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HomeMy WebLinkAbout11-25-74 Council Meeting MinutesREGULAR MEETING NO VEMBER 25, 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, November 25, 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 Parent. 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, November 25, 1974, at 7:01 p.m., with nine members present. Chairman Odell Newburn presided. 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 being the time heretofore set for public hearing on the above ordinance (this ordinance being continued from.the November 12, 1974 meeting), proponents and opponents were given an oppor- tunity to be heard. Mr. Stephen A. Seall, Attorney at Law practicing at 645 First Bank Building, explained that he was one of the attorneys representing the petitioner in the rezoning. He briefl summarized certain points made at the November 12th Council meeting concerning the location of the property in question and the change in the zoning. He stated that this public hearing was merely a continuation of the hearing held on November 12th, and he indicated that he did not want to be repetitious in his presentation. He submitted a copy of a revised site plan which outlined a 100 - foot buffer zone to the north of the property. He also presented photographs of the Benton Harbor facility, indicating that the proposed facility in South Bend would be similar. He stated that th, Council had been concerned about proper and adequate screening of the facility. He indicated that REGULAR MEETING NOVEMBER 25 1974 COMMITTEE OF THE WHOLE MEETING (CONTINUED) a buffer zone would be provided of 100 feet and would be left as "A" Residential property and adequately screened. He felt the residents would be in a much better position with the buffer zon than with the construction of additional houses in the area in question. He indicated that a meeting had been held by Councilman Serge at which time 30 residents had appeared and taken a vote the result being that 17 of the residents were in favor of the rezoning out of 28 residents who had voted. He stated that he hoped the Council would act favorably on the proposed ordinance being considered. Councilman Parent made a motion to amend the ordinance to exclude a 100 -foot buffer zone to the north, with that buffer zone to remain "A" Residential, seconded by Councilman Taylor. The motion carried. Mr. Albert DeRoo, 2502 Summit Ridge Drive, talked about I & M's proposed rate increase and the increase in valuation the city would receive from the new complex. He felt that his privacy was being invaded upon, and he stated that construction of the new facility would take approximately 22 years and this would cause a problem to the residents. Mr. Eber Smith, 2727 Tomahawk Trail, stated that he did not abut the property in question and he was not within 300 feet of the property. He thanked the Council for delaying the issue so that further consideration could be given to the issue. He stated that approximately $5,500,000 would be spent on the project. He talked about the panorama of homes in the area and the amount of valuation to be brought to the city. He stated that, with a 9% escalation, the amount would be $5,275,600 for 121 homes in the area. He could not see that much difference in valuation. He also could not understand why I & M had not taken their business to the Airport Industrial Park. He felt there was an economic factor that was very important to I & M. He stated that I & M had indicated it wished to remain in the city limits. He felt something could be worked out with the city regarding this matter, perhaps annexing farm land which could be utilized for the facility. He stated that construction of homes in the area was done by Hartman and it had been indicated to the residents that additiona homes would be constructed in the area in question. He indicated that now, Hartman Builders wanted to sell that property for other than residential uses. He talked about the possibility of Mr. DeRoo eventually selling out to I & M and gradually the residential subdivision becoming more and more industrial or commercial. He wondered what would prevent I & M from changing their plans in the future and possibly constructing a road to tie into Tomahawk Trail through the property in an effort to ease traffic congestion, which he felt sure there would be. He stated that, once the Council passes the ordinance, there was no right of appeal left to the property owners. Mr. Robert Gordon, 2701 Oak Leaf Cove, stated that his property did not abut the property in question. He stated that the area I & M desired to rezone was a populated area of wildlife. He indicated that, if the Council would guarantee his taxes would be reduced accordingly because of the construction of the facility and decrease in valuation, he would not object to the rezoning. Mr. Seall assured Mr. Eber