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HomeMy WebLinkAbout12-16-74 Council Meeting Minutes++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ + + + + + + + + + + + + + + + + + + + + + + # + + + + + + +, DECEMBER 16, 1974 REGULAR MEETING Be it remembered that the Common Council of the City of South Bend met in the Council Chambers of December 16, 1974, at 7:03 p.m., Council President Peter J. the County -City Building on Monday, Nemeth presiding'. The meeting was called to order and the Pledge to the Flag was given. I ROLL CALL PRESENT: Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth. ABSENT: None. Council President Nemeth welcomed Boy Scout Troop 599 of St. Peter's United Church of Christ and also Troop 453 of the Clay Methodist Church. Councilman Kopczynski made a motion to resolve into the Committee of the Whole, seconded by L Councilman Taylor. The motion carried. REGULAR MEETING DECEMBER 16, 1974 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, December 16, 1974, at 7:05 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) - 407 East Howard Street. Council President Nemeth indicated that he had received a telephone call from the petitioner regarding the rezoning, and it was requested that the matter be withdrawn. No one was present to make any presentation of the ordinance. Council President Nemeth made a motion that the ordinance be stricken from the files, seconded by Councilman Parent. The motion carried. ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 4990 -681 AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 40, MUNICIPAL CODE) - 900 East Ireland Road. 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 practicing in the First Bank Building, made the presentation for the ordinance. He explained that he was representing the Allens, the petitioners in the rezoning. He referred to the overhead projector showing the property to be rezoned being behind (south) of The Downunder. He explained that the rezoning was necessitated because additional parking facilities were needed. He stated that the additional parking lot would allow for 52 parking spaces, and the Area Plan Commission had favorably recommended the ordinance to the Common Council. He indicated that the decision to rezone was voluntary on the part of the owners. Access would be provided off Ireland Road through the existing curb cut. Councilman Kopczynski asked about an exit from the rear of the property, and Mr. Dunfee indicated that the only exit would be through The Downunder property and would come out on Ireland Road. He presented a preliminary site development plan to the Council members. Councilman Taylor made a motion that the ordinance be recommended favorably to the Common Council, seconded by Councilman Kopczynski. The motion carried. 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 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 explained that the ordinance would redistrict the six councilmanic district: within the city. The Council has the legal responsibility for taking charge of the districts, and it was required that this be done prior to the end of the year because of the election in 1975. He indicated that the City Attorney had written an opinion regarding the redistricting, and he quoted from that opinion. He stated that an estimate of the population per district was as follows: 1st District - 21,200 2nd District - 20,800 3rd District - 17,000 4th District - 23,000, 5th District - 23,000 6th District - 20,000 Mr. James Roemer, City Attorney, stated that he felt the ordinance as drafted was legal even thoug] there was somewhat of a variance between the 3rd, 4th and 5th districts. Council President Nemeth also mentioned the possibility of various annexations coming out of court, at which time a full - scale redistricting would have to be accomplished. Councilman Taylor wondered if there were any figures available to show voting registration rather than just population estimates. Council President Nemeth stated that the voting count ranged from a low of 12,000 in the 6th to 14,000 in the 5th. Councilman Taylor stated that he felt the ordinance was not fair to two districts within the city. He stated that his district had only one representative for 23,000 persons and another district had one representative for only 17,000 persons. He felt that another meeting of the Council was necessary in 1974 and that the ordinance should be reconciled at that time rather than waiting for the conclusion of various annexations. Council President Nemeth stated that another reason for redistricting in this manner was because the maps have been drawn up for the county election. He indicated that the ordinance being considered conformed to the county precinct maps. Councilman Taylor felt there should be equal representation in each district. Councilman Kopczynski felt the districts were fair and that other factors besides just population have to be considered, such as the number of industries in a certain district, etc. Councilman Szymkowiak stated that there were three at -large councilmen who could help back up the district councilmen, and he felt Councilman Taylor's point was not justified. Councilman Taylor talked about setting a precedence and court cases, and he maintained that representation was being cut down for the peop14 of the 5th District. Councilman Horvath felt only three districts were being debated, and he felt the issue could be taken care of easily. Mr. David Wells,'Manager of the Bureau of Design and Administration, indicated that the figures used were merely estimates and were compiled in a short period of time. He asked that, if the Council wished to delay the issue, more time be given to the population distribution figures. Councilman Serge asked for a copy of the proposed maps, and Mr. Wells indicated that one copy of the maps was available in his office. Councilman Parent stated that he wanted to see the redistricting done in a proper manner, and he wondered if more time should be allowed for consideration; however, he also felt there was no major problem in the population variances. Councilman Kopczynski stated that he felt the Council should not delay the issue but should take action at this time. Councilman Kopczynski made a motion that the ordinance be recommended favorably to the Common Council, seconded by Councilman Szymkowiak. Chairman Newburn requested a roll call vote. The motion carried by a vote of six ayes (Councilmen Szymkowiak, Miller, Parent, Kopczynski, Newburn and Nemeth) and three nays (Councilmen Serge, Taylor and Horvath). REGULAR MPPTING DECEMBER 16, 1974 COMMITTEE OF THE WHOLE MEETING (CONTINUED) 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 being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Rollin Farrand, Director of the Department of Public Works, made the presentation for the ordinance. He explained that the project was a standard Barrett Law sewer project in the 5th District. There were no comments or questions. (Councilman Kopczynski made a motion that the ordinance be recommended favorably to the Common Council, seconded by Councilman Taylor. 