HomeMy WebLinkAbout08-25-75 Council Meeting MinutesREGULAR MEETING
Be it remembered that the Common Council of the City f AUGUST 25, 1975
the County -City Building on Monday, South Bend met in the Council Chambers o
Parent presiding. August 25, 1975, at 4:00 f
g• The meeting was called to order and the Pledge to the Fla was
p.m., Council President Roger 0.
ROLL CALL g given.
PRESENT: Councilmen Serge, Szymkowiak,
Milder, Taylor, Kopczynski,
Horvath, Nemeth, Newburn and
Parent
ABSENT: , None.
Councilman Taylor made a motion to resolve into the C
Horvath. The motion carried. ommittee of the Whole, seconded by Councilman
COMMITTEE OF THE WHOLE MEETING
Be it remembered that the Common Council of the City f
Whole on Monday, August 25,, 1975, at 4:01 Y South Bend met in the Committee of the
presided.. p.m., with nine members present. Chairman Odell Newbur
n
ORDINANCE AN ORDINANCE APPROPRIATING $25,000.00 FRO M
THE COMMUNITY DEVELOPMENT GRANT FUND 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
opponents were given an o Public hearing on the above ordinance, proponents and
neetin PPortunity to be heard (this ordinance continued from the August 11th
5)• Councilman Miller made a motion to refer the ordinance to the Public Works Committee,
2196
REGULAR MEETING AUGUST 25, 1975
COMMITTEE OF THE WHOLE MEETING (CONTINUED)
seconded by Councilman Kopczynski. Councilman Taylor indicated that the issue was whether or not
sidewalks should be constructed along the north end of the Erskine Golf Course. He felt the side-
walks should be constructed and another delay on the ordinance was only putting off a decision.
He felt the sidewalks were warranted because of the Scottsdale Mall, the ice cream parlor across
the street and the Jackson School. He also felt the city had an obligation to construct the side-
walks on its property. He wondered when the sidewalks would be constructed if approved, and Mr.
Rollin Farrand, Director of the Department of Public Works, indicated that the plans have been
completed and the project could be advertised immediately. Councilman Horvath indicated that he
had talked to Mr. Farrand and Mr. Farrand had stated that he was not quite sure if sidewalks in
that area was the best way to go. He felt that most of the councilmen wanted to study the matter
further. Councilman Taylor indicated that he had seen many people walking along the road in that
area. He felt the matter was a safety issue. There was a call for the question. The motion
carried, with Councilmen Serge and Taylor opposing.
ORDINANCE AN ORDINANCE APPROPRIATING $3,400.00 FROM
THE FEDERAL ASSISTANCE GRANT COMMONLY
REFERRED TO AS GENERAL REVENUE SHARING,
FOR THE REVISION OF THE SOUTH BEND
MUNICIPAL CODE, TO BE ADMINISTERED BY THE
CITY OF SOUTH BEND THROUGH ITS LAW DEPARTMENT.
This being the time heretofore set for public hearing on the above ordinance, proponents and
opponents were given an opportunity to be heard. Mr. James Roemer, City Attorney, made the pre-
sentation for the ordinance. He explained that the ordinance would pay for the supplementing of
the code. He explained the difference of a recodification, which was done in 1971, and the
supplementing which would involve the insertion of all ordinances of a permanent nature passed
since 1971 into the present code. He indicated that the contract had not yet been awarded and
consideration would probably be given to the Callaghan Company or the Municipal Code Corporation.
Mr. Gene Evans, Executive Secretary of the Civic Planning Association, wondered if a breakdown
could be given for the $3,400. He wondered what this appropriation would include. Mr. Roemer
listed the bid from Callaghan as an example. He stated that that bid was $2,150 for 100 copies.
He stated that these companies charge a fixed price per page. Mr. Evans wondered if it would be
better to wait every three or four years to have the supplements prepared or budget an amount
every year for annual supplements. Mr. Roemer indicated that this had been a consideration.
Councilman Nemeth indicated that the Law Committee recommended that the ordinance be passed, and
he made a motion to recommend the ordinance favorably to the Common Council, seconded by Council
Serge. The motion carried.
ORDINANCE AN ORDINANCE TRANSFERRING $6,000.00 FROM
ACCOUNT Q -11, "SALARIES ", TO ACCOUNT Q -251,
"REPAIR OF BUILDINGS AND STRUCTURES ", BOTH
ACCOUNTS BEING WITHIN THE FIRE DEPARTMENT
BUDGET WITHIN THE GENERAL FUND.
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 the transfer would be made in order to install
aluminum siding on Fire Station No. 9 located at 2520 Mishawaka Avenue. There were no comments
or questions.
Councilman Serge made a motion that the ordinance be recommended favorably to the Common Council,
seconded by Councilman Miller. The motion carried.
ORDINANCE AN ORDINANCE APPROVING THE FORM AND TERMS
OF A LEASE BETWEEN THE SOUTH BEND CIVIC
CENTER BUILDING AUTHORITY AND THE CITY OF
SOUTH BEND, INDIANA, AND AUTHORIZING THE
EXECUTION THEREOF PERTAINING TO THE SOUTH
BEND CIVIC CENTER.
This being the time heretofore set for public hearing on the above ordinance, proponents and
opponents were given an opportunity to be heard. Mr. Richard Rosenthal, Chairman of the Civic
Center Authority, made the presentation for the ordinance. He hoped the Council would act
favorably on the 25 -year lease with the authority at a cost of $456,000 annually. He also urged
that the Council approve the following two ordinances concerning leases with the Hotel -Motel Tax
Board of Managers and the South Bend Community School Corporation.
Councilman Taylor wondered when the revenue sharing funds would be "untied" for other city uses.
Mr. Rosenthal indicated that the revenue sharing funds were being dedicated to the program becaus
the projected collection was some $400,000 short of the $1.4 million goal. Additional funds were
being requested because the Island Park and White Water Rapids were not included in the construc-
tion of the building, and an Economic Development Administration grant had been received. He
indicated that the bond issue was dependent upon responsible accounting and the total cost of the
construction being made available. He felt the $1.4 million would be raised. Councilman Horvath
wondered if the revenue sharing money would be released back to the city if the whole amount was
not needed. Mr. Rosenthal indicated that he could not definitely answer that question. He state
that he felt any money not expended would come back to the city. Mr. Rollin Farrand, Director of
the Department of Public Works, stated that, if there was cash flow during the construction perio
the commitment of $1.4 million could be reduced. Councilman Horvath felt that revenue sharing
funds had been used in the past as a part of the city's operational budget and he felt some proje
might not be completed during the next year because of the amount going to the Civic Center. He
reminded the councilmen of that fact should some of their programs not be completed in 1976 becau
the funds were not available. Councilman Taylor wondered if construction of the Civic Center wou
take care of the remaining matching funds that the city would have to pay on the downtown project
(R -66). Mayor Miller indicated that the matching funds would be taken care of. He stated that
the city was way over on the matching funds.
s
REGULAR MEETING AUGUST 25-1 1975
COMMITTEE OF THE WHOLE MEETING (CONTINUED)
Councilman Miller made a motion that the ordinance be recommended favorably to the Common Council,
seconded by Councilman Serge. The motion carried, with Councilman Horvath opposing.
ORDINANCE AN ORDINANCE APPROVING THE FORM AND TERMS
OF AN AGREEMENT OF OPERATIONS BETWEEN ST.
JOSEPH COUNTY HOTEL -MOTEL TAX BOARD OF
MANAGERS AND SOUTH BEND CIVIC CENTER BOARD
OF MANAGERS AND CITY OF SOUTH BEND, AND
AUTHORIZING THE EXECUTION THEREOF PER-
TAINING TO THE SOUTH BEND CIVIC CENTER.