and the other residents that Tomahawk Trail would be blocked off and would not be used as a roadway into the facility in the future. Also, the area would be further pro- tected by the 100 -foot buffer zone which was proposed. He felt that, in view of the industrial uses surrounding the real estate, it was obvious that the area would not be devoted to single -fami uses. He indicated that I & M had investigated other sites for the facility and sufficient acreag could not be obtained in the Industrial Park, which was one of the sites considered. He indicated'. that the area in question had been determined to be the best location for the facility. He stated that the usage had been cut more than 10% with the proposed buffer zone. He again stated that he hoped the Council would act favorably on the rezoning. Mr. DeRoo briefly talked about the traffic problem resulting from the Corpus Christi School and Church, and he felt traffic would become more congested if the I & M facility was constructed in the area. He felt Highland Estates was no plac for industry. Councilman Szymkowiak made a motion that the ordinance be recommended favorably to the Common Council, as amended, seconded by Councilman Miller. Chairman Newburn requested a roll call vote on the motion. The motion carried by a roll call vote of six ayes (Councilmen Szymkowiak, Miller, Kopczynski, Horvath, Newburn and Nemeth) and three nays (Councilmen Serge, Parent and Taylor). ORDINANCE AN ORDINANCE TO AMEND SECTION 6 -6 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED. This being the time heretofore set for public hearing on the above ordinance (this ordinance being continued from the November 12th, 1974 meeting), proponents and opponents were given an opportunit to be heard. Mr. Kevin Butler, Attorney for the Department of Redevelopment, briefly explained that the property in question was known as Block No. 6 in the downtown area. It was contemplated that the land be sold and, in order to make the property marketable, it was recommended it be taken from the requirements of Fire District No. 1 because that district was designed for highly congested commercial and industrial areas. There were no comments or questions. Councilman Miller made a motion that the ordinance be recommended favorably to the Common Council, seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE TRANSFERRING $1,488.02 FROM THE PARK DISTRICT BOND CONSTRUCTION FUND TO THE PARK DISTRICT BOND REDEMPTION 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. Robert Niezgodski, Superintendent of Busines of the Park Department, made the presentation for the ordinance. He explained that all construc- tion and miscellaneous costs on the erection of the King Recreation Center have been paid, and a balance of $1,488.02 remained in the Bond Construction Fund. He stated that no more disbursements on the bond issue were anticipated. He indicated that the total monies in the bond account were $615,793.42 with disbursements of $614,305.40. There were no comments or questions. Councilman Serge made a motion that the ordinance be recommended favorably to the Common Council, seconded by Councilman Szymkowiak. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING THE SUM OF $5,800.00 TO ACCOUNT NO. 241.0, "PRINTING, OTHER THAN OFFICE SUPPLIES ", AND THE SUM (continued) y REGULAR MEETING NOVEMBER 25 1974 COMMITTEE OF THE WHOLE MEETING (CONTINUED) ORDINANCE (CONTINUED) OF $7,500.00 TO ACCOUNT NO. 260.0, "OTHER CONTRACTUAL SERVICES ", FROM THE PARKING METER FUND TO THE PARKING METER BUDGET OF THE CIVIL 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 sum of $5,800 would be needed for the printing of parking tickets and moving violation tickets used by the Police Department when issuin( citations. He indicated that it was anticipated that about a two and one -half year supply would bE ordered. Mrs. Irene K. Gammon, City Clerk, requested that her office not be used on the tickets. She indicated that, in the past the matter was handled through the Clerk's Office when the city courts were still in existence; however, the Traffic Violations Bureau was designated to handle such violations and the tickets still had her office imprinted on them. Council President Nemeth asked about the number of tickets to be ordered. He stated that it might be possible that a new court would be established to handle traffic violation cases. Mr. Lantz indicated that the same number as last time would be ordered. Council President Nemeth indicated that more background work should be considered and perhaps only a year's supply of tickets be ordered at this time, and Mr. Lantz agreed to Council President Nemeth's request. Council President Nemeth indicated that the Justice of the Peace Courts would go out of business in 1976 and a new small claims court would be created which could include traffic violations. Councilman Miller