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HomeMy WebLinkAbout01-22-73 Council Meeting Minutes++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++ REGULAR MEETING JANUARY 22, 1973 Be it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Monday, January 22, 1973, at 8:00 p.m., Council President Peter J. Nemeth presiding. The meeting was called to order and the Pledge to the Flag was given. Because of the death this date of President Lyndon B. Johnson, Council President Nemeth requested that a moment's silence be observed. ROLL CALL PRESENT: Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth. ABSENT: None. ORDINANCE AN ORDINANCE AMENDING ZONING CODE OF THE CITY OF SOUTH BEND TO ZONE TO "B" RESIDENTIAL PROPERTY LOCATED FROM JEFFERSON, CORBY AND HILL TO THE RIVERBANK. Councilman Parent made a motion to refer the ordinance back to the Area Plan Commission, directi them to come up with a new zoning classification that is "R" Renewal, seconded by Councilman Horvath. The motion carried. In view of the referral back to the Area Plan Commission, there was no public hearing on this ordinance. COMMITTEE OF THE WHOLE MEETING Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on Monday, January 22, 1973, at 8:05 p.m., with nine members present. Chairman Odell Newburn presided. ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WASTEWATER TREATMENT PLANT OF THE CITY OF SOUTH BEND, INDIANA, AND FMC CORPORATION, ENVIRONMENTAL EQUIPMENT DIVISION, CHICAGO, ILLINOIS, FOR THE.PURCHASE OF A MODEL 36A COMMINUTOR IN THE AMOUNT OF $13,964.00. s COMMITTEE OF THE WHOLE MEETING _(CONTINUED) This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. City Engineer William J. Richardson made the presentation for the ordinance. Mr. Richardson indicated that, at the previous meeting of the Council when this request was tabled, there were several questions raised, and one of these questions concerned the Depreciation Fund. He went on to say that he had been able to obtain these figures: As of January 10, the amount in the fund was $397,716.29. Under the rules and regulations of the original Bond Issue (1954), a minimum of $360,000.00 must be kept in the fund. During 1972, a total of $89,712.00 was expended from the fund. He further indicated that the Council would have the budget prior to January 31 for the Wastewater Treatment Plant, and that the questions that were raised about the uses of the funds would be covered. Councilman Parent asked why there was an increase in the price for the identical piece of machinery purchased previously, and Mr. Jerry Bers from FMC Corporation read a portion of a general release from Chicago Pump, dated March 1, 1972, as follows: Effective 12:01 A.M., April 1, 1972, certain pump and comminution equipment prices are increased 9 %. This price increase applies to all orders received on or after April 3, 1972. All outstanding quotations should be adjusted accordingly. This change in price is being accomplished with a change in multipliers as shown on page 2. New discount sheets will be issued incorporating these multiplier changes. This price change is issued with the approval of the Wage and Price Board. Mr. Bers went on to say that this type of equipment is normally on anywhere from three to twelve months' delivery schedule and the company was negligent in putting forth price increases when they should have. They went to the Price Board for a loo increase and were allowed a 9% increase, however, the increase for the Comminutor in question only amounts to about 7.1% which is less than the approved increase. This figure is based upon shipment and costs involved during the second or third quarter of 1973. Councilman Taylor asked when the past purchase of this equipment by the city was made, and it was indicated that the contract was signed in 1971 and delivery took place in 1972, with the quotation being dated September 3, 1971. Councilman Miller asked about the possibility of purchasing two machines. Mr. Bers answered that the city has purchased several pieces of equipment from Chicago Pump, and he felt sure he could convince the company to make this a price for two machines and hold at this time. Councilman Serge asked if there was any change in the model. Mr. Bers indicated that the company was straining to keep from cheapen- ing the machine and trying to hold to the original specifications regarding material, etc., because of the competition. He further indicated that this Comminutor was still the leading piece of equipment in the sewage treatment field and that production has increased from year to year, with Chicago Pump being the originator. Councilman Szymkowiak mentioned that the city expected to purchase equipment that would last and be durable, and Mr. Bers indicated that the quality of the Model 36A Comminutor is excellent. Mr. Richardson indicated that this was part of the original equipment that was installed in 1955. One piece of equipment had already been re- placed, the second piece to be replaced with the purchase of this Comminutor and an anticipated replacing of the third piece in 1974. He also indicated that this equipment runs constantly. Mr. Bers concluded that there has been no cheapening of the equipment, and he thanked the Council for the opportunity to speak to them. Councilman Parent made a motion that the ordinance go to the Council as favorable, seconded by Councilman Kopczynski. The motion carried. ORDINANCE AN ORDINANCE AMENDING CHAPTER 9, ARTICLE 1, SECTIONS 9 -2 AND 9 -3 OF THE CITY CODE OF THE CITY OF SOUTH BEND, INDIANA, 1971. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. John Kromkowski, Director of the Economic Development and Human Resources Commission, made the presentation for the ordinance. He explained that the ordinance represents the Second Edition of the 1970 BOCA Fire Prevention Code. The intent of the ordinance is to fill a documentation gap in the workable program for community improvement that is currently in the HUD offices. He further indicated that the implementation . and operation of the BOCA Code has been out of practice. According to Fire Chief Bland and the Fire Protection Bureau, there is no substantive difference in the Second Edition of the.Code. The deletions follow the city's Municipal Code and refer to items that are state law. He mentioned that another deletion concerns the establishment of a Fire Appeals Board which is, in many ways, putting the Administration through a hoop for the Department of Housing and Urban Development. He further went on to say that this was the practice of the Administration. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, said that she under- stood that the city's code was quite high. She questioned whether this ordinance would reduce it, Mr. Kromkowski answered that the purpose of the ordinance was to follow HUD and keep the code up to date. He again stressed that there was no substantive change in the ordinance. Miss Guthrie asked if the principle reason for the ordinance was because of HUD requirements, and Mr. Kromkowski answered that this was true as a matter of documentation. He concluded that this would be the official Fire Prevention Code for the City of South Bend, and that by passing the ordinance, the city would be taking advantage of the suggestions from BOCA. Councilman Szymkowiak made a motion that the ordinance go to the Council as favorable, seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE AMENDING CHAPTER 11, ARTICLE 1, OF THE CITY CODE OF THE CITY OF SOUTH BEND, INDIANA, 1971. This being the time heretofore set for public hearing on the above.ordinance, proponents and opponents were given an opportunity to be heard. Mr. John Kromkowski, Director of the Economic Development and Human Resources Commission, made the presentation for the ordinance. He indicate that this ordinance was a supplement to the 1964 Edition of the BOCA Housing Code and that there were a number of general changes, however, they did not substantively change the procedure of housing inspection. One of the general changes that appeared was that dwellings and multiple - family dwellings were to be replaced by the words "all structures." The words "human habitation" REGULAR MEETING JANUARY 22, 1973 COMMITTEE OF THE WHOLE MEETING (CONTINUED) have been replaced by the words "human occupancy." He concluded that this, too, was an update of the code and that the procedure of deleting, without substitution, that part of the BOCA Code that dealt with mobile homes was followed because this is covered by another ordinance for the City of South Bend. Councilman Szymkowiak made a motion that the ordinance go to the Council as favorable, seconded by Councilman Parent. The motion carried. ORDINANCE AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE AND TRUST INDENTURE AND ECONOMIC DEVELOPMENT REVENUE BONDS AND THE FORM AND TERMS OF THE LEASE AND TRUST INDENTURE AND BONDS AND THE ISSUANCE OF ECONOMIC DEVELOPMENT REVENUE BONDS PERTAINING TO FIRST BANK AND TRUST COMPANY OF SOUTH BEND, TRUSTEE FOR LAND TRUST NO. 29 -5121. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Kenneth Fedder, Attorney for the Economic Development Commission, made the presentation for the ordinance. He explained that, on the 25th of September, 1972, the Council passed a resolution authorizing the Commission to enter into negotiations and this was done. He indicated that this pertains to the annex of the JMS Building and that the matter has been very carefully considered. He recommended the Council act favorably on the ordinance. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, asked if the city was picking up the work being done at present on the JMS Building, and Mr. Fedder assured her that the city was not: Councilman Szymkowiak made a motion that the ordinance go to the Council as favorable, seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND TO REQUIRE THAT EMPLOYEES BE RESIDENTS OF THE CITY OF SOUTH BEND. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Councilman Nemeth presided at the meeting for this portion of the public hearing in order that Councilman Odell Newburn could make the presen- tation for the ordinance. Councilman Newburn expressed his concern about this problem in South Bend. He indicated that unemployment has been a great concern since the closing of Studebaker and that the residents of South Bend have heard it said that the city is becoming a "ghost city." He felt that this should be a challenge to the residents of the city and that many of the people living here have their roots implanted here. One of the things that he discovered was that the children who were born here are finding themselves shut out. This is discouraging and people are finding employment in other cities. He also indicated that he is very conscious about constitu- tional rights and that he found from the State Attorney General's Office that there is no viola- tion of the Constitution or inter and intra state provisions should such an ordinance be passed. He mentioned a stipulation of the Police Chief residing within the city for the first five years. Councilman Newburn went on to say that some people would object to this ordinance as they feel it restricts the Administration in the hiring practice, however, he did not believe this to be true. He mentioned that he had had no personal differences with anyone on this ordinance and that he was very concerned about the welfare of the residents of the city, this being the reason he proposed such an ordinance be passed. He indicated that he had made an effort to compile a list of the employees of the city who reside outside the city but he never was able to obtain thai list although it was assured to him. He cited an example as pertained to the Police and Fire Departments. Within the Police Department there were 220 employees of which 63 lived outside the city. Within the Fire Department there were 275 employees of which 43 lived outside the city. He brought up the fact that the city contributes the biggest part of the budget to the pension fund for these employees. He also brought up the matter of crime within the city, it being his feeling that an employee residing outside of the city might not have as strong feelings about the safety and protection of the residents as an employee who lived within the city. As far as findir people qualified to fill these positions, Councilman Newburn felt there were many qualified peopl( living within the city and that, with proper advertising of these positions, the jobs could be filled. He felt the city should take care of its own first and it should stop driving the people out. He concluded that he wanted to restore the confidence of the citizens of South Bend and he said that the evils of unemployment will never be overcome until this is done. Councilman Szymkowiak asked if the ordinance could be read, and Council President Nemeth indicated that this would be out of order at this time. Mrs. Lee Swan, 2022 Swygart, indicated that she had been greatly surprised when she found out that the city did not have such an ordinance in effect. She indicated that South Bend's property taxes were providing salaries for 112 city employees who did not even reside within the city. She also agreed with Councilman Newburn on the concern a policeman or fireman might have for South Bend when he does not even live in South Bend. She felt these employees would have a tendency to be truly concerned only about the city in which he resided. She also indicated that she would like to propose an amendment to the ordinance requiring employees who do not live within the city to be given one year to make South Bend their home or face termination of their employment. She challenged the Administration to advertise the openings and concluded that city government jobs should be given to the city residents. Councilman Kopczynski indicated that he has been a life -long resident of South Bend and he knew many policemen and firemen, and it hurt him to see the attitude that they have developed. He felt crime would be reduced if the city employed those living within the city. In view of that, he indicated that things must change, and he made a motion that the ordinance go to the Council as favorable. Motion lost due to lack of a second. Councilman Taylor requested the City Attorney's opinion on the ordinance. City Attorney Charles Sweeney indicated that the Attorney General's Office dealt with employees residing in the county. He cited cases in other cities and indicated that the test is for such an ordinance to be con- stitutional, it must be based on the compelling interests of the society. According to statutes, IN REGULAR MEETING JANUARY 22, 1973 COMMITTEE OF THE WHOLE MEETING (CONTINUED) policemen and firemen are allowed to reside outside the city. Those at present living outside the city have not violated any law by doing so. He further went on to say that the questions, as he sees them, would be whether or not this would be an unreasonable restriction upon a person's free- dom and also, what ramifications federal and state funding would have on such an ordinance. He felt that, because of the questions that have been raised, the approach would be to take a request to the Attorney General for an advisory opinion, however, he also indicated that even if a favorab E opinion would come from the Attorney General, it would only be advisory and the courts might possibly rule otherwise. He indicated that he would request an opinion if the Council desired this, however, he mentioned that an answer might not be received for quite some time. Mr. David Wells, City Engineering Department, asked if state law exempted police and firemen, and City Attorney Sweeney indicated that, even if the ordinance was passed this date, the state law would take precedence if there was a conflict. Councilman Nemeth indicated that the city would be looking at the qualifications of an individual as its first concern, and he felt it would be narrow minded to include residency within the city in the qualifications. Councilman Parent agreed with Councilman Nemeth and further indicated that the city would be looking for a qualified work force first. Of course, anyone residing in the cit who was qualified would be considered for the position first. He asked what would happen to those people who perhaps wanted to build a retirement home outside the city and live there a few years before retirment. He felt that this restriction would discourage competition. Councilman Serge asked what would happen in the event three men take the necessary test to become cadets on the police force and the only one to pass the exam resided outside the city. Councilman Newburn indicated that if the ordinance was passed, only those living within the city would be eligible to take the test. Councilman Horvath asked about the number of employees in other departments residing outside the city, and Councilman Newburn indicated that he had been promised a list of employees and had never received it. The matter of the five -year residency requirement by state law again was briefly touched upon. Councilman Szymkowiak indicated that he was a great believer of hiring local people but he expressed his concern about the state licensed people. He made a motion to send the ordinance back to committee for review and the possibility of adopting a resolution that would be more suitable for establishing a policy, seconded by Councilman Parent. There being no call for the question, Councilman Miller then made a motion to take the ordinance to the Council with no recommendation, seconded by Councilman Kopczynski. The motion carried. (Councilman Newburn opposed.) 