This being the time heretofore set for public hearing on the above ordinance, proponents and
opponents were given an opportunity to be heard. Councilman Miller indicated that this ordinance
was a continuation of the public hearing for the preceding ordinance. He stated that an amendment
was needed to the lease which involved wording changes and would not result in a substantive change
He made a motion to amend the lease agreement as shown on the printed handout, seconded by
Councilman Kopczynski. Councilman Nemeth questioned the method of amending the lease, and he
stated that he felt the amendments should be read rather than just being referred to. Councilman
Miller itemized the proposed amendments as follows:
In the paragraph entitled "Operations ", delete the entire section and substitute the
following:
The question of the convention facility shall be under the direction of the
Century Center Board. The Century Center Board and the Board of Managers
agree to establish a joint committee made up of three (3) members from the
Century Center Board and three (3) members from the Board of Managers. The
duties of the joint committee shall be to consider and make recommendations
to the Century Center Board with respect to the following specified matters:
A. The preparation of rules and regulations for the operation of the
convention facility, provided it shall be the purpose of those rules
and regulations to promote the operation of the facility for convention
purposes.
B. The hiring and discharging of all salaried personnel utilized in the
convention facility, provided that the joint committee may recommend
policies to govern the hiring and discharging of all such salaried
personnel.
C. The preparation of budgets for the operation of the convention facility.
D. Accounting procedures for the determination of profit and loss of the
operation of the convention facility shall be taken into account in
determining profit and loss, except upon agreement by both boards, and
provided further, that the determination of profit and loss for the
operation shall be determined by sound accounting procedures as
established by a certified public accountant approved by both boards.
E. Rates and charges for all persons, groups or organizations utilizing
the convention facility for convention purposes.
Proposals and recommendations made by the joint committee shall not be binding
upon the Century Center Board, but the Century Center Board shall give such
consideration to the proposals and recommendations as it shall see fit consistent
with the exercise of itsstatutory duties and responsibilities.
In the paragraph entitled "Mediation and Arbitration ", insert the following:
In the event the joint committee is unable to agree by concurrence of four of
its members with respect...
In the paragraph entitled "Revenues ", add the following to the second paragraph:
...the separate and additional net income earned for the utilization of non
convention facilities shall...
In the paragraph entitled "Parking ", delete the entire section and substitute the
following:
It is understood and agreed that approximately 360 parking spaces will be
made available on site for the convention facility, at least until such time
that 500 spaces are available adjacent to the site, and that when conventions
are in progress, such spaces shall be made available for utilization by persons
attending the conventions. All parking revenues at times when the facility
is being used for conventions shall be treated as convention facility revenues
only for the purpose of determining any loss which the Board of Managers may be
responsible to pay unless such revenues are pledged to the operation, maintenance,
or retirement of revenue bonds issued in connection with the construction of
parking garages or the municipal parking facilities. Said parking issue is
contingent upon the successful prosecution of the necessary revisions to the
South Bend Redevelopment Plan.
After the paragraph entitled "Losses ", insert the following paragraph:
Board of Managers Reservation of Right to Discontinue its Obligation to Pay
For Losses From Operations. In the event the Century Center Board fails to
comply with the provisions of Paragraph 11 hereinabove, and /or takes any action
REGULAR MEETING AUGUST 25, 1975
COMMITTEE OF THE WHOLE MEETING (CONTINUED)
with respect to the matters specifically set forth in sub -parts "A" through
"E" of Paragraph 8 hereinabove, (1) without receiving a recommendation from
the joint committee described in Paragraph 8 (except where an emergency exists
and reasonably precludes referring of the matter to the joint committee for
its recommendation), or (2) contrary to the recommendation of such joint
committee, then the Board of Managers, pursuant to an officially adopted
resolution adopted at a meeting called for that purpose, may, within a
reasonable time thereafter furnish written notice to the Mayor of the City
of South Bend of its intention to discontinue its obligation to pay losses as
provided in Paragraph 13 hereinabove, as well as any other obligations of
support to the convention facility or its operation, not specified herein, to
which it may hereafter commit itself our of Hotel -Motel Tax revenues. Such
notice shall be served upon the Mayor of the City of South Bend either
personally or by Certified Mail, return receipt requested, and shall inform
the Mayor of the City of South Bend of the specific action or decision of the
Century Center Board to which the Board of Managers takes exception and advising
of its intent to invoke the provisions of this Paragraph relating to the dis-
continuance of its obligation to pay such losses or additional support. The
City of South Bend shall have fourteen (14) days following receipt of such
notice to receive a reversal of action or decision on the part of the Century
Center Board. If such action or decision of the Century Center Board is
vacated, set aside or reversed, the Board of Managers shall not be entitled
to discontinue its obligation to pay losses or additional support with respect
to such action or decision of the Century Center Board. If the decision or
action of the Century Center Board is not vacated, set aside or reversed within
such fourteen (14) day period, the Board of Managers shall be entitled to dis-
continue its obligation to pay losses or additional support at such time as it
shall designate.
Nothing contained herein shall relieve the Board of Managers of its responsibility
to make the $150,000.00 annual payment provided for in Paragraph 3, which obliga-
tion shall continue in effect so long as the Century Center Board operates and
uses the convention facility for convention purposes as provided in this
Agreement. Any discontinued obligations of the Board of Managers shall become
the obligation of the Century Center Board.. No action or failure to act on the
part of the Board of Managers, except by official resolution, shall constitute
a waiver of its right hereunder at any time. The remedy provided herein is not
exclusive.
Mr. Rollin Farrand, Director of the Department
the lease be numbered and this be included in
Miller and Councilman Kopczynski. Mr. Farrand
of Public Works, requested that the paragraphs of
the amendment. This was agreed to by Councilman
set forth the numbered paragraphs as follows:
Section 1. Purpose
Section 2. Agreement
Section 3. Payment of the Terms of This Agreement
Section 4. Designated Space
Section 5. Scheduling
Section 6. Equipment
Section 7. Common Space
Section 8. Operations
Section 9. Mediation and Arbitration
Section 10. Liability
Section 11. Revenues
Section 12. Parking
Section 13. Losses
Section 14. Board of Managers Reservation of Right to Discontinue its Obligation to
Pay for Losses From Operations
Section 15. Severability
The motion to amend the lease agreement carried. Councilman Horvath indicated that it was stated
in the lease that the first payment would not be made until 1978. He asked about this, and Mr.
Fred Kahn, member of the Civic Center Authority, indicated that the rental could not be collected
until the building was ready for use and this was the reason for the delayed date of 1978. Counc
man Miller indicated that there also was an unofficial agreement that part of the monies being
collected now would be used toward furnishing the facility.
Councilman Taylor made a motion that the ordinance be recommended favorably, as amended, to the
Common Council, seconded by Councilman Kopczynski. The motion carried.
ORDINANCE AN ORDINANCE APPROVING THE FORM AND TERMS
OF A LEASE AGREEMENT BETWEEN THE CITY OF
SOUTH BEND, INDIANA, AND THE SOUTH BEND
COMMUNITY SCHOOL CORPORATION AND AUTHORIZING
THE EXECUTION THEREOF PERTAINING TO THE SOUTH
BEND CIVIC CENTER.
