HomeMy WebLinkAbout12-15-75 Council Meeting MinutesREGULAR MEETING
DECEMBER 15, 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, December 15, 1975, at 7:00 p.m., Council President Roger
O. Parent presiding. The meeting was called to order and the Pledge to the Flag was given.
ROLL CALL PRESENT: Councilmen Serge, Szymkowiak, Miller,
Taylor, Kopczynski, Horvath, Nemeth,
Newburn and Parent.
ABSENT: None
At this time, Council President Parent asked for a motion by the Council to suspend rules and
take action on the two resolutions commending Councilmen Newburn and Nemeth. Councilman Taylor
made a motion to suspend the rules, 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). Council Vice President Taylor chaired the meeting while Council
President Parent made a presentation of the two resolutions.
RESOLUTION NO. 499 -75 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, COMMENDING ODELL NEWBURN,
COUNCILMAN -AT -LARGE AND CHAIRMAN OF THE COUNCIL
COMMITTEE OF THE WHOLE, JANUARY 1, 1972 TO
DECEMBER 31, 1975.
Council President Parent read the resolution and presented to Councilman Newburn the resolution
and an inscribed gavel in appreciation of his work as councilman and chairman of the Committee
of the Whole. Councilman Miller made a motion to adopt the resolution unanimously, seconded
by Council President Parent. The resolution was adopted by a roll call vote of nine ayes ( Counc
men Serge, Szymkowiak, Miller,, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent).
RESOLUTION NO. 500 -75
A RESOLUTION OF THE
SOUTH BEND, INDIANA,
COUNCILMAN -AT- LARGE,
1975.
COMMON COUNCIL OF THE CITY OF
COMMENDING PETER J. NEMETH,
JANUARY 1, 1972 to DECEMBER 31,
Council President Parent read the resolution and presented it to Councilman Nemeth. He thanked
Councilman Nemeth for his leadership as Council President for three years. Councilman Horvath
made a motion to adopt the resolution unanimously, seconded by Councilman Kopczynski. The
resolution was adopted by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller,
Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent).
At this time, Mrs. Louvenia Cain, Chairperson of the Model Neighborhood Planning Agency, thanked
Councilman Newburn for giving of himself to the entire community unselfishly, not only as a counc
man,; but as a past chairman of the Model Neighborhood Planning Agency.
At this time, Council President Parent also presented to Chief Deputy City Clerk, Barbara Byers,
a certificate of appreciation for her three years of service to the Council.
REGULAR MEETING DFCRM15ER=Ja, 1975
REGULAR MEETING (CONTINUED)
Councilman Taylor made a motion to resolve into the Committee of the Whole, seconded by Council-
man 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, December 15, 1975, at 7:10 p.m., with nine members present. Chairman Odell
Newburn presided.
Councilman Taylor announced that several items listed on the agenda for public hearing at this
time would be postponed until a later date. He stated that, for the benefit of the audience,
item E (a transfer of $2,600 from the Common Council budget to the Parking Meter Fund) would be
stricken; item G (an appropriation of $15,000 from General Revenue Sharing funds for Public Works
programs) would be continued to the January 19, 1976 meeting of the Council; item J ( an ordinanc,
amending the merit system within the Police Department) would be continued to the February 19,
1976 meeting of the Council; and item N (an appropriation of $1,140 from the Urban Redevelopment
Fund for second year rental assistance payment) would be continued to the January 19, 1976 meet-
ing of the Council.
ORDINANCE AN ORDINANCE APPROVING THE FORM AND TERMS OF
LEASE AND TRUST INDENTURE AND INDUSTRIAL DEVELOP-
MENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION
THEREOF PERTAINING TO RADIO DISTRIBUTING COMPANY, INC.
This being the time heretofore set for public hearing on the above ordinance, proponents and
opponents were given an opportunity to be heard. Mr. Kevin Butler, attorney at law practicing
at 1221 St. Joseph Bank Building, made the presentation for the ordinance. He indicated that he
was legal counsel for Radio Distributing, and he introduced Mr. Don Yates, President; Mr. George
Medich, Executive Vice President; and Mr. Gore, Manager of Marketing and Distribution. He in-
dicated that the project was located at 1915 Bendix Drive in the Avionics Building, part of the
Airport Industrial Park. The bond amount was $750,000. He stated that Radio Distributing had
been in business in South Bend since 1929. The firm was currently located at 1212 High Street.
The present building consists of 25,000 square feet, while the Avionics Building consists of
42,000 square feet. He stated that certain renovations would be made to the building. Radio
Distributing would be permitted to expand and the employment would increase from 85 persons
to 100 persons immediately and to approximately 150 persons over the next five years. The pay-
roll would increase from $750,000 to $900,000 with an additional increase of $450,000 over the
next five years. He indicated that the lease agreement and other documents had been submitted
to the Council and were incorporated as a part of the ordinance.
Councilman Szymkowiak made a motion that the ordinance be recommended favorably to the Common
Council, seconded by Councilman Taylor. The motion carried.
ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING
CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH
BEND, INDIANA (800 EAST JEFFERSON BOULEVARD).
This ordinance had been continued from the November 24, 1975 meeting of the Council because
the petitioner was not present at that time to make a presentation. Council President Parent
indicated that he had received a letter from the petitioner, James Cook of Anchor Sales, in
which it was requested that the matter be withdrawn.
Councilman Nemeth made a motion that the ordinance be stricken from the Council's files,seconded
by Councilman Taylor. The motion carried.
ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING
CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH
BEND, INDIANA (600 and 700 blocks of
Portage Avenue).
This being the time heretofore set for public hearing on the above ordinance, proponents and
opponents were given an opportunity to be heard. Council President Parent made the presentation
for the ordinance. He indicated that the Park Avenue Neighborhood Association had requested the
rezoning in the 600 and 700 blocks of Portage Avenue be initiated. For this reason, he and
Councilman Serge had agreed to sponsor the rezoning ordinance. He stated that a few other counci
men had also requested the Area Plan Commission rezone the area. He was hopeful that the re-
zoning would help in the prevention of the deterioration of the neighborhood as it would change
the zoning classification from "C" Commercial to "B" Residential. He indicated that many dis-
cussions had been had and it was suggested that the Mumford Grocery Store and the house next
door which was owned by Mumford be excluded from the proposed rezoning. He asked that the ordina
be amended to delete the following parcels:
The Northerly 33.33 feet of Lot No. 6 of C. Fassnacht Addition
and the Southerly 30 feet and Westerly 78 feet of Lot No. 7
of C. Fassnacht Addition.
parcel of land in the Fred Keller's Subdivision designated
as Lots 1, 2 and 12, also a parcel of land in the Burrough's
�p designated as Lots 28 through 31. This is located
on the Southwest corner of Lindsey Street and Portage Avenue.
Councilman Taylor made a motion to amend the ordinance by deleting therefrom the above parcels of
I
land, seconded by Councilman Serge. The motion carried.
e
REGULAR MEETING DECEMBER 15, 1975
COMMITTEE OF THE WHOLE MEETING (CONTINUED)
Mr. Donald Fisher, 909 Riverside Drive, President of the Park Avenue Neighborhood Association,
thanked Councilmen Parent and Serge for sponsoring the rezoning. He commended the Council
President for making the very logical amendment to the ordinance. He indicated there was never
any intention by PANA to force the rezoning of the Mumford Store which would have a detrimental
effect on the business. He talked about the upgrading of neighborhoods and PANA's concern for
encroachment coming into the neighborhood. He also talked about the possibility of clinics
coming into the neighborhood and the loss of residential property. He indicated that PANA want
the Council to be concerned with the rezoning setup and hopefully upgrade all the neighborhoods
in order to preserve the one - family residential classification. He asked that the Council act
favorably on the ordinance.
Mr. George Adams, 1616 Southlea, indicated that the Board of Directors of the Riverside Manor
Association had expressed support of the ordinance and also urged its passage.
Mr. Ed Mark, 110 Napoleon Boulevard, Executive Coordinator of the South Bend Area Neighborhood
Council, stated that his group consisted of 10 or 11 neighborhood organizations, and strongly
favored the ordinance and urged passage by the Council.
Mr. Norton Mumford, 617 East Woodside, owner of the Mumford Grocery Store, thanked Council
President Parent for the amendment which excluded his property from the rezoning. He indicated
that a grocery store or small market had been in that area for more than 40 years. He stated
that he had purchased the home next door in an effort to some day expand and /or provide some
off - street parking. He spoke highly of the Park Avenue Neighborhood Association and commended
its efforts in the area of neighborhood preservation.
Mr. Floyd Carter, 1619 Fassnacht, indicated his support of any ordinance which would help to
save the neighborhoods. He felt it was a citywide problem, and he felt all people should be
concerned in that matter.
Council President Parent presented to the City Clerk a letter he received from the South Bend
Area Neighborhood Council which urged passage of the rezoning ordinance.
Councilman Serge made a motion that the ordinance be recommended favorably as amended, to the
Common Council, seconded by Councilman Taylor.
Councilman Szymkowiak talked about the loss of small businesses in the residential areas, such
as grocery stores and markets. He indicated he was pleased that the amendment had been made to
allow the market to continue in operation at its present location. The motion carried.
ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING
ORDINANCE NO. 4990 -68, CHAPTER 21 OF THE
MUNICIPAL CODE OF THE CITY OF SOUTH BEND,
INDIANA, FORMERLY REFERRED TO AS ZONING
ORDINANCE NO. 3702 (2515 East Jefferson
Boulevard).
This being the time heretofore set for public hearing on the above ordinance, proponents and
opponents were given an opportunity to be heard. Mr. William Farabaugh, attorney at law
practicing in the First Bank Building, made the presentation for the ordinance. He indicated
that he was representing the South Bend Osteopathic Hospital, petitioner in the rezoning, locate
at 2515 East Jefferson Boulevard. He indicated the hospital was requesting a change in the zon-
ing classification from "A" Residential, "A" Height and Area, to "B" Residential. He referred
to the overhead projector and the overlay outline the property which constituted 4.8 acres. He
indicated that the 17 -year old hospital would be updated in the very immediate future if the
rezoning and other factors took place. He stated that a new five -story hospital wing and medica
office building would be constructed. He indicated that suites would be provided within the
structure for doctors. He stated that a tax exempt bond issue was proposed for the renovation.
He indicated that the hospital was operating through the South Bend Hospital Authority, and the
Area Plan Commission had recommended the matter favorably. He introduced Mr. George Koob, Civil
Engineer of the Hospital Building and Equipment Company of St. Louis.
Mr, Koob indicated that he was the architect for the project which consisted of adding an ancil-
lary service addition to the hospital; extension of parking around the hospital; elimination of
existing parking problems on the streets adjacent to the hospital. All parking would be screene
by a six -foot high fence. Mr. Koob indicated that the only change to the site plan was the ad-
dition of a very small mechancial equipment room which would be located adjacent to the boiler
room. He proposed that the existing entries on Jefferson Boulevard and Marshall Street be re-
used and no curb cuts would then be requested. He indicated that a few changes had been made
and approved by the Area Plan Commission regarding parking spaces. Mr. Farabaugh indicated that
Dr. Walter Landis was also present to answer any questions concerning the proposed rezoning.
Councilman Miller made a motion that the ordinance be recommended favorably to the Common Counci
seconded by Councilman Kopczynski. The motion carried.
ORDINANCE AN ORDINANCE TRANSFERRING $2,600.00 FROM
VARIOUS ACCOUNTS WITHIN THE COMMONN'COUNCIL
BUDGET OF THE GENERAL FUND OF THE CITY OF
SOUTH BEND, INDIANA, TO ACCOUNT 261,
"PROMOTIONAL EXPENSE ", OF THE PARKING
METER 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. Council President Parent made a motion to
strike the ordinance from the Council's files, seconded by Councilman Taylor. The motion carr
REGULAR MEETING DECEMBER 15, 1975
COMMITTEE OF THE WHOLE MEETING (CONTINUED)
ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 4207
ENTITLED, "AN ORDINANCE AUTHORIZING THE
INCREASE OF SEWAGE CHARGES TO ALL USERS
OF CITY SEWER SERVICE OR CITY WATER SERVICE
FOR THE PURPOSE OF REPAIR AND /OR REPLACEMENT
OF WATER SERVICE LINES, SHUT -OFF BOXES AND
WATER METER MANHOLES (AS AMENDED) ".
This being the time heretofore set for public hearing on the above ordinance, proponents and
opponents were given an opportunity to be heard. Mr. Paul Krueper, Manager of the Bureau of
Water, made the presentation for the ordinance. He indicated that the ordinance would increase
the monthly charge to water users for leak insurance. He stated that this was the first amend-
ment to the ordinance since 1959. He read the following amendments which he asked be incorpora
into the ordinance:
Amend the Ordinance as submitted substituting for paragraphs
1, 2, and 3 the following:
Section I That the sum of twenty -four (.24) cents per
month be added to the water service charge of
all water users.
Section II That all of said sums of money collected bP
deposited in a separate fund of the Bureau
of Wastewater and that said funds be used
solely for the repair and /or replacement of
leaking water service lines and shut -off valves.
Section III Funds so collected shall be used for the payment
of repairs and /or replacement as provided herein
from the water main to the front wall of any
building, or a line extended therefrom, but it
shall not insure any water service line under any
porch, steps, slab foundation, crawl space, or in
any room or space under any sidewalk. In the case
of two inch lines or larger, the repairs provided
hereunder shall extend from the water main to the
property line only.
Present section four is to be eliminated.
In section five as submitted, on the third line,
after the comma eliminate the word it, and insert
the words, said service line and the tee, and after
the word insured insert a comma.
With the elimination of Section IV as submitted,
Section V thru IX are hereby renumbered IV thru
VIII.
Councilman Taylor made a motion to amend the ordinance accordingly, seconded by Councilman
Horvath. The motion carried.
Mr. Gene Evans, Executive Secretary of the Civic Planning Association, wondered if Mr. Krueper
dould assure that the Water Department would assume the responsibility for most home owners of
repairing any leak problems between the watermain and the foundation of the homes. Mr. Krueper
stated that this has been the case all along. He indicated that this was provided in the ordinan(
Mr. Evans did not understand why the money being received was going into the Waste Water Bureau.
Mr. Krueper indicated that the Waste Water Bureau had never capitalized the money paid by the
home onwer for the service line. Therefore, that part of the service was never depreciated. He
indicated that, in cases where there were leaks, the leak insurance idea was developed. He state(
that, originally, it was eight cents; then it went to twelve cents. He indicated that the money
was deposited into the Waste Water Fund because otherwise the money would be included in the rate
and would have to be approved by the Public Service Commission. Mr. Evans indicated that the
Public Service Commission had made.>a ruling, though not officially or in writing, that it would
not concern itself with public utility rates. He wondered about the adviseability of using that
as a justification for the increase. Mrs. Goldie Minton, 753 Cottage Grove, talked about incident
she had experienced with the South Bend Water Works in purchasing homes during the last few years
She talked about breaks in the watermains and flooding of her basements, and she maintained that
the Water Works had told her the repair of these lines was her responsibility. She wondered who
had ever benefited from the leak insurance fund because she had never heard of any one who had.
Councilman Kopczynski indicated that the increase was due to the fact that the water lines were
plugging up. He felt no effort had been made to correct the situation and there was no question
in his mind that the city was responsible for the plugging of the water lines. He indicated that
the Council did not see fit to include supplying adequate water to the residents. He felt the
city officials were "ducking the issue." He also felt some of the problems were being caused by
the breaking loose of deposits in the.water line. He assured Mr. Krueper that he would not stop
on that issue "until justice was done." Mr. Krueper indicated that he was aware of Councilman
Kopczynski's concern. He stated that mains all over town have been plugging up and not just in
the Sixth District. He indicated that samples had been taken at various locations and tests con-
ducted. He stated that a caucus had been held a week ago and Councilman Kopczynski had not atten(
He stated that, at that time, he had submitted an alternate amendment which the Council had decid(
not to act upon. He felt the city would be "asking for financial problems" if some sort of leak
insurance fund or measure was not utilized in the repair of the mains. He indicated that, in 195!
the ordinance had been intended to cover stop boxes and one year later the stop boxes were elimini
and the cost went from eight cents to twelve cents. He felt the Council should consider the
financial consequences and the exorbitant cost involved in repairing all mains at one time. He
stated that the process would be a slow one as time and money would permit. Councilman Miller
recommended that the Water Works conduct a study in an effort to solve the problem of stopped -up
service lines and come back to the Council with alternative measures.
le.
s
ed
REGULAR MEETING DECEMBER 15 19751
COMMITTEE OF THE WHOLE MEETING (CONTINUED)
He stated he felt it might very well be that the Council was not doing all it could in this
regard. He felt there were other problems and this particular problem should be taken care
of at this time. Councilman Serge felt the older neighborhoods experienced this problem
with the plugging of the lines probably more so than newer areas. Mr. Krueper indicated that
this was not necessarily true. He stated that the problem could not be pinpointed. Councilman
Serge felt this was a problem especially for the senior citizens with limited incomes. He
wondered if some consideration could be given to the elderly. Mr. Krueper again mentioned
financial responsibility for the city and felt the Council "should not jump in and do 100% of
it ". He indicated that the process would have to be a gradual one. He felt the stop box probl
should be taken care of first.
Council President Parent made a motion that the ordinance be recommended favorably to the
Common Council, as amended, seconded by Councilman Miller. Councilman Kopczynski wondered if
any of the engineers within the city were familiar with the amount of coating within the city's
water mains. Mr. Krueper invited Councilman Kopczynski to view the samples of water taken from
the mains. He indicated that this was not a problem of the water mains closing up, but of the
oxidization of minerals and corrosion of the iron in the water. Councilman Kopczynski indicated
that, in 1958, he had built a new building and new service lines had been installed. He stated
that he had inadequate water pressure. He stated that a one -half inch crust within the water
main had been causing the problem and not allowing sufficient water to flow through the main.
He indicated that the service line had been disconnected from the main line, the crust was broken
and the pipes reconnected. Since that time, he maintained that he has had adequate water pressur
He felt this problem was also a health hazard in many cases. Councilman Szymkowiak asked about
the possibility of increasing the water charges. Mr. Krueper indicated that there had been a
50% increase two years ago. Councilman Szymkowiak felt a 2% or 3% amount taken from the income
from the water users should be applied to the operation costs. He felt the citizens have been
assess enough on the water bill. Mr, Krueper referred to the financial breakdown he had submitte
to the Council concerning repairs of the leaks and stop boxes. Councilman Szymkowiak felt per-
haps the.overhead should be cut down in order to render adquate service. Mr. Krueper indicated
that, in effect, he was aking for this increase over a four -year period. The motion carried,
with Councilman Szymkowiak opposing.
ORDINANCE AN ORDINANCE APPROPRIATING $15,000.00 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. Council President Parent made a motion to
continue the ordinance to the January 19, 1976, regular meeting of the Council, seconded by
Councilman Taylor. The motion carried.
