HomeMy WebLinkAbout07-24-72 Council Meeting Minutes+++++++++++++++++++++++++++++++++++++++++++++- F'- F'- h- t=- 1' a-+++++++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++
REGULAR MEETING
JULY 24, 1972
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, July 24, 1972 at 8:05 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.
ABSENT: None
President Nemeth introduced Mr. Robert Swanson, 2734 Arrowhead Drive, who made a short statement
on behalf of area paraplegics, many of whom were in the audience. Mr. Swanson urged that the
Council see that building codes and specifications in South Bend be changed to allow access to all
buildings and schools for handicapped persons. He stressed the fact that many handicapped
children are denied the right to attend public schools because they are built with no ramps and
with many stairways. Mr. Nemeth thanked Mr. Swanson for his presentation and said that several
members of the Council have gone on record as favoring changes in building and construction to
allow complete access by handicapped persons. He then asked Councilman Parent's Committee on
Urban Redevelopment to take this matter under advisement.
RESOLVE INTO THE COMMITTEE OF THE WHOLE
Councilman Taylor made a motion to resolve into the Committee of the Whole, seconded by Councilman
Serge, Motion carried.
COMMITTEE OF THE WHOLE MEETING
Be it remembered that the Common Council of the City of South Bend, Indiana met in the Committee
of the Whole in the Council Chambers of the County -City Building on Monday, July 24, 1972 at 8:20
p.m. with nine members present. The meeting was called to order by Chairman Odell Newburn who
presided.
ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO.
4990 -68, CHAPTER 40, OF THE MUNICIPAL CODE OF THE CITY
OF SOUTH BEND, INDIAATA, FORMERLY REFERRED TO AS ZONING
ORDINANCE NO. 3702 AS AMENDED. (18369 St. Rd. 23)
This being the time heretofore set for public hearing on the above ordinance, proponents and
REGULAR MEETING JULY 24, 1972
opponents were given an opportunity to be heard thereon. Mr. James Roemer, Attorney, 1221 St.
Joseph Bank Building, made the presentation for the petitioners, Distillers, Inc., who hope to
operate a package liquor store on this site. There is an abandoned service station on the lot
at this time, with weeds grown up around it, and it is unsightly. The petitioners are asking
that this property be zoned C Commercial and they have presented a site development plant. A
public hearing was held by the Area Plan Commission on this rezoning and it was recommended
favorably. Mr. Roemer then displayed an artist's concept of the finished building, which will
have extensive interior and exterior renovation. They feel that this will improve property
values in the area and will be consistent with the commercial operations now in existence.
Councilman Szymkowiak asked Mr. Roemer whether there would be any vending machines outside the
building which might lead to litter in the area. Mr. Roemer replied that there would be no out-
side vending machines. Councilman Parent made a motion that the ordinance go to the Council as
favorable, seconded by Councilman Kopczynski. Motion carried.
ORDINANCE AN ORDINANCE AMENDING THE ZONING ORDINANCE
OF THE CITY OF SOUTH BEND, INDIANA.
Mr. Douglas Carpenter, of the Area Plan Commission, made the presentation on this ordinance. The
ordinance changes the procedures for rezoning and allows for rezoning subject to a final site
development plan to be submitted. It allows for automatic zoning of annexed areas to "A"
Residence District, with the Area Plan Commission to submit to the Council a recommended zoning
plan for the annexed area within 60 days after notification of the annexation. Councilman Nemeth
said that this ordinance was introduced several months ago and was referred to the Area Plan Com-
mission for their study and recommendations. There have not been many amendments suggested.
Councilman Nemeth made a motion to amend the ordinance which is before the Council by striking
everything after the title and substituting therefor a newly proposed amended ordinance. Council-
man Parent seconded the motion and it carried. Councilman Nemeth then made a motion to amend
the newly presented ordinance as follows:
Section 21 -118 (3) after the words public hearing, insert the words "by the Commission ".
Section 21 -119 - Delete. Add a new section 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 or rejected said recommendation within sixty (60)
days after the Commission's recommendation, the amendment shall be deemed approved as recommended
and the ordinance submitted with the petition shall have the force and effect of law ".
Section 21 -120 (4 C 1) insert after the word Council "and the Commission ".
Section 21 -120 (4 E 5) insert after the word Council "and the Commission ".
Section 21 -122 (c) extend by adding the following ", except that for lots of record in a recorded
subdivision building permits may be issued for single family dwelling units ".
Councilman Parent seconded the motion to amend and it was carried. Councilman Parent moved that
the ordinance go to the Council as favorable as amended, seconded by Councilman Taylor. Motion
carried.
ORDINANCE AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE AND
TRUST INDENTURE AND THE ISSUANCE OF ECONOMIC DEVELOPMENT
REVENUE BONDS PERTAINING TO THE FIRST BANK AND TRUST
COMPANY OF SOUTH BEND, TRUSTEE FOR LAND TRUST NO. 29 -5083
(127 N. Michigan Street)
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. Kenneth Fedder, Attorney, 300 lst
Bank Building,•metde the presentation for the ordinance on behalf of Allan Schrager, Attorney for
the businesses who will-be leasing the property. The ordinance involves the issuance of
revenue bonds for renovation of the property at 127 N. Michigan Street, under the 9-66 Urban
Renewal Plan. The property has been leased to Drumville - Guitarland. The Council passed a
resolution approving the project at an earlier meeting. Councilman Nemeth asked Mr. Fedder if
copies of the lease and indenture were available and Mr. Fedder replied that copies are on file
in the City Clerk's office. Councilman Kopczynski made a motion that the ordinance go to the
Council as favorable, seconded by Councilman Szymkowiak. Motion carried.
ORDINANCE AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE AND
TRUST INDENTURE AND THE ISSUANCE OF ECONOMIC DEVELOPMENT
REVENUE BONDS PERTAINING TO FIRST BANK AND TRUST COMPANY
OF SOUTH BEND, TRUSTEE FOR LAND TRUST NO. 29 -5094.
(Southwest Corner, Michigan and Wayne Streets)
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. Kenneth Fedder made the presenta-
tion for this ordinance, also. This involves revenue bonds for a commercial building under the
R -66 Urban Renewal Plan. The building will house the Peanut Shop and a retail shoe store. The
bonds will be purchased by a local lending institution. This will put the property back on the
tax rolls for the benefit of the entire community. Councilman Szymkowiak made a motion that the
ordinance go to the Council as favorable, seconded by Councilman Kopczynski. Motion carried.
ORDINANCE AN ORDINANCE FOR THE TRANSFER OF FUNDS WITHIN THE FIRE
DEPARTMENT BUDGET IN THE AMOUNT OF $3000.00 FROM ACCOUNT
Q -722, "PROPERTIES - MOTOR EQUIPMENT ", TO ACCOUNT Q -43
"MATERIALS - REPAIR PARTS ", BOTH ACCOUNTS 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. Fire Chief Jack R. Bland explained the
need for the ordinance. He said that the Council is aware that the Department has had major
problems since the first of the year with apparatus. They are trying to repair as much as they
can and have almost exhausted the Q -43 account. They are asking that the $3000 be transferred
from Account Q -722 "Properties -Motor Equipment ". There was $20,000 in the Motor Equipment
Account for the purchase of a new tanker. However, they have repaired an old tanker for $3000 to
REGULAR MEETING JULY 24, 1972
COMMITTEE OF THE WHOLE MEETING (CONTINUED)
be used at Station 10 so they do not need that amount of money for a tanker and are asking for
the transfer to the repair parts account so that they can carry on their maintenance program.
Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, said that everyone
wants the Fire Department equipment to be in top shapes but,from now on, any funds to be spent
will have to be by reduction of another budgeted item to conserve the balance in the General
Fund. She asked Chief Bland if this would be depleting the Motor Equipment Fund too much and
if he thought they would be able to carry on until the end of the year. Chief Bland said that
he would hate to make a projection that the funds would last. This transfer would leave a
$13,000 balance in the account. Councilman Kopczynski asked Chief Bland to specify what major
parts he expects to buy. Chief Bland said that they will have to put a new block in a ladder
truck and overhaul Engine 4 which has a severe oil leak. He stressed that these are not nuts
and bolts purchases but major repair items. Councilman Miller asked Chief Bland if, in the light
of what known repairs are needed, more money should be transferred at this time. Chief Bland
said that there will be another resolution presented to the Council within the next few weeks.
He said they are trying to look realistically at the problem of what will be needed for the rest
of the year. Councilman Szymkowiak made a motion that the ordinarc e go to the Council as
favorable, seconded by Councilman Taylor, and carried.
ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE AMOUNT
OF $1,500.00 FROM THE GENERAL FUND TO ACCOUNT W -37, "OTHER
SUPPLIES" IN THE RADIO DEPARTMENT BUDGET, SAID ACCOUNT
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. Mr. William J. Richardson, Director
of Public Works, explained that the Communications Department does contract maintenance work for
the Community School Corporation and the Water Utilities Department. $2693 is now due in
Accounts Receivable from them. When this money is received, it will be put into the General
Fund. Councilman Nemeth said that all department heads received a letter early this year asking
that all requests for transfers and additional appropriations be accompanied by a letter of
explanation, attached to the ordinance and filed with the City Clerk. He said that since there
was no letter attached to this ordinance, he would move that any action on this ordinance be
delayed until a written explanation was received. Councilman Parent seconded the motion and it
was carried. Miss Guthrie said that the city cannot afford any additional appropriations for
the balance of the year. She said that there must be a balance on hand January 1, 1973 to carry
over until the city gets miscellaneous income.
ORDINANCE AN ORDINANCE TO APPROPRIATE $97,500 FROM THE LOCAL ROAD
AND STREET FUND TO THE ACCOUNT "SERVICES CONTRACTUAL"
WITHIN THE LOCAL ROAD AND STREET FUND.
This being the time heretofore sec 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 is a project for four- laning Rendix Drive from Lincolnway West
north to the South Shore tracks. 75% of this money will come from our Local Road and Street
Fund account held in Indianapolis which is from the 7th and 8th cents of the gasoline tax. The
city's share will come from the Cumulative Capital Improvement Fund. Councilman Miller asked
if this work would include the intersection of Lincolnway West and Bendix Drive. Mr. Richardson
replied that the intersection wqs not part of the project. The State Highway Department is
resurfacing Lincolnway West from Bendix Drive east to LaSalle Street. The intersection of Bendix,
Lincolnway and Ardmore Trail, will be done some time in 1973. Councilman Kopczynski made a
motion that the ordinance go to the Council as favorable, seconded by Councilman Szymkowiak.
Motion carried.
ORDINANCE AN ORDINANCE FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED
OFFICERS AND EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA
FOR THE YEAR 1973.
This being the time heretofore set for public hearing on the above ordinance, proponents and
opponents were given an opportunity to be heard thereon. Mayor Miller gave a presentation for
the ordinance and said that department heads were present and would be glad to answer any
questions. He said they had made adjustments for some employees and tried to give fair compen-
sation for the work performed. They are recommending a 5.5% increase for all salaries under
$8000 a year, a $300 increase for those making $8000 to $14,999 and no increase on salaries over
$15,000. They feel these recommendations are a fair increase for city employees, based on the
cost of living increases and urge the Council to follow these recommendations. He said they are
open to suggestions from the Council. Mr. Kenneth Buhle, of the Teamsters Union, read a state-
ment urging that the Council accept the Administration's proposal for a 5.5% increase in wages.
He said that there are inequities between the private sector of business and public employees
and said he hoped that this Council would not further relegate its employees of the city to
second class status. Mrs. Pat Forhan, 838 North Main Street, President of the Women's Political
Caucus, urged the Council to pass the Mayor's proposed 5.5% increase. She said it has been
rumored that the Council is going to make drastic cuts in the categories of Secretaries, Stenog-
raphers and Clerks salaries. She said that the Women's Political Caucus objects to singling out
the categories involving women employees for these cuts. She said this will widen the disparity
between men and women in salaries and asked that the Council narrow it instead. She then dis-
played a chart showing the many inequities between salaries of men and women.
Mrs. Frederick Mutzl, 320 Parkovash, a member of the Fair Tax Association, said that the Council
members have a copy of the letter the Association sent to members of the previous Council at
last year's meeting on salaries. The Association is recommending a 3% increase in salaries.
