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HomeMy WebLinkAbout04-21-75 Council Meeting Minutes+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++ REGULAR MEETING APRIL 21, 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, April 21, 1975, at 7:02 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. REGULAR MEETING APRIL 21, 1975 REGULAR MEETING (CONTINUED) Councilman Kopczynski 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, April 21, 1975, at 7:03 p.m., with nine members present. Chairman Odell Newburn presided. ORDINANCE AN ORDINANCE APPROVING THE FORM AND TERMS OF THE LEASE AGREEMENT AND INDENTURE OF TRUST AND INDUSTRIAL DEVELOPMENT REVENUE BONDS AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO IBS INVESTMENTS, INC. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Kenneth Fedder, Attorney for the South Bend Development Commission, made the presentation for the ordinance. He explained that the firm had an office in Mishawaka and Stevensville and would be coming to South Bend to be located at 2605 South Main Street. He stated that the commission had held a public hearing on February 21, 1975, and had found that the financing was acceptable. He introduced Mr. Kevin Butler, the attorney representing IBS Investments. Mr. Butler indicated that his office was located in the St. Joseph Bank Building. He indicated that the project would consist of the purchase, renovation and equipping of a building located at 2605 South Main Street. The primary user would be Industrial Belting and Supply, Inc. The site would be used as a warehouse and distribution location. He stated that this particular project would provide for the combination of the warehouse and transfe operations. Eight employees would be coming from the Mishawaka plant. Immediately there would be 18 employees and, within the next year, another 10 employees would be hired. He explained that th building measured 17,000 square feet and would be renovated at a cost of $180,000. He introduced Mr. Richard Lowe, Manager of the South Bend location. Mr. Lowe explained that the firm was a sales and fabricating organization dealing with rubber products for users in the northern Indiana and southern Illinois area. Councilman Kopczynski asked if the bonds being requested were approve only by the Council. Mr. Butler indicated that the South Bend Development Commission approves the financing by holding a public hearing. The issue must then come before the Council. Councilman Kopczynski wondered if any of the administrative branches of government approved the bonds. Mr. Butler indicated that the ordinance itself would have to be signed by the Mayor; likewise the bond . lease and trust indenture and mortgage, if any, are issued under the signature of the Mayor and Clerk. Councilman Kopczynski asked if the bonds that had been approved by the Council in the past' were successful, and Mr. Fedder indicated that he felt they were. Councilman Kopczynski asked about the total value of the projects and the bonds issued. Mr. Fedder indicated that he did not have that exact figure available at the present time. He assured the Council that careful study was given each project so that they could be successful. Councilman Kopczynski stated that the Council had approved more bonds than the entire State of Indiana. Mr. Fedder stated that he felt the effort made by the South Bend Development Commission, Chamber of Commerce and Common Council was very successful. Council President Parent thanked Mr. Karl King, President of the commission, for his knowledge and assistance regarding the issuance of the bonds. Mrs. Irene K. Gammon, City Clerk, indicated that her office kept a yearly lis't-of the bond issues approved by the Council. This list contained the name of the firm, location and amount of the bond. Councilman Nemeth indicated that the commission also had prepared a brochure which listed the bond issues. He stated that he had been under the impression that this brochure was to be distributed. It was indicated that the Council members had received a copy of the booklet. Councilman Szymkowiak made a motion that the ordinance be recommended favorably to the Common Council, seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) - northeast corner of Linden Avenue and Clemens Street. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. T. Brooks Brademas, President of First Community Development Corporation, made the presentation for the ordinance. He stated that his primary interest was in the area of community planning development, including housing projects. He indicated that, in the Community Development proposal of the city, there was a suggestion for increased housing for the elderly in the community. The plan that was proposed called for the building of 225 new units, and the remainder of the units would come from existing sources. He felt this was not realistic because there were not existing units suitable for the elderly. He referred to the overlay showing the property in question, and he stated that the Area Plan Commission had conducted its public hearing on the rezoning of the property and had recommended the project favorably to the Common Council. There had been only one dissenting vote of the commission. He felt that, even with the development of Block 6 in the downtown area, his housing project would be feasible. He stated that the 114 one - bedroom units proposed in his project could be erected before the end of the year. The area in question was immediately to the north of the Lafayette School and contained about 122 acres. He stated that there was a complete array of shopping opportunities on Western Avenue, and there were many churches and medical and health facilities in the immediate area. He indicated that the Public Transportation Corporation would run a bus to the area. He talked about the problem of density and the original plan that had bee proposed. He stated that 53 single family homes had been planned; however, the problem of densit was a serious one, and it was decided to change the plan to 114 one - bedroom units. He presented the Common Council an overall plan of the project. He indicated that the density was 9.2 units p acre, and this was very low. He stated that the utility lines in the area, including the drainag basin, would be adequate for the project. He referred to the application under the Community Development Program for the amount of $871,873 to be used for housing. He stated that, utilizing the proposed program of high -rise units in Block 6, the monthly rate per one - bedroom unit would b approximately $249. A total of 350 units could be developed. With the project he was proposing, REGULAR MEETING APRIL 21, 1975 COMMITTEE OF THE WHOLE MEETING (CONTINUED) the monthly rate would be $219; however, a similar development was being planned for the City of Mishawaka, and it was hoped the rental charge for Mishawaka and South Bend would drop to around $200 per month, and 435 units could be developed. He stated that a subsidy of $272,232 would be required with the development of his project. He felt it was conceivable to build his project and also the downtown high -rise complex in Block 6. Mrs. Irene Mutzl, 320 Parkovash, a member of the Fair Tax Association, asked Mr. Brademas for a definition of the word "elderly ". Mr. Brademas indicated that, based on the rules and regulations of the government, the age of the individual would be 62 and over, and handicapped persons would be considered in this category. In terms of the physical layout of the units, the units must be one -story or be contained in a high -rise complex. Also, the halls must be wide enough for wheel chairs, a signal device must be installed in each unit, and bars must be installed in all bathroom; Mrs. Mutzl wondered about a financial stipulation. Mr. Brademas indicated that the program was an "off shoot" from a previous program. The 236 Program provided a mortgage at a rate of 1 %. The difference was then passed on to the eligible tenants. Now, a new program entitled Section 8, was established which provided subsidy funds to subsidize the incomes of the eligible families. The elderly would pay 25% of their income or the figure could go as low as 15% towards meeting their housing needs. All costs with the exception of the telephone charges would be included. Mrs. Mutzl wondered if the project was only for low - income persons. Mr. Brademas stated that any family that could pay the full $200 monthly rental could be admitted and the amount of the supplement depended on the circumstances of the family. Mrs. Mutzl wondered how the figure was arrived at concerning the number of elderly in the community. Mr. Brademas indicated that, from his own experience, there was a long waiting list of elderly citizens looking for adequate housing. Ms. Marzy Bauer, Planner for the Community Development Department, indicated that the number of elderly families was derived from figures given by the Department of Housing and Urban Development, based c the 1970 census figures. Mrs. Mutzl wondered about the possibility of building more buildings in the future on the project sote. She stated that, as the project was planned at this time, only two acres of the land would be used for the buildings, and the total area was over 12 acres. Mr. Brademas stated that he could not deviate from the final site plan once it was approved unless he came back to the Area Plan Commission for approval. He indicated that for at least a 40 -year period, there could be no changes because of the mortgage requirements. Mrs. Jane Swan, 2022 South Swygart Avenue, expressed concern with the Area Plan Commission staff report which she felt was not too favorable to the rezoning. She referred to the remarks made by Mr. Rollin Farrand, Director of the Department of Public Works, at the Area Plan Commission hearing. She indicated that the staff report raised the following points: the project had the potential to raise the traffic volumes for Linden Avenue; the density of the project was much higher than the existing single- family areas surrounding the project; Harbor Drive should not be dead ended at the project boundary, and if it was continued to Linden Avenue, it should be lined up and intersect with Bellewood Street or be offset by 125 feet; and finally, the northwest corner of the project had approximately 60 units served by only one access point. She also brought up the fact that the Lafayette School was in close proximity to the project. She wondered if the school children might create a problem for the elderly. Mr. Brademas indicated that the Area Plan Commission had recommended the project favorably to the Common Council with the following recommendations: that Harbor Drive be continued through the project as a public street; that it intersect with Linden Avenue at Bellewood Street or be offset a minimum of 125 feet from Bellewood; and that the north- west corner of the project have an additional access onto Clemens Street. He indicated that the recommendations had been agreed to; however, he wanted to give further consideration to the problem of additional access onto Clemens Street. Concerning the surrounding residential area, he felt the 12 -acre tract could stand on its own. He indicated that many multiple - family projects are bordered by single - family residential areas. Mrs. Swan wondered about the construction of the facility across the street from the Lafayette School. Mr. Brademas talked about integration of families and ages within developments. He felt that segregating the elderly facility was not a good idea. He indicated that those elderly who might object to the nearness of the school children could rent apartments at the rear of the facility. He felt the project could accommodate the wishe of the elderly. Mrs. Swan stated that 75% of the subsidized housing was west of Michigan Street, with the inclusion of the proposed project. She again talked about the problems she felt might be created in the area by the many school children. Mr. Brademas agreed that housing should be scattered throughout the city, and he would be willing to work on this project even though it was a difficult task. He indicated that the timing factor was important because of the building season, and he stated that this particular project had been referred to the Area Plan Commission in January and only now was the Council conducting its public hearing. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, asked about the commitment of future funds that the city might want to use, and Mr. Brademas indicated that the Section 8 Program allocates funds for housing only. Mr. Evans wondered if the developer would be applying to the city for assistance for the renters who could not pay the full amount. Mr. Brademas indicated that the funds could be made available only for the benefit of the eligible tenants. Mr. James Holloway, 4410 West Western Avenue, asked who the developer of the project was, and Mr. Brademas indicated that he was. Mr. Holloway wondered if First Community Development Corporation would be the developer, and Mr. Bradem indicated that he was associated with the corporation but he would be the developer of the project. Mr. Holloway talked about the apartment complex he was living in called the Western Manor Apartments. He stated that this complex had been developed by First Community Development Corporation. He stated that this project was also subsidized and there were many problems with abandoned cars parked in the lots, etc. Mr. Brademas indicated that the Western Manor complex was unique because "he had had the guts to do something that no other developer would do ". He stated that he had been approached to lease units in the project to the local Housing Authority. He indicated that some of the low- income families were problem families, and he had had no control over the situation because it had been under the jurisdiction of the Housing Authority. He hoped that this summer, however, a major renovation could take place and some of the problems could be taken care of. Mr. Holloway pointed out that the proposed project on Linden and Clemens was also in the area of the Washington High School, in addition to the Lafayette Grade School. He stated that he had read an article in the South Bend'Tribune about the Western Manor Apartments going broke. He wondered if this was true. Mr. Brademas indicated that Mr. Holloway had not read that. Councilman Szymkowiak wondered about security for the complex. Mr. Brademas indicated that a fence and a screen planting was planned; however, a fence around the project was not proposed. He stated that each of the units would have an emergency buzzer system if assistance was needed by any of the tenants. Councilman Szymkowiak felt a fence around the entire project was needed for security purposes. He indicated that Mr. Brademas had previously told him that such a fence would be installed. He indicated that he had a witness to that conversation. Mr. Brademas indicated that, REGULAR MEETING APRIL 21, 1975 COMMITTEE OF THE WHOLE MEETING (CONTINUED) if he had stated that, he had been referring to a screen planting of bushes and trees. Councilmar. Szymkowiak indicated that he would only vote in favor of the project if adequate security could be afforded to the residents, such as a fence around the property. He wondered about the yard work required, and asked if assistance would be provided for the elderly. Mr. Brademas indicated that he would be responsible for lawn upkeep, the plowing of gardens and removing snow. Councilman Kopczynski requested that Ms. Bauer of Community Development supply to him in writing, the housing needs of South Bend and what this information was based on. He asked that specifics be given such as composition of the family units, age of occupants, etc. He asked that the City Clerk send a letter requesting this information. Ms. Bauer indicated that the application approved at the last Council meeting concerning the housing proposal in the Community Development. Program contained the statistics Councilman Kopczynski was looking for. She indicated that she would supply that infor- mation. Councilman Kopczynski wondered if the building was fire - proofed. Mr. Brademas indicated that certain regulations were required concerning this, such as the installation of dry wall with a two -hour fire rating. Councilman Kopczynski wondered how much the project would impose on the inadequate fire protection provided in the area. He indicated that he had requested certain in- formation from the Fire Chief concerning the fire protection, and he had never received it. Mr. Brademas indicated that he could not comment on the fire protection offered by the city. Counciln Kopczynski indicated that the Fire Chief was not in attendance at the - meeting. He wondered if Mr. William Hojnacki, Director of the Department of Human Resources and Economic Development, could comment on his statement. Mr. Hojnacki indicated that the city had excellent fire protection on the west side. Councilman Kopczynski asked Mr. Hojnacki what he was basing his statement on. Mr. Hojnacki replied by stating that this was based on the studies done by the Fire Chief. Councilmar. Kopczynski again stated that he had requested this information of the Fire Chief and had never received it. He felt the administration should cooperate and furnish the studies that Mr. HojnacR had referred to. He asked the City Clerk to send a letter to Fire Chief Bland. Councilman Kopczynski indicated that he wanted to see the study in print as he was in the habit of getting everything in writing. He stated that he based his statements on facts that were printed, and he did not like opinions that were not based on facts as they only fooled the public. He stated that most of the top offices in the administration had changed at least once in the past three years, and he felt this was one of the reasons why it was so difficult to try and obtain the information he requested. He indicated that perhaps for this reason, approval of the rezoning project was taking so long as Mr. Brademas had indicated. Mr. Brademas indicated that he had been referring to the procedures regarding the zoning changes, and the amount of time needed to rezone any parti- cular piece of property. Council President Parent made a motion to amend the ordinance and accompanying site plan to inclu the condition that Harbor Drive be continued through the project as a public street and that Harbor Drive intersect with Linden Avenue at Bellewood Street. Councilman Horvath seconded the motion. Councilman Miller stated that any amendment to zoning ordinances would require a return to the Area Plan Commission. He indicated that this would cause still another delay on final approval of the rezoning. He stated that the city was lacking in adequate housing for the elderl and he felt there should be no more delays. Council President Parent felt that, because the Area Plan Commission had recommended Harbor Drive be continued and it intersect with Linden Avenue at Bellewood, there would be no reason to return the amended ordinance to the commission. He indicated that his motion merely contained the Area Plan Commission's recommendations. He expressed support of the project proposed by Mr. Brademas. Councilman Nemeth asked Mr. Brademas his thoughts concerning the proposed amendment. Mr. Brademas indicated that the recommendations of the Area Plan Commission were reasonable requests as farces the continuation of Harbor Drive and its intersection with Linden. Councilman Nemeth suggested that the City Attorney prepare the necessary wording of the amendment and perhaps the proposed amendment could be taken care of in the second reading portion of the meeting when the Council would take final action on the ordinan Councilman Szymkowiak recommended that the amendment include the construction of a fence for security reasons. He asked for such an amendment; however, there was no second. Councilman Tayl asked that the City Attorney clarify the question of whether or not the ordinance, if amended, ha to be returned to the Area Plan Commission. Mr. James Roemer, City Attorney, felt that, in view of the fact that the Area Plan Commission had recommended the changes, it would not be necessary refer the matter back to the commission. Councilman Serge indicated that he agreed with the City Attorney. Councilman Kopczynski wondered about the crime rate in the area and the need for the fencing as suggested by Councilman Szymkowiak. Mr. Michael Carrington, Public Safety Director, indicated that the area in question was not one of the highest areas of crime. Councilman Kopczynski stated that he felt the crime rate in that area was accelerating. There was a call fo the question by Council President Parent. The motion to amend the ordinance carried, with Counci Miller and Nemeth opposing. Councilman Miller wondered where the amendment would be inserted in the ordinance. Councilman Nemeth stated that he felt the zoning ordinance was very complicated, and he felt Councilman Miller had raised a good point. Council President Parent stated that the site plan was a part of the ordinance and could be amended, in his opinion. Councilman Nemeth felt the City Attorney should determine where the amendment should be incorporated into the ordinance. This was agreed to by the Council members. Councilman Taylor asked Mr. Rollin Farran Director of the Department of Public Works, to comment on his reasons for opposing the rezoning a the Area Plan Commission hearing. Mr. Farrand stated that he had some reservations as to a previ commitment for rezoning of that area, and he indicated that a housing plan had been approved by the Council and certain commitments had been made regarding subsidies. He felt he was merely being consistent with the proposal submitted by Mr. Hojnacki under the Community Development Program. Councilman Nemeth wondered if Mr. Brademas had received financing on the project as yet Mr. Brademas indicated that the financing had not been firmed up but he was confident of availabl financing. Councilman Miller stated that the $871,000 figure for the Community Development propo confused him. He asked for a clarification. He wondered where this figure had been set out in the program. Mr. Hojnacki explained that all of the funds had been applied for, and in the initi application, the city had included 400 units. Actually, the allocation showed 222 and 225 units had been requested. He indicated that this was a matter between the private developer and HUD. He explained that this would be a per year allocation. New units could be built each year based the allocation. Councilman Miller felt that Mr. Farrand had voted against the project at the Are Plan Commission hearing because the city was backing another housing development in South Bend. Mr. Hojnacki indicated that the city was not backing any particular housing development but that the area for immediate construction was proposed for the downtown area. He indicated that the administration was not opposed to the proposed plan of Mr. Brademas. Councilman Miller wondered if Mr. Brademas could build the project if only 50 units would be subsidized. Mr. Brademas indicated that he was building a community building and this would have to be broken up with two separate types of financing. This would make the project difficult in conjunction with the 6t 1 n REGULAR MEETING COMMITTEE OF THE WHOLE MEETING (CONTINUED) community building. He felt this was not realistic and new units would have to be constructed. Councilman Horvath talked about the "phasing out" of many of the federal programs the city was involved in. He wondered about the problems this project would create in the future. He supported, however, the program for construction of housing units for the elderly. Mr. Brademas indicated that the housing would be constructed and then financed on a 40 -year mortgage and, if there was no subsidy at that time, it would not create too great a problem. The developer would be responsible for the amortization of paying off the mortgage. Councilman Serge indicated that a monthly rental price had been mentioned at the Area Plan Commission hearing of $190. He wondered if the construction of a fence around the facility would be added to the total price, and Mr. Brademas indicated that that would be correct. Councilman Serge wondered about the screening of the applicants, and Mr. Brademas stated that the federal government requires a check on the future tenants which would include a credit check. If the lease requirements were not met, the tenants may be evicted; however, he felt there would be no problems with the elderly. He stated that the elderly make excellent tenants. He stated that, since the Area Plan Commission hearing and the mention of the $190 a month figure, the Section 8 Program had been changed somewhat and the increase was necessary to $200 a month. Council President Parent made a motion that the ordinance be recommended favorably to the Common Council, as amended, seconded by Councilman Serge. Councilman Kopczynski talked about the minorit] groups in the Western Manor Apartments. He asked about Harbor Homes and the LaSalle Park area. Mr. Brademas indicated that across the country, in terms of family units in low -rent public housing, from 80% to 900 of the families were minorities. For the elderly, 10% to 15% were minorities. Councilman Kopczynski indicated that the retired black people were moving south. He indicated that the City of South Bend was approximately 15% black. He could not understand how this type of construction could be in line with the open housing aspect. He felt programs such as these were concentrating minorities in one specific area. Mr. Brademas indicated that he would provide housing accommodations to everyone regardless of race, color or creed. Unless there was a major change in the thinking of the communities, the number of minority elderly would be less than 10 %. There was a call for the question. Councilman Szymkowiak wondered what had happened to his amendment concerning the construction of a fence around the property. Chairman Newburn indicated that there had been no second to Councilman Szymkowiak's amendment. Councilman Serge indicated that he would second such an amendment. Chairman Newburn indicated that, at the appro- priate time, there had been no second made, and he would not accept a second to that motion at this time. There was another call for the question. Chairman Newburn asked for a roll call vote on the motion to stop debate. The motion to stop debate carried by a roll call vote of five ayes (Councilmen Serge, Taylor, Horvath, Newburn and Parent) and four nays (Councilmen Szymkowiak, Miller, Kopczynski and Nemeth). The motion to recommend the ordinance favorably to the Common Council, as amended, carried. ORDINANCE AN ORDINANCE FIXING MINIMUM AND MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, WITHIN THE DEPARTMENT OF HUMAN RESOURCES AND ECONOMIC DEVELOPMENT"FOR THE YEAR OF 1975. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. William Hojnacki, Director of the Department of Human Resources and Economic Development, made the presentation for the ordinance. He explainec that the salaries reflected those minimum and maximum salaries of persons in his department. He stated that only three positions were new, those being the Environmental Coordinator dealing with substandard buildings, etc., the Director of Community Affairs dealing with citizen participation, and the Director of the Bureau of Planning and Management responsible for all Community Development planning and management activities. He stated that the remainder of the positions were Manpower positions. He indicated that the salary of the Counseling Placement Specialist II was in error anc the maximum should be amended to read $12,500 rather than $12,100 because this individual was already at the maximum. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, wondered about the other positions and the establishment of a range to provide increases during the year. Mr. Hojnacki indicated that the Manpower budget year runs from October to October. Community Development would probably run from June to June. He explained that the positions are not programmed for raises. Mr. Evans wondered if any of the salaries were dictated by the federal government. Mr. Hojnacki indicated that the salaries were dictated to a point and all salaries are listed within the prograr Mr. Evans wondered about the number of persons under Mr. Hojnacki's jurisdiction, and Mr. Hojnacki indicated that there were 124 individuals. Mr. Evans wondered how the director's salary was justified under the Manpower Program. Mr. Hojnacki indicated that the qualifications were con - siderable and the manpower field was very technical. Mr. Evans wondered about the availability of these types of persons in the Manpower Program. Mr. Hojnacki indicated that industry has specialists; likewise, education. He indicated that it was difficult to find someone with experience in education and governmental areas. Mr. Evans wondered if there was a shortage of these types of persons. Mr. Hojnacki indicated that he could not answer that question. Mr. Evans indicated that he was trying to draw a comparison with the proposed salaries and the salaries of employees within the city budget. He indicated that the proposed salaries were somewhat higher than some of the cabinet positions. He feltthis meant that eventually the administrative persons might look to the federalprograms for better - paying jobs. He wondered if the federal positions ans salaries were based on the cost of living in Washington, D.C. If so, this was not right, and he expressed concern with tax funds, not just South Bend taxes. He indicated that, if some of the people were receiving the maximum, any decrease would be difficult. Councilman Nemeth wondered if job descriptions had been written for the positions listed in the ordinance. Mr. Hojnacki stated that, in the Community Development proposals, there were descriptions of the positions. Mrs. Iren( Mutzl, 320 Parkovash, a member of the Fair Tax Association, asked if all the positions were filled, except the three positions Mr. Hojnacki had identified. Mr. Hojnacki indicated that all positions were filled except two. Mrs. Mutzl stated that the city already had a substandard building directs She wondered about the need for another position dealing with substandard buildings. She expresses concern about the high salaries as did Mr. Evans. Councilman Taylor indicated that some of the councilmen wished to take a second look at the ordinance. He made a motion to continue the public hearing on the ordinance until the second regular meeting in May. Council President Parent seconde the motion. The motion carried. REGULAR MEETING APRIL 21 1 COMMITTEE OF THE WHOLE MEETING (CONTINUED) ORDINANCE AN ORDINANCE REGULATING SALARIES PAID TO CITY OFFICIALS AND EMPLOYEES. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Councilman Nemeth made the presentation for the ordinance. He stated that, under state law, salaries of the city employees are set by the Mayor and approved by the Common Council, except for policemen and firemen. He indicated that the proposed ordinance would require the setting of federally- funded salaries for employees. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, asked for a brief explanation of Section III of the ordinance. Councilman Nemeth indicated that Section III would apply such as in the instance of a Water Works Commissioner receiving a regular salary as a city employee and also receiving an additional salary as a member of that board. Ms. Barbara Schankerman, 1615 Rockne Drive, read into the record the following statement: I would like to suggest that this ordinance be expanded to include the right of this Council to approve or disapprove WHO is hired, as well as the salary to be paid. Let me explain what I mean by giving you an example. Last Tuesday, John Smith, President of UAW Local #5, stated, in my presence, that jobs with the city have been guaranteed for all the 11 persons who were recently fired for walking out at the AM General plant in Mishawaka. He later explained that these jobs would be created through the use of CETA funds. Three workers from the AM General plant in.Mishawaka informed me that it's common knowledge around the plant that Jerry Miller agreed to create jobs for the fired workers in return for John Smith's assurance that Miller would get the UAW CAP Council's endorsement for Mayor. These workers further explained that John Smith prematurely spread the news around about the jobs because he will be running for re- election as Union President, and he felt that this deal would assure him of getting the much - needed votes of the AM General portion of the Local #5 in the upcoming Union election. Since John Smith's home company is Allied Products, he needs to foster recognition at AM General, they added. Now, first of all, at the present time there are city employees who are still laid off. It seems only fair that these city employees should have priority if any jobs can be made available. Secon ly, Manpower and CETA funds should be dis- bursed in accordance with the LAW - -to those persons who meet the governmental guidelines- -not according to Miller patronage standards. What I am suggesting is this: There should be some provision for Councilmatic control of hiring practices, in addition to salaries, to insure the taxpayers that salary money will be spent to meet the needs of the community- -not to buy Miller a Mayorship, nor to help buy Mr. Smith a Union Presidency. Mrs. Irene Mutzl, 320 Parkovash, a member of the Fair Tax Association, felt the public would like to see the Council have the powers the ordinance would give it. She wondered if it would be feasible for the Council to also have control over the hiring process. She urged that the ordina be passed and that consideration be given to her suggestion concerning Council involvement in the hiring process. Council President Parent made a motion that the ordinance be recommended favorably to the Common Council, seconded by Councilman Horvath. Councilman Kopczynski wondered if Councilman Nemeth had given any consideration to the need of the positions and the persons hired to fill those positions Councilman Nemeth indicated that he had not considered that. He felt the Council should at least, at this time, pass the ordinance regulating the federal salaries. He suggested that perhaps such an ordinance could be prepared concerning Councilman Kopczynski's suggestion. Councilman Kopczyns indicated that he would be checking into the matter. There being no further business to come before the Committee of the Whole, Councilman Taylor made a motion to rise and report to the Council and take a short recess, seconded by •Council President Parent. The motion carried, and the Council recessed at 9:20 p.m. ATTEST: ATT CITY CLERK C A RMAN REGULAR MEETING - RECONVENED Be it remembered that the regular meeting of the Common Council of the City of South Bend, Ind reconvened in the Council Chambers at 9:35 p.m., Council President Parent presiding and nine members 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 April 7, 1975, regular meeting of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. s/ Roger O. Parent Councilman Newburn 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. ;e REGULAR MEETING APRTL 21, 1975 REGULAR MEETING - RECONVENED (CONTINUED) 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, 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 April 16, 1975 In Re: A proposed ordinance and site development plan of Tower Federal Savings and Loan Association, John D. Gill, to zone from "C -2" Planned Shopping Center District, to "C -1" Commercial District, "G" Height and Area, property located on the south side of Ireland Road east of and contiguous to the Montgomery Ward and Scottsdale Mall property, City of South Bend Gentlemen: The attached rezoning petition of Tower Federal Savings and Loan Association, John D. Gill, was legally advertised April 5 and April 12, 1975. The Area Plan Commission gave it a public hearing April 15, 1975, at which time the following action was taken: "Upon a motion by Kenneth Woods being seconded by Daniel Chrzan and unanimously carried, the petition, as amended, of Tower Federal Savings and Loan Association, John D. Gill, to zone from "C -2" Planned Shopping Center District, to "C -1" Commercial District, "A" Height and Area, property located on the south side of and contiguous to the Montgomery Ward and Scottsdale Mall property, City of South Bend, is returned to the Common Council with a favorable recommendation by the Area Plan Commission." 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 for- warded 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 /cm cc: Louis Chapleau John D. Gill Andrew S. Place Joseph Roper The Honorable Common Council City of South Bend County -City Building South Bend, Indiana 46601 Very truly yours, s/ Richard S. Johnson Executive Director April 16, 1975 In Re: A proposed ordinance and site.development plan of Wiley L. Hoover to zone from "B" Residential, "A" Height and Area, to "B" Residential, "C" Height and Area, property located at the northwest corner of Falcon and Washington Street, City of South Bend Gentlemen: The attached rezoning petition of Wiley L. Hoover was legally advertised April 5 and April 12, 1975. The Area Plan Commission gave it a public hearing April 15, 1975, at which time the following action was taken: "Upon a motion by Robert Lehman, being seconded by Kenneth Woods, and unanimously carried, the petition of Wiley L. Hoover to zone from "B" Residential, "A" Height and Area, to "B" Residential, "C" Height and Area, property located at the northwest corner of Falcon and Washington Street, City of South Bend, is unfavorably recommended to the Common Council because if the extreme high density proposed." 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 for- warded 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 /cm attach. cc: Wiley L. Hoover Reginald Howard Very truly yours, s/ Richard S. Johnson Executive Director Councilman Kopczynski made a motion to set the ordinances referred to in both reports for public hearing and second reading on May 12, 1975, seconded by Councilman Taylor. The motion carried. REGULAR MEETING REGULAR MEETING - RECONVENED (CONTINUED) REPORT FROM THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY Mr. Paul Gervas, Employee Safety Director, indicated that he had been designated by Mr. Carringto Public Safety Director, to speak to the Council concerning the activities of the Bureau of Public Employee Safety for 1974. He indicated that, in 1972, Mayor Miller began assuming the responsibi of city government and there was a growing realization of the need for a comprehensive safety pro gram for city employees. He stated that he had been appointed to reorganize the entire program and make the necessary adjustments in working habits and attitudes on the part of the city employ He talked about the appointment of a representative from each participating department to form a new team of safety coordinators. He stated that the foremen and union stewards safety committee was also organized. He indicated that safety seminars were frequently held. He stated that, as a result of the efforts of the administration, a substantial dividend of $1,100 in addition to a reduction of $8,000 in workmen's compensation premium was realized. An award for accident preven tion was given to the City of South Bend. In 1973 the city experienced a dividend return of $4,000. He concluded by stating that such preventive measures have actually saved the taxpayer's money by reducing workmen's compensation insurance costs while improving health and environmental working conditions for employees. Council President Parent thanked Mr. Gervas for his presenta- tion. Councilman Nemeth wondered if the employee safety program was required by federal law, and Mr. Gervas indicated that it was. PP.TTTTnNS TO: The Honorable Common Council of The City of South Bend, Indiana I.P.M., a partnership, respectfully shows that it is the owner of the following described real estate located in St. Joseph County, State of Indiana, which said real estate is adjacent and contiguous to the City of South Bend, Indiana, to -wit: PARCEL I: A tract or parcel of land in the Northeast Quarter (1/4) of the Southeast Quarter (1/4) of Section 30, Township 37 North, Range 3 East, bounded by a line running as follows: Beginning at the Northeast corner of the Southeast Quarter (1/4) of said Section 30, running thence West along the North line thereof a distance of 306.42 feet; thence South a distance of 367.9 feet; thence East a distance of 306.42 feet to the East line of said Section 30; thence North and along the East line of said Section 30, a distance of 367.9 feet to the place of beginning, EXCEPTING therefrom the following described parcel: Beginning at a point on the East line of the Southeast Quarter (1/4) of said Section 30, Township and Range aforesaid, 367.9 feet South of the Northeast corner of the Southeast Quarter (1/4) of said Section 30; thence West a distance of 200 feet; thence North a distance of 177 feet; thence East a distance of 200 feet to a point on the East line of the Southeast Quarter (1/4) of said Section 30, 177 feet North to the place of beginning; thence South a distance of 177 feet to the place of beginning. PARCEL II: A tract or parcel of land in the Northeast Quarter (1/4) of the Southeast Quarter (1/4) of Section 30, Township 37 North, Range 3 East, bounded by a line running as follows: Begining at the Northeast corner of the Southeast Quarter (1/4) of said Section 30; thence West and along the north line of ;,said Section, a distance of 392.46 feet; thence South a distance of 367.9 feet; thence East a distance of 86.04 feet; thence North a distance of 367.9 feet; thence West a distance of 86.04 feet to the place of beginning. I.P.M. further shows that it owns 100% of the above described land and requests that the Common Council of the City of South Bend adopt a special ordinance within sixty (60) days from the date that this petition is filed, for the purpose of annexing said described land to the City of South Bend, Indiana. I.P.M., A Partnership By: s/ William H. Dunfee Partner I (We), the undersigned, do hereby respectfully make application and petition the Common Council of South Bend to amend the Zoning Ordinance of the City of South Bend, Indiana, as hereinafter requested, and in support of this application, the following facts are shown: 1. The property sought to be rezoned is located at the southwest corner of the intersection of Ireland Road and Ironwood Road in St. Joseph County, Indiana. 2. The property is owned by the Ironwood Partnership, with a business address of 1701 North Ironwood Drive, South Bend. 3. A legal description of the property is as follows: PARCEL I: A tract or parcel of land in the Northeast Quarter (1/4) of the Southeast Quarter (1/4) of Section 30, Township 37 North, Range 3 East, bounded by a line running as follows: Beginning at the Northeast corner of the Southeast Quarter (1/4) of said Section 30, running thence West along the North line thereof a distance of 306.42 feet; thence South a distance of 367.9 feet; thence East a distance of 306.42 feet to the ty S. REGULAR MEETING I APRIL 21 1975 REGULAR MEETING - RECONVENED (CONTINUED) PETITIONS (CONTINUED) East line of said Section 30; thence North and along the East line of said Section 30, a distance of 367.9 feet to the place of beginning, EXCEPTING therefrom the following described parcel: Beginning at a point on the East line of the Southeast Quarter (1/4) of said Section 30, Township and Range aforesaid, 367.9 feet South of the Northeast corner of the Southeast Quarter (1/4) of said Section 30; thence West a distance of 200 feet; thence North a distance of 177 feet; thence East a distance of 200 feet to a point on the East line of the Southeast Quarter (1/4) of said Section 30, 177 feet North to the place of beginning; thence South a distance of 177 feet to the place of beginning. PARCEL II: A tract or parcel of land in the Northeast Quarter (1/4) of the Southeast Quarter (1/4) of Section 30, Township 37 North, Range 3 East, bounded by a line running as follows: Beginning at the Northeast corner of the Southeast Quarter (1/4) of said Section 30; thence West and along the North line of said Section, a distance of 392.46 feet; thence South a dis- tance of 367.9 feet; thence East a distance of 86.04 feet; thence North a distance of 367.9 feet; thence West a distance of 86.04 feet to the place of beginning. 4. It is desired and requested that the foregoing property be rezoned from Residential Use and Height and Area District, to Commercial (C -2) Use and A Height and Area. 5. It is proposed that the property will be put to the following use and the following building(s) will be constructed: Two buildings will be erected on the property. The first on Parcel I will be a 1,200 square foot, one -story office building. The second building, commercial in nature, will be located on Parcel II and it is intended that it will house commercial businesses such as a florist shop, retail dry cleaners and liquor store. 6. Number of off - street parking spaces to be provided: 88. 7. Attached is a copy of (a) an existing plot plan showing my property and other surrounding properties; (b) names and addresses of all the individuals, firms or corporations owning property within 300 feet of the property sought to be rezoned; (c) site development plan. Petition Prepared By: Charles A. Sweeney, Jr. KRAMER, ROWE, SWEENEY, BUTLER, SIMERI AND LADERER Suite 900, St. Joseph Bank Building South Bend, Indiana 46601 Telephone: (219) 233 -3303 I.P.M., A Partnership By s/ William H. Dunfee * * * * * * * * * * * I (We), the undersigned, do hereby respectfully make application and petition the Common Council of the City of South Bend, Indiana, to amend the Zoning Ordinance of the City of South Bend as hereinafter requested, and in support of this application, the following facts are shown: 1. The property sought to be rezoned is located at 1800 block of South Ironwood Drive, South Bend, Indiana, 2. The property is owned by Dale Brink and Curtis Crofoot and is optioned to 220 Corp., 226 West Colfax Avenue, South Bend, Indiana 46601. 3. A legal description of the property is as follows: Lots 60, 61, 62 and 63 inclusive of Roseland Park Addition located in the Southeast corner of Section 18, Township 37 North, Range 3 East in the City of South Bend, Indiana. 4. It is desired and requested that the foregoing property be rezoned from "A" Residential Use and "A" Height and Area District, to "C -1" Commercial Use and "E" Height and Area District. 5. It is proposed that the property will be put to the following use and the following building(s) will be constructed: Grocery -- convenience store, one (1) building. 6. Number of off - street parking spaces to be provided: 8. 7. Attached is (a) an original ordinance and 25 copies; (b) an original petition and 25 copies; (c) a $10 filing fee; (d) an existing plot plan showing my property and other surrounding properties; (e) names and addresses of all the individuals, firms or corporations owning property within 300 feet of the property sought to be rezoned; and (f) 5 copies of a site development plan. Petition Prepared By: s/ Dale Brink and Curtis L. Crofoot Jack C. Dunfee, Jr. 434 North Michigan Street REGULAR MEETING APRIL 21, 1975 IREGULAR MEETING - RECONVENED (CONTINUED) PETITIONS (CONTINUED) I (We), the undersigned, do hereby respectfully make application and petition the Common Council of the City of South Bend 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 at the Southwest corner of Portage Avenue and the Indiana Toll Road right -of -way. 2. The property is owned by Portage Place Associates. 3. A legal description of the property is as follows: Part of the N 1/2 of Sec. 27, Twp. 38 N., R. 2 E., described as beginning at a point 150 feet Southerly of the centerline of the Indiana East West Toll Road and 65 feet southwesterly and perpendi- cular to the centerline of Portage Avenue; thence South bearing 27023138" on and along the Westerly line of Portage Road a distance of 493.93 feet; thence Southerly bearing 23016115" a distance of 120 feet; thence Southerly and Westerly in an arc having a 60' radius to the North line of a private driveway parallel to and 751186" South of the centerline of the Indiana East West Toll Road; thence Westerly along the North line of said private driveway a distance of approximately 424 feet to the Easterly line of a north south private street as shown on the Recorded Plat of Portage Place Apartments; thence Northerly bearing 00001130" a distance of 601.86 feet more or less to the South line of the Indiana East West Toll Road; thence along said South line a distance of 180.71' to the place of beginning; containing 4.72 acres more or less. Subject to: 1. A 10' eastment over and across the North 10' of said tract. 2. A 10' easement 5' either side of a line parallel to and 503.00' North of the South line of said tract for maintenance and construction of a watermain. 4. It is desired and requested that the foregoing property will be rezoned from "A" Residential Use and "A" Height and Area District, to "C -2" Neighborhood Use and "C -2" Height and Area District. 5. It is proposed that the property will be put to the following use and the following building(s) will be constructed: A mini -mall containing a grocery, drug and variety store for neighborhood convenience, with space provided on a second story above the variety store for possible development of a small restaurant. 6. Number of off - street parking spaces to be provided: 306. 7. Attached is a copy of (a) an existing plot plan showing my property and other surrounding properties; (b) names and addresses of all the individuals, firms or corporations owning property within 300 feet of the property sought to be rezoned; and (c) site development plan, and economic analysis and traffic survey. Petition Prepared By: Joseph T. Helling Crumpacker, May, Levy and Searer 224 West Jefferson Boulevard South Bend, Indiana 46601 Portage Place Associates By s/ James J. Kelly 1720 Wisconsin Avenue Washington, D.C. 20007 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 at the northeast corner of the intersection of Notre Dame Avenue and Howard Street. 2. The property is owned by PAPCO, Inc. (Rocco Papandria, James Dincolo - land contract sellers), William D. Farmer, John R. Donahue (land contract buyers). 3. A legal description of the property is as follows: 169 feet on the north and 165 feet on the south taken off of and from the entire west end of Lots No. 93 and No. 94 of Sorin's Second Addition to the Town of Lowell, now the City of South Bend. REGULAR MEETING APRIL 21, 1975 REGULAR MEETING - RECONVENED (CONTINUED) PETITIONS (CONTINUED) 4. It is desired and requested that the foregoing property be rezoned from "A" Residential Use and "H" Height and Area District, to "C" Commercial Use and "E" Height and Area District. 5. It is proposed that the property will be put to the following use and the following building(s) will be constructed: one single - family (small) type restaurant. 6. Number of off - street parking spaces to be provided: 40 (35 patrons, 4 employees, 1 loading). 7. Attached is (a) an original ordinance and 25 copies; (b) an original petition and 20 copies; (c) a $10 filing fee; (d) an existing plot plan showing my property and other surrounding properties; (e) names and addresses of all the individuals, firms or corporations owning property within 300 feet of the property sought to be rezoned; and (f) 5 copies of a site development plan. PAPCO, Inc. By s/ Rocco Papandria AND Petition Prepared By: Joseph T. Helling and Thomas L. Bodnar Crumpacker, May, Levy and Searer Suite 600, 224 West Jefferson Boulevard South Bend, Indiana Telephone: (219) 232 -2031 s/ James Dincolo s/ William D. Farmer s/ John R. Donahue Council President Parent indicated that action on the petitions would be taken when the ordinances referred to the petitions had first reading. ORDINANCES, SECOND READING ORDINANCE NO. 5828 -75 AN ORDINANCE APPROVING THE FORM AND TERMS OF THE LEASE AGREEMENT AND INDENTURE OF TRUST AND INDUSTRIAL DEVELOPMENT REVENUE BONDS AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO IBS INVESTMENTS, INC. This ordinance had second reading. Councilman Taylor made a motion to pass the ordinance, seconde 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. 5829 -75 AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) - northeast corner of Linden Avenue and Clemens Street. This ordinance had second reading. Councilman Horvath made a motion to amend the ordinance as amended in the Committee of the Whole, seconded by Councilman Taylor. Council President Parent asked that Councilman Nemeth read the amendment. Councilman Nemeth indicated that the following phrase was to be added to Section 2: ...subject further to the condition that Harbor Drive be continued through the project as a public street and that Harbor Drive intersect with Linden Avenue at Bellewood Street. The motion carried. Councilman Serge then made a motion that the ordinance pass, as amended, seconded by Councilman Taylor. The ordinance passed by a roll call vote of seven ayes (Councilmen Serge, Miller, Taylor, Horvath, Nemeth, Newburn and Parent) with Councilmen Szymkowiak and Kopczynski abstaining. ORDINANCE AN ORDINANCE FIXING MINIMUM AND MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, WITHIN THE DEPARTMENT OF HUMAN RESOURCES AND ECONOMIC DEVELOPMENT FOR THE YEAR OF 1975. Councilman Taylor made a motion to continue the ordinance to the second regular meeting in May, seconded by Councilman Newburn. The motion carried. ORDINANCE NO. 5830 -75 AN ORDINANCE REGULATING SALARIES PAID TO CITY OFFICIALS AND EMPLOYEES. his ordinance had second reading. Councilman Taylor made a motion to pass the ordinance, seconded y Councilman Kopczynski. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, zymkowiak, Miller, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent). REGULAR MEETING APRIL 21, 1975 REGULAR MEETING - RECONVENED (CONTINUED) RESOLUTIONS RESOLUTION A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING THE STUDEBAKER BLOCK (KRESGE BUILDING) AS AN HISTORICAL SITE LANDMARK. A public hearing was held at this time on the resolution. Mr. John Oxian, Vice President of the Historic Preservation Commission, explained that the commission had recommended that the Kresge Building area be designated as an historical landmark site. He indicated that this was merely an honor of declaring the particular site a landmark and this was not mandated by ordinance. Mr. Bur Ford, the attorney representing the National Bank and Trust Company, owner of the property, states that the bank wished to decline the honor about to be bestowed upon it. He referred to Section 6 of the ordinance passed in September, 1973, wherein it was stated that the Historic Preservation Commission, when it deems necessary, may petition the Council for a temporary delay on proposed construction, reconstruction, alteration, demolition or moving, for the purpose of preparing an historic preservation plan for the historic landmark and /or the district in which it is located. He stated that the owner of the land did not want to see the land encumbered. He asked that the Council consider declaring historic landmarks for the St. Joseph Bank Building and the American National Bank Building. He indicated that the owner of the property in question was willing to erect a placque on the site which would mark the area but did not wish to designate the property as such. Mr. Oxian stated that the document being considered was merely a resolution and only expressed intent of the Council. He stated that the commission had written four letters to the bank advising it of the request of the Historic Preservation Commission. He indicated that none of the letters had been answered. He stated that Mr. Ford and the bank had been advised of the wishes of the commission in designating the site as an historic landmark. He stated that the commission could not stop or delay construction of the new building and had no intention of doing SO. Councilman Taylor asked if Mr. Ford had any response to Mr. Oxian's statement about the resolution merely expressing an intent. Mr. Ford indicated that there was nothing in Section 6 that required an ordinance, and he questioned whether or not the resolution could apply. He agair stated that the bank did not want the land encumbered in any way, and he responded to Mr. Oxian's statement concerning prior knowledge of the commission's wishes to designate the land. He indicated that he had not stated that the bank had not been made aware of the recommendation as Mr. Oxian had implied. Councilman Miller made a motion to strike the resolution from the files, at which time Council President Parent wondered if the resolution could be referred to committee rather than stricken from the files. There was no second to Councilman Miller's motion. Counciln Newburn then made a motion to refer the resolution to the Human Resources and Economic Development Committee, seconded by Councilman Serge. The motion carried. RESOLUTION NO. 479 -75 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING THE UNION STATION AS AN HISTORIC SITE LANDMARK. WHEREAS, upon the recommendation of the Historic Preservation Commission of South Bend and St. Joseph County, Indiana; and WHEREAS, the South Bend Common Council of Indiana deems it to be in the best interest of the community. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, that: SECTION 1. The Union�Stat on, completed in 1929, is an historical site landmark. SECTION 2. This resolution shall be in full force and effect from and after its adoption 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. John Oxian, Vice President of the Historic Preservation Commission, stated that he felt there would be absolutely no opposition to the designation of the Union Station as an historic site landmark. He indicated that all railroad stations have historic value and, if the station was designated a historic landmark, federal funds could perhaps be obtained to use the building as a closed mall, etc. Councilman Nemeth made a motion to adopt the resolution, seconded by Councilman Kopczynski. The resolution was adopted by a roll call vote of eight ayes (Councilmen Serge, Szymkowiak, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent) and one nay (Councilman Miller). RESOLUTION NO. 480 -75 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RESCINDING THE PREVIOUS CONDITIONAL AWARD OF THREE CONTRACTS IN EXCESS OF $5,000 AND AWARD SAME TO THE NEXT LOWEST BIDDER FOR THE REHABILITATION WORK IN THE SOUTHEAST NEIGHBORHOOD DEVELOPMENT PROGRAM. WHEREAS, under the 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 three 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: REGULAR MEETING APRIL 2 REGULAR MEETING - RECONVENED (CONTINUED) RESOLUTION NO. 480 -75 (CONTINUED) 1. That the conditional contract awards to the American Home Improvement Company, adopted by the Common Council of the City of South Bend on February 10, 1975, through Resolution No. 473 -75, be rescinded for the following properties: 37 -38 Elder Place 1121 S. Carroll Street $6,528.00 24 Haney's 116 E. Broadway 5,892.00 151 Studebaker's 2nd 522 E. Milton 5,752.00 2. That approval be granted to the Redevelopment Commission of the City of South Bend, Indiana, to enter into contracts with the next lowest bidder, Ted Combs Decorating and Construction, Inc., for the rehabilitation of these properties in the following amounts: 37 -38 Elder Place 1121 S. Carroll Street $6,668.39 24 Haney's 116 E. Broadway 6,421.75 151 Studebaker's 2nd 522 E. Milton 6,442.72 s/ Roger 0. Parent Member of the Common Council A public hearing was held at this time on the resolution. Mr. Keith Crighton, Manager of the Bureau of Housing, explained that the resolution rescinded three contracts previously approved by the Council on February 10, 1975, for American Home Improvement Company. The resolution further authorized the Redevelopment Commission to enter into contracts with the next lowest bidder, Ted Combs Decorating and Construction, Inc. He stated that the original contractor was unable to comply with the requirements; therefore, it was recommended that the contracts be awarded to the next lowest bidder. Councilman Miller made a motion to adopt the resolution, seconded by Councilman Taylor. Councilma7 Kopczynski wondered if the contractors were refraining from putting in thick tile in the homes. He had previously questioned this practice, indicating that it was not necessary in his opinion. Mr. Crighton stated that the tile was only used in the instances where a health or safety hazard was realized. He talked about the problems with hardwood floors and refilling the floors. Councilman Kopczynski felt money was being spent in some circumstances where it was not absolutely necessary. He felt the basic needs should be provided, but he urged that "frills" not be put into the homes. He talked about the many people who were needy and should be able to benefit from the program but were not residing within the project area. He wished something could be done about the Council President Parent wondered if other methods of fixing the floors could be accomplished so tl the tile would not have to be used which Councilman Kopczynski felt was rather expensive. Mr. Crighton indicated that he was not aware of any other method. He talked about the procedure utilized in approving and preparing the specifications. He indicated that the specifications are determined by the basic condition of the structure. Council President Parent wondered if there were any frills being put into the homes as Councilman Kopczynski had asked. Mr. Crighton felt no frills were being installed. Council President Parent asked about a set of average specifica- tions and what was involved. He wondered if a copy could be furnished to him. Mr. Crighton indicated that he would do this. Councilman Kopczynski wondered if some of the people benefiting frim the program could paint their own homes and cut down on the cost of labor. Mr. Crighton indicated that some of the people were elderly and could not paint their homes. Councilman Kopczynski felt that, in those instances, the homes might not be kept up because the persons livinc there could not maintain their homes. He stated that he realized the aims of the Housing Bureau were good, but he felt the work being done would only be temporary. Councilman Newburn felt that, if these people were given a little help, they would maintain their homes. He felt that, if every- one kept saying these people were no good, they would probably end up that way. He felt the peopl( appreciated the help that was being given them. Councilman Szymkowiak wondered about the possibili of installing aluminum siding rather than painting the homes every few years. Mr. Crighton indicated that the cost of aluminum siding was prohibitive and the number of homes to be rehabilitz would be reduced 20o if aluminum siding was used. Councilman Kopczynski stated that he felt Councilman Newburn had misconstrued his previous statement that the elderly would not be able to maintain their homes. He felt the Council should consider providing adequate single bedroom housing for the elderly who could not maintain their homes. The resolution was adopted by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent). . (RESOLUTION NO. 481 -75 A RESOLUTION OF THE COMMON COUNCIL OF, THE CITY OF SOUTH BEND CREATING A BODY CORPORATE AND POLITIC TO BE KNOWN AS THE SOUTH BEND CIVIC CENTER BUILDING AUTHORITY. WHEREAS, the City of South Bend, Indiana, pursuant to the recently enacted provisions of Indiana Code 1971, 19 -7- 18.5 -1, has the authority to create by the adopting of an appropriate resolution, an authority for the purpose of financing, acquiring, constructing, equipping and leasing to the City of South Bend land and a building or buildings for civic purposes; and WHEREAS, it is deemed to be in the best interests of the City of South Bend, and advisable for said city, to establish such an authority.for the financing, acquiring, constructing, equipping and leasing to the City of South Bend land and a building or buildings for civic purposes. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend as follows: SECTION I. That there is hereby created pursuant to the provisions of the Indiana Code 1971, 19- 7- 18.5 -1, an authority for the purpose of financing, acquiring, constructing, equipping and leasing to the City of South Bend land and a building or buildings for civic purposes. REGULAR MEETING APRIL 21, 1975 (REGULAR MEETING - RECONVENED (CONTINUED) RESOLUTION NO. 481 -75 (CONTINUED) SECTION II. That such authority created herein shall be a body corporate and politic, and shall be known as the "South Bend Civic Center Building Authority ". SECTION III. That the Clerk of the City of South Bend is directed to file forth- with a certified copy of this resolution with the Judge of the St. Joseph County Circuit Court as provided for by Indiana Code 1971, 19 -7- 18.5 -1. SECTION IV. This resolution shall be in full force and effect from and after its adoption by the Common Council and its approval by the Mayor of the City of South Bend, Indiana. s/ Terry S. Miller Member of the Common Council A public hearing was held at this time on the resolution. Councilman Horvath indicated that the resolution adopted by the Council at the last meeting creating the South Bend Civic Center Buildinc Authority had been premature inasmuch as the Governor had not yet signed the necessary state legislation. 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, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent). ORDINANCES, FIRST READING ORDINANCE AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LANDS, GENERALLY KNOWN AS THE SOUTHWEST CORNER OF IRELAND ROAD AND IRONWOOD DRIVE IN ST. JOSEPH COUNTY, INDIANA. This ordinance had first reading. Council President Parent asked for a motion to postpone the public hearing on the annexation until a recommendation was received from the Area Plan Commission on the rezoning of the land. Councilman Nemeth felt there would be a problem in doing this inasmuch as the property was not located within the city limits. He felt the Council could not refer a proposed rezoning to the Area Plan Commission if the land was not situated within the city limits. For this reason, Councilman Nemeth made "a motion to set the ordinance for public hearing and second reading on May 12, 1975, seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO. 4990 -68, CHAPTER 40 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, FORMERLY REFERRED TO AS ZONING ORDINANCE NO. 3702, AS AMENDED (southwest corner of Ireland Road and Ironwood Drive). This ordinance had first reading. Councilman Nemeth made a motion to refer the ordinance to the Area Plan Commission, seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) - 1800 block of South Ironwood Drive. This ordinance had first reading. Councilman Horvath made a motion to refer the ordinance to the Area Plan Commission, seconded by Councilman Taylor. The motion carried., ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED(,' „COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (southwest corner of Portage Avenue and the Indiana Toll Road right -of -way). This ordinance had first reading. Councilman Horvath made a motion to refer the ordinance to the Area Plan Commission, seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (1010 Notre Dame Avenue). This ordinance had first reading. Councilman Horvath made a motion to refer the ordinance to the Area Plan Commission, seconded by Councilman Newburn. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $15,675.00 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 Horvath made a motion to set the ordinance for public hearing and second reading on May 12, 1975, seconded by Councilman Newburn. The motion carried. 225 REGULAR MEETING ___AP_RIL REGULAR MEETING - RECONVENED (CONTINUED) ORDINANCE AN ORDINANCE APPROPRIATING $33,080.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC WORKS PRO - GRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC WORKS. This ordinance had first reading. Councilman Taylor made a motion to set the ordinance for public hearing and second reading on May 12, 1975, seconded by Councilman Serge. Councilman Miller expressed concern about the ordinance and the program. He felt that, if a caucus was not held prior to the next Council meeting, the ordinance should be held up temporarily. He hoped the public hearing could be delayed until the matter was discussed in caucus. This was agreed to by the Council members, and Councilman Horvath made a motion to set the ordinance for public hearing and second reading on May 27, 1975, rather thari May 12th, seconded by Councilman Taylor. The motion carried. PRIVILEGE OF THE FLOOR Mrs. Irene Mutzl, 320 Parkovash, a member of the Fair Tax Association, asked whether or not the Council had received a satisfactory explanation regarding the Professor John Roos claim that Councilman Nemeth had questioned previously. Councilman Nemeth indicated that he had talked to Mr. Walter Lantz, Chief Deputy Controller, concerning the claim, and the amount of the claim was $1,000 payable to Dr. Kromkowski for professional consulting services rendered. He stated that he had accepted this report and that Dr. Roos was getting paid out of the Urban Observatory Program. UNFINISHED BUSINESS Councilman Miller asked if the Committee of th e referred to it regarding conflict of interests. ordinance amending the Fair Campaign Practices Councilman Newburn indicated that the Committee issues. NEW BUSINESS Whole had met and considered the resolution Council President Parent also mentioned the Act which was also referred to the committee. of the Whole had not yet met to consider the Councilman Taylor reminded the audience that there was an election coming up. He urged the citizer to go out and vote -- republican. Council President Parent urged the citizens to vote. Councilman Kopczynski stated that, the more citizens who vote, the more apt South Bend would be to having' good government. He felt the citizens should be aware of the political machine. 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 10:30 p.m. ATTEST: y J� CI Y CLERK APP ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++.4++,*++ + + + + + + + + + + + + + + + + + + + + + + + + +. + + + ++ s