Loading...
HomeMy WebLinkAbout04-27-76 Council Meeting Minutesyy Lyy J.1 yyy yyy.Ly y.y 1 y yyyy yy y yy y yyyy yyy.y yy y y yy.Lyy y y yy yyy y y y yy y yy -yy y yy y y yy_L .L REGULAR MEETING APRIL 27, 1976 Be it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Tuesday, April 27, 1976, at 7:30 p.m., Council President Roger 0. Parent presiding. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL PRESENT: Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent. ABSENT: None Council Member Taylor made a motion to resolve into the Committee of the Whole, seconded by Counc Member 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 Tuesday, April 27, 1976, at 7:34 p.m., with nine members present. Chairman Frank Horva presided. 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). (2018 -2022 MISHAWAKA AVE). This being the time heretofore set for public hearing on the above ordinance, proponents and op- ponents were given an opportunity to be heard. Mr. Russell Fisher, 301 Commerce Building, who is the attorney representing the petitioners, made the presentation for the ordinance. He said they were asking for this property to be zoned from B residential A height, to Cl commercial A height. He explained the site and the neighborhood surrounding the property, which he said was basically commercial. He said the property owners in the area did not object to this property being re- zoned. He said presently the property at 2018 Mishawaka Avenue is being used by the Hoover's as a real estate.office. He said this property will be converted into a beauty shop, and the propert located at 2022 will be used as the real estate office. He said there would be no change to the exterior of the properties, all changes would be interior. He presented pictures of the property to be rezoned to the Council. He indicated Area Plan recommended this rezoning unanimously. Council Member Miller made a motion that this ordinance be recommended favorably to the Council, seconded by Council Member Taylor. The motion carried. REGULAR MEETING APRIL 27, 1976 COMMITTEE OF THE WHOLE MEETING (CONTINUED) ORDINANCE AN ORDINANCE APPROPRIATING THE SUM OF $6,000 TO LINE ITEM 260.0, CONTRACTUAL SERVICES, WITHIN THE CUMULATIVE SEWER BUILDING AND SINKING FUND, TO BE ADMIN- ISTERED BY THE BUREAU OF STREETS IN THE REPAIR OF SEWER STRUCTURES AND RELATED RECONSTRUCTION. This being the time heretofore set for public hearing on the above ordinance, proponents and op- ponents were given an opportunity to be heard. Mr. Rollin Farrand, Director of the Department of Public Works, made the presentation for the ordinance. He said this appropriation will be used to defray expenses of street cuts necessitated by sewer failures and related problems, including the adjustment of castings. He said there was appropriated in the MVH Account approximately $2,800 for this purpose, but the amount was insufficient to provide for this type of repair. He said it was also anticipated that this money will provide for some repair to concrete streets, since we are experiencing extensive problems with them. He asked for favorable consideration of this appropriation. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, ques- tioned the second to the last paragraph of Mr. Farrand's letter, as to whether this money would be spent for other than in connection with sewer repair work. Mr. Farrand indicated all work would be in connection with sewer repair work. Council Member Serge made a motion that this ordinance be recommended favorably to the Council, seconded by Council Member Szymkowiak. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING THE SUM OF $2,000,000 FROM THE CUMULATIVE SEWER SINKING AND BUILDING FUND TO PROJECT CS -2, MODEL CITIES SEWER SEPARATION, WITHIN SAID FUND. This being the time heretofore set for public hearing on the above ordinance, proponents and op- ponents were given an opportunity to be heard. Mr. Rollin Farrand, Director of the Board of Public Works, made the presentation for the ordinance. He said the previous Council passed a resolution authorizing the City to enter into a contract with the Department of Housing and Urban Development for federal funds in the amount of $540,000 for this construction project. He said design of this project is now complete, as well as acquisition of right -of -way. He said con- struction of this project will facilitate the storm drainage for the Orange- Colfax Street Project He said the Board opened bids on this project Monday, and an analysis of the low bids indicate they will be able to get this work done with approximately $1,950,000, so he recommended this be amended to that amount. Council President Parent made a motion the ordinance be amended to $1,950,000 wherever $2,000,000 appeared in the ordinance, seconded by Council Member Taylor. The motion carried. Council Member Horvath asked if this was matching funds with the federal government. Mr. Farrand indicated that it was, and this was taken into consideration when they recommended the $1,950,000. Council Member Szymkowiak asked about the buildings in that area being demolished. Mr. Farrand indicated that bids had been opened for demolishing these buildings. Council Member Kopczynski asked how much relocation money was involved. Mr. Farrand indicated $80,000. Council Member Kopczynski asked if any one knew the break -down since there was residential and businesses involve( Mr. Farrand indicated that there was one business and the rest were residents. Council Member Kopczynski asked the amount of money being paid to relocate that business. Mr. David Wells, Manag( of Administration and Design, said the man had not been relocated at this time. Council Member Kopczynski asked how much was involved. Mr. Wells indicated they were authorized $109,000 from H.U.D., and approximately $80,000 has been spent. Mr. Wells said he could furnish a break -down of this. Council Member Kopczynski asked for a copy. Council Member Adams asked if the $2,400,000 was the total cost of the project. Mr. Farrand indicated it was the total construction cost. Council Member Szymkowiak made a motion that this ordinance be recommended favorably to the_"Counci: as amended, seconded by Council President Parent. The motion carried. ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 5855 -75 FIXING MAXIMUM SALARIES AND WAGES OF AP- POINTED OFFICERS AND EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 1976. This being the time heretofore set for public hearing on the above ordinance, proponents and op- ponents were given an opportunity to be heard. Mr. Walter Lantz, Deputy Controller, made the presentation for the ordinance. He said this ordinance was to correct an inequity which was cause by a mistake in the process of developing the 1976 Salary Ordinance. He said the position of Crossing Guard III was erroneously left out of the Salary Ordinance, but did show in the budget. He said the other crossing guards and the police cadets had the salary increase adopted by the Common Council built on the wrong base, and consequently, some of them got a very small raise and some of them none at all. He said the only means of correcting this inequity was to add the posi- tions to this proposed amendment to the present Salary Ordinance. Mrs. Jane Swan, 2022 Swygart, questioned the police cadets coming in for the step by step increase Council Member Horvath said that perhaps Captain Terry could answer her questions. Captain Terry said he would like to support the effort being made by Walt Lantz in getting the inequity correcte( He said that in 1975 the cadets were being paid $3,701 for the year. He said to get this salary a cadet must work twenty -four hours at the Police Department a week, during the time he is normall, going to school in the regular semester. He said that during the summer the cadet is expected to work forty hours a week. He said this was about 1,500 a year. He said the education the cadets are receiving was supported through Law Enforcement Educational Assistance Funds. He said the Police Department publicly recruits cadets in the high schools, with the view in mind that they would undertake a °course of study of any kind that would better qualify them to carry out their intended goal of being a police officer in the city of South Bend. He said the 1976 ordinance indicated the cadets were scheduled to receive $3,661, which is a $40 cut in pay for the year. REGULAR MEETING APRIL 27, 1976 COMMITTEE OF THE WHOLE MEETING (CONTINUED) He said he did not think this is what the Council intended. Mrs. Swan asked who paid for the cadet's education. Captain Terry said the federal government paid, up to this year. He said this was paid directly to Indiana University. He said if a cadet should quit he must repay the grant, if he does not re- employ himself in law enforcement within two years. Mrs. Swan said she wondered how many have gone through the cadet program and how many are in law enforcement work. Captain Terry said he would furnish Mrs. Swan with the number of cadets who have finished the program. Mrs. Swan said the government no longer picks up the tab, now is this program going to be cut off, or is the City going to pick up the tab and take on the tax burden of educating the police cadets. Council Member Horvath said he was sure a cadet who has been in training for a year or two must be of some value to the Police Department. He said he felt at the rate they were being paid the City was getting a bargain, since they can release an officer to work outside. Captain Terry said he was firmly convinced of their value. Mr. Gene Evans, Executive Secretary of the Civic Planning Association said he had made a study of these salaries over the past few years. He said that in 1971 and 1972 the cadets were paid $3,00 in 1973 there was an across the board increase and they received $165; in 1974 the salary ordinan provided for $3,170, or a $5 increase, however, there was an across the board increase of $200 an they carried that amount in the cadet budget, therefore, if they were paid according to budget, they were paid $3,365, or $195 more than the salary ordinance provided; in 1975 the ordinance was $3,487, which is an approximate ten per cent increase, but the budget was $3,701, which would mean they were paid $214 more than the ordinance provided. He said the point that should be kept in mind was that in 1974 and 1975 the cadets were paid more than the ordinance provided for. He said a similar situation exists with regard to the crossing guards. He said that in 1973 the budget provided less for crossing guard 1, than the salary ordinance; in 1974 and 1975 the budge carried more for crossing guard 1 and 2 than the salary ordinance. He said he could find no pro- vision in any salary ordinance for a salary for a crossing guard #3. He indicated this situation should be watched more carefully when budgets are prepared. Mrs. Mary Hesiben, Captain of the School Crossing Guards, expressed her appreciation to the Counc She said she thought the crossing guards deserved this pay, and hoped the Council would pass the ordinance. Council Member Kopczynski made a motion that this ordinance be recommended favorably to the Coun seconded by Council Member Adams. Council Member Taylor asked if this money would be retroactive. Mr. Walt Lantz said it would not necessarily be retroactive, but they would be paid a sufficient amount to provide for the $60 in- crease the rest of the year. Council President Parent said he would like to point out that discrepancies between budgeted amounts and salary levels are not necessarily all that serious, because salary levels, lower than what is approved can be paid. He said he thought more care should be shown in the future, but he did not think it is all that serious. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $100,000 FROM FEDERAL ASSISTANCE GRANT FUND COMMONLY REFERRED TO AS GENERAL REVENUE SHARING TO PROGRAM FA 87 GOODWILL INDUSTRIES OF SOUTH BEND THROUGH ITS DEPARTMENT OF HUMAN RESOURCES. This being the time heretofore set for public hearing on the above ordinance, proponents and op- ponents were given an opportunity to be heard. Mr. Peter Mullen, City Controller, made the pre- sentation for the ordinance. He said that in August of 1975 there was a request for $100,000 for Goodwill. He said the Council approved $50,000 from revenue sharing funds, and recommended that the additional $50,000 be paid from Community Development Funds. He said in March of this year they received a notice from the State Tax Board that they had disapproved the request for this money from revenue sharing. He said in the meantime, they had learned they could not give $50,000 of Community Development funds for this purpose. He said they were asking for $25,000 a month, over a four month period. He said they were asking for this because of the services Goodwill provides the City and the handicapped people of the area. He said Goodwill employs approximately 90 handicapped. He said they were in the process of a $1,000,000 fund drive and the $100,000 would be a very important part of this fund drive. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, read the following state- ment into the record from the Civic Planning Association: South Bend Common Council April 27, 1976 South Bend, Indiana Re: Ordinance Appropriating $100,000 for Goodwill Dear Council Members: The South Bend Civic Planning Association does not wish to speak in total opposition to this ordinance but we do have some serious reservations about the use of revenue shar- ing funds in this manner. We recognize the revenue sharing monies have been used in similar programs previous to this proposal and that they do qualify under the enabling Legislation. We admit that we may have been remiss in not speaking out in a stronger manner at the time the earlier proposals were made. REGULAR MEETING APRIL 27, 1976 COMMITTEE OF THE WHOLE MEETING (CONTINUED) Our concern stems from an awareness of the potential number of agencies which may make ap- plication to the administration and the position in which the administration will find itself if this appropriation is approved. To some degree this has already happened with the YWCA request for funds. This is not to say that these many needs are not genuine and worth consideration but that we are not sure the governmental funding sources can meet these additional needs. The priorities established to this point in time have in fact been in other areas of need within the community. And we seriously question whether these several organizations do in fact wish to become de- pendent on governmental funding. We can envision agencies which no longer meet needs which the community is willing to pay for. We believe the best test of the need for a service is whether the community is willing to support the cost. There is no question of our support for the work which Goodwill does, we regret that they have chosen this means of obtaining support. Thank you for your consideration of this statement. Very truly yours, s/ Gene Evans Executive Secretary Mr. Robert Swanson,_. 2037 Arrowhead, said that two years ago he applied to the Council for help in securing Healthwin as a rehabilitation center for the handicapped in northern Indiana, since the closest center is Chicago and Indiana will not pay for anyone to go to the Chicago center. He said he had talked with some one at Goodwill and they thought they were at a point where they coulc start a rehab center. He said he would like to know what they were going to teach. He said that $100,000 is a lot of money for the 90 people they employ. He indicated some one should investi- gate some of the wages at Goodwill, since he was told they were paying $2.30, which is government standard, and if they do not meet reevaluation they can cut this pay. He said the handicapped wants education and employment, but they do not get it from Goodwill. Mrs. Jane Swan, 2022 Swygart, said this was a dangerous precedent to set. She asked if these people would in fact be employees of the City. Mr. Mullen, City Controller, said the City was contracting with Goodwill and that in consideration, Goodwill would provide the service. Mrs. Swan asked if this would continue from here on in. Mr. Mullen said this was a one year contract. Mrs. Swan said it may be legal, but is it moral or ethical to do something you could not do ac- cording to revenue sharing funds. Dr. Lillian Stanton, 919 Oak Ridge, said she was all for helping the handicapped and wondered if any one has', °explored the idea of using CETA funds to do this. Mr. Larry Neff, 501 Blackford East, President of Goodwill, said he did not know how to answer all the questions and that he thought Mr. Mullen had stated things pretty well. He said they did not follow the guidelines of the state on the original ordinance, but they now are doing what the law permits. He explained the service Goodwill is providing to the Community through employment and rehabilitation of the handicapped and the use of the retail sotre. He said their budget for 1975 is $700,000 and they raise from store sales, etc., 940, which leaves 6% they depend on from the community. Council Member Adams said that it was never popular to say no, and realizing the good benefits the community derives from Goodwill, she felt the Council should look to the commitments of the City. She made a motion that the Council delay decision on this matter until they have a decision from the Public Service Commission regarding the proposed increase, seconded by Council Member Kopczynski. Council Member Serge said that last year the Council made a. commitment to Goodwill and he thought they should follow through on their commitment. Council