Loading...
HomeMy WebLinkAbout06-09-75 Council Meeting MinutesI''f' i''' I'' F'' F' E''' F'' I'' f'' I'' F'' F'' F' .+' I'.'' F'' F'' F'' F'' h' f'' F'' F'.' h' I'.'F'F'F''h'I''F.'t''I''H'. 44+ 4w.' F'' I' . f'' F'.' F.'' I'' h' F''' I'' I'7' F'' F' 'F'f''F'f''f'.'F'F.'t''Ft'F.. F I'`F° 1' 1 1 TTTTTTTTTTTT REGULAR MEETING JUNE 9, 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, June 9, 1975, at 7:00 p.m., Council President Roger 0. 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 Horvath made a motion to appoint Councilman Taylor and Dr. Lillian Stanton to the Police Merit Plan Study Commission, seconded by Councilman Serge. The motion carried unanimously. City Clerk Irene Gammon then swore in the following individuals: Dr. Daniel Winicur to the South Bend Bicentennial Committee (appointed at the May 27th meeting) Ms. Kay Azar to the Foster Grandparent Program of REAL Services (appointed at the May 27th meeting) Mr. Manuel Garcia to the South Bend Crime Commission (appointed at the May 27th meeting) Dr. Lillian Stanton to the Police Merit Plan Study Commission Councilman Robert Taylor to the Police Merit Plan Study Commission Councilman Taylor made a motion to resolve into the Committee of the Whole, seconded by Councilman Horvath. The motion carried. COMMITTEE OF THE WHOLE MEETING Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on Monday, June 9, 1975, at 7 :10 p.m., with nine members present. Chairman Odell Newburn presided. ORDINANCE AN ORDINANCE APPROPRIATING $33,080.00 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 being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard (public hearing was continued from the May 27th Council meeting). Mr. Rollin Farrand, Director of the Department of Public Works, indicated that the Council had met in caucus concerning the appropriation ordinance since the May 27th meeting. He stated that 25% to 30% of the electric bill would have been incurred based upon previous electrical costs in the mall. He stated that he would answer any additional questions the audiencE or Council members had. Miss Virginia Guthrie, Consultant for the Civic Planning Association, wondered how the money could be appropriated after the expenditure had been made. Mr. Farrand indicated that the only expense already incurred was for the electricity. Miss Guthrie wondered about the legality of this. Councilman Miller indicated that the expenditure was made by the Redevelopment Commission, and the Council was talking about accepting that expenditure at some point in time with the hopes of resolving the problem. He thought perhaps some arrangement could be made between the Board of Publ Works and the Redevelopment Commission so that the city would not assume the debt until the appro- priation ordinance was passed. Miss Guthrie asked if she could be given assurance that this sort of thing would not happen in the future as it had happened in the past. Chairman Newburn stated COMMITTEE OF THE WHOLE MEETING (CONTINUED) that he hoped the next Council would be able to take care of the problem. He admitted that this has happened in the past. Miss Guthrie indicated that the State Board of Accounts was very specif on appropriations being made before expenditures were made. Councilman Miller wondered if there was any additional information available on the electric current and the pumps, and Mr. Farrand indicated that he could come up with that information; however, he did not have it readily available at this time. Councilman Miller felt the budget should be "very close and tight in the outset" so that it could grow if needed. Councilman Miller made a motion to amend the ordinance as follows: Reduce total approp Reduce Account 221, Reduce Account 224, Reduce Account 260, Reduce Account 321, Reduce Account 370, Reduce Account 430, riation to $25,000 and insert wherever indicated. Electric Current, to $18,250. Water, to $1,500. Other Contractual Services, to $1,000. Gasoline, to $1,000. Other Supplies, to $925. Repair Parts, to $1,500. Councilman Taylor seconded the motion. The motion carried. Councilman Kopczynski wondered who ha( approved the expenditure of money for the electric current. Mr. Farrand indicated that the only expenditure was for lighting, and he thought that there was probably no formal approval. Councilmi Kopczynski wondered if there was any formal agreement made with the Redevelopment Commission con- cerning maintenance of the mall, and Mr. Farrand indicated that there was not. Councilman Kopczynski wondered how the outstanding bill for electricity had been paid, and Mr. Farrand stated that the bills were being held in his office and no money had yet been expended. Councilman Miller made a motion that the ordinance be recommended favorably, as amended, to the Common Council, seconded by Councilman Serge. The motion carried, with Councilman Kopczynski opposing. 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 being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Jack C. Dunfee, Jr., Attorney at Law, practicing on the sixth floor of the First Bank Building, made the presentation for the ordinance. He stated that he represented the petitioners in the rezoning, and he introduced Mr. Douglas Carpenter, realtor and site plan developer. He indicated that Dale Brink and Curtis Crofoot were the owners of the property in question, which property was optioned to 220 Corporation, 226 West Colfax Avenue. He referred to the overhead projector which outlined the area to be rezoned. He indicated that the land was currently zoned "A" Residential but was not being put to any specific use. He talked about the usages in the immediate vicinity. He presented photographs to the Council. He indicated that the site development plan was subject to final approval by the Area Plan Commission, and he presented the site plan to the Council. Mr. Dunfee stated that the side yard and rear yard would be left because there were residential uses to the west; this would allow for a buffer to the residential areas. He indicated that 59% of the total area would be left as open yard. The property owners within 300 feet were given notice of the proposed rezoning, and Mr. Carpenter had also prepared a letter which was mailed to 20 of the 60 owners (those most clearly affected by the proposed rezoning). He indicated that only 2 responses were received regarding what was going to happen to the property but they could not be construed as remonstrator; He indicated that there were no remonstrators at the Area Plan Commission hearing. Councilman Szymkowiak wondered about the vacant lot in the vicinity. Mr. Dunfee indicated that th lot would remain unused. Councilman Kopczynski wondered about the alleys and whether or not they would be hard - surfaced. Mr. Dunfee indicated that, regarding the east -west alley, it probably would be hard - surfaced because it would be used as an access point. He stated that there was no access to the north -south alley. Councilman Kopczynski felt the north -south alley would be used, and he felt it should be hard - surfaced. Mr. Dunfee indicated that, if this was a requirement of the law, his clients would see to it that the alleys were resurfaced. Councilman Horvath wondered if the Area Plan Commission had taken into consideration the long -range plan for widening Ironwood Drive. Mr. Dunfee indicated that this had been considered; however, there was a problem at this point on how wide Ironwood should be. He indicated that there was no problem with a 40 -foot right -of -way. Council President Parent made a motion that the ordinance be recommended favorably to the Common Council, seconded by Councilman Serge. 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 Indiana Toll Road right -of -way). This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Douglas Carpenter, Realtor for Locker Realty 226 West Colfax Avenue, made the presentation for the ordinance. He stated that he had prepared the economic research report and that he was representing Mr. Joseph Helling, the attorney for Portage Place Associates, petitioner in the rezoning. He indicated that the property was located at the southwest corner of Portage Avenue and the Indiana Toll Road. He referred to the overhead projector showing the property in question. He stated that the present entrance into Portage Place would be utilized. He explained that the apartment complex would have 1,600 apartments when completed with a normal number of people at 2,000. He talked about median income of families and the number of families in the immediate area. He felt there would be no overlapping of service areas as far as the shopping center was concerned. He presented a site plan to the Council. Mr. Carpenter indicated that the building would consist of 39,200 square feet and would be an "L" shaped building. A variety drug store would be utilized and 16,000 square feet would be utilized REGULAR MEETING JUNE go 1975 COMMITTEE OF THE WHOLE MEETING (CONTINUED) for a grocery store. He stated that there would be ample parking, and 32 dry wells would service the drainage. A storm sewer was shown in the maps. A combination screen fence and live vegeta- tion would border the west and south sides of the project. He indicated that there was only one remonstrator at the Area Plan Commission hearing, and he was concerned about water runoff onto his property. He felt there would be no problem with drainage because the topography was relatively flat. There were no comments or questions from the audience. Councilman Serge felt there was a drainage problem in the area at the present time. Mr. Carpenter felt that the 32 dry wells, if properly designed, would handle the problem. Councilman Nemeth wondered if Mr. Carpenter considered the proposed rezoning as spot zoning, and Mr. Carpenter indicated that he did not because originally this was designed as a part of the pattern. Councilman Nemeth made a motion that the ordinance be recommended favorably to the Common Council, seconded by Councilman Serge. 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 being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. In view of the fact that the petitioners had withdrawn their petition, Councilman Kopczynski made a motion that the ordinance be stricken, seconded by Council President Parent. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $9,000 FROM THE LOCAL ROAD AND STREET FUND TO PROJECT R & S 71 -1975, LOGAN STREET FROM GRAND TRUNK AND WESTERN RAILROAD TRACKS NORTH TO BULLA 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. Rollin Farrand, Director of the Department o Public Works, made the presentation for the ordinance. He indicated that the next five items on t agenda, including the appropriation for $9,000 for Project R & S 71 -1975, dealt with street pro- grams for the current year. He explained that, with the current availability of Federal -Aid Urban Funds and the probability that these or similar funds would continue to be available, it was necessary that efforts be made to provide increased design time for proposed construction projects He stated that three to five years must be allowed for the design stage in order to provide adequate time to process environmental impact data, conduct public hearings and conduct design in a more rigid pattern. The present Federal -Aid Funds were available on a 70 % -30% matching basis which would allow the city to buy $10 worth of improvements for $3. He stated that five projects were being proposed. Three of these were specifically being developed for conformance with federa guidelines. A fourth, the Ironwood Road Project, would be combined with other Ironwood Road pro- jects at a later date and considered on a route basis for federal review procedures. The fifth project was a sewer project for an unserved portion of South Miami Street and would be conducted as a Barrett Law project. He explained that staff considerations in the Department of Public Works would not enable the department to perform the design tasks. He indicated that only partial funding was being requested for the Miami Street project, and additional funds to complete the design would be requested at a later date. He stated that the funds not included in the Logan Street project reflected anticipated participation by the City of Mishawaka, and the 30% would be split with Mishawaka. Councilman Miller wondered if the engineering firms had been determined for each contract, and Mr. Farrand indicated that Cole and Associates would be contracted to perform the work on the Logan Street Project and the Ironwood Project; Murphy Consultants would be contracted for the Chapin Street Project; Clyde E. Williams for the Miami Road Project; and Kent Kaser and Associates for the Miami Sanitary Sewer Project. Councilman Miller wondered about the basis for the estimated costs, and Mr. Farrand indicated that these were lump sum fees based on the estimated costs of the fee curve. Councilman Miller wondered if the projects were broken down as far as amount of work com- pleted, etc. Mr. Farrand indicated that the consultant could receive intermediate payments because of the various stages. He stated that the projects would be "start to finish" and federal approval) would have to be had after completion of each stage. He indicated that the city would participate' in these decisions. He stated that the city was not proposing complete funding for the Miami Stree' Project and the consultant would not be authorized to proceed beyond that funding. Councilman Miller wondered if the contracts would be let within 60 days, and Mr. Farrand indicated that the design contracts would be let within 60 days subject to Council approval. Councilman Miller wondered about the completion dates, and Mr. Farrand indicated that the Ironwood Project would be completed in 90 days and also the Miami Sewer Project. He stated that the other projects could take up to two years. He talked about the projects currently underway by the city. Councilman Kopczynski wondered why he had not been receiving a progress report on the various street projects. He felt the councilmen should be given progress reports. He felt a timetable should be set up as well as the method of financing and the availability of funds. He asked for a total of all projects "in the works" at the present time. Mr. Farrand apologized if some of