also brought up the matter of the amount of the fine, and stated that there was a possibility that this could be changed in the future. He stated that the amount of the fine was indicated on the ticket. He wondered if the ordinance should be amended so that only a year's supply of forms could be ordered at this time. He asked if a reduction to $2,900 would be agreeable. Mr. Lantz indicated that it would if the Council so desired. Council President Nemeth made a motion to amend the amount of $5,800 to $2,900 and the total amount of $13,300 to $10,400, wherever mentioned in the ordinance, seconded b3 Councilman Miller. The motion carried. Councilman Szymkowiak wondered about the possibility of printing the tickets in the city print sho and Mr. Lantz indicated that Councilman Szymkowiak's suggestion was not feasible. Councilman Kopczynski felt the amount of the ordinance should be amended further, and Mr. Lantz reminded the Council that the second amount of $7,500 contained in the ordinance had not yet been discussed. He then proceeded to explain that the amount of $7,500 represented the fee to be owed to Paul D. Speer and Associates for their services in obtaining the necessary legislation regarding municipal parking, both on- street and off - street facilities. He stated that this legislation was necessary in order to enter into agreements with commercial firms that wished to be located in municipal parking facilities, and to refund the parking revenue bond issue if the city chose to do so. Mr.. Gene Evans. Executive Secretary of the Civic Planning Association, asked for a further explanation of the amount. He indicated that he did not understand the request. Mr. Lantz indicated that thi work had been done by Paul D. Speer and Associates and the firm had prepared the legislation to permit municipal parking garages to be a part of commercial facilities in order to be paid by the commercial firms for the facility. Councilman Szymkowiak wondered if space would be provided for rental purposes, and Mr. Lantz indicated that this was part of the legislation, and it was hopeful that agreements could be entered into. Councilman Horvath wondered when the study was approved. Mr. Lantz stated that the study was done in 1972 and the legislation was adopted in 1973. He indicated that this had been negotiated and the figure had been reduced from $15,000. Councilman Szymkowiak wondered who had hired the firm. Mr. Lantz stated that there was no contract, merely a letter of intent to undertake the study between the administration and Paul D. Speer. Councilman Szymkowiak felt this was poor business. He objected to the manner in which the study was accom- plished. Councilman Kopczynski wondered how many cities in Indiana would benefit from the_legisla. tion. Mr. Lantz indicated that all cities could take advantage of the legislation; however, South Bend had initiated the study and contacted Paul D. Speer. Councilman Kopczynski wondered if the other cities were paying anything towards the cost of the study, and Mr. Lantz indicated that they were not. Councilman Kopczynski wondered if the Council had been made aware of this matter, and Mr. Lantz stated that he was not sure if the Council had discussed the matter. Councilman Szymkowiak indicated that the Council had not been made aware of the issue as he remembered. Councilman Parent disagreed and stated that he remembered some discussion concerning the issue. Councilman Parent made a motion that the ordinance be recommended favorably to the Common Council, as amended, seconded by Councilman Serge. Councilman Kopczynski wondered if Paul D. Speer had bee lobbying on the matter, and Mr. Lantz indicated that this was not lobbying, only research done on the best way to pursue the issue and get the legislation put together. Councilman Miller felt the Council should act favorably on the ordinance; however, he felt the order of events was questionab He stated that he supported the legislation. The motion carried. There being no further business to a motion to rise and report to the Councilman Szymkowiak made a motion carried and the Council recessed at ATTEST: CITY CLERK REGULAR MEETING - RECONVENED come before the Committee of the Whole, Councilman Miller made Council, seconded by Councilman Kopczynski. The motion carried to recess, seconded by Councilman Kopczynski. The motion 8:00 p.m. ATTE CHAIRMAN Be it remembered that the regular meeting of the Common Council of the City of South Bend, Indiana reconvened in the Council Chambers at 8:16 p.m., Council President Nemeth presiding and nine membe present. Council President Nemeth recognized Mr. Douglas Simpson and the class he had brought to the Counci: meeting from Riley High School. He asked that the class stand and be recognized. REGULAR MEETING NOVEMBER 25 1974 REGULAR MEETING - RECONVENED (CONTINUED) 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 