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 being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Rollin Farrand, Director of the Department of Public Works, made the presentation for the ordinance. He explained that this project also was a Barrett Law project constructed in the 2nd District and was consistent with past Barrett Law procedures. There were no comments or questions. (Councilman Kopczynski made a motion that the ordinance be recommended favorably to the Common Council, seconded by Councilman Szymkowiak. The motion carried. 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 being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Chairman Newburn indicated that the accompanying letter was self - explanatory and he felt a further presentation was not necessary. There were no comments or questions. (Councilman Serge made a motion that the ordinance be recommended favorably to the Common Council, seconded by douncilman Parent. The motion carried. There being no further business to come before the Committee of the Whole, Councilman Kopczynski made a motion to rise and report to the Council, seconded by Councilman Miller. 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 7:32 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 November 25, 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 Kopczynski. The motion carried. REPORT FROM THE COMMITTEE OF THE WHOLE Councilman Kopczynski made a motion to waive the reading of the report of the Committee of the Whole, seconded by Councilman Taylor. The motion carried by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). REPORT FROM THE COMMITTEE ON CLAIMS To the Common Council of the City of .South Bend: 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. Peter J. Nemeth, Chairman REGULAR MEETING DECEMBER 16, 1974 MEETING - RECONVENED (CONTINUED) Councilman Taylor made a motion that the report be accepted as read and placed on file and the cla be approved for payment, seconded by Councilman Kopczynski. The motion carried. REPORT FROM THE DIRECTOR OF THE DEPARTMENT OF HUMAN RESOURCES AND ECONOMIC DEVELOPMENT Mr. William Hojnacki, Director of the Department of Human Resources and Economic Development, made his quarterly report to the Council. He stated that he had submitted a written report to the Council members which outlined a summary of activities in which the department was involved, and which also explained the Comprehensive Employment and Training Program and the Community Developme Program which would be implemented within the next few months. Councilman Taylor stated that he felt funds were overdue in the area of historic preservation, and he was hopeful that, in the appl cation for the Better Communities Act, this would be taken into consideration. Mr. Hojnacki indicated that a historic preservation commission was formed by ordinance and was a very active organization within the community. Councilman Miller wondered about the scope of the Manpower Program. Mr. Hojnacki referred to page 8 of the report which outlined the sub - contracts negotiate Totally, the city had dealt with about 300 persons by counseling or job placement. He stated that $1.3 million was available to the city. Councilman Miller wondered about the number of jobs in South Bend which were being funded by Manpower. Mr. Hojnacki indicated that the city had about 15 carryovers from the Emergency Employment Program and about 20 additional slots. He indicated that certain requirements must be met by the applicants. Councilman Kopczynski wondered about the staf of 11 persons. He wondered if any persons were part -time, and Mr. Hojnacki stated that all those employed were full -time and did not hold any other jobs. Council President Nemeth thanked Mr. Hojnacki for his presentation. ORDINANCES, SECOND READING ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 40, MUNICIPAL CODE) - 407 East Howard Street. This ordinance had second reading. Councilman Newburn made a motion to strike the ordinance from the files, seconded by Councilman Taylor. The motion carried. ORDINANCE NO. 5774 -74(A) 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) - 900 East Ireland Road. This ordinance had second reading. Councilman Taylor made a motion to pass the ordinance, seconde by Councilman Kopczynski. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE NO. 5775 -74 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 second reading. Councilman Kopczynski made a motion to pass the ordinance, seconded by Councilman Szymkowiak. The ordinance passed by a roll call vote of six ayes (Councilm( Szymkowiak, Miller, Parent, Kopczynski, Newburn and Nemeth) and three nays (Councilmen Serge, Tayl( and Horvath). ORDINANCE NO. 5776 -74 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 second reading. Councilman Szymkowiak made a motion to pass the ordinance, 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. 5777 -74 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 second reading. Councilman Szymkowiak made a motion to pass the ordinance, seconded by Councilman Kopczynski. The ordinance passed by a roll call vote of nine ayes (Counci Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE NO. 5778 -74 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 second reading. Councilman Kopczynski made a motion to pass the ordinance, seconded by Councilman Newburn. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). REGULAR MEETING DECEMBER 16, 1974 REGULAR MEETING - RECONVENED (CONTINUED) RESOLUTIONS RESOLUTION NO. 456 -74 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. WHEREAS, there are a number of city employees who have previously been employed as employees of St. Joseph County and whose past service as an employee by St. Joseph County had not been covered by the present public employee retirement fund; and WHEREAS, under Public Law 36 of the Acts of 1972, it is provided that in order to obtain pension coverage for such employees, the governing body of either the present employer or former employer must submit a statement that they are willing to accept the employer liability for this service; and WHEREAS, there is approximately an equal number of such employees working both in the county and the city government and therefore the cost of crediting the employee with previous service years worked in the other governmental body would be minimal; and WHEREAS, the city and county officials have agreed to credit its employees with the previous time served with the other governmental body. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana: SECTION I. That city employees with previous service years in St. Joseph County government be credited with such service years worked in that governmental body for pension purposes. s/ Roger 0. Parent Member of the Common Council A public hearing was held at this time on the resolution (this resolution being continued from the November 25th Council meeting). Mr. James Roemer, City Attorney, indicated that the city was trying to credit employees for prior years of service with the county if the employee also worked for the city. If the employee had elected not to be covered, those years of service would not be credited. He stated that, after one year, all employees must be covered by the pension fund and contribute accordingly. Councilman Miller indicated that the Council was trying to come up with every possibility which would affect the PERF plan. He hoped there would not be a gap somewhere in the resolution. Mr. Roemer stated that the city was concerned with the issue of crediting year of service and any other matter would have to be a decision of PERF. He indicated that a repre- sentative of PERF had suggested that the Council pass such a resolution crediting employees with years of service. Council President Nemeth asked about the cost involved with the resolution, and Mr. Roemer stated that the cost would be minor, according to a representative of PERF. Mr. Walter Lantz, Chief Deputy Controller, stated that there would be no direct payments made by the city. He explained that the experience factor could rise; however, this would be minimal. He indicated that, in the original legislation, the provision of crediting years of service with the city and county was not adequately taken care of. Councilman Kopczynski was of the opinion that it was only fair the employees be credited for prior years of service. Council President Nemeth wondered about the possibility of a person working 20 years with the county prior to PERF. Councilman Taylor expressed support of the resolution. He wondered if the county had acted upon a similar resolution. Mr. Roemer indicated that a resolution had been submitted; however, he was not aware of any action thus far on the resolution. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, stated that the county had already acted favorably upon its resolution He stated that there had been no questions or amendments made to the resolution. Councilman Kopczynski 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. 457 -74 A RESOLUTION APPROVING AUTHORIZATION OF SALE OF REAL ESTATE TO THE DEPARTMENT OF REDEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA. WHEREAS, the City of South Bend owns certain real estate hereinafter described which is not necessary to the public use and is no longer needed and is not set aside by the State of Indiana or the City of South Bend for public purposes; and WHEREAS, the Board of Public Works of the City of South Bend on the 9th day of December, 1974, adopted 'a resolution authorizing the sale of said real estate to the Department of Redevelopment for the full aggregate appraised value thereof in the amount of Thirteen Thousand, Four Hundred Dollars ($13,400.00) pursuant to statute of the State of Indiana, being I.C. 5- 18 -1 -1 permitting the sale of real estate within another public body co- extensive with the territory of another public body, or which one public body is a part of such other public body, and further pursuant to Chapter 30A -2 of the Municipal Code of the City of South Bend; and WHEREAS, appraisals have been had of each parcel of said real estate by qualified appraisers and said appraisals are in writing and are placed of record with the Board of Public Works of the City of South Bend. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana: REGULAR MEETING DECEMBER 16, 1974 IREGULAR MEETING - RECONVENED (CONTINUED) IRESOLUTION NO. 457 -74 (CONTINUED) SECTION I. That the resolution adopted by the Board of Public Works of the City of South Bend on the 9th day of December, 1974, finding that the hereinafter described real estate is not necessary to the public use and is no longer needed and is not set aside by the State of Indiana or the City of South Bend for public purposes, and further finding that the valuation of each parcel of real estate is established in the amount set forth after each parcel, is hereby approved and confirmed. SECTION II. The real estate described herein is now ordered sold to the Department of Redevelopment of the City of South Bend for the total sum of Thirteen Thousand, Four Hundred Dollars ($13,400.00), said sum being the aggregate amount of the appraised value of each parcel of real estate, and said real estate being described as follows: Parcel No. Legal Description Price 59 -25 Lot 2 Elder Place Addition, commonly known $ 675.00 as 115 E. Elder Street 59 -37 Lot 14 Elder Place Addition, commonly known 725.00 as 209 E. Elder Street 66 -9 Lot 30 Elder Place Addition, commonly known 800.00 as 210 E. Elder Street 66 -14 Lot 24 and 25 Elder Place Addition, E. Elder 1,500.00 Street 66 -22 Lot AI and AJ Comm. Sub., commonly known as 450.00 121 E. Paris Street 66 -26 Lot 40 Elder Place Addition, commonly known 750.00 as 129 E. Paris Street 66 -33 Lot 47 Elder Place Addition, commonly known 800.00 as 211 E. Paris Street 76 -7 Lot 70 Elder Place Addition, commonly known 850.00 as 218 E. Paris Street 76 -14 Lot 63 Elder Place Addition, commonly known 825.00 as 140 E. Paris Street 76 -16 Lot 61 Elder Place Addition, commonly known 825.00 as 132 E. Paris Street 76 -17 Lot 60 Elder Place Addition, commonly known 825.00 as 128 E. Paris Street 59 -42 Lot 19 Elder Place Addition, commonly known 650.00 as 229 E. Elder Street 59 -35 Lot 12 Elder Place Addition, commonly known 725.00 as 201 E. Elder Street 59 -33 Lot 10 Elder Place Addition, commonly known 700.00 as 145 E. Elder Street 66 -8 Lot 31 Elder Place Addition, commonly known 800.00 as 214 E. Elder Street 66 -15 Lot 23 Elder Place Addition, commonly known 750.00 as 132 E. Elder Street 66 -30 Lot 44 Elder Place Addition, commonly known 750.00 as 147 E. Paris Street SECTION III. 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/ Joseph T. Serge Member of the Common Council A public hearing was held at this time on the resolution. Mr. James Roemer, City Attorney, explained that the resolution approved the sale of certain lots of real estate acquired through substandard demolition, lien or foreclosure. He stated that the Department of Redevelopment had offered to purchase the lots at the appraised figures, and he indicated that the lots were vacant with no buildings standing. He stated that it was hoped a park eventually could be constructed on the site. He stated that the Board of Public Works had approved a resolution to sell the lots for a total of $13,400. Councilman Miller wondered if the land was purchased back from Redevelopment. Councilman Horvath indicated that the property in question surrounded the park and was not includec in the purchase from Redevelopment. Mrs. Marzy Bauer, Planner for the Department of Redevelopment, stated that a quitclaim deed had been issued to the Park Department. She indicated that the resolution was necessitated. Councilman Parent made a motion to adopt the resolution, seconded