the reports had not been distributed. He stated that, at the last caucus meeting, he had submitted a lengthly report (concerning the financing, etc. Councilman Nemeth asked that Councilman Kopczynski be furnished a copy of that report as he had not been present at the caucus meeting. Mr. Farrand indicated that he would do that. Councilman Taylor wondered if the necessary right -of -way on Miami Street had been obtained for the project. Mr. Farrand indicated that, wherever there was 40 feet, there was sufficient right -of -way; however, he felt some right -of -way would have to be acquired. Council President Parent stated that all the projects had been discussed at a recent caucus meeting. He felt there was no major objection on the part of the Council to the proposed projects. He made a motion that the ordinance be recommended favorably to the Common Council, seconded by Councilman Horvath. The motion carried. ORDINANCE AN ORDINANCE TO APPROPRIATE $18,000 FROM THE LOCAL ROAD AND STREET FUND, AND $2,000 FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND TO PROJECT R & S 68, RECONSTRUCTION OF IRONWOOD ROAD FROM EDISON ROAD TO SOUTH BEND AVENUE (SR 23). This being the time heretofore set for public hearing on the above ordinance, proponents and REGULAR MEETING JUNE 9, 1975 COMMITTEE OF THE WHOLE MEETING (CONTINUED) opponents were given an opportunity to be heard. There were no comments or questions. Councilman Taylor 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 $16,200 FROM THE LOCAL ROADS AND STREETS FUND AND $1,800 FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND TO PROJECT R & S 69, 1975 RECONSTRUCTION OF CHAPIN STREET FROM WESTERN AVENUE TO WASHINGTON STREET. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. There were no comments or questions. Councilman Serge made a motion that the ordinance be recommended favorably to the Common Council, seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $49,500 FROM THE LOCAL ROADS AND STREETS FUNDS AND $5,500 FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUNDS TO PROJECT R & S 70, 1975 MIAMI ROAD FROM KERN ROAD TO JACKSON ROAD. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. There were no comments or questions. Councilman Serge made a motion that the ordinance be recommended favorably to the Common Council, seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING THE SUM OF $5,000.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND FOR PROJECT CS9 -1975, MIAMI HIGHWAY SANITARY SEWER EXTENSION. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. There were no comments or questions. Councilman Serge made a motion that the ordinance be recommended favorably to the Common Council, seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE FOR THE TRANSFER OF FUNDS WITHIN THE FIRE DEPARTMENT BUDGET IN THE AMOUNT OF $5,000.00 FROM LINE ITEM 110, "SERVICES PERSONAL ", TO LINE ITEM 262, "MEDICAL- SURGICAL - DENTAL ", BOTH ACCOUNTS BEING WITHIN THE FIRE DEPARTMENT BUDGET OF THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Assistant Fire Chief Joseph Nagy made the pre- sentation for the ordinance. He explained that a transfer of $5,000 from the Services Personal Account was necessary in order to cover bills outstanding and hopefully to carry the department through the remainder of the year. Miss Virginia Guthrie, Consultant for the Civic Planning Association, felt the Medical - Surgical - Dental Account was a very difficult item to budget. She wondered about total personnel in the department, and Mr. Nagy indicated that there were 269 employees, and 275 employees had been budgeted for 1975. Councilman Serge made a motion that the ordinance be recommended favorably to the Common Council, seconded by Council President Parent. The motion carried. 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, seconded by Councilman Horvath. The motion carried. ATTEST: ATT 4!=O� Ir CITY CLERK CHAIRMAN REGULAR MEETING - RECONVENED Be it remembered that the regular meeting of the Common Council of the City of South Bend, Indiana, reconvened in the Council Chambers at 8:03 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 May 27, 1975, regular meeting of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. s/ Roger 0. Parent Councilman Taylor made a motion that the report be accepted as read and placed on file and the minutes be approved, seconded by Councilman Horvath. The motion carried. REGULAR MEETING JUNE 91 1975 (REGULAR MEETING - RECONVENED (CONTINUED) REPORT OF 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 Horvath. The motion carried by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent). REPORT FROM THE DIRECTOR OF THE DEPARTMENT OF HUMAN RESOURCES AND ECONOMIC DEVELOPMENT Mr. William Hojnacki, Director of the Department