President Parent said he would like to speak against the motion to delay action on this request. He indicated there was a need for services, other than Goodwill, for the handicapped. He said he thought the Council on the whole had been responsive to the general--area of providing money for social services. He said whether or not this was going to start a trend where all kinds of agencies would request federal revenue sharing funds was a good question, but last year there were two commitments made by the City Council, one was to goodwill and the other to the YWCA. He said he felt the Council was well within the priorities of the City of South Bend and the federal government in terms of revenue sharing. He said he felt a commitment had been made to both agenci( and he urged Council to defeat the motion to delay action. Council Member Szymkowiak said that in examining his conscience he felt we do not appreciate what Goodwill does for the handicapped. He said if we had someone in our family that needed help it would be a different thing. Council Member Kopczynski said he did not think it was a question of whether Goodwill was doing a good job. He said the question was in the use of general tax revenue for a specific group. He said as someone suggested, perhaps they could use CETA money to handle this. He said it sounds like someone is trying to circumvent the Tax Board, and he did not feel it was fair to the com- munity. Council Member Adams said the taxpayers look to the Council to see that the City's bills are paid, and we must be in a position to pay our bills. Mr. Mullen, City Controller, indicated that the State Tax Board will have another crack at this ordinance. A vote was taken on Council Member Adams' motion and it was defeated by a roll call vote of seven nays (Council Members Serge, Szymkowiak, Miller, Taylor, Dombrowski, Horvath and Parent) to two ayes (Council Members Adams and Kopczynski). Council Member Taylor made a motion that this ordi- nance be recommended favorably to the Council, seconded by Council Member Dombrowski. The motion carried with a roll call vote of seven ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Dombrowski, Horvath and Parent) and two nays (Council Members Kopczynski and Adams). !s REGULAR MEETING APRIL 27, 1976 COMMITTEE OF THE WHOLE MEETING (CONTINUED) ORDINANCE AN ORDINANCE APPROPRIATING $17,000 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 HUMAN RESOURCES This being the time heretofore set for public hearing on the above ordinance, proponents and op- ponents were given an opportunity to be heard. Mr. Elroy Kelzenberg, Director of the Bureau of Employment and Training, made the presentation for the ordinance.- He said that last year a total of 637 sites were cleaned and cut at least once, and many were cut a second time. He said $15,000 in federal revenue sharing funds were appropriated for the effort. He said that a per lot cost of controlling weeds through the program is about $32 in equipment and supplies. This does not in- clude wages and fringe benefits for the youth, which is provided by CETA. He said the size of the program is contingent on the amount of funds made available by the City. He said that last summer it cost approximately $20,000 to control the 637 sites. He said it was the Mayor's decision to request a program size roughly equivalent to last summer. Council Member Kopczynski asked if they were hiring the proper amount of minorities. Mr. Kelzen- berg indicated they were, and that they were hiring the economically disadvantaged. He said ap- proximately 85% of the youths eligible were minorities. Council Member Kopczynski asked which group they were composed of. Mr. Kelzenberg said they were primarily black. He said of the eighty -five per cent minority, ninety -five per cent were black and five per cent were Spanish American. Council Member Kopczynski asked if any one knew the population throughout the City. Mr. Kelzenberg said in the 1970 census the black population was approximately fourteen per cent and the Spanish American was in the neighborhood of one to two per,,cent. Council Member Kopczynsl asked if they had set guidelines for hiring. Mr. Kelzenberg said they did and that he would mail one to Council Member Kopczynski. Council Member Dombrowski asked that one be mailed to all Counc Members. Council Member Adams asked if they had hired all the summer youth. Mr. Kelzenberg said they were going through the state employment service, and have gone to the high schools to en- courage the youths to go to the employment service. He said they had processed about 450 that were eligible. Council Member Adams asked how many they planned to hire. Mr. Kelzenberg said they had funds for 1,200. Council Member Adams said she would like the news media to have a copy of the guidelines in order that it could be printed in the paper, so more youths would see it, anc apply for the program. Mr. Kelzenberg said they were in the process of releasing something to the press. Council Member Horvath asked if the Board of Public Works was monitoring the weed control program. Mr. Kelzenberg said from a practical standpoint no, but from an organization standpoint yes. He said in the past the funds have always been through the Board of Public Works, however, since the employment is under the Human Resources Department, we felt the funds should be `handled through this department. He said they would continue to work hand and glove with Mr. Farrand. Council Member Horvath said he thought the Board of Public Works would have most of the informa- tion as to where the problems were, and he wondered if they were getting this from the Board. Mr. Kelzenberg said the lots they cut last year were on a register and they were assuming they would all need cutting again. He said that additional information on lots not on the list, would be added to the register. Council Member Serge said that the enviromental officers should be able to tell you what needs to be taken care of. Mr. Kelzenberg said that was a good point. Council Member Kopczynski asked if they had to use one hundred per cent CETA funds within the low income guidelines, or do they have discretionary funds that can be used for supervision, etc., and what is the percentage of discretionary spending that does not have to be within the low income guide- lines. Mr. Kelzenberg said it was only the administration cost and that has been twenty per cent. Council Member Serge made a motion that this ordinance be recommended favorably to they _Council, seconded by Council Member Dombrowski. The motion carried. There being no further business to come- before the Committee of the Whole, Council Member Taylor made a motion to rise and report to the Council, seconded by Council Member Dombrowski. The motion carried. ATTEST: ATTEST: City Clerk Chairman 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 9:00 p.m., Council President Parent presiding, and nine mem- bers present. Council Member Szymkowiak made a motion to recess, seconded by Council Member Dombrowski. The meeting recessed at 9:00 p.m. 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 9:10 p.m., Council President Parent presiding, and nine mem- bers present. Council President Parent said he had asked Council Member Adams to read the Council minutes. He said he thought it would be a good idea if all the Council Members read the minutes occasionally. 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 respectuflly report that it has inspected the minutes of the April 12, 1976 meeting of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. Is Mary Christine Adams Is Roger 0. Parent REGULAR MEETING APRIL 27, 1976 REGULAR MEETING - RECONVENED Council Member Serge made a motion that the report be accepted as read, placed on file and the minutes be approved, seconded by Council Member Taylor. The motion carried. REPORT FROM THE COMMITTEE OF THE WHOLE Council Member Horvath made a motion to waive the reading of the report of the Committee of the Whole, seconded by Council Member Taylor. The motion carried by a roll call vote of nine ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent). REPORTS FROM AREA PLAN The Honorable Common Council April 21, 1976 City of South Bend County -City Building South Bend, IN 46601 In RE: A proposed ordinance and site development plan of Lynn and Ruth Hoover, to zone from "B" Residential "A" Height and Area, to 11C -1" Commercial, "A" Height and Area, property located at 2018 and 2022 East Mishawaka Avenue, City of South Bend Gentlemen: The attached rezoning petition of Lynn and Ruth Hoover was legally advertised April 3, and April 10, 1976. The Area Plan Commission gave it a public hearing on April 20, 1976, at which time the following action was taken: "Upon a motion by Dwight Miller, being seconded by Paul Klein and unanimously carried, the petition of Lynn and Ruth Hoover, to zone from "B" Residential, "A" Height and Area, to 11C -1" Commerical, "A" Height and Area, property located at 2018 and 2022 East Mishawaka Avenue, City of South Bend is returned to the Common Council with a favorable recommendation, subject to a final site plan, by the Area Plan Com- mission." 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 a copy of the A.P.C. Staff Report. Very truly yours, s/ Richard S. Johnson, Executive Director RSJ /cm cc: Lynn and Ruth Hoover Russell Fisher, Attorney The Honorable Common Council April 21, 1976 City of South Bend County -City Building South Bend, IN 46601 In Re: A proposed ordinance and site development plan of Stanley Pietzak and Michael Lind, to zone from "AT- -- Residential, "A" Height and Area, to "C" Commercial, "G7 Height and Area, property located on the north side of State Road #23 and the south side of Edison Road, between Ivy Road and Twyckenham Drive, City of South Bend Gentlemen: The attached rezoning petition of Stanley Pietzak and Michael Lind was legally advertised April 3, and April 10, 1976. The area Plan Commission gave it a public hearing on April 20, 1976, at which time the following action was taken: "Upon a motion by Joseph Simeri, being seconded by Daniel Chrzan and unanimously carried, the petition of Stanley Pietzak and Michael Lind, to zone from "A: Residential, "A" Height and Area, to "C" Commercial "G" Height and Area, property located on the north side of State Road #23 and the south side of Edison Road, between Ivy Road and Twyckenham Drive, City of South Bend, is returned to the Common Council with a favorable recommendation by the Area Plan Commission, subject to a final site plan which shall remove the curb cut from State Road #23, remove parking from the clear vision areas created at the intersections of Twyckenham Drive with State Road #23 and Edison Road; REGULAR MEETING APRIL 27, 1976 REGULAR MEETING - RECONVENED screen the parking areas visible from residentially zoned areas, achieve a better alignment of the easterly -most curb cut along Edison Road with Ivy Road, and provide an entrance off of Twyckenham Drive onto adjacent property utilized for stadium parking, and further that the developer dedicate and improve Twyckenham Drive from State Road 23, to Edison Road to the standards and specifications of the City Board of Public Works and provide curbing along State Road #23 and Edison Road in the area of the Linebacker Inn." 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 a copy of the Area Plan Commission Staff Report. Very truly yours, s/ Richard S. Johnson Executive Director RSJ /cm Attach. cc: Stanley Pietzak John Wilson The Honorable Common Council April 21, 1976 City of South Bend County -City Building South Bend, IN 46601 In Re: A proposed ordinance initiated by the Area Plan Commission to zone recently annexed land in Kensington Farms from "A" Residential, to "A" Residential, "A: Height and Area, property located 900 feet west of York Road, on the north and south sides of Kern Road, City of South Bend Gentlemen: The attached rezoning petition initiated by the Area Plan Commission was legally advertised April 3, and April 10, 1976. The Area Plan Commission gave it a public hearing April 20, 1976, at which time the following action was taken: "Upon a motion by Rollin Farrand, being seconded by Joseph Serge and unanimously carried, the petition initiated by the Area Plan Commission to zone recently annexed land in Kensington Farms from "A" Residential, to "A" Residential, "A: Height and Area, property located 900 feet west of York Road, on the north and south sides of Kern Road, City of South Bend, is returned to the Common Council with a favorable recommendation, by the Area Plan Commission." The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in 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 a copy of the A.P.C. Staff Report. Very truly yours, s/ Richard S. Johnson, Executive Director RSJ /cm Attach. PETITION TO AMEND ZONING ORDINANCE We, the undersigned, do hereby respectfully make application and petition the 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 900 feet west of York Road on the north and south sides of Kern Road. 2. The property is owned by Various property owners, listed in the Area Plan Commission office (file #447 -76). REGULAR MEETING APRIL 27, 1976 REGULAR MEETING - RECONVENED 3. A legal description of the property is as follows: Beginning at the intersection of the centerline of York Road and the north line of Section 6, T36N, R3E (a point on the present City Limits line); thence south 200 feet; thence west 1680 feet more or less to a point on the present City Limits line; thence northerly 290 feet along the present City Limits line to the southwest corner of Lot 67 in Kensington Farms Subdivision, Section 3, Part 2; thence northerly and easterly and southerly along the present City Limits line (which line is also the boundary line of Kensington Farms Subdivision, Section 3, Part 2) to the southeast corner of Lot 77 in Kensington Farms Subdivision, Section 3, Part 2; thence south 40 feet along the present City Limits line to the south line of Section 31, T37N, R3E; thence east along the south line of Section 31, T37N, R3E (which section line is also the present City Limits line) a distance of 927 feet more or less to the place of beginning, containing 29.4 acres, all in the southwest 1/4 of Section 31, T37N, R3E and the northwest 1/4 of Section 6, T36N, Centre Township, St. Joseph County, Indiana. 4. It is desired and requested that the foregoing property be rezoned From "A" Residential Use and No-Height and Area District To "A" Residential Use and "A" Height and Area District 5. It is proposed that the property will be put to the following use and the following buildings will be constructed (include number of dwelling units if residential) Existing uses will remain. 6. Number of off - street parking spaces to be proved. Not applicable 7. Attached is a copy of 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. Area Plan Commission of St. Joseph County Signature of Petitioners 1140 County -City Building Address Petition Prepared By Richard S. Johnson Executive Director Area Plan Commission Council Member Szymkowiak made a motion to set the applicable ordinances for public hearing and second reading on May 10, 1976, seconded by Council Member Adams. The motion carried. Council President Parent indicated that action on the petition would be taken when the ordinance had its first reading. ORDINANCES, SECOND READING ORDINANCE NO. 5968 -76 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). (2018 -2022 MISHAWAKA AVE). This ordinance had second reading. Council Member Kopczynski made a motion to pass the ordinance, seconded by Council Member Dombrowski. The ordinance passed by a roll call vote of nine ayes (Council Members Serge, Szymkowiak, Miller, Taylor,Kbpczynski, Adams, Dombrowski, Horvath and Parent). ORDINANCE NO. 5969 -76 AN ORDINANCE APPROPRIATING $6,000 TO LINE ITEM 260.0 CONTRACTUAL SERVICES, WITHIN THE CUMULATIVE SEWER BUILDING AND SKINKING FUND, TO BE ADMINISTERED BY THE BUREAU OF STREETS IN THE REPAIR OF SEWER STRUCTURES AND RELATED RE- CONSTRUCTION. This ordinance had second reading. Council Member Szymkowiak made a motion to pass the ordinance, seconded by Council Member Dombrowski. The ordinance passed by a roll call vote of nine ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent). REGULAR MEETING APRIL 27, 1976 u - REGULAR MEETING - RECONVENED ORDINANCES, SECOND READING (CONTINUED) ORDINANCE NO. 5970 -76 AN ORDINANCE APPROPRIATING THE SUM OF $1,950,000 FROM THE CUMULATIVE SEWER SINKING AND BUILDING FUND TO PROJECT CS -2, MODEL CITIES SEWER SEPARATION, WITHIN SAID FUND. This ordinance had second reading. Council Member Szymkowiak made a motion to amend the ordinanc as amended in the Committee of the Whole, seconded by Council Member Taylor. The motion carried. Council Member Szymkowiak made a motion to pass this ordinance as amended, seconded by Council Member Taylor. The ordinance passed by a roll call vote of nine ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent). ORDINANCE NO. 5971 -76 AN ORDINANCE AMENDING ORDINANCE NO. 5855 -76 FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 1976. This ordinance had second reading. Council Member Kopczynski made a motion to pass the ordinanc seconded by Council Member Horvath. The ordinance passed by a roll call vote of nine ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent) . ORDINANCE NO. 5972 -76 AN ORDINANCE APPROPRIATING $100,000 FROM THE FEDERAL ASSISTANCE GRANT FUND COMMONLY REFERRED TO AS GENERAL REVENUE SHARING TO PROGRAM FA 87 GOODWILL INDUSTRIES OF SOUTH BEND THROUGH ITS DEPARTMENT OF HUMAN RESOURCES This ordinance had second reading. Council Member Szymkowiak