She said that since the State Legislature did not provide for property tax relief, we cannot
afford any more increase. Miss Virginia Guthrie, Executive Secretary of the Civic Planning
Association, read a letter from the organization opposing a 5.5% increase. She said that
actual figures of the increase in wages would really amount to 7.4 %. She recommended that the
Council keep the maximum increase to 3 %. Miss Fanny Grunwald, 227 S. Francis Street, said that
those on a fixed income must also face the increase in the cost of living with no increase in
income. She said that the number of people living in South Bend who are on a fixed income is
increasing and that they are trying to keep their homes and keep them repaired. Mrs. Janet
Allen., 125 W. Marion Street, said that the salary ordinance was confusing because of changes in
classification and title and changes from hourly to weekly wages. She said that with the change
in administration and the new people who have come in, they should not have the same increase in
REGULAR MEETING JULY 24, 1972
COMMITTEE OF THE WHOLE MEETING (CONTINUED)
salary as those who have spent eight years on a job, since some of them have only been on the
job for six months. No one in private industry gets a raise, plus vacation, during the first
year. She said that she had heard on a local news broadcast that the city was going to take over
some space on the 11th floor for the personnel department: -and some other offices and questioned
whether this was to make room on the 14th floor for some of the new cabinet positions. She urged
the Council to cut any items out of the salary ordinance now that they do not want included in
the budget. Councilman Kopczynski asked for a clarification of the statement made on the use of
space on the 11th floor. Mayor Miller replied that the city does have a problem with space on
the 14th floor and that there is lack of sufficient desk space. There are more than 40 employees
crowded into one corner of the floor. The city is paying rent for 26% of the floor space in the
building. However, a study has revealed that they actually only have 20% of the floor space.
They have met with the County Commissioners to try to obtain the full amount of space they are
paying rent for and will get some additional space on the 10th or 11th floors, which were to be
used for future expansion. He stressed that the cabinet offices will not be taking over the 14th
floor. Mayor Miller also said that he felt it was an irresponsible statement to say that the
change of employees should not entitle them to raises. He said that less than 100 changes in
employees have been made since the first of the year. Many city employees have 12, 15 and more
years on the job and they are loyal employees and deserving of increases. Mr. Buhle, of the
Teamsters Union, spoke in agreement with the mayor's statement that many of the city employees
were not new. He said that, through a union agreement with the previous administration, there
was not a complete turnover of personnel. He said some employees have had long service through
two city administrations and have 25 to 30 years of service. This results in increased
efficiency for the city. Councilman Miller asked Mr. Buhle why the sanitation truck drivers and
laborers are paid on a weekly, not an hourly, basis. Mr. Buhle said that this is a carryover
from the initially negotiated contract and is based on incentive. Councilman Miller asked if
these employees work a full forty -hour week since the proposed salary increase is based on that
figure. Mr. Buhle said that he did not know but that these men must cover a specified route
and must complete it whether it takes eight hours or ten hours. Councilman Miller then said that
the Council had no information on specific job requirements in order to decide on salary in-
creases and were making their recommendations on a philosophical judgment not on merit. Council-
man Kopczynski asked Mr. Buhle whether or not it was unusual for these particular employees in
the Sanitation Department to have a weekly salary. Mr. Buhle said that this was the way the con-
tract was negotiated. These two positions are drivers of the garbage trucks and the laborers
who ride the back of the trucks. Councilman Kopczynski said that this would be comparable to
other truck drivers for the city. Mr. Buhle said that there would be a great deal of difference
between driving a truck filled with sand or asphalt or one filled with garbage. Councilman
Nemeth asked Mayor Miller if there were still going to be cuts made in the budget to provide for
the salaries of the Human Resources Director and the Public Safety Director. Mayor Miller said
that cuts would be made based on the salaries granted. Councilman Nemeth asked if the shortage
of space on the 14th floor was because of the federal project offices. Mayor Miller replied
that many of the federal programs were not in existence when the building was built and this has
caused much of the overcrowding. Councilman Parent said that when you talk about setting
salaries you are talking about the kind of service the city can provide which will cost the
least amount of money to the citizens of the community. You want to get topflight personnel,
train them and keep them. You can reward employees in various ways; by status, good feeling, but
mainly in money. Councilman Parent said that he is in favor of paying city employees as much as
the city can pay them in order to compete with the private sector. All positions of equal skill
should receive equal money. They are asking the administration to prepare job descriptions for
all positions in the next year in order to correct discrepancies. Councilman Serge said that he
feels you cannot deny employees what they have coming to them. In order to maintain high stan-
dards of service and programs, you must pay what the positions are worth. Councilman Kopczynski
asked John J. Walsh, Director of Personnel and Purchasing, how many city positions are open at
this time and if it is hard to find applicants. Mr. Walsh said that they have been trying for
four months to hire an electrician for the Wastewater Treatment Plant, but cannot interest any
qualified man because of the salary being offered, as compared to what an electrician in private
industry could make. He said that there are about six positions open now and some places where
they would hire new employees if they could get qualified people to apply. Mayor Miller said
that, with the help of a Federal grant, the city is going to prepare a list of all job classifica-
tions and descriptions which will be available to the Council. Councilman Szymkowiak questioned
whether it is necessary to use federal funds for such a project and said that present .city em-
ployees could do this work. Mayor Miller said that the city does not have the personnel to do
this "so federal funds will be used. Councilman Nemeth moved for a fifteen minute recess,
seconded by Councilman Taylor. The motion carried and the meeting recessed at 10:30 p.m.
The Committee of the Whole meeting reconvened at 11:12 p.m. Councilman Parent said that the Fees
and Salaries Committee has been working with the salary ordinance over the past six weeks. Mem-
bers of the Committee are Councilmen Horvath, Kopczynski, Miller, Parent and Szymkowiak. Mr.
Parent said that the Council had requested an opinion from Charles A. Sweeney, Jr., City Attorney,
as to whether the Council has the legal authority to set salaries for employees of federally
funded agencies. Mr. Sweeney sent the Council the following memorandum:
"MEMORANDUM
DATE: JULY 1972 "
TO: Roger Parent
FROM: Charles A. Sweeney, Jr.
Subject: Authority of the Common Council to Review the Salaries of
Federally Funded Positions.
This is in response to your inquiry regarding the authority of the Common
Council to approve the annual salaries of City employees as fixed by the Mayor.
Pursuant to Burns 548 -1233 (b), the Mayor fixes salaries subject to the
approval by the Common Council. It is my position that in instances where
salaries are not "fixed" by the Mayor, but are arrived at as a result of a
contract between the federal government and the City, the Council has no
power of review.
Last year's salary ordinance included federally funded jobs merely for
informational purposes. Again in the spirit of cooperation, these positions
have been listed in order to keep the Council abreast of all expenditures,
whether they be municipal or federal in nature. Representatives of other cities
in the State assure us that federally funded programs are not included in their
salary ordinances.
REGULAR MEETING JULY 24, 1972
COMMITTEE OF THE WHOLE MEETING (CONTINUED)
I am currently awaiting an Attorney General opinion on this matter
and feel confident that my position will be upheld.
Sincerely,
/s/ Charles A. Sweeney, Jr.
Charles A. Sweeney, Jr.