This being the time heretofore set for public hearing on the above ordinance, proponents and
opponents were given an opportunity to be heard. Councilman Miller indicated that this ordinance
was a continuation of the public hearing for the preceding two ordinances. Councilman Nemeth
wondered if it would be possible to collect the money for operations in the future as the lease
was worded, and Mr. Rosenthal indicated that this was simply to reimburse the city. Mr. Joseph
Bradley, on the staff of the City Attorney, indicated that payments would be made twice a year to
the city and were not pledged to be used in any particular manner. Councilman Nemeth indicated
that the South Bend Community School Corporation had the right to sublease according to the lease
agreement. He wondered if the city should be able to approve this. He indicated that there was
no provision for city approval in the lease. Mr. Bradley indicated that the terms of a sublease
must still fall within the terms of the lease between the city and the school corporation. He
felt there would be no problem and approval of the city would not be needed. Mr. James Roemer,
City Attorney, indicated that Councilman Nemeth had a good point and he felt the lease could be
REGULAR MEETING AUGUST 25 1975
((COMMITTEE OF THE WHOLE MEETING (CONTINUED)
changed to allow for approval by the city of any sublease. Councilman Miller indicated that the
school corporation had already approved and signed the lease. He felt the school corporation woul
have the same interests at heart that the city had and there would be no need to have approval by
the city of any sublease. He felt the concern was not substantial. Council President Parent
indicated that he agreed with Councilman Nemeth; however, in view of the fact that the school
corporation had already agreed to the terms of the lease, he wondered if the lease could be
approved in its present form and, if needed, an amendment could take place in the future. Mr.
Roemer concurred with Council President Parent, indicating that he felt this was the best way to
handle the situation. Council President Parent asked the City Clerk to send a copy of the excerpt
of the Council minutes to Mr. Roemer and Mr. Rosenthal as a reminder of the Council's concern.
(Councilman Miller made a motion that the ordinance be recommended favorably to the Common Council,
seconded by Councilman Taylor. The motion carried.
ORDINANCE AN ORDINANCE APPROPRIATING MONEYS FOR THE
PURPOSE OF DEFRAYING THE EXPENSES OF THE
SEVERAL DEPARTMENTS OF THE CITY GOVERNMENT
OF THE CITY OF SOUTH BEND, INDIANA, FOR
THE FISCAL YEAR BEGINNING JANUARY 1, 1976,
AND ENDING DECEMBER 31, 1976, INCLUDING
ALL OUTSTANDING CLAIMS AND OBLIGATIONS,
AND FIXING A TIME WHEN THE SAME SHALL TAKE
EFFECT.
This being the time heretofore set for public hearing on the above ordinance, proponents and
opponents were given an opportunity to be heard. Mayor Miller made the presentation for the
ordinance. He indicated that the 1976 budget was not in excess in the line items. He stated that
some amendments would be made concerning salaries and fringe benefits. He indicated that the budg
reflected a slight increase in the General Fund; likewise there was a slight increase in the
valuation figures. He indicated that the police foot patrol, funds for the Civic Center, the
maintenance of River Bend Plaza, and police computer programs were proposed to be included in the
1976 budget where, in the past, they had been paid for out of revenue sharing funds. Mr. James
Barcome, City Controller, requested that the Council amend the ordinance as follows:
Page III. Total Tax Valuations
Page 1
Page 2
Page 4
Page 5
Page 6
Page 8
Page 9
Page 10
Page 11
Page 13
Cost Center
01 Mayor
02 Controller
03 City Clerk
04 Human Resources and
Economic Development
05 City Attorney
07 Barrett Law
08 Board of Works
Line Item
0110.0
0100
Cost Center Total
0110.0
0100
0620.0
0630.0
0640.0
0600
Cost Center Total
0110.0
0100
Cost Center Total
0110.0
0100
Cost Center Total
0110.0
0100
Cost Center Total
0110.0
0100
Cost Center Total
0110.0
0100
Cost Center Total
09 Department of Safety 0110.0
0100
Cost Center Total
10 Morris Auditorium
11 City Engineer
0110.0
0100
Cost Center Total
0110.0
0100
Cost Center Total
$281,663,380
$ 38,416
38,416
45,291
104,526
104,526
80,735
99,505
255,356
435,596
787,322
35,559
35,559
40,304
24,652
24,652
26,302
55,442
55,442
58,242
27,126
27,126
28,326
16,302
16,302
1,033,586
24,252
24,252
29,202
27,748
27,748
55,088
158,574
158,574
165,074
Page 14 12 Bureau of Buildings and
Permits 0110.0 113,958
0100 114,231
Cost Center Total 118,726
REGULAR MEETING AUGUST 25, 1975
COMMITTEE OF THE WHOLE MEETING (CONTINUED)
Page
15
14
Bureau of Cemeteries
0110.0
$ 9,695
Lighting
0110.0
35,285
0120.0
43,848
0120.0
101,525
0100
53,543
0100
162,758
Cost
Center Total
59,748
Page
16
15
Police Department
20
0110.0
3,459,779
Society
0120.0
119,048
0100
0100
3,668,827
Cost
Center Total
Cost
Center Total
4,118,218
Page
18
16
Fire Department
0110.0
3,149,236
0100
68,995
0100
3,213,664
Center Total
82,795
Page
25
Cost
Center Total
3,452,966
Page
20
17
Weights and Measures
0110.0
21,783
Cost
Center Total
0100
21,783
26
48
Bureau of Environmental
Cost
Center Total
24,018
Page
21
19
Bureau of Traffic and
Lighting
0110.0
35,285
0120.0
101,525
0100
162,758
Cost
Center Total
222,558
Page
23
20
Studebaker Historical
Society
0110.0
7,016
0100
7,016
Cost
Center Total
8,076
Page
24
21
Bureau of Communications
0110.0
68,995
0100
68,995
Cost
Center Total
82,795
Page
25
47
Bureau of Employee Safety
0110.0
10,116
0100
10,116
Cost
Center Total
11,391
Page
26
48
Bureau of Environmental
Control
0110.0
52,390
0100
52,390
Cost
Center Total
90,210
Page
27
92
Bureau of Vehicle
Maintenance
0110.0
44,720
0120.0
169,438
0100
226,758
Cost
Center Total
427,608
Page
28
93
Bureau of Building
Maintenance
0110.0
28,511
0120.0
17,805
0100
49,466
Cost
Center Total
350,391
Page
29
97
Mayor's Action Center
0110.0
15,022
0100
15,022
Cost
Center Total
15,722
Page
31A
Grand Total - General
Services Personal
8,262,582
Current Obligations
435,596
Total General Fund
11,405,270
Page
32
24
Park Department
0110.0
323,992
0120.0
1,081,172
0100
1,526,964
0620.0
89,328
0630.0
110,094
0640.0
40,878
0600
240,300
Cost
Center Total
2,249,063
Page
35
23
Bureau of Streets
0110.0
220,557
0120.0
592,945
0100
943,282
0620.0
55,182
0630.0
68,011
0640.0
26,131
0600
149,324
Cost
Center Total
1,403,306
Page
37
28
Human Rights
0110.0
44,184
0100
44,184
0620.0
2,585
0630.0
3,186
0640.0
1,193
0600
6,964
Cost
Center Total
57,748
REGULAR MEETING AUGUST 25f 1975
ICOMMITTEE OF THE WHOLE MEETING (CONTINUED)
Page 54 Motor Vehicle Highwa
Line 1 $ 1,403,306
Line 5 2,182,641
Line 10 156
Line 12 1,194
Park Maintenance
Line 1
2,249,063
Line 5
3,419,403
Line 10
1,743,032
Line 12
1,744,583
Human Rights
Line 1
57,748
Line 5
90,152
Line 10
52,435
Line 12
53,256
Corporation General
Levy on Property Amount to be Raised
Park Maintenance 0.6194 $ 1,744,583
Motor Vehicle Highway 0.000424 1,194
Human Rights 0.0189 53,256
Urban Redevelopment Bond Fund 0.145 408,411
Total 5.1047 14,3781096
Page 61 Urban Redevelopment 0.145 (Proposed 1976)
Bond Fund
Total 5.1047
Councilman Nemeth made a motion to amend the ordinance as indicated by Mr. Barcome, seconded by
Council President Parent. Mr. Gene Evans, Executive Secretary of the Civic Planning Association,
wondered if Account 620 should be reduced in the Corporation General Fund. Mr. Barcome indicated
that any reduction in social security would be based on a reduction in employees. Mr. Evans felt
that, if the wages were reduced, the social security should be reduced accordingly. Councilman ,
Miller indicated that there were other adjustments to be made and this was the reason the social
security had not been reduced. Mr. Evans questioned the reduction in the salary account for the
Police Department and the addition of that amount to be overtime account. It was indicated that
the figure for social security in the Corporation General Fund was correct. It was further
indicated that the increase in the overtime account took into consideration the educational incen-
tive, hazard pay, etc., which had been approved by the Council at the time the salaries were
adopted. Mr. Evans indicated that the ordinance last year had only been read in total amounts. H
questioned this again this year. He felt the entire budget should be read. The motion to amend
carried.
