HomeMy WebLinkAbout10-14-74 Council Meeting MinutesREGULAR MEETING OCTOBER 14, 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, October 14, 1974, at 7:05 p.m., Council President Peter J.
Nemeth presiding. The meeting was called to order and the Pledge to the Flag was given.
ROLL CALL PRESENT:. Councilmen Serge, Szymkowiak,
Miller, Parent, Taylor, Kopczynski,
Horvath, Newburn and Nemeth.
ABSENT: None.
Council President Nemeth announced , that item 11D on the agenda, being a resolution approving the
transition of the city's comprehensive demonstration program, would not be heard at this meeting
but would be set over until the October 28th Council meeting
Councilman Kopczynski made a motion to resolve into the Committee of the Whole, seconded by
Councilman Horvath. 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, October 14, 1974, at 7 :06 p.m., with nine members present. Chairman Odell
Newburn presided. He explained that, in the Committee of the Whole portion of the meeting, the
public hearings were held on the ordinances. He encouraged participation from the audoence and
indicated that he would try to be fair and give everyone an opportunity to speak. He stated that,
after the public has had a chance to speak, the public hearing would be closed and only comments
from the Council members would be heard.
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
for the ;ordinance. He stated that he had introduced the ordinance on July 2nd and the first heari g
had been held on August 12. He indicated that several recommendations were made by citizens since
the ordinance had been -filed and another hearing had been held on September 23rd, at which time h
had moved to amend the ordinance to incorporate some of the recommendations made. He indicated
that, basically, the ordinance covered the limitation of campaign contributions, expenditures, and
prohibited the one percent club. He stated that he had included a provision for an enforcement
body. He thanked the League of Women Voters and the American Association of University Women for
their time spent in trying to come up with a workable ordinance. He felt there would be no useful
purpose in going over the ordinance again, and he stated that the-rest would be up to the Council.
Mrs.. Nancy Kommers,, 314 East Pokagon, President of the League of Women Voters, once again urged
that the Council act favorably on a fair campaign practices ordinance for the city, hopefully
compromising between Council President Nemeth's ordinance and Mayor Miller's ordinance.
Council President Nemeth made a motion to amend the original ordinance as proposed to be amended
at the September 23rd meeting, seconded by Councilman Kopczynski. Councilman Parent felt the
section restricting the amount of money spent on a campaign should be amended. He wondered if the
Council could legislate in that area. He indicated that other portions of the ordinance were
already covered by the statutes. The motion to amend carried. Councilman Parent then made a
motion to amend the ordinance further by deleting Section VI, which was already covered by the
statutes, and amending Section VIII(b) to read: No candidate or political committee acting in
furtherance of the nomination or election of said candidate shall expend any money that will cause
the cumulative amount expended on behalf of that candidate to exceed two times the annual salary
paid for the current calendar year for the City office which the candidate seeks. Said limitation
shall apply separately to the primary and general election. Councilman Horvath seconded the motic
to amend further.
- Councilman Miller stated ;that _$150,000 could possibly be spent on a city election if Councilman
Parent's motion passed. Councilman Parent stated that all the expenditures would not be duplicate l.
He stated that he was talking about candidates running individual races. Council President Nemeth
stated that he had received some help from a model campaign ordinance in drafting his ordinance, aid
he felt that, in the case of the Mayor's election, the suggested amount was $12,000 and $25,000
should be sufficient. Councilman Taylor felt that the voter would be more interested in the part
of the ordinance that called for complete disclosure of all campaign finances several times
before an election and also after the election. He felt the Council should concentrate on that
issue, and he indicated that he agreed with Councilman Parent's amendments. Councilman Parent felt
that the issue was that the incumbent does not need to spend as much as the outsider. He felt the
newcomer was being restricted from coming into politics. He stated that that was the reason why'
he wanted to keep the maximum amount for expenditures at a high figure. He called for the questi
Chairman Newburn asked for a roll call vote to stop debate. Debate was stopped by a vote of five
ayes (Councilmen' Serge, Parent, Taylor, Horvath and Newburn) and four nays (Councilmen Szymkowiak,
Miller, Kopczynski and Nemeth). Chairman Newburn then requested a roll call vote on Councilman
Parent's motion to further amend the ordinance. The amendments passed by a vote of five ayes
(Councilmen Serge, Parent, Taylor, Horvath and Newburn) and four nays (Councilmen Szymkowiak,
Miller, Kopczynski and Nemeth). Councilman Parent then made a motion that the ordinance be
recommended favorably to the Council, as amended, seconded by Councilman Serge. The motion carriel
REGULAR MEETING OCTOBER 14, 1974
COMMITTEE OF THE WHOLE MEETING (CONTINUED)
ORDINANCE AN ORDINANCE ESTABLISHING FAIR CAMPAIGN
PRACTICES AND DISCLOSURE 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. Mr. James Roemer, City Attorney, made the pre-
sentation for the ordinance. He stated that he felt the city was faced with a pre - emption problem
under Council President Nemeth's ordinance. He felt that the research he had done showed that the
Corrupt Practices Law pre - empts. He also pointed out that the administration felt strongly about
a section on personal disclosure and this was not covered in Council President Nemeth's ordinance.
He could not see the need for the passage of the ordinance at this time because it was too late_
to affect the current campaign. He felt a January lst date should be strived for. He mentioned
the Federal Election Campaign Act which would probably be signed by the President soon. He stated
that it was the position of the administration that a fair campaign practices ordinance be passed
but not in the present format. He asked that the Council give more time to the ordinances.
Councilman Horvath felt the pre - emption objection would be covered in Section X of the ordinance.
He also stated that the current election was a county election and that the city election took
place next year. Mr. Roemer felt that, to pass an ordinance when one of the paragraphs was in
violation, was not proper even if it was covered in Section X. He asked if the Council's attorney
had agreed with him on pre - emption. Council President Nemeth stated that the Council's attorney
had "left that up in the air ". Councilman Kopczynski stated that state law prohibits policemen
and firemen from engaging in political activities. He wondered if this had been enforced in South
Bend. Mr. Roemer stated that he did not know of any violations, and Councilman Kopczynski stated
that he had witnessed some cases of this. He felt personal financial disclosure might be a hin-
drance in getting good candidates into office. Council President Nemeth stated that, in the
Attorney General's Opinion No. 21, dated September 13, 1973, it was stated that the dollar amounts
do not apply to political committees. He felt that, in effect, there were no limitations, and he
could not understand how the Council could be pre - empted. Mr. Roemer maintained that the ordinance
would be an illegal ordinance if passed as amended. Council President Nemeth wondered if the
administration was pre - empted regarding personal disclosure in its ordinance. Mr. Roemer felt
the state laws did not cover this. He did not see a pre - emption problem in that area. Councilman
Miller felt the legality of things showed up eventually, and he agreed with Councilman Horvath
that the severability clause in Section X would take care of anything illegal in the ordinance.
Regarding disclosure of personal finances, he felt this could become a political question rather
than a factual one. He talked about the problems encountered in Georgia with its "tough disclosure
law ". He did not know where the Mayor stood on the issue, and he stated that the Council was aware
that the Mayor would veto the ordinance. Mr. Roemer felt there was no question on where the
administration and the Mayor stood regarding the fair campaign practices ordinance. Councilman
Kopczynski wondered why the Mayor had not incorporated the ending of the one percent club in his
ordinance. Mr. Roemer answered that the Mayor had wanted until January 1st to delay abolishment
of the one percent club in order to try and come up with another solution regarding contributions.
Councilman Kopczynski felt that the Mayor was using political funds if he was not willing to end tl
one percent club now. Mr. Roemer indicated that the Mayor was not using political funds illegally,
Councilman Kopczynski wondered if the Mayor had filed a disclosure. Mr. Roemer indicated that he
had filed a disclosure personally with the County Clerk. Councilman Kopczynski wondered if the
money that went to the political committee was not covered in the Mayor's report. Mr. James
Barcome, City Controller, stated that he could not answer for the Central Committee. He stated
that the Mayor had filed his own one percent report. Councilman Parent commended the City
Attorney's staff for drafting a fine ordinance. He felt that ordinance was the best one.
Councilman Parent made a motion that the ordinance be recommended favorably to the Council,
seconded by Councilman Serge. Chairman Newburn asked for a roll call vote on the motion. The
motion carried by a vote of five ayes (Councilmen Serge, Parent, Taylor, Horvath and Newburn) and
four nays (Councilmen Szymkowiak, Miller, Kopczynski and Nemeth).