November 12, 1974, regular meeting of the Council and found them correct. They, therefore, recommend that the same be approved. s/ Peter J. Nemeth Councilman Kopczynski made a motion that the report be accepted as read and placed on file and the l) minutes be approved, seconded by Councilman Taylor. The motion carried. REPORT FROM THE COMMITTEE OF THE WHOLE Councilman Horvath 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 (Councilme Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). REPORT FROM THE COMMITTEE ON CLAIMS Council President Nemeth announced that the committee had decided to wait until certain questions were answered on certain claims before a report was made to approve the claims. He indicated that this report would be made the next regular meeting. REPORTS FROM AREA PLAN COMMISSION The Honorable Common Council City of South Bend County -City Building South Bend, Indiana 46601 November 20, 1974 In Re: A proposed ordinance and site development plan of Constance Shelton to zone from "A" Residential, "A" Height and Area, to "B" Residential, "A" Height and Area, property located at 407 East Howard Street, City of South Bend. Gentlemen: The attached rezoning petition of Constance Shelton was legally advertised November 9, and November 16, 1974. The Area Plan Commission gave it a public hearing November 19, 1974, at which time the following action was taken: "Upon a motion by Robert Lehman being seconded by Kenneth Woods and unanimously carried, the petition of Constance Shelton to zone from "A" Residential, "A" Height and Area, to "B" Residential, "A" Height and Area, property located at 407 East Howard Street, City of South Bend, is unfavorably recommended to the Common Council by the Area Plan Commission since the proposed rezoning does not conform to the Land Use and Transportation Plan and because the area was recently rezoned to "A" Residential ". The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of that public hearing and will be forwarded to you at a later date to be made a part of this report. RSJ /cm attach. cc: Constance Shelton The Honorable Common Council City of South Bend County -City Building South Bend, Indiana 46601 Very truly yours, s/ Richard S. Johnson Executive Director November 20, 1974 In Re: A proposed ordinance and site development plan of Robert R. and Dorothy A. Allen to zone from "A" Residential, "A" Height and Area, to "C -1 Commercial,. "A" Height and Area, property located at 900 East Ireland Road, City of South Bend. Gentlemen: The attached rezoning petition of Robert R. and Dorothy A. Allen was legally advertised November 9, and November 16, 1974. The Area Plan Commission gave it a public hearing November 19, 1974, at which time the following action was taken: "Upon a motion by Rollin Farrand being seconded by Kenneth Woods and carried unanimously, the petition of Robert R. and Dorothy A. Allen to zone from "A" Residential, "A" Height and Area, to "C -1" Commercial, "A" Height and Area, property located at 900 East Ireland Road, City of South Bend, is favorably recommended to the Common Council by the Area Plan Commission, subject to final site plan approval and Drainage Board approval, if necessary. C REGULAR MEETING NnVFMRFR 75 1974 REGULAR MEETING - RECONVENED (CONTINUED) REPORTS FROM AREA PLAN COMMISSION (CONTINUED) The above recommendation is made subject to a final site plan and the preliminary site plan is attached hereto. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of that public hearing and will be forwarded to you at a later date to be made a part of this report. Very truly yours, s/ Richard S. Johnson RSJ /cm Executive Director attach. cc: Robert and Dorothy Allen Steve Seall, Attorney Councilman Horvath made a motion that the ordinances referred to in the reports be set for public hearing and second reading on December 16, 1974, seconded by Councilman Parent. The motion carri REPORT FROM THE DIRECTOR OF THE DEPARTMENT OF PUBLIC WORKS Mr. Rollin Farrand, Director of the Department of Public Works, submitted a written quarterly re to the Council members, indicating briefly the summary of the slurry seal program for 1974. He stated that it was anticipated that next year the program would be completed. IORDINANCES, SECOND READING (ORDINANCE NO. 5769 -74 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 second reading. Councilman Newburn made a motion to amend the ordinance to exclude a 100 -foot buffer zone to the north, with that buffer zone to remain "A" Residential, seconded by Councilman Horvath. The motion carried. Councilman Szymkowiak then made a motion that the ordinance pass, as amended, seconded by Councilman Newburn. The ordinance passed by a roll call vote of six ayes (Councilmen Szymkowiak, Miller, Kopczynski, Horvath, Newburn and Nemeth) and three nays (Councilmen Serge, Parent and Taylor). (ORDINANCE NO. 5770 -74 AN ORDINANCE TO AMEND SECTION 6 -6 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED. This ordinance had second reading. Councilman Horvath made a motion that the ordinance pass, seconded by Councilman Serge. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). (ORDINANCE NO. 5771 -74 AN ORDINANCE TRANSFERRING $1,488.02 FROM THE PARK DISTRICT BOND CONSTRUCTION FUND TO THE PARK DISTRICT BOND REDEMPTION FUND. This ordinance had second reading. Councilman Horvath made a motion that the ordinance pass, seconded by Councilman Serge. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE NO. 5772 -74 AN ORDINANCE APPROPRIATING THE SUM OF $5,800.00 TO ACCOUNT NO. 241.0, "PRINTING, OTHER THAN OFFICE SUPPLIES ", AND THE SUM OF $7,500.00 TO ACCOUNT NO. 260.0, "OTHER CONTRACTUAL SERVICES ", FROM THE PARKING METER FUND TO THE PARKING METER BUDGET OF THE CIVIL CITY OF SOUTH BEND, INDIANA. This ordinance had second reading. Councilman Newburn made a motion to amend the ordinance as amended in the Committee of the Whole, seconded by Councilman Taylor. The motion carried. Councilman Newburn then made a motion that the ordinance pass, as amended, seconded by Councilman Horvath. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). RESOLUTIONS RESOLUTION NO. 455 -74 A RESOLUTION FINDING AND ADJUDGING THAT THE FINANCING OF FACILITIES FOR SIMON BROS., INCORPORATED, AN INDIANA CORPORATION BY THE ISSUANCE BY THE CITY OF SOUTH BEND, INDIANA, OF ITS INDUSTRIAL 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 THEREOF. WHEREAS, the Common Council of the City of South Bend., Indiana, heretofore has created the South Bend Development Commission, hereinafter referred to as "Commission ", pursuant to the provisions of the Public Law No. 183 of the Acts of the General Assembly of Indiana, for 1973, as such may be amended from time to time, including but not limited to IC 18- 6 -4.5 -2 through IC 18- 6- 4.5 -28, hereinafter referred to as the "Act "; and REGULAR MEETING NOVEMBER 25 1974 REGULAR MEETING - RECONVENED (CONTINUED) RESOLUTION NO. 455 -74 (CONTINUED) WHEREAS, Simon Bros., 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 had 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 for such facilities on October 25, 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 Simon Bros., 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 Simon Bros., Incorporated, an Indiana corporation, under the Act be and the same is hereby approved. Section 2. This resolution shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. s/ 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, indicated that, on October 25, the commission had met and approved the application because it was determined to be in compliance with the purposes and provisions of the statutes. He indicated that the amount of the bond issue was $200,000 and would enable construction of an addition to the existing facility on Bendix Drive. He stated that there would be no impact on the school system or police and fire services, and that increased tax base and employment would be realized. Councilman Szymkowiak made a motion that the resolution be adopted, 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 A RESOLUTION AUTHORIZING THE CREDITING OF CITY EMPLOYEES WHO ARE COVERED BY THE P.E.R.F. PENSION FUND, FOR PRIOR YEARS OF SERVICE WORKED AS ST. JOSEPH COUNTY GOVERNMENTAL EMPLOYEES. A public hearing was held at this time on the resolution. Mr. James Roemer, City Attorney, explained that the resolution was being introduced concurrently with the county because of years of service with both governmental institutions, and the desire to credit those persons with total years of service. He indicated that, in the past, persons were taken on individual basis, and it was requested that a policy be set up regarding this issue. He indicated that P.E.R.F, also recommended that such a resolution be adopted. He stated that the cost to the city and county would be "negligible" according to a representative of P.E.R.F. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, wondered about the possibility of employing Mishawaka employees. Mr. Roemer felt that, if another governmental entity was to be included, the Council would have to approve the matter. He indicated that he was not aware of any of these situations between the City of South Bend and Mishawaka. Councilman Miller indicated that he was vague on the P.E.R.F. concept. He wondered if the employee would have to have been a member and participated in the fund at one time. Mr. Roemer indicated that the employee would have had to contribute-:.or-participate; and that the resolution merely assured the employees that they would not lose any years of credited service. Councilman Miller wondered if service years would be contributory years. Council President Nemeth felt that employees could be credited with years of service even though they