Council President Parent indicated that, since the budgets were submitted on August 4th, much
consideration and study had been had on the issue. He stated that cuts had to be made in the
amount of $486,000. After the adjustments in the salaries and fringe benefits, the amount of
$278,028 had to be cut in order to come down to the frozen tax rate. He made a motion to further
amend the ordinance as follows:
Line 1
11,405,270
Line 5
19,279,884
Line 8B
1,718,643
Line 9
10,036,401
Page 55
Urban Redevelopment Bond
Line 1
438,940
Line 2
253,695
Line 5
692,635
Line 10
406,571
Line 11
1,840
Line 12
408,411
Page 56
Corporation General
Column A
Column B
Hotel Licenses
-0-
372
Police School Liaison
-0-
18,000
Totals
NC
1,027,781
Page 59
Redevelopment Bond Fund
Principal
Interest Total
Bond of 1966
-0-
-0 -, -0-
Bonds of 1968
10,440.00 97,440.00
Bonds of 1972
141,500.00 341,500.00
Total
287,000.00
151,940.00 438,940.00
Page 60
Net Taxable Property
281,663,380
Total Levy on Properties
5.1047
Levy on Property Amount to be Raised
Park Maintenance 0.6194 $ 1,744,583
Motor Vehicle Highway 0.000424 1,194
Human Rights 0.0189 53,256
Urban Redevelopment Bond Fund 0.145 408,411
Total 5.1047 14,3781096
Page 61 Urban Redevelopment 0.145 (Proposed 1976)
Bond Fund
Total 5.1047
Councilman Nemeth made a motion to amend the ordinance as indicated by Mr. Barcome, seconded by
Council President Parent. Mr. Gene Evans, Executive Secretary of the Civic Planning Association,
wondered if Account 620 should be reduced in the Corporation General Fund. Mr. Barcome indicated
that any reduction in social security would be based on a reduction in employees. Mr. Evans felt
that, if the wages were reduced, the social security should be reduced accordingly. Councilman ,
Miller indicated that there were other adjustments to be made and this was the reason the social
security had not been reduced. Mr. Evans questioned the reduction in the salary account for the
Police Department and the addition of that amount to be overtime account. It was indicated that
the figure for social security in the Corporation General Fund was correct. It was further
indicated that the increase in the overtime account took into consideration the educational incen-
tive, hazard pay, etc., which had been approved by the Council at the time the salaries were
adopted. Mr. Evans indicated that the ordinance last year had only been read in total amounts. H
questioned this again this year. He felt the entire budget should be read. The motion to amend
carried.
Council President Parent indicated that, since the budgets were submitted on August 4th, much
consideration and study had been had on the issue. He stated that cuts had to be made in the
amount of $486,000. After the adjustments in the salaries and fringe benefits, the amount of
$278,028 had to be cut in order to come down to the frozen tax rate. He made a motion to further
amend the ordinance as follows:
REGULAR MEETING AUGUST 25, 1975
COMMITTEE OF THE WHOLE MEETING (CONTINUED)
Common Council
110
721
725
Police Department
540
Fire Pension
213
260
532
Police Pension
213
260
532
Art Association
500
Attorney, Temporary
Furniture and Fixtures
Office Equipment
Clothing Allowance
Travel Expense
Other Contractuals
Pensions Personnel
Travel Expense
Other Contractuals
Pensions Personnel
Current Charges
Current Year
Current Year
$ 13,000.00
500.00
750.00
91,430.00
-0-
-0-
282,727.40
-0-
-0-
94,755.50
32,577.00
Councilman Nemeth seconded the motion to amend the ordinance further. The motion carried. Mr.
Evans read the following statement of the Civic Planning Association into the record:
South Bend Common Council
County -City Building
South Bend, Indiana
Gentlemen:
August 25, 1975
First, may we take this opportunity to thank you for the time you spend
serving this community. We recognize the difficulty in reaching wise and fair
decisions and for your study and deliberations we thank you.
You may recall last year at this time we were dealing with the computerized
budget for the first time and we stated that we would make a number of suggested
changes in the format for 1976. We did make those suggestions, about 15 in all,
and we are disappointed that so few of our ideas were incorporated by the city
administration. We shall keep trying.
We shall be asking specific questions on some of the budgets but we note that
the cost of travel in this budget is $26,500 while the expenses thru July amount to
about $9,000, or roughly $18,000 for the year. This would indicate a possible saving
of about $8,000 if the travel accounts were collected into one account. We're not
sure of the wisdom of such a step but raise the topic for consideration. Other
such items that appear as small amounts in individual departmental budgets might
also be considered for collection into one account, for example, dues and subscrip-
tions, equipment repairs and those small items which are common to all departments.
Finally, we believe that it is your intention to reduce the 1976 budget to an
amount which can be supported by the frozen tax rate. We would urge you to examine
the budgets with the intention of reducing them to the level which provides taxpayers
with the lowest possible cost and still furnishes the needed level of service, and
we emphasize needed. Your study to this point makes you the most qualified persons
to do this.
Sincerely,
SOUTH BEND CIVIC PLANNING ASSOCIATION, INC.
s/ Gene Evans
Executive Secretary
He asked for an explanation of Account 261, Promotional Expense, in the Mayor's Office, and Mr.
Barcome explained that this account covered many things such as entertainment, payment of litera-
ture coming into the office, keys to the city, etc. He indicated that many cities budget a great
deal more in promotional accounts than South Bend had. Mr. Evans questioned Account 230,
Instruction, in the Controller's Office. Mr. Barcome indicated that he had no particular use for
that account in the 1976 budget. He stated that the account was used in 1972, 1973 and 1974. Mr.
Evans asked for a detail of the figure in Account 260, Other Contractuals. Mr. Barcome was uncer=
tain as to that figure; however, he indicated that he would check that account and furnish Mr.
Evans the information at a later time. Councilmen Miller and Nemeth indicated that that amount wa
for the emergency police number 911. Mr. Evans indicated that he questioned the amounts of travel
in the various departments. He felt that a certain amount.of travel was needed. In the Human
Resources and Economic Development Department, an amount of $1,000 was requested for travel. He
indicated that, as of June 30th, over $900 had been spent. He wondered about the feasibility of
collecting all the travel accounts into one. He indicated that the Common Council had not used
car allowance and had used only a small amount of travel. He stated that, in the Attorney's Offic
there was a large jump in equipment repairs. He wondered if this was to be expected as a normal
amount for equipment repair. In the Board of Works budget, he questioned the need for a travel
account as there had been no expenditures from that account through June 30th. In Account 214,
Telephone and Telegraph, he wondered if enough money had been budgeted for 1976. Mr. Michael
Vance, Fiscal Officer for the Department of Public Works, indicated that there had been an error
in one of the bills this year in that one of the electric bills had been charged to the telephone
REGULAR MEETING AUGUST 25, 1975
COMMITTEE OF THE WHOLE MEETING (CONTINUED)
account. He felt the amount budgeted would be sufficient. Mr. Evans asked for a breakdown in the
rents for the Board of Public Works. Mr. Vance indicated that the amount in the Rent Account
covered the maintenance on the building and the rental of the fire hydrants. Mr. Evans indicated
that there was an increase in the Instructional Account in the Department of Public Safety. He
wondered about this. Mr. Michael Carrington, Public Safety Director, indicated that he had not
increased that amount; however, he was informed that that amount covered the materials for OSHA
in the Employee Safety Department. Mr. Evans asked for an explanation of the Other Contractuals
Account. Mr. Carrington indicated that, this year, the amount was used to pay for interns in the
Department of Public Safety and Criminal Justice, and was used for match money by the city. He
indicated that, next year, the amount would be used in the same manner. Mr. Evans indicated that
one car was being replaced in the Bureau of Buildings. He asked about this. Mr. Rollin Farrand,
Director of the Department of Public Works, indicated that the cars in that department were quite
old and the replacement schedule had not been very intense in the past. He stated that at least
three cars were needed. Mr. Evans questioned the new account for postage in the Police Department.