ORDINANCE 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.
This being the time heretofore set for public hearing on the above ordinance, proponents and
opponents were given an opportunity to be heard. Mr. William Hojnacki, Director of the Department
of Human Resources and Economic Development, made the presentation for the ordinance. He indicate(
that the ordinance had been discussed many times in the past. He stated that there has been a
great deal of controversy; however, the controversy did not deal with the issue at hand - -that bein
the funding of a worthwhile program in the community. He stated that the location of the treatmen
center was very controversial. He stated that the administration would actively seek to find
another suitable location. When this was done, relocation would take place. He stated, however,
that this was not a guarantee the program would be relocated.
Chairman Newburn cautioned the audience on the use of personalities in the presentations. He
indicated that he would try to allow one speaker in favor of the ordinance and then give equal tim4
to one speaker against the ordinance, and so forth. Mr. Hojnacki indicated that he desired to have
Mr. Geoffrey Newman make a presentation on the budget concerning the appropriation. Mr. Geoffrey
Newman, 1955 Brookmede Drive, Chairman of the Metropolitan Drug Abuse Council, indicated that the
appropriation ordinance would provide for the continued operation of Delos House. He stated that
he could not emphasize the importance of the Delos House because of its comprehensiveness. He
asked the support of the Council regarding the appropriation. He talked about the location of
Delos House and the controversy it has caused. He felt the issue was having detrimental affects
on the program. He stated that the Council must respond to the citizens' wishes and that there
were voices to be heard on each side of the issue. He indicated that the petitions submitted (one
containing approximately 600 signatures against Delos House and one containing approximately 250
signatures for the program) should be considered seriously. He stated that the petition con-
taining signatures against the program contained signatures from a much larger area, and even area;
not anywhere near Delos House. He proposed that a Site Location Committee be established after
the passage of the ordinance consisting of two members of the Human Resources Committee, two membe:
REGULAR MEETING OCTOBER 14, 1974
COMMITTEE OF THE WHOLE MEETING (CONTINUED)
from the administration, two members from the Mental Health Board and two members from the Drug
Abuse Council. He mentioned that some alternate locations have been mentioned for Delos House:
the Notre Dame Faculty Club, the Nemeth Funeral Home, an area for sale on U.S. 31 North, the
Dugdale Estate on Jefferson Boulevard and Tippecanoe Place. Mr. Leo Wallisch, 446 LaPorte Avenue,
indicated that he was the mailman for Park Avenue and the surrounding area. He stated that the
area has always been a quiet and harmonious area. Then, a drug center "was slipped into the area
during the night; and the problems started ". He stated that he had not signed the petition against
Delos House and he did not live in the area. He stated that he was concerned about the "social
do- gooders ". He indicated that the Council should not be intimidated in its decision regarding the
drug treatment center. Dr. Glenn Harris, 53175 Oakton Drive, Director of the Mental Health Center,
spoke in defense of the program for the community. He stated that the Board of Directors of the
Mental Health Center has scrutinized the program and the budget, and supported the appropriation
request. He stated that an advisory committee had been formed to work with all aspects of the
program. He indicated that most of the reactions he had heard concerning the program were favorab
He felt that, if the program was not doing a service to the community, he would not support such a
program. Regarding the location of Delos House, he stated that he would not object to relocation
to an equally favorable location. Mr. Donald Fisher, 909 Riverside Drive, thanked the Council for
the courtesies extended to those opposing the program. He stated that no politics had entered int
any conversation. He indicated that the NIDAS program must be continued; however, he stated that
the citizens' requests must be acknowledged. He felt that the program could only work effectively
at the proper location. He submitted his statement to the City Clerk and he asked that all those
opposing the issue refrain from speaking further. He felt that the Council had heard all that
could be said. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, referred
to the budget for the Delos House operation and wondered about the residency in the house of 30
persons. He stated that the capacity within the house was considerably less. He asked that this
amount be reduced accordingly. Mr. Joseph Stephens, 3417 Oakcrest Drive, the Administrator for the
Mental Health Center, stated that the budget submitted recently was based on occupancy of 25 perso
He felt there could be some reduction of expenses if the census was lower than 25. He stated that
the budget was based upon goals. Mr. Evans stated that the capacity was still less than anticipate
He stated that a full staff was being maintained and would be overstaffing the program without full
capacity. Dr. Rene Wilett, Executive Director of the Northern Indiana Drug Abuse Services, stated
that, at one time, there were 23 members in the program. He indicated that an important part of
the program was a "live -out" segment. An average of 17 persons have been living in the house.
He felt that, because of the resistance against the program, the fullest capacity was being hamper
He stated that the courts close for a period within the summer also; and this could be a reason fox
not being at full capacity. Mr. Paul Bognar, 807 West Washington, stated that he was not opposed
to the concept of the program; however, the members of the program have been having difficulty
because of the present location. He requested the Council to postpone funding of the program until
an appropriate location was found. Mr. George Hickner, 835 Park Avenue, felt that the community he
lost sight of the concept of the program. He talked about the lives being saved because of the
program, and he felt it was a very needed and worthwhile program for the community. He felt "a
little rage" because of the controversy regarding Delos House. He urged that the Council appropri
the funds to keep the program going. Mrs. Lee Swan, 2022 Swygart, stated that, in the community,
there were between 500 and 800 heroin users and between 3,000 and 5,000 poly -drug users. She felt
Dr. Wilett's statement regarding full capacity and the closing of the courts was ridiculous. She
talked about the "so- called graduates" of the program. She felt the graduates should be named. I
July, there should have been 213 persons being treated for drug abuse and NIDAS only reported 98
persons. She wondered about this. She felt various members of NIDAS have threatened the public
in the event the funding was not approved. She talked about the controversy created because of th
present location of Delos House. Dr. Wilett referred to a letter written by Judge George Beamer,
which letter was addressed to the Council members. He read the statement supporting the program
and submitted it to the Council. He stated that the Chamber of Commerce authorized a task force
to review the programs of NIDAS, and the Chamber gave overall approval of the treatment program an
recommended adoption of a program within the South Bend Community School Corporation. Recently,
seven members have graduated from Delos House, only a part of the entire program. He stated that
NIDAS was trying to do the best job possible and needed an effective program. He referred to
charts showing the types of people that needed help. He talked about the professionals administer'
and working within the program and the community leaders; how the program helped individuals
through counseling, education and vocational training. He stated that individuals are received
through volunteers, courts and parole systems, and various agencies throughout the community. He
felt NIDAS was saving the community great expenses by taking the addict off the street even for a
short period of time. He.stated that Delos House was the comprehensive part of the drug treatment
program. He asked for the Council's evaluation of the program and urged approval of the appropria-
tion for continued operation. Mrs. Shirley Galloway, 302 East Chippewa, felt that no one wanted t
help the drug addicts. She gave NIDAS credit for trying to help the addicts, and she stated that
her own son was involved in the program. She hoped the Council would appropriate the necessary
funds. Mr. Robert Gonderman, 1126 Irvington, indicated that he practiced law in South Bend and he
knew about the problems caused by the drug addicts. He felt NIDAS was offering a reasonable alter-
native to the problem within the community. He indicated that he was on the Board for the Mental
Health Center, and he would try to accommodate the people in the neighborhood concerning the loca-
tion of Delos House. He asked that the residents in the area be patient a while longer until
another suitable location was found.
Councilman Serge stated that tonight was the first time Mr. Newman had come forward to request an
eight -man committee to look into the relocation of Delos House. He indicated that he was pleased
to see that, and he felt that relocation could be accomplished. Councilman Kopczynski stated that
he objected to the budget for the program - -not the concept of the program. He wondered about bein<
overstaffed; and the percentage of city residents involved in the program. He wondered why the ci•
should fund a program which benefited residents outside the city. He indicated that he had propos(
budget cuts. He stated that he was disappointed by the lack of cooperation shown by the members o:
NIDAS. He indicated that he would not approve the present type of administration of the program.
He wondered what the members of Delos House do'for gainful employment. Dr. Wilett indicated that
the five outside persons were employed. Councilman Kopczynski wondered if those persons eat at
Delos House, and Dr. Wilett answered by stating that they eat at Delos House only if they are them
for a period of several hours. Councilman Kopczynski indicated that the Couneil had not been gives
definite figures concerning certain items and that line items were not set forth as requested.