chose' "not to participate in the program, according to the wording of the resolution. Mr. Roemer felt Council President Nemeth's point was important. He asked that the resolution be continued so that further consideration could be given to the matter. He felt that perhaps a new resolution could be submitted. Councilman Newburn made a motion to continue the resolution to the December 16, 1974, meeting of the Council, seconded by Councilman Parent. The motion carried. ORDINANCES, FIRST READING ORDINANCE NO. 5773 -74 AN ORDINANCE APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE AND (continued) REGULAR MEETING NOVEMBER 25, 1974 REGULAR MEETING - RECONVENED (CONTINUED) ORDINANCE NO. 5773 -74 (CONTINUED) INDUSTRIAL DEVELOPMENT REVENUE BONDS AND AUTHORIZING THE EXECUTION THEREOF PER- TAINING TO SIMON BROS., INCORPORATED. This ordinance had first reading. Councilman Newburn made a motion to suspend the rules and take action on the ordinance, seconded by Councilman Parent. 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. Council President Nemeth asked Mr. Fedder, Attorney for the South Bend Development Commission, about the status of the bond issue for St. Joseph Development Company, and Mr. Fedder indicated that the matter was still being negotiated. Councilman Horvath made a motion that the ordinance pass, seconded by Councilman Taylor. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE AN ORDINANCE AMENDING CHAPTER 1, SECTION 4, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, PERTAINING TO THE DESIGNATION OF COUNCILMANIC DISTRICTS. This ordinance had first reading. Councilman Taylor made a motion that the ordinance be set for public hearing and second reading on December 16, 1974, seconded by Councilman Miller. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING THE SUM OF $28,590.41 TO THE GENERAL IMPROVEMENT FUND AS PAYMENT OF THE CITY'S ASSESSMENT ON THE PROJECT ENTITLED "MEADOWVIEW SANITARY SEWERS ". This ordinance had first reading. Councilman Kopczynski made a motion that the ordinance be set for public hearing and second reading on December 16, 1974, seconded by Councilman Horvath. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING THE SUM OF $306,365.58 TO THE GENERAL IMPROVEMENT FUND AS PAYMENT OF THE CITY'S ASSESSMENT ON THE PROJECT ENTITLED "PORTAGE GARDENS LOCAL SEWERS AND LINDEN AVENUE TRUNK SEWERS ". This ordinance had first reading. Councilman Horvath made a motion that the ordinance be set for public hearing and second reading on December 16, 1974, seconded by Councilman Newburn. The moti carried. ORDINANCE NO. 5774 -74 AN ORDINANCE TRANSFERRING $5,000.00 FROM ACCOUNT Q- 110.0, "SERVICE PERSONAL ", TO ACCOUNT Q- 430.0, "REPAIR PARTS ", BOTH ACCOUNTS BEING WITHIN THE FIRE DEPARTMENT BUDGET OF THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. This ordinance had first reading. Councilman Newburn made a motion to suspend the rules and take action on the ordinance, seconded by Councilman Kopczynski. The motion carried by a roll call vot( of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). This ordinance then had second reading. Fire Chief Jack Bland made the presentation for the ordinance. He explained that one of the engines located at the station on West Thomas Street recently suffered engine failure and a broken crank shaft was discovered. It had also been determined that the cylinder block had been cracked several times. A firm in Georgia had,a rebuilt engine available of the same model and horsepower that was removed from the pumper, and it was hoped that the funds could be transferred in order that the department could accomplish the work. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, asked about the age of the chassis, and Chief Bland indicated that it was a 1958 model and still in very good condition. Councilman Szymkowiak made a motion that the ordinance be passed, seconded by Councilman Kopczynsk The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Paren Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE AN ORDINANCE TRANSFERRING $9,500.00 FROM ACCOUNT 261.0, "LANDFILL ", $7,000.00 GOING TO ACCOUNT 722.0, "MOTOR EQUIPMENT ", AND $2,500.00 TO ACCOUNT 321.0, "GASOLINE AND REPAIRS ". ALL THREE ACCOUNTS BEING WITHIN THE BUREAU OF SOLID WASTE BUDGET WITHIN THE SANITATION FUND OF THE CITY OF SOUTH BEND, INDIANA. This ordinance had first reading. Councilman Horvath made a motion that the ordinance be set for public hearing and second reading on December 16, 1974, seconded by Councilman Taylor. The motion carried. UNFINISHED BUSINESS Councilman Taylor wondered about the constitutionality of the ordinance redefining the councilmani districts which had been set for public hearing and second reading on December 16th. Mr. James Roemer, City Attorney, felt the redistricting was constitutional. He indicated that he had sub- mitted a two -page opinion to the