by Councilman Taylor. Councilma Serge talked about the number of burn -outs in certain areas. He wondered about the procedure used if an-adjoining property owner desired to purchase one of the lots in question. Mr. Roemer stated that a standard procedure was followed and the lots were advertised for sale. Councilman Miller REGULAR MEETING DECEMBER 16 1974 REGULAR MEETING - RECONVENED (CONTINUED) stated that the NDP grant stipulated that the property be utilized in a certain manner. He indicated that the title must be cleared and the buildings demolished in order to sell the propert to the Park Department. He wondered what would happen if the $40,000 would revert to the Park Department, and Mr. Roemer stated that an extension to June 30th had been granted concerning the property. Mr. Walter Lantz, Chief Deputy Controller, indicated that the money appropriated would be encumbered by purchase order. Councilman Miller wondered about the streets being demolished, and Mrs. Bauer stated that there was not any money left in the budget to demolish the streets although it had originally been planned to do so. She stated that, if there was any money left, the streets would be demolished. She indicated that there was sufficient money to demolish all the buildings and relocate the residents. Councilman Szymkowiak wondered if the Park Department was going to purchase the land, and Mr. Roemer indicated that the department would purchase the land with revenue sharing funds in the amount of $40,000 which funds were previously approved by the Council. Councilman Kopczynski wondered why the budget was overrun on the projects and there was not enough money left for demolition of the streets. Mrs. Bauer indicated that she was not working on the project and could not give that information. Mr. Roemer felt Councilman Kopczynski deserved an answer to his question, and Mrs. Bauer indicated that she would come up with the requested information. Councilman Kopczynski asked for a detailed report on the $500,000 spent on the project and also what remained to be done. Mrs. Bauer indicated that she would provide that information. There was a call for the question. The resolution was adopted by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). RESOLUTION NO. 458 -74 A RESOLUTION TRANSFERRING $10,000.00 FROM ACCOUNT NUMBER 221.0, "ELECTRIC CURRENT ", TO ACCOUNT NUMBER 214.0, "TELEPHONE AND TELEGRAPH ", BOTH ACCOUNTS BEING WITHIN THE BOARD OF PUBLIC WORKS BUDGET WITHIN 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 214.0, "Telephone and Telegraph ", to enable the Public 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: $10,000.00 in Account No. 221.0, "Electric Current" NOW, THEREFORE, BE IT RESOLVED by the Common.Council of the City of South Bend: SECTION I. That the Account 221.0, "Electric Current ", be reduced by $10,000.00 and this 10,000.00 be appropriated and transferred to Account 214.0, "Telephone and Telegraph ". 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/ Joseph T. Serge Member of the Common Council A public hearing was held at this time on the resolution. Mr. Walter Lantz, Chief Deputy Control] explained that the line item for telephone and telegraph had been under - budgeted and, at the public hearing on the budget, the amount proposed had been cut by $5,000. Councilman Miller wondered if the city paid for line listings in the telephone directory, and Mr. Lantz indicated that it did; however, he stated that the city was in the process of reducing some of the listings, Councilman Serge made a motion to adopt the resolution,seconded by Councilman Parent. The resolution was adopted by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). RESOLUTION NO. 459 -74 A RESOLUTION TRANSFERRING $2,500.00 FROM ACCOUNT NUMBER 223.0, "HEAT ", TO ACCOUNT NUMBER 251.0, "BUILDING REPAIRS ", ALL ACCOUNTS BEING WITHIN THE SAME MAJOR CLASSIFICATION OF THE MORRIS CIVIC AUDITORIUM BUDGET, 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 251.0, "Building Repairs "�, to enable the Morris Civic Auditorium 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: $2,500.00 in Account #223.01, "Heat" NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend: REGULAR MEETING DECEMBER 16 1974 REGULAR MEETING - RECONVENED (CONTINUED) RESOLUTION NO. 459 -74 (CONTINUED) SECTION I. That the Account 223.0, "Heat ", be reduced by $2,500.00, and the $2,500.00 be appropriated and transferred to Account 251.0, "Building Repairs ". 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/ Joseph T. Serge 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, as a result of some plaster falling from the ceiling over the third balcony at the auditorium, immediate repair was necessary. He stated that the firm doing the repair work on the museum had been contacted to check the ceiling throughout the auditorium and to remove any additional plaster that appeared to pose any danger. He indicated that, because of the emergency, approximately $800 of the money being requested had already been expended. Councilman Kopczynski asked for a detailed inspection report on the Morris Civic Auditorium in order that the Council would be aware of the long -term outlook on the safety of the building. Mr. Farrand stated that a preliminary report was made on the ceiling by the firm working on the museum Councilman Kopczynski wondered if the Building Department could take care of the inspection. He wondered if the steel beams and joints were recently inspected. Mr. Farrand indicated that there was an advisory board on the Morris Civic Auditorium, and it was hoped the board would become active in this matter. Councilman Kopczynski felt it was the responsibility of the Building Department to inspect the auditorium for safety measures. He asked for a commitment in writing concerning the safety of the building, and he felt consideration should be given to his suggestion of having the Building Department be responsible for inspection. He wondered how long it would take to come up with a preliminary report on the structure. Mr. Farrand hoped this could be done by the end of January. Councilman Szymkowiak wondered about the cause of the falling plaster, and Mr. Farrand stated that, some time ago, there were problems experienced with water leaking; howeve: the water problem had been taken care of. Councilman Parent made a motion that the resolution be adopted, seconded by Councilman Taylor. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, questioned the account from which the amount was being transferred. He wondered about the balance in the heating account, and Mr. Farrand indicated that he did not have specific figures. He stated that 1974 had been an unusual heating year. Councilman Miller explained that a new heating system was also utilized and the amount of $8,000 was merely an estimate. There was a call for the question. The resolution w adopted by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). RESOLUTION NO. 460 -74 A RESOLUTION TRANSFERRING $400.00 FROM ACCOUNT NUMBER 222.0, "GAS ", TO ACCOUNT NUMBER 221.0, "ELECTRIC CURRENT ", ALL ACCOUNTS BEING WITHIN THE SAME MAJOR CLASSIFICATION OF THE FIRE DEPARTMENT BUDGET, 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 221.0, "Electric Current ", to enable the Fire 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: $400.00 in Account #222.0, "Gas" NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend: SECTION I. That the Account 222.0, "Gas ", be reduced by $400.00, and the $400.00 be appropriated and transferred to Account 221.0, "Electric Current ". 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/ Joseph T. Serge Member of the Common Council A public hearing was held on the resolution at this time. Assistant Fire Chief Joseph Nagy explained that the transfer was necessitated in order to meet obligations with the Indiana and Michigan Electric Company. There were no comments or questions. Councilman Kopczynski 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. 461 -74 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE AWARDING OF TWO CONTRACTS IN EXCESS OF $5,000 FOR REHABILITATION WORK IN THE SOUTHEAST NEIGHBORHOOD DEVELOPMENT PROGRAM. REGULAR MEETING DECEMBER 16, 1974 REGULAR MEETING - RECONVENED (CONTINUED) RESOLUTION NO. 461 -74 (CONTINUED) WHEREAS, under provisions of Ordinance No. 5689 -74, passed by the South Bend Common Council on June 24, 1974, all contracts in the Neighborhood Development Program in excess of $5,000 must be approved by the Common Council; and WHEREAS, low bids for two properties to be rehabilitated under the Neighborhood Development Program have exceeded $5,000. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana: 1. That approval be granted to the Redevelopment Commission of the City of South Bend, Indiana, to enter into a contract with Madison Builders, Inc., for the following: Rehabilitation of the property at 59 Haney's Addition, also known as 230 East Pennsylvania at the contract price of $6,373.00. Rehabilitation of the property at 218 Wenger and Kreighbaum's Replat of Wenger's 6th Addition, also known as 735 East Broadway for the contract price of $6,145.00. s/ Roger O. Parent Member of the Common Council A public hearing was held on the resolution at this time. Mrs. Marzy Bauer, Planner for the Department of Redevelopment, stated that the resolution being considered pertained to the E -7 Program. She stated that 42 houses were advertised for bids and only 8 bids were received. Of the 8 bids received, 2 bids came in in excess of $5,000. She explained that any contracts over $5,000 must be approved by the Council. Councilman Kopczynski wondered how many homes would go over the $5,000 figure. He wondered how much would be needed to finish the project. Mrs. Bauer stated that, originally, $5,000 was estimated per house for 80 homes. She indicated that this would not completely rehabilitate the southeast side. She was hopeful that private investment would be encouraged if the area was at least started on the road to rehabilitation. Councilman Kopczynski wondered about the total number of homes and home owners in the area. He felt the Council did not know the total scope of the project. He asked if it was fair to concentrate certain amounts of money in that area. Mrs. Bauer felt the need was definitely there for a great deal of rehabilitation. Councilman Kopczyns felt some of the money should be spent in other areas. Councilman Parent stated that he felt the Council was somewhat off the issue at hand. He wanted to know if the contracts had been approved previously. Mrs. Bauer stated that the Advisory Board must approve everything prior to Council approval. She stated that all contracts must be signed by the Redevelopment Commissioners. Councilman Parent made a motion to adopt the resolution, seconded by Councilman Taylor. Councilma Szymkowiak wondered how many property owners lived in the homes in the area. He asked about the senior citizens and middle -aged couples. Mrs. Bauer indicated that 65% of the residents in the area were home owners. She stated that she would provide Councilman Szymkowiak with further infor- mation at a later date. Councilman Miller stated that he was disappointed in the progress to date He also brought up the trash, problem. He felt a trash pickup and removal of debris was necessary. He stated that the city -owned lots were also in very poor condition. Councilman Serge asked Mr. Hojnacki to explain the procedure utilized in getting the home owners to rehabilitate their homes. Mrs. Bauer answered by stating that the area was not attractive to private general contractors because certain requirements must be met for construction. She explained that this was one of the reasons why the process seemed to be so slow. She hoped that, because of the economic conditions, the contractors would be more ready to obtain work next year. Mrs. Quindora Stone, 503 East Wengex Street, talked about the problems she had encountered living in the southeast side. She indicated that she was having problems obtaining food stamps. Council.-President Nemeth asked that Mrs. Stone speak to Mr. Hojnacki, Director of the Department of Human Resources and Economic Development and perhaps he would be able to provide some solution to her problem. Councilman Kopczynski wondered how many rooms were involved in the home on Pennsylvania Avenue, and Mrs. Bauer indicated that the home had six rooms. Councilman Kopczynski asked the same question of the home on Wenger. Mrs. Bauer stated that the home on Wenger had five rooms. Councilman Kopczynski asked about the number of persons living in each home, and Mrs. Bauer stated that two persons lived on Pennsylvania She could not tell Councilman Kopczynski about the number of persons living in the home on Wenger but indicated that she would obtain that information for him. Councilman Horvath briefly talked about the private contractors and the difficulty in hiring them to repair the homes. Mrs. Bauer stated that it was hoped that the Redevelopment Department could hire its own contractor to help in this problem. There was a call for the question. The resolution was adopted by a roll call voi of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). Councilman Taylor made a motion to recess, seconded by Councilman Parent. The motion carried, and the Council recessed at 9:02 p.m. Reconvened at 9:20 p.m. RESOLUTION NO. 462 -74 A RESOLUTION TRANSFERRING $3,100.00 FROM ACCOUNT NUMBER 260.0, "OTHER CON- TRACTUAL SERVICES ", $3,000.00 OF THIS GOING TO ACCOUNT NUMBER 262.0, "MEDICAL, SURGICAL AND DENTAL ", AND $100.00 TO ACCOUNT NUMBER 211.0, "FREIGHT ", AND $300.00 FROM ACCOUNT NUMBER 323.0, "TIRES AND TUBES ", TO ACCOUNT NUMBER 361.0, "OFFICIAL RECORDS ", ALL ACCOUNTS BEING WITHIN THE SAME MAJOR CLASSIFICATION OF THE POLICE DEPARTMENT BUDGET, IN THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. REGULAR MEETING DECEMBER 16, 1974 REGULAR MEETING - RECONVENED (CONTINUED) RESOLUTION NO. 462 -74 (CONTINUED) 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 262.0, "Medical, Surgical and Dental ", 211.0, "Freight ", and 361.0, "Official Records ", to enable the Police 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: $3,100.00 in Account 260.0, "Other Contractual Services" $ 300.00 in Account 323.0, "Tires and Tubes" NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend: SECTION I. That the Account 260.0, "Other Contractual Services ", be reduced by $3,100.00 and of this $3,000.00 be appropriated and transferred to Account 262.0, "Medical, Surgical and Dental ", and $100.00 be appropriated and transferred to Account 211.0, "Freight "; and Account 323.0, "Tires and Tubes ", be reduced by $300.00 and of this $300.00 be appropriated and transferred to Account 361.0, "Official Records ". 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/ Roger 0. Parent Member of the Common Council A public hearing was held at this time on the resolution. Mr. Eugene Sikorski explained that a transfer was necessary to cover medical costs incurred as the result of a recent jail fire in which 10 officers were injured, and also the recent shooting of a police officer. He stated that there have been additional costs incurred in shipping evidence to the F.B.I. Lab and additional costs for photographic processing. There were no comments or questions. 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. 463 -74 A RESOLUTION FINDING AND ADJUDGING THAT THE FINANCING OF FACILITIES FOR AUGUST K. BRENNER AND DORIS ANN BRENNER, 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. 182, 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 18- 6- 4.5 -28, hereinafter referred to as the "Act "; and WHEREAS, August K. Brenner and Doris Ann Brenner have filed an application with the Commission to finance the acquisition of real estate and the construction thereon of an industrial and commercial building (facility) 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 November 15, 1974, after giving the required notice as provided for in Section 16 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 August K. Brenner and Doris Ann Brenner 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: REGULAR MEETING DECEMBER 16 1974 REGULAR MEETING - RECONVENED (CONTINUED) RESOLUTION NO. 463 -74 (CONTINUED) Section 1. Such financing for August K. Brenner and Doris Ann Brenner under the Act be and the same is hereby approved. Section 2. This resolution shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. s/ Roger 0. Parent Member of the Common Council A public hearing was held at this time on the resolution. Mr. Kenneth Fedder, Attorney for the South Bend Development Commission, indicated that the construction of the facility would be at the northwest corner of Eckman and Main Streets. He stated that, on November 15, 1974, the commission met and felt there was a need for the facility because of the additional taxes and increase in employment. He indicated that the amount of the bond was $135,000, and the operation had moved from Mishawaka to South Bend. The firm was in the business of auto and truck rustproofing. Councilman Horvath asked if the building had been constructed, and Mr. Fedder stated that he thoug construction had started. Councilman Horvath 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. 464 -74 A RESOLUTION FINDING AND ADJUDGING THAT THE FINANCING OF FACILITIES FOR INDUSTRIAL REALTY, AN INDIANA PARTNER- SHIP, 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. 182 of the Acts of the General Assembly of Indiana, for 1973, as such may be amended from time to time, including but not limited to IC 18- 6 -4.5 -2 through IC 18- 6- 4.5 -28, hereinafter referred to as the "Act "; and WHEREAS, Industrial Realty 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 of such facilities on November 15, 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 Industrial Realty 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 Industrial Realty, 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 Member of the Common Council A public hearing was held on the resolution at this time. Mr. Kenneth Fedder, Attorney for the South Bend Development Commission, explained that the bond issue would provide for the constructioi and expansion of a facility consisting of 18,000 square feet at a cost of approximately $130,000. He stated that the next application would be for the equipment to be utilized. He indicated that the commission met and felt that the necessary prerequisites were met. Councilman Newburn asked about the number of new jobs to be created, and Mr. Fedder indicated that, at present, there were 25 employees and there would be approximately 100 new jobs. He stated that the construction would be adjacent to Mishawaka and the firm dealt in molding forms, etc. t REGULAR MEETING DECEMBER 16, 1974 REGULAR MEETING - RECONVENED (CONTINUED) Councilman Newburn made a motion to adopt the resolution, seconded by Councilman Horvath. The resolution was adopted by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). RESOLUTION NO. 465 -74 A RESOLUTION FINDING AND ADJUDGING THAT THE FINANCING OF FACILITIES FOR THERMOPLASTICS, INC., AN INDIANA CORPORA- TION, 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. 182 of the Acts of the General Assembly of Indiana, for 1973, as such may be amended from time to time, including but not limited to IC 18- 6 -4.5 -2 through IC 18- 6- 4.5 -28, hereinafter referred to as the "Act "; and WHEREAS, Thermoplastics, Inc. has filed an application with the Commission to finance leased industrial equipment for 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 November 15, 1974, after giving the required notice as provided for in Section 16 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 Thermoplastics, 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 Thermoplastics, Inc., an Indiana corporation, under the Act be and the same is hereby approved. Section 2. This resolution shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. s/ Peter J. Nemeth Member of the Common Council A public hearing was held on the resolution at this time. Mr. Kenneth Fedder, Attorney for the South Bend Development Commission, explained that the application was for the equipment for the preceding bond request. He stated that 95% of the existing employment was from South Bend, and it was thought that, with the addition of 100 jobs, most of the employment would be within the cit Councilman Newburn made a motion to adopt the resolution, seconded by Councilman Parent. The resolution was adopted by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCES, FIRST READING ORDINANCE NO. 5779 -74 AN ORDINANCE APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO AUGUST K. BRENNER AND DORIS ANN BRENNER. This ordinance had first reading. Councilman Kopczynski made a motion to suspend the rules and take action on the ordinance, seconded by Councilman Taylor. The motion carried by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). This ordinance then had second reading. Councilman Horvath made a motion to pass the ordinance, seconded by Councilman Miller. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth) . ORDINANCE NO. 5780 -74 AN ORDINANCE APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS AND AUTHORIZING THE EXECUTION THEREOF PERTAINING.TO INDUSTRIAL REALTY, AN INDIANA PARTNERSHIP. REGULAR MEETING DECEMBER 16, 1974 REGULAR MEETING - RECONVENED (CONTINUED) This ordinance had first reading. Councilman Taylor 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. Councilman Kopczynski made a motion to pass the ordinance, 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. 5781 -74 AN ORDINANCE APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO THERMOPLASTICS, INC. This ordinance had first reading. Councilman Newburn made a motion to suspend the rules and take action on the ordinance, seconded by Councilman Taylor. The motion carried by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). This ordinance then had second reading. Councilman Serge 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 This ordinance had hearing and second carried. ORDINANCE AN ORDINANCE AMENDING CHAPTER 2 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND`, INDIANA, PERTAINING TO COMMON COUNCIL STANDING COMMITTEES. first reading. Councilman Miller made a motion to set the ordinance for public reading on January 13, 1975, seconded by Councilman Kopczynski. The motion AN ORDINANCE AMENDING CHAPTER 2 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, PERTAINING TO THE EXECUTIVE BRANCH OF GOVERNMENT. This ordinance had first reading. Councilman Miller made a motion to set the ordinance for public hearing and second reading on January 13, 1975, seconded by Councilman Taylor. The motion carried ORDINANCE NO. 5782 -74 AN ORDINANCE APPROPRIATING THE SUM OF $62,500.00 TO ACCOUNT NO. 440.0, "MATERIALS ", IN THE CUMULATIVE'CAPITAL IMPROVEMENT FUND BUDGET FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND OF THE CITY OF SOUTH BEND, INDIANA. This ordinance had first reading. Councilman Kopczynski made a motion to suspend the rules and take action on the ordinance, seconded by Councilman Taylor. The motion carried by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). This ordinance then had second reading. Mr. Walter Lantz, Chief Deputy Controller, explained that the amount of $62,500 was received by the city in the form of a check. That same amount was appropriated in revenue sharing funds for the park on Edison Road, and $62,500 was utilized from the Cumulative Capital Improvement Fund. Councilman Miller made a motion to pass the ordinance, seconded by Councilman Kopczynski. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE AN ORDINANCE APPROPRIATING THE SUM OF $100,000.00 TO ACCOUNT NO. 260.0, "OTHER CONTRACTUAL SERVICES ", IN THE CUMULATIVE CAPITAL IMPROVEMENT FUND BUDGET FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND 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 January 13, 1975, seconded by Councilman Miller. The motion carried ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 5706 -74 CONCERNING THE ANNUAL PAY OF POLICEMEN FOR THE CALENDAR YEAR OF 1975. This ordinance had first reading. Councilman Miller made a motion to strike the ordinance from the files, seconded by Councilman Taylor. Council President Nemeth requested a roll call vote. The motion carried by a roll call vote of seven ayes (Councilmen Serge, Miller, Parent, Taylor, Kopczynski, Newburn and Nemeth) and two nays (Councilmen Szymkowiak and Horvath). ORDINANCE AN ORDINANCE FIXING THE ANNUAL SALARIES, PAYABLE FROM THE GENERAL FUND FOR OFFICERS OF THE CITY OF SOUTH BEND TO BE ELECTED FOR THE TERM COMMENCING JANUARY 1, 1976, AND FIXING THE TIME WHEN THE SAME SHALL TAKE EFFECT. This ordinance had first reading. Councilman Newburn made a motion to set the ordinance for public hearing and second reading on January 27, 1975, seconded by Councilman Miller. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $57,033.06 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR THE CIVIC CENTER PROJECT, TO BE ADMINISTERED BY THE CIVIC CENTER AUTHORITY. REGULAR MEETING DECEMBER 16 1974 REGULAR MEETING - RECONVENED (CONTINUED) This ordinance had first reading. Councilman Miller made a motion to set the ordinance for public hearing and second reading on January 13, 1975, seconded by Councilman Taylor. The motion carried ORDINANCE AN ORDINANCE APPROPRIATING $18,516.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS LAW ENFORCEMENT PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF LAW. This ordinance had first reading. Councilman Miller made a motion to set the ordinance for public hearing and second reading on January 13, 1975, seconded by Councilman Taylor. The motion carried ORDINANCE AN ORDINANCE APPROPRIATING $2,367.00 FROM THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR THE DEPARTMENT OF PUBLIC PARKS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC PARKS. This ordinance had first reading. Councilman Taylor made a motion to set the ordinance for public hearing and second reading on January 13, 1975, seconded by Councilman Kopczynski. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $10,200.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC PARKS PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC PARKS. This ordinance had first reading. Councilman Kopczynski made a motion to set the ordinance for public hearing and second reading on January 13, 1975, seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $106,803.00 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 ordinance had first reading. Councilman Szymkowiak made a motion that the ordinance be tabled until a new site was found for the Delos House, seconded by Councilman Serge. Council President Nemeth stated that, by the time the ordinance went through the necessary channels, con- siderable time would have elapsed. He felt it was important to set the ordinance for public hearing. Councilman Parent agreed with Council President Nemeth. Councilman Kopczynski felt the ordinance should be tabled. Councilman Serge stated that the lease had been requested many times, and it had not yet been furnished. He felt the matter should be tabled so that cooperation would be afforded to the Council. Councilman Kopczynski also stated that the lease had been requested several times, and he felt sufficient cooperation had not been given the Council. Councilman Taylor stated that no harm would be done by setting the ordinance for public hearing. He suggested that the public hearing date be set. Councilman Parent felt the Council's responsibilit was to the drug program, not the matter of the lease. He also asked that a public hearing date be set for the ordinance. There was a call for the question. Councilman Kopczynski indicated that every aspect of a program must be studied if revenue sharing funds were to be appropriated. He wanted a good drug abuse program in the community; however, he felt there were problems at the present site and sufficient cooperation had not been received regarding the Council's request. Council President Nemeth requested a roll call vote. The motion failed by a vote of three ayes (Councilmen Serge, Szymkowiak and Kopczynski) and six nays (Councilmen Miller, Parent, Taylor, Horvath, Newburn and Nemeth). Councilman Newburn then made a motion to set the ordinance for public hearing and second reading on January 13, 1975, seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $390,000.00 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 ordinance had first reading. Councilman Miller made a motion to set the ordinance for public hearing and second reading on January 13, 1975, seconded by Councilman Taylor. The motion carried ORDINANCE AN ORDINANCE APPROPRIATING $47,073.