Mr. David Sypniewski, Fiscal Officer for the Police Department, indicated that the account was
inserted into the budget because many times evidence and other documents must be mailed directly
at the post office in order that a certified receipt is obtained to prove the documents were
mailed. Mr. Evans asked for an explanation of the reduction in Account 260, Other Contractuals.
Mr. Sypniewski indicated that a new line item was still used for matching funds. Mr. Evans raised
the issue of police cars being used in other city departments rather than trading the vehicles in.
He wondered about the feasibility of converting the cars. Mr. Farrand indicated that the Board of
Public Works had studied that issue and eight of the police cars had been used in this manner. He
was hopeful that the practice could be continued. Mr. Evans questioned the advisability of no
change in the Electric Account within the Fire Department. Assistant Fire Chief Joseph Nagy
indicated that he had submitted an increase; however, it had not been put into the budget. He
felt the department would be short for 1976 in that area and additional funds would have to be
requested of the Council. Mr. Evans indicated that there was a reduction in the Rent Account.
Assistant Chief Nagy indicated that the rent covered the purchase of three vehicles in the past
and would no longer be needed. Mr. Evans indicated that there was no additional funding in the
Motor Equipment Account. He questioned this. Assistant Chief Nagy indicated that he had submitted
a budget for motor equipment but it had been taken out. He was not sure how this matter would be
handled in 1976. Mr. Evans wondered if the Fire Department was being underbudgeted, and he felt
this could jeapordize the lives and safety of the citizens. In the Park Department, he questioned
the amount for band concerts, and Mr. James Seitz, Superintendent of Parks, explained that the
entire bill for the band concerts was paid at once; and that was the reason why the expenditures in
that account through June 30th were so small. Mr. Evans wondered about the benefit to.the citizens
of having the park personnel in uniforms. Mr. Seitz indicated that the men could be easily iden-
tified for assistance, etc. He stated that it was a benefit to the employees and was part of the
union negotiations for 1976. Mr. Evans indicated that he was concerned about the condition of the
streets for 1976. He stated that, in the Materials Account, there was a reduction. Mr. Vance
indicated that the administration hoped that revenue sharing funds could be used in this area. Mr.
Evans indicated that the clothing allowance in the Street Department was new. He wondered about
this, and Mr. Vance indicated that, as Mr. Seitz had stated, this was one of the items sought by
the union and it involved over 100 men including supervisors. Mr. Evans indicated that not all
employees were given clothing allowance. He wondered about the need to supply these people with
the same raise as those persons who did not receive clothing allowance. Under Police Pension, he
wondered if Account 262 had been reduced to zero, and it was indicated that the account had not
been. Mr. Dick Hazinski, Secretary of the Police Pension Fund, indicated that the money needed in
that account was necessary in case anyone retired under disability. Mr. Evans indicated that a
request for $100,000 for Goodwill Industries was proposed to be taken from revenue sharing funds.
He was concerned over the limit of the revenue sharing funds and the receipt of these funds. He
wondered whether or not all the agencies could be funded that would need to be. Chairman Newburn
thanked Mr. Evans for the fine work the Civic Planning Association has done and its investigations
into many matters.
Councilman Nemeth wondered in what account the increase of insurance was reflected, and Mr. Walter
Lantz, Chief Deputy Controller, indicated that that was included in Account 640 in the Controller';
budget. The park maintenance and motor vehicle highway departments each had their own budgets for
insurance. Councilman Nemeth wondered if there were any other adjustments to be made. Mr. Lantz
indicated that the tax computations would have to be made. He read the revised tax computations a;
follows:
Page 54 Corporation General
Line
1
$11,397,070
Line
5
19,271,684
Line
10
9,235,283
Line
11
3,275
Line
12
9,238,558
Motor Vehicle Highway
Line
1
1,402,444
Line
5
2,181,447
Line
10
-0-
Line
11
-0-
Line
12
-0-
In the motor vehicle highway budget, Mr. Lantz recommended that the amount be removed from 110
because the anticipated revenues were greater than anticipated. Councilman Nemeth made such a
motion, seconded by Council President Parent. The motion carried. There was then a brief dis-
cussion on the motion, after which Councilman Nemeth made a motion to strike the previous motion
and remove the amount from 120, seconded by Councilman Kopczynski. That motion carried. Mr.
Lantz then continued to read the remaining computations as follows:
Fire Pension
Line
1
$ 1,252,217
Line
5
1,813,608
Line
10
800,556
Line
11
213
Line
12
800,769
REGULAR MEETING AUGUST 25, 1975
COMMITTEE OF THE WHOLE MEETING (CONTINUED)
Police Pension
Line 1
3.280
$ 908,533
Line 5
Street (MVH)
1,442,945
Line 10
0.0189
679,386
Line 11
Policemen's Pension
831
Line 12
0.010
680,217
Art Association
Total
5.006
Line 1
32,577
Line 5
44,770
Line 10
28,166
Line 12
28,166
Page 60
Levy on Property
Amount to be Raised
Corporation General
3.280
$ 9,238,558
Park Maintenance
0.6194
1,744,583
Street (MVH)
-0-
-0-
Human Rights
0.0189
53,256
Firemen's Pension
0.2843
800,769
Policemen's Pension
0.2415
680,217
Art Association
0.010
28,166
Urban Redevelopment Bond
Fund 0.145
408,411
Totals
5.006
14,100,309
Page 61 Proposed 1976
Corporation General
3.280
Park Maintenance
0.6194
Street (MVH)
-0-
Human Rights
0.0189
Firemen's Pension
0.2843
Policemen's Pension
0.2415
Art Association
0.010
Urban Redevelopment Bond Fund
0.145
Total
5.006
Council President Parent made a motion to amend the ordinance further as read by Mr. Lantz,
seconded by Councilman Serge. The motion carried. Chairman Newburn wondered why a request for
$100,000 from revenue sharing funds for Goodwill Industries was included in the budget. Mr. Barcoi
stated that this could be inserted into the regular budget as a general appropriation. It was
indicated that page 50 -A was not included in the original file copy of the budget, which page
showed the revenue from revenue sharing. Councilman Nemeth made a motion to add page 50 -A to the
original file copy of the budget, seconded by Councilman Horvath. The motion carried. Councilman
Nemeth then made a motion to reduce the amount from revenue sharing in the amount of $100,000 to
an amount of $50,000 on pages 50, 50 -A and 55, thus reducing the appropriation to Goodwill
Industries to $50,000. The motion was seconded by Councilman Taylor. Mr. Larry Neff, residing at
5012 Blackford,'.Zast, President of Goodwill Industries, made a request to the Council for funds
through the Federal Assistance Grant Fund. He indicated that a grant was received by Goodwill
contingent upon a purchase of land which had been accomplished by Western Avenue,. He stated that,
in effect, Goodwill was trying to pay off the mortgage. He indicated that Goodwill Industries
would still have to raise between $100,000 and $200,000 in the community. He stated that, if the
full $100,000 was not received and approved by the Council, there would be a higher interest rate
to be paid. Councilman Nemeth indicated that the revenue sharing funds would not be available
until after the first of the year. He wondered if the remainder of the request in the amount of
$50,000 could be received from Community Development. 'Mr. William Hojnacki, Director of the
Department of Human Resources and Economic Development, indicated that this would be possible and
the priorities under Community Development funds could be re- evaluated. He indicated that there
might be some potential carryover. Councilman Nemeth stated that revenue sharing was very flexible
and Community Development funds were not quite as flexible. He felt that, if it could be taken
from Community Development, this should be done. Mr. Thomas Buck, Chairman of the Board of
Directors of Goodwill Industries, indicated that the company was in debt $40.0,000. He stated
that, if the money was not available now, the board would have to go to the community for the
funds. Councilman Taylor indicated that there would be approximately $600,000 to $650,000 left
in the revenue sharing account for 1976. He talked about the need for street materials and fire
equipment which would have to be taken out of revenue sharing funds. Since the commitment was
made for the Civic Center, he felt there would have to be more flexibility in these funds. He
felt the $50,000 should be appropriated at this time and the remainder should come out of Communit,
Development funds. Councilman Szymkowiak talked about the needs of the city and the fact that not
much money was available in the revenue sharing funds. He stated that the building being purchase
by Goodwill Industries could always be sold and money received by Goodwill for the selling. He
felt the Council was being very generous in appropriating $50,000 for Goodwill. Mr. Buck indicate
that he would not debate the issue with the Council. He stated that he simply wanted and needed
the Council's support of the program and that Goodwill Industries would appreciate any help given
to it. Council President Parent commended the Goodwill Industries for bringing much money into
the community through its various grants. He wanted to be able to vote on the entire $100,000 at
this time and not reduce the amount by $50,000. He indicated that he would oppose the amendment
for that reason. There was a call for the question. The motion carried, with Council President
Parent opposing.