Reverend McGill, 1624 East Wayne Street, indicated that he had been willing to provide whatever
information the Council requested. He stated that he had assured Councilman Kopczynski that he
would provide whatever information the Council was having difficulty obtaining regarding the pro-
gram. Councilman Kopczynski indicated that he had asked for a copy of the lease on the property a-
e
REGULAR MEETING OCTOBER 14 1974
COMMITTEE OF THE WHOLE MEETING (CONTINUED)
228 West Bartlett and had never received it. Councilman Parent felt that the community was getting
a very good program for the amount of money being spent. He felt the Council should be very care-
ful about how the money was being spent; however, the program needed the funds to operate effec-
tively.
Councilman Taylor made a motion to fund Delos House for a three -month period at a figure of $23,750
seconded by Councilman Horvath. Councilman Kopczynski wondered how Councilman Taylor had arrived
at that figure. Councilman Taylor indicated that this was basically a 10% cut. He indicated that
he had no interest in "killing the program ". He stated that, in about three months, the lease for
Delos House would expire, and he felt the program could be salvaged after relocation to another
area. Mr. Stephens indicated that the lease did not expire until February 14th. Councilman Taylor
stated that perhaps his motion could be amended to include the term of the lease. Councilman
Kopczynski wondered about the amount of money left, or surplus. Mr. Stephens indicated that there
was a surplus of about $24,000 which was included in the present budget. Councilman Kopczynski
indicated that, with the surplus, the program could be operated for the next few months without
additional appropriations. Mr. Stephens agreed. Councilman Kopczynski wondered why the lease had
not been supplied to him when requested. Mr. Stephens indicated that he had gone to extreme length
to accommodate the Council's requests, in his opinion. Councilman Miller wondered if Dr. Wilett
could make any reductions in the appropriation request. Dr. Wilett felt NIDAS must have the freedo
to administer the program without line items. He indicated that the program could only be operated
for a certain period of time with the surplus in the budget, and he asked that the Council appro-
priate a budget to take the program through the lease period. Mr. Stephens stated that $8,500
would be needed for each month of operation. Councilman Miller felt that, with the current carry --
over, the program could be funded through the lease period at $23,750. Councilman Szymkowiak felt
[MIDAS was "being free with someone else's money ". He felt the money should be spent more wisely.
Mr. Stephens indicated that there was approximately a six to eight week waiting period before the
funds could be used if appropriated now. He stated that he would have to come back to the Council
before the expiration of the lease to cover the gap. He requested that the Council appropriate an
additional two months' funds. Councilman Parent called for the question. Chairman Newburn
requested a roll call vote on the motion to amend the appropriation to $23,750. The motion carried
by a roll call vote of eight ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Horvath,
Newburn and Nemeth) and one nay (Councilman Kopczynski).
Councilman Miller requested a recess and so moved, seconded by Councilman Taylor. The motion
carried, and the Committee of the Whole recessed at 9:25 p.m. Reconvened at 9:53 p.m. Councilman
Taylor made a motion that the ordinance be recommended favorably, as amended, to the Council,
seconded by Councilman Horvath. 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) -
Bendix Drive between Green Street and Bonds
Avenue.
This being the time heretofore set for public hearing on the above ordinance, proponents and
opponents were given an opportunity to be heard. Mr. Jack C. Dunfee, Jr., Attorney at Law practic
at 645 First Bank Building, made the presentation for the ordinance. He indicated that he was
(representing the petitioner, Mr. Ray Debshaw, who would be the developer and owner of the property
in question if the rezoning was successful. At present, the Bendix Corporation was the owner of
the property. Mr. Dunfee referred to the overhead projector which showed the boundaries of the
property located on the east side of Bendix Drive between Green Street and Bonds Avenue. The zoni
would be changed from "B" Residential to "C -1" Commercial for the construction of a drug store. H
indicated that this was the first rezoning petition he had presented to the Council that had
received a unanimous unfavorable recommendation from the Area Plan Commission. He felt the proper
could be developed according to a site development plan over which the Area Plan Commission and
Council had control. He explained that the area, as presently zoned, could be used for multiple -
family dwelling units and many other uses that could be detrimental to the area. He stated that
the petitioner would construct a drug store under the "C -1" District and would be required to sub-
mit site plans for Area Plan's approval. He talked about the other commercial uses in the area,
indicating that at some future time, the whole area would eventually become commercial. He asked
that the Council approve the rezoning in order that the petitioner could provide an orderly
development of the area.
Mr. Eugene Pawlak, 3013 Fredrickson Street, talked about the traffic congestion in the area becaus
of the commercial establishments, Bendix Corporation and the park. He felt traffic could not be
controlled, and this was his major objection. Councilman Kopczynski wondered if Mr. Pawlak felt
there was adequate police protection for the traffic problem. Mr. Pawlak felt the police did the
best job possible in the area of the traffic congestion and also concerning activities, such as
ball games, at the park. Councilman Szymkowiak stated that 213 petitioners wanted to preserve the
area in the residential classification. He felt the opposite side of the street would be a better
location for commercial establishments. Mr. Dunfee stated that Mr. Debshaw had agreed to purchase
two lots in back of the property and would leave the area residential as a buffer.
Councilman Szymkowiak made a motion that the ordinance be recommended unfavorably to the Council,
seconded by Councilman Parent. The motion carried.
ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING
CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH
BEND, INDIANA - intersection of Cushing and
Beale Streets.
This being the time heretofore set for public hearing on the above ordinance, proponents and
opponents were given an opportunity to be heard. Mr. Richard Doyle, Attorney at Law practicing at
516 Odd Fellows Building, made the presentation for the ordinance. He indicated that he was
representing the petitioner, Robert Batteast, who desired to rezone the property to "B" Residentia
for the construction of two buildings containing 16 dwelling units. He referred to the overhead
projector showing the property in question and stated that the land had not been developed because
of years of litigation. He indicated that now the title has been cleared. He stated that there
would be parking in back with adequate landscaping, and the units would be'brick veneer with
REGULAR MEETING OCTOBER 14, 1974
COMMITTEE OF THE WHOLE MEETING (CONTINUED)
mansard roofs. Off - street parking would be provided for 32 vehicles with the entrance on the Cu
Street side. He indicated that this was not public housing.
Mrs. Thomas Bell, 922 Roosevelt Street, indicated that Cushing Street was an unpaved, dead -end
street: She wondered if Mr. Batteast was planning on paving Cushing Street, and Mr. Batteast
indicated that he was not. Mrs. Bell talked about the problem with the streets washing out and
the increased traffic. She felt the area was too small for that large an amount of residents.
Mr. Doyle indicated that adequate parking would be provided for the apartment units. Councilman
Miller wondered about the large tract of land east of the area in question, and Mr. Doyle indicates
that the land was undeveloped. Councilman Miller wondered who owned the property, and Mrs. Bell
stated that the area would be a parking lot for the new Brown Middle School. She mentioned that
there were also some new condominiums being constructed in that area. Councilman Miller felt the
zoning questions before the Council were always unanswerable. He felt the city was going to be
faced with more and more housing needs; however, he felt the rezoning being considered was
infringing upon the single- family area. Councilman Serge indicated that he had a petition against
the rezoning. Councilman Parent asked if a representative from the Area Plan Commission could
summarize the commission's findings. Mr. Ralph Stonebraker, Assistant Director of the Area Plan
Commission, indicated that the commission felt the rezoning was not consistent with the land -use
plan. The subject property had been designated as a residential, low density area. Council
President Nemeth asked when the land -use plan was developed. He wondered if it had ever been
amended. Mr. Stonebraker stated that the plan was developed in 1967. He indicated that there
have been no amendments to the plan, and he admitted that the plan had never been officially
adopted by the Area Plan Commission but was used as a policy- making plan. Council President
Nemeth wondered if the new condominiums were merely speculation, and Mr. Stonebraker indicated tha
the condominiums definitely would be constructed. Council President Nemeth wondered how the Area
Plan Commission could approve condominiums in the area and then vote against Mr. Batteast's reques
for multiple - family dwelling units. Mr. Stonebraker stated that it was a good question, but he
did not know the answer. Council President Nemeth asked what was on the site at the current time,
and Mr. Stonebraker indicated that the land was a vacant and wooded area. Mr. Thomas Bell, 922
Roosevelt Street, referred to the overhead projector and indicated that Cushing Street was the
only street for the whole residential area that came out to Riverside. He stated that he did not
know how the buses for the new middle school would come in. Councilman Miller indicated that, if
the area was left undeveloped, there could be problems with the school children loitering in the
area. Council President Nemeth wondered who the developer was for the condominiums, and Mr.
