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HomeMy WebLinkAbout06-26-72 Council Meeting MinutesREGULAR MEETING JUNE 26, 1972 REGULAR MEETING Be it remembered that the Common Council of the City of South Bend, Indiana met in the Council Chambers of the County -City Building on Monday, June 26, 1972 at 6 :35 p.m. The meeting was called to order by President Peter J. Nemeth and the Pledge of Allegiance to the flag was given. ROLL CALL PRESENT: Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth. RESOLVE INTO THE COMMITTEE OF THE WHOLE Council President Nemeth entertained moved by Councilman Taylor, seconded COMMITTEE OF THE WHOLE MEETING Be it remembered that the Common Coui of the Whole in the Council Chambers 6 :36 p.m. with nine members present. who presided. a motion to resolve into the Committee of the Whole, so by Councilman Miller, and carried. Zcil of the City of South Bend, Indiana met in the Committee of the County -City Building on Monday, June 26, 1972 at The meeting was called to order by Chairman Odell Newburn ORDINANCE AN ORDINANCE FIXING THE ANNUAL SALARIES FOR CERTAIN PERSONNEL OF THE ENGINEERING DEPARTMENT OF THE CITY AND APPROPRIATING THE MONIES THEREFOR, AND FOR OTHER RELATED PURPOSES. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard thereon. Mr. William Richardson, Director of Public Works, explained that this ordinance had had a public hearing some weeks ago but the field examiner from the State Board of Tax Commissioners had requested that another public hearing be held because of a legal flaw in the advertising. This Ordinance would provide for additional personnel in the City Engineering Department to supervise construction of projects under the Department of Redevelopment Urban Renewal Program. The salary costs would be reimbursed to the city by the Department of Redevelopment. With these additional employees, the city could do sur- veying, soil and concrete testing which is now being done by independent testing laboratories and this would result in a saving for the city. Mr. Richardson said that the city would save up to 7/ in costs necessitated by hiring private firms and contractors to do the work that these additional men will do. Councilman Kopczynski made a motion that the Ordinance go to the Council as favorable, seconded by Councilman Szymkowiak. The motion carried. ORDINANCE AN ORDINANCE ESTABLISHING A NEW ACCOUNT WITHIN THE 1972 BUDGET FOR THE CITY OF SOUTH BEND, INDIANA "DEPARTMENT OF HUMAN RESOURCES AND ECONOMIC DEVELOPMENT, ACCOUNT NO. YY -11, 'SERVICES PERSONAL' ", AND TRANSFERRING THERETO THE AMOUNT OF $10,208.33 FROM THE FOLLOWING ACCOUNT, "CITY CEMETERIES DEPARTMENT ", ACCOUNT NO. N -12, 'SERVICES PERSONAL" ALL BEING WITHIN THE GENERAL FUND. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard thereon. Charles A. Sweeney, Jr., City Attorney, acted as spokesman for the administration. He told the Council that savings effected in the City Cemeteries Department can be used to fund the position of Director of Human Resources with no pressure to increase the tax rate. Mr. Leszczynski, Cemetery Sexton, has been able to reduce operation costs by eliminating some positions, reducing the winter work force and using part -time labor during the spring and summer. As a result of this lower budget level, resources are available to fund the cabinet post. Mr. Leszczynski has saved the city enough to fund this new department. Since the ordinance was prepared in early June, the amount needed should be amended to read $8,750. Miss Virginia Guthrie, Executive Secretary.of the Civic Planning Association, said that Mr. Leszczynski should be complimented for saving the city this money. She said that while her organization approved the program of a Human Resources Department, they feel the start- ing salary is too high. She compared this starting salary with the salaries of the Building Commissioner at $14,538 with eight years experience, the Park Superintendent at $15,750 with many years experience, and the Director of Public Welfare at $17,040. She asked that the Council consider reducing this starting salary to bring it in line with other salaries in the city and county. Mrs. Janet Allet, 125 W. Marion Street, agreed with Miss Guthrie that the starting sal- ary was too high. She said that when you only know the title of the ordinance it is very diffi- cult for the public to speak on the ordinances. She questioned the need for another new depart- ment in the city. She warned that, once the department is funded, the director will need an office, a desk, telephone, a secretary, other supplies, traveling expense, etc. She asked the Council to start the new position at a more reasonable salary at least until the Director learns his job. City Controller told the Council that it will not be necessary to buy anything now. Space is available and there is an existing telephone available at no additional cost. A secre- tary for the director will not be a new position but will be one from the Building Department. For the time being, he will be using a secretary from the Mayor's office. Mr. Fred Craven, 1012 E. Fairview, said that the City Cemetery is a state - mandated department and asked whether there has been legal clarification as to whether this money can be used. City Attorney Charles A. Sweeney, Jr. said that this procedure would in no way place the city in jeopardy with state statutes. Mrs. Allen said that the condition of the markers in the cemetery is deplorable and they should not take money which would be used for this purpose. Mr. Barcome said that they have been doing work on the stones in the cemetery, using Street Department personnel but they are now being used in the slurry seal program and later in the year they can go back to help in the cemetery. Councilman Kopczynski asked what the surplus in the Cemetery Budget is and Mr. Barcome said that it will be about $18,000 over last year. Councilman Miller made a motion that the ordinance be amended to change the amount to $7,500 and the starting date to July 1st, 1972. Councilman Nemeth seconded the motion to amend. The motion carried by a voice vote with Council- man Parent casting a nay vote. Councilman Miller made a motion that the ordinance go to the Council as favorable, as amended. The motion was seconded by Councilman Taylor and carried. REGULAR MEETING JUNE 26, 1972 COMMITTEE OF THE WHOLE MEETING (CONTINUED) ORDINANCE AN ORDINANCE TRANSFERRING FUNDS WITHIN THE FIRE DEPARTMENT 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 thereon. Fire Chief Jack Bland made a presenta- tion for the ordinance. He said that there is a very serious problem within the Department regarding the condition of the apparatus. The need is for fire pumpers. They have had a series of mechanical mishaps and problems. The snorkel was out of service for a time due to an acci- dent. In March it was necessary to borrow a pumper from Notre Dame to satisfy fire requirements at Station Three, an area with four hospitals and several nursing homes and schools. There has been a dilution of our fire fighting capabilities over a period of several years. Under a lease - purchase agreement we can get the needed apparatus as quickly as possible