ORDINANCE AN ORINANCE APPROPRIATING THE SUM OF
$5,000.00 TO ACCOUNT 260.0, "OTHER
CONTRACTUAL SERVICES ", AND $7,000.00
TO ACCOUNT 370.0, "OTHER SUPPLIES ",
WITHIN THE BUDGET OF THE BUREAU OF
SANITATION, ALL ACCOUNTS BEING WITHIN
THE SEWAGE WORKS GENERAL FUND OF THE
CITY OF WOUTH BEND, INDIANA.
This being the time heretofore set for public hearing on the above ordinance, proponents and
opponents were given an opportunity to be heard. Mr. Michael Vance, Chief Deputy Controller,
made the presentation for the ordinance. He explained that the fund would be used as follows;
the $5,000 will be used to purchase concrete to reset and level manhole frames and catch basins.
Normally the Street Department supplies this, but because of their budget it is necessary that
Sanitation pay for the concrete. The $7,000 will be used to purchase manhole rings and covers,
which have increased in price. Also there has been an increase in price for sewer pipe and the
brick used in manhole leveling and repair. In the process of rebuilding Huron Street, it was
necessary for the Bureau of Sanitation to replace the complete surface drainage system. This
was an unanticipated expenditure.
Councilman Horvath wondered if the amount of $5,000 would be used to raise the manholes. Mr.
Vance indicated that amount would be used to cover the concrete needed for the remainder of this
year. Councilman Miller wondered if some money had been appropriated from Community Development
funds for the Huron Street project. Mr. Vance indicated that funds were used for curbing and
sidewalks from Community Development funds. He indicated that the catch basins and pipes had
to be replaced at the expense of the Street Department. Councilman Miller wondered if the full
amount of that appropriation had been used. Mr. Rollin Farrand, Director of the Department of
Public Works, indicated that estimated amounts on the project were given. He indicated that the
city's own work force had accomplished part of the work in an effort to have additional money
left over. Councilman Miller asked for a further explanation of the fund. Mr. Farrand indicate
that he had submitted a complete breakdown to the Council on the project. Councilman Miller
wondered if the money was an additional appropriation from the working balance, and Mr. Farrand
indicated it was. Councilman Miller indicated that he had a series of problems in his district
with catch basins and manholes. He stated that this needed to be taken care of, and he asked
for a recommendation from the administration regarding this problem and what was needed to take
care of it.
Councilman Kopczynski made a motion that the ordinance be recommended favorably to the Common
Council, seconded by Councilman Serge. The motion carried.
COMMITTEE OF THE WHOLE MEETING (CONTINUED)
ORDINANCE AN ORDINANCE AMENDING CHAPTER 2 OF THE
MUNICIPAL CODE OF THE CITY OF SOUTH BEND,
INDIANA, PERTAINING TO THE EXECUTIVE BRANCH
OF GOVERNMENT.
This being the time heretofore set for public hearing on the above ordinance, proponents and
opponents were given an opportunity to be heard. Councilman Peter J. Nemeth made the presenta-
tion for the ordinance. He indicated that, first of all, he wished to thank the Council for the
honor it had bestowed upon him in the presentation of the resolution commending him for his ser-
vice with the Council for the years of 1972, 1973, >_1974,a anal 1975. He indicated he was looking
forward to working with the Council for the next four years as Mayor. He then explained that the
proposed ordinance merely changed the word "shall to "may" regarding the Public Safety Director
serving as a member of the Board of Public Safety. He indicated that, during his administration,
he had no plans for a Public Safety Director position, and the ordinance, as it was presently
worded, mandated that the director must serve on the Board of Safety.
Council President Parent made a motion that the ordinance be recommended favorably to the Common
Council, seconded by Councilman Taylor. The motion carried.
ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 5820 -75,
ESTABLISHING A MERIT SYSTEM OF PROMOTIONS
FOR THE BUREAU OF POLICE OF THE CITY OF
SOUTH BEND.
This being the time heretofore set for public hearing on the
opponents were given an opportunity to be heard. Councilman
the ordinance to the February 9, 1976, regular meeting of the
President Parent. The motion carried.
ORDINANCE AN ORDINANCE APPROVING THE APPROPRIATION
OF $1,140 FROM THE URBAN REDEVELOPMENT FUND
TO SERVICES CONTRACTUAL ACCOUNT #269 FOR
SECOND YEAR RENTAL ASSISTANCE PAYMENT.
above ordinance, proponents and
Miller made a motion to continue
Council, seconded by Council
This being the time heretofore set for public hearing on the above ordinance, proponents and
opponents were given an opportunity to be heard. Mr. Michael Vance, Chief Deputy Controller,
indicated that the same problem would be experienced with this ordinance as with the revenue
sharing appropriations concerning the amount of time left this year for approval by the State
Board of Accounts. He asked that the ordinance be continued because sufficient time was not
left for approval before the end of the year.
Councilman Taylor made a motion to continue the ordinance to the January 19, 1976, regular
meeting of the Council, seconded by Council President Parent. The motion carried.
ORDINANCE AN ORDINANCE APPROVING THE EXPENDITURE
OF $75,000.00 OF COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS FOR THE BUREAU OF
ENVIRONMENTAL PROTECTION.
This being the time heretofore set for public hearing on the above
opponents were given an opportunity to be heard. Mr. Gene Stokes,
Environmental Protection, made the presentation for the ordinance.
amount of money budgeted for the department from tax funds for the
He asked that the Council approve the ordinance in order to allow
of substand buildings within the city.
ordinance, proponents and
Manager of the Bureau of
He indicated that the
year 1975 had been expended.
for the continued demolition
Councilman Miller wondered about the number of burned -out homes that needed to be demolished.
Mr. Stokes indicated that the situation changed almost daily. He stated that approximately 225
to 230 homes were estimated. He added that this figure also included vacant and abandoned
structures.
Councilman Miller made a motion that the ordinance be recommended favorably to the Common Council
seconded by Councilman Kopczynski. Councilman Taylor wondered if Mt. Stokes considered the 230
homes to be critical. Mr. Stokes indicated that some of the homes could be saved if the money
was available for rehabilitation. He indicated that normally 10 to 15 of these units were in-
cluded on the Board of Public Safety agenda for demolition. Councilman Horvath wondered if any
money remaining at the end of this year could be carried over if the appropriation was approved.