of Human Resources and Economic Development, indicated that Mr. Elroy Kelzenberg, Director of the Manpower Program, was to speak to the Council regarding the Summer Youth Employment Program. Mr. Hojnacki indicated that he had told Mr. Kelzenberg that he would probably speak anytime after 8:30 p.m., and for that reason, he was not yet present at the Council meeting. Mr. Hojnacki indicated that he could summarize the contents of Mr. Kelzenberg's presentation. He stated that it was anticipated that 1,200 young people would be employed through the summer months, and 120 would be employed directly by the city. The remainder of the youth would be employed by various non - profit groups throughout the city. The problem at present was that the city was waiting for word from Washington on the amount of money the city woul be receiving for the Manpower Program. He stated that the full allocation of summer funds might possibly not be received until July. He indicated that the city was going through an extensive program of supervision in the non - public sector. He felt the summer program was a good one and as many people would be hired this year as last year. Councilman Kopczynski wondered about the qualifications of a disadvantaged youth in order to be eligible for the program. Mr. Hojnacki indicated that there was an income criteria considered of about $6,000 to $7,000 per family based on the number of children, etc. He stated that the criteria was altered this year. He asked that any youths interested in the program bring a guardian or parent and furnish a social security card. Councilman Kopczynski asked for a copy of the criteria for eligibility, and Mr. Hojnacki indicated that he would send a copy to the councilmen. Council President Parent thanked Mr. Hojnacki for his presentation. (PETITION TO AMEND ZONING ORDINANCE (300 block of East LaSalle) 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: 300 block East LaSalle Street 2. The property is owned by Millrace, Inc. 3. A legal description of the property is as follows: A part of Lots 10, 11 and 12 of the Original Plat to the Town of Lowell, now the City of South Bend, Indiana, and a portion of the vacated first alley running East of Sycamore Street to the East Race, which alley is the first alley North of and parallel to LaSalle Avenue in the City of South Bend, Indiana; the first alley vacated East of Sycamore Street running North and South to the first alley North of the North line of LaSalle Avenue; and a part of Lots 27, 18 and 29 of the Plat of Miller and Green's Second Addition to the Town of Lowell, now the City of South Bend, Indiana, and a part of the West leg of the East Race, and the above several parcels are more particularly described as bounded by a line running as follows, viz: Beginning 86 feet East of the East line of vacated Sycamore Street on the North line of East LaSalle Avenue, in the City of South Bend, Indiana; thence North 323.69 feet (bearing assumed North); thence North 390- 30' -00" West 96.69 feet; thence North 500- 09' -31" East 92.00 feet; thence South 390- 30' -00" East 101.30 feet; thence North 790- 28' -56" East 7.00 feet; thence South 760- 42' -16" East 13.15 feet; thence South 560- 41' -29" East 21.48 feet; thence South 270- 46' -40" East 179.62 feet; thence South 370- 07' -00" East 16.18 feet; thence South 270- 10' -00" East 34.73 feet; thence South 220- 54' -40" East 37.24 feet; thence South 00- 00' -20" West 128.50 feet; thence West 235.04 feet to the place of beginning containing 1.835 acres more or less. 4. It is desired and requested that the foregoing property be rezoned from "D" Light Industrial Use and "F" Height and Area District to "A -3" High Density Residential - Office and Professional District. 5. It is proposed that the property will be put to the following use and the following building(s) will be constructed: One building of 13 stories containing a total of 200 one - bedroom dwelling units Housing for the Elderly under Section 8. 6. Number of off - street parking spaces to be provided: One per three dwelling units or a total of 66 parking spaces. An application for a variance has been filed with the Board of Zoning Appeals. 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. s/ G. A. Hickey, Vice- Pres., Millrace, Inc. REGULAR MEETING JUNE 9, 1975 REGULAR MEETING - RECONVENED (CONTINUED) Council President Parent indicated that action on the petition would be taken when the ordinance pertaining to it had first reading. ORDINANCES, SECOND READING ORDINANCE NO. 5835 -75 AN ORDINANCE APPROPRIATING $33,080.00 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 second reading. Councilman Newburn made a motion to amend the ordinance as amended in the Committee of the Whole, seconded by Councilman Horvath. The motion carried, with Councilman Kopczynski opposing. Councilman Taylor then made a motion to pass the ordinance, as amended, seconded by Councilman Newburn. The ordinance passed by a roll call vote of eight ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Horvath, Nemeth, Newburn and Parent) and one nay (Councilman Kopczynski). ORDINANCE NO. 5836 -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) - 1800 block of South Ironwood Drive. This ordinance had second reading. Councilman Horvath made a motion to pass the ordinance, seconded by Councilman Taylor. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent). ORDINANCE NO. 5837 -75 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 second reading. Councilman Serge made a motion to pass the ordinance, seconded by Councilman Taylor. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent). 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 second reading. Councilman Newburn made a motion to strike the ordinance from the Council's files, seconded by Councilman Horvath. The motion carried. ORDINANCE NO. 5838 -75 AN ORDINANCE APPROPRIATING $9,000 FROM THE LOCAL ROAD AND STREET FUND TO PROJECT R & S 71 -1975, LOGAN STREET FROM GRAND TRUNK AND WESTERN RAILROAD TRACKS NORTH TO BULLA STREET. This ordinance 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 (Counci Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent). ORDINANCE NO. 5839 -75 AN ORDINANCE TO APPROPRIATE $18,000 FROM THE LOCAL ROAD AND STREET FUND, AND $2,000 FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND TO PROJECT R & S 68, RECONSTRUCTION OF IRONWOOD ROAD FROM EDISON ROAD TO SOUTH BEND AVENUE (SR 23). This ordinance had second reading. Councilman Newburn 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. 5840 -75 AN ORDINANCE APPROPRIATING $16,200 FROM THE LOCAL ROADS AND STREETS FUND AND $1,800 FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND TO PROJECT R & S 69, 1975 RECONSTRUCTION OF CHAPIN STREET FROM WESTERN AVENUE TO WASHINGTON STREET. This ordinance had second reading. Councilman Newburn made a motion to pass the ordinance, seconded by Councilman Taylor. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent). ORDINANCE NO. 5841 -75 AN ORDINANCE APPROPRIATING $49,500 FROM THE LOCAL ROADS AND STREETS FUNDS AND $5,500 FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUNDS TO PROJECT R & S 70 -1975, MIAMI ROAD FROM KERN ROAD TO JACKSON ROAD. This ordinance had second reading. Councilman Newburn made a motion to pass the ordinance, seconded by Councilman Taylor. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent). REGULAR MEETING JUNE 9 1975 REGULAR MEETING - RECONVENED (CONTINUED) ORDINANCE NO. 5842 -75 AN ORDINANCE APPROPRIATING THE SUM OF $5,000.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND FOR PROJECT CS9 -1975, MIAMI HIGHWAY SANITARY SEWER EXTENSION. This ordinance had second reading. Councilman Taylor 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. 5843 -75 AN ORDINANCE FOR THE TRANSFER OF FUNDS WITHIN THE FIRE DEPARTMENT BUDGET IN THE AMOUNT OF $5,000.00 FROM LINE ITEM 110, "SERVICES PERSONAL ", TO LINE ITEM 262, "MEDICAL-SURGICAL- DENTAL", BOTH ACCOUNTS BEING WITHIN THE FIRE DEPARTMENT BUDGET OF THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. This ordinance had second reading. Councilman Szymkowiak 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). RESOLUTIONS RESOLUTION NO. 485 -75 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A CHANGE ORDER FOR ONE CONTRACT IN EXCESS OF $5,000 FOR 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, a change order for one property to be rehabilitated under the Neighborhood Development Program will increase the original contract amount to exceed $5,000. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana: 1. That approval be granted to the Redevelopment Commission of the City of South Bend, Indiana, to amend their contract with Madison Builders, Inc., by means of a change order for rehabilitation work at 1107 South Carroll Street, South Bend, Indiana. The original contract price of $4,993.00 approved and awarded by the Redevelopment Commission on December 13, 1974, will be increased by $160.00 for an amended contract total of $5,153.00. The items and quantities of work contained in Change Order No. 1, Contract No. 14, are as follows: a. Install three (3) sections of 4" soil pipe with appropriate accessories. b. Excavate a 4' x 4' x 5' area to tap into primary sewer and fill to level. C. Repair foundation and waterproof as needed. d. All work to be done in accordance with the South Bend Plumbing Code. 2. 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/ Roger 0. Parent Member of the Common Council A public hearing was held at this time on the resolution. Mr. Keith Crighton, Director of the Bureau of Housing, explained that the original contract had been approved in December at a contract price of $4,993 with Madison Builders, Inc. for rehabilitation work at 1107 South Carroll Street. He stated that three additional sections of soil pipe were needed and this was not discovered until just recently. The amount of the contract would be increased $160. There were no comments or questions. Councilman Miller 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). IRESOLUTION NO. 486 -75 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE AWARDING OF EIGHT CONTRACTS IN EXCESS OF $5,000 FOR 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 eight 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 JUNE 9, 1975 REGULAR MEETING - RECONVENED (CONTINUED) RESOLUTION NO. 486 -75 (CONTINUED) 1. That approval be granted to the Redevelopment Commission of the City of South Bend, Indiana, to enter into a contract with Ted Combs Decorating and Construction Company for the rehabilitation of the following properties: 58 Haney's 226 E. Pennsylvania $6,326.63 15 Bowman's 3rd 217 E. Calvert Street 6,470.53 2. That approval be granted to the Redevelopment Commission of the City of South Bend, Indiana, to enter into a contract with Barany Heating & Sheet Metal, Inc. for the rehabilitation of the following properties: 247 Wenger's Homestead 706 E. Wenger Street 5,844.00 36 Elder Place Addition 238 E. Elder Street 7,823.00 87 Wenger's 4th 621 E. Keasey Street 6,380.50 14 -15 DuBail's 1st 217 E. Dayton Street 7,103.00 6 Keasey's Sub. 113 E. Keasey Street 5,243.00 H Studebaker lst 628 E. Indiana Avenue 5,362.00 3. 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/ Roger 0. Parent Member of the Common Council A public hearing was held at this time on the resolution. Mr. Keith Crighton, Director of the Bureau of Housing, indicated that the bids were received and referred to the Common Council because they were in excess of the $5,000 amount. He stated that approval was needed for a con- tract with Ted Combs Decorating and Construction Company for the rehabilitation of 226 East Pennsylvania in the amount of $6,326.63 and 217 East Calvert Street in the amount of $6,470.53. Approval also was needed for a contract with Barany Heating and Sheet Metal, Inc. for the rehabili. tation of 706 East Wenger in the amount of $5,844.00; 238 East Elder in the amount of $7,823.00; 621 East Keasey in the amount of $6,380.50; 217 East Dayton in the amount of $7,103.00; 113 East Keasey in the amount of $5,243.00; and 628 East Indiana in the amount of $5,362.00. Councilman Kopczynski wondered who the owner of Barany Heating was, and Mr. Crighton indicated that Ernest J. Barany was the owner. Councilman Miller wondered how many contracts had been let to date, and Mr. Crighton indicated that 43 units were under contract. As of this evening, hopefu: there would be 53 units. He stated that the final contracts would be opened June 17th and this would complete the revenue sharing funds available. He stated that all of the $438,000 allocated would be expended. He indicated that the total rehabilitation would be for 68 homes, 12 homes would have minor rehabilitation and there were other miscellaneous items such as exterminations, etc. A total of 89 homes would be affected. Councilman Miller felt the program was a good one, and he commended Mr. Crighton and the Bureau of Housing. He felt the project was a good example o: spending revenue sharing funds. Councilman Miller made a motion to adopt the resolution, seconded by Councilman Serge. 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 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 ALFRED ZEILER, JR. This ordinance had first reading. Councilman Kopczynski made a motion to set the ordinance for public hearing and second reading on June 23, 1975, seconded by Councilman Horvath. The motion carried. ORDINANCE AN ORDINANCE PROVIDING FOR THE FINANCING AND ACQUISITION OF AN ECONOMIC DEVELOPMENT PROJECT AND THE LEASING OF THE SAME TO ST. JOSEPH DEVELOPMENT CO., INC., AN INDIANA CORPORATION; AUTHORIZING THE SUBLETTING OF PORTIONS OF SUCH PROJECT TO, AMONG OTHERS, ST. JOSEPH BANK AND TRUST COMPANY, AN INDIANA BANKING ASSOCIATION; AUTHORIZING THE ISSUANCE AND CONFIRMING THE SALE OF $2,300,000 PRINCIPAL AMOUNT OF ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 1975 (ST. JOSEPH DEVELOPMENT CO., INC. PROJECT) FOR THE PURPOSE OF PAYING THE COST OF FINANCING AND ACQUIRING THE ECONOMIC DEVELOPMENT PROJECT AND NECESSARY EXPENSES INCIDENTAL THERETO; AUTHORIZING THE EXECUTION AND DELIVERY OF AN INDENTURE SECURING THE BONDS; APPROVING THE FORM OF A SUBLEASE FROM ST. JOSEPH DEVELOPMENT CO., INC. TO ST. JOSEPH BANK AND TRUST COMPANY; AND PRESCRIBING OTHER MATTERS PERTAINING THERETO. This ordinance had first reading. Councilman Taylor made a motion to set the ordinance for public hearing and second reading on June 23, 1975, seconded by Councilman Miller. The motion carried. .ly 3 REGULAR MEETING JUNE 9, 1975 REGULAR MEETING - RECONVENED (CONTINUED) 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) - 300 block of East LaSalle Street. This ordinance had first reading. Councilman Taylor made a motion to refer the ordinance, along with the petition, to the Area Plan Commission, seconded by Councilman Miller. The motion carried ORDINANCE NO. 5844 -75 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF SOUTH BEND, INDIANA, AND THE ECONOMIC DEVELOPMENT ADMINISTRATION. This ordinance had first reading. Councilman Miller 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. Warren Deahl, Attorney at Law practicing in the First Bank Building, indicated that the ordinance would approve a $5 million grant for the acquisition of South Bend Lathe, Inc., a division of Amsted Industries. He stated that Amsted Industries had endeavored to sell but had been unsuccessful and the possibility of liquidation had to be considered. The $5 million grant would impose certain restrictions and an Industrial Revolving Fund of South Bend would be established. He indicated that the grant would be a loan at a rate not to exceed three percent and not to exceed twenty -five years. Once the loan has been repaid from the new company, there would be in the Industrial Revolving Fund monies to be reloaned on favorable terms. He referred to the trust agreement attached to the ordinance, indicating that the proceeds would be used to promote and finance the use of Employee Stock Ownership Plans to assist companies in South Bend which are threatened with closing and to effect economic adjustment within South Bend in any other manner consistent with the Public Works and Economic Development Act of 1965; and for industrial purposes consistent with the Act as may be allowed by grant amend- ment. He stated that the trust agreement would be administered by a Board of Directors or committ which would consist of five members appointed by the Mayor as follows: The Director of the Manpow Program, the Controller of the city, the Trustee, the President of the Industrial Foundation, and the Director of the Industrial Council and Human Resources Division of the South Bend - Mishawaka Area Chamber of Commerce. Mr. Deahl indicated that any subsequent loans would be subject to the approval of the Economic Development Administration. The monies coming to the city would enable a new South Bend Lathe to acquire assets and continue the operation of the industry. He requested the Council's favorable consideration on the ordinance. It was indicated that an amendment was needed to page 3 of the Trust Agreement where it was stated the Director of the Manpower Program would serve on the Board of Directors. Mr. Deahl asked that the Council amend page 3 by changing subparagraph (a) to: Director of Human Resources and Economic Development of the City. Councilman Nemeth made a motion to amend page 3 of the Trust Agreement as follows: Subparagraph 4,(a) to read: The Director of Human Resources and Economic Development of the City. The motion was seconded by Councilman Newburn. The motion carried. Councilman Nemeth then made a motion to pass the ordinance, as amended, seconded by Councilman Kopczynski. Council, President Parent felt the grant was unique in that the grant was not an outright grant but would set up a revolving fund to help industry in the future. He felt this was significant for the City of South Bend. 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 APPROPRIATING $25,000.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC SAFETY PROGRAMS, TO BE ADMIN- ISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC SAFETY. This ordinance had first reading. Councilman Taylor made a motion to refer the ordinance to the Public Safety Committee and also set it for public hearing and second reading on June 23, 1975, seconded by Councilman Serge. The motion carried. NEW BUSINESS Councilman Serge indicated that 138 home owners living in the vicinity of Boland Park had reques an access to the park from Bendix Drive rather than Tomahawk Trail. He stated that the petition had been filed with the Board of Public Works and he hoped the City Engineer would consider the request once Bendix Drive was widened. There being no further business to come before the Council, unfinished or new, Councilman Nemeth made a motion to adjourn, seconded by Councilman Kopczynski. The motion carried, and the meeting adjourned at 8:45 p.m. ATTEST: CIT CLERK APPROVED: N 1++++++++++++++++++++++++++++++++++++++++++++ + + + + + + + + + + + + + + + + + + + + + * + + + + + + + ++ 'f