Stonebraker indicated that he was not sure. Council President Nemeth stated that it was probably
not a small businessman, and Mr. Stonebraker agreed. Councilman Kopczynski asked Councilman
Serge's opinion regarding the proposed rezoning. Councilman Serge indicated that the people in
the area were against the rezoning, and he would support their wishes.
Councilman Serge made a motion that the ordinance be recommended unfavorably to the Council,
seconded by Councilman Szymkowiak. The motion carried.
ORDINANCE AN ORDINANCE APPROPRIATING THE SUM OF
$19,869.57 FROM THE CUMULATIVE SEWER
BUILDING AND SINKING FUND (Oak Park -
Edison Road sanitary sewers).
This being the time heretofore set for public hearing on the above ordinance, proponents 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 explained that sanitary sewers
were installed on Edison Road and Oak Park Drive from Ironwood to about three blocks west of
Ironwood. He indicated that this installation was part of the overall plan to provide sewers to
the residents of the city under the Barrett Law. Council President Nemeth asked when the project
was completed, and Mr. Wells stated that it was completed about one month ago.
Councilman Taylor made a''motion that the ordinance be recommended favorably to the Council,
seconded by Councilman Kopczynski. The motion carried.
ORDINANCE AN ORDINANCE APPROPRIATING $600.00 FROM
THE PARKING METER FUND TO ACCOUNT 430.0,
"REPAIR PARTS ", WITHIN THE PARKING METER
DEPARTMENT, 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. Walter Lantz, Deputy Controller, made the
presentation for the ordinance. He explained that the ordinance was necessitated because of the
increase in vandalism to the parking meters. Councilman Kopczynski wondered if the administration
was taking any special steps to correct the vandalism in the area of the parking meters. Mr.
Lantz indicated that the meters were being wathed and all damages were reported by the Traffic
Department. Councilman Kopczynski wondered if the Traffic Department was finding the damaged
meters before the Police Department was, and Mr. Lantz indicated that both departments were
reporting the vandalism. Mr. James Barcome, City Controller, indicated that there has been some
surveillance on the parking meters and it has proved successful. He stated that, over a period
of two years, damaged meters must be repaired. Councilman Kopczynski felt the city should be
reimbursed by the vandals for the damages, and Mr. Barcome agreed, stating that the Legal
Department was involved in that aspect. He was hopeful that, when the bond obligations were met,
the parking meters could be eliminated. Councilman Miller stated that there were economic reasons
for the parking meters, and he felt many other things could be done without eliminating parking
meters to help the downtown area survive.
Councilman Serge made a motion that the ordinance be recommended favorably to the Council,
seconded by Councilman Kopczynski. The motion carried.
ORDINANCE AN ORDINANCE TRANSFERRING $1,000.00
FROM ACCOUNT 630.0, "P.E.R.F. ", TO
ACCOUNT 242.0, "PUBLICATION OF LEGAL
NOTICES ", BOTH ACCOUNTS BEING WITHIN
THE CONTROLLER'S BUDGET OF THE GENERAL
FUND OF THE CITY OF SOUTH BEND, INDIANA.
REGULAR MEETING OCTOBER 14, 1974
ICOMMITTEE 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, Deputy Controller, made the
presentation for the ordinance. He stated that, with the increase in the number of ordinances
passed this year, especially in the area of revenue sharing funds, additional funds would be need
to cover the costs of publication. He stated that, in the 1975 budget, $700 more had been budget
(Councilman Parent made a motion that the ordinance be recommended favorably to the Council,
seconded by Councilman Taylor. The motion carried.
ORDINANCE AN ORDINANCE TRANSFERRING FUNDS BETWEEN
VARIOUS ACCOUNTS WITHIN THE FIRE DEPARTMENT
BUDGET, IN 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. Walter Lantz, Deputy Controller, made the
presentation for the ordinance. He requested the Council to amend the ordinance by reducing the
transfer amount of $10,000 to $8,000, as follows:
Account 252.0, Services Contractual, be amended to $1,000.
Account 430.0, Materials, be amended to $1,500.
Councilman Kopczynski made a motion to so amend the ordinance, seconded by Councilman Parent. The
motion carried. Councilman Miller then made a motion that the amended ordinance be recommended
favorably to the Council, seconded by Councilman Serge. The motion carried.
ORDINANCE AN ORDINANCE PROHIBITING SMOKING AND
THE CARRYING OF LIGHTED OBJECTS UPON BUSES.
This being the time heretofore set for public hearing on the above ordinance, proponents and
opponents were given an opportunity to be heard. Miss Kathleen Cekanski, Deputy City Attorney,
made the presentation for the ordinance. She stated that the ordinance was self - explanatory, but
she would be happy to answer any questions which the Council members or audience might have. Mr.
James Pender, Managing Director of the American Lung Association, 319 South Main, spoke in support
of the ordinance. He indicated that the American Lung Association was concerned about not only the
discomfort of eyes and nasal passages because of smoking, but also that smoking was a hazard to
everyone's health. Councilman Miller wondered if any of the city buses had separate compartments
for smoking, and Miss Cekanski indicated that she was not sure. Councilman Parent stated that
there have always been "no smoking" signs on the buses. Miss Cekanski indicated that this was
covered in a prior ordinance which had been lost in the recodification of the code; thus the need
for a new ordinance. Councilman Taylor felt the ordinance was unenforceable. He stated that it
could apply to all buses within the city, even chartered buses. He felt the city buses should be
specified in the ordinance. Council President Nemeth suggested that the ordinance be amended in
order to be incorporated into the Municipal Code. He asked if this could be done within the next
week and the hearing on the ordinance continued until the October 21st meeting. Miss Cekanski
agreed to Council President Nemeth's suggestion.
Council President Nemeth made a motion to continue the ordinance to the October 21st meeting of
the Council, seconded by Councilman Szymkowiak. The motion carried.
There being no further business to come before the Committee of the Whole, Councilman Horvath made
a motion to rise and report to the Council, seconded by Councilman Parent. The motion carried.
ATTEST:
CITY CLERK
REGULAR MEETING - RECONVENED
Be it remembered that the regular meeting of the Common Council of the City of South Bend, Indiana,
reconvened in the Council Chambers at 10:55 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 September 23, 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 (Counciln
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:
RRQUT AR MPPTTNC' OCTOBER 14, 1974
REGULAR MEETING - RECONVENED (CONTINUED)
REPORT FROM THE COMMITTEE ON CLAIMS (CONTINUED)
Your special Committee on Claims would respectfully report that it has inspected
the claims which have been submitted since the last regular meeting of the Council,
and recommend that said claims be approved.
The following claims are not approved: None.
Peter J. Nemeth
Chairman
Council President Nemeth indicated that the committee had had some questions concerning a few of
the claims submitted for payment; however, Mr. Lantz had provided answers to the committee's
questions. Councilman Taylor made a motion that the report be accepted as read and placed on file
and the claims be approved for payment, seconded by Councilman Kopczynski. The motion carried.
REPORT FROM THE DIRECTOR OF THE DEPARTMENT OF ADMINISTRATION AND FINANCE
Mr. James Barcome, City Controller, made his quarterly report to the Council. He introduced Mr.
Ron Finnigan, a new employee in the Personnel Department. He stated that Mr. Finnigan was employe
through the Manpower Program and had already designed a new application for the program. He then
explained that the Personnel Department was involved in three current projects. The first project
dealt with a major revision of the city's employment application forms because of federal and stat
regulations and the need for more comprehensive information on prospective employees. The second
project would provide for an update of all current employees' personnel records, thus following
the standards established by the Intergovernmental Personnel Management Association. The last
project dealt with the recodification and editing of city personnel rules and regulations. Mr.
Barcome stated that future operations were also being planned and were very broad in scope; the
objective of the department being to coordinate a program of employee evaluation, training and
career development. Council President Nemeth thanked Mr. Barcome for his presentation.
PETITIONS TO AMEND ZONING ORDINANCE
I (We), the undersigned, do hereby respectfully make application and petition
the Common Council of the City of South Bend, Indiana, to amend the Zoning Ordinance
of the City of South Bend, Indiana, as hereinafter requested, and in support of this
application, the following facts are shown:
1. The property sought to be rezoned is located behind (to the south) of The
Downunder, 900 East Ireland Road, South Bend, Indiana.
wife.