Mr. Stokes indicated that the fiscal year for Community Development funds ran from June to June
so a carry over would not be necessary as in revenue sharing funds.
Councilman Szymkowiak wondered how many homes in his district were substandard. Mr. Stokes in-
dicated that he was aware there were many units in the Second District which needed demolition.
He stated that he and his staff were working as diligently as possible in trying to keep abreast
of the situation. Councilman Szymkowiak felt the Board of Public Works should mandate that all
debris be hauled away within 48 hours of demolition. He indicated that this was a problem with
some contractors. He felt some of them were very negligent in clearing the property after
demolition of the structure.
Councilman Serge Basked for an explanation of the procedure involved in tearing down a house.
Mr. Stokes explained that the property owner had certain property rights and the Board of Public
Safety must locate the owner to inform him that demolition proceedings were being considered.
He stated that the owner is then given 30 days to make an effort to repair the house. If, within
this 30 -day period, some sort of effort is not made to improve the structure, the Board would be
called upon to initiate the demolition procedure.
REGULAR MEETING DECEMBER 15, 1975
COMMITTEE OF THE WHOLE MEETING
(CONTINUED)
If an agreement is reached with the owner on demolition or rehabilitation, the Board could grant
additional time to the owner for repairing the structure. Mr. Stokes indicated that all this
takes a considerable length of time. He stated that a two -week bidding period is also necessary
and then another month is given before the house is actually demolished. Councilman Serge in-
dicated that he was pleased with the demolition of homes in his district. Mr. Stokes indicated
that he felt his staff had responded well to the numerous complaints received. Councilman
Kopczynski asked for a list identifying the properties being considered for demolition and the
condition of each property and action taken by the Board, if any. He felt that many structures
he had viewed should be demolished and were not. Mr. Stokes indicated that he had that informa-
tion available and could supply such a list to Councilman Kopczynski. The motion carried.
ORDINANCE AN ORDINANCE TRANSFERRING THE BALANCE OF
$24,000.03 FROM THE URBAN REDEVELOPMENT
FUND TO 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. Mr. Michael Vance, Chief Deputy Controller,
made the presentation for the ordinance. He explained the state law allowed for the transfer
of funds from a dormant fund to the General Fund. He stated that the funds in the Urban Re-
development Fund were unused and standing idle and the city was allowed to transfer out of this
fund.
Councilman Miller made a motion that the ordinance be recommended favorably to the Common Council
seconded by Councilman Taylor. Councilman Kopczynski wondered if there would be a deficit in the
General Fund, and Mr. Vance indicated that, since the General Fund did not have a working balance
with this appropriation and after the fall tax distribution and repayment of temporary loans, the
General Fund would have a balance of approximately $500,000 as of December 31. The motion carries
At this time, Chairman Newburn expressed his thanks to the citizens of South Bend and the Council
for the opportunity to serve as a Council member. He indicated that his concern for the city
would not lessen because of the ending of his term of office. He indicated that he was pleased
with the contacts he has had with the citizens. He expressed regret in having to lose an active
part in the legislative branch of government. He talked about the disagreements within the
Council and felt differences of opinion were needed for the betterment of the community for its
citizens. He then indicated that the Council would take a short recess. Recessed at 8:40 p.m.
Reconvened at 9:00 p.m.
ORDINANCE AN ORDINANCE APPROPRIATING $195,000.00
FROM THE FEDERAL ASSISTANCE GRANT COMMONLY
REFERRED TO AS GENERAL REVENUE SHARING,
FOR VARIOUS FIRE EQUIPMENT, TO BE
ADMINISTERED BY THE CITY OF SOUTH BEND
THROUGH ITS BUREAU OF FIRE SAFETY.
This being the time heretofore set for public hearing on the above ordinance, proponents and
opponents were given an opportunity to be heard. Councilman Horvath made a motion to continue
this ordinance to January 19, 1976, regular meeting of the Council, seconded by Councilman
Dzymkowiak. 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 Kopczynski. The motion
carried.
ATTEST:
C TY CLERK
REGULAR MEETING - RECONVENED
Be it remembered that the regular meeting of the Common Council of the City of South Bend re-
convened in the Council Chambers at 9:01 p.m., Council President Parent presiding and nine member!
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 November 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, placed.-on file and the
minutes be approved, seconded by Councilman Miller. The motion carried.
REPORT FROM THE COMMITTEE OF THE WHOLE
Councilman Kopczynski made a motion to waive the reading of the report of the Committee of the
Whole, seconded by Councilman Taylor. The motion carried:by a roll call vote of nine ayes
(Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent).
REGULAR MEETING DECEMBER 15, 1975
PETITION TO AMEND ZONING ORDINANCE (1803 South Ironwood)
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 insupport of this applica-
tion, the following facts are shown:
1. The property sought to be rezoned is located at:
1803 South Ironwood
South Bend, Indiana
2. The property is owned by:
Frank and Mary Deak
3. A legal description of the property is as follows:
Lots numbered Fifty -seven (57) and
Fifty -eight (58) as shown on the recorded
plat of Roseland Park, now a part of the
City of South Bend, in St. Joseph County,
Indiana.
4. It is desired and requested that the foregoing property be rezoned:
From R Residential Use and A Height and Area District.
To C Commercial Use and E Height and Area District.
5. It is proposed that the property will be put to the following use and the
following building (s) will be constructed
(Include number of dwelling units, if residential):
One building to be erected, to be used as a television
sales and repair outlet.
G. Number of off - street parking spaces to be provided:
Twelve (12)
7. Attached is (a)
petition and 20
plan showing my
and addresses o
property within
(f) 5 copies of
Petition Prepared By:
Robert W. Mysliwiec
an original ordinance and 25 copies; (b) an original
copies; (c) a $10 filing fee; (d) an existing plot
property and other surrounding properties; (e) names
E all the individuals, firms or corporations owning
300 feet of the prperty sought to be rezoned; and
a site development plan.
Is Frank Deak
Is Mary Deak
Signature of Petitioner s)
2007 East McKinley Avenue
South Bend, Indiana
Address
Council President Parent indicated that action on the petition would be taken when the ordinance
pertaining to it had first reading.
At this time, Council President Parent welcomed Jo Ann Harper who will be replacing Barbara Byers
as Chief Deputy City Clerk.
ORDINANCES, SECOND READING
ORDINANCE NO. 5927 -75
AN ORDINANCE APPROVING THE FORM AND
TERMS OF LEASE AND TRUST INDENTURE AND
INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND
AUTHORIZING THE EXECUTION THEREOF PER-
TAINING TO RADIO DISTRIBUTING COMPANY,
INC.