Council President concerning the matter, and he stated that he would provide additional copies of the opinion for all Council members. REGULAR MEETING NOVEMBER 25, 1974 REGULAR MEETING - RECONVENED (CONTINUED) Councilman Horvath made a motion to strike the ordinance filed on April 17, 1974, appropriating $20,000 from revenue sharing funds for various Public Works programs, seconded by Councilman Newburn. The motion carried. Councilman Newburn then made a motion to strike the ordinance filed on March 26, 1974, amending Chapter 20 of the Municipal Code concerning vehicles and traffic, seconded by Councilman Taylor. The motion carried. Councilman Newburn then made a motion to strike the ordinance filed on February 7, 1974, changing the zoning classification of property located at 2503 Linden Avenue, seconded by Councilman Taylor The motion carried. Councilman Taylor then made a< motion to strike the ordinance filed on February 7, 1974, changing the zoning classification of property located at 2519 Linden Avenue, seconded by Councilman Newburn. The motion carried. Councilman Kopczynski then made a motion to strike the ordinance filed on August 5, 1974,; appro- priating "$10,000 from general revenue of the Water Works, seconded by Councilman Newburn. The motion carried. Councilman Serge, Chairman of the Council's Election Committee, reported that the committee had met on November 18th, with all members being present. He indicated that the committee had recommended that Councilman Parent be nominated for Council President in 1975, and he so moved, seconded by Councilman-Horvath. Council President Nemeth asked if there were any other nomination to be made, and Councilman Miller made a motion that the nominations be closed and the Clerk be instructed to cast a unanimous ballot for Councilman Parent, seconded by Councilman Kopczynski. The motion carried. Council President Nemeth thanked Councilman Serge and the committee for the -Help given him in the past. He stated that it had been an-honor to serve as president and he felt the Council was a constructive force in the community and its record was a good one. He indicated that he was proud to have been a leader of the Council, and he congratulated Councilman Parent. Councilman Parent thanked.-the Council for his selection as president. He also felt the Council wa a hard- working Council and would continue in that manner. Councilman Serge indicated that the committee had recommended that Councilman Taylor be nominated for _Council Vice - President in 1975, and he so moved, seconded by Councilman Parent. Council President Nemeth asked if there were any other nominations to be made, and Councilman Kopczynski made a motion to nominate Councilman Szymkowiak as Vice - President, seconded by Council President Nemeth. Councilman Parent then made a motion that the nominations be closed, seconded by Councilm n Horvath. The motion carried. Council President Nemeth requested a roll call vote, explaining that each councilman` would vote by naming his choice for vice- president. Councilman Taylor was elected by six votes (Councilmen Serge, Miller, Parent, Taylor, Horvath and Newburn) and three votes for Councilman Szymkowiak (Councilmen Szymkowiak, Kopczynski and Nemeth). Councilman Szymkowiak indicated` that it had been an honor to serve as vice - president under Council President Nemeth aqd he felt it would be a great loss not to have Councilman Nemeth as president in the futu'e. He hoped the Council would continue its good work. Councilman Serge indicated that the committee 'had recommended that Councilman Newburn be nominated for Chairman of the Committee of the Whole in 1975, and he so moved, seconded by Councilman Parent' Council President Nemeth asked if there were any other nominations to be made, and Councilman Miller made a motion to nominate Councilman Kopczynski as Chairman, seconded by Councilman Szymkowiak. Councilman Horvath then made a motion that the nominations be closed, seconded by Councilman Parent. The motion carried.. Council President Nemeth requested a roll call vote, explaining that each councilman would vote by naming his choice for chairman. Councilman Newburn was elected by five votes (Councilmen Serge, Parent, Taylor, Horvath and Newburn) and four votes for Councilman Kopczynski (Councilmen Szymkowiak, Miller, Kopczynski and Nemeth). Councilman Newburn' indicated that he would be willing to continue serving as chairman, and he thanked the Council for its cooperation in the past. Council President Nemeth congratulated the newly - elected officers.` There being no further business to come before the Council, unfinished or new, Councilman Kopczynski' made a motion to adjourn, seconded by Councilman Taylor. The motion carried, and the meeting adjourned at 8:55 p.m. ATTEST:- APP i!FE� 4_e� K CITY CLERK PR IDENT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + +1