HomeMy WebLinkAbout01-27-75 Council Meeting Minutes+.+,+ + ++.+ + ++ ++++ ++ I....++ i-+ i-.... i'++.+++++.+ i-+++++ 1-+++ i-+++ V...++ i-+++ + ++ + + +i-.... + ++ + +-F + +.+i-....
REGULAR MEETING JANUARY 27, 1975
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, January 27, 1975, at 7:00 p.m., Council President Roger O.
Parent presiding The meeting was called to order and the Pledge to the Flag was given.
ROLL CALL PRESENT: Councilmen Serge, Szymkowiak,
Miller, Taylor, Kopczynski,
Horvath, Nemeth, Newburn and
Parent.
ABSENT: None.
APPOINTMENTS
Councilman Nemeth made a motion to appoint Mr. Isadore Rosenfeld to the Human Rights Commission,
seconded by Councilman Serge. The motion carried.
(Councilman Horvath then made a motion to appoint Councilman Serge to the Area Plan Commission,
seconded by Councilman Taylor. The motion carried.
Councilman Horvath then made a motion to appoint Councilman Taylor to the St. Joseph County
Criminal Justice Coordinating Council, seconded by Councilman Miller. The motion carried.
Mrs. Irene K. Gammon, City Clerk, administered the oath of office to the newly appointed members of
the commissions.
Council President Parent then presented to the City Clerk a list of the 1975 Common Council
committees and appointments to those committees. Copies were also distributed to the news media.
Councilman Nemeth made a motion to resolve into the Committee of the Whole, seconded by Councilman
Taylor. The motion carried.
COMMITTEE OF THE WHOLE MEETING
Be it remembered that the Common Council of the City of South Bend met in the Committee of the
Whole on Monday, January 27, 1975, at 7:09 p.m., with nine members present. Chairman Odell Newbu:
presided.
REGULAR MEETING JANUARY 27 1975
;OMMITTEE OF THE WHOLE MEETING (CONTINUED)
he hoped the Council and citizens would not have to go through the same problems and objections-
experienced with the center being located in the Park Avenue neighborhood. He wondered if a
meeting could be set up with the residents in the area to discuss the program. He felt a "monster"
had been created. He stated that he also felt every neighborhood should take a share of the public
burdens, and he noted that the North Frances Street location already had the Youth Services Bureau
and the Aurora House. Council President Parent stated that, as a comparison, a practicing
psychologist could have his office in a residential area. He briefly talked about zoning, stating
that the program had been put into a residential area. He felt the Council should not have involve
itself in the matter. He wondered if a lawsuit should be filed concerning the use of such a center
in a residential district. He also wondered what the community wanted. He stated that the Council
was not elected to be computers, but was elected to study the issues thoroughly and reach an
intelligent decision. He could not see the logic in moving the center from the Park Avenue area to
the Frances Street location. He indicated that it was much cheaper to rehabilitate someone than to
send him to prison. He stated that there were 500 addicts in the city and that addicts already
live in most neighborhoods. He felt that, everyone should be concerned about addicts in the
neighborhoods, and at least those in the Delos House were being treated for their addiction. He
stated that he would be happy to approve the funds to search for a new location.
ouncilman Miller made a motion to amend the ordinance as follows:
Amend the word "building" to "real estate" in Section I.
Add the following phrase after the amount of $50,000:
"and commonly designated 420 North Frances Street; and subject to a purchase
price which shall be not greater than the average of not less than two
appraisals by two or more members of a national appraisal association; and
including remodeling costs necessary to meet minimum state code; and
necessary transaction costs."
Councilman Taylor seconded the motion. Councilman Kopczynski felt the amendment changed the
ordinance drastically and should, therefore, be re- advertised because the location was being made
specific. Council President Parent felt Councilman Kopczynski had a good point. He stated that
the issue was the appropriation of $50,000 for "a building" and he did not feel the Council could
amend the ordinance in this manner. He felt the ordinance should be left open so that another
location could be made available. He stated that he had informed certain persons that a definite
location was not the issue -- merely the appropriation of funds to seek "a building ". He stated that
he would oppose the amendment. Councilman Serge stated that he agreed with Councilman Horvath on
his statement regarding the problems and objections received by the Council in the past concerning
the location. He stated that he had had enough of the problems created by the project. He felt
the center should be located in a commercial district and not a residential district. Chairman
Newburn indicated that, when the program became unacceptable in every area considered, the matter
should be brought to the Council. He stated that the public was under the impression that the
Council was going to approve funding for the location, not choose the location. Because of the
objections received in his proposal, Councilman Miller indicated that he would withdraw his motion
to amend. He stated that he felt the ordinance was inadequate and the Mayor had not taken a stand
and done the necessary work. He felt the whole concept should be re- worked. Recognizing that, he
made a motion to strike the ordinance. Councilman Kopczynski and Councilman Szymkowiak jointly
seconded the motion. Council President Parent wondered about a time period and the implications
of the motion to strike the ordinance. Councilman Kopczynski stated that the implications meant
"move ". He again repeated that the project belonged in an institutional district where there was
adequate and proper security. Chairman Newburn requested a roll call vote on the motion to strike
the ordinance, at which time Mr. Hojnacki indicated that the Council would be "killing the program"
if the motion carried. +He stated that the administration had been "ordered" to move the project
and, now that the administration had reached a decision to move the program to Frances Street, the
Council wanted to strike the ordinance. Chairman Newburn ruled Mr. Hojnacki out of order. He
stated emphatically that, by striking the ordinance, the Council was not killing the program. He
reminded Mr. Hojnacki that the Council had previously approved the funding of the program for 1975.
He stated that the issue was the appropriation of funds for relocation of Delos House and he did
not want Mr. Hojnacki to give the impression that the Council was killing the program. He also
stated that the Council had been led to believe that a final decision had not yet been made and
now Mr. Hojnacki had stated the administration had made a decision to move the treatment center to
North Frances Street. Councilman Kopczynski made a motion to recess, seconded by Council President
Parent. The motion carried, and the Committee of the Whole recessed at 8:27 p.m. Reconvened at
8:43 p.m. Councilman Miller indicated that he wished to withdraw his motion to strike the
ordinance. He then made a motion to amend the ordinance as follows:
Amend the word "building" to "real estate" in Section I.
Add the following phrase after the amount of $50,000:
"and commonly designated 420 North Frances Street; and subject to a purchase
price which shall be not greater than the average of not less than two
appraisals by two or more members of a national appraisal association; and
including remodeling costs necessary to meet minimum state code."
Councilman Taylor seconded the motion to amend. Council President Parent again stated that the
amendment was a separate issue from the program, and he could see no logic in moving the project
from one area to another in substantially the same character. Chairman Newburn indicated that the
proposed amendments were drastic, and perhaps the citizens should be given a right to speak on the
amendments. He asked if there were any comments or questions from the audience. An unidentified
gentleman wondered if there was a conflict of interest involved because the owner of the house was
a realtor and advisor to the Southeast Side Advisory Board. Council`President Parent felt there
would be no conflict of interest as he understood the matter. He referred to the amendment and
indicated that he felt it was a substantive change and the ordinance was being narrowed rather tha
expanded. He again repeated that he had talked to people in the neighborhood about the possible
location. He had mentioned to the residents that this matter was not on the agenda for the meetin
and he felt that, if the program was again placed in a residential area where there was objection,
the same type of problems would result. Councilman Nemeth felt there was a great deal of "buck -
passing" going on, and the Council was going to have to take a stand. He stated that the ordinanc
REGULAR MEETING JANUARY 27 1975
COMMITTEE OF THE WHOLE MEETING (CONTINUED)
was generally drawn, and he felt the Council should take action now. Chairman Newburn asked for a
roll call vote on the motion to amend. The motion carried by a roll call vote of six ayes
(Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski and Nemeth) and three nays (Councilmen
Horvath, Newburn and Parent). Councilman-_Miller then made a motion that the ordinance be
recommended favorably, as amended, to the Common Council, seconded by Councilman Taylor. The
motion carried. Councilman Horvath opposed and Councilman Parent abstained.
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 being the time heretofore set for public hearing on the above ordinance, proponents and
opponents were given an opportunity to be heard. Council President Parent made the presentation
for the salary requested by the Council. He felt it was very difficult to justify the salary of
only $3,600 a year. He felt that the Council was requesting that a salary be paid for lost time
in serving as a councilman and because of the many requests for contributions to charitable organi
zations, and expense of their cars. He felt that the work of the Council has reached a point
where many hours have been taken from other duties. Mr. James Roemer, City Attorney, spoke on
behalf of the Mayor and stated that the kind of work done by the Council and Mayor puts that
individual into the position where there is a great deal of pressure. He stated that the Mayor
puts in many hours a day for the city, and the last time a raise was received was in 1969 when the
Mayor's salary was set at $25,000. He referred to the salaries of those persons in public educa-
tion which were a great deal higher than the salary of the head of the executive branch of
government.
Mr. Leo Wallisch, 446 LaPorte Avenue, indicated that he was speaking of realism when he referred
to the proposed salary of $30,000 for the Mayor and the increments until 1979. He stated that
the Mayor had two secretaries, a controller and other cabinet heads. He felt that the recommenda-
tion of the Civic Planning Association should be followed, and he commended the Council and Clerk
for their work in the past. Mrs. Irene K. Gammon, City Clerk, spoke briefly on a justification of
her proposed salary. She indicated that the work load in the office had increased tremendously
because of the active Council and administration. She indicated that two of her employees work
with traffic violations while her two deputies handled regular business in the office as well as
work for the Council. She indicated that the salary had been cut in 1971 because the city court
records were taken from the office; however, traffic violations were still being done in her
office. Mrs. Frederick Mutzl of the Fair Tax Association, stated that the association was aware o
the responsibility of the elected offices. She mentioned the cost per year of the Mayor's car at
$1,680 and travel expense of approximately $1,500. She wondered if the salaries should be raised
with a three -year built -in raise. She stated that the country was faced with the problem of
inflation, and she felt the Council was putting an inflationary raise in the ordinance. She
wondered if something could be written into the ordinance that the tax rate would not be raised in
the four -year period. Council President Parent indicated that, in the social security programs,
the individuals on fixed incomes were given built -in raises. Mrs. Mutzl wondered why the raises
would be effective in 1976 rather than 1977. She wondered if this was fair as someone new could b
coming into office and starting out with the raise being effective the first year. She indicated
that, when a person runs for office, the amount of salary is known and the duties of the office
should be known to them. Councilman Serge talked about the increase in the salary of Mayor Allen
during his administration and the increase in the tax rate. He indicated that the city's tax rate
at this time was frozen and could not be raised. Councilman Kopczynski stated that he believed
the Council should be compensated for time lost on regular jobs. He felt only the rich and elite
would be able to run for office if this compensation was not given. He st -tted that it cost him
$5,000 a year to be a councilman. He felt he had saved the city money during his term of office.
He stated that, when he ran for office, the amount of time needed for federal programs was not
known, and during the last three years, a considerable amount of time had been spent on federal
revenue sharing programs alone. He stated that the position and job of the councilman has totally
changed since the present Council took office. He also felt that none of the councilmen had
shirked the responsibility of the office, and he stated that he had no qualms about the amount of
raise the councilmen were asking for He felt good candidates should be found by the civic
organizations in the community to run for public office in the future. He felt that some of the
recommendations made by civic organizations were made before the full facts were known, and he
referred to the letter received by the councilmen from the Civic Planning Association concerning
the proposed salaries. Mrs. Mutzl indicated that she appreciated the amount of work the Council
had done for the city and the problems which faced the Council. She felt the federal programs
were creating problems for the cities. Councilman Kopczynski indicated that the Council had no
control over the federal programs and the city administration and Council should seek its fair
share back to the community from the federal government in return for federal income taxes taken
by the government from the citizens. Councilman Szymkowiak stated that he ran for office because
he felt the people in his district needed help, and he felt there was no amount of money that coul
be paid for the amount of knowledge given the councilmen. He felt the employees should be given a
fair wage, but when an individual ran for office, he knew the amount of salary beforehand. He
felt services should be given to the citizens and the present salaries should be maintained. He
wondered how the city could afford to raise the salaries. A resident of 230 Birdsell felt that an
increase of 10 would be reasonable to take care of the officials' expenses. Mr. Gene Evans,
Executive Secretary of the Civic Planning Association, read into the record the following stateme
of the association dated January 24, 1975:
Committee of the Whole
South Bend Common Council
Mr. Odell Newburn, Chairman
City of South Bend, Indiana
Mr. Newburn and Gentlemen:
January 24, 1975
The proposed salary ordinance for elected city officials for the term beginning
January 1, 1976, has been reviewed by the Board of Directors of the South Bend Civic
Planning Association. We would like to submit these observations and recommendations.
REGULAR MEETING JANUARY 27 1975
COMMITTEE OF THE WHOLE MEETING (CONTINUED)
For the year 1975 the city administration and the Common Council agreed to a
10% raise for city employees earning less than $8,000 and $800 for those employees
above $8,000. It is our recommendation that these same guidelines be applied, over
the four -year terms, for elected city officials.
The salaries established under these guidelines would be as follows:
Office
1975
1976
1977
1978
1979
Mayor
$25,000
$25,800
$26,600
$27,400
$28,200
City Clerk
9,500
10,300
11,100
11,900
12,700
Councilman
3,600
3,960
4,360
4,800
5,280
As we recall the rationale for granting the raise to city employees was primarily
based on the need created by the increased cost of living, and funds for merit increases
were generally not available. We believe it only fair that the same level of cost of
living increases be extended to employees and officials alike.
Thank you for your consideration.
Respectfully submitted,
SOUTH BEND CIVIC PLANNING ASSOCIATION
s/ Gene Evans, Executive Secretary
He indicated that there was an educational requirement needed for a position in the educational
field, in reference to Mr. Roemer's remark about an increase for the Mayor. He felt the Civic
Planning Association knew very well the responsibilities of the public offices. Chairman Newburn
indicated that a vast amount of work was being done by the elected officials; however, he could
not vote in favor of the increase in salaries because of the economic condition of the country and
the unemployment rate. Councilman Kopczynski wondered about the criteria used by the Civic
Planning Association in arriving at the salaries it proposed. Mr. Evans indicated that the
present salary was taken and applied to that was a yearly increment based upon the increase given
to the city employees. Councilman Kopczynski indicated that a few positions within the general
city employees' ordinance were re- evaluated and adjusted upwards. He indicated that an adjustment
was also needed in the officials' salaries. He stated that he did not agree with the figures
proposed by the Civic Planning Association because he felt the association had not evaluated the
whole picture. Councilman Nemeth felt that many, if not all, councilmen were deserving of an
increase in salary. He urged that the councilmen, however, take into consideration the serious
economic problems which faced the community. He recommended that the Council reduce the salaries.
He made a motion to reduce the salary of the Mayor to $25,000 in 1976, $26,500 in 1977, $28,000 in
1978, and $29,500 in 1979. Councilman Szymkowiak seconded the motion. Council President Parent
indicated that none of the councilmen were in office because of the salary. He felt that each man
had his own ideas of the kind of community he wanted the citizens to live in. He felt an individue
was restricted from running for councilmanic office because of the low salary. Chairman Newburn
asked for a roll call vote on Councilman Nemeth's motion. The motion was defeated by a roll call
vote of seven nays (Councilmen Serge, Miller, Taylor, Kopczynski, Horvath, Newburn and Parent) and
two ayes (Councilmen Szymkowiak and Nemeth).
Councilman Kopczynski then made a motion that the ordinance be recommended favorably to the Common
Council, seconded by Councilman Horvath. Chairman Newburn asked for a roll call vote on the
motion. The motion was defeated by a roll call vote of five nays (Councilmen Szymkowiak, Miller,
Taylor, Nemeth and Newburn) and four ayes (Councilmen Serge, Kopczynski, Horvath and Parent).
Councilman Taylor then made a motion to amend the ordinance as follows:
Amend salary of Mayor to $29,000 in 1976 with $1,500 increments per year.
Amend salary of City Clerk to $11,500 in 1976 with $500 increments per year.
Amend salary for members of the Council to $5,500 in 1976 with $500 increments per year.
Council President Parent seconded the motion. He indicated that he felt the proposal was very
reasonable. Chairman Newburn again requested a roll call vote on the motion. The motion carried
by a roll call vote of six ayes (Councilmen Serge, Miller, Taylor, Kopczynski, Horvath and Parent)
and three nays (Councilmen Szymkowiak, Nemeth and Newburn). Councilman Miller.-then made a motion
that the ordinance be recommended favorably, as amended, to the Common Council, seconded by
Councilman Taylor. The motion carried.
Councilman Miller made a motion to recess, seconded by Councilman Taylor. The motion carried,
and the Committee of the Whole recessed at 9:50 p.m. Reconvened at 10:05 p.m.
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 Horvath. The motion
carried.
ATTEST:`
CITY CLERK
REGULAR MEETING — RECONVENED
ATTE
;y"411iui��
Be it remembered that the regular meeting of the Common Council of the City of South Bend, Indiana
reconvened in the Council Chambers at 10:06 p.m., Council President Parent presiding and nine mem-
bers present.
REPORT FROM THE SUB - COMMITTEE ON MINUTES
To the Common Council of the City of South Bend:
Your sub - committee on the inspection and supervision of the minutes would
respectfully report that it has inspected the minutes of the January 13, 1975,
REGULAR MEETING JANUARY 27, 1975
MEETING - RECONVENED (CONTINUED)
ORT FROM THE SUB - COMMITTEE ON MINUTES (CONTINUED)
regular meeting of the Council and found them correct. They, therefore, recommend
that the same be approved.
s/ Roger 0. Parent
ouncilman Taylor made a motion that the report be accepted as read and placed on file and the
inutes be approved, seconded by Councilman Horvath. The motion carried.
]PORT FROM THE COMMITTEE OF THE WHOLE
Councilman Newburn 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, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent).
REPORTS FROM AREA PLAN COMMISSION
The Honorable Common Council
City of South Bend
County -City Building
South Bend, Indiana 46601
January 22, 1975
In Re: A proposed ordinance and site development plan of Robert and Dorothy Allen
to zone.from "A" Residential, "A" Height and Area, to "C -2" Commercial, "B"
Height and Area, property located on the west side of Miami south of Ireland.
Gentlemen:
The attached rezoning petition of Robert and Dorothy Allen was legally
advertised January 11 and January 18, 1975. The Area Plan Commission gave it a
public hearing January 21, 1975, at which time the following action was taken:
"Upon a motion by Ted Sharp being seconded by Russell Rothermel and
carried unanimously, the petition of Robert and Dorothy Allen to zone
from "A" Residential, "A" Height and Area, to "C -2" Commercial, "B"
Height and Area, is returned to the Common Council with a favorable
recommendation from the Area Plan Commission, subject to a final site
plan, the half right -of -way on Miami being forty feet, and to the
development being on city sewer and water."
The above recommendation is made subject to a final site plan and the pre-
liminary 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. Attached
for your consideration in the review of this matter is the Area Plan Commission staff
report.
Very truly yours,
s/ Richard S. Johnson
RSJ:lari Executive Director
cc: Robert Allen
Bruce Stewart
Mathews- Purucker- Anella, Inc.
ouncilman Nemeth made a motion to set the ordinance referred to in the report for public hearing
nd second reading on February 10, 1975, seconded by Councilman Taylor. The motion carried.
The Honorable Common Council
City of South Bend
County -City Building
South Bend, Indiana 46601
January 22, 1975
In Re: A proposed ordinance and site development plan of Tower Federal Savings
and Loan Association and Monica Peak to zone from "R" Residential, "A"
Height and Area, to 11C -1" Commercial, "B" Height and Area, property
located at 1031 Widener Lane.
Gentlemen:
The attached rezoning petition of Tower Federal Savings and Loan Association
and Monica Peak was legally advertised January 11 and January 18, 1975. The Area Plan
Commission gave it a public hearing January 21, 1975, at which time the following action
was taken:
"Upon a motion by Robert Lehman, being seconded by Rollin Farrand
and carried with John Peddycord voting "No ", the petition of Tower
Federal Savings and Loan Association and Monica Peak to zone from "R"
Residential, "A" Height and Area, to "C -1" Commercial, "B" Height and
Area, is returned to the Common Council with a favorable recommendation
from the Area Plan Commission, subject to the half right -of -way on
Miami being forty feet and to the development being on city sewer and
water."
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
REGULAR MEETING JANUARY 27 1975
REGULAR MEETING - RECONVENED (CONTINUED)
REPORTS FROM AREA PLAN COMMISSION (CONTINUED)
will be forwarded to you at a later date to be made a part of this report. Attached
for your consideration in the review of this matter is the Area Plan Commission staff
report.
RSJ:lari
cc: Louis Chapleau
Monica Peak
Very truly yours,
s/ Richard S. Johnson
Executive Director
Councilman Nemeth made a motion to set the ordinance referred to in the report for public hearing
and second reading on February 10, 1975, seconded by Councilman Taylor. The motion carried.
REPORT FROM THE DIRECTOR OF THE DEPARTMENT OF ADMINISTRATION AND FINANCE
Council President Parent indicated that Mr. James Barcome, Director of the Department of
Administration and Finance, had submitted a written report to the Council members. It was indicat(
that a copy had been filed with the City Clerk. Council President Parent asked that copies be
made available for the press. Councilman Miller asked Mr. Barcome about the publication of the
Controller's report. Mr. Barcome stated that a monthly report was prepared and total receipts
and expenditures were listed. Councilman Miller wondered if a breakdown, rather than just balance!
was included in that report. Mr. Barcome indicated that the State Board of Accounts requires
details such as in the Motor Vehicle Highway Account. Councilman Kopczynski wondered about the
print -out for the end of 1974, and Mr. Barcome indicated that the print -out would be completed
within the next few days. Councilman Nemeth asked if the city was setting up a reserve account
according to the National Labor Standards Act. Mr. Barcome stated that he felt nothing could
happen until 1977 regarding the decision, and no funds have been set aside. He stated that he had
available a report of the actual figures which would affect the city.
PETITION TO AMEND ZONING ORDINANCE (property located between Dunham Street and the New Jersey,
Indiana and Illinois Railroad tracks and one -half block east of Olive Street)
We, the undersigned, do hereby respectfully make application and petition the
Common Council of the City of South Bend, Indiana, to amend the Zoning Ordinance of
the City of South Bend, as hereinafter requested, and in support of this application,
the following facts are shown:
1. The property sought to be rezoned is located between Dunham Street and
the New Jersey, Indiana and Illinois Railroad tracks and one -half block
east of Olive Street.
2. The property is owned by:
Albert G. and Sara J. Mickelson, et al
21340 Kern Road, South Bend, Indiana
Richard Heim
1123 E. Bronson Street, South Bend, Indiana
Rachel Sawyer
P. O. Box 319, Rochester, Indiana 46975
Ladislaus Wreczorek
925 Adams Street, South Bend, Indiana
Sylvester Kolber
805 S. Phillipa Street, South Bend, Indiana
Stanley Ciesielski
801 Phillipa Street, South Bend, Indiana
3. A legal description of the property is as follows:
A part of the Southeast Quarter of Section 10, Township 37 North,
Range 2 East, and being more particularly described as follows:
All of Lots Numbered 108, 109, 110, 111, 142, 143, 144, 145, 146,
147, 148, 149, 150 and 151, all as shown on the Recorded Plat of
Realty and Construction Company's Second Addition to the City of
South Bend, in St. Joseph County, Indiana;
MAN
Two vacated alleys located in the Southeast Quarter of Section 10,
Township 37 North, Range 2 East and being more particularly described
as follows:
A north -south fourteen (141) foot vacated alley running south
approximately thirty (301) feet from the south right -of -way line
of Dunham Street to the north right -of -way line of the New Jersey,
Indiana and Illinois Railroad; and a vacated fourteen (141) foot
alley running northeasterly approximately one hundred forty (1401)
feet, from the east right -of -way line of Carlisle Street, parallel
with the New Jersey, Indiana and Illinois Railroad right -of -way to
the aforesaid vacated north -south alley; being all included in the
Recorded Plat of Realty and Construction Company's Second Addition
to the City of South Bend, Indiana, in St. Joseph County, Indiana;
REGULAR MEETING JANUARY 27, 1975
REGULAR MEETING - RECONVENED (CONTINUED)
TITION TO AMEND ZONING ORDINANCE (CONTINUED)
AND
A parcel of land located in the Southeast Quarter of Section 10, Township 37
North, Range 2 East and being more particularly described as follows:
Beginning at the intersection of the south right -of -way line of Dunham
Street and the north right -of -way line of the New Jersey, Indiana and
Illinois Railroad; thence southwest along said railroad right -of -way
approximately eighty (80') feet to the east right -of -way line of a
vacated north -south alley; thence north along said vacated alley right -
of -way line approximately thirty (30') feet to the south right -of -way
line of Dunham Street; thence east along said south line of Dunham
Street approximately seventy -five (751) feet to the place of
beginning, in the Recorded Plat of Realty Construction Company's
Second Addition to the City of South Bend, all being located in St.
Joseph County, Indiana.
4. It is desired and requested that the foregoing property be rezoned from
"E" Heavy Industrial Use, and "F" Height and Area District, to "D" Light
Industrial Use and "F" Height and Area District.
5. It is proposed that the use of the property will remain as it is used now
and that any re -use will be for light industry.
6. Number of off - street parking spaces to be provided
7. Attached is a copy of: (a) an existing plot plan showing subject property
and other surrounding properties; and (b) the names and addresses of all the
individuals, firms or corporations owning property within 300 feet of the
property sought to be rezoned.
Petition Prepared By:
Area Plan Commission
Councilman Kopczynski made a motion to refer the
petitions containing the signatures of property
sented to the City Clerk. Councilman Szymkowiak
ORDINANCES, SECOND READING
ORDINANCE NO. 5795 -75
s/ Walter T. Kopczynski
Signature of Petitioner
832 South Greenview Avenue
petition to the Area Plan Commission, along with
owners in the immediate vicinity, which he pre -
seconded the motion. The motion carried.
AN ORDINANCE FOR AN ADDITIONAL APPROPRIA-
TION IN THE AMOUNT OF $6,000.00 FROM THE
CUMULATIVE CAPITAL IMPROVEMENT FUND, IN
OBLIGATED SURPLUS, TO ACCOUNT NO. 0610.0,
"INTEREST ON BONDS AND NOTES ", AN ACCOUNT
WITHIN THE CUMULATIVE CAPITAL IMPROVEMENT
BUDGET OF THE CIVIL CITY OF SOUTH BEND,
INDIANA.
This ordinance 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, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent).
ORDINANCE NO. 5796 -75 AN ORDINANCE APPROPRIATING THE SUM OF
$172,000.00 FROM THE FEDERAL ASSISTANCE
GRANT FUND TO ACCOUNT NO. 260.1, "ARCHITECT
AND CONSTRUCTION MANAGEMENT FEES AND
EXPENSES ", AN ACCOUNT WITHIN THE NEW
FEDERAL ASSISTANCE PROGRAM F.A. 75, "CIVIC
CENTER CONSTRUCTION ", TO BE ADMINISTERED
BY THE DEPARTMENT OF PUBLIC WORKS OF THE
CITY OF SOUTH BEND, INDIANA.
This ordinance had second reading. Councilman Serge 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, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent).
ORDINANCE NO. 5797 -75 AN ORDINANCE APPROPRIATING $50,000.00
FROM THE FEDERAL ASSISTANCE GRANT
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 second reading. Councilman Miller made a motion to amend the ordinance as
amended in the Committee of the Whole, seconded by Councilman Taylor. The motion carried.
Councilman Serge then made a motion to pass the ordinance, as amended, seconded by Councilman
Miller. The ordinance passed by a roll call vote of seven ayes (Councilmen Serge, Szymkowiak,
Miller, Taylor, Kopczynski, Nemeth and Newburn), one nay (Councilman Horvath) and one abstention
(Council President Parent).
REGULAR MEETING JANUARY 27 1975
REGULAR MEETING - RECONVENED (CONTINUED)
ORDINANCE NO. 5798 -75 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 second reading. Councilman Miller made a motion to amend the ordinance as
amended in the Committee of the Whole, seconded by Councilman Serge. The motion carried.
Councilman Serge then made a motion to pass the ordinance, as amended, seconded by Councilman
Miller. The ordinance passed by a roll call vote of six ayes (Councilmen Serge, Miller, Taylor,
Kopczynski, Horvath and Parent) and three nays (Councilmen Szymkowiak, Nemeth and Newburn).
RESOLUTIONS
RESOLUTION NO. 470 -75 A RESOLUTION FINDING AND ADJUDGING THAT
THE FINANCING OF FACILITIES FOR ATTCO
MACHINE PRODUCTS, INC., BY THE ISSUANCE
BY THE CITY OF SOUTH BEND, INDIANA, OF
ITS ECONOMIC DEVELOPMENT REVENUE BONDS
PERTAINING TO SUCH FACILITIES FOR SUCH
ENTITY WILL BE OF BENEFIT TO THE HEALTH
OR WELFARE OF THIS MUNICIPALITY, AND
APPROVING THE FINANCING THEREFOR.
WHEREAS, the Common Council of the City of
created the South Bend Development Commission, h,
pursuant to the provisions of the Public Law No.
of Indiana for 1973, as such may be amended from
limited to IC 18- 6 -4.5 -2 through IC 18- 6- 4.5 -28,
and
South Bend, Indiana, heretofore has
Breinafter referred to as "Commission ",
182 of the Acts of the General Assembly
time to time, including but not
hereinafter referred to as the "Act ";
WHEREAS, Attco Machine Products, Inc. has filed an application with the Commission
to finance the acquisition of real estate and the construction thereon of an industrial
and commercial building (facilities) which will constitute economic development
facilities resulting in a substantial number of new jobs as well as other benefits; and
WHEREAS, in connection therewith the Commission has prepared and placed on file a
report containing the subject matter as specified in Section 16 of IC -1973, 18 -6 -4.5 and
has forwarded copies thereof to the Chairman of the Area Plan Commission and to the
Superintendent of the School Corporation in the area of which the facilities will be
located, and has timely received favorable reports from each of them; and
WHEREAS, the Commission held a public hearing on the proposed financing of such
facilities on December 27, 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 Attco Machine Products, 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 Attco Machine Products, Inc., under the Act be
and the same is hereby approved.
Section 2. This resolution shall be in full force and effect from and after its
passage by the Common Council and approval by the Mayor.
s/ Walter T. Kopczynski
Councilman
A public hearing was held on the resolution at this time. Mr. Kenneth Fedder, Attorney for the
South Bend Development Commission, indicated that the commission had met on December 27, 1974,
and found that the proposed financing complied with the act. He stated that Mr. Richard Morgan,
Attorney for Attco Machine Products, was present, along with Mr. Alfonse Verwilst, Jr., President,
and Mr. Theodore Schafer, Secretary- Treasurer. Mr. Morgan indicated that the firm was located in
Mishawaka and would relocate to the Airport Industrial Park. He stated that the construction woul,
begin contingent upon the financing, within one month to six weeks. The amount of the bond was
$325,000 at an interest rate of 7 3/4o annually. The annual payroll was anticipated at $315,000
and 30 persons would be employed. At the start, 8 new employees would be added and, within one
year, 18 more employees would be added. Mr. Verwilst indicated that the firm manufactured air-
craft and missle components.
Councilman Nemeth made a motion to adopt the resolution, seconded by Councilman Newburn. The
resolution was adopted by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller,
Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent).
REGULAR MEETING JANUARY 27 1975
REGULAR MEETING - RECONVENED (CONTINUED)
RESOLUTION NO. 471 -75
A RESOLUTION FINDING AND ADJUDGING THAT
THE FINANCING OF FACILITIES FOR DEZKAP
THEATRE CORPORATION, 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 18- 6- 4.5 -28, hereinafter referred to as the
"Act "; and
WHEREAS, Dezkap Theatre Corporation has filed an application with the Commission
to finance the remodeling and renovating of an existing facility which will constitute
economic development facilities resulting in 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 29, 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 complied 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 Dezkap Theatre Corporation 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. That such financing for Dezkap Theatre Corporation, an Indiana
corporation, under the Act be and the same is hereby approved.
Section 2. That 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 on the resolution at this time. Mr. Kenneth Fedder, Attorney for the
South Bend Development Commission, indicated that the issue involved the Avon Theatre on Michigan
Street. He introduced Mr. Richard McDonald, Attorney for the firm, and he explained that the
commission had met on November 29, 1974, and approved the financing. Mr. McDonald stated that the
issue would be financed by the National Bank and Trust Company. The overall purpose would be to
remodel the front of the theatre in order to beautify it. He stated that the floor rental areas
north and south of the theatre extrance would also be remodeled. Certain safety features and new
theatre seats would be installed. He stated that approximately 10 new employees would be added
based on the projected sales volume and need of the enterprise. The amount of the bond was
$125,000.
Councilman Nemeth made a motion to adopt the resolution, seconded by Councilman Szymkowiak. The
resolution was adopted by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller,
Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent).
ORDINANCES, FIRST READING
ORDINANCE NO. 5799 -75 AN ORDINANCE APPROVING THE FORM AND
TERMS OF LEASE AND TRUST INDENTURE AND
INDUSTRIAL DEVELOPMENT REVENUE BONDS,
.AND AUTHORIZING THE EXECUTION THEREOF
PERTAINING TO ATTCO MACHINE PRODUCTS,
INC.
This ordinance had first reading. Councilman Newburn made a motion to suspend the rules and take
action on the ordinance, seconded by Councilman Szymkowiak. The motion carried by a roll call vot(
of nine ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Nemeth, Newburn
and Parent). The ordinance then had second reading. Councilman Newburn made a motion to pass the
ordinance, seconded by Councilman Horvath. The ordinance passed by a roll call vote of nine ayes
(Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent).
REGULAR MEETING JANUARY 27, 1975
REGULAR MEETING - RECONVENED (CONTINUED)
ORDINANCE NO. 5800 -75
AN ORDINANCE APPROVING THE FORM AND TERMS
OF LEASE AND TRUST INDENTURE AND INDUSTRIAL
DEVELOPMENT REVENUE BONDS AND AUTHORIZING
THE EXECUTION THEREOF PERTAINING TO DEZKAP
THEATRE CORPORATION.
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, Taylor, Kopczynski, Horvath, Nemeth, Newburn
and Parent). The ordinance then had second reading. Councilman Horvath 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, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent).
ORDINANCE NO. 5801 -75
AN ORDINANCE OF THE CITY OF SOUTH BEND
AUTHORIZING THE CONSTRUCTION AND
FINANCING OF ADDITIONAL INDUSTRIAL
FACILITIES, THE ISSUANCE AND SALE OF A
REVENUE BOND TO PAY THE COST THEREOF, AND
THE LEASING OF SUCH FACILITIES TO
METALSTAMP, INC., AND OTHER MATTERS
RELATING THERETO.
This ordinance had first reading. Councilman Horvath 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, Taylor, Kopczynski, Horvath, Nemeth, Newburn and
Parent). The ordinance then had second reading. Mr. Kenneth Fedder, Attorney for the South Bend
Development Commission, indicated that the application was a re -issue and that the commission had
approved same. He introduced Mr. Robert Klotz, President of Metalstamp, and briefly talked about
the plant expansion. Mr. Klotz indicated that the present location of the company was 24545 State
Road 23. He indicated that the first addition would be expanded and the production area would be
doubled. The total amount of the second bond issue was $450,000. At present, 35 persons were
employed. As soon as the move was accomplished, the second shift would be expanded and, within
one year, 10 additional employees would be added.
Councilman Serge made a motion to pass the ordinance, seconded by Councilman Szymkowiak. The
ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Taylor,
Kopczynski, Horvath, Nemeth, Newburn and Parent).
ORDINANCE NO. 5802 -75
AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 8
OF THE MUNICIPAL CODE OF THE CITY OF SOUTH
BEND, INDIANA, RELATING TO THE PAY PERIOD
FOR ALL OFFICERS AND CITY EMPLOYEES.
This ordinance had first reading. Councilman Miller made a motion to suspend the rules and take
action on the ordinance, seconded by Councilman Newburn. The motion carried by a roll call vote
of nine ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Nemeth, Newburn
and Parent). The ordinance then had second reading. Mrs. Rosemarie Wartha, Administrative
Assistant to the Mayor, residing at 56066 Ritschard, explained that the ordinance would enable t
city employees to be paid every other week rather than twice monthly. This would involve 26 pay
periods instead of 24 pay periods.
Councilman Horvath 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, Taylor,
Kopczynski, Horvath, Nemeth, Newburn and Parent).
ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING
CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH
BEND, INDIANA (property located between
Dunham Street and the New Jersey, Indiana
and Illinois Railroad tracks and one -half
block east of Olive Street).
This ordinance had first reading. Councilman Miller made a motion to refer the ordinance to the
Area Plan Commission, seconded by Councilman Taylor. The motion carried.
ORDINANCE AN ORDINANCE APPROPRIATING $6,631.00 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 Kopczynski made a motion to set the ordinance for
public hearing and second reading on February 10, 1975, seconded by Councilman Horvath. The mot
carried.
ORDINANCE AN ORDINANCE AMENDING CHAPTER 21 OF THE
MUNICIPAL CODE OF THE CITY OF SOUTH BEND
(1) .
This ordinance had first reading. Councilman Nemeth made a motion to refer the ordinance to the
Area Plan Commission, seconded by Councilman Horvath. The motion carried.
ORDINANCE AN ORDINANCE AMENDING CHAPTER 21 OF THE
MUNICIPAL CODE OF THE CITY OF SOUTH BEND
(2) .
This ordinance had first reading. Councilman Nemeth made a motion to refer the ordinance to the
Area Plan Commission, seconded by Councilman Kopczynski. The motion carried.
1_5S
REGULAR MEETING JANUARY 27, 1975
REGULAR MEETING RECONVENED (CONTINUED)
ORDINANCE AN ORDINANCE APPROPRIATING THE SUM OF
$4,100.00 FROM THE GENERAL PARK FUND TO
ACCOUNT #260.0, "OTHER CONTRACTUAL
SERVICES ".
This ordinance had first reading. Councilman Miller made a motion to set the ordinance for public
hearing and second reading on February 10, 1975, seconded by Councilman Taylor. The motion
carried:
ORDINANCE AN ORDINANCE APPROPRIATING THE SUM OF
$61,,804<.51 FROM THE CUMULATIVE SEWER
BUILDING AND SINKING FUND TO THE GENERAL
IMPROVEMENT FUND.
This ordinance had first reading. Councilman Newburn made a motion to set the ordinance for.publi5
hearing and second reading on February 10, 1975, seconded by Councilman Taylor. The motion
carried.
PRIVILEGE OF THE FLOOR
Mrs. Frederick'Mutzl of the Fair Tax Association, referred to Councilman Taylor's remark during
the drug hearing regarding hatred of the 'citizens for the program. She indicated that no one had
indicated that they had a hatred of the program or the drug addicts. She felt that the feeling of
most of the citizens was fear, and she felt it was unfair for Councilman Taylor to say that becaus
the citizens were not even 'given :a chance for rebuttal. Councilman Taylor stated that he had not
meant to offend anyone; however, this was the feeling he had received. Mr. Frederick Mutzl, 320
Parkovash, indicated that he agreed with his wife. He stated that he also disagreed with Councilman
Taylor's statement about the lack of security at the psychiatric wards. He stated that there very
definitely was security. Councilman Taylor stated that, in answer to Mr. Mutzl's last statement,
he would only respond by stating that there was a murder recently committed intone of the wards.
UNFINISHED BUSINESS
Councilman Nemeth brought up the matter of the request of the Park Avenue Neighborhood Association
concerning the rezoning of certain lots located along Portage. He made a motion to refer the
matter to the Area Plan Commission for development of an ordinance to accomplish the rezoning as
requested, seconded by Council President Parent. Mr. Marchmont Kovas, 608 Park Avenue, indicated
that the association now had some reservations concerning the request. He asked that this matter
be held up for the time being. Councilman Nemeth withdrew his motion.
NEW BUSINESS
Councilman Kopczynski indicated that the Redevelopment Department was in the process of being
phased out. He stated that he felt it was only appropriate that the Council find out what was
happening to the Redevelopment Department vehicles, as well as other properties and equipment. He
asked that the administration furnish a report.to the Council concerning the matter. Mrs.
Rosemarie Wartha, Administrative Assistant to the Mayor, indicated that a report was being prepare
for the Council. Council President Parent asked that the City Clerk write a letter to the Mayor
requesting `the ' information. Councilman Kopczynski indicated that there were some city employees
driving the Redevelopment cars which were not assigned to them. He asked if Mrs. Wartha knew who
the cars were being re-assigned to. Mrs. Wartha indicated that she did not have that information;
however, she indicated that some of the vehicles had been re- assigned to city employees. Councilman
Kopczynski stated that he felt the Council .should be kept abreast of this situation.
Council President Parent briefly talked about the needs of the older adults in the community and
the request of REAL Services to provide funds for socia.l_.services to the older adults in South Ben .
Councilman Kopczynski made a motion to establish a special committee on older adults for this
purpose, seconded by Councilman Horvath. The motion carried.
There being no further business to come before the Council, unfinished or new, Councilman Taylor
made a motion to adjourn, seconded by Councilman Horvath. The motion carried, and the meeting
adjourned at 10:55 p.m.
ATTEST: APPROVE
CITY CLERK PRE
++++++++++++++++++++++++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + 74/ ++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++
RRMTT.AT? ML Vrn7rT/n
REGULAR MEETING JANUARY 27f 1975
COMMITTEE OF THE WHOLE MEETING (CONTINUED)
ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPRO-
PRIATION IN THE AMOUNT OF $6,000.00
FROM THE CUMULATIVE CAPITAL IMPROVEMENT
FUND, IN OBLIGATED SURPLUS, TO ACCOUNT
NO. 0610.0, "INTEREST ON BONDS AND
NOTES ", AN ACCOUNT WITHIN THE CUMULATIVE
CAPITAL IMPROVEMENT 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. Richard Hunt, Deputy Controller, made the
presentation for the ordinance. He explained that the appropriation was necessary in order to
meet the city's interest obligations for 1975 for the Bonds of 1965, the Industrial Loan of 1965
and the Flood Control Loan for the dam of 1974. Mr. Gene Evans, Executive Secretary of the Civic
Planning Association, asked if there was a breakdown available of the separate amounts. Mr. Hunt
indicated that the General Obligation Bonds of 1965 totalled $6,093.75, the remaining interest on
the Industrial Loan was $100, and the first loan payment on the Flood Control Loan was $1,000.
Councilman Kopczynski made a motion that the ordinance be recommended favorably to the Common
Council, seconded by Councilman Serge. The motion carried.
ORDINANCE AN ORDINANCE APPROPRIATING THE SUM OF
$172,000.00 FROM THE FEDERAL ASSISTANCE
GRANT FUND TO ACCOUNT NO. 260.1, "ARCHITECT
AND CONSTRUCTION MANAGEMENT FEES AND
EXPENSES ", AN ACCOUNT WITHIN THE NEW
FEDERAL ASSISTANCE PROGRAM F.A. 75,
"CIVIC CENTER CONSTRUCTION ", TO BE
ADMINISTERED BY THE DEPARTMENT OF
PUBLIC WORKS OF THE CITY OF SOUTH BEND,
INDIANA.
This being the time heretofore set for public hearing on the above ordinance, proponents and
opponents were given an opportunity to be heard. Mr. Patrick McMahon, Manager of the Bureau of
Public Construction, made the presentation for the ordinance. He indicated that the ordinance
appropriated funds for the payment of architectural engineering and construction management fees
for the Civic Center during the first quarter of 1975. He stated that the actual payments would
be based on progress payment requests submitted by the architect and the construction manager as
approved by the Civic Center Authority. Councilman Nemeth asked when construction would begin,
and Mr. McMahon stated that construction could be started as early as April; however, it was
recommended to be advisable to wait until legislation concerning bonding was passed.
Councilman Serge made a motion that the ordinance be recommended favorably to the Common Council,
seconded by Council President Parent. The motion carried.
ORDINANCE AN ORDINANCE APPROPRIATING $50,000.00
FROM THE FEDERAL ASSISTANCE GRANT
COMMONLY REFERRED TO AS GENERAL REVENUE
SHARING, FOR VARIOUS HUMAN RESOURCE
PROGRAMS, TO BE ADMINISTERED BY THE
CITY OF SOUTH BEND THROUGH ITS
DEPARTMENT OF HUMAN RESOURCES.
This being the time heretofore set for public hearing on the above ordinance, proponents and
opponents were given an opportunity to be heard. Mr. William Hojnacki, Director of the Departmen
of Human Resources and Economic Development, made the presentation for the ordinance. He explain
that the funds would be used for the purchase of a building to house the residential treatment
center for the Northern Indiana Drug Abuse Services. He stated that no final decision on which
building was to be purchased had been made as yet, but it was hopeful that a decision would be
reached by the end of the week. He indicated that the site relocation committee was "leaning
toward" the purchase of the 420 North Frances Street property, and he again emphasized that no
final decision had been made regarding the site.
Mr. Paul Bognar, 807 West Washington Street, asked that the Council reduce the amount of the
appropriation to $2,000 or $3,000 which could be used as a down payment subject to the approval
and funding of the Council. In this way, the Council could maintain better control and the
citizens would have an opportunity to come before the Council once the location was chosen. Mr.
Leo Wallisch, 446 LaPorte Avenue, referred to an article written by Mrs. Lee Swan concerning the
use of revenue sharing funds for the purchase of a building for the drug abuse program when the
economy was so bad. Mr. Robert Currey, Attorney at Law practicing at 100 West Third Street,
Mishawaka, representing the residents of North Frances Street, indicated that the residents were
opposed to the purchase of the building at 420 North Frances Street for the residential treatment
center. He presented a petition to the City Clerk containing 60 signatures of property owners in
the vicinity opposing the relocation. He stated that, already at this location, there was the
Aurora House which was run by the Mental Health Center as a day treatment center for drug addicts
and the Youth Services Bureau. He talked about increased traffic in the area and the crowding of
the existing parking facilities on Madison and Frances Street. He also felt that the Frances
Street location would not be large enough to accommodate 25 -30 persons in only 14 rooms. He stat
that the drug center was not a popular -type usage for a residential area. He indicated that the
residents had a right to a safe, decent and quiet neighborhood. He stated that the treatment
center was a fine and commendable project, but he questioned the usage in a.residential area. He
referred to the incident at the Lighthouse Center involving "contract killings ". He hoped the
Council would realize that the lives of the citizens would be invaded upon. He stated that perha
the center should be located closer to police facilities in order to give added protection to the
residents. Mrs. Frederick Mutzl of the Fair Tax Association wondered how many persons were
enrolled in Delos House. Dr. J. Rene Wilett, Executive Director of NIDAS, indicated that 18
persons were presently enrolled in the program. Mrs. Mutzl stated that there were 8 people in De
House and 5 persons administering the program. She agreed with Mr. Bognar on his suggestion to
REGULAR MEETING JANUARY 27, 1975
COMMITTEE OF THE WHOLE MEETING (CONTINUED)
approve only a down payment at this time. She wondered why Delos House could not be phased out
since it has received such opposition. She asked if there was any other way to take care of the
problem. Dr. Wilett felt there was no other appropriate treatment than a residential treatment
center and this was essential. He explained that Delos House has four phases, and at present
there were 5 persons in Phase IV on an outpatient basis. There were 11 or 12 persons involved in
the first three phases. He explained that the estimate of 25 persons was based upon what NIDAS
thought was the need for the community. Mrs. Lee Swan, 2022 South Swygart, wondered why the city
was so eager to purchase a building for something which had been referred to as an "experimental
rogram ". Mr. Hojnacki referred to the Metropolitan Drug Abuse Council, and he stated that he
elt the program developed was the most effective program which could be developed with the amount
of money used to operate it. Mrs. Swan wondered if a public hearing would be held in the area
where the site was proposed to be purchased, and Mr. Hojnacki indicated that this would not be
done. He added that there had been considerable publicity on the possible locations for the
center. Mrs. Swan indicated that she remembered reading that a public hearing would be held. She
wondered if the $50,000 would be the total price of the building. Mr. Hojnacki stated that, if
the Council approved the ordinance, the amount of $50,000 could not be exceeded. He was hopeful
that a building could be purchased for much less than that. Mrs. Swan felt the same thing was
happening in the Frances Street location as what happened in the Park Avenue location where the
treatment center was now located. She indicated that the enrollment usually varied from 6 to 10
persons and yet the program was funded for 25 persons. She could not understand this. Mr. Hojnac}
indicated that he had not meant to appear disrespectful to Mrs. Swan's question about public
involvement. He talked about the establishment of the site relocation committee and the survey of
real estate listings which was conducted. Stringent criteria was established for the need, at
which time, 3 to 5 buildings were found suitable. From those 5 buildings, it became apparent that
the Frances Street location was the nearest to the criteria and price range established. He state
that care was taken in the selection process and ample publicity had been given to the issue. He
stated that he would not object to submitting a resolution to the Council on the site relocation
when it was determined. Mrs. Annabelle Brehmer, 609 North Lafayette Boulevard, wondered about the
salaries for the directors in the program. Dr. Wilett stated that the $50,000 appropriation for
the Human Resources Department was being discussed and not the issue of salaries. Chairman Newbur
asked that Dr. Wilett answer the question. Dr. Wilett indicated that the director's salary ranged
from $12,500 to $15,000, the assistant director received $8,500 and the coordinators' salaries
ranged from $6,400 to $7,500. Mrs. Brehmer wondered how many persons were drawing salaries. Dr.
Wilett stated that there were 4 full -time staff members for the 18 persons in the program. Mrs.
Brehmer wondered if this included Dr. Wilett's salary, and Dr. Wilett indicated that it did not.
He stated that presently 111 people were in treatment at the Lighthouse, Aurora House and Delos
House. Mrs. Brehmer asked about Dr. Wilett's salary, and he stated that he received $24,000 a
year in salary. He indicated that he was a clinical psychologist with a Ph.D. and could be earnin
a great deal more money if he was in private practice. Mr. Fred Crimmins, 813 East Miner Street,
talked about the lack of police security in the northeast area and yet the area was being dis-
cussed as a new location for a drug treatment center. He stated that the area also was a "medical
hub" in the city, and he questioned the relocation of the center in that area.
Councilman Taylor talked about a murder in one of the local psychiatric hospitals which had
occurred a few months ago. He felt the public had accepted rehabilitation for mental health probl(
but had a hatred for the drug problem which was part of mental health. He talked about security it
the psychiatric wards, stating that he did not feel there was tight security, and the drug users
at Delos House should not be subjected to tight security or confined. He felt the drug problem wa;
severe and many people were not even aware of its involvement in society. He wondered how the
citizens could accept someone who was psychotic yet not accept the drug users. He wished the
citizens could stop "blasting" the drug program because he felt it was as good or better than any
other program offered elsewhere. Councilman Kopczynski felt the ordinance was not specific enough
and that the ordinance was asking that $50,000 be spent for "a building He felt the Council
should make amendments to the ordinance if it was the wish of the Council to pass it. He stated
that he felt the drug program was a necessity in the community; however, the people were concerned
about the administration of the program and the location of the treatment center. He felt the
matter should perhaps be tabled until the problems could be resolved. He asked which district
councilman had received any requests from citizens in his district to have the program located
there. There was no response. He felt that the feeling was that the program should be located in
some area where it was zoned institutional and there was good security. He, too, referred to the
Lighthouse murder, and the record of persons escaping from Delos House. Councilman Serge asked
about the National Drug Abuse Center in Kentucky and that particular type of program. Dr. Wilett
explained that, between 1939 and 1963, there were two locations in the country in which over
63,000 addicts were sent. He stated that these were institutions, and it proved to be a failure.
In 1963, it was found that there was response in community -based programs, and he indicated that
the recommendations made were also made on the national level. He stressed the importance of a
residential treatment center for rehabilitation. Councilman Serge indicated that he had received
a request from someone on the possible use of another location for the treatment center, and he
stated that he would discuss this with Mr. Hojnacki and Dr. Wilett. Councilman Szymkowiak wonderer
why this was not taken care of on the state level if the program was so worthwhile. He stated that
it was not known how much money would be needed to rehabilitate the proposed building for the
center. He stated that he felt the drug users should be accommodated in the state institutions.
Councilman Miller wondered if the ordinance should be amended to read "real estate" rather than
"building" in Section I. Mr. Walter Lantz, Chief Deputy Controller, indicated that he could see
no problem with the wording of the ordinance because land and buildings could be purchased; however
he did not see any problems in amending the ordinance to read "real estate" either. Councilman
Miller wondered if a legal description was available for the 420 North Frances Street property.
Mr. Hojnacki indicated that he did not have the legal description at the present time. Councilman
Miller wondered if the necessary remodeling could be accomplished before the building was purchase
Mr. Hojnacki stated that some remodeling would have to be done before purchase of the building in
order to be in compliance with the regulations of the State Fire Marshall. He stated that this
could be done within the line item. Councilman Miller wondered if there was an appraisal made on
the property. Mr. Hojnacki indicated that one appraisal had been completed at $42,.000. He stated
that a second appraisal would be ready on Tuesday. Councilman Nemeth asked when the decision woul
be reached on the relocation. Mr. Hojnacki indicated that, hopefully a final decision would be
made by the end of the week. Councilman Nemeth asked about the proposed location, and Mr. Hojnacki
again stated that the final decision had not yet been made. Councilman Nemeth wondered who would
hold the title on the property, and Mr. Hojnacki indicated that the city would. Councilman Nemeth
felt it was difficult to appropriate the funds and,not know where the money was going. He felt th
ordinance was very vague. Councilman Horvath stated that he was in favor of the program; however,
i