2. The property is owned by Robert R. Allen and Dorothy A. Allen, husband and
3. A legal description of the property is as follows:
Part of the Southeast Quarter (1/4) of Section Twenty -five (25)1,
Township Thirty -seven (37) North, Range Two (2) East, situate in
Centre Township, St. Joseph County, State of Indiana, and being
more particularly described as follows:
Beginning at a masonry nail in the pavement on the North line of
the Southeast Quarter (1/4) of said Section Twenty -five (25), said
point being nine hundred thirty -six and three tenths (936.3) feet
West of an iron pin monumenting the Northeast corner of the
Southeast Quarter.(1 /4) of said Section Twenty -five (25); thence
Westwardly along the North line of the Southeast Quarter (1/4)
of said Section Twenty -five (25) at a distance of eighteen (18)
feet to a point; thence Southwardly with a deflection angle of
eighty -eight (88) degrees thirty -eight (38) minutes fifty (50)
seconds to the left, and parallel with the East line of the
Southeast Quarter (1/4) -of said Section Twenty -five (25), a
distance of five hundred fifty -six and forty -five hundredths
(556.45) feet to an iron stake; thence Eastwardly parallel with
the North line of the Southeast Quarter (1/4) of said Section
Twenty- five.(25), a distance of one hundred fourteen (114) feet
to an iron stake; thence Northwardly parallel with the East line
of the Southeast Quarter (1/4) of said Section Twenty -five (25)
a distance of three hundred twenty -six (326) feet to a point;
thence Westwardly parallel with the North line of the Southeast
Quarter (1/4) of said Section Twenty -five (25), a distance of
ninety -six (96) feet to a point; thence Northwardly parallel with
the East line of the Southeast Quarter (1/4) of said Section
Twenty -five (25), a distance of two hundred thirty and forty -five
hundredths (230.45) feet to the place of beginning of this
description.
Containing 0.95 of an acre of land. Subject to legal highway.
4. It is desired and requested that the foregoing property be rezoned from "A"
Residence Use and "A" Height and Area District, to 11C -1" Commercial 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: new parking lot so as to provide additional
parking for commercial uses now existing immediately to the North of the new parking lot.
6. Number of off - street parking spaces to be provided: 52.
REGULAR MEETING OCTOBER 14, 1974
REGULAR MEETING - RECONVENED (CONTINUED)
PETITIONS TO AMEND ZONING ORDINANCE (CONTINUED)
7. Attached is a copy of (a) an existing plot plan showing my property and
other surrounding properties; (b) names and addresses of all the individuals, firms
or corporations owning property within 300 feet of the property sought to be rezoned;
(c) site development plan.
ROBERT R. ALLEN and DOROTHY A. ALLEN,
Husband and Wife
By s/ Jack C. Dunfee, Jr.
Their Attorney
6th Floor
First Bank Building
South Bend, Indiana 46601
Petition Prepared By 219- 233 -1171
Jack C. Dunfee, Jr.
Exhibit A - Legal Description
Exhibit B - Names and Addresses of Property Owners Within 300 Feet
Exhibit C - Final Site Development-Plan
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 appli-
cation, the following facts are shown:
1. The property sought to be rezoned is located at: 407 East Howard Street,
South Bend, Indiana.
2. The property is owned by Virgil J. Wibbens and Theresa M. Wibbens.
3. A legal description of the property is as follows:
Lot #26, Stanfield and Foster. Lot numbered 26 as shown on the
recorded Plat of Stanfield and Foster's Addition to the City of
South Bend.
4. It is desired and requested that the foregoing property be rezoned from "A"
Residential Use and "A" Height and Area District, to "B" Residential Use and "A" Height
and Area District.
5. It is proposed that the property will be put to the following use and the
following building(s) will be constructed: Sugar 'n Spice Day Care Center, 1 -story
dwelling unit.
6. Number of off - street parking spaces to be provided: Off - street parking is
not necessary for my business. The children will be dropped off and picked up with little
delay in between. There is enough parking space available already for the staff.
7. Attached is (a) an original ordinance and 25 copies; (b) an original petition
and 20 copies; (c) a $10 filing fee; (d) an existing plot plan showing my property and
other surrounding properties; (e) names and addresses of all the individuals, firms or
corporations owning property within 300 feet of the property sought to be rezoned; and
(f) 5 copies of a site development plan.
Petition Prepared By
Constance Ann Shelton, Owner
s/ C. A. Shelton
Signature of Petitioner
1226 East Cedar Street
South Bend, Indiana 46617
Council President Nemeth announced that action would be taken on the petitions when the ordinances
had first reading.
ORDINANCES, SECOND READING
ORDINANCE NO. 5741 -74 AN ORDINANCE ESTABLISHING FAIR CAMPAIGN
PRACTICES WITHIN THE CITY OF SOUTH BEND.
This ordinance had second reading. Councilman Miller made a motion to pass the ordinance as
amended in the Committee of the Whole meeting, 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 AN ORDINANCE ESTABLISHING FAIR CAMPAIGN
PRACTICES AND DISCLOSURE WITHIN THE
CITY OF SOUTH BEND.
This ordinance had second reading. Councilman Miller made a motion to strike the ordinance from
the files, seconded by Councilman Taylor. The motion carried.
ORDINANCE NO. 5742 -74 AN ORDINANCE APPROPRIATING $107,000.00
FROM THE FEDERAL ASSISTANCE GRANT FUND,
COMMONLY REFERRED TO AS GENERAL REVENUE
(continued)
REGULAR MEETING OCTOBER 14, 1974
REGULAR MEETING - RECONVENED (CONTINUED)
ORDINANCE NO. 5742 -74 (CONTINUED)
SHARING, FOR VARIOUS HUMAN RESOURCES
PROGRAMS, TO BE ADMINISTERED BY THE CITY
OF SOUTH BEND THROUGH ITS DEPARTMENT OF
HUMAN RESOURCES.
This ordinance had second reading. Councilman Horvath made a motion to pass the ordinance as
amended in the Committee of the Whole meeting, seconded by Councilman Taylor. The ordinance pass
by a roll call vote of eight ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Horvath,
Newburn and Nemeth) and one nay (Councilman Kopczynski).
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) - Bendix Drive between
Green Street and Bonds Avenue.
This ordinance had second reading. Councilman Szymkowiak made a motion to defeat the ordinance,
seconded by Councilman Taylor. The ordinance was defeated by a roll call vote of nine ayes
(Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth).
ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING
CHAPTER 40 OF THE MUNICIPAL CODE OF
SOUTH BEND, INDIANA - intersection of
Cushing and Beale Streets.
This ordinance had second reading. Councilman Taylor made a motion to defeat the ordinance,
seconded by Councilman Parent. The ordinance was defeated by a roll call vote of nine ayes
(Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth).
ORDINANCE NO. 5743 -74
AN ORDINANCE APPROPRIATING THE SUM OF
$19,869.57 FROM THE CUMULATIVE SEWER
BUILDING AND SINKING FUND (Oak Park -
Edison Road sanitary sewers).
This ordinance had second reading. Councilman Horvath made a motion to pass the ordinance, second
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. 5744 -74 AN ORDINANCE APPROPRIATING $600.00,
FROM THE PARKING METER FUND TO
ACCOUNT 430.0, "REPAIR PARTS ",
WITHIN THE PARKING METER DEPARTMENT,
CITY OF SOUTH BEND, INDIANA.
This ordinance had second reading. Councilman Taylor made a motion to pass the ordinance, secor.
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.-5745-74 AN ORDINANCE TRANSFERRING $1,000.00
FROM ACCOUNT 630.0, "P.E.R.F. ", TO
ACCOUNT 242.0, "PUBLICATION OF LEGAL
NOTICES ", BOTH ACCOUNTS BEING WITHIN
THE CONTROLLER'S BUDGET OF THE GENERAL
FUND OF THE CITY OF SOUTH BEND, INDIANA.
This ordinance had second reading. Councilman Newburn made a motion to pass the ordinance,
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. 5746 -74 AN ORDINANCE TRANSFERRING FUNDS BETWEEN
VARIOUS ACCOUNTS WITHIN THE FIRE DEPARTMENT
BUDGET, IN THE GENERAL FUND OF THE CITY OF
SOUTH BEND, INDIANA.
This ordinance had second reading. Councilman Horvath made a motion to pass the ordinance as
amended in the Committee of the Whole meeting, seconded by Councilman Taylor. The ordinance passe(
by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski
Horvath, Newburn and Nemeth).
ORDINANCE AN ORDINANCE PROHIBITING SMOKING AND
THE CARRYING OF LIGHTED OBJECTS UPON BUSES.