Councilman Miller made a motion that the ordinance, as amended, be recommended favorably to the
Common Council, seconded by Council President Parent. The motion carried.
ORDINANCE AN ORDINANCE LEVYING TAXES AND FIXING
THE RATE OF TAXATION FOR THE PURPOSE
(continued)
REGULAR MEETING AUGUST 25t 1975
ICOMMITTEE OF THE WHOLE MEETING (CONTINUED)
ORDINANCE (CONTINUED) OF RAISING REVENUE TO MEET THE NECESSARY
EXPENSE FOR THE FISCAL YEAR ENDING
DECEMBER 31, 1976.
This being the time heretofore set for public hearing on the above ordinance, proponents and
opponents were given an opportunity to be heard. Councilman Miller made a motion to amend the
ordinance on page 62 as it was amended on page 60, seconded by Councilman Nemeth. The motion
carried. Councilman Nemeth then made a motion that the ordinance be recommended favorably to the
Common Council, as amended, seconded by Council President Parent. The motion carried.
There being no further business to come before the Committee of the Whole, Councilman Nemeth made
a motion to rise and report to the Council and recess, seconded by Councilman Kopczynski. The
motion carried, and the Council recessed at 6:45 p.m.
ATTEST:
ITY CLERK
(REGULAR MEETING - RECONVENED
Be it remembered that the regular meeting of the Common Council of the City of South Bend
reconvened in the Council Chambers at 7:10 p.m., Council President Parent presiding and nine
members present.
IREPORT 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 August 11, 1975, regular
meeting of the Council and found them correct.
The sub - committee, therefore, recommends that the same be approved.
s/ Terry S. Miller
Councilman Newburn made a motion that the report be accepted as read and placed on file and the
minutes be approved, seconded by Councilman Taylor. The motion carried.
REPORT FROM THE COMMITTEE OF THE WHOLE
Councilman Newburn made a motion to waive the reading of the report of the Committee of the Whole,
seconded by Councilman Taylor. 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 AREA PLAN COMMISSION (LaSalle, Niles and Madison)
The Honorable Common Council
City of South Bend
County -City Building
South Bend, Indiana 46601
August 20, 1975
In Re: A proposed ordinance and site development plan of Indiana and Michigan
Electric Co. and Lake States Associates, Inc. to zone from "D" Light
Industrial, "F" Height and Area, to "A -3" High Density Residential Office
and Professional District, property located on the west side of Niles
Avenue, between Madison Avenue and LaSalle Street, City of South Bend.
Gentlemen:
The attached rezoning petition of Indiana and Michigan Electric Co. and Lake
States Associates, Inc. was legally advertised August 9 and August 16, 1975. The Area
Plan Commission gave it a public hearing on August 19, 1975, at which time the following
action was taken:
"Upon a motion by Ted Sharp, being seconded by Robert Lehman and
carried, the petition of Indiana and Michigan Electric Co. and Lake
States Associates, Inc. to zone from "D" Light Industrial, "F" Height
and Area, to "A -3" High Density Residential Office and Professional
District, property located on the west side of Niles Avenue, between
Madison Avenue and LaSalle Street, is returned to the Common Council
with a favorable recommendation, subject to the issuance of a parking
variance by the Board of Zoning Appeals and to a final site plan, by
the Area Plan Commission."
The above recommendation is made subject to a final site plan and the preliminary
site plan is attached hereto.
The deliberations of the Area Plan Commission and points considered in arriving
at the above decision are shown in minutes of the public hearing and will be forwarded
to you at a later date to be made a part of this report. Attached for your consideration
in the review of this matter is the Area Plan Commission Staff Report.
Very truly yours,
s/ Ralph Stonebraker
RS /cm Assistant Director
cc: I & M Electric Co.
Lake States Associates
REGULAR MEETING AUGUST 25, 1975
IREGULAR MEETING - RECONVENED (CONTINUED)
Councilman Nemeth made a motion to set the ordinance referred to in the report for public hearing
and second reading on September 8, 1975, at 7:00 p.m., seconded by Councilman Taylor. The motion
carried.
PETITION TO AMEND ZONING ORDINANCE (800 East Jefferson)
I (We), the undersigned, do hereby respectfully make application and petition
the City Common Council 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 800 East Jefferson
Boulevard, South Bend, Indiana.
2. The property is owned by Anchor Sales, 807 East Jefferson, South Bend,
Indiana 46617.
3. A legal description of the property is as follows:
A parcel of land in the West part of Lot Numbered Three Hundred
Twenty -four (324) as shown on the recorded Plat of Samuel L. Cottrell's
First Addition to the Town of Lowell, now a part of the City of
South Bend, which parcel of land is described as follows, viz:
Beginning at the Northwest corner of said Lot Numbered 324;
thence East on the South line of East Jefferson Street, a
distance of 83 feet; thence South 54 feet; thence West 83 feet
to the West line of said lot, which is also the East line of
St. Peter Street; thence North with said line 54 feet to the
place of beginning.
4. It is desired and requested that the foregoing property be rezoned from
"B" Residential Use and "C" Height and Area District, to "C -1" Commercial Use and "C"
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 (include number of dwelling units if
residential):
Building currently houses three one -man insurance offices. The
change in zoning would be to allow a men's hair styling shop to
occupy a vacant space in the building. This type of use is not
presently covered in a "B" Residential classification.
6. Number of off - street parking spaces to be provided: twenty- eight.
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.
ANCHOR SALES by:
s/ James A. Cook
807 East Jefferson
South Bend, Indiana 46617
Council President Parent indicated that action on the petition would be take."'When the ordinance
pertaining to it had first reading.
ORDINANCES, SECOND READING
ORDINANCE AN ORDINANCE APPROPRIATING $25,000.00 FROM
THE COMMUNITY DEVELOPMENT GRANT FUND 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 Miller made a motion to refer the ordinance to the
Public Works Committee, seconded by Councilman Taylor. The motion carried.
ORDINANCE NO. 5875 -75
AN ORDINANCE APPROPRIATING $3,400.00 FROM
THE FEDERAL ASSISTANCE GRANT COMMONLY
REFERRED TO AS GENERAL REVENUE SHARING,
FOR THE REVISION OF THE SOUTH BEND MUNICIPAL
CODE, TO BE ADMINISTERED BY THE CITY OF
SOUTH BEND THROUGH ITS LAW DEPARTMENT.
This ordinance had second reading. Councilman Miller made a motion to pass the ordinance, seconde
by Councilman Nemeth. The ordinance passed by a roll call vote of eight ayes (Councilmen Serge,
Szymkowiak, Miller, Taylor, Kopczynski, Nemeth, Newburn and Parent) with Councilman Horvath absent
ORDINANCE NO. 5876 -75 AN ORDINANCE TRANSFERRING $6,000.00 FROM
ACCOUNT Q -11, "SALARIES ", TO ACCOUNT
Q -251, "REPAIR OF BUILDINGS AND STRUCTURES ",
BOTH ACCOUNTS BEING WITHIN THE FIRE
DEPARTMENT BUDGET WITHIN THE GENERAL
FUND.
This ordinance had second reading. Councilman Miller made a motion to pass the ordinance,
seconded by Councilman Newburn. The ordinance passed by a roll call vote of eight ayes ( Councilme
Serge, Szymkowiak, Miller, Taylor, Kopczynski, Nemeth, Newburn and Parent) with Councilman
Horvath absent.
REGULAR MEETING AUGUST 25, 1975
(REGULAR MEETING - RECONVENED (CONTINUED)
(ORDINANCE NO. 5877 -75
AN ORDINANCE APPROVING THE FORM AND TERMS
OF A LEASE BETWEEN THE SOUTH BEND CIVIC
CENTER BUILDING AUTHORITY AND THE CITY OF
SOUTH BEND, INDIANA, AND AUTHORIZING THE
EXECUTION THEREOF PERTAINING TO THE SOUTH
BEND CIVIC CENTER.
This ordinance had second reading. Councilman Serge made a motion to pass the ordinance, seconded
by Councilman Newburn. The ordinance passed by a roll call vote of eight ayes (Councilmen Serge,
Szymkowiak, Miller, Taylor, Kopczynski, Nemeth, Newburn and Parent) with Councilman Horvath absent,
(ORDINANCE NO. 5878 -75
h
5
AN ORDINANCE APPROVING THE FORM AND TERMS
OF AN AGREEMENT OF OPERATIONS BETWEEN ST.
JOSEPH COUNTY HOTEL -MOTEL TAX BOARD OF
MANAGERS AND SOUTH BEND CIVIC CENTER
BOARD OF MANAGERS AND CITY OF SOUTH BEND,
AND AUTHORIZING THE EXECUTION THEREOF
PERTAINING TO THE SOUTH BEND CIVIC
CENTER.
This ordinance had second reading. Councilman Miller made a motion to amend the ordinance as
amended in the Committee of the Whole, seconded by Councilman Taylor. The motion carried.
Councilman Miller then made a motion to pass the ordinance, as amended, seconded by Councilman
Nemeth. The ordinance passed by a roll call vote of eight ayes (Councilmen Serge, Szymkowiak,
Miller, Taylor, Kopczynski, Nemeth, Newburn and Parent) and one nay (Councilman Horvath).
(ORDINANCE NO. 5879 -75
AN ORDINANCE APPROVING THE FORM AND TERMS
OF A LEASE AGREEMENT BETWEEN THE CITY OF
SOUTH BEND, INDIANA, AND THE SOUTH BEND
COMMUNITY SCHOOL CORPORATION, AND
AUTHORIZING THE EXECUTION THEREOF
PERTAINING TO THE SOUTH BEND CIVIC
CENTER.
This ordinance had second reading. Councilman Serge made a motion to pass the
by Councilman Newburn. The ordinance passed by a roll call vote of eight ayes
Szymkowiak, Miller, Taylor, Kopczynski, Nemeth, Newburn and Parent) and one nay
ORDINANCE NO. 5880 -75 AN ORDINANCE APPROPRIATING MONEYS FOR THE
PURPOSE OF DEFRAYING THE EXPENSES OF THE
SEVERAL DEPARTMENTS OF THE CITY GOVERN-
MENT OF THE CITY OF SOUTH BEND, INDIANA,
FOR THE FISCAL YEAR BEGINNING JANUARY 1,
1976, AND ENDING DECEMBER 31, 1976,
INCLUDING ALL OUTSTANDING CLAIMS AND
OBLIGATIONS, AND FIXING A TIME WHEN THE
SAME SHALL TAKE EFFECT.
ordinance, seconded
(Councilmen Serge,
(Councilman Horvat]
This ordinance had second reading. Councilman Newburn made a motion to amend the ordinance as
amended in the Committee of the Whole, seconded by Councilman Taylor. The motion carried.
Councilman Newburn then made a motion to pass the ordinance, as amended, 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. 5881 -75 AN ORDINANCE LEVYING TAXES AND FIXING
THE RATE OF TAXATION FOR THE PURPOSE OF
RAISING REVENUE TO MEET THE NECESSARY
EXPENSE FOR THE FISCAL YEAR ENDING
DECEMBER 31, 1976.
This ordinance had second reading. Councilman Miller made a motion to amend the ordinance as
amended in the Committee of the Whole, seconded by Councilman Newburn. The motion carried.
Councilman Newburn then made a motion to pass the ordinance, as amended, 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).
RESOLUTIONS
RESOLUTION NO. 494 -75 ARESOLUTION OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA,
AUTHORIZING THE BUREAU OF HOUSING TO BE
THE PUBLIC AGENCY RESPONSIBLE FOR
ADMINISTERING AN URBAN HOMESTEADING
DEMONSTRATION PROGRAM SPONSORED BY THE
UNITED STATES DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT PURSUANT TO SECTION
810 OF THE HOUSING AND COMMUNITY
DEVELOPMENT ACT OF 1974.
WHEREAS, pursuant to Section 810 of the Housing and Community Development Act of
1974, the United States Department of Housing and Urban Development, hereinafter referred
to as HUD, is undertaking an Urban Homesteading Demonstration Program to indicate the
effectiveness of homesteading as a neighborhood preservation tool; and
WHEREAS, HUD requires any unit of general local government making application for
participation in said demonstration to submit a copy of a resolution, motion or other
official act of the local governing body specifying a proposed homesteading - agency as
the entity empowered to carry out the local urban homesteading program; and
REGULAR MEETING AUGUST 25 75
REGULAR MEETING - RECONVENED (CONTINUED)
RESOLUTION NO. 494 -75 (CONTINUED)
WHEREAS, the City of South Bend, Indiana, through its Department of Human
Resources and Economic Development, is submitting formal application to HUD for
participation in said demonstration program; and further that the Common Council for
the City of South Bend, Indiana, is the local governing body for said city; and
WHEREAS, the Bureau of Housing was established by the Mayor of the City of
South Bend on January 28, 1974, and is currently empowered to undertake certain
housing related activities as specified in Ordinance No. 5689 -74, Section V, of the
South Bend Common Council, passed June 24, 1975;
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of South
Bend, Indiana:
SECTION I. Hereby authorizes the Bureau of Housing to be the public agency
responsible for administering, after HUD approval, an Urban Homesteading Demonstration
Program in the City of South Bend, Indiana, pursuant to Section 810 of the Housing
and Community Development Act of 1974.
SECTION II. 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. William Hojnacki, Director of the
Department of Human Resources and Economic Development, made the presentation for the resolution.
He indicated that the resolution approved an application for a homesteading grant which was part
of a nation -wide program whereby HUD would be making available $5 million for housing. In the
City of South Bend, there were approximately 50 units that could qualify for the program, although
it was thought that only 10 would be funded. He stated that the entire scope of the program was
that these units would be made available to the city and the city would develop a workable program
of utilizing the homes. The application demanded that the program be a neighborhood preservation
program and be concentrated in certain areas, and that the homes not be in "hard -core deteriorated
neighborhoods ". He indicated that the application was being prepared.and the Bureau of Housing
would administer the program if approved. He stated that the program would be built into the
other programs undertaken by the city concerning housing.
Councilman Kopczynski wondered if the programs of the Human Resources and Economic Development
Department were concentrating certain people in certain areas. He felt ghettos were being created
by this. Mr. Hojnacki stated that the policy of the city was "open housing ". The sense of the
programs developed have been to deal with the problems where they exist. The idea of relocation
had been rejected and public housing units were no longer being built. He felt that different
programs would have to be designed because every neighborhood was different. He stated that one
of the criteria for homesteading was that the person moving into the home exhibit a strong
financial ability to maintain and rehabilitate the home. Councilman Kopczynski felt a concentra-
tion of these programs for low - income persons was being made. He wondered about the practical
application of this program. Councilman Serge talked about the area in Riverside Manor and the
start of deterioration of the homes there. It was indicated that there were eight homes in that
area that could be utilized in the program. Mr. Hojnacki indicated that the procedure for the
program would be to have a person sign a contract to maintain the home for three years. If, after
that time, there were no violations of the contract, the home would be turned over to the resident
He felt expensive homes would not be utilized for the project. Councilman Szymkowiak talked about
the problems encountered with projects dealing with housing. He felt too many families were
moving into one home and this was a start of the housing problem. Councilman Newburn felt there
was an undercurrent in many areas because they were being labled ghettos. He felt the attitudes
would have to be changed and the Council should demonstrate its concern to the neighborhoods.
Councilman Taylor indicated that the homesteading projects have worked successfully in many areas.
He stated that homesteading was not a massive program and would only affect a few homes. He.felt
the program would have more to do with helping the neighborhoods than any other housing program.
Councilman Miller indicated that this was another step in the city's commitment to improve the
housing within the city. He supported the program, and he wanted to see how the program would
work on a limited basis before the federal government came back and started the program on a
massive level. Councilman Kopczynski felt there were contradictions within the program. He felt
there was not enough known about the program to warrant a vote for the program. Councilman Horvatl
wondered what type of homes would be utilized, and Mr. Hojnacki indicated that the homes would be
housing units under the control of the secretary which meant that HUD owned the unit. Some units
would be very small while some others would be larger. He did not think that HUD would designate
units with a substantial value. Many of the units would be worth much more if they were rehabili-
tated. Councilman Nemeth indicated that perhaps some of the younger married persons in the
community could take advantage of this program. Mr. Marchmont Kovas, South Bend Tribune Reporter,
wondered if there was already a homesteading program approved by the Council. Mr. Hojnacki
indicated that there was approval given by the Council for the Bulk Sales Program and there was a
question of disposition of the property; however, this had been remedied in the last legislature.
He indicated that there was no guarantee the city would even get the program at this time.
Councilman Kopczynski wondered where the greatest concentration of abandoned homes was in the city
Mr. Hojnacki felt the most concentrated area was Riverside Manor. He stated that the area being
considered included 26 housing units which would be applied: for. In Census Tract 23 (Benjamin
Harrison School Area), there were 6; in Census Tract 24, there were 3; in Census Tract 25, there
was 1; in Census Tract 28 and 34, there were 5; and in Census Tract 30 (south of the target area
of the southeast neighborhood), there were 6. Councilman Kopczynski wondered about the minority
population in the census tracts named. Council President Parent asked for a point of order. He
felt the issue before the Council was whether or not the Council wanted to approve the program.
Councilman Kopczynski felt his questions pertained to the issue. Council President Parent felt it
was very improper for the Council to get into these kinds of questioning. Councilman Kopczynski
indicated that he only wanted to know the facts in the case. Council President Parent asked that
a motion be made on whether or not Councilman Kopczynski should be allowed to continue his line of
questioning. Councilman Newburn made a motion to adopt the resolution, seconded by Councilman
T 9
REGULAR MEETING AUGUST _25., 197__.
REGULAR MEETING — RECONVENED (CONTINUED)
Serge. It was indicated that discussion could continue until there was a call for the question,
even though the motion had been made to adopt the resolution. Councilman Taylor called for the
question, and Councilman Miller asked for a vote on whether or not to close debate. Debate was
closed by a roll call vote of five ayes (Councilmen Serge, Taylor, Horvath, Newburn and Parent) and
four nays (Councilmen Szymkowiak, Miller, Kopczynski and Nemeth). There was a call for the questio
on the original motion to adopt. The resolution was adopted by a roll call vote of seven ayes
(Councilmen Serge, Miller, Taylor, Horvath, Nemeth, Newburn and Parent) and two nays (Councilmen
Szymkowiak and Kopczynski).
ORDINANCES, FIRST READING
ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING
CHAPTER 40 OF THE MUNICIPAL CODE OF
SOUTH BEND, INDIANA (800 East Jefferson).
This ordinance had first reading. Councilman Miller made a motion to refer the ordinance, along
with the petition, to the Area Plan Commission, seconded by Councilman Nemeth. The motion carried.
ORDINANCE AN ORDINANCE PROVIDING FOR THE RECEIVING
AND CONVEYING OF A GIFT OF REAL PROPERTY
TO THE CIVIL CITY OF SOUTH BEND, INDIANA.
This ordinance had first reading. Councilman Miller made a motion to set the ordinance for public
hearing and second reading on September 8, 1975, seconded by Councilman Serge. The motion carried.
Councilman Nemeth asked that a map be furnished showing the area to be conveyed.
ORDINANCE AN ORDINANCE APPROPRIATING THE SUM OF
$4,000.00 FROM THE PARKING METER FUND TO
ACCOUNT NO. 430.0, "REPAIR PARTS ", OF THE
PARKING METER BUDGET FOR 1975 OF THE CITY
OF SOUTH BEND, INDIANA.
This ordinance had first reading. Councilman Newburn made a motion to set the ordinance for public
hearing and second reading on September 8, 1975, seconded by Councilman Taylor. The motion carried
UNFINISHED BUSINESS
Councilman Nemeth indicated that, on May 12, 1975, the voluntary petition and ordinance for annexa-
tion of I.P.M., for the property at the southwest corner of Ireland and Ironwood Roads had been
referred to the Ordinance Committee. He stated that the petitioner had requested the matter be
withdrawn. Councilman Nemeth indicated that the area was already involved in an annexation which
was in court and he felt that, in view of the circumstances, the matter should be stricken. He
made a motion to strike from the Council's files the petition and ordinance which were filed on
April 16,1975, in the City Clerk's Office, seconded by Councilman Taylor. The motion carried.
NEW BUSINESS
Council President Parent indicated that the Board of Public Works had passed a resolution regarding
the sale of real estate in the Francis L. Keefer's Subdivision. He stated that, if there was
objection to the sale, the Council would have to notify the Board of Public Works. Councilman
Miller asked that, in the future, the address of the property to be sold be incorporated into the
resolution so that it could be easily identified. There appeared to be no objection on the part
of the Council to the sale of the property.
,ere being no further business to come before the Council, unfinished or new, Councilman Nemeth
de a motion to adjourn, seconded by Councilman Taylor. The motion carried, and the meeting
journed at 8:00 p.m.
TEST • APPROVED-:-
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