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HomeMy WebLinkAbout09-09-74 Council Meeting MinutesREGULAR MEETING SEPTEMBER 9, 1974 REGULAR MEETING SEPTEMBER 9, 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, September 9, 1974, at 7:00 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. Councilman Taylor made a motion to resolve into the Committee of the Whole, seconded by Councilman Kopczynski. 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 Whole on Monday, September 9, 1974, at 7:01 p.m., with nine members present. Chairman Odell Newburn presided. ORDINANCE 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 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, indicated that this ordinance and the ordinance following dealt with the same project. Council President Nemeth made a motion to suspend the rules and take both ordinances up at the same time, seconded by Councilman Parent. The motion carried unanimously. ORDINANCE 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. 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 above two ordinances. He explained that the trans- fer ordinance would transfer the balances left in various road and street accounts to Project R & S 52 in the amount of $21,600. Also, an appropriation of $2,400 was requested for the Angela - Michigan intersection. He stated that the signal system was not adequate for current fluctuations etc., and he felt that this was a necessary additional expenditure. Councilman Miller made a motion that the above two ordinances be recommended favorably to the Council, seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE TO APPROPRIATE $10,000 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 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 appropriation of $100,000 would be used in acquisition of right -of -way for the project. He stated that a savings would amount to about $125,000 to relocate to the Orange- Colfax area. He stated that it was possible some land from the South Shore would be donated. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, asked about the total cost of the project, and Mr. Farrand indicated that it would cost approximately $1.1 million. Councilman Szymkowiak made a motion that the ordinance be recommended to the Council favorably, seconded by Councilman Miller. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING THE SUM OF $13,456.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND. This being the time heretofore set for public hearing on the above ordinance, proponent$ and opponents were.given an opportunity to be heard. Mr. David Wells, Manager of the Bureau of Design and Administration, made the presentation for the ordinance. He stated that the Barrett Law sewer project was initiated for the Portage Gardens area. He explained the usual procedure' whereby the engineering fees were paid from the Cumulative Capital Improvement fund and then the fund was reim bursed from the Cumulative Sewer Sinking and Building Fund. He stated that, due to the balances in CCIF and the dollar value of the engineering fees for the project, the normal procedure could not be followed. He stated that this was the reason for the direct appropriation, and he indicate, that the total project cost would be about $220,000. Councilman Szymkowiak made a motion that the ordinance be recommended favorably to the Council, seconded by Councilman Miller. The motion carried. ORDINANCE AN ORDINANCE AMENDING THE ANNUAL VACATIONS FOR CITY PERSONNEL. 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 Parker, Assistant City Attorney, made the presentation for the ordinance. He stated that, in the recent negotiations, it was recommende that the vacation schedule for city employees be changed to three weeks' vacation after eight year REGULAR MEETING SEPTEMBER 91 1974 COMMITTEE OF THE WHOLE MEETING (CONTINUED) rather than ten years, and four weeks' vacation after sixteen years rather than twenty years. He stated that it had been agreed that the Council should make the determination regarding the vaca- tions. Mr. Michael Lawrence, representing Teamsters Local 364, spoke on behalf of the proposed ordinance. He indicated that this was one of the points reached on the city bargaining team. He felt the vacation schedule as proposed was in line with other schedules both in government and industry. Councilman Kopczynski wondered about the projection of the additional personnel needed to maintain the present level of service. Mr. Parker stated that the administration determined that there would be no need for additional employees because of the proposed vacation schedule. Councilman Kopczynski wondered about the additional man days that would be needed. Mr. Walter Lantz, Chief Deputy Controller, stated that actual man days had not been computed but it was estimated that it would cost the city $2,000 per year in services personal in making up for over- time the vacation losses. He stated that this would include all divisions, including the utilitie Councilman Parent made a motion that the ordinance be recommended favorably to the Council, secon by Councilman Szymkowiak. The motion carried. 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 being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Bert Cichowicz, Sealer of Weights and Measures, stated that he would explain his request as indicated in his letter to the Council dated July 16, 1974. Chairman Newburn felt the letter was self - explanatory and there was no need for a further explanation regarding the transfer. Councilman Serge made a motion that the ordinance be recommended favorably to the Council, second by Councilman Kopczynski. 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 ADMIN- ISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC PARKS. 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 Seitz, Director of the Department of Public Parks, made the presentation for the ordinance. He stated that the funds would be used for purchase of a new bulldozer to replace one piece of equipment used in construction work which was approximately 20 years old. Councilman Szymkowiak made a motion that the ordinance be recommended favorably to the Council, seconded by Councilman Kopczynski. The motion carried. ORDINANCE 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 ADMIN- ISTERED BY THE CITY OF SOUTH BEND, INDIANA, 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. Mr. Walter Lantz, Chief Deputy Controller, made the presentation for the ordinance on Mr. Gallagher's behalf. He explained that the funds would be used for demolition of substandard houses. Currently, the amount of $35,836.96 was available for demolition but this would only take care of 45 of the 250 units scheduled for demolition. He stated that, with the revenue sharing request of $40,000, approximately 50 additional units could be demolished. He stated that the city budget has been exhausted for demolition. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, expressed disappointment that Mr. Gallagher had not been present to make the presentation of the ordinance, which Mr. Evans thought was very important. He then asked if there had been any other appropriations of revenue sharing funds for demolition of buildings during the year, and Mr. Lantz answered that there had been none. Councilman Miller made a motion that the ordinance be recommended favorably to the Council, second4 by Councilman Parent. Councilman Kopczynski asked if any money would be used to demolish building; that were occupied. Mr. Patrick Gallagher, Public Safety Director, at this point made an appearanc at the meeting and indicated that he wished to answer Councilman Kopczynski's question. He stated that, if the home was substandard and nothing could be done to improve it, the residents would be relocated in order that demolition could be accomplished. Councilman Kopczynski asked if the city was liable for relocation costs of the residents. Mr. Gallagher stated that the city would be responsible and would have some kind of relocation resources until the end of the year. He stated that relocation averages around $15,000 with the demolition cost at $800. Mr. Evans wondered if part of the funds would be used to clear land in the southeast side which the Fire Department had used in training. Mr. Gallagher stated that he had been assured that all the substandard homes used in the training program had been demolished as of last Thursday afternoon. The motion carries ORDINANCE AN ORDINANCE APPROPRIATING $7,772.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS LEGAL DEPARTMENT PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF LAW. �. ► Dow a OIL : of REM COMMITTEE OF THE WHOLE MEETING (CONTINUED) This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Walter Lantz, Chief Deputy Controller, made the presentation for the ordinance. He indicated that the funds would be used to fund the Crime Commission for the balance of the year. The Department of Law was chosen to administer the funds because the administration felt there would be legal ramifications involved. He indicated that the funds would be used for the salary, fringe benefits and office supplies for the director for the balance of the year. Councilman Kopczynski made a motion that the ordinance be recommended favorably to the Council, seconded by Councilman Szymkowiak. The motion carried. ORDINANCE AN ORDINANCE TRANSFERRING THE SUM OF $7,000 TO ACCOUNT NO. MVH 370 FROM ACCOUNT NO. MVH 110, BOTH ACCOUNTS BEING WITHIN THE BUREAU OF STREETS OF THE MOTOR VEHICLE HIGHWAY 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. Donald Decker, Manager of the Bureau of Streets, made the presentation for the ordinance. He explained that additional funds were needed in the supply account because of the increased prices in chemicals, brooms and broom wire, grader and snow plow blades, etc. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, wondered about the reason for the surplus in Account 110. Mr. Decker answered that he had been operating with one less supervisor since the beginning of the summer. Councilman Kopczynski made a motion that the ordinance be recommended favorably to the Council, seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE TO APPROPRIATE $70,000 FROM THE LOCAL ROAD AND STREET FUND TO PROJECT R & S 65, LINCOLNWAY WEST AND BENDIX DRIVE INTERSECTION, WITHIN THE LOCAL ROADS AND STREETS 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 briefly the project, indicating that 300 of the cost was the city's share with the federal government assuming the remaining 700. He stated that the estimated cost of the project was approximately $200,000. He indicated that the intersection of Bendix and Lincolnway West was scheduled for signal moderniza- tion to include railroad pre - emption. The east leg of Lincolnway West would be widened with new curbs installed east of Terrace Court. The intersection of Ardmore and Bendix would also be signalized. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, asked if the $70,000 would be the city's total cost of the two intersections, and Mr. Farrand indicated that it would. Councilman Szymkowiak made a motion that the ordinance be recommended favorably to the Council, seconded by Councilman Kopczynski. The motion carried. There being no further business to come before the Committee of the Whole, Councilman Taylor made a motion to rise and report to the Council, seconded by Councilman Horvath. The motion carried. ATTEST: �J ATT CITY CLERK CHAIRMAN REGULAR MEETING - RECONVENED Be it remembered that the regular meeting of the Common Council of the City of South Bend reconvene in the Council Chambers at 7:27 p.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 August 26, 1974, regular meeting of the Council and found them correct. They, therefore, recommend that the same be approved. s/ Peter J. Nemeth Councilman Horvath made a motion that the report be accepted as read and placed on file.and the minutes be approved, seconded by Councilman Taylor. 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 Kopczynski. The motion carried by a roll call vote of nine ayes (Councilm Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). REPORT FROM THE COMMITTEE ON CLAIMS To the Common Council of the City of South Bend: Your special Committee on Claims, which was established at the May 28, 1974, regular Common Council meeting for the purpose of making recommendations to the 1 1 1 REGULAR MEETING SEPTEMBER 91 1974 REGULAR MEETING - RECONVENED (CONTINUED) REPORT FROM THE COMMITTEE ON CLAIMS (CONTINUED) Council regarding the approval of all claims filed against the city, hereby makes the following recommendations: 1. That the Council should approve all claims against the city as provided by Burns Indiana Statutes Annotated, Section 48 -1301; 2. That all claims submitted for payment to the City of South Bend shall be con- tained on the form which is attached hereto, made a part hereof and marked "Exhibit A ". Said form should be signed by the appropriate officer or employee or department o bureau head; 3. That itemized receipts must be attached to every claim which is submitted. If, for any reason, an itemized receipt is not available, then the person submitting the claim must file an affidavit with the claim form which shall be substantially in the following words: The undersigned, under the pains and penalties of perjury, affirms: 1. That he or she is authorized to submit the attached claim; 2. That no itemized receipt is available to justify said claim; 3. That said claim was incurred as a result of legal and valid business for or on behalf of the City of South Bend. Dated this day of , 19 4. That Section 2 -10 of the Municipal Code be amended to include a Committee on Claims as a standing committee; 5. That the Committee on Claims.should review all claims submitted for approval and make its recommendations to the Council at its regular meetings. Peter J. Nemeth Chairman Councilman Parent made a motion to accept the report as read and place it on file, seconded by Councilman Taylor. The motion carried. REPORT FROM THE DIRECTOR OF THE DEPARTMENT OF HUMAN RESOURCES AND ECONOMIC DEVELOPMENT Council President Nemeth announced that Mr. Hojnacki had submitted a written report to the Counci] members in lieu of an oral report. PRTTTTnMq TO: The Honorable Common Council of the City of South Bend, Indiana The George F. Burnett Company, Inc., 902 West Ireland Road, South Bend, Indiana, by its president, George F. Burnett, respectfully shows that it is the owner of the following described real estate located in St. Joseph County, State of Indiana, which said real estate is adjacent and contiguous to the City of South Bend, Indiana, to -wit: A part of the SW 1/4 Section 26 T37N, R6E Centre Township, St. Joseph County, Indiana, bounded on the north by the north line of said SW 1/4; bounded on the east by the east line.of said SW 1/4; bounded on the south by the north line of the South Bend ByPass; and bounded on the west by the east line of Penn Central Railroad. Contains 9 acres, more or less. The George F. Burnett Company, Inc., by its president, George F. Burnett, further shows that it owns one hundred percent (100 %) of the above described land and requests that the Common Council of the City of South Bend adopt a special ordinance within sixty (6) days from the date that this Petition is filed, for the purpose of annexing said described land to the City of South Bend, Indiana. Attest: S/ Alice S. Burnett Secretary The George F. Burnett Company, Inc. By s/ George F. Burnett President This instrument prepared by Richard W. Morgan, Thornburg, McGill, Deahl, Harman, Carey & Murray, Sixth Floor, First Bank Building, P.O. Box 1837, South Bend, Indiana 46634 (219) 233 -1171, Attorneys for the Petitioner. 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: REGULAR MEETING SEPTEMBER 9, 1974 REGULAR MEETING - RECONVENED (CONTINUED) PETITIONS (CONTINUED) 1. The property sought to be rezoned is located at: On a 9.75 acre parcel, more or less, in Centre Township, St. Joseph County, Indiana, a part of the Southwest Quarter of Section 26, Township 37 North, Range 2 East, located at the intersection of the Penn Central Railroad and Ireland Road, being bounded on the North by the North line of the Southwest One Quarter Section; bounded on the East by the East line of said Southwest One Quarter; bounded on the South by the North line of the South Bend Bypass; and bounded on the West by the East line of Penn Central Railroad. 2. The property is owned by the George F. Burnett Company, Inc., an Indiana corporation. 3. A legal description of the property is as follows: Apart of the Southwest One Quarter, Section 26 Township 37 North, Range 2 East, Centre Township, St. Joseph County, Indiana, bounded on the north by the north line of said Southwest One Quarter; bounded on the east by the east line of said Southwest One Quarter; bounded on the south by the north line of the South Bend ByPass; and bounded on the west by the east line of Penn Central Railroad. Contains 9 acres, more or less. 4. It is desired and "A" Residential Use and "A" of the foregoing property t, zoned under the appropriate Area; and that the property District. requested that the foregoing property be rezoned from Height and Area District, resulting from the annexation D the City of South Bend. The property is currently county ordinance as "M" Manufacturing and "A" Height and be rezoned to "M" Manufacturing Use and "D" Height and Area 5. It is proposed that the property will be put to the following use and the following building(s) will be constructed: No immediate plans have been formulated for the use of the property. The property is part of an industrial park currently being developed by the owner, the remainder of which industrial park is already a part of the City of South Bend and is currently zoned "M" Manufacturing and "D" Height and Area. 6. Number of off - street parking spaces to be provided: None. 7. Attached is a copy of (a) general location plan, (b) names and addresses of all the individuals, firms or corporations owning property within 300 feet of the property sought to be rezoned. The George F. Burnett Company, Inc., an Indiana corporation s/ Richard W. Morgan Petition Prepared By Attorney for Petitioner Richard W. Morgan 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 a 46.14 acre parcel, more or less, in German Township, St. Joseph County, Indiana, located at the Northeast corner of the intersection of Bendix Drive (also known as Maple Road) and Lathrop Street (also known as Douglas Road); being bounded on the West by Bendix Drive (Maple Road), on the North by Highland Estates Subdivision, 3rd and 4th Sections, on the East by Highland Cemetery and on the South by Lathrop Street (Douglas Road). 2. The property is owned by Hartman Builders, Inc., an Indiana corporation. 3. A legal description of the property is as follows: A tract of land located in the Southwest Quarter of Section 27, Township 38 North, Range 2 East, in the St. Joseph County, Indiana, more particularly described as follows: Commencing at the Northwest corner of said Southwest Quarter; thence Southerly along the West line of said Southwest Quarter (being also the centerline of Maple Road) a distance of 1,791.96 feet to the point of beginning; (said point of beginning being also the Southwest corner of Highland Estates Subdivision 4th Section) thence S. 89059110" E., a distance of 335.00 feet (being also the South line of Redwing Drive and the South line of Highland Estates Subdivision 4th Section); thence N. 00000150" E. a distance of 170.00 feet; thence S. 89059' 10" E. a distance of 40.00 feet; thence N. 00000150" E. a distance of 177.00 feet; thence N. 13023127" E. a distance of 131.62 feet; thence N. 48038101" E. a distance of 154.04 feet; thence N. 60002105" E. a distance of 226.99 feet; thence N. 49011124" E. a distance of 54.56 feet; thence N. 34016100" E. a distance of 79.94 feet; thence S. 89059110" E. a distance of 141.22 feet; thence N. 00000150" E. a distance of 45.58 feet; thence S. 89059110" E. a'distance of 132.66 feet; thence S. 04007146" E. a distance of 244.06 feet; thence N. 89054153" E. a distance of 335.00 feet to the Southeast corner of 1 F1 1 1 REGULAR MEETING SEPTEMBER 9f 1974 REGULAR MEETING - RECONVENED (CONTINUED) PETITIONS (CONTINUED) Highland Estates Subdivision 3rd Section; thence S. 00005107" E. a distance of 1,465.95 feet, more or less, to the South line of said Southwest Quarter (being also the centerline of Lathrop Street); thence Westerly along said South line of said Southwest Quarter a distance of 1,432.78 feet, more or less, to the Southwest corner of said Southwest Quarter; thence N. 00000150" E. a distance of 869.74 feet, more or less, along the West line of said Southwest Quarter (being also the centerline of Maple Road) to the point of beginning, containing 46.14 acres, more or less, and subject to legal highways. 4. It is desired and requested that the foregoing property be rezoned from "A" Residence Use and "A" Height and Area District to "D" Light Industrial 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: A service building, storage yard, offices and garage for the South Bend Division of Indiana and Michigan Electric Company, some or all of which uses are presently being carried on at a similar facility of Indiana and Michigan Electric Company on real estate in the downtown area of the City of South Bend, Indiana, known as 401 East Colfax Avenue, South Bend, Indiana 46617. 6. Number of off - street parking spaces to be provided: 100. 7. Attached is a copy of (a) an existing plot plan showing my property and other surrounding properties; (b) names and addresses of all individuals, firms or corporations owning property within 300 feet of the property sought to be rezoned; (c) site development plan. Indiana and Michigan Electric Company, an Indiana corporation s/ Jack C. Dunfee, Jr. Attorney for Petitioner Petition Prepared By Jack C. Dunfee, Jr. 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. 5720 -74 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 second reading. Councilman Taylor made a motion that the ordinance pass, seconded by Councilman Kopczynski. The ordinance passed by a roll call vote of nine ayes (Council- men Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE NO. 5721 -74 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. This ordinance had second reading. Councilman Horvath made a motion that the ordinance pass, seconded by Councilman Kopczynski. The ordinance passed by a roll call vote of nine ayes (Council men Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE NO. 5722 -74 AN ORDINANCE TO APPROPRIATE $10,000 FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND, LINE ITEM 260, 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 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. 5723 -74 AN ORDINANCE APPROPRIATING THE SUM OF $13,456.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND. This ordinance had second reading. Councilman Kopczynski 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. 5724 -74 AN ORDINANCE AMENDING THE ANNUAL VACATIONS FOR CITY PERSONNEL. This ordinance had second reading. Councilman Kopczynski made a motion seconded by Councilman Taylor. The ordinance passed by a roll call vote Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn ORDINANCE NO. 5725 -74 AN ORDINANCE TRANSFERRING $325.00 IN THE AMOUNTS OF ACCOUNT #213.0, "TRAVEL EXPENSE" $200.00, ACCOUNT #252.01 "REPAIRS (continued) that the ordinance pass, of nine ayes (Councilmen and Nemeth). REGULAR MEETING SEPTEMBER 9 1974 REGULAR MEETING - RECONVENED (CONTINUED) ORDINANCE NO. 5725 -74 (CONTINUED) OF EQUIPMENT" $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 second reading. Councilman Kopczynski 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. 5726 -74 AN ORDINANCE APPROPRIATING $20,000.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC PARK PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC PARKS. 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. 5727 -74 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. This ordinance had second reading. Councilman Horvath made a motion that the ordinance pass, 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. 5728 -74 AN ORDINANCE APPROPRIATING $7,772.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS LEGAL DEPARTMENT PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF LAW. This ordinance had second reading. Councilman Kopczynski 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. 5729 -74 AN ORDINANCE TRANSFERRING THE SUM OF $7,000 TO ACCOUNT MVH NO. 370 FROM ACCOUNT NO. MVH 110, BOTH ACCOUNTS BEING WITHIN THE BUREAU OF STREETS OF THE MOTOR VEHICLE HIGHWAY FUND OF THE CITY OF SOUTH BEND, INDIANA. This ordinance had second reading. Councilman Parent made a motion that the ordinance pass, 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. 5730 -74 AN ORDINANCE TO APPROPRIATE $70,000 FROM THE LOCAL ROAD AND STREET FUND TO PROJECT R & S 65, LINCOLNWAY WEST AND BENDIX DRIVE INTERSECTION, WITHIN THE LOCAL ROADS AND STREETS FUND. This ordinance had second reading. Councilman Newburn made a motion that the ordinance pass, 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). RESOLUTIONS RESOLUTION NO. 442 -74 A RESOLUTION AUTHORIZING THE CITY CONTROLLER AND THE CITY'S LEGAL COUNSEL TO ACT ON BEHALF OF THE CITY ON ALL APPEALS REGARDING THE BUDGET AND TAX LEVY ORDINANCE. WHEREAS, the Common Council of the City of South Bend, St. Joseph County, Indiana, did, on the 26th day of August, 1974, after a public hearing was had and held, pass a budget ordinance and a tax levy ordinance; and WHEREAS, the appropriations set forth in the budget ordinance and the tax levy ordinance were enacted for the purpose of raising revenue to meet the necessary expenses of the City Government, its various departments, funds, commissions and institutions for the fiscal year ending December 31, 1975; and WHEREAS, the laws of the State of Indiana have imposed a frozen tax rate of $5.00 for the City of South Bend; and 1 J 1 1 REGULAR MEETING SEPTEMBER 91 1974 REGULAR MEETING - RECONVENED (CONTINUED) RESOLUTION NO. 442 -74 (CONTINUED) WHEREAS, the laws of this State allow for exceptions to that frozen rate; and WHEREAS, the Common Council of the City of South Bend adopted a budget and tax levy ordinance with a tax rate of $5.10 in good faith reliance on said exceptions; and WHEREAS, said budget and budget ordinance and tax levy and tax levy ordinance are subject to the scrutiny of the Auditor of St. Joseph County, Indiana, the St. Joseph County, Indiana, Board of Tax Adjustment, and the State Board of Tax Commissioners of the State of Indiana, and that any of such constituted authorities, under the powers granted them by statute, could revise', change or reduce such budget, levy and rate as fixed by the Common Council; and WHEREAS, any such revisions, changes or reductions in said budget, levy and rate, could affect the ability of the City Government to carry out its proper governmental functions and responsibilities committed to it by law. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, that in the event the St. Joseph County, Indiana, Auditor, the St. Joseph County, Indiana, Board of Tax Adjustment, or the State Board of Tax Commissioners of the State of Indiana, shall in any manner, revise, change or reduce such budget, levy or rate, as fixed by the Common Council of the City of South Bend, and by so doing, affect the ability of the City Government to carry out their proper governmental functions, the City Controller, in con- junction with the City's Legal Counsel, or other proper officer of the City, are hereby authorized, on behalf of the City, to institute, process and carry to conclusion all available appeals from any and all of such authorities to the proper appeal authority or authorities, as the case may be, and said City Controller and Legal Counsel are further authorized to file any necessary appeal(s) for relief from the decisions of any such governmental bodies to the State of Indiana Board of Tax Commissioners and the Local Government Tax Control Board of the State of Indiana, and further to file any necessary appeal(s) regarding the frozen tax rate. s/ Peter J. Nemeth Member of the Common Council A public hearing was held on the resolution at this time. Council President Nemeth submitted an amended copy of the resolution to the City Clerk, and Councilman Parent made a motion to so amend the resolution, seconded by Councilman Miller. The motion carried. Councilman Parent then made a motion to further amend the resolution to include the words "and further to file any necessary appeal(s) regarding the frozen tax rate" in the last sentence of the last paragraph. Councilman Taylor seconded the motion. The motion carried. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, asked if the Council could delay action on the resolution so that the association and public would have a better opportunity to review the matter. Council President Nemeth stated that the Council only had a 30 -day time limit after passage of the budget and he did not feel the Council could afford the delay. Mr. Evans wondered about the wording of the original resolution and the amended resolution. Council President Nemeth stated that the amended resolutio was quite similar to the original resolution except that now the city was requesting that any necessary appeals be filed regarding the frozen tax rate. Mr. Evans asked about the possibility of deleting the phrase regarding appeals from any and all authorities to the proper appeal authority. He felt this issue could be taken to the Supreme Court, and he felt court battles should not have to be supported by the taxpayers in this matter. Council President Nemeth felt this should be the route taken if necessary, and he reminded Mr. Evans that, should any appropria- tions.be needed to take the matter to court, the Council would have to approve such requests. Councilman Parent made a motion to adopt the resolution as amended, seconded by Councilman Newburn, The resolution was adopted by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCES, FIRST READING iORDINANCE AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND (George F. Burnett Company, Inc.) This ordinance had first reading. Councilman Kopczynski made a motion that the ordinance be set for public hearing and second reading on September 23, 1974, seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE ZONING A PARCEL OF LAND WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA (George F. Burnett Company, Inc.) This ordinance had first reading. Councilman Parent 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 AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 40, MUNICIPAL CODE) -- Northeast corner of Bendix Drive and Lathrop Street. This ordinance had first reading. Councilman Parent 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 $110,000.00 FROM THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR (continued) REGULAR MEETING SEPTEMBER 9 1974 REGULAR MEETING - RECONVENED (CONTINUED) ORDINANCE (CONTINUED) REPAIR WORK TO THE SOUTH BEND DAM, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC WORKS. This ordinance had first reading. Councilman Parent made a motion to set the ordinance for public hearing and second reading on September 23, 1974, seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE FOR ADDITIONAL APPROPRIATION FROM THE GENERAL PARK FUND TO ACCT. #260.0, "OTHER CONTRACTUAL SERVICES ", IN THE AMOUNT OF $32,754.00, AND ACCT. #440.0, "OTHER MATERIALS ", IN THE AMOUNT OF $7,000.00. This ordinance had first reading. Councilman Miller made a motion to set the ordinance for public hearing and second reading on September 23, 1974, seconded by Councilman Taylor. The moti carried. ORDINANCE AN ORDINANCE APPROPRIATING THE SUM OF $26,730.00 FROM THE LOCAL ROADS AND STREETS FUND, AND $2,970.00 FROM LINE ITEM 260.0 OF THE CUMULATIVE CAPITAL IMPROVEMENT FUND TO R & S 66, AND R & S 67 AS SET FORTH IN SECTION I OF THIS ORDINANCE. This ordinance had first reading. Councilman Horvath made a motion to set the ordinance for publ hearing and second reading on September 23, 1974, seconded by Councilman Newburn. The motion carried. ORDINANCE AN ORDINANCE AUTHORIZING THE TRANSFER OF $950.77 FROM THE MUNICIPAL BONDS OF 1965 FUND TO THE GENERAL SINKING 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 23, 1974, seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $6,800.00 TO ACCOUNT NO. 610.0, "CURRENT OBLIGATIONS - INTEREST ON BONDS" FROM THE GENERAL SINKING BOND FUND OF THE CITY OF SOUTH BEND, INDIANA. This ordinance had first reading. Councilman Newburn made a motion to set the ordinance for public hearing and second reading on September 23, 1974, seconded by Councilman Horvath. The motion carried. ORDINANCE AN ORDINANCE TRANSFERRING $3,900.00 FROM THE MUNICIPAL BONDS OF 1971 TO THE GENERAL SINKING BOND FUND, BOTH FUNDS BEING WITHIN THE CITY OF SOUTH BEND, INDIANA. This ordinance had first reading. Councilman Newburn made a motion to set the ordinance for public hearing and second reading on September 23, 1974, seconded by Councilman Horvath. The motion carried. PRIVILEGE OF THE FLOOR Mr. Gene Evans, Executive Secretary of the Civic Planning Association, stated that the public was not made aware of the contents of the report of the Committee on Claims or the report made by Mr. Hojnacki which had been submitted to the Councilmen in written form. Council President Nemeth stated that the reports would be made available in the City Clerk's Office. He was sure that Mr. Hojnacki would also be willing to make his report available to anyone who desired a copy. Miss Fanny Grunwald, 227 South Frances Street, indicated that the Zion Church in her area had called a meeting of all the property owners in the vicinity in an effort to try and keep the neighborhood in a safe condition. She stated that there were a couple real estate offices letting certain rental property deteriorate. She indicated that the group was trying to get people interested in maintaining their properties and keeping their properties in a good and safe condi- tion. She also mentioned that some residents in the 700 block of East Wayne Street have been threatened by a local realtor to sell their properties. Councilman Horvath was concerned about the threats and the person making them. Council President Nemeth suggested that the Prosecutor's Office be contacted regarding the threats. Miss Grunwald also wondered how the south end of Carroll Street was rezoned. She wondered if this property was zoned for a business. Council President Nemeth stated that that information was not available to the Council members at the present time. He suggested that Miss Grunwald contact the Building Department. Councilman Parent) indicated that he would be happy to help Miss Grunwald with her problems. She informed the Counci that the next meeting of the group would be on September 22, at 2:00 p.m. UNFINISHED BUSINESS Council President Nemeth indicated that the rezoning of property located at 28.22 South Michigan Street owned by Dr. Ronald Milovich, passed by the Council on August 12, 1974, had been sent back to the Area Plan Commission as required by the statutes. The Area Plan Commission had maintained its original unfavorable recommendation concerning the rezoning, and state law required that the Council vote again on the matter. Councilman Kopczynski made a motion to pass the ordinance as originally passed on August 12, 1974, seconded by Councilman Newburn. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). 1 1 1 �AL REGULAR MEETING SEPTEMBER 9, 1974 REGULAR MEETING RECONVENED (CONTINUED) NEW BUSINESS Council President Nemeth announced the formation of a special committee regarding the Police Department, which committee consisted of the following members: Council President Nemeth as chairman, Councilmen Horvath, Miller, Kopczynski and Parent. There being no further business to come before the Council, unfinished or new, Councilman Newburn made a motion to adjourn, seconded by Councilman Kopczynski. The motion carried and the meeting adjourned at 7:55 p.m. ATTEST: A7VE- CLERK PRESIDENT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++