This ordinance had second reading. Councilman Taylor made a motion to continue the ordinance to
the October 21, 1974, meeting of the Council, seconded by Councilman Kopczynski. The motion
carried.
RESOLUTIONS
RESOLUTION.NO. 444 -74 A RESOLUTION FINDING AND ADJUDGING THAT
THE REFINANCING OF FACILITIES FOR R. LEE
FAGEN, d /b /a FAGEN ENTERPRISES, BY THE
ISSUANCE BY THE CITY OF SOUTH BEND, INDIANA,
OF ITS ECONOMIC DEVELOPMENT REVENUE BOND
PERTAINING TO SUCH FACILITIES FOR SUCH
ENTITY WILL BE OF BENEFIT TO THE HEALTH
OR WELFARE OF THIS MUNICIPALITY, AND
APPROVING THE REFINANCING THEREFOR.
REGULAR MEETING OCTOBER 14, 1974_
REGULAR MEETING - RECONVENED (CONTINUED)
RESOLUTION NO. 444 -74 (CONTINUED)
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 Municipal Economic Development Act of 1965, as amended,
supplemented or added to, including but not limited to the amendments, supplements or
additions of P.L. 182, IC -1973, 18- 6 -4.5, or any other amendments, supplements or
additions thereto, hereinafter referred to as the "Act "; and
WHEREAS, R. Lee Fagen, d /b /a Fagen Enterprises, has filed an application with
the Commission to refinance the acquisition of real estate and the construction thereon
of an industrial and commercial facility which will constitute economic development
facilities resulting in a substantial number of new jobs as well as other benefits; and
WHEREAS, the City of South Bend, Indiana, has previously issued a bond to finance
a project pursuant to Ordinance No. 5543 -73 in the amount of $240,000.00 but said amount
is not sufficient to complete the project, and it is necessary to issue an additional
Economic Development Revenue Bond in the amount of $60,000.00 to complete the project.
WHEREAS, in connection therewith the Commission has prepared and placed on file
a report containing the subject matter as specified in Section 16, of P.L. 182, 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 received favorable reports from each of them; and
WHEREAS, the commission held a public hearing on the proposed refinancing of such
facilities on August 23, 1974, after giving the required notice as provided for in
Section 16 of P.L. 182, 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 refinancing complies with
the purposes and provisions of the Act, and approved such refinancing, including, but
not limited to, the forms and terms of the financing agreement consisting of the Lease
Financing Agreement and Trust Indenture and the Bond; and
WHEREAS, this Common Council of the City of South Bend, Indiana, now finds that
the proposed refinancing of such facilities for R. Lee Fagen, d /b /a Fagen Enterprises,
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 refinancing for R. Lee Fagen, d /b /a Fagen Enterprises, 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/ Peter J. Nemeth
Councilman
A public hearing was held at this time on the resolution. Mr. Kenneth Fedder, Attorney for the
South Bend Development Commission, explained that the previous issue for Fagen was passed
favorably and a re -issue was needed to complete construction of the facility. He indicated that
the necessary waivers have been received regarding annexation.
Councilman Szymkowiak made a motion to adopt the resolution, 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. 445 -74 A RESOLUTION FINDING AND ADJUDGING
THAT THE FINANCING OF FACILITIES FOR
GATES REALTY, INCORPORATED, BY THE
ISSUANCE BY THE CITY OF SOUTH BEND,
INDIANA, OF ITS ECONOMIC DEVELOPMENT
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 Municipal Economic Development Act of 1965, as
amended, supplemented or added to, including but not limited to the amendments,
supplements or additions thereto, hereinafter referred to as the "Act "; and
WHEREAS, Gates Realty, Incorporated, has filed an application with the Commission
to finance the acquisition of real estate and the construction thereon of an industrial
and commercial 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 , 1974, after giving the required notice as provided for
in Section 17 of IC -1973, 18- 6 -4.5; and
REGULAR MEETING OCTOBER 14, 1974
REGULAR MEETING - RECONVENED (CONTINUED)
IRESOLUTION NO. 445 -74 (CONTINUED)
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 Gates Realty, Incorporated, 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 Gates Realty, Incorporated, 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/ Peter J. Nemeth
Councilman
A public hearing was held at this time on the resolution. Mr. Kenneth Fedder, Attorney for the
South Bend Development Commission, introduced Mr. James Harrington, the attorney for Gates Realty.
Mr. Harrington indicated that the request was for bonds in the amount of $250,000. The location
of the facility would be at Prairie Avenue and Garst Street. He explained that heavy -duty trucks
and diesels would be serviced and supplies stocked. He indicated that the amount of $156,000 woulc
be the anticipated payroll, and the area would consist of approximately 10,000 square feet under
roof.
Councilman Horvath made a motion to adopt the resolution, seconded by Councilman Szymkowiak. The
resolution was adopted by a roll call vote of eight ayes (Councilmen Serge, Szymkowiak, Miller,
Parent, Taylor, Kopczynski, Horvath and Nemeth) with Councilman Newburn absent at this time.
IRESOLUTION NO. 446 -74
A RESOLUTION FINDING AND ADJUDGING
THAT THE FINANCING OF FACILITIES
FOR KOONTZ - WAGNER ELECTRIC COMPANY,
INC., BY THE ISSUANCE BY THE CITY
OF SOUTH BEND, INDIANA, OF ITS
ECONOMIC DEVELOPMENT 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
created the South Bend Development Commission, h,
pursuant to the provisions of the Public Law No.
of Indiana for 1973, as such may be amended from
limited to IC 18- 6 -4.5 -2 through IC 18- 6- 4.5 -28,
and
South Bend, Indiana, heretofore has
areinafter referred to as "Commission ",
182 of the Acts of the General Assembly
time to time, including but not
hereinafter referred to as the "Act ";
WHEREAS, Koontz - Wagner Electric Company, Inc. has filed an application with the
Commission to finance the acquisition of real estate and the construction thereon of
an industrial and commercial 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 , 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 Koontz - Wagner Electric Company, 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 Koontz - Wagner Electric Company, Inc. 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/ Peter J. Nemeth
Councilman
REGULAR MEETING OCTOBER 14, 1974 .
REGULAR MEETING - RECONVENED (CONTINUED)
A public hearing was held on the resolution at this time. Mr. Kenneth Fedder, Attorney for the
South Bend Development Commission, introduced Mr. Warren McGill, the attorney representing Koontz -
Wagner Electric Company. Mr. McGill indicated that the amount of the bond was $105,000 repayable
at 72% interest over a 20 -year period. The amount of $100,000 would be anticipated in payroll
increases. He introduced Mr. Dale Guikema, the Secretary- Treasurer of Koontz - Wagner. He
explained that the property was located in the Airport Industrial Park, Phase I, and hopefully
the building would be completed by December.
Councilman Szymkowiak made a motion to adopt the resolution, seconded by Councilman Taylor. The
resolution was adopted by a roll call vote of eight ayes (Councilmen Serge, Szymkowiak, Miller,
Parent, Taylor, Kopczynski, Horvath and Nemeth) with Councilman Newburn absent at this time.
RESOLUTION A RESOLUTION OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND APPROVING THE
TRANSITION OF THE CITY OF SOUTH BEND'S
COMPREHENSIVE DEMONSTRATION PROGRAM AND
AUTHORIZING THE EXECUTION OF A GRANT
AGREEMENT WITH THE UNITED STATES OF
AMERICA.
Councilman Horvath made a motion to continue the resolution to the October 28, 1974, meeting of
the Council, seconded by Councilman Kopczynski. The motion carried.
RESOLUTION NO. 447 -74 A RESOLUTION FOR TRANSFER OF FUNDS IN
THE GENERAL PARK FUND - $6,000.00 FROM
ACCOUNT #312.0, SUPPLIES, FUEL OIL, TO
ACCOUNT #321.0, SUPPLIES, GASOLINE;
$1,100.00 FROM ACCOUNT #630.0, CURRENT
OBLIGATIONS, RETIREMENT, TO ACCOUNT #640.0,
CURRENT OBLIGATIONS, HOSPITAL INSURANCE;
$100.00 FROM ACCOUNT #243.0, CONTRACTUAL
SERVICES, PHOTOGRAPHING AND BLUEPRINTING,
TO ACCOUNT #242.0, CONTRACTUAL SERVICES,
LEGAL NOTICES. ALL TRANSFERS ARE IN THE
SAME BUDGET CLASSIFICATION WITHIN THE
GENERAL PARK FUND.