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC WORKS PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC. WORKS. This ordinance had first reading. Councilman Newburn made a motion to set the ordinance for publi hearing and second reading on January 13, 1975, seconded by Councilman Taylor. The motion carried REGULAR MEETING DECEMBER 16, 1974 REGULAR MEETING - RECONVENED (CONTINUED) ORDINANCE AN ORDINANCE APPROPRIATING $10,000.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC SAFETY PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC SAFETY. This ordinance had first reading. Councilman Taylor made a motion to set the ordinance for public hearing and second reading on January 13, 1975, seconded by Councilman Newburn. The motion carriec ORDINANCE AN ORDINANCE APPROPRIATING $26,986.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC SAFETY PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC SAFETY. This ordinance had first reading. Councilman Taylor made a motion to set the ordinance for public hearing and second reading on January 13, 1975, seconded by Councilman Horvath. The motion carriec PRIVILEGE OF THE FLOOR Mr. James Roemer, City Attorney, spoke regarding the policemen's salaries for 1975. He stated that the administration wanted to make an adjustment in the pension. He indicated that the ordinar was introduced and stricken from the record. He stated that the administration also wanted the Fir Department's pension considered; however, the ordinance had not been signed by any of the Council members before the meeting. He indicated that the Mayor was considering calling a special meeting on December 30th; however, he felt that it would be a complete waste of time. He felt it was clear that the Common Council wanted the original ordinances to remain in effect. Mr. Roemer stated that if the Council met on December 30th, the necessary ordinances could be amended accordingly. He felt it was apparent, however, that it was the intent of the Council that the pensioners receive only $128.50. Councilman Parent stated that the issues were discussed at great lengths when the ordinance was passed, and he felt the Council had not changed its mind since that time. He did not feel anything would be gained by bringing the issue up again. Mr. Roemer stated that he hoped the Council would appreciate his position, and he felt there was a conflict in the ordinance. Councils Taylor stated that he was satisfied that the bargaining that went on during the summer was clear ar sufficiently debated. He talked about the large amount of money going into the pension funds every year (approximately $2 million), and he felt that something would have to be done regarding this matter. He stated that the Council favored an efficient fire and police department and also sufficient salaries; however, he felt something would have to be done about the pension funds. Mr, Roemer indicated that, when the schedule was passed for the salaries, certain language in Section was not clear, in his opinion, and it conflicted with the schedule. Council President Nemeth stated that, in July when the public hearings were held, there was no concern exhibited for the pensioners by the administration. He indicated that the salary ordinances were established prior to the time when the budget was prepared. Since that time, it was determined that the budget wouR be short. He felt that the ordinance was very clear. He stated that the Board of Public Safety wZ given the discretion regarding Section 3 of the ordinance. Councilman Miller asked Mr. Roemer who he served, and Mr. Roemer answered by stating that he served the citizens of South Bend, the Commoi Council and the Mayor. Councilman Miller stated that the Council's intent was to provide a salary schedule as defined. He wondered if the city was trying to make a political point, and he suggested that the administration bow to the Council's wishes. He tried to clarify Mr. Roemer's question. He stated that the Council would be happy to meet with the administration regarding the issue; however, the administration had not even attempted to discuss the issue with the councilmen and he felt this was merely a political move. Councilman Kopczynski indicated that he understood Council President Nemeth very clearly and he was not an attorney like Mr. Roemer. He could not understand why Mr. Roemer still was unclear regarding the ordinance. Councilman Parent stated that the Council did not want any officer to get less than a $600 increase; therefore, the Board of Public Safety was given the authority to give the $600 increase. Council President Nemeth stated that he felt the issue had been debated sufficiently, and he felt sure Mr. Roemer knew where the Council stood on the subject. UNFINISHED BUSINESS Councilman Newburn, Chairman of the Council's Special Committee on the Police Department, presentec to the City Clerk the final report on the Council's investigation of the Police Department. He requested that the committee be dissolved. Councilman Parent made a motion to accept, approve and file the report of the committee, seconded by Councilman Taylor. The motion carried. Councilman Kopczynski stated that he had not signed the report because he felt the investigation should have been carried on one step farther. He felt it was incomplete because all parties concerned were not interrogated, i.e., the Mayor and the Board of Public Safety. NEW BUSINESS Council President Nemeth thanked the City Clerk and her deputies for their help and assistance during his term as President of the Council. He also thanked each and every member of the Council for their cooperation. He felt the Council should be proud of its record, and he hoped that he ha( represented the Council in a good and proper manner. There being no further business to come before the Council, unfinished or new, Councilman Taylor made a motion to adjourn, seconded by Councilman Newburn. The motion carried, and the meeting adjourned at 10:15 p.m. ATTEST: AP OU D: CITY CLERK PRESIDENT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++ e S L� 1