at the current market price. For three years in: °a row, 1965, 1966, and 1967, no pumpers were purchased. The cost is continually rising. The cost of a pumper in 1961 was $27,000 and the cost in 1971 was $46,000. A lease - purchase plan will provide a logical replacement program for the Department. Mrs. Janet Allen asked Chief Bland if this money was being transferred from the $83,500 motor equipment item in the budget and Chief Bland replied that it was. Miss Guthrie commended Chief Bland on an excellent report and said that, in view of the time element involved in the delivery of such equipment, the Council should consider immediately ordering two trucks. Councilman Kopczynski asked Chief Bland a number of questions about the replacement and repair of equipment, capacity of existing tankers, and operational accidents. Chief Bland said that disciplinary action is taken where there is willful negligence in the damaging of fire apparatus. He said that the Master Mechanic of the Fire Department works long hours, including week ends and nights, in an attempt to keep the equipment in running order. Councilman Miller asked City Attorney Sweeney if the Board of Public Works had recommended purchasing six pumpers. Mr. Sweeney said that this was the consensus of opinion at a staff meeting with the Mayor and Controller. Councilman Szymkowiak asked Chief Bland if they had investigated the best possible way to finance these pumpers at the best interest rate. Chief Bland replied that they advertise for competitive bids. Councilman Miller made -a motion to amend the ordinance to read in Section Q -52 "two (2) pieces of firefighting apparatus over a period not to exceed two (2) years ". Councilman Taylor seconded the motion. The motion was defeated by a vote of two ayes (Councilmen Miller and Taylor seven nays (Councilmen Serge, Szymkowiak, Parent, Kopczynski, Horvath, Newburn and Nemeth). Councilman Nemeth questioned the wording of the ordinance to appropriate $60,000 for six years since this would be more than the amount needed. Attorney Sweeney said it was the intent of the ordinance to purchase six pieces of equipment in the next succeeding five years until the lease - purchase agreement is terminated. In effect, they would be transferring $60,000 this year and appropriating $60,000 a year for the next four years. Councilman Nemeth moved to amend the ordinance changing the number of pieces of equipment to be purchased to three and the number of years to three. Councilman Kopczynski seconded the motion to amend and it carried. Councilman Kopczynski moved that the ordinance go to the Council as favorable, as amended, seconded by Councilman Szymkowiak, and carried. Chairman Newburn called for a five minute recess at 8:25 p.m. The regular meeting reconvened at 8:35 p.m. ORDINANCE AN ORDINANCE TO APPROPRIATE $175,000.00 FROM THE LOCAL ROAD AND STREET FUND TO THE ACCOUNT "SERVICES CONTRACTUAL" WITHIN THE LOCAL ROAD AND STREET FUND. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard thereon. Mr. William Richardson, Director of Public Works, explained that this would cover the cost of 50% of the reconstruction of the Penn Central tracks on South Main Street. This is a part of the TOPICS program and is 50% federally funded. Under the downtown renewal program, Michigan and St. Joseph Streets will be one way north and Main Street one way south. The viaduct at Main Street between Bronson and South has only a 12 foot clearance. The new construction will provide 14' 6" clearance, reconstruction of pavement, new drainage, curbs, walks and traffic signals. Construction is to begin in July. Councilman Kopczynski asked Mr. Richardson why, if the TOPICS program is to help move traffic on arterial streets, the Sample - Walnut area is not considered. Mr. Richardson said that there is an over -all comprehensive plan, but that the area Councilman Kopczynski referred to involves large structures which would have to be moved and would involve relocating people. This area will be included in the long -range plans but there is nothing on paper today as a timetable. Councilman Horvath referred to the Olive- Sample Street crossing as a problem that has existed for over 25 years and nothing has been done about it. Mr. Richardson explained that TOPICS does not encompass projects like the Olive- Sample crossing. 90 families must be relocated in that project. Councilman Miller moved that the ordinance go to the Council as favorable, seconded by Councilman Taylor. Motion carried. ORDINANCE AN ORDINANCE TO APPROPRIATE $180,000.00 FROM THE LOCAL ROAD AND STREET FUND TO THE ACCOUNT "SERVICES CONTRACTUAL" WITHIN THE LOCAL ROAD AND STREET FUND. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard thereon. Mr. William Richardson, Director of Public Works, spoke for the ordinance. This ordinance covers reconstruction of Main Street from Chippewa to Bronson and Chippewa from Main to Michigan Streets. This would involve a new inter- section at Chippewa and Michigan, and the widening of Main Street. $30,000 for this project would come from the cumulative capital improvement fund. Mr. Roman Kowalski, 802 Birchwood, asked Mr. Richardson where South Bend's share of this project cost would come from. Mr. Richard- son said that the Local Road and Street Fund is the 7th and 8th cent tax on gasoline which is allocated to the cities on a pro -rated basis. We have $1,200,000 in this account but must apply for the funds for each project. The other portion of this ordinance deals with preliminary engineering for Ironwood Drive and Ireland Road. The overall cost of this project is $2,500,000 and it is being forced on us by the construction of the Scottsdale Mall. If the city will show intent to reconstruct Ironwood, the state will reconsider an interchange with the bypass at Ironwood Road. U. S. 31 is the only road north and south through the city. Ironwood is the only other road running north in the city. When final plans, specifications and right -of -way data are available, the Board of Public Works will hold a pbblic hearing so that the citizens of South Bend can have input in this project. Councilman Kopczynski asked Mr. Richardson if the Board of Works hearing would be held at a time when the public would be able to attend. Mr. Richardson said he could guarantee it would be an evening meeting. Councilman Parent made a motion that the ordinance go to,--the Council as favorable, seconded by Councilman Szymkowiak. Motion carried. REGULAR MEETING JUNE 26, 1972 COMMITTEE OF THE WHOLE MEETING (CONTINUED) ORDINANCE AN ORDINANCE APPROPRIATING THE SUM OF $125,000.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard thereon. Mr. William Richardson, Director of Public Works, said that this project concerns the construction of a sanitary sewer on the north side of Cleveland Road, from Lilac Road to Maple Road, for the future expansion of the city. Mr. Roman Kowalski asked why the need to construct these sewers now, why not wait until they are needed. Mr. Richardson said that to wait to put the sewers in later would mean breaking up a $700,000 investment in new pavement. Miss Virginia Guthrie asked Mr. Richardson what the balance is in the cumulative sewer building and sinking fund. Mr. Richardson replied that the balance is $1,100,000.` However, $700,000 of that is allocated to a Model Cities project. Councilman Nemeth moved that the ordinance go to the Council as favorable, seconded by Councilman Szymkowiak. The motion carried. ORDINANCE AN ORDINANCE TO AMEND SUB - DIVISION (2) OF SUB- SECTION (A) OF SECTION 15 -16 OF CHAPTER 15 OF THE MUNICIPAL CODE OF THE CITY OF SOUr H 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 thereon. Mr. John Montgomery, representing the Yellow Cab Company, spoke for the ordinance. The ordinance would provide for an increase in mileage rates to $.60 for the first one -fifth of a mile or fraction thereof and ten cents ($.10) for each additional one - fourth of a mile or fraction thereof. He called the attention of the Council to the fact that the 1971 Municipal Code lists the rate incorrectly at ten cents for each additional one -third of a mile but the 1968 ordinance does read ten cents for each additional one - fourth of a mile. Taxi cab rates are freed from price control so this rate change would not be in violation of the wage -price freeze. The rates being charged now are not sufficient to offer adequate compensation to the drivers and it is impossible to supply sufficient services at the present time. While the company has 75 licenses, there are only 35 operating at the present time. The proposed rates are in line with rates in cities of comparable size. Councilman Parent suggested that, if the Council is going to act as a regulating agency in matters of this kind, they will need to ask for more information on profit and loss factors. Councilman,Szymkowiak made a motion that the ordinance go to the Council as favorable, seconded by Councilman Kopczynsk The motion carried. ORDINANCE AN ORDINANCE AMENDING THE REFUSE ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA. AN ORDINANCE AMENDING THE REFUSE ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on these ordinances, proponents and opponents were given an opportunity to be heard thereon. Councilman Miller proposed to amend the Ordinance contained in Item 3I on the agenda as follows: "Strike section 16 -8D. Strike Section 16 -30. Amend Section 16 -10B to read "The charge for city collection of garbage and trash and disposal shall be $1.50 per month for all households which can present to the Bureau of Refuse Removal a receipt for an exemption over 65 statement and $2.00 per month for all other households "; add a Section 16 -57, "Severability. If any portion of this ordinance be declared or adjudged invalid, the remaining sections shall remain in full force and effect so long as they do not conflict with existing law." Councilman Parent seconded the amendment. It was the feeling of the Council that the public hearing should be conducted before taking action on--the amendment. Mr. William J. Richardson, Director of Public Works, gave a presentation on both ordinances, referring to the Ordinance in Item 3H as the competitive collection proposal and Item 3I as the city collection. He said that the two ordinances are quite similar and briefly outlined the method of collection, routes, charges, and restrictions in both ordinances. Both ordinances provide for penalties and define what shall constitute public nuisances and both provide for licensing. There can be no estimate given on the cost of the competitive collection plan but Mr. Richardson did present a breakdown of proposed costs for the city collection plan which would require an operating budget of $857,000. A loan in the amount of $150,000 would be require in order to start the operation, and this loan would be repaid after the first collections had been made. Mr. Maurice Cohen, 725 E. Eckman, spoke against the ordinances. He said the cost would be much too high and the City now has a good Sanitation Department under Mr. Koloszar and he sees no need to change. Mr. George Herendeen, 1st Bank Building, Attorney for the Independent Trash Haulers Association, spoke against the ordinance. He said that he has the signatures of over 4,000 citizens who oppos the ordinances. He said that the officers of the Independent Trash Haulers Association are ask- ing the Council to delete both ordinances. These men are dependent upon their earnings as privat trash haulers. The ordinances would exclude from competition all private trash haulers and deprive them of their civil right to earn an independent living. The ordinances would cause irreparable and irrevefsible damage to the independent trash haulers. There are now 117 members of the Independent Trash Haulers Association. Mr. Herendeen suggested that the problems which exist could be solved by strict enforcement of existing laws. He said the proposed licensing fee in the ordinances is much too high as it would increase from the present $6.00 fee to $25.00. He referred to the ordinance proposing city trash removal as a capitalistic ordinance and the ordin- ance for combined city and private hauling as a marriage ordinance. He said they are opposed to both ordinances, but the marriage ordinance is less objectionable. He asked if the city is going to get into the landfill business. He asked that the two ordinances be defeated and that any other ordinance dealing with this problem not be presented without substantial modification. Mr. Kenneth Buhle, representative of the Teamsters Union, Local No. 364, spoke in opposition to the ordinances. He read a prepared statement expressing the opposition of the union. The state- ment recommended that the trash pickup program be left to the private trash haulers, that strict enforcement of existing ordinances would help solve the problems, and that the Council should consider setting up a Trash Committee to be of advisory assistance to the Council. Councilman Serge moved for a ten minute recess, seconded by Councilman Szymkowiak. Councilman Nemeth called for a show of hands on the vote. The motion carried with a vote of eight ayes, one nay (Council- man Nemeth). The meeting recessed at 10:15 p.m. REGULAR MEETING JUNE 26 1972 REPORT FROM AREA PLAN COMMISSION (CONTINUED) 4. Sec. 21- 120- 4.E.5. This item should also read as follows: (4.E.5.) ... unless the petitioner makes request to the Commission in writing for additional time. 5. Sec. 21- 122.C. This item should be extended with the following: (c) ... Except that: For lots of record in a recorded subdivision building permits may be issued for single family dwelling units. I would appreciate the opportunity to discuss with you and the Council the reasons for the above recommended revisions. Very truly yours, /s/ Howard Bellinger Howard Bellinger, Executive Director HB:lad Enclosures 31 Councilman Taylor made a motion, seconded by Councilman Kopczynski, that this ordinance be set for public hearing on July 24, 1972. Motion carried. REPORT OF THE COMMITTEE OF THE WHOLE Council President Nemeth entertained a motion to waive the reading of the Committee of the Whole report, so moved by Councilman Horvath, seconded by Councilman Parent, and carried unanimously. ORDINANCES, THIRD READING ORDINANCE NO. 5392 -72 AN ORDINANCE FIXING THE ANNUAL SALARIES OF CERTAIN PERSONNEL OF THE ENGINEERING DEPARTMENT OF THE CITY, AND APPROPRIATING THE MONIES THEREFOR, AND FOR OTHER RELATED PURPOSES. This ordinance was given third reading. Councilman Serge made a motion for passage of the ordinance, seconded by Councilman Szymkowiak. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth) . ORDINANCE NO. 5400 -72 AN ORDINANCE ESTABLISHING A NEW ACCOUNT WITHIN THE 1972 BUDGET FOR _ HE CITY OF SOUTH BEND, INDIANA "DEPARTMENT OF HUMAN RESOURCES AND ECONOMIC DEVELOPMENT ", ACCOUNT NO. YY -11, 'SERVICES PERSONAL" AND TRANSFERRING THERETO THE AMOUNT OF $7,500 FROM THE FOLLOWING ACCOUNT: "CITY CEMETERIES DEPARTMENT!', ACCOUNT NO. N -12, 'SERVICES PERSONAL' ", ALL BEING WITHIN THE GENERAL FUND. This ordinance was given third reading. Councilman Taylor made a motion that the ordinance be passed, as amended, seconded by Councilman Parent. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE NO. 5401 -72 AN ORDINANCE TRANSFERRING FUNDS WITHIN THE FIRE DEPARTMENT OF THE CITY OF SOUTH BEND, INDIANA. This ordinance was given third reading. Councilman Kopczynski made a motion that the ordinance be passed as amended, seconded by Councilman Szymkowiak. The ordinance passed by a roll call vote of eight ayes (Councilmen Serge, Szymkowiak, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth) one nay (Councilman Miller). ORDINANCE NO. 5402 -72 AN ORDINANCE TO APPROPRIATE $175,000.00 FROM THE LOCAL ROAD AND STREET FUND TO THE ACCOUNT "SERVICES CONTRACTUAL" WITHIN THE LOCAL ROAD AND STREET FUND. This ordinance was given third reading. Councilman Kopczynski made a motion that the ordinance pass, seconded by Councilman Newburn. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE NO. 5403 -72 AN ORDINANCE TO APPROPRIATE $180,000.00 FROM THE LOCAL ROAD AND STREET FUND TO THE ACCOUNT "SERVICES CONTRACTUAL" WITHIN THE LOCAL ROAD AND STREET FUND. This ordinance was given third reading. Councilman Kopczynski made a motion for passage of the ordinance, seconded by Councilman Szymkowiak. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE NO. 5404 -72 AN ORDINANCE APPROPRIATING THE SUM OF $125,000.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND. This ordinance was given third reading. Councilman Kopczynski made a motion for passage of the ordinance, seconded by Councilman Szymkowiak. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). REGULAR MEETING JUNE 26, 1972 ORDINANCES, THIRD (CONTINUED) ORDINANCE NO. 5405 -72 AN ORDINANCE TO AMEND SUB - DIVISION (2) OF SUB - SECTION (a) OF SECTION 15 -16 OF CHAPTER 15 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA. This ordinance was given third reading. Councilman Kopczynski made a motion that the ordinance pass, seconded by Councilman Szymkowiak. The ordinance was passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). RESOLUTIONS RESOLUTION NO. 309 -72 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA IN THE MATTER OF FIRST BANK AND TRUST COMPANY OF SOUTH BEND, INDIANA, TRUSTEE FOR LAND TRUST #29 -5083, THE OWNER OF SAID LAND TRUST BEING CITY DEVELOP- MENT COMPANY, AN INDIANA PARTNERSHIP. WHEREAS, the First Bank and Trust Company of South Bend as Trustee for Land Trust #29 -5083 has submitted its intention to the Economic Development Commission of South Bend to purchase and rehabilitate the property at 127 North Michigan Street, South Bend, Indiana. This property is within the R -66 Urban Renewal Plan. WHEREAS, the First Bank and Trust Company of South Bend as Trustee for Land Trust #29 -5083 has submitted a statement of public service to the above Economic Development Commission of the City of South Bend and said Commission has forwarded this statement of public service with their approval and comments to the South Bend School Corporation, a copy of which is attached, and WHEREAS, the affirmative response and analysis of the South Bend School Corporation has been received as presented to the Clerk of the City of South Bend and attached, and WHEREAS, the statement of public service by First Bank and Trust Company of South Bend as Trustee for Land Trust #29 -5083 and the Economic Development Commission of the City of South B have been submitted for approval and comments to the Area Plan Commission of St. Joseph County and the affirmative action and comments of the Area Plan Commission have been received by the Clerk of the City of South Bend as attached, and WHEREAS, the requirements of the application as described in the "Municipal Economic Development Act of 1965 of the State of Indiana" as amended have therefore been met to,this point, including a projection of the number of jobs created, the estimated payroll created and the approximation of the cost of the land and construction, and the impact on utilities and fire and police facilities of the City of South Bend with the approvals of the school corporation and the Area Plan Commission having jurisdiction of the area in which the proposed facility is to be built, and WHEREAS, the plan meets the desire of the Redevelopment Commission of the City of South Bend, WHEREAS, now the First Bank and Trust Company of South Bend as Trustee for Land Trust #29 -5083 seeks approximately $75,000.00 from an issue of revenue bonds of the Economic Development Com- mission of the City of South Bend to be signed by its Mayor and by its City Clerk and further desires to enter into a lease of 20 years duration to be known as a net net net lease sufficient to pay the principal and interest of these bonds and obtain title at the end of the lease, and WHEREAS, by virtue of the net net net lease, the First Bank and Trust Company of South Bend as Trustee for Land Trust #29 -5083 indicates its intention to pay all expenses of the operation, maintenance, insurance, property taxes, whatever of the facility, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend that the statement of public service on the part of the Economic Development Commission of the Area Plan Commission and the South Bend City School Corporation be accepted and approved, and THEREFORE, BE IT RESOLVED that the South Bend City Common Council authorize the Economic Devel- opment Commission of the City of South Bend to proceed to make preliminary agreements with the proposed lessee, the First Bank and Trust Company of South Bend as Trustee for Land Trust #29 -5083, in the nature of a conditional commitment to enter into a lease with the First Bank and Trust Company of South Bend as Trustee for Land Trust #29 -5083, and THEREFORE, BE IT RESOLVED that the Economic Development Commission of the City of South Bend shall, as soon as the new lease form is properly prepared, submit the same to the Clerk of the City of South Bend to be prepared by a member of the Common Council as a proposed ordinance for the acceptance of same and issuance of revenue bonds to cover the amount of money needed. /s/ Peter J. Nemeth Member, South Bend Common Council A public hearing was held on this resolution at this time. Mr. Kenneth Fedder, Attorney for the Economic Development Commission, introduced Attorney Allan Schrager who made the presentation. The resolution would authorize revenue bonds for the remodeling of the former Worth's store at 127 North Michigan Street, which will be occupied by Drumville - Guitarland. The amount of the bonds would be $75,000. Mr. Schrager displayed a blueprint to the Council showing the changes which will be made in the building. Miss Virginia Guthrie, of the Civic Planning Association, asked Mr. Karl King, President of the Economic Development Commission, if there is a limit to this type of financing. Mr. King replied that there is and that it is tied to South Bend's unemployment rate. There would be a cut -off of this type of funding if our unemployment rate falls to a certain percentage. The South Bend metropolitan area presently has a4.2/ unemploy- ment figure. Councilman Parent moved for adoption of the resolution, seconded by Councilman Taylor. The resolution was adopted by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). REGULAR MEETING JUNE 26, 1972 COMMITTEE OF THE WHOLE MEETING (CONTINUED) The meeting reconvened at 10:25 p.m. with the continuation of the public hearing. Mr. Joseph Guentert, 1034 Foster Street, spoke in opposition to the ordinances. He read a pre- pared statement regarding the problems of solid waste disposal and said that these ordinances are not the approach to take to solution of the problem. He recommended that the Council inves- tigate the possibility of recycling programs. He also stressed that the problem is caused by not enforcing trash and littering laws. Mrs. Odessa Brown, 230 N. Sadie Street, asked the Council to disregard these ordinances. She said that the Council should consider the welfare mothers and others who would find it a hard- ship to pay for trash hauling especially if it was put on their water bill. Mrs. Ann Wlodarski, 1869 Riverside Drive, presented a petition from members of the Fair Tax Association asking that the Council delete in their entirety the two trash ordinances. Mrs. Fanny Grunwald, 227 S. Frances Street, said that, as an All- American city, South Bend is noted for high taxes. She asked that the Council not pass the trash ordinances. Mrs. Conchita Washington introduced herself to the Council as the exonerated President of the local chapter of the N.A.A.C.P. She spoke in opposition to the Ordinances. She read a petition from the Consolidated Rubbish Corporation, a minority corporation, asking that the Council de- lete both ordinances. She said this is another case of minority group persons being hampered in their efforts to be self - supporting. These ordinances deny free enterprise and impose hard- ships on the citizens. The Consolidated Rubbish Corporation has an investment of $280,000 in equipment with 150 truck owners and over 400 employees. She said that if jobs are taken away from these people and their families you will have to support them and pay their rent. She said that the children of these families will be roaming the streets and there will be trouble. Mr. Robert Bell, 106 N. Michigan Street, spoke in opposition to the ordinances. He said he favor the free enterprise system. He said the independent trash haulers are local people doing a job in their city. He said he doesn't want the city in the trash pickup business. Mr. Earl Brown, 1230 Diamond Avenue, spoke against the ordinance. He said he knows it is a major problem to clean up the city of South Bend but he thinks the private haulers can do the job. He said the violators of trash and littering laws should be reported to the City Attorney and action should be taken against them. Mr. George Nicholas, 106 N. Michigan Street, spoke against the ordinances. He operates four restaurants in the area and prefers to contract with private haulers. He said municipal trash hauling in the City of Mishawaka, where he operates a business, has not been successful. Mrs. Mary Barbara, 750 N. Lawndale, spoke in opposition to the ordinances. She said that her husband is an independent trash hauler and that the major problem is dogs running loose who scatter the trash. She asked that the dog laws be enforced and that these ordinances be'defeated Mrs. Janet Allen, 125 W. Marion Street, opposed the ordinances. She said that the private enter- prise system is the best one and urged the Council to reject both ordinances and enforce the laws we have. Bernard White, Jr., 830 S. Wellington Street, spoke against the ordinances. He said that the city does not do a good job with garbage collection and asked that the ordinances on trash hauling be tabled. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, asked whether it was legal to put this trash hauling charge on the water bill. Deputy Attorney Laderer said that it was. Miss Guthrie said that those who can't or won't pay their water bills will result in the taxpayers paying the bills through welfare and assistance agencies. Mr. Robert Hostetler, 206 Jennings, spoke against the ordinances and said the city should stay out of the trash hauling business. Councilman Taylor said that because of the many comments and questions raised tonight he would move for the tabling of both ordinances until the July 24, 1972 regular meeting. Councilman Miller seconded the motion. Councilman Nemeth said that it was ironic that on the agenda tonight was an ordinance encouraging private enterprise by issuing revenue bonds for the Royal Inn project and at the same time stifling private enterprise in the matter of trash hauling. Councilman Parent said that the reason the Council is dealing with this problem is that the Councilmen get calls from citizens complaining about the problems with the present trash hauling system. The private system doesn't seem to be working and the city has a responsibility to make sure it has a clean, healthy environment. He said that with a Sanitation Department budget of $350,000 and with 40,000 households paying approximately $3.00 a month for trash removal, this amounts to about $1,800,000 a year. At the present time, there are two overlapping systems operating, with the city collection of garbage and the private trash hauling system and one system picking up everything would result in more efficiency. He said that he would like the Council to take six or seven months to work on these proposals. Councilman Miller said that he would like to see the private trash haulers solve the problems in the Southeast neighborhood at a cost of $2.00 a household. He said the situation there is atrocious and cannot be allowed to continue to exist. The question was called and the motion carried. There being no further business to be considered Newburn entertained a motion to rise and report seconded by Councilman Horvath. Motion carried. ATTEST: CLERK before the Committee of the Whole, Chairman to the Council, so moved by Councilman Taylor, Time 11:50 p.m. Councilman Miller moved for a 5 minute recess, seconded by Councilman Taylor. Motion carried. REGULAR MEETING - RECONVENED Be it remembered that the Common Council of the City of South Bend, Indiana reconvened in the Council Chambers of the County -City Building on Monday, June26, 1972 at 12 < :05 a.m., Council President Peter J. Nemeth presiding. REPORT OF THE COMMITTEE ON MINUTES Your committee on the inspection and supervision of minutes would respectfully report that they have inspected the minutes of the June 12, 1972 regular meeting and found them correct. They, therefore, recommend that the same be approved. /s/ Peter J. Nemeth /s/ Terry S. Miller Upon motion made by Councilman Parent, seconded by Councilman Serge, and carried, the report was accepted and placed on file. REGULAR MEETING JUNE 26, 1972 CITIZENS REQUESTS — MISCELLANEOUS MATTERS Mr. Paul Bognar, 805 W. Washington Street, spoke to the Council about citizen participation in public hearings. He said that when experts in their fields come before the Council and give valid reasons for their requests on particular ordinances, he would like to have the Council give the citizens reasons for their actions when they cut requests or amend ordinances. REPORT FROM AREA PLAN COMMISSION City Clerk Irene K. Gammon read a report from the Area Plan Commission as follows: m June 22, 1972 " The Honorable Common Council City of South Bend County -City Building South Bend, Indiana 46601 In Re: A proposed ordinance and site development plan of Charles Watson to zone from presently county land to "C" Commercial District and "A" Height and Area District, property located at 18369 State Road 23, South Bend, Indiana. Gentlemen: The attached zoning petition of Charles Watson was legally advertised June 10, 1972 and June 17, 1972. The Area Plan Commission gave them public hearing June 20, 1972 at which time the following action was taken: "Upon a motion made by Ted Sharp that the Commission recommend this petition of Charles Watson favorably, being seconded by Kenneth Woods and unanimously carried, this petition is favorably recommended to the Common Council of the City of South Bend." The deliberation of the Area Plan Commission and points considered in arriving at the above decision are shown in excerpts of the minutes and will be forwarded to you at a later date to be made a part of this report. Very truly yours, /s/ Howard Bellinger Howard Bellinger, Executive Director HB :et Encl. to W Councilman Parent made a motion that this matter be set for public hearing on July 24, 1972, seconded by Councilman Taylor, and carried. City Clerk Irene K. Gammon read a report from the Area Plan Commission as follows: m May 24, 1972 " Peter Nemeth, President Common Council of the City of South Bend County -City Building South Bend, Indiana 46601 In Re: Amendment to Zoning Ordinance of the City of South Bend, Indiana Article 7, Rezoning Procedures Dear Mr. Nemeth: Please be advised that the Area Plan Commission, on May 16, 1972, held a public hearing on the ordinance amending the Zoning Ordinance of the City of South Bend, Indiana "Article 7, Rezoning Procedures. ". I have enclosed a copy of the ordinance which includes amendments worked out in earlier conference with you and Attorney Kevin Butler. Please note the amendments have been underlined for your convenience. Following due consideration, a motion was made by Dwight Miller and seconded by Russell Rothermel and unanimously carried recommending favorably to the Common Council, the subject ordinance with the following recommended revisions: 1. Sec. 21- 118 -3. This item should read as follows: "(3) A member of the Common Council, to that Council". This is consistent with State Enabling Act, Page 15, #52 Item (1). 2. Sec. 21 -119. This paragraph should read as follows: "in the case of an amendment proposed and recommended by the Commission, the Council has 60 days in which to adopt or reject said recommendation. If the Council has not adopted said recommendation within 60 days after the Commission's recom- mendation, the amendment shall be deemed approved as recommended and the ordinance submitted with the petition shall have the force and effect of law:'.' 3. Sec. 21- 120- 4.C.1. This item should read as follows: (4.C.1.) ... unless the petitioner makes request to the Commission in writing for additional time. REGULAR MEETING JUNE 26 1972 RESOLUTIONS (CONTINUED) RESOLUTION NO. 310 -72 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, IN THE MATTER OF FIRST BANK AND TRUST COMPANY, OF SOUTH BEND, INDIANA TRUSTEE FOR LAND TRUST #29 -5094, THE OWNER OF SAID LAND TRUST BEING CITY DEVELOPMENT COMPANY, AN INDIANA PARTNERSHIP. WHEREAS, the First Bank and Trust Company of South Bend as Trustee for Land Trust #29 -5094 has submitted its intention to the Economic Development Commission of South Bend to build a new commercial building on the approximate 0.129 acre tract located at the Southwest corner of Michigan and Wayne Streets, South Bend, Indiana and said property is within the R -66 Urban Renewal Plan. WHEREAS, the First Bank and Trust Company of South Bend as Trustee for Land Trust #29 -5094 has submitted a statement of public service to the above Economic Development Commission of the City of South Bend and said Commission has forwarded this statement of public service with their approval and comments to the South Bend School Corporation, a copy of which is attached, and WHEREAS, the affirmative response and analysis of the South Bend School Corporation has been re- ceived as presented to the Clerk of the City of South Bend and attached, and WHEREAS, the statement of public service by First Bank and Trust Company of South Bend as Trustee for Land Trust #29 -5094 and the Economic Development Commission of the City of South Bend have been submitted for approval and comments to the Area Plan Commission of St. Joseph County and the affirmative action and comments of the Area Plan Commission have been received by the Clerk of the City of South Bend as attached, and WHEREAS, the requirements of the application as described in the "Municipal Economic Development Act of 1965 of the State of Indiana' as amended have therefore been met to this point, including a projection of the number of jobs created, the estimated payroll created and the approximation of the cost of the land and construction, and the impact on utilities and fire and police facilities of the City of South Bend with the approvals of the school corporation and the Area Plan Commission having jurisdiction of the area in which the proposed facility is to be built..and WHEREAS, the plan meets the desire of the Redevelopment Commission of the City of South Bend, and WHEREAS, now the First Bank and Trust Company of South Bend as Trustee for Land Trust #29 -5094 seeks approximately $235,000.00 from an issue of revenue bonds of the Economic Development Com- mission of the City of South Bend to be signed by its Mayor and by its City Clerk and further desires to enter into a lease of 20 years duration to be known as a net net net least sufficient to pay the principal and interest of these bonds and obtain title at the end of the lease, and WHEREAS, by virtue of the net net net lease, the First Bank and Trust Company of South Bend as Trustee for Land Trust #29 -5094 indicates its intention to pay all expenses of the operation, maintenance, insurance, property taxes, whatever of the facility, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend that the statement of public service on the part of the Economic Development Commission of the Area Plan Commission and the South Bend City School Corporation be accepted and approved, and 'WHEREFORE, BE IT RESOLVED that the South Bend City Common Council authorize the Economic Develop- ment Commission of the City