WHEREAS, certain extraordinary conditions have developed since the adoption of
the existing annual budget so that it is now necessary to transfer money from one
account to another in the same category in the annual budget for various functions
of the Department of Public Parks to meet such extraordinary emergencies; and
WHEREAS, it has been ascertained that certain accounts in the Park General Fund
have more money than is needed at this time,
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend:
Section 1. That the following accounts be reduced in the amounts set opposite
said accounts, to -wit:
Acct. No. Classification
243.0 Contractual Services
312.0 Supplies
630.0 Current Obligations
Item
Photographing and
Blueprinting
Fuel Oil
Retirement
Amount
$ 100.00
6,000.00
1,100.00
7,200.00
Section 2. That the following accounts be increased in the amounts set opposite
said accounts, to -wit:
Acct. No.
Classification
242.0 Contractual Services
321.0 Supplies
640.0 Current Obligations
Item
Amount
Legal Notices $ 100.00
Gasoline 6,000.00
Hospital Insurance 1,100.00
$7,200.00
That the transfer of funds as set forth in Sections 1 and 2 are required for the
proper and efficient operation and function of the Department of Public Parks of South
Bend and an extraordinary emergency is declared to exist concerning the foregoing transfer.
This resolution shall be in full force and effect from and after its passage by
the Common Council of the City of South Bend.
s/ Peter J. Nemeth
Member of the Common Council
A public hearing was held at this time on the resolution. Mr. James Seitz, Director of the
Department of Public Parks, indicated that he had submitted to the Council a letter explaining his
request for transfers. He stated that he would be happy to answer any questions the Council might
have.
Councilman Serge made a motion to adopt the resolution, 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. 448 -74 A RESOLUTION APPROVING A CONTRACT
BETWEEN THE CITY OF SOUTH BEND AND
THE O'BRIEN CORPORATION FOR THE
(continued)
REGULAR MEETING OCTOBER 14, 1974
REGULAR MEETING - RECONVENED (CONTINUED)
RESOLUTION NO. 448 -74 (CONTINUED)
PAYMENT BY THE CITY TO O'BRIEN OF
$31,901.00, THE GRANTING BY THE CITY
OF A CERTAIN EASEMENT, AND OF THE
REMOVAL OF RAILROAD TRACKS BY O'BRIEN.
WHEREAS, the City of South Bend has appropriated funds for the construction of a
connector route between Colfax Street and Washington Street in South Bend, Indiana, over
the general route of Orange Street between Birdsell Street and Washington Avenue, the
South Shore right -of -way between Orange Street and Colfax Avenue, and Colfax Avenue
east of Studebaker Street; and
WHEREAS, it is necessary for the construction of this connector route that
railroad service by the Chicago South Shore and South Bend Railroad over the general
route as above described, be discontinued and said railroad tracks abandoned and removed;
and
WHEREAS, the Chicago South Shore and South Bend Railroad has agreed to discontinue
its rail service over said tracks and to abandon said railroad tracks in place.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend,
Indiana:
SECTION I. That the contract entered into between the Civil City of South Bend,
Indiana, and The O'Brien Corporation, on the 14th day of October, 1974, for the payment
of $31,901.00 by the City to O'Brien for the acquisition and reconstruction of railroad
facilities to serve its plant and the reconstruction of its plant facilities, and the
granting of an easement in Orange Street by the City to O'Brien for the servicing of
its plant facilities, and the abandonment of rail service by the Chicago South Shore and
South Bend Railroad to the O'Brien plant, and the removal by O'Brien of the South Shore
railroad tracks as the same are abandoned, and the granting of salvage rights by the
City to O'Brien in said railroad tracks, is hereby approved and confirmed.
SECTION II. This Resolution shall be in full force and effect from and after
its passage by the Common Council and its approval by the Mayor.
s/ Walter M. Szymkowiak
Member of the Common Council
A public hearing was held at this time on the resolution. Mr. Rollin Farrand, Director of the
Department of Public Works, explained that the contract provided for payment to O'Brien for the
acquisition and reconstruction of railroad facilities and the granting of an easement in Orange
Street, the abandonment of rail service, and the granting of salvage rights to O'Brien.
Councilman Szymkowiak made a motion to adopt the resolution, 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).
RESOLUTION NO. 449 -74 A RESOLUTION TRANSFERRING $240.00
FROM ACCOUNT 265.0, "OTHER CONTRACTUAL
SERVICES ", TO ACCOUNT 242.0, "PUBLICATION
OF LEGAL NOTICES ", BOTH WITHIN THE SERVICES
CONTRACTUAL ACCOUNT, AND $150.00 FROM
ACCOUNT 360.0, "STATIONERY AND PRINTING ",
TO 363.0, "OTHER OFFICE SUPPLIES ", BOTH
WITHIN THE SUPPLIES ACCOUNT, ALL ACCOUNTS
WITHIN THE BOARD OF WORKS BUDGET OF THE
GENERAL FUND OF THE CITY OF SOUTH BEND,
INDIANA.
WHEREAS, certain extraordinary conditions have developed since the adoption of
the existing annual budget, so that it is now necessary to appropriate more money than
was originally appropriated in the annual budget for the various functions of City
Government to meet such extraordinary conditions; and
WHEREAS, additional funds are needed for Accounts 242.0, "Publication of Legal
Notices ", and 363.0, "Other Office Supplies ", to enable the Board of Works Department
to properly perform its functions; and
WHEREAS,,a surplus exists in another account where it is not presently needed.
This surplus is shown more specifically as follows, to -wit:
$240.00 in Account 265.0, "Other Contractual Services"
$150.00 in Account 360.0, "Stationery and Printing
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend:
SECTION I. That the Account 265.0, "Other Contractual Services ", be reduced by
$240.00 and be appropriated and transferred to Account 242.0, "Publication of Legal
Notices ", and Account 360.0, "Stationery and Printing ", be reduced by $150.00 and be
appropriated and transferred to Account 363.0, "Other Office Supplies ".
SECTION II. This Resolution shall be in full force and effect from and after
its passage by the Common Council and its approval by the Mayor.
s/ Walter M. Szymkowiak
Member of the Common Council
REGULAR MEETING OCTOBER 14, 1974
REGULAR MEETING - RECONVENED (CONTINUED)
A public hearing was held on the resolution at this time. Council President Nemeth indicated that
the letter attached to the resolution was self- explanatory, and he felt there was no need for a
further explanation. He wondered if the number of legal notices had increased or if the cost of
publication had risen. Mr. James Barcome, City Controller, indicated that the prices have not bee
raised but the number of legal publications has increased considerably.
ouncilman Serge made a motion to adopt the resolution, seconded by Councilman Taylor. The
esolution was adopted by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller,
arent, Taylor, Kopczynski, Horvath, Newburn and Nemeth).
RESOLUTION NO. 450 -74
A RESOLUTION TRANSFERRING $1,700.00
FROM ACCOUNT NUMBER 215.0, "CAR ALLOWANCE ",
TO ACCOUNT NUMBER 260.0, "OTHER CONTRACTUALS ",
ALL ACCOUNTS BEING WITHIN THE SAME MAJOR
CLASSIFICATION OF THE COMMON COUNCIL, IN
THE GENERAL FUND OF THE CITY OF SOUTH
BEND, INDIANA.
WHEREAS, certain extraordinary conditions have developed since the adoption of the
existing annual budget so that it is now necessary to appropriate more money than was
originally appropriated in the annual budget for the various functions of city
government to meet such extraordinary conditions; and
WHEREAS, additional funds are needed for Account 260.0, "Other Contractuals ", to
enable the Common Council to properly perform its functions; and
WHEREAS, a surplus exists in another account where it is not presently needed.
This surplus is shown more specifically as follows, to -wit:
$1,600.00 in Account 215.0, "Car Allowance"
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend:
SECTION I. That the Account 215.0, "Car Allowance ", be reduced by $1,600.00 and
be appropriated and transferred to Account 260.0, "Other Contractuals ".
SECTION II. This Resolution shall be in full force and effect from and after its
passage by the Common Council and its approval by the Mayor.
s/ Peter J. Nemeth
Member of the Common Council
A public hearing was held at this time on the resolution. Councilman Kopczynski made a motion to
amend the resolution to reduce the amount to $1,600 because of an outstanding claims for mileage,
seconded by Councilman Miller. Councilman Taylor questioned whether or not the Council should get
into this particular matter at all at this time. He stated that this transfer was for attorneys'
fees regarding the Council's investigation of the Police Department. He felt revenue sharing funds
would have to be used. Council President Nemeth indicated that the money may be needed very soon
to pay for services rendered and the revenue sharing funds might not be available for some time.