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 Parent. The motion carried. ATTEST: CITY CLERK REGULAR MEETING - RECONVENED Be it remembered that the regular meeting of the Common Council of the City of South Bend, Indiana, reconvened in the Council Chambers at 9:07 p.m., Council President Peter J. Nemeth presiding. REPORT FROM THE COMMITTEE ON MINUTES Your committee on the inspection and supervision of the minutes would respectfully report that they have inspected the minutes of the January 8, 1973, 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 Councilman Horvath made a motion that the report be accepted as read and placed on file and the minutes be approved, seconded by Councilman Taylor. The motion carried. REPORT OF THE COMMITTEE OF THE WHOLE Councilman Parent made a motion to waive the reading of the Report of the Committee of the Whole, seconded by Councilman Miller. The motion carried by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). CITIZEN REQUESTS - MISCELLANEOUS MATTERS Mrs. Louise Rozek, 624 North Birdsell, expressed her concern about the drug problem that she exposed at the School Board meeting recently. She mentioned that it is now a city -wide problem and that she has received sick telephone calls from these drug users. Some of the people calling her had asked her how she could "knock it" if she had never tried it. The Drug Abuse Center had told her that, after all, it is only a mild intoxication. In October, she tried to solve this problem in the area schools. This is not only a problem at Central but in the other schools, as well. She was concerned and worried about this, and she did not know where the answer would lie. Crime has risen in the city and county, and the officers agree that drugs is the reason for this increase. She felt narcotics was the main problem and she asked the Council for their help. It is a growing problem and it is involving the children, she had indicated. She also mentioned that many people are aware of the problem but are afraid to bring it out in the open, however, she believed that an answer must be found and she was willing to suffer the consequences. She expressed concern for her children rather than herself. Mrs. Rozek felt the problem was with the pushers even though she was told by the Police Department that they are interested in the supplier!, She indicated that she had received calls from many parents whose children were on drugs but they did not know how to handle the situation. She felt that help should be given to the children. She also mentioned that this problem involves the elementary schools, as well as the high schools. Mrs. Rozek mentioned that she would like to get an appointment with the Mayor and Chief of Police. Council President Nemeth indicated that he could refer this matter to the Committee on Public Safety with the hopes that they could come up with a solution to the problem. He assured Mrs. Rozek that if there was anything the Council could do, they would certainly do so, however, he also mentioned that the courts and prosecutors were here for that purpose. Mrs. Rozek indicated REGULAR MEETING JANUARY 22, 1973 CITIZEN REQUESTS - MISCELLANEOUS MATTERS (CONTINUED) that she was not "too well up on Marijuana" but that some people simply think of it as a cocktail, and she felt this was a crime. Councilman Kopczynski indicated that he had read the Indiana Law which states that the Council has the power to investigate and supervise any and all departments within the city, and he felt that an investigation should be conducted within the school system. Mrs. Rozek agreed with him. Councilman Parent agreed that the problem was a very serious one and that it was very complex, also. He cited, for an example, the impact of the advertisements for legalizing drugs and indicated that it is not only a city -wide problem but a nation -wide problem. Councilman Szymkowiak sympathized with Mrs. Rozek on the telephone calls she indicated she had received and he felt that the problem was within the schools. He suggested that under- cover men be employed to cooperate with the Police Department in cracking down on this problem. Mrs. Rozek felt this possibly might die down within a few days and nothing would be done but she hoped this would not happen. Councilman Miller felt this was a social problem, and he suggested that help could be obtained from the Human Relations Department, along with the Chief of Police, and possibly the Criminal Justice Planning Agency. He mentioned that there are various agencies working on this problem now, however, there is no immediate answer because the problem is so com- plex. Mrs. Rozek indicated that she was not aware of these agencies and that she would check into them to see what could be done. Mrs. Lee Swan, 2022 Swygart, indicated that she had read an article in the Tribune on crime and most of the crime has been the result of drugs. She mentioned that there is a bill in the legislature at present to register these addicts at clinics in order for them to obtain the drugs there and keep them off the streets. She felt that Representative Doyle's bill should be looked into. She felt that if these people could get the drugs by law, it would be a solution to the problem. Mr. Charles Lennon, Director of Community Development, indicated that there has been a proposal from the City of South Bend totaling $511,000 for drug abusers that would cover a central administration, day care, nursery, etc. One of the recommenda- tions is that the county can enter a first -year service type program. He also mentioned that there is a proposal for alcoholism as well as drugs pending. ORDINANCES, SECOND READING ORDINANCE AN ORDINANCE AMENDING ZONING CODE OF THE CITY OF SOUTH BEND TO ZONE TO "B" RESIDENTIAL PROPERTY LOCATED FROM JEFFERSON, CORBY AND HILL TO THE RIVERBANK. Referred to the Area Plan Commission. ORDINANCE NO. 5479 -73 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WASTEWATER TREATMENT PLANT OF THE CITY OF SOUTH BEND, INDIANA, AND FMC CORPORATION, ENVIRONMENTAL EQUIPMENT DIVISION,. CHICAGO, ILLINOIS, FOR THE PURCHASE-OF A MODEL 36A COMMINUTOR IN THE AMOUNT OF $13,964.00. This ordinance had second reading. Councilman Serge made a motion that the ordinance pass, seconded by Councilman Horvath. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE NO. 5480 -73 AN ORDINANCE AMENDING CHAPTER 9, ARTICLE 1, SECTIONS 9 -2 AND 9 -3 OF THE CITY CODE OF THE CITY OF SOUTH BEND, INDIANA, 1971. This ordinance had second reading. Councilman Taylor made a motion that the ordinance pass, 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. 5481 -73 AN ORDINANCE AMENDING CHAPTER 11, ARTICLE 1, OF THE CITY CODE OF THE CITY OF SOUTH BEND, INDIANA, 1971. This ordinance had second reading. Councilman Taylor made a motion that the ordinance pass, 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. 5482 -73 AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE AND TRUST INDENTURE AND ECONOMIC DEVELOPMENT REVENUE BONDS AND THE FORM AND TERMS OF THE LEASE AND TRUST INDENTURE AND BONDS AND THE ISSUANCE OF ECONOMIC DEVELOPMENT REVENUE BONDS PERTAINING TO FIRST BANK AND TRUST COMPANY OF SOUTH BEND, TRUSTEE FOR LAND TRUST NO.'29 -5121. This ordinance had second reading. Councilman Szymkowiak made a motion that the ordinance pass, 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). ORDINANCE AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND TO REQUIRE THAT EMPLOYEES BE RESIDENTS OF THE CITY OF SOUTH BEND. This ordinance had second reading. Councilman Parent made a motion to refer the ordinance to the Ordinance Committee for preparation of a resolution reflecting the spirit of the ordinance, seconded by Councilman Szymkowiak. The motion carried. (Odell Newbur"n opposed.) REGULAR MEETING JANUARY 22, 1973 RESOLUTIONS RESOLUTION NO. 346 -73 A RESOLUTION AUTHORIZING THE ELECTION BY THE CITY OF SOUTH BEND, INDIANA, OF THE $5,000,000 OR LESS EXEMPTION PROVIDED IN INTERNAL REVENUE CODE SECTION 103(c)(6)(D) WITH RESPECT TO AN ISSUE OF ECONOMIC DEVELOPMENT REVENUE BONDS RELATING TO THE PROJECT FOR FIRST BANK AND TRUST COMPANY, AS TRUSTEE FOR LAND TRUST NO. 29 -5121. WHEREAS, it is beneficial and essential that the City of South Bend, Indiana, elect under Section 103(c)(6)(D) of the Internal Revenue Code of the United States of America, as amended, and applicable regulations thereunder, to have the issue of Economic Development Revenue Bonds relating to the project for First Bank and Trust Company of South Bend as Trustee for Land Trust No. 29 -5121 enjoy the exemption provided therein. NOW, THEREFORE, be it hereby resolved by the Common Council of the City of South Bend, Indiana, that the City of South Bend hereby elects pursuant to Section 103(c)(6)(D) of the Internal Revenue Code of the United States of America, as amended, and applicable regulations issued or promulgated thereunder or in connection therewith, to have the provisions thereof as to the $5,000,000 or less exemption apply to the issue of Economic Development Revenue Bonds relating to the project of First Bank and Trust Company as Trustee for Land Trust No. 29 -5121 and authorizes the Mayor of the City of South Bend, Indiana, or in his absence the Controller of the City of South Bend, Indiana, to execute and file the statement of such election with either the District Director of Internal Revenue or the Director of the Regional Service Center of the United States of America where the principal user or users of the proceeds of such issue, or facilities, acquired, constructed, reconstructed or improved with the proceeds of such issue are required to file their income tax returns and provide a copy of such statement for attachment to the income tax return of any person or entity requesting such. s/ Roger O. Parent Member of the Common Council A public hearing was held on the resolution at this time. Mr. Kenneth Fedder, Attorney for the Economic Development Commission, explained that this was a technical requirement for Internal Revenue procedure which would require execution by the Mayor. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, asked about a total amount, and Mr. Fedder indicated that he did not have a figure available at that moment. He assumed that the Mayor would be making a release on this. Mr. John Kromkowski, Director of Economic Development and Human Resources Commission, indicated that this represented two - thirds of the revenue bonds. Councilman Miller requested a copy of Mr. Fedder's report. Councilman Horvath made a motion that the resolution be adopted, seconded by Councilman Szymkowiak. The resolution passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). RESOLUTION NO. 347 -73 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, IN THE MATTER OF WELLS ELECTRONICS, INC., OF SOUTH BEND, INDIANA. WHEREAS, Wells Electronics, Inc., of South Bend, has submitted its intention to the Economic Development Commission of South Bend, to construct a new building located at 1801 South Main Street, within the City of South Bend, Indiana, and WHEREAS, the Economic Development Commission, pursuant to the statute, has found by written resolution that there exists insufficient employment opportunities and that the economic welfare of the City of South Bend, Indiana, would be benefited and the purpose of the