made a motion to pass the ordinanc( seconded by Council Member Horvath. The ordinance passed by a roll call vote of seven ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Dombrowski, Horvath and Parent and two nays (Council Members Adams and Kopczynski). ORDINANCE NO. 5973 -76 AN ORDINANCE APPROPRIATING $17,000.00 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 HUMAN RESOURCES. This ordinance had second reading. Council Member Taylor made a motion to pass the ordinance, seconded by Council Member Adams. The ordinance passed by a roll call vote of nine ayes (Counci Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent). RESOLUTIONS RESOLUTION NO. 518 -76 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, APPROVING THE PLACING OF THE INSCRIPTION "TO SERVE AND TO PROTECT" ON ALL MUNICIPAL POLICE AND FIRE VEHICLES WHEREAS, the members of the police and fire forces of the city of South Bend render valuable services to the citizens of our community; and, WHEREAS, the policemen and firemen are dedicating themselves as public servants to protect and serve the needs of our community, NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana, that: SECTION I. The Common Council of the City of South Bend approves the placing of the inscription "To Serve and To Protect" on all municipal police and fire vehicles. SECTION II. The "To Serve and To Protect" inscription shall serve as a reminder to all citizens of our community of the valuable services being rendered by and for our public servants. • SECTION III. The Board of Public Works be requested to supervise the coordination of the inscription placement with the appropriate departments and officials. SECTION IV. 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 Member of the Council A public hearing was held at this time on the resolution. Council Member Serge said he felt adopting this resolution was good public relations for the community. He said he felt this should be stenciled on the cars. He said there are approximately forty -four police cars and twelve Fire Department cars, and it will cost about $2 a piece. REGULAR MEETING APRIL 27, 1976 RESOLUTIONS (CONTINUED) Council Member Dombrowski made a motion this resolution be adopted, seconded by Council Member Taylor. The resolution was adopted by a roll call vote of nine ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent). RESOLUTION NO. 519 -76 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CONCERNING THE ACQUISITION, CONSTRUCTIONS AND LEASING OF AN ECONOMIC DEVELOPMENT FACILITY TO MC CORMICK AND COMPANY, INCORPORATED. WHEREAS, the City of South -Bend, Indiana (the "City ") , is authorized by IC, 18 -6 -4.5 (the "Act ") to issue revenue bonds for the financing of economic development facilities, the funds from said financing to be used for the acquisition, construction and equipping of said facilities, and said facilities to be leased to other persons; and WHEREAS, McCormick & Company, Incorporated ( "McCormick ") has advised the City that it proposes that the City acquire, construct and equip an economic- development facility and.-l- ease,1. the same to _McCormick, as lessee, said economic development facility to be a food processing facility consisting of approximately 50,000 square feet and certain equipment and machinery incidental to the processing and storage of the products, all located on a tract of approximately 8.44 acres in the Airport Industrial Park, South Bend, Indiana; and WHEREAS, McCormick has further advised the City that a determination by the City-to issue its revenue bonds under the Act to finance the acquisition, construction and equipping of the Project under contractual arrangements whereby the City would lease the Project to McCormick and McCormick would make rental payments sufficient to pay the principal of, premium, if any, and interest on such bonds, will constitute a substantial inducement to McCormick to proceed with negotiations for the acquisition of the land and construction of the building improvements and McCormick has agreed to pay or reimburse the costs of the City whether or not such bonds are issued; and WHEREAS, the diversification of economic development, increase in job opportunities and increase in tax base to be achieved by the acquisition, construction and equipping of the Project will be of public benefit to the health, safety and general welfare of the City and its inhabitan and WHEREAS, subject to all required approvals under the Act and the advice of the South Bend Economic Development Commission, it would appear that the financing of the Project will comply with the purposes and provisions of the Act; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana: 1. The Common Council finds and determines that the promotion of diversification of economic development and job opportunitities and increasing the tax base, in South Bend, Indiana, is desirable to preserve the health, safety and general welfare of the inhabitants of the City of South Bend; and that it is in the public interest that the City take such action as it law- fully may to encourage diversification of economic development and promotion of job, opportunities in the City. 2. The Common Council further finds andd-2�termines that the issuance and sale of revenue bonds of the City under the Act in an amount not to exceed $3,800,000.00 for the acquisition construction and equipping of the Project and the leasing of the Project to McCormick will serve the public purposes referred to above, in accordance with the Act. 3. In order to induce McCormick to proceed with negotiations for the acquisition, constructic and equipping of the Project, the Common Council hereby determines that (i) it will take or cause to be taken such actions pursuant to the Act as may be required to implement the aforesaid financ- ing, or as it may deem appropriate in pursuance thereof; provided that all of the foregoing shall be as authorized by law and is mutually acceptable to the City and McCormick; (ii) it will adopt such ordinances and resolutions and authorize the execution and delivery of such instruments and the taking of such action as may be necessary and advisable for the authorization, issuance and sale of said economic development bonds, subject to the City obtaining all approvals as may be required under the Act, including the advice of the South Bend Economic Development Commission. 