This ordinance had second reading. Councilman Taylor 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 AN ORDINANCE AMENDING AND SUPPLEMENTING
CHAPTER 40 OF THE MUNICIPAL CODE OF
SOUTH BEND, INDIANA (800 East Jefferson
Boulevard).
This ordinance had second reading. Councilman Kopczynski made a motion to strike the ordinance
from the Council's files, seconded by Councilman Newburn. The motion carried.
REGULAR MEETING DECEMBER 15, 1975
ORDINANCES, SECOND READING (CONTINUED)
ORDINANCE NO. 5928 -75 AN ORDINANCE AMENDING AND SUPPLEMENTING
CHAPTER 40 OF THE MUNICIPAL CODE OF
SOUTH BEND, INDIANA (600 and 700 blocks
of Portage Avenue).
This ordinance had second reading. Councilman Kopczynski made a motion to amend the ordinance
as amended in the Committee of the Whole, seconded by Councilman Taylor. The motion carried.
Councilman Taylor 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 (Councilman Serge, Szymkowiak,
Miller, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent).
ORDINANCE NO. 5929 -75 AN ORDINANCE AMENDING AND SUPPLEMENTING
ORDINANCE NO. 4990 -68, CHAPTER 21 OF THE
MUNICIPAL CODE OF THE CITY OF SOUTH
BEND, INDIANA, FORMERLY REFERRED TO AS
ZONING ORDINANCE NO. 3702 (2515 East
Jefferson Boulevard).
This ordinance had second reading. Councilman Miller made a motion to pass the ordinance, seconded
by Councilman Szymkowiak. The ordinance passed by a roll call vote of nine ayes (Councilman Serge,
Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent).
ORDINANCE AN ORDINANCE TRANSFERRING $2,600.00
FROM VARIOUS ACCOUNTS WITHIN THE
COMMON COUNCIL BUDGET OF THE GENERAL
FUND OF THE CITY OF SOUTH BEND,
INDIANA, TO ACCOUNT 261, "PROMOTIONAL
EXPENSE ", OF THE PARKING METER FUND
OF THE CITY OF SOUTH BEND, INDIANA.
This ordinance had second reading. Councilman Taylor made a motion to strike the ordinance from
the Council's files, seconded by Councilman Horvath. The motion carried.
ORDINANCE NO. 5930 -75
AN ORDINANCE AMENDING ORDINANCE NO.
4207 ENTITLED, "AN ORDINANCE AUTHORIZING
THE INCREASE OF SEWAGE CHARGES TO ALL
USERS OF CITY SEWER SERVICE OR CITY
WATER SERVICE FOR THE PURPOSE OF REPAIR
AND /OR REPLACEMENT OF WATER SERVICES
LINES, SHUT -OFF BOXES AND WATER METER
MANHOLES (AS AMENDED) ".
This ordinance had second reading. Councilman Taylor made a motion to amend the ordinance as
amended in the Committee of the Whole, seconded by Councilman Kopczynski. The motion carried,
with Councilman Szymkowiak opposing. Councilman Taylor then made a motion to pass the ordinance,
as amended, seconded by Councilman Kopczynski. The ordinance passed by a roll call vote of eight
ayes (Councilmen Serge, Miller, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent) and one
nay (Councilman Szymkowiak).
ORDINANCE AN ORDINANCE APPROPRIATING $15,000.00
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 Kopczynski made a motion to continue the ordinance
to the January 19, 1976, regular meeting of the Council, seconded by Councilman Taylor. The moti
carried.
ORDINANCE NO. 5931 -75 AN ORDINANCE APPROPRIATING THE SUM OF
$5,000.00 TO ACCOUNT 260.0, "OTHER
CONTRACTUAL SERVICES ", AND $7,000.00
TO ACCOUNT 370.0, "OTHER SUPPLIES ",
WITHIN THE BUDGET OF THE BUREAU OF
SANITATION, ALL ACCOUNTS BEING WITHIN
THE SEWAGE WORKS GENERAL FUND OF THE
CITY OF SOUTH BEND, INDIANA.
This ordinance had second reading. Councilman Taylor made a motion to pass the ordinance, seconde
by/Councilman Szymkowiak. The ordinance passed by a roll call vote of nine ayes (Councilman Serge
Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent).
ORDINANCE NO. 5932 -75 AN ORDINANCE AMENDING CHAPTER 2 OF
THE MUNICIPAL CODE OF THE CITY OF
SOUTH BEND, INDIANA, PERTAINING
TO THE EXECUTIVE BRANCH OF GOVERNMENT.
This ordinance had second reading. Councilman Kopczynski 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 DECEMBER 15, 1975
ORDINANCES, SECOND READING (CONTINUED)
ORDINANCE AN ORDINANCE AMENDING ORDINANCE
NO. 5820 -75, ESTABLISHING A MERIT
SYSTEM OF PROMOTIONS FOR THE BUREAU
OF POLICE OF THE CITY OF SOUTH BEND.
This ordinance had second reading. Councilman Taylor made a motion to continue the ordinance
to the February 9, 1976, regular meeting of the Council, seconded by Councilman Miller. The
motion carried.
ORDINANCE AN ORDINANCE APPROVING THE APPROPRIATION
OF $1,140 FROM THE URBAN REDEVELOPMENT
FUND OF SERVICES CONTRACTUAL ACCOUNT
#269 FOR SECOND YEAR RENTAL ASSISTANCE
PAYMENT.
This ordinance had second reading. Councilman Miller made a motion to continue the ordinance
to the January 19, 1976, regular meeting of the Council, seconded by Councilman Taylor, The
motion carried.
ORDINANCE NO. 5933 -75 AN ORDINANCE APPROVING THE EXPENDITURE
OF $75,000.00 OF COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS FOR THE BUREAU OF
ENVIRONMENTAL PROTECTION.
This ordinance had second reading. Councilman Serge made a motion to pass the ordinance, second
by Councilman Taylor. The ordinance passed by a roll call vote of nine ayes,(Councilman Serge,
Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent).
ORDINANCE NO. 5934 -75 AN ORDINANCE TRANSFERRING THE BALANCE
OF $24,000.03 FROM THE URBAN REDEVELOPMENT
FUND TO THE GENERAL FUND OF THE CITY
OF SOUTH BEND, INDIANA
This ordinance had second reading. Councilman Taylor made a motion to pass the ordinance, secon
by Councilman Horvath. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge,
Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent).
ORDINANCE AN ORDINANCE APPROPRIATING $195,000.00
FROM THE FEDERAL ASSISTANCE GRANT
COMMON REFERRED TO AS GENERAL REVENUE
SHARING, FOR VARIOUS FIRE EQUIPMENT,
TO BE ADMINISTERED BY THE CITY OF
SOUTH BEND THROUGH ITS BUREAU OF FIRE
SAFETY.
This ordinance had second reading. Councilman Taylor made a motion to continue the ordinance to
the January 19, 1976, regular meeting of the Council, seconded by Councilman Serge. The motion
carried.
RESOLUTIONS (See minutes at beginning of meeting for Resolutions Nos. 499 -75 and 500 -75)
RESOLUTION NO. 501 -75
A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND SUPPORTING
AND APPROVING THE CONCEPT OF REVENUE
SHARING.
WHEREAS, the City of South Bend desires to continue to participate
in the Federal Revenue Sharing Act under Title I of the State and Local
Fiscal Assistance Act of 1972.
WHEREAS, the act contemplates that the local units of government are
to use said funds for public safety, environmental protection, public
transportation, health, recreation, libraries, social services for the
poor or the aged, and financial administration.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City
of South Bend that:
Section I. The Common Council of the City of South Bend fully
supports the general revenue sharing program.
Section II. The Common Council desires and requests that the
Congress ol the United States enact legislation to continue the
general revenue sharing program beyond its initial five -year period.
Section III. This Resolution shall be in full force and effect
from and after its adoption by the Common Council and approval by the
Mayor.
/s/ Joseph T. Serge
�ed
REGULAR MEETING DECEMBER 15, 1975
RESOLUTIONS (CONTINUED)
A public hearing was held at this time on the resolution. Councilman Serge indicated he felt
the biggest issue facing cities at this time was the possibility of the loss of revenue sharing
funds. He indicated this concern was expressed by many city officials at the National League
of Cities Convention held recently in Miami Beach. He was of the opinion that at least 75% of
the cities would be in financial trouble if the funds were no longer available. He suggested
that the congressmen for the various states be urged to vote for the continuation of revenue
sharing funds for the municipalities. Councilman Taylor indicated that the concept of revenue
sharing meant decentralization. If this concept failed, he felt Congress would go back to the
1960 type of block grant approach and the local legislative branches of government would only
have the authority to say "yes" or "no" to the receipt of these funds. He felt revenue sharing
was the only way to have a true decentralization of decision making power in the country. He
indicated that copies of the resolution should also be sent to the Governor and all senators.
Councilman Nemeth referred to the resolution and the second Whereas clause, where "libraries"
were allowed. He wondered if this would be permitted in the coming years as far as the expendi-
ture of revenue sharing funds. Council President Parent explained that the resolution was merely
a resolution of intent urging the continuation of revenue sharing funds and was similar to the
resolution adopted by the Council last year. He supported the concept of revenue sharing and
felt South Bend had been diversified in utilizing the funds.
Councilman Serge made a motion to adopt the resolution, seconded by Councilman Taylor. The
resolution was adopted by a roll call vote of nine ayes (Councilman Serge, Szymkowiak, Miller,
Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent). Council President Parent directed
the City Clerk to send copies of the resolution to the senators and representatives, and
Councilman Nemeth suggested that copies be sent to all the congressmen in Indiana. Council
President Parent indicated that he would discuss this matter further with the Clerk's office.
ORDINANCES, FIRST READING
ORDINANCE NO. 5935 -75 AN ORDINANCE APPROVING THE FORM AND
TERMS OF LEASE AND TRUST INDENTURE
AND INDUSTRIAL DEVELOPMENT REVENUE
BONDS, AND AUTHORIZING THE EXECUTION
THEREOF PERTAINING TO CRESSY AND
EVERETT, INC.
This ordinance had first reading. Councilman Kopczynski made a motion to suspend the rules and
take action on the ordinance, 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). The ordinance then had second reading. Mr. Kenneth Fedder, attorney for
the South Bend Development Commission, made the presentation for the ordinance. He indicated
that Cressy and Everett, Inc., was a realty firm in South Bend. A $125,000 expansion program
was planned with the issuance of the bonds. He stated that, December 5, the commission approved
the financing agreements. He indicated that the building would be located near the existing
facility on Ironwood and McKinley. An additional 12 persons would be added to the work force.
He introduced Mr. Alex Cholis, attorney representing the firm, and Mr. Clem Miller, secretary
of the corporation.
Mr. Gene Evans, Executive Secretary of the Civic Planning Association, brought to Mr. Fedder's
attention an error which appeared in page 2 of the ordinance in Section IV. The bonds were not
to exceed $125,000, and the word "exceed" had been omitted. Councilman Taylor made a motion
to amend the ordinance to insert the word "exceed" in Section IV, seconded by Councilman Newburn.
The motion carried. Councilman Horvath made a motion to pass the ordinance as amended, 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. 5936 -75 AN ORDINANCE APPROVING THE FORM AND
TERMS OF LOAN AGREEMENT, NOTE AND
MORTGAGE AND INDENTURE OF TRUST AND
INDUSTRIAL DEVELOPMENT REVENUE BONDS,
AND AUTHORIZING THE EXECUTION THEREOF
PERTAINING TO CHAR -KING, INC.
This ordinance had first reading. Councilman Taylor made a motion to suspend the rules and take
action on the ordinance, seconded by Councilman Miller. The motion carried by a roll call vote
of nine ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Nemeth, Newburn
and Parent). The ordinance then had second reading. Mr. Kenneth Fedder, attorney for the South
Bend Development Commission, made the presentation for the ordinance. He introduced Mr. Kevin
Butler, attorney for the firm. He asked that the Council accept a new ordinance in place of the
one previously filed. He submitted it for their consideration. He indicated that the new ordin
merely contained certain requirments not included in the ordinance filed. Mr. Butler presented
photographs and sketches to the Council members concerning the new facility.
Councilman Miller made a motion to amend the ordinance from the title on down with the acceptance
of the new ordinance submitted by Mr. Fedder, seconded by Councilman Nemeth. The motion carried.
Mr. Fedder recognized Mr. Fox, general counsel, Mr. Lee Harper, representative of Char -King, and
David Travelstead, representative of Char -King. Hevn.d.ieated-that the project would be constructed
in the mall area downtown, and he felt it would definitely be an asset to the downtown. He sub-
mitted an additional document to the Council regarding the loan agreement and memorandum and in-
dicated that the handwritten document would amend the agreements at various sections. Councilman
Miller made a motion to accept the handwritten notes as amendments to the documents, seconded by
Councilman Nemeth. The motion carried. Councilman Miller expressed wholehearted support of the
project.
Councilman Szymkowiak made a motion that the ordinance pass, as amended, seconded by Councilman
Taylor. The ordinance passed by a roll call vote of nine ayes (Councilman Serge, Szymkowiak,
Miller, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent). Councilman Nemeth asked about
the completion date of the project, and Mr. Fedder indicated it would be some time in October of
1976.
REGULAR MEETING DECEMBER 15, 1975
ORDINANCES, FIRST READING (CONTINUED)
ORDINANCE NO. 5937 -75
AN ORDINANCE APPROVING THE FORM AND
TERMS OF LEASE AND TRUST INDENTURE
AND ECONOMIC DEVELOPMENT REVENUE BONDS,
AND AUTHORIZING THE EXECUTION THEREOF
PERTAINING TO GATES REALTY,INCORPORATED.
This ordinance had first reading. Councilman Taylor made a motion to suspend the rules and take
action on the ordinance, seconded by Councilman Newburn. The motion carried by a roll call vote
of nine ayes (Councilmen Serge, Szymkowiak, Miller, Taylor Kopczynski, Horvath, Nemeth, Newburn
and Parent). The ordinance then had second reading. Mr. Kenneth Fedder, attorney for the South
Bend Development Commission, made the presentation for the ordinance. He indicated that the
amount of the bond was $200,000 for the construction of a new facility at the corner of Franklin
and Wayne to house truck facilities. He indicated that the South Bend Development Commission
had approved the financing agreements, and he stated that 14 new jobs were at stake with an
estimated spending power of $50,000 per year. He indicated that Van Gates had been in the com-
munity for a number of years, and he introduced Mr. Gates and Mr. Richard Morgan, attorney for
the firm.
Councilman Miller made a motion to pass the ordinance, seconded by Councilman Kopczynski. The
ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Taylor,
Kopczynski, Horvath, Nemeth, Newburn and Parent).
ORDINANCE NO. 5938 -75 AN ORDINANCE APPROVING THE FORM AND
TERMS OF LEASE AND TRUST INDENTURE
AND ECONOMIC DEVELOPMENT REVENUE BONDS,
AND AUTHORIZING THE EXECUTION THEREOF
PERTAINING TO GENERAL RECYCLING CORPORATION.
This ordinance had first reading. Councilman Taylor made a motion to suspend the rules and take
action on the ordinance, 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). The ordinance then had second reading. Mr. Kenneth Fedder, attorney for the South
Bend Development Commission, made the presentation for the ordinance. He indicated that, on
December 5, the commission had approved the financing agreement in the amount of $400,000 for the
construction of a new industrial facility at 1519 Franklin Street. He recognized Mr. Barry Burto:
representative of the firm. He indicated that 15 new jobs would be added and the spending power
would likewise be increased. He stated that the firm would deal in the manufacture of cellulose
insulation.
Councilman Serge made a motion that the ordinance pass, seconded by Councilman Kopczynski. The
ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Taylor,
Kopczynski, Horvath, Nemeth, Newburn and Parent).
ORDINANCE AN ORDINANCE AMENDING ORDINANCE
NO. 4990 -68, AS AMENDED, COMMONLY
KNOWN AS THE ZONING ORDINANCE OF
THE CITY OF SOUTH BEND, INDIANA
(CHAPTER 21, MUNICIPAL CODE) - 1803
South Ironwood.
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 carri
ORDINANCE AN ORDINANCE APPROPRIATING $7,191.00
FROM THE FEDERAL ASSISTANCE GRANT COMMONLY
REFERRED TO AS GENERAL REVENUE SHARING,
FOR VARIOUS LAW ENFORCEMENT PROGRAMS,
TO BE ADMINISTERED BY THE CITY OF
SOUTH BEND THROUGH ITS DEPARTMENT
OF LAW.
This ordinance had first reading. Councilman Taylor made a motion to set the ordinance for publ
hearing and second reading on January 19, 1976, seconded by Councilman Kopczynski. The motion
carried.
ORDINANCE AN ORDINANCE APPROPRIATING $18,000
FROM THE FEDERAL ASSISTANCE GRANT
COMMONLY REFERRED TO AS GENERAL
REVENUE SHARING, FOR VARIOUS CODE
ENFORCEMENT PROGRAMS, TO BE ADMIN-
ISTERED BY THE CITY OF SOUTH BEND
THROUGH ITS DEPARTMENT OF LAW.
This ordinance had first reading. Councilman Kopczynski made a motion to set the ordinance for
public hearing and second reading on January 19, 1976, seconded by Councilman Taylor. The motion
carried.
ORDINANCE NO. 5939 -75 AN ORDINANCE TRANSFERRING $268.15
FROM ACCOUNT #530.0, "CLOTHING ALLOWANCE"
TO ACCOUNT #430.0, "REPAIR PARTS ", BOTH
ACCOUNTS BEING WITHIN THE BUREAU OF
PARKING METERS BUDGET OF THE PARKING
METER FUND OF THE CITY OF SOUTH BEND,
INDIANA.
372
REGULAR MEETING DECEMBER 15, 1975
UNFINISHED BUSINESS (CONTINUED)
Councilman Miller made a motion to strike the resolution concerning the prevention of conflicts
of interest which was filed in the Clerk's office on April 2, 1975, seconded by Councilman Tayloi
The motion carried.
Councilman Miller made a motion to reappoint William Welsheimer to the Redevelopment Board of
Trustees, seconded by Councilman Taylor. The motion carried unanimously.
NEW BUSINESS
Council President Parent indicated that the Council would have its organizational meeting on
January, 5, 1976, at 7:30 p.m. He asked that the Council conduct one regular meeting in January
on the 19th at 7:00 p.m. Councilman Taylor made such a motion, seconded by Councilman Miller.
The motion carried.
There being no further business to come before the Council, unfinished or new, Councilman New
made a motion to adjourn, seconded by Councilman Taylor. The motion carried, and the meeting
adjourned at 9:45 p.m.
ATTEST:
CITY CLERK
APPROVED
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11
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