City Attorney
CAS: eh
Councilman Miller then gave the majority report of the Committee on Fees and Salaries. He said
they were making an exception in some classifications, as set forth in the copy of the ordinance
provided to the clerk. This would allow clerks, secretaries and stenographers to be assigned to
a class commensurate with their ability. City Attorney Charles A. Sweeney, Jr. said that it was
his opinion that the Council could not set minimum and maximum salaries but must set a given
salary for a given job. The budget classifications accomplish this purpose. Mr. Sweeney said
that he would caution the Council to hesitate before fixing salaries on a range basis. Council-
man Miller said that the minimum and maximum rates were being set up in the salary ordinance
because the new law enables the Mayor to cut salaries as he sees fit and he would have to have
some figure to do this. Mr. Sweeney said that this might well be opening a can of worms and
it would be unwise to do this now. Councilman Miller said that it was not necessary to start a
secretary with no experience at the top salary. With the range in salary, she can work up to
the top level and get the maximum salary. Councilman Parent said that, because of the_- .legis-
lation enabling the Mayor to lower salaries, he had consulted with one of the men from the State
Board of Accounts and he had suggested that the Council could set a salary range. Mr. Sweeney
said that this was an advisory opinion and that he was expressing a legal opinion. Councilman
Parent said that it might be wise not to take this kind of action, since the opinion from the
State Board of Accounts was not a legal opinion. Mrs. Janet Allen expressed the opinion that
the Council might pass an ordinance saying they would use a range in setting salaries. Mr.
Sweeney said that such an ordinance was not needed. Councilman Miller then gave the changes
recommended in the Salary Ordinance by the Fees and Salaries Committee as follows: Delete the
following sections: Public Service Careers, Manpower Area Program Component, Model Cities,
Redevelopment, and Youth Services Bureau. Custodian I, Custodian II and Maintenance Technician
listed under Redevelopment should be under Morris Civic Auditorium. Maintenance Man I listed
under Redevelopment should be under the Building Department. The janitor listed under Model
Cities should be under the Municipal Services Facility. Under Traffic and Lighting, employ
Equipment Operator II at $3.58 per hour. Under Utilities- Administration, delete Keypunch
Operator and add Keypunch Operator I at $5450.00, Keypunch Operator II at $5,950.00 and Key-
punch Operator III at $6,200.00.Under General Classifications add Clerk IV. Department of
Human Resources Director change to $16,000. Department of Safety Director change to $15,000.
Director of Communications and Electronics change to $12,000. Building Commissioner change to
$14,538. Director of Human Relations and Fair Employment Practices Commission change to
$14,045. These general classifications to have minimum and maximum rates set as follows:
General Classifications
Minimum
Maximum
Secretary I
4,500.00
5,000.00
Secretary II
5,001.00
5,500.00
Secretary III
5,501.00
6,000.00
Secretary IV
6,000.00
6,650.00
Accounting Clerk I
5,000.00
5,500.00
Accounting Clerk II
5,501.00
6,000.00
Accounting Clerk III
6,000.00
6,500.00
Accounting Clerk IV
6,501.00
7,200.00
Stenographer I
4,500.00
4,800.00
Stenographer II
4,801.00
5,300.00
Clerk I
4,500.00
4,750.00
Clerk II
4,751.00
5,000.00
Clerk III
5,001.00
5,300.00
Clerk IV
5,301.00
5,600.00
Stock Clerk I
6,400.00
6,600.00
Stock Clerk II
6,601.00
7,100.00
Auditor I
7,800.00
8,050.00
Auditor II
8,051.00
9,050.:00
Auditor III
9,051.00
10,250.00
All salaried, weekly and hourly rated employees making under $7,999 per year would get a 4y
increase. Councilman Miller made a motion that the Council accept the report of the Committee,
seconded by Councilman Nemeth. Motion carried with Councilman Parent casting a nay vote.
Mr. James Barcome, City Controller, asked the Council, based on Mr. Sweeney's opinion that this
may be illegal, what procedures should the city follow on a new ordinance on the time schedule
that must be kept. Councilman Miller said that it was his opinion that there would have to be
an ordinance setting minimum and maximum salaries based on the State Personnel Act. Councilman
Nemeth said that a saving clause might be inserted into the ordinance so that if any part of it
were declared illegal it would not affect the other portions of the ordinance. Councilman
Newburn asked Mr. Sweeney if he thought the ordinance would be illegal. Mr. Sweeney said that
he felt that any citizen could bring this matter to litigation. He advised the Council to put
a saving clause into the ordinance. Councilman Nemeth asked Mr. Sweeney to draft such a clause.
Councilman Taylor made a motion that the ordinance go to the Council as favorable as amended.
Councilman Kopczynski seconded the motion and it carried.
There being no further business to come before the Committee of the Whole, Councilman Taylor
made a motion to rise and report to the Council, seconded by Councilman Horvath. Motion carried
ATTEST:
A
E-- -- , , _ . - --- 1. (o'- _
CITY CLERK CHAIRMAN
REGULAR MEETING JULY 24, 1972
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, July 24, 1972 at 11 :47 p.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 July 10 regular meeting of the Council 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 Serge, seconded by Councilman Parent, and carried, the report was
accepted as read and placed on file.
CITIZENS REQUESTS - MISCELLANEOUS MATTERS
Mrs. Pat Forhan, President of the local Chapter of the Women's Political Caucus, said that she
would like to know how the Council can say they have not cut salaries of secretaries, stenograph-
ers and clerks. The maximum salaries are all lower than the present salaries in some classifi-
cations. She said she did not see how it would be possible for all the present secretaries,
stenographers and clerks to be moved up to the maximum salary range. This move is discriminatory
against women as no men's jobs were included in the range. Councilman Taylor said that there was
a need for job evaluation. The minimum for Secretary I is lower but they have raised the maximum.
The Council is facing a 92 million dollar total budget and they feel there is a great need for
some evaluation of salaries. Councilman Miller said that under the maximum salary range some
secretaries will get a greater raise and that the ordinance will provide more flexibility which
is what the Council is striving for. Constance Green, 3222 Dunham Street, spoke to protest the
Council's action in setting minimum and maximum salary ranges for some positions. She said that
the Council was setting this salary range on the assumption that the city will revamp and evalu-
ate their employees. She asked where the extra money will go, and would any of this money go to
the newly created offices of Director of Human Resources and Director of Public Safety. Council-
man Nemeth said that budget cuts will be made to fund the salaries of these two directors.