4. All costs of the.Project incurred after this resolution, including reimbursement or re- payment to McCormick of moneys expended by McCormick for planning, engineering, interest paid during construction,.underwriting expenses, attorney and bond consel fees, acquisition, constructs( and equipping of the Project will be permitted to be included as part of the bond issue to finance said Project, and the City will thereafter lease the same to McCormick. 5. This resolution shall be in full force and effect from and after its passed and signing by the Mayor. /s/ c Christine Adams A public hearing was held at this time on the resolution. Mr. Peter Mullen, City Controller, said this resolution was an inducement for McCormick and Company to acquire and construct a facility in South Bend. He said that McCormick was one of the largest food processing companies in the United States. He said they will occupy 8.44 acres of land with food processing and storage facilities. He said the estimated cost was $3,800,000. He said that the Economic Development Commission passed an inducement resolution on April 16. Council Member�Szymkowiak made a motion this resoluti be adopted, seconded by Council Member Dombrowski. The resolution was adopted by a roll call vote of nine ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent). m REGULAR MEETING - RECONVENED ORDINANCES, FIRST READING ORDINANCE AN ORDINANCE FOR ADDITIONAL APPROPRIATION FROM THE GENERAL PARK FUND IN THE AMOUNT OF $75,000.00 TO ACCOUNT NUMBER 260.0, OTHER CONTRACTUAL SERVICES, GENERAL This ordinance had first reading. Council Member Horvath made a motion to set the ordinance for public hearing and second reading on May 10, 1976, seconded by Council Member Dombrowski. The motion carried. ORDINANCE AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS FROM THE MOTOR VEHICLE HIGHWAY FUND IN THE AMOUNT OF $25,000.00 TO ACCOUNTS 425.0 CON- CRETE AND 722.0 (PROPERTIES, MOTOR EQUIP- MENT) . This ordinance had first reading. Council Member Taylor made a motion to set the ordinance for public hearing and second reading on May 10, 1976, seconded by Council Member Dombrowski. The motion carried. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA (900 feet west of York Road and north of Kern Road). This ordinance had first reading. Council Member Dombrowski made a motion to set the ordinance for public hearing and second reading on May 10, 1976, seconded by Council Member Taylor. The motion carried. UNFINISHED BUSINESS Council President Parent said that the South Bend Parking Facilities Study Commission has sub- mitted a report to the Council. He said the report had also been sent to the Board of Public Works. Council Member Miller made a motion to set the resolution on parking rates for the May 10, 1976, regularly scheduled meeting of the Common Council, seconded by Council Member Adams. The motion carried. NEW BUSINESS Sale of City Owned Real Estate - 1102 Queen Street. Council Member Adams asked Mr. Farrand if he had been approached by anyone wanting to buy this property. Council Member Serge said the man living next door wanted to buy the property. Mr. Farrand, Director of the Department of Public Works, indicated that it had been determined that this was excess property and the City did not need it. Council Member Adams made a motion that the City sell this property, seconded by Counci Member Domrowski. The motion carried. Council Member Serge questioned Mr. Farrand regarding a change in procedure in the handling of complaints. He said he used to turn a complaint into the envirntal officer and get instant action. Mr. Farrand, Director of the Board of Public Works, said that his office, together with city attorney, was trying to get reimbursement from the property owners and this procedure was taking a little longer to get the complaints handled. He said they were trying to place the res- ponsibility back on the property owner where they thought it belonged. He said that if there was a priority in any district, if the Council Member would let his office know, it would be handled. Council President Parent said he had received information about Cable TV and it appeared there were all types of new requirements. He said that Cable TV was going to conduct a seminar in Chicago, and he thought some one from the Council should attend. He said he would like Council's authorization to send the Council attorney. Mr. Thomas Brunner, City Attorney, said he had re- ceived a communication on this also, and they were going to send some one to the seminar. He sai it was his understanding that Mr. Farrand was also going to attend. Council President Parent in- dicated that as long as the City was sending a representative, Council did not need to send any one. Council Member Szymkowiak asked Mr. Mullen about the three per cent revenue received from Cable TV. Mr. Mullen said we receive the revenue bi- annually. Council Member Szymkowiak asked Mr. Mullen to look up when we received the first check, because he felt they had missed a payment. Mr. Walt Lantz, Deputy City Controller, said he checked this for the Council last year, and the City had received all the money due. There being no further business to come before the Council, unfinished or new, Council Member Adams made a motion to adjourn, seconded by Council Member Horvath. The motion carried and'the meeting was adjourned at 9:40 p.m. ATTEST: APPROVED- CITY CLERK