Company
by the Company as hereinafter provided are hereby authorized and determined to be in
the public interest and in furtherance of the public purposes contemplated by the Act
and will be of direct benefit to the health and welfare of the City and its citizens.
Section 2. For the purpose of acquiring and constructing the Project, including
necessary expenses incidental thereto, there are hereby authorized to be issued the
bonds of the City in the principal sum of $995,000, which bonds shall be designated
Economic Development Revenue Bonds, Series 1974 (One Plaza Place Building) ( "the Series
1974 Bonds "), and shall be payable in lawful money of the'United States of America at
the main office of the Trustee, or its successor in trust under the provisions of the
Indenture.
The Series 1974 Bonds shall be issuable as coupon bonds; registrable as to
principal only, or as to principal and interest; $5000 denomination; dated February 1,
1974, shall bear interest at the rate of 6 7/8% per annum unless it is determined by
a court or governmental agency having jurisdiction that interest on the 1974 Bonds
except 1974 Bonds held by any "substantial user" of the Project or any "related person"
is includable in gross income in accordance with Section 103(c) of the Internal Revenue
Code, in which event the Series 1974 Bonds shall.bear 9 1/4 %, all as provided in the
Indenture; shall be numbered, shall mature, and shall be subject to redemption prior
to maturity at the time, under the circumstances, in the manner, at the prices and
with the effect, all as provided in the Indenture.
The Series 1974 Bonds shall be limited obligations of the City as provided in
the Act, the principal of and interest on which shall be payable solely from the income,
revenues and property of the Project. Neither the State of Indiana nor any political
subdivision thereof shall in any event be liable for the payment of the principal or
interest on the Series 1974 Bonds or for the performance of any pledge, mortgage,
obligation or agreement of any kind whatsoever of the City, and none of the Series
1974 Bonds nor any of the City's agreements or obligations shall be construed at any
time or in any manner to pledge the general credit or taxing power of the City.
Nothing in this resolution or in the Lease, the Sublease or the Indenture shall
be construed as an obligation or commitment by the City to expend any of its funds
other than (i) the proceeds of the sale of the Series 1974 Bonds, (ii) the income and
revenues derived from the Project, (iii) any proceeds accruing to the City of insurance
on the project, (iv) any proceeds accruing to the City on account of any taking or con-
demnation of title to the whole or any part of the Project, and (v) any money arising
out of the investment or reinvestment of said proceeds, income, revenues or monies.
Section 3. Each of the Series 1974 Bonds shall be executed in the name of the City
by the facsimile signature of the Mayor, shall be attested by the City Clerk, shall have
the corporate seal of the City impressed thereon and shall be authenticated by the
endorsement of the Trustee. Interest coupons attached to the Series 1974 Bonds shall
be executed with the facsimile signatures of the Mayor and City Clerk.
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REGULAR MEETING AUGUST 12, 1974
REGULAR MEETING - RECONVENED (CONTINUED)
IRESOLUTION NO. 439 -74 (CONTINUED)
WHEREAS, K and F Manufacturing Co., Inc. has filed an application with the
Commission to finance the construction of an industrial and manufacturing building
(facilities), on real estate deeded to the City on June 7, 1973, which will constitute
economic development facilities resulting in a substantial number of new jobs as well
as other benefits; and
WHEREAS, in connection therewith the Commission has prepared and placed on file
a report containing the subject matter as specified in Section 16 of IC -1973, 18 -6 -4.5
and has forwarded copies thereof to the Chairman of the Area Plan Commission and to the
Superintendent of the School Corporation in the area of which the facilities will be
located, and has timely received favorable reports from each of them; and
WHEREAS, the Commission held a public hearing on the proposed financing of such
facilities on July 19, 1974, after giving the required notice as provided for in Section
17 of IC -1973, 18- 6 -4.5; and
WHEREAS, the Commission at such meeting by a duly adopted written resolution,
incorporated herein by reference, found that the proposed financing complies with the
purposes and provisions of the Act, and approved such financing, including, but not
limited to the forms and terms of the financing agreement consisting of the Lease and
Trust Indenture and.the Bonds; and
WHEREAS, this Common Council of the City of South Bend, Indiana, now finds that
the proposed financing of such facilities for K and F Manufacturing Co., Inc. will be
of benefit to the health or welfare of the City of South Bend, Indiana, and that
accordingly, this resolution should be adopted.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend,
Indiana, that:
Section 1. Such financing for K and F Manufacturing Co., Inc., an Indiana
corporation, under the Act be and the same is hereby approved.
Section 2. This resolution shall be in full force and effect from and after its
passage by the Common Council and approval by the Mayor.
s/ Roger 0. Parent
Common Council Member
A public hearing was held on the resolution at this time. Mr. Kenneth Fedder, Attorney for the
South Bend Development Commission, stated that K and F Manufacturing had appeared before the
Council at a previous date for approval of a bond. He stated that the estimates have been
tripled since that time and the expansion is greater than was anticipated. He stated that the
question of an annexation waiver was agreed to in the prior issue. He stated that this applicatioi
would be a re -issue of $142,000, and that, on July 19, 1974, the commission had met and found that
the financing was beneficial to the city. He indicated that K and F Manufacturing was located in
the Granger Industrial Park.
Councilman Szymkowiak made a motion that the resolution be adopted, 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).
RESOLUTION NO. 440 -74
• RESOLUTION APPROVING THE INITIATION OF
• HOUSING PROJECT BY THE HOUSING AUTHORITY
OF THE CITY OF SOUTH BEND, INDIANA.
WHEREAS, the Common Council wishes to reaffirm and act upon its commitment to
support the conduct of an experimental housing program, as described in Common Council
Resolution No. 408 -74, dated February 2, 1974, with the understanding that such program
will initially be conducted only within the City of South Bend, and
WHEREAS, such program will be funded by means of an Annual Contributions Contract
to be executed between The Housing Authority of the City of South Bend, Indiana, and the
United States of America, and
WHEREAS, The Housing Authority of the City of South Bend, Indiana, has indicated
a desire to enter into an Annual Contributions Contract for the Housing Assistance Supply
Experimental Project under Section 23 of the United States Housing Act of 1937, Contract
Number C -2007 ( "Project "), and
WHEREAS, the Project is consistent with the provisions of the Housing Authorities
Act, as amended, IC 18- 7 -11 -1, et seq. ( "Act "), and
WHEREAS, the Project is in furtherance of the public policy declared in the Act
and in the resolution previously enacted declaring that there is a need for a housing
authority to function;
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend,
Indiana:
That the Housing Authority of the City of South Bend, Indiana, is hereby authorized
to enter into the Project and the Project is hereby approved.
This resolution shall be in full force and effect from and after its passage by
the Common Council and approval by the Mayor.
s/ Roger 0. Parent
Member of the Common Council
REGULAR MEETING AUGUST 121 1974
REGULAR MEETING - RECONVENED (CONTINUED)
A public hearing was held on the resolution at this time. Mr. James Roemer, City Attorney,
summarized a three -page statement written by the Mayor in support of the housing allowance program
and participation of the eligible renters and owners. Copies were presented to the Council member;
He introduced Mr. 011ie Ross, Chairman of the Housing Authority, Mr. Kent Wilcox, Executive Direct(
of the Housing Authority, Mr. Michael Shea, Site Manager for the Rand Corporation and Mr. Ken Alle;
from the Department of Housing and Urban Development. Mr. Ross expressed support of the housing
allowance program. He stated that, in March, the Housing Authority concurred with the Council and
entered into a memorandum of agreement with HUD. He stated that the resolution proposed at this
time would bring the program to South Bend.
Miss Virginia Guthrie, Consultant and member of the Board of Directors of the Civic Planning
Association, wondered if this was originally to be handled under the Department of Community
Development. Mr. Wilcox explained that, legally, the Housing Authority is the only unit of govern-
ment that can enter into the contract. Miss Guthrie wondered if this would establish a new housin(
authority. Mr. Shea stated that the Housing Allowance Office would have an eight- member board of
trustees. There was a delegation agreement with the Housing Authority to carry out the monitoring
role. The contract between the Housing Authority and the board would be a 10 -year contract and it
would take 1z to 2 years before complete enrollment was reached. Miss Guthrie wondered if Congress
had approved the program, and Mr. Alles stated that Congress had and the money was available and a
10 -year contract would be written. He stated that the money was guaranteed for a maximum of 10
years at $17.5 million per year. He talked about participation of the city and possibly the count,
Council President Nemeth asked about an amount of money to be paid as reimbursement. Mr. Wilcox
stated that the amount for the first 16 months of the program would be reimbursed. The amount wou:
be $89,000 and would not include moneys to recipients. Council President Nemeth asked about the
additional employees. Mr. Wilcox stated that three employees would be needed for monitoring pur-
poses. The $89,000 would be for 16 months for three people and would include overhead costs. The
annual salary for the liaison person would be $15,000, the financial assistant would receive $8,501
and the secretary $6,500, plus fringe benefits which run about 22 %. Originally, the memo was pro-
posed to include the county. In South Bend, the Housing Authority would be the delegate agency to
run Section 23 programs. Mrs. Janet Allen, 125 West Marion Street, stated that the figures have
escalated. She wondered what would happen to the $17.5 million for each of the first two years
while participation was determined. Mr. Alles stated that payments would be made during the first
two years. He was hopeful that the program would begin this year. He indicated that the $17.5
million would be the maximum per year, and the second five -year period would be handled by the
local people and there would be no cost to the city during that five -year period. Mrs. Allen
wondered about the benefits of the program that would be visible to the community. Miss Guthrie
wondered who would pay for the program after 10 years. Mr. Alles stated that it was hopeful there
would be a full -scale operation dealing with housing by that time. He stated that the federal
commitment would end in 10 years. He reminded the Council that this was merely for experimental
standards. Mr. Gregory Petry, 318 East Victoria, wondered if the 10 -year contract was subject to
approval each year, and Mr. Alles indicated that it was not as the funds had been approved for the
full 10 -year period. There was a question on the amount of money to be received by Rand Corporati(
Mr. Shea stated that Rand would receive contract funds, and Mr. Alles stated that Rand was a not -
for- profit corporation. Mr. Shea stated that the national contract last year was $3 million. Mr.
James Russell, 1517 North Fremont, felt that the Council could not act intelligently on the progra
if the exact information was not known. Mr. Shea stated that Rand would receive no money from the
funds allotted to the City of South Bend. Council President Nemeth asked what would happen if the
resolution was not approved. Mr. Alles stated that everything would come to�,a hault. Council
President Nemeth stated that this was another display of over - confidence in the Council. Councilm<
Miller stated that the Council has been informed on the issue. He stated that Mr. Alles, Mr. Shea
and Mr. Bob Dabinski have been working on the project the last several months. He commended them
on their professionalism and capability. He felt this involved a very non - political program. He
agreed with the principal of the program whereby there would be direct grants to people and the
actual figures were the people's tax dollars. He also stated that the project would stimulate the
total community and would improve the inner city neighborhoods. He felt this program should be
augmented with the city's own programs in the future. Councilman Parent agreed with Councilman
Miller. He indicated that, even if the program was only to last for a period of 10 years, the cit:
would be 10 years "better off ". Mr. Russell wondered about the HUD investigation which was to tak(
place in South Bend. Mr. Alles indicated that he was not told who was being investigated; however,
he did not imagine the investigation was taking place concerning the housing allowance program.
Ms. Barbara Schankerman, 1615 Rockne Drive, felt the housing allowance program had a great deal to
do with patronage. She talked about an application that she had filed for employment and had been
rejected. She indicated that, at the time, she had been campaigning for two individuals which
apparently "weren't the right candidates ". Councilman Parent stated that he felt this issue
should be handled by Rand Corporation. Mr. Shea asked Ms. Schankerman where she had filed her
application. He indicated that he did not remember it. She indicated that she had taken her
application to the County -City Building, and Mr. Shea stated that applications were not taken in
that building officially. Ms.Schankerman insisted that Mr. Charles Lennon, Director of the
Department of Community Development, had told her to file her application at the County -City
Building. She admitted that, finally, she had been given an interview after an attorney had writt(
a letter on her behalf. Councilman Miller stated that Rand has operated strictly through the
Indiana Employment Security Division.
Councilman Miller made a motion that the resolution be amended as follows:
Capitalize the first letter in the word "the" preceding the words "Housing Authority"
wherever mentioned.
Insert Contract No. C -2007 in the third paragraph.
Amend Housing Authority Act to read "Housing Authorities Act ".
Councilman Parent seconded the motion. The motion carried. Councilman Miller then made a motion
that the resolution be adopted, as amended, 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)
RESOLUTION NO. 441 -74 A RESOLUTION OF THE COMMON COUNCIL TO
HOLD A PUBLIC INVESTIGATION OF THE SOUTH
BEND POLICE DEPARTMENT.
REGULAR MEETING AUGUST 12, 1974
REGULAR MEETING - RECONVENED (CONTINUED)
RESOLUTION NO. 441 -74 (CONTINUED)
WHEREAS, allegations of misconduct charges within the South Bend Police Department
have been made by a group ot'officers; and
WHEREAS, the allegations have been made to overlook enforcement of laws in certain
areas of the city; and
WHEREAS, the public in general, from time to time, has made complaints about the
manner in which the Police Department responds to citizens' calls for police service.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend,
Indiana:
SECTION 1. That a public investigation be made of the South Bend Police Department
by the Common Council and any other personnel deemed necessary for a thorough investigation
of the above allegations and other matters to insure that the Police Department will serve
the citizens in an impartial, efficient and courteous manner.
SECTION 2. This Resolution shall be in full force and effect from and after its
passage by the Common Council and approval by the Mayor.
s/ Walter T. Kopczynski
Member of the Common Council
A public hearing was held on the resolution at this time. Councilman Kopczynski indicated that he
felt the citizens had a right to know what was going on in the Police Department. He felt this
investigation should be made public and the administration should not make the investigation of
one of its own departments. He also felt that the Council should investigate the department
because it was a duty entrusted to it by state law. He talked about the various complaints
received in the past on the kind of police service the citizens were receiving. He felt the
department operated under "a veil of secrecy ", and he wanted a public investigation to make the
facts known to the citizens. He stated that it was the Council's duty to investigate the Police
Department and restore the confidence the people should have in that department. He urged the
Council to adopt the resolution and take the necessary steps to correct the problems within the
Police Department.
Mr. Maurice Cohen, 725 East Eckman Street, felt the Council should conduct an investigation. He
felt it would not be feasible to have the Crime Commission conduct the investigation, and he also
urged passage of the resolution. Mr. James Russell, 1517 North Fremont, again brought up the subji
of police brutality. Council President Nemeth stated that the resolution re- states the responsibi:
given the Council by law; however, the Crime Commission had been created in order to make recommen•
dations concerning the department. He felt that the Crime Commission should go first and make its
recommendations, if necessary. Then the Council could go ahead and make its recommendations. He
urged that the Mayor propose a request for revenue sharing funds for the Crime Commission in order
to get the commission off the ground. He felt the Council would not "shirk its responsibility ".
Miss Virginia Guthrie, Consultant and member of the Board of Directors of the Civic Planning
Association, stated that a series of meetings have been held and a report would be made shortly
concerning the commission's findings and recommendations. She indicated that the commission was
waiting for word on whether or not the state police would enter the picture. Mr. James Barcome,
City Controller, indicated that an ordinance proposing $7,500 for the Crime Commission would be
forthcoming at the next Council meeting: Mrs. Janet Allen, 125 West Marion Street, disagreed with
the use of revenue sharing funds for the Crime Commission. She stated that she endorsed the con -
cept of the proposed resolution. Councilman Taylor indicated that the original concept of the
Crime Commission had been his idea and Council President Nemeth had written the ordinance. He
talked about the lack of trust between the citizens and the city officials. He stated that he did
not approve of all the "pre- judgment" that was being made. He stated that the Council placed no
restrictions on the Crime Commission and had no control over the commission. He stated that the
Mayor had no power over the commission either. He felt the commission was a citizens' commission
as it was intended to be, and he stated that he agreed with the statements made by Council Presides
Nemeth concerning the proposed resolution. Councilman Parent stated that, on one hand, people fee:
the Council should look into the matter, and on the other hand, the Crime Commission would not be
objective in making recommendations. He felt there was no logic in that. He felt the Crime
Commission and the state police and prosecutor would be able to accomplish the job. If not, the
Council could step in and take over., Councilman Szymkowiak felt that the money should be appro-
priated for the Crime Commission in order that it could start the investigation. He agreed with
the proposed resolution; however, he felt the Crime Commission should conduct the investigation.
He felt the proposed resolution could be used "as the arm needed." to complete the investigation,
if necessary. For that reason, Councilman Szymkowiak indicated that he would vote in favor of the
resolution. Mr. Kenneth Fedder, Deputy County Prosecutor, spoke on behalf of the prosecutor's
staff. He stated that he had caused a telegram to be sent to Governor Bowen to have the state
police conduct the investigation. He stated that eventually the personnel assigned to the inves-
tigation would come from other parts of Indiana, and the investigation would not be conducted by
the prosecutor's office. He stated that a meeting would be held and it would be requested that the
state police and the Crime Commission would investigate the issue. Councilman Kopczynski stated
that, when the investigation was complete, the Council should thoroughly study the recommendations.
Councilman Kopczynski made a motion that the resolution be adopted, seconded by Councilman Szymkow:
Mr. Russell wondered about a public hearing so that the citizens would be aware of the issue. Mr.
Fedder stated that this would have to be determined by the state police and the Crime Commission.
He stated that the investigation was being culminated. There was a call for the question. The
resolution was adopted by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller,
Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth).
Councilman Taylor made a motion to recess, seconded by Councilman Szymkowiak. The motion carried,
and the Council recessed at 12:15 p.m. Reconvened at 12:25 p.m.
ORDINANCES, FIRST READING
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REGULAR MEETING AUGUST 12-, 1974
REGULAR MEETING - RECONVENED (CONTINUED)
ORDINANCE NO. 5714 -74 AN ORDINANCE APPROVING THE FORM AND TERMS
OF LEASE AND TRUST INDENTURE AND INDUSTRIAL
DEVELOPMENT REVENUE BONDS, AND AUTHORIZING
THE EXECUTION THEREOF PERTAINING TO OSTHIMER,
INC.
This ordinance had first reading. Councilman Miller made a motion to suspend the rules and take
action on the ordinance, seconded by Councilman Taylor. The motion carried by a roll call vote of
nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and
Nemeth). This ordinance then had second reading. Councilman Parent 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 Nemet]
ORDINANCE NO. 5715 -74
AN ORDINANCE PROVIDING FOR THE ACQUISITION
AND CONSTRUCTION OF AN ECONOMIC DEVELOPMENT
PROJECT AND THE LEASING OF THE SAME TO MARILYN
BROWN, RAEL F. BROWN, SHIRLEY B. WAKS AND
BEATRICE L. NEVEL, AND ST. JOSEPH INSURANCE
AGENCY, INC., AN INDIANA CORPORATION, DOING
BUSINESS AS ST. JOSEPH -BROWN BUILDING COMPANY,
AN INDIANA GENERAL PARTNERSHIP; AUTHORIZING
THE ISSUANCE AND CONFIRMING THE SALE OF
$995,000 PRINCIPAL AMOUNT OF ECONOMIC
DEVELOPMENT REVENUE BONDS, SERIES 1974
(ONE PLAZA PLACE BUILDING), FOR THE PURPOSE
OF PAYING THE COST OF ACQUIRING AND CONSTRUCTING
THE ECONOMIC DEVELOPMENT PROJECT AND NECESSARY
EXPENSES INCIDENTAL THERETO, AUTHORIZING THE
EXECUTION AND DELIVERY OF AN INDENTURE SECURING
THE BONDS AND PROVIDING FOR THE DISBURSEMENT OF
A PORTION OF THE PROCEEDS THEREOF; AND PRE-
SCRIBING OTHER MATTERS PERTAINING THERETO.
This ordinance had first reading. Councilman Newburn made a motion to suspend the rules and take
action on the ordinance, seconded by Councilman Horvath. The motion carried by a roll call vote
of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn ai
Nemeth). Councilman Taylor made a motion to waive the second reading due to the length of the
ordinance, seconded by Councilman Parent. The motion carried unanimously. Councilman Taylor then
made a motion that the ordinance pass, seconded by Councilman Szymkowiak. The ordinance passed by
a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski,
Horvath, Newburn and Nemeth).
ORDINANCE NO. 5716 -74
AN ORDINANCE APPROVING THE FORM AND TERMS
OF LEASE AND TRUST INDENTURE AND INDUSTRIAL
DEVELOPMENT REVENUE BONDS, AND AUTHORIZING
THE EXECUTION THEREOF PERTAINING TO K AND
F MANUFACTURING CO., INC.
This ordinance had first reading. Councilman Taylor made a motion.' to suspend the rules and take
action on the ordinance, seconded by Councilman Horvath. The motion carried by a roll call vote
of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn
and Nemeth). This ordinance then had second reading. Councilman Taylor made a motion to amend
the ordinance on page 2 to insert the date of October 1st in the blank lines, seconded by Council-
man Parent. The motion carried. Councilman Newburn then 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).
ORDINANCE AN ORDINANCE APPROPRIATING THE SUM OF $25,000.00
FROM GENERAL REVENUE OF THE WATER WORKS OF SOUTH
BEND TO THE OPERATION AND MAINTENANCE FUND.
This ordinance had first reading. Councilman Parent made a motion to set the ordinance for public
hearing and second reading on September 16, 1974, seconded by Councilman Taylor. The motion
carried. In the unfinished business portion of the August 26th Council meeting, this ordinance
was rescheduled for public hearing and second reading on September 23, 1974.
ORDINANCE AN ORDINANCE APPROPRIATING THE SUM OF $10,000.00
FROM GENERAL REVENUE OF THE WATER WORKS OF SOUTH
BEND TO THE OPERATION AND MAINTENANCE FUND.
This ordinance had first reading. Councilman Horvath made a motion to set the ordinance for publ
hearing and second reading on September 16, 1974, seconded by Councilman Kopczynski. The motion
carried. In the unfinished business portion of the August 26th Council meeting, this ordinance
was rescheduled for public hearing and second reading on September 23, 1974.
ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING
CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH
BEND, INDIANA (733 West Washington Street).
This ordinance had first reading. Councilman Taylor made a motion to refer the ordinance, along
with the petition, to the Area Plan Commission, seconded by Councilman Kopczynski. The motion
carried.
ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN
THE BUREAU OF WATER OF THE CITY OF SOUTH
BEND, INDIANA, AND (1) BADGER METER,
INCORPORATED, OF MILWAUKEE, WISCONSIN,
AND (2) ROCKWELL INTERNATIONAL CORPORATION,
OF PITTSBURGH, PENNSYLVANIA, FOR THE PUR-
CHASE OF CERTAIN WATER METERS IN THE TOTAL
AMOUNT OF $91,229.00
REGULAR MEETING AUGUST 12 1974
(REGULAR MEETING - RECONVENED (CONTINUED)
This ordinance had first reading. Mr. Paul Krueper, Manager of the Bureau of Water, stated that
the money had been appropriated in last year's budget and an error had been made in that the ordin
should have been a resolution. He asked that the Council act on the ordinance at this time. Coun
President Nemeth stated that the administration was critical of the Council when this was done and
the error had occurred when the ordinance had been drafted by the administration. He stated that
could see no alternative other than setting the ordinance for public hearing as soon as possible.
Councilman Miller made a motion that the ordinance be set for public hearing and second reading on
August 26, 1974, seconded by Councilman Kopczynski. The motion carried.
ORDINANCE AN ORDINANCE APPROPRIATING THE SUM OF
$13,456.00 FROM THE CUMULATIVE SEWER BUILDING
AND SINKING FUND (Portage Gardens and Linden
Avenue sewers).
This ordinance had first reading. Councilman Parent made a motion to set the ordinance for public
hearing and second reading on September 9, 1974, seconded by Councilman Kopczynski. The motion
carried.
ORDINANCE AN ORDINANCE TO APPROPRIATE $10,000.00 FROM
THE CUMULATIVE CAPITAL IMPROVEMENT FUND,
LINE ITEM 260.0, AND $90,000 FROM THE LOCAL
ROAD AND STREET FUND TO PROJECT R & S 60,
ORANGE STREET - COLFAX STREET CONNECTOR,
WITHIN THE LOCAL ROADS AND STREETS FUND.
(This ordinance had first reading. Councilman Miller made a motion to set the ordinance for public
(hearing and second reading on September 9, 1974, seconded by Councilman Taylor. The motion carrie
ORDINANCE AN ORDINANCE TRANSFERRING $325.00 IN THE
AMOUNTS OF ACCOUNT #213.0, "TRAVEL EXPENSE"
$200.00, ACCOUNT #252.0, "REPAIRS OF EQUIP-
MENT "$50.00, ACCOUNT #540.0, "CLOTHING
ALLOWANCE $75.00, TO ACCOUNT #215.0,
"TRANSPORTATION ALLOWANCE" $150.00, ACCOUNT
#370.0, "OTHER SUPPLIES $50.00, AND ACCOUNT
#726.0, "OTHER EQUIPMENT" $125.00, ALL
ACCOUNTS BEING WITHIN THE BUREAU OF WEIGHTS
AND MEASURES OF THE GENERAL FUND OF THE CITY
OF SOUTH BEND, INDIANA.
This ordinance had first reading. Councilman Miller made a motion to set the ordinance for public
hearing and second reading on September 9, 1974, seconded by Councilman Horvath. The motion carri
INANCE AN ORDINANCE APPROPRIATING $40,.000.00 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,
INDIANA, THROUGH ITS DEPARTMENT OF PUBLIC
SAFETY.
is ordinance had first reading. Councilman Taylor made a motion to set the ordinance for public
acing and second reading on September 9, 1974, seconded by Councilman Miller. The motion carrie
INANCE AN ORDINANCE APPROPRIATING $107,000.00 FROM
THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY
REFERRED TO AS GENERAL REVENUE SHARING, FOR
VARIOUS HUMAN RESOURCES PROGRAMS, TO BE
ADMINISTERED BY THE CITY OF SOUTH BEND
THROUGH ITS DEPARTMENT OF HUMAN RESOURCES.
his ordinance had first reading. Councilman Miller made a motion to refer the ordinance to the
uman Resources Committee and also set the ordinance for public hearing and second reading on
eptember 16, 1974, seconded by Councilman Taylor. The motion carried. In the unfinished business
ortion of the August 26th Council meeting, this ordinance was rescheduled for public hearing and
econd reading on September 23, 1974.
INANCE AN ORDINANCE TO APPROPRIATE $2,400.00 FROM
THE CUMULATIVE CAPITAL IMPROVEMENT FUND,
LINE ITEM 260.0, TO PROJECT ROAD AND STREET
52, ANGELA- MICHIGAN INTERSECTION.
This ordinance had first reading. Councilman Horvath made a motion to set the ordinance for public
hearing and second reading on September 9, 1974, seconded by Councilman Miller. The motion carried
INANCE AN ORDINANCE TRANSFERRING FUNDS BETWEEN
VARIOUS ROAD AND STREET PROJECTS, ALL
PROJECTS BEING WITHIN THE LOCAL ROAD AND
STREET FUND OF THE CITY OF SOUTH BEND,
INDIANA.
is ordinance had first reading. Councilman Horvath made a motion to set the ordinance for public
aring and second reading on September 9, 1974, seconded by Councilman Taylor. The motion carried
INANCE AN ORDINANCE APPROPRIATING $72,680.00 FROM
THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY
REFERRED TO AS GENERAL REVENUE SHARING, FOR
VARIOUS HUMAN RESOURCES PROGRAMS, TO BE
ADMINISTERED BY THE CITY OF SOUTH BEND
THROUGH ITS DEPARTMENT OF HUMAN RESOURCES.
ce
1
REGULAR MEETING AUGUST 12 1974
REGULAR MEETING - RECONVENED (CONTINUED)
This ordinance had first reading. Councilman Kopczynski made a motion to refer the ordinance to
the Human Resources Committee and also set the ordinance for public hearing and second reading on
September 16, 1974, seconded by Councilman Miller. The motion carried. In the unfinished business
portion of the August 26th Council meeting, this ordinance was rescheduled for public hearing and
second reading on September 23, 1974.
ORDINANCE AN ORDINANCE AMENDING THE ANNUAL VACATIONS
FOR CITY PERSONNEL.
This ordinance had first reading. Councilman Kopczynski made a motion to set the ordinance for
public hearing and second reading on September 9, 1974, seconded by Councilman Miller. The motion
carried.
ORDINANCE AN ORDINANCE APPROPRIATING $20,000.00 FROM
THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED
TO AS GENERAL REVENUE SHARING, FOR VARIOUS
PUBLIC PARKS PROGRAMS, TO BE ADMINISTERED
BY THE CITY OF SOUTH BEND THROUGH ITS
DEPARTMENT OF PUBLIC PARKS.
This ordinance had first reading. Councilman Kopczynski made a motion to set the ordinance for
public hearing and second reading on September 9, 1974, seconded by Councilman Miller. The motion
carried.
ORDINANCE AN ORDINANCE APPROPRIATING MONEYS FOR THE
PURPOSE OF DEFRAYING THE EXPENSES OF THE
SEVERAL DEPARTMENTS OF THE CITY GOVERNMENT
OF THE CITY OF SOUTH BEND, INDIANA, FOR
THE FISCAL YEAR BEGINNING JANUARY 1, 1975,
AND ENDING DECEMBER 31, 1975, INCLUDING ALL
OUTSTANDING CLAIMS AND OBLIGATIONS, AND
FIXING A TIME WHEN THE SAME SHALL TAKE
EFFECT.
This ordinance had first reading. Councilman Miller made a motion to set the ordinance for public
hearing and second reading on August 26, 1974, seconded by Councilman Kopczynski. The motion
carried.
ORDINANCE AN ORDINANCE LEVYING TAXES AND FIXING
THE RATE OF TAXATION FOR THE PURPOSE OF
RAISING REVENUE TO MEET THE NECESSARY
EXPENSE FOR THE FISCAL YEAR ENDING
DECEMBER 31, 1975.
This ordinance had first reading. Councilman Taylor made a motion to set the ordinance for public
hearing and second reading on August 26, 1974, seconded by Councilman Kopczynski. The motion
carried.
ORDINANCE AN ORDINANCE APPROPRIATING MONEYS FOR
THE PURPOSE OF DEFRAYING THE EXPENSES OF
THE SOUTH BEND MUNICIPAL WATER WORKS OF
THE CITY OF SOUTH BEND, INDIANA, FOR THE
FISCAL YEAR BEGINNING JANUARY 1, 1975,
AND ENDING DECEMBER 31, 1975, INCLUDING
ALL OUTSTANDING CLAIMS AND OBLIGATIONS,
AND FIXING A TIME WHEN THE SAME SHALL
TAKE EFFECT.
This ordinance had first reading. Councilman Parent made a motion to refer the ordinance to the
Finance Committee, seconded by Councilman Kopczynski. The motion carried.
ORDINANCE AN ORDINANCE APPROPRIATING MONEYS FOR
THE PURPOSE OF DEFRAYING THE EXPENSES OF
THE BUREAU OF SOLID WASTE OF THE CITY OF
SOUTH BEND, INDIANA, FOR THE FISCAL YEAR
BEGINNING JANUARY 1, 1975, AND ENDING
DECEMBER 31, 1975, INCLUDING ALL OUT-
STANDING CLAIMS AND OBLIGATIONS, AND
FIXING A TIME WHEN THE SAME SHALL TAKE
EFFECT.
This ordinance had first reading. Councilman Kopczynski made a motion to refer the ordinance to
the Finance Committee, seconded by Councilman Miller. The motion carried.
ORDINANCE AN ORDINANCE APPROPRIATING MONEYS FOR
THE PURPOSE OF DEFRAYING THE EXPENSES OF
THE BUREAU OF SANITATION OF THE CITY OF
SOUTH BEND, INDIANA, FOR THE FISCAL YEAR
BEGINNING JANUARY 1, 1975, AND ENDING
DECEMBER 31, 1975, INCLUDING ALL OUT-
STANDING CLAIMS AND OBLIGATIONS, AND
FIXING A TIME WHEN THE SAME SHALL TAKE
EFFECT.
This ordinance had first reading. Councilman Parent made a motion to refer the ordinance to the
Finance Committee, seconded by Councilman Taylor. The motion carried.
ORDINANCE AN ORDINANCE APPROPRIATING MONEYS FOR
THE PURPOSE OF DEFRAYING THE EXPENSES OF
THE WASTE WATER TREATMENT PLANT OF THE
(continued)
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REGULAR MEETING RECONVENED (CONTINUED)
ORDINANCE (CONTINUED) CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL
YEAR BEGINNING JANUARY 1, 1975, AND ENDING
DECEMBER 31, 1975, INCLUDING ALL OUTSTANDING
CLAIMS AND OBLIGATIONS, AND FIXING A TIME
WHEN THE SAME SHALL TAKE EFFECT.
This ordinance had first reading. Councilman Parent made a motion to refer the ordinance to the
Finance Committee, seconded by Councilman Taylor. The motion carried.
ORDINANCE AN ORDINANCE APPROPRIATING ALL PARKING
METER FEES AND FUNDS FOR THE YEAR 1975
TO THE BOARD OF PUBLIC WORKS OF THE CIVIL
CITY OF SOUTH BEND, INDIANA, FOR THE USES
AND PURPOSES SET FORTH THEREIN, IN ACCORDANCE
WITH CHAPTER 208 OF THE ACTS OF THE GENERAL
ASSEMBLY OF THE STATE OF INDIANA OF 1965.
This ordinance had first reading. Councilman Taylor made a motion to refer the ordinance to the
Finance Committee, seconded by Councilman Parent. The motion carried.
ORDINANCE AN ORDINANCE APPROPRIATING ALL PARKING
GARAGE FEES AND FUNDS FOR THE YEAR 1975
TO THE BOARD OF PUBLIC WORKS OF THE CIVIL
CITY OF SOUTH BEND, INDIANA, FOR THE USES
AND PURPOSES SET FORTH THEREIN, IN ACCORDANCE
WITH CHAPTER 190 OF THE ACTS OF THE GENERAL
ASSEMBLY OF THE STATE OF INDIANA OF 1955.
This ordinance had first reading. Councilman Horvath made a motion to refer the ordinance to the
Finance Committee, seconded by Councilman Kopczynski. The motion carried.
PRIVILEGE OF THE FLOOR
Miss Virginia Guthrie, Consultant and member of the Board of Directors of the Civic Planning
Association, stated that, again, the administration had advertised the budget and tax rate before
it was submitted to the Council. Council President Nemeth stated that this had been done by
mutual agreement. Miss Guthrie wondered about the possibility of the Council making changes in
the ordinances' prior to the first reading. Council President Nemeth stated that, if the Mayor
does not increase the budget, the Council cannot
UNFINISHED BUSINESS
Councilman Serge again brought up the subject of the possibility of erecting guardrails on Portage
Avenue between Ribourde Drive and Boland Drive. It was indicated that the Board of Public Works
had previously received his request.
Councilman Kopczynski wondered when the report would be available from the special committee on
Governmental Procedure regarding the Chippewa- Michigan rezoning. Councilman Parent, chairman of
that committee, stated that he hoped the matter could be accomplished after the budget hearings.
NEW BUSINESS
Councilman Taylor made a motion to have a regular Council meeting on Monday, September 16, 1974, a-
7:00 p.m.., seconded by Councilman Kopczynski. The motion carried.
Miss Virginia Guthrie, Secretary of the Crime Commission, requested that the Council appoint some-
one to fill the unexpired term of Dean Johnson, due to his recent death, as soon as possible.
Council President Nemeth indicated that this would be done soon.
There being no further business, unfinished or new, to come before the Council, Councilman
Kopczynski made a motion to adjourn, seconded by Councilman Taylor. The motion carried, and the
meeting adjourned at 12:50 a.m.
ATTEST: APP OVED:
n
CITY CLERK PRESIDENT--/
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