Councilman Newburn indicated that he had requested that the Mayor propose an ordinance appropriatin
revenue sharing funds for this purpose, and he urged the Council to transfer the amount of $1,600
from the Car Allowance Account at this time. Councilman Parent asked Councilman Kopczynski,
Chairman of the Council's Finance Committee, about the amount of money presently in the Car
Allowance Account. Councilman Kopczynski indicated that the balance was $1,732 and one claim was
still outstanding. The motion to amend carried. Councilman Parent then made a motion to adopt the
resolution, as amended, 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).
ORDINANCES, FIRST READING
ORDINANCE NO. 5747 -74
AN ORDINANCE TO AUTHORIZE THE EXECUTION
OF A LEASE FINANCING AGREEMENT AND TRUST
INDENTURE, ECONOMIC DEVELOPMENT REVENUE
BOND AND MORTGAGE, AND THE FORMS AND
TERMS OF THE LEASE FINANCING AGREEMENT
AND TRUST INDENTURE AND BOND AND
MORTGAGE AND THE ISSUANCE OF AN ECONOMIC
DEVELOPMENT REVENUE BOND PERTAINING TO
R. LEE FAGEN, d /b /a FAGEN ENTERPRISES.
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). The ordinance then had second reading. Councilman Parent then made a motion to pass
the ordinance, 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. 5748 -74
AN ORDINANCE APPROVING THE FORM AND
TERMS OF LEASE AND TRUST INDENTURE AND
ECONOMIC DEVELOPMENT REVENUE BONDS, AND
AUTHORIZING THE EXECUTION THEREOF PER-
TAINING TO GATES REALTY, INCORPORATED.
his ordinance had first reading. Councilman Horvath made a motion to suspend the rules and take
ction on the ordinance, seconded by Councilman Parent. The motion carried by a roll call vote of
ine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and
emeth). The ordinance then had second reading. Councilman Horvath then made a motion to pass th
rdinance, seconded by Councilman Szymkowiak. The ordinance passed by a roll call vote of nine
yes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemet
REGULAR MEETING OCTOBER 14 1974
REGULAR MEETING - RECONVENED (CONTINUED)
ORDINANCE NO. 5749 -74 AN ORDINANCE APPROVING THE FORM AND
TERMS OF LEASE AND TRUST INDENTURE AND
ECONOMIC DEVELOPMENT REVENUE BONDS, AND
AUTHORIZING THE EXECUTION THEREOF PER-
TAINING TO KOONTZ - WAGNER ELECTRIC
COMPANY, INC.
This ordinance had first reading. Councilman Kopczynski made a motion to suspend the
take action on the ordinance, seconded by Councilman Horvath. The motion carried by
vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski,
Newburn and Nemeth). The ordinance then had second reading. Councilman Taylor then
to pass the ordinance, seconded by Councilman Szymkowiak. The ordinance passed by a
vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski,
Newburn and Nemeth).
ORDINANCE
AN ORDINANCE AMENDING ORDINANCE NO.
4990 -68, AS AMENDED, COMMONLY KNOWN
AS THE ZONING ORDINANCE OF THE CITY
OF SOUTH-BEND, INDIANA (CHAPTER 401,
MUNICIPAL CODE) - 900 East Ireland Rd.
rules and
a roll call
Horvath,
made a motion
roll call
Horvath,
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 Miller. 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) - 407 East Howard St.
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 TRANSFERRING $3,000.00
FROM ACCOUNT #510.0, "CURRENT CHARGES,
INSURANCE ", TO ACCOUNT #372.0, "SUPPLIES,
ZOO FEED ". BOTH ACCOUNTS ARE IN THE
GENERAL PARK FUND.
This ordinance had first reading. Councilman Miller made a motion to set the ordinance for public
hearing and second reading on October 28, 1974, seconded by Councilman Parent. The motion carried
ORDINANCE
AN ORDINANCE APPROPRIATING THE SUM OF
$110,000.00 FROM THE CUMULATIVE SEWER
BUILDING AND SINKING FUND (Model Cities
Sewer Separation Project).
This ordinance had first reading. Councilman Taylor made a motion to set the ordinance for public
hearing and second reading on October 28, 1974, seconded by Councilman Miller. The motion carried
ORDINANCE AN ORDINANCE APPROPRIATING $17,500.00
FROM THE GENERAL ASSISTANCE GRANT FUND,
COMMONLY REFERRED TO AS GENERAL REVENUE
SHARING, FOR THE PURCHASE AND INSTALLA-
TION OF GASOLINE DISPENSING EQUIPMENT
TO BE LOCATED AT 701 WEST SAMPLE STREET.
This ordinance had first reading. Councilman Miller made a motion to set the ordinance for public'
hearing and second reading on October 28, 1974, seconded by Councilman Horvath. The motion carries
ORDINANCE
AN ORDINANCE APPROPRIATING $53,000.00
FROM THE SEWAGE WORKS IMPROVEMENT FUND
FOR THE PURPOSE OF PURCHASING SEWER
CLEANING EQUIPMENT.
This ordinance had first reading. Councilman Miller made a motion to set the ordinance for public
hearing and second reading on October 28, 1974, seconded by Councilman Parent. The motion carried
ORDINANCE AN ORDINANCE APPROPRIATING $7,980 FROM
THE FEDERAL ASSISTANCE GRANT, COMMONLY
REFERRED TO AS GENERAL REVENUE SHARING,
FOR VARIOUS PUBLIC SAFETY PROGRAMS,
TO BE ADMINISTERED BY THE CITY OF
SOUTH BEND THROUGH ITS DEPARTMENT
OF PUBLIC SAFETY.
This ordinance had first reading. Councilman Miller made a motion to set the ordinance for public
hearing and second reading on October 28, 1974, seconded by Councilman Kopczynski. The motion
carried.
ORDINANCE AN ORDINANCE ESTABLISHING THE CENTURY
CENTER CONSTRUCTION FUND AND APPRO-
PRIATING TO THIS FUND $616,000.00 FROM
THE CIVIC CENTER DEVELOPMENT FUND, BOTH
FUNDS BEING WITHIN THE FUNDS OF THE
CIVIL 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 October 28, 1974, seconded by Councilman Serge. The motion carried.
REGULAR MEETING OC BER 14 1924
(REGULAR MEETING - RECONVENED (CONTINUED)
ORDINANCE AN ORDINANCE APPROPRIATING $1,100,000.00
FROM THE CENTURY CENTER CONSTRUCTION FUND
TO "PHASE 'I CONSTRUCTION ", ACCOUNT NO.
710.0, "BUILDINGS, STRUCTURES AND
IMPROVEMENTS ", A NEW PROGRAM AND ACCOUNT
WITHIN THE CENTURY CENTER CONSTRUCTION
FUND OF THE CIVIL CITY OF SOUTH BEND,
INDIANA.
This ordinance had first reading. Councilman Serge made a motion to set the ordinance for public
hearing and second reading on'October 28; 1974, seconded by Councilman Szymkowiak. The motion
carried.
ORDINANCE AN ORDINANCE APPROPRIATING THE SUM OF
$201,925.00 FROM THE FEDERAL ASSISTANCE
GRANT FUND TO VARIOUS ACCOUNTS WITHIN
THE F.A. PROGRAM 45, "CIVIC CENTER
AUTHORITY. ", TO BE ADMINISTERED BY THE
DEPARTMENT OF PUBLIC WORKS OF THE CITY
OF SOUTH BEND, INDIANA.
This ordinance 'had ' first reading. Councilman Taylor made a motion to set the ordinance for public`
hearing and second reading on October 28, 1974, seconded by Councilman Miller. The motion carried.
UNFINISHED BUSINESS
Council President Nemeth indicated that he wanted the record to show that he had resigned from the
chairmanship of the Council's special committee on the Police Department. Councilman Parent then
made a motion to ratify the selection of Councilman Odell Newburn as chairman, seconded by Councilm n
Taylor. The motion carried. Council President Nemeth abstained from voting to avoid any possible
problems that might have to -do with his choosing a chairman for the committee
There being no further business to come before the Council, unfinished or new, Councilman Kopczynsk
made a motion to adjourn, seconded by Councilman Miller. The motion carried, and the meeting
adjourned at 11:45 p.m.
ATTEST_ APP D:
CITY CLERK PRESIDENT
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