of South Bend to proceed to make preliminary agreements with the proposed lessee, the First Bank and Trust Company of South Bend as Trustee for Land Trust #29 -5094, in the nature of a conditional commitment to enter into a lease with the First Bank and Trust.Company of South Bend as Trustee for Land Trust #29 -5094, and THEREFORE, BE IT RESOLVED that the Economic Development Commission of the City of South Bend shall, as soon as the new lease form is properly prepared, submit the same to the Clerk of the City of South Bend to be prepared by a member of the Common Council as a proposed ordinance for the acceptance of same and issuance of revenue bonds to cover the amount of money needed. /s/ Peter J. Nemeth President, South Bend Common Council A public hearing was held on this resolution at this time. Attorney Allan Schrager explained that this involves the property at the Southwest corner of Michigan and Wayne Streets and authorizes revenue bonds in the amount of $235.000 for a new building and improvements. Two tenants have been secured, Baron Shoes and the Peanut Shop. Councilman Szymkowiak moved for adoption of the resolution, seconded by Councilman Taylor. The resolution was adopted by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). RESOLUTION NO. 311 -72 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA IN THE MATTER OF C. E. LEE COMPANY WHEREAS, C. E. Lee Company has submitted its intention to the Economic Development Commission of South Bend to rehabilitate the property at 215 South Main Street, South Bend, Indiana. This property abuts the Indiana R -66 Urban Renewal Plan and Project in the Downtown South Bend, Indiana area. WHEREAS, the C. E. Lee Company has submitted a statement of public service to the above Economic Development Commission of the City of South Bend and said Commission has forwarded this statement of public service with their approval and comments to the South Bend School Corporation, a copy of which is attached, and WHEREAS, the affirmative response and analysis of the South Bend School Corporation has been received as presented to the Clerk of the City of South Bend and attached, and REGULAR MEETING JUNE 26, 1972 RESOLUTION NO. 311 -72 (CONTINUED) WHEREAS, the statement of public service by C. E. Lee Company and the Economic Development Com- mission of the City of South Bend have been submitted for approval and comments to the Area Plan Commission of St. Joseph County and the affirmative action and comments of the Area Plan Com- mission have been received by the Clerk of the City of South Bend as attached, and WHEREAS, the requirements of the application as described in the "Municipal Economic Development Act of 1965 of the State of Indiana" as amended have therefore been met to this point, including ,a projection of the number of jobs created, the estimated payroll created and the approximation of the cost of the construction, and the impact on utilities and fire and police facilities of the City of South Bend with the approvals of the school corporation and the Area Plan Commission having jurisdiction of the area in which the proposed facility is to be built., and WHEREAS, the plan meets the desire of the Redevelopment Commission of the City of South Bend and WHEREAS, now the C. E. Lee Company seeks approximately $197,000 from an issue of revenue bonds o: the Economic Development Commission of the City of South Bend to be signed by its Mayor and by its city clerk and further desires to enter into a lease of 20 years duration to be known as a net net net lease sufficient to pay the principal and interest of these bonds and obtain title at the end of the lease, and WHEREAS, by virtue of the net net net lease, the C. E. Lee Company indicates its intention to pay all expenses of the operation, maintenance, insurance, property taxes, whatever of the facility, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend that the statement of public service on the part of the Economic Development Commission of the Area Plan Commission and the South Bend City School Corporation be accepted and approved, and THEREFORE, BE IT RESOLVED that the South Bend City Common Council authorizes the Economic Devel- opment Commission of the City of South Bend to proceed to make preliminary agreements with the proposed lessee, the C. E. Lee Company, in the nature of a conditional commitment to enter into a lease with the C. E. Lee.`Company, and THEREFORE, BE IT RESOLVED that the Economic Development Commission of the City of South Bend, shall, as soon as the new lease form is properly prepared, submit the same to the Clerk of the City of South Bend to be prepared by a member of the Common Council as a proposed ordinance for the acceptance of same and issuance of revenue bonds to cover the amount of money needed. /s/ Peter J. Nemeth President, South Bend Common Council A public hearing was held on the resolution at this time. Mr. Kenneth Fedder, Attorney, explained that the C. E. Lee Company would remodel the building due north of the alley at 215 :South Main Street. They would expand their operations by 50/, using four floors of the struc- ture for their business. This expansion program by C. E. Lee marks their 100th year anniversary, The amount of the bonds would be $197,000. Councilman Parent moved for adoption of the resolu- tion, seconded by Councilman Kopczynski. The resolution was adopted by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). RESOLUTION NO. 312 -72 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, IN THE MATTER OF GENTNER PACKING COMPANY, INC. WHEREAS, Gentner Packing Company, Inc. has submitted its intention to the Economic Development Commission of South Bend to build and construct an addition to their existing property located on West Roosevelt Road, South Bend, Indiana. WHEREAS, Gentner Packing Company, Inc. has submitted a statement of public service to the above Economic Development Commission of the City of South Bend and said Commission has forwarded this statement of public service with their approval and comments to the South Bend School Corporation, a copy of which is attached, and WHEREAS, the affirmative response and analysis of the South Bend School Corporation has been received as presented to the Clerk of the City of South Bend and attached, and WHEREAS, the statement of public service by Gentner Packing Company, Inc. and the Economic Development Commission of the City of South Bend have been submitted for approval and comments to the Area Plan Commission of St. Joseph County and the affirmative action and comments of the Area Plan Commission have been received by the Clerk of the City of South Bend as attached, and WHEREAS, the requirements of the application as described in the "Municipal Economic Develop- ment Act of 1965 of the State of Indiana" as amended have therefore been met to this point, in- cluding a projection of the number of jobs created, the estimated payroll created and the approximation of the cost of construction, and the impact on utilities and fire and police facilities of the City of South Bend with the approvals of the school corporation and the Area Plan Commission having jurisdiction of the area in which the proposed facility is to be built and WHEREAS, Gentner Packing Company, Inc., seeks approximately $500,000 from an issue of revenue bonds of the Economic Development Commission of the City of South Bend to be signed by its Mayor and by its city clerk and further desires to enter into a lease of 20 years duration to be known as a net net net lease sufficient to pay the principal and interest of these bonds and obtain title at the end of the lease, and WHEREAS, by virtue of the net net net lease, the Gentner Packing Company, Inc., indicates its intention to pay all expenses of the operation, maintenance, insurance, property taxes, whatever of the facility. REGULAR MEETING JUNE 26, 1972 RESOLUTION NO. 312 -72 (CONTINUED) THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend that the statement of public service on the part of the Economic Development Commission of the Area Plan Commission and the South Bend City School Corporation be accepted and approved, and THEREFORE, BE IT RESOLVED that the South Bend City Common Council authorize the Economic Devel- opment Commission of the City of South Bend to proceed to make preliminary agreements with the proposed lessee, the Gentner Packing Company, Inc., in the nature of a conditional commitment to enter into a lease with the Gentner Packing Company, Inc., and THEREFORE, BE IT RESOLVED that the Economic Development Commission of the City of South Bend shall, as soon as the new lease form is properly prepared, submit the same to the Clerk of the City of South Bend to be prepared by a member of the Common Council as a proposed ordinance for the acceptance of same and issuance of revenue bonds to cover the amount of money needed. /s/ Peter J. Nemeth President, South Bend Common Council A public hearing was held on the resolution at this time. Mr. Kenneth Fedder, Attorney for the Economic Development Commission, explained that the statute now gives the power to the South Bend Economic Development Commission to participate in county projects in the event there is no County Economic Development Commission. They have a favorable recommendation from the St. Joseph County Commissioners and the County Council on this proposal, which is for bonds in the amount of $500,000. Mr. Gentner explained that this expansion for the packing company would mean an increase from handling 250,000 pounds of meat today to 325,000 pounds when the changes are completed. It would mean the employment of an additional 50 to 75 people. Councilman Kopczynski made a motion that the resolution be adopted, seconded by Councilman Szymkowiak. The resolution was adopted by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). RESOLUTION A RESOLUTION TRANSFERRING $4,367.29 FROM ACCOUNT Y -531 TO ACCOUNT Y -54, WITHIN THE FIREMEN'S PENSION FUND. WHEREAS, certain extraordinary conditions have developed since the adoption of the existing annual budget so that it is now necessary to appropriate more money than was appropriated in the annual budget for Account Y -54 within the Firemen's Pension Fund; and WHEREAS, a surplus exists within Account Y -532, also within the Firemen's Pension Fund. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION 1. That the sum of $4,367.29 be transferred from Account Y -531 to Account Y -54, both being within the Firemen's Pension Fund. SECTION II. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Peter J. Nemeth Member of the Common Council Since there was no one present to speak on this resolution, Councilman Kopczynski made a motion that it be held over until the meeting of July 10, 1972, seconded by Councilman Horvath. Motion carried. ORDINANCES, FIRST AND SECOND READING ORDINANCE NO. 5406 -72 AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $42,608.00 FROM THE GENERAL FUND TO THE "PARKING FUND PROJECT - 1969 ". This Ordinance was given first reading by title and second reading in full. Councilman Parent moved that the Council suspend the rules and hold the public at this time, legal advertising having been complied with. The motion was seconded by Councilman Taylor and carried unanimously, A public hearing was held on the ordinance at this time. Council President Nemeth explained that a court suit had been filed by the City Attorney to recover funds which have been held by the St. Joseph County Clerk. The funds are from parking fees and have been held in escrow. Judge Seely rendered a declaratory judgment ordering that the funds be paid to the City of South Bend. This ordinance would appropriate these funds from the General Fund to be used to pay the bond payment due on Parking Project - 1969. Councilman Parent made a motion that the ordinance be given third reading at this time. Councilman Miller seconded the motion. The ordinance was given third reading. Councilman Parent made a motion that the ordinance pass, seconded by Councilman Miller. The ordinance passed by a roll call vote of six ayes (Councilmen Serge, Miller, Parent, Taylor, Horvath and Nemeth), three nays (Councilmen Szymkowiak, Kopczynski, and Newburn). ORDINANCE NO. 5407 -72 AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE AND MORTGAGE AND THE ISSUANCE OF ECONOMIC DEVELOPMENT REVENUE BONDS PERTAINING TO ROYAL INN OF SOUTH BEND. This ordinance had first reading by title and second reading in full. Councilman Miller moved for suspension of the rules to allow a public hearing and third reading of the ordinance at this time. The motion was seconded by Councilman Kopczynski and carried unanimously. The public hearing was held at this time. Mr. Kenneth Fedder, Attorney for the Economic Development Com- mission, showed the Council pictures of the proposed Royal Inn structure to be built near the new post office site. He then asked the Council to consider amending the ordinance as presented to change the maximum figure and the reference to interest payments. Councilman Miller proposed that the ordinance be amended as follows: on Page Two, Section Four, after the word sum the ordinance to read "not to exceed Two Million Eight Hundred Thousand Dollars and no /100 ($2,800,000.00) Dollars" and to delete the words "at the rate of six per cent (6/) per annum" in the same sentence. The motion was seconded by Councilman Kopczynski and carried. Mr. Fedder then continued -,that the ordinance would allow negotiations to begin with the general contractor. 66 II REGULAR MEETING JUNE 26, 1972 ORDINANCE NO. 5407 -72 (CONTINUED) Ground breaking is planned for July 16th and they hope to have the building completed in nine months. Councilman Horvath asked Mr. Fedder if a local contractor would be used. Mr. Fedder said that the Royal Inn would be the General Contractor but that local firms would be used in the construction. The clerk proceeded with the third reading of the ordinance. Councilman Kopczynski made a motion that the ordinance be passed, as amended, seconded by Councilman Taylor. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). There being no further business, unfinished or new, to come before the Council, Councilman Taylor made a motion to adjourn, seconded by Councilman Kopczynski. The motion carried and the meeting adjourned at 1:42 a.m. ATTEST: CITY CLERK +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++ f