Councilman Taylor said that if the administration chooses to go to the maximum salary, everyone
has a chance to get a raise. Mrs. Green then referred to the chart displayed earlier by the
Women's Political Caucus and questioned several positions where the maximum salary in the range
was less than the position now pays. Councilman Miller said that it would be possible for a
secretary to have a change to a higher classification and thereby get a raise. Mrs. Green asked
if each employee will be given a just evaluation of her ability in this ordinance. Councilman
Nemeth said this ordinance would not provide for job evaluation but the mayor has obtained a
federal grant to provide funds to do the evaluating. Mrs. Lee Swan, 2022 Swygart Street, spoke
to the Council about the proposed changes in the Riley- Jackson High School boundaries. She gave
figures showing which South Bend schools are integrated and which are segregated. She said the
housing patterns place 79% of low income housing units on one side of town, and that these hous-
ing patterns cause a high rate of black enrollment in a few of the schools with many schools
having no black enrollment at all. Councilman Parent thanked Mrs. Swan for her remarks and said
that, at some point, the Council ought to take a look at this matter. Mr. Kenneth Buhle, of the
Teamsters Union, said that the Council had said the minimum - maximum salary range provides an
option for the administration to reward girls by moving them up to another classification. He
asked what happens to the girls who are already in the Secretary, Stenographer and Clerk IV
classifications and wondered how they could be reclassified. He said it is his understanding
employees can only be moved up in classification when a vacancy occurs. Councilman Parent
said that he agrees the ordinance is indirectly discriminatory but feels that setting a range is
not that important. Mr. Paul Boehm, 317 Rue Gauguin, said that with a different terminology
being used in job classifications, what happens to new positions in the budget. Councilman Miller
said that they are to be as presented in the proposal. Mrs. Esther Gross, 1704 Woodmont Drive, an
employee of the Utilities Department, voiced her objections to the minimum - maximum rantes. She
said that in the Utilities Department those secretaries and clerks in the lower paying positions
should receive more than a 4% increase. She said that it would not be possible to give all the
girls a change in classification as there are not that many jobs in Class Four and what do you
give those who are already in Class Four? Councilman Miller said that the classifications could
be changed,in the budget presentation. Mrs. Gross asked Mr. Miller if this meant you could add
Class 5 and Class 6. Councilman Miller asked Mrs. Gross how many girls she needed at a $5600
salary. Mrs. Gross replied that evidently the Council wanted her to put all the girls in the
$5600 classification.
REPORT FROM THE URBAN REDEVELOPMENT COMMITTEE
Councilman Parent, Chairman of the Urban Redevelopment Committee, made a report as follows:
Meeting July 6, 1972
RE: Gasoline Station Study
"The Committee members present recommend to the Council that a letter requesting the
gasoline station study as outlined in the resolution be approved and sent to the
Area Plan Commission. The resolution .should be struck from the record. A draft
of a letter to send to the Area Plan Commission is attached to this report."
Councilman Parent made a motion that the Council accept the Committee report and the recommenda-
tion as to the resolution referred to therein. Councilman Taylor seconded the motion and it was
carried.
RE: East Side, St. Joseph River
"The Committee members present discussed the report from the Area Plan Commission staff
concerning the development of the East Side of the St. Joseph River, especially the
section which relates directly to the proposed Civic and Cultural Center. The dis-
cussion focused on the need for public control of land use in said area.
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REGULAR MEETING JULY 24, 1972
ORDINANCES, THIRD READING (CONTINUED)
ORDINANCE NO. 5413 -72 AN ORDINANCE TO APPROPRIATE $97,500 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 Horvath made a motion for passage of the
ordinance, seconded by Councilman Taylor. The motion carried by a roll call vote of nine ayes
(Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth).
ORDINANCE NO. 5414 -72
AN ORDINANCE FIXING MAXIMUM SALARIES AND WAGES
OF APPOINTED OFFICERS AND EMPLOYEES OF THE CITY
OF SOUTH BEND, INDIANA FOR THE YEAR 1973.
This Ordinance was given third reading. Councilman Taylor asked City Attorney Sweeney for the
saving clause he had prepared. Councilman Taylor then moved "In the event that any or all sec-
tions of the ordinance setting minimum and maximum salaries is determined to be contrary to law,
then, and in that event, the maximum salaries as set forth in this ordinance shall be the
salaries for the classifications to which they pertain ". Councilman Miller seconded the motion
and it carried. Councilman Parent made a motion that the reference to minimum and maximum
salaries be eliminated from the ordinance in the classifications of Secretary, Clerk, Stenogra-
pher, Clerk, Stock Clerk and Accounting Clerk, and that the 1973 salaries for those classifica-
tions shall reflect a straight 4/ increase over the 1972 salaries. The motion died for lack of
a second. Councilman Taylor moved to amend the title of the ordinance to read "fixing salary
ranges" instead of fixing maximum salaries. The motion was seconded by Councilman Miller.
Councilman Nemeth suggested that it might be better to use the terms "minimum and maximum
salaries The motion was defeated by a voice vote. Councilman Miller made a motion to amend
the maximum amount in Accounting Clerk II from $6000 to $5980 and to amend the minimum amount in
Accounting Clerk III from $6001 to $5981. Councilman Kopczynski seconded the motion and it
carried. Councilman Miller moved to amend the title of the ordinance to read "Minimum and
Maximum Salaries ", seconded by Councilman Szymkowiak. The motion carried with Councilman Parent
abstaining. Councilman Kopczynski made a motion to amend the salary of the LaSalle Center
Assistant Director in the proposal so that it would remain at $6427. Councilman Horvath seconde
the motion. The motion failed. Councilman Newburn questioned 'why this suggestion was made and
Councilman Kopczynski said that this is the only park section where there is an assistant
director. Mr. James Seitz, Park Superintendent, said that this is the most difficult job in the
park system. Four hundred to five hundred people are at that center every night and he feels
the pay requested for the position is more than justified. Councilman Horvath made a--motion
that the ordinance be passed as amended. Councilman Taylor seconded the motion. The ordinance
passed by a roll call vote of eight ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Kop-
czynski, Horvath, Newburn and Nemeth) one abstention (Councilman Parent).
RESOLUTIONS
RESOLUTION NO. 315 -72 RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND APPROVING THE URBAN RENEWAL PLAN AND
THE FEASIBILITY OF RELOCATION FOR THE MERRY
AVENUE PROJECT.
WHEREAS, under the provisions of Title I of the Housing Act of 1949, as amended, the Department
of Housing and Urban Development Administrator is authorized to provide financial assistance to
Local Public Agencies for undertaking and carrying out urban renewal projects; and
WHEREAS, it is provided in such Act that contracts for financial aid thereunder shall require
that the Urban Renewal Plan for the respective project area be approved by the governing body
of the locality in which the project is situated and that such approval include findings by the
governing body that: (1) the financial aid to be provided in the contract is necessary to enable
the project to be undertaken in accordance with the Urban Renewal Plan; (2) the Urban Renewal
Plan will afford maximum opportunity, consistent with the sound needs of the locality as a whole,
for the rehabilitation or redevelopment of the urban renewal area by private enterprise; (3)
the Urban Renewal Plan conforms to a general plan for the development of the locality as a whole;
and (4) the Urban Renewal Plan gives due consideration to the provision of adequate park and
recreational areas and facilities, as may be desirable for neighborhood improvement, with
special consideration for the health, safety, and welfare of children residing in the general
vicinity of the site covered by the Plan; and
WHEREAS, the City of South Bend Department of Redevelopment (herein called the "Local Public
Agency "), is entering into a non - Federally assisted urban renewal project and is submitting
application for this project to the Department of Housing and Urban Development for recognition,
said application being in all respects in conformity with the rules, regulations and guidelines
of submission of application for Federally- assisted projects under such Act or Acts of the United
States of America, acting by and through the Secretary of Housing and Urban Development, pursuant
to which Federal funds would be provided for the Urban Renewal Project (herein called the
"Project ") identified as "Merry Avenue Project" and encompassing an area bounded by a line drawn
as follows:
Beginning at a point formed by the intersection of the East ROW line of Grant Street
extended and the North ROW line of Washington Street; thence West along the North ROW
line of Washington Street to a point of intersection of the North ROW line of Washing-
ton Street and the West ROW line of Olive Street extended; thence South along the West
ROW line of Olive Street to a point of intersection of the Southwest ROW line of Merry
Avenue extended; thence Southeast along the Southwest ROW line of Merry Avenue; thence
East along the South ROW line of Merry Avenue to a point of intersection of the South
ROW line of Merry Avenue and the East ROW line of Grant Street; thence North along the
East ROW line of Grant Street to the place of beginning.
in the City of South Bend, State of Indiana, (Herein called the "Locality "); and
WHEREAS, the Local Public Agency has applied for recognition of the non - assisted project for the
purpose of obtaining credit for the monies spent thereon; and
REGULAR MEETING JULY 24, 1972
RESOLUTION NO. 315 -72 (CONTINUED)
WHEREAS, the Local Public Agency has made detailed studies of the location, physical condition
of structures, land use, environmental influences, and the social, cultural, and economic con-
ditions of the Project area and has determined that the area is a blighted area and that it is
detrimental and a menace to the safety, health, and welfare of the inhabitants and users
thereof, and of the Locality at large, because of the presence of blighted structures and the
lack of adequate community improvements, and the members of this Governing Body have been fully
appraised by the Local Public Agency and are aware of these facts and conditions; and
WHEREAS, there has been prepared and referred to the Common Council of the Locality (herein
referred to as the "Governing Body ") for review and approval of an Urban Renewal Plan for the
Project area, dated
Plan for the Merry Avenue Project, contained in and supported by a document entitled "Part I of
the Application for Loan and Grant" containing material, data, and recommendations, which
material, data and recommendations are not a part of the Urban Renewal Plan.
WHEREAS, the Urban Renewal Plan has been approved by the Governing Body of the Local Public
Agency, as evidenced by the copy of said Body's duly certified resolution approving the Urban
Renewal Plan, which is attached thereto; and
WHEREAS, a general plan has been prepared and is recognized and used as a guide for the general
development of the Locality as a whole; and
WHEREAS, the Area Plan Commission of St. Joseph County, which is the duly - designated and acting
official planning body for the Locality, has submitted to the Governing Body its report and
recommendations respecting said Urban Renewal Plan for the Project Area and has certified that
said Urban Renewal Plan conforms to the said general plan for the Locality as a whole, and the
Governing Body has duly considered said report, recommendations, and certification of the plan-
ning body; and
WHEREAS, the Urban Renewal Plan for the Project area prescribes certain land uses for the Project
area and will require, among other things, changes in zoning, the vacating and removal of streets
alleys, and other public ways, the establishment of new street patterns, the location and reloca-
tion of sewer and water mains and other public facilities, and other public action; and
WHEREAS, the Local Public Agency has prepared and submitted a program for the relocation of
individuals and families that may be displaced as a result of carrying out the Project in accor-
dance with the Urban Renewal Plan; and
WHEREAS, there have also been presented to the Governing Body information and data respecting
the relocation program which have been prepared by the Local Public Agency as a result of
studies, surveys, and inspections in the Project area and the assembling and analysis of the
data and information obtained from such studies, surveys, and inspections; and
WHEREAS, the members of this Governing Body have general knowledge of the conditions prevailing
in the Project area and of the availability of proper housing in the Locality for the relocation
of individuals and families that may be displaced from the Project area and, in the light of
such knowledge of local housing conditions, have carefully considered and reviewed such proposals
for relocation; and
WHEREAS, it is necessary that the Governing Body take appropriate official action respecting the
relocation program and said Urban Renewal Plan for the Project, in conformity with the rules and
regulations governing the Local Public Agency and the United States of America acting by and
through the Department of Housing and Urban Development Administrator; and
WHEREAS, the Governing Body is cognizant of the conditions that are imposed in the undertaking
and carrying out of urban renewal projects with Federal financial assistance under Title I, in-
cluding those prohibiting discrimination because of race, color, creed, sex or national origin.
Attention is called to the fact that Executive Order No. 11246 prohibits discrimination because
of race, color, religion, sex or national origin. The work is also covered by Section 404 of
the 1969 Housing and Development Act and CDA #11 letter which covers the Model City Area.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend:.
1. That it is hereby found and determined that the Project is a blighted area and qualifies
as an eligible Project area under the Redevelopment of Cities and Towns Act of 1953, as
amended.
2. That the Urban Renewal Plan for the Project aforementioned, having been duly reviewed and
considered, is hereby approved, and the City Clerk be and is hereby directed to file said
copy of said Urban Renewal Plan with the minutes of this meeting.
3. That it is hereby found and determined that the objectives of the Urban Renewal Plan cannot
be achieved through more exten sive rehabilitation of the Project area.
4. That it is hereby found and determined that the Urban Renewal Plan for the Project area
conforms to the general plan of the Locality.
5. That it is hereby found and determined that the above- mentioned Urban Renewal Plan for the
Urban Renewal Area will afford maximum opportunity, consistent with the sound needs of the
locality as a whole, for the urban renewal of such areas by private enterprise.
6. That it is hereby found and determined that the Urban Renewal Plan for the Urban Renewal
Area gives due consideration to the provision of adequate park and recreational areas and
facilities, as may be desirable for neighborhood improvement, with special consideration
for the health, safety and welfare of children residing in the general vicinity of the site
covered by the Plan.
7. That it is hereby found and determined that the program for the proper relocation of
individuals and families displaced in carrying out the Project in decent, safe and sanitary
dwellings in conformity with acceptable standards is feasible and can be reasonably and
timely effected to permit the proper prosecution and completion of the Project; and such
dwellings or dwelling units available or to be made available to such displaced individuals
REGULAR MEETING JULY 24, 1972
RESOLUTION NO. 315 -72 (CONTINUED)
and families are at least equal in number to the individuals and families, are not
generally less desirable in regard to public utilities and public and commercial facilities
than the dwellings of the displaced individuals and families in the Project area, are
available ,at rents or prices within the financial means of the individuals and families and
are reasonably accessible to their places of employment. We further hereby give assurances
that the rules and regulations of the Uniform Relocation and Property Acquisition Act of
1970 shall be complied with.
8. That in order to implement and facilitate the effectuation of the Urban Renewal Plan hereby
approved, it is found and determined that certain official action must be taken by this
Body with reference, among things to changes in zoning, the vacating of and removal of
streets, alleys, and other public ways, the establishment of new street patterns, the
location and relocation of sewer and water mains and other public facilities, and other
public action, and, accordingly, this Body hereby (a) pledges its cooperation in helping
to carry out such Urban Renewal Plan; (b) requests the various officials, departments, boards,
and Agencies of the Locality having administrative responsibilities in the premises likewise
to cooperate to such end and to exercise their respective functions and powers in a.manner
consistent with said Urban Renewal Plan; and (c) stands ready to consider and take appro-
priate action upon proposals and measures designed to effectuate said Urban Renewal Plan.
9. The filing of an application with the Department of Housing and Urban Development for recog-
nition of this non - assisted project under Title I of the Housing Act of 1949, as amended, is
desirable for the purpose of obtaining credits for the monies spent thereon, to enable the
land in the Project area to be renewed in accordance with the Urban Renewal Plan for the
Project area and accordingly, the filing by the Local Public Agency of an application or
applications for recognition under said Titel I is hereby approved.
SUBMITTED for consideration this 24th day of July, 1972.
/s/ Peter J. Nemeth
Councilman
A public hearing was held on the resolution at this time. Mr. Lloyd Taylor, Executive Director
of the Department of Redevelopment, spoke for the resolution and said that this was a part of
the Third Year Plan for Model Cities approved by the Council. Councilman Kopczynski asked Mr.
Taylor how much this was going to cost the City of South Bend. Mr. Taylor said that the entire
project will be paid for with Model Cities funds. The project cost will be $409,950. Councilman
Kopczynski asked Mr. Taylor if the city did not have to provide in -kind services and Mr. Taylor
said that this was not the case in this project. Councilman Newburn said that he felt we should
take advantage of federal funds to help solve the problems which the city cannot solve otherwise.
Councilman Parent moved for adoption of the resolution, seconded by Councilman Szymkowiak. The
resolution was adopted by a roll call vote of seven ayes (Councilmen Serge, Szymkowiak, Miller,
Parent, Taylor, Newburn and Nemeth) one nay (Councilman Horvath) and one abstention (Councilman
Kopczynski).
RESOLUTION NO. 316 -72 A RESOLUTION FOR TRANSFER OF FUNDS IN THE
GENERAL PARK FUND $7,900.00. ALL TRANSFERS
ARE BEING MADE IN THE SAME BUDGET CLASSIFICATION
WITHIN THE GENERAL PARK FUND
WHEREAS, certain extraordinary conditions have developed since the adoption of the existing
annual budget so that it is now necessary to transfer money from one account to another in the
same category in the annual budget for various functions of the Department of Public Parks to
meet such extraordinary emergencies and
WHEREAS, it has been ascertained that certain accounts in the Park General Fund have more money
than is needed at this time
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend:
Section 1. That the following accounts be reduced in the amounts set opposite said account
to-wit:
Account Number
Classification
Item
Amount
264
Services Contractual
Paving
$4,000.00
322
Supplies
Oil
200.00
323
Supplies
Tires & Tubes
200.00
331
Supplies
Household Laundry
& Cleaning
1,500.00
441
Materials
Seeds, Trees &
Flowers
2,000.00
$7,900.00
Section 2. That the following accounts be increased in the amounts set opposite said account
to -wit:
Account Number Classification Item Amount
261 Services Contractual Other Contractual Services $4,000.00
372 Supplies Zoo Feed 1,900.00
442 Materials General Park Materials 2,000.00
$7,900.00
That the transfer of funds as set forth in Sections 1 and .2 are required for the proper and
efficient operation and function of the Department of Public Parks of South Bend and an extra-
ordinary emergency is declared to exist concerning the foregoing transfer.
This Resolution shall be in full force and effect from and after its passage by the Common
Council of the City of South Bend.
/s/ Peter J. Nemeth
Member of e Common Council
REGULAR MEETING
RESOLUTION NO. 316 -72 (CONTINUED)
JULY 24, 1972
A public hearing was held on this resolution at this time. Mr. James Seitz, Superintendent of
the Park Department, explained the need for the transfer. He referred to a letter sent to
members of the Council explaining the transfers. Part of the money is needed for the Linden
project, to pay for demolition costs and attorney's fees. Part of this cost is refundable
through HUD and when that money is received, the money will be deposited in the General Park
Fund. More money is needed in the Zoo Feed Account because of the increasing cost of food,
especially meat. This account was underbudgeted for this year. General Park Materials Account
needs additional money to continue to improve park facilities. This account was also under -
budgeted for 1972. Councilman Serge made a motion that the resolution be adopted, seconded by
Councilman Taylor. The motion carried and 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. 317 -72 A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA,
IN THE MATTER OF REZONING THE CENTRAL DOWNTOWN
PROJECT, INDIANA R -66.
The City of South Bend Department of Redevelopment currently is engaged in the comprehen-
sive redevelopment of the Central Downtown Project Indiana R -66 area. Toward this end, the
Department of Redevelopment has acquired much of the property and demolished many of the build-
ings in this area and is now in the process of disposing of some of the acquired property to
private parties for both commercial and multi - family residential uses. These undertakings have
led the Department of Redevelopment to the conclusion that redevelopment in general and dispo-
sition in particular require this area to be rezoned. At the present time, the area is zoned
into four use districts and four height and area districts. The Common Council of the City of
South Bend has considered or will consider proposed ordinances which rezone the area into only
two use areas and a single height and area district by amending and supplementing the existing
zoning ordinance No. 4990 -68 Chapter 40 of the Municipal Code. This rezoning proposal would
facilitate-.the area's redevelopment by providing for a uniform and flexible land use and by
increasing the marketability of properties to be disposed of by the Department of Redevelopment.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend that it is
necessary for the Central Downtown Project Indiana R -66 area to be rezoned into two use district:
and one height and area district, as follows:
The area labeled "A" on the map entitled Proposed Rezoning Districts for the
Central Downtown Urban Renewal Project R -66 rezoned a "C" Commercial, "G" Height
and Area District. The area labeled "B" on the same map rezoned a "B" Residential,
"G" Height and Area District;
AND, BE IT FURTHER RESOLVED, that this resolution and the aforementioned ordinances are to be
submitted to the Area Plan Commission for their analysis and that the Area Plan Commission
expeditiously report their comments and recommendations to the Common Council of the City of
South Bend.
/s/ Peter J. Nemeth.
Member of the Common Council of the
City of South Bend, Indiana
A public hearing was held on the resolution at this time. Mr. Kevin Butler, Attorney for the
Redevelopment Department, explained that this resolution and two ordinances are being presented
to the Council in regard to rezoning the downtown. Mr. Butler presented the Council members
with a map showing the proposed zoning districts in the downtown. This proposal would provide
for a uniform and flexible land use and increase the marketability of properties to be disposed
of in the Downtown R -66 area. Miss Guthrie asked Mr. Butler if this included the total R -66
area and he replied that it did with the exception of the Post Office site which has already
been rezoned. Councilman Parent moved for adoption of the resolution, seconded by Councilman
Horvath. The motion carried and 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. 318 -72 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY
OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, IN
THE MATTER OF PETROLEUM CHEMICALS COMPANY AND /OR
OVERHILL MANUFACTURING INC., AND /OR MR. AND MRS.
THOMAS R. KINNUCAN.
WHEREAS, Petroleum Chemicals Company and /or Overbill Manufacturing Inc., and /or Mr. and Mrs.
Thomas R. Kinnucan have submitted their intention to the Economic Development Commission of
South Bend to purchase and rehabilitate the property at 2502 Lawton Avenue, South Bend, Indiana.
This property abuts the Indiana R -66 Urban Renewal Plan and Project in the Downtown South Bend,
Indiana area.
WHEREAS, Petroleum Chemicals Company and /of Overhill Manufacturing Inc., and /or Mr. and Mrs.
Thomas Kinnucan have 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 Petroleum Chemicals Company and /or Overhill Manu-
facturing, Inc., and /or Mr. and Mrs. Thomas R. Kinnucan and the Economic Development Commission
of the City of South Bend have been submitted for approval and comments to the Area Plan Com-
mission of St. Joseph County and the affirmative action and comments of the Area Plan Commis-
sion 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
REGULAR MEETING JULY 24, 1972
RESOLUTION NO. 318 -72 (CONTINUED)
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 Petroleum Chemicals Company and /or Overhill Manufacturing Inc., and /or Mr. and
Mrs.,Thomas R. Kinnucan seeks approximately $200,000.00 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 not to exceed 25 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 Petroleum Chemicals Company, and /or Overhill
Manufacturing Inc. and /or Mr. and Mrs. Thomas Kinnucan indicates their 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 Petroleum Chemicals Company and /or Overhill Manufacturing, Inc., and /or
Mr. and Mrs. Thomas R. Kinnucan, in the nature of a conditional commitment to enter into a lease
with the Petroleum Chemicals Company and /or Overhill Manufacturing, Inc., and /or Mr. and Mrs.
Thomas R. Kinnucan, 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. Mr. Kenneth Fedder, Attorney for the
Economic Development Commission, said that this resolution refers to a project which will be in
the Model Cities area. One of the three individuals mentioned in the resolution will be the
lessee and plans are to purchase and rehabilitate a property for business purposes which will
employ from 15 to 40 people. Councilman Kopczynski asked what the product would be. Mr. Karl
King, Director of the Economic Development Commission, said that this is not known yet but the
company makes portable air compressors, automotive lubricants, etc. Councilman Szymkowiak moved
that the resolution be adopted. Councilman Taylor seconded the motion and the resolution was
adopted by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor,
Kopczynski, Horvath, Newburn and Nemeth).
ORDINANCES, FIRST AND SECOND READING
ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE
NO. 4990 -68, CHAPTER 40 OF THE MUNICIPAL CODE OF
THE CITY OF SOUTH BEND, INDIANA, FORMERLY REFERRED TO
AS Zoning Ordinance No. 3702, as amended.
(Central Downtown Area A)
This Ordinance had first reading by title and second reading in full. Councilman Parent moved
that the ordinance be referred to the Area Plan Commission for their recommendation. Councilman
Taylor seconded the motion and it was carried.
ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE
NO. 4990 -68 CHAPTER 40 OF THE MUNICIPAL CODE OF THE
CITY OF SOUTH BEND, INDIANA FORMERLY REFERRED TO AS
ZONING ORDINANCE NO. 3702 AS AMENDED. (Central
Downtown Area B)
This Ordinance had first reading by title and second reading in full. Councilman Parent made a
motion that the ordinance be referred to the Area Plan Commission for their recommendation.
Councilman Taylor seconded the motion and it was carried.
ORDINANCE AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE
AND TRUST INDENTURE AND THE ISSUANCE OF ECONOMIC
DEVELOPMENT REVENUE BONDS PERTAINING TO GENTNER
PACKING CO., INC.
This Ordinance had first reading by title and second reading in full. Councilman Kopczynski made
a motion that the ordinance be set for public hearing on August 14, 1972, seconded by Councilman
Newburn and carried.
ORDINANCE AN ORDINANCE AMENDING THE REFUSE ORDINANCE OF THE
CITY OF SOUTH BEND, INDIANA.
This Ordinance had first reading. Councilman Parent moved that the second reading of the
ordinance be held on July 31, 1972 and the public hearing on August 14, 1972, seconded by
Councilman Newburn and carried.
8V
REGULAR MEETING JULY 24, 1972
Councilman Parent made a motion that the Council hold a Special Council Meeting on July 31,
1972 at 8:00 p.m. in the Council Chambers. Councilman Taylor seconded the motion. The
motion carried.
There being no further business, unfinished or new, to come before the Council, Councilman
Taylor made a motion to adjourn, seconded by several. The motion carried and the meeting
adjourned at 1:20 a.m.
ATTEST:
CITY
CLERK
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