statute would be accomplished by the acquisition and leasing of the above described property to Wells Electronics, Inc., of South Bend, Indiana, and WHEREAS, Wells Electronics, Inc., of South Bend, 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 Wells Electronics, Inc., of South Bend 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 have jurisdiction of the area in which the proposed facility is to be built, and WHEREAS, now the Wells Electronics, Inc., of South Bend, seeks approximately $280,000 from an issue of revenue bonds of the Economic Development Commission of the City of South Bend to be signed by the Mayor and by its City Clerk and further desires to enter into a lease of not more than 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 I m m I qu9pts9ad •ar 'buTX •O Tasx /s 'dTaaaOUZS •ouI 's0TU0a40aTS sTTaM '4u9pzs9ad 'UOSaPU •s APU AguaoggV uOTsSTiumoO quauldOT9A90 0TUZOU00S 'a9pp93 ggauuax A9=g4V A4T0 pugs 114nOS 'Aau99mg S9TasuO TTDun00 A4T0 pugs gqnoS '4u9pzs9ad 'g49w9N a9g9d Pugs 114nOS 90 A4T0 'aOAPW 'a9TTTW •r Aaaar :00 4u /xDx •Tsnoadds anon go uOTgpoTpuT pus UOTgu94gs agstpaunut anOA 94PToeadds pTnoM I -pugs u4nOS Jo •ouI 'sOZU0a40GTS sTTaM 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TTouno0 uounuo0 A4T0 puag gqnoS aqq 4sgq panTosaa 4T aq ' S2iO3SuaHs PUP 'panoadds pus pagda00s aq uoz4saodao0 Too110S puag 114noS a114 go pus u0TssTUnu03 usTd s9aV aqq go 'uoissTunuoO quauzd0T9A9G OTUZOUooa aqq go 4asd aqq uO 90zna9s DTTgnd go quauz94s4s aq4 4su4 'susipul 'puag gqnoS 90 A4T0 agq 90 TT0uno0 uounuo0 ago Aq panTosaa 4T aq 'suoiaHaHs PUP 'uOT4nTos9a STg4 UT pagsaodao0UT pus p9noadds aq goaCoad sTg4 oq buzuzsgaad uozssTunuoO quamdOT9n9Q 0TmouooH ago go sbuzpuTJ pus uozgnTosaa auq 4sg4 'sustpul 'puag gqnoS Jo 1�4TD aqq 90 TTouno0 uounuo0 aqq Aq panTosaa 4T 9q 'S2iO3auaHs 'd4TTT0sJ 9114 90 a9n94sgM 'saxs4 ,�gaadoad 'aousansuT 'a0usuaquTpm 'uoTgpaado aqq go sasuadxa TTs Asd oq uoTquagUT s4T S94POTPUT 'puag ugnoS go '•ouI 's0TU0a409TS sTTaM 9q4 'assaT qau q9u g9u agq go angatn Aq 'SvauaHM (GanNIZN00) £L -Lip£ 'ON NOIMUOSSH £ L 6 T Z Z aHVnNVf ONISSSW uvgnDSH imi m■l mn RESOLUTION NO. 347 -73 (CONTINUED) " REPORT OF CITY OF SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION MAKING CERTAIN ESTIMATES Pursuant to the Municipal Economic Development Act of 1965 as amended, the City of South Bend Economic Development Commission is required to make certain estimates in regard to the pro- posed construction of a building by Wells Electronics, Inc. of South Bend. The estimates are as follows: (1) There will be a slight burden on utilities, police and fire protection since a plant which previously did not exist is being considered. In our opinion, the increased tax base of the city, as a result of the new plant, will more than offset the aforementioned costs. (2) The total project cost of the proposed facilities will be approximately $180,000. (3) The number of jobs to be created by the proposed facility would be approximately 37 resulting in an increased payroll of $305,000 to $515,000 annually. m This is an established business in our community in the electronics field. This proposed facility will increase the tax base and require utilization of our local construction industry to build the facility. December 13, 1972 " Karl G. King, Jr., President Economic Development Commission c/0 Office Engineers, Inc. 117 N. Michigan Street South Bend, Indiana 46601 In Re: Wells Electronics, Inc. 1900 block S. Main St. South Bend, Indiana Dear Mr. King: The St. Joseph County Area Plan Commission Staff has reviewed the proposal of Wells Electronics to build a new plant in the 1900 block on the west side of South Main Street. The property in this block is presently zoned "E" Heavy Industrial. The proposal is consistent with the present zoning and the Comprehensive Plan for Community Development. It should be noted that this particular area lies one block south of the tentative boundaries for the Studebaker Industrial Corridor Study. Very truly yours, s/ Howard Bellinger HB /et Executive Director if it December 4, 1972 " Mr. Karl King, President Economic Development Commission of South Bend County -City Building South Bend, Indiana 46601 Dear Mr. King: The Board of School Trustees for the South Bend Community School Corporation endorses whole- heartedly the construction of a building by Wells Electronics, Inc. of South Bend. The school corporation does not consider that this project would cause any major change in school enrollments nor bring any burden upon present school facilities. JCw /mm Sincerely, s/ John C. Wagner, Vice President, Board of School Trustees m A public hearing was held on the resolution at this time. Mr. Kenneth Fedder, Attorney for the Economic Development Commission, indicated that on December 18, 1972, the Council passed a reso- lution for Wells Electronics. He requested that that resolution be stricken and this resolution supersede the December 18 resolution. He explained that the reason for this new resolution was that when the bids were let go, they were underestimated. Councilman Newburn made a motion to strike the previous resolution, seconded by Councilman Taylor. The motion carried. Councilman Miller made a motion that the resolution be adopted, seconded by Councilman Kopczynski. The resolution passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). RESOLUTIONS (CONTINUED) RESOLUTION NO. 348 -73 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 pro- perty located on West Roosevelt Road, South Bend, Indiana, and WHEREAS, the Economic Development Commission, pursuant to the statute, has found by written resolution that there exists insufficient employment opportunities and that the economic welfare of the City of South Bend, Indiana, would be benefited and the purpose of the statute wou be accomplished by the acquisition and leasing of the above described property to Gentner Packing Company, Inc., and 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 for- warded 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 U WHEREAS, the requirements of the application as described in the "Municipal Economic Development Act of 1965, of the State of Indiana" as amended, have heretofore 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 have jurisdiction of the area in which the proposed facility is to be built, and WHEREAS, now the Gentner Packing Company, Inc., seeks an additional $150,000.00 from an issue of revenue bonds of the Economic Development Commission of the City of South Bend to be signed by the Mayor and by its City Clerk and further desires to enter into a lease of not more than 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., indicate its intention to pay all expenses of the operation, and maintenance, insurance, property taxes, whatever of the facility. THEREFORE, be it resolved by the Common Council of the resolution and findings of the Economic Development Cone approved and incorporated in this resolution, and THEREFORE, be it resolved by the Common Council of the statement of public service on the part of the Economic Plan Commission and of the South Bend School Corporation be the City of South Bend, Indiana, that nission pertaining to this project be the City of South Bend, Indiana, that Development Commission, of the Area accepted and approved, and THEREFORE, be it resolved that the South Bend City Common Council authorize the Economic Development 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 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 Member of the South Bend City Common Council A RESOLUTION SETTING FORTH THE NEED FOR ECONOMIC DEVELOPMENT Resolution No. 1 -73 WHEREAS: WHEREAS: NOW, THEREFORE, BE IT RESOLVED by the Economic THIS RESOLUTION ADOPTED BY THE ECONOMIC The County of St. Joseph is still experiencing a high unemployment situation, and By virtue of the need for additional industrial and economic development, and m Development Commission that because of insufficient employment opportunities and insufficient diver- sification of industry, the economic welfare of the county would be benefited by approving the application of Gentner Packing Company an additioi to their plant at 21149 West Roosevelt Road, Soutl Bend, Indiana. w m RESOLUTION NO. 348 -73 (CONTINUED) DEVELOPMENT COMMISSION OF THE CIVIL CITY OF SOUTH BEND, INDIANA, THIS 5th DAY OF JANUARY, 1973. JANUARY 22, 1973 s/ Karl G. King, Jr. President - Karl G. King, Jr. s/ Fred Craven Vice President - Fred Craven s/ Walter Mucha Secretary - Walter Mucha " REPORT OF CITY OF SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION MAKING CERTAIN ESTIMATES Pursuant to the Municipal Economic Development Act of 1965 as amended, the City of South Bend Economic Development Commission is required to make certain estimates in regard to the pro- posed construction of a building by Gentner Packing Co., Inc. of South Bend, Indiana. The estimates are as follows: (1) The number of public services or facilities, including streets, sidewalks, schools, sewers, street lights, fire and police protection which would be made additionally necessary or desirable on account of the proposed construction are none and the expenses therefore are none. (2) The total project cost of the proposed facilities was originally estimated for a two -phase program. Phase I at a cost of $500,000 has been completed. Phase II at an approximate cost of $150,000 will com- plete the entire project covering purchase of real estate and construction of a building thereon and equipment therein. (3) The number of jobs to be created by the proposed facilities will remain as originally stated at fifteen immediately with a potential of fifty or more. A, This is Phase II of an expansion program of a well known operation in the community, and since this property is located in the County, we are working in conjunction with the St. Joseph County Council. A firm commitment letter to purchase the additional bonds has been received by the Commission from a local institution. May 23, 1972 " Mr. Frank Miles, President Area Plan Commission County -City Building South Bend, Indiana Dear Mr. Miles: Our Commission has an application for the issuance of Industrial Revenue Bonds in the amount of $500,000 to enable the building of a major plant addition to the Gentner Packing Company, Inc. at their present plant location on West Roosevelt Road, St. Joseph County, Indiana. In accordance with the Economic Development Act, State of Indiana, our Commission is to forward a statement of public service to the Area Plan Commission having jurisdiction of the area in whic the proposed facility is located. Inasmuch as this is a plant addition at their existing loca- tion, we have reason to believe that this would cause no particular change in the public services needed. Mr. Isadore Gentner, President of Gentner Packing Company, Inc., has informed us that the company has made considerable investment in the last few years in meeting pollution control standards and health standards. Present employment of Gentner Packing Company is approximately 100 people, and the plant addition should enable the employment of 25 to 75 additional people. The construction of the plant would also help in maintaining the county's tax base and property tax yield. We recommend this appli- cation to you for your consideration and would appreciate your affirmative answer. KGK, Jr. /nt cc: Jerry J. Miller, Mayor, City of South Bend Peter J. Nemeth, President, South Bend City Council Charles Sweeney, Jr., South Bend City Attorney Kenneth Fedder, Attorney for the Economic Development Commission of South Bend Mrs. Bertha Badollet, President, St. Joseph County Council if Isadore Gentner, President, Gentner Packing Company, Inc. Sincerely, s/ Karl G. King, Jr., President Economic Development Commiss of South Bend W it June 21, 1972 if Mr. Karl G. King, Jr., President Economic Development Commission City of South Bend In Re: Building of a major plant addition REGULAR MEETING JANUARY 22, 1973 RESOLUTION NO. 348 -73 (CONTINUED) Dear Mr. King: Please be advised that the Area Plan Commission, at its regular meeting held on June 20, 1972, reviewed your proposal for issuance of revenue bonds to enable the building of a major plant addition to the Gentner Packing Company, Inc. Following due consideration, the Area Plan Commission found the proposal to be consis- tent with the St. Joseph County Comprehensive Land Use Transportation Plan. All proposed construction must be approved by the County Building Department, County Engineer, County Health Department and other governmental agencies as may be required. Very truly yours, s/ Howard Bellinger HB /et Executive Director if if it May 23, 1972 of Mr. Howard Goodhew, President South Bend School Board 635 South Main Street South Bend, Indiana M1 WE Dear Mr. Goodhew: Our Commission has an application for the issuance of industrial revenue bonds to finance a major addition to the Gentner Packing Company, Inc. plant on West Roosevelt Road, St. Joseph County. In accordance with the Economic Development Act, State of Indiana, our Commission is to forward a statement of public service to the school corporation having jurisdiction of the area in which the proposed facility is to be built. The reason for this is to indicate the impact of addition< employment of this facility on the school system. Gentner Packing now employs approximately 100 people and this addition could enable the employment of an additional 25 to 75 people. The Gentner Packing Company plant is presently operating and Mr. Isadore Gentner, the president, has indicated that this plant addition will simply add productive capacity at their present loca- tion. He has also informed us that Gentner Packing Company, Inc. has done considerable work in conjunction with pollution control and health standards in the last few years. We would appreciate your affirmative reply on this application.at your earliest convenience. We have been advised by a commitment in the amount of $500,000 to purchase the total bond issue and we, as a Commission, believe this a help to maintaining the county's tax base and property tax yield. Sincerely, KGK, Jr. /nt cc: Jerry J. Miller, Mayor, City of South Bend Peter J. Nemeth, President, South Bend City Council Charles Sweeney, Jr., South Bend City Attorney Kenneth Fedder, Attorney for Economic Development Commission of South Bend Mrs. Bertha Badollet, President, St. Joseph County Council Isadore Gentner, President, Gentner Packing Company, Inc. Mr. Karl King, President Economic Development Commission of South Bend County -City Building South Bend, Indiana 46601 Dear Mr. King: s/ Karl G. King, Jr., President Economic Development Commission of South Bend May 26, 1972 The Board of School Trustees for the South Bend Community School Corporation endorses the issuance of industrial revenue bonds to finance a major addition to the Gentner Packing Company, Inc. plant on West Roosevelt Road, St. Joseph County. [I] M The School Corporation does not consider that this project would cause any major change in school enrollments nor bring any burden upon the present school facilities. Sincerely, s/ Howard Goodhew, President HG /mm Board of School Trustees REGULAR MEETING JANUARY 22 1973 RESOLUTION NO. 348 -73 (CONTINUED) A public hearing was held on the resolution at this time. Mr. Kenneth Fedder, Attorney for the Economic Development Commission, indicated that this is a Phase II application and that the Counci had previously authorized execution of the industrial revenue bonds. The Commission was request- ing an additional $150,000 to complete the project. Councilman Nemeth asked about the cost on the initial project, and Mr. Fedder indicated that it was $500,000. Councilman Nemeth asked if this additional project would increase employment from 25 to 75 persons, and Mr. Fedder indicated that the figures would be for the overall project. He concluded that this would mean additional construction costs which would probably reflect the same amount of employment. Councilman Szymkowiak made a motion that the resolution be adopted, seconded by Councilman Parent. The resolution passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). RESOLUTION A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, IN THE MATTER OF EDMUND J. LUTHER BEVERAGES, INC., OF SOUTH BEND, INDIANA. A public hearing was held on the resolution at this time. Mr. Kenneth Fedder, Attorney for the Economic Development Commission, indicated that this was an expansion program of Luther Beverages and that one of the benefits to be derived from this expansion would be 10 to 12 additional employees hired within the next few years. Councilman Miller mentioned that, when the Area Plan Commission had considered this matter, the question had arisen as to the closing of the alley in that vicinity. He asked where the warehouse was to be located, and Mr. Fedder answered that it would be adjacent to the existing warehouse south and west from the present location to Washingtoi and Niles Avenue. Councilman Miller asked if the proposed warehouse was proper under the Area Plan Commission program as he indicated that warehousing was not contemplated in this particular area. Mr. Fedder read a letter from Mr. Howard Bellinger, Executive Director of the Area Plan Commission, which indicated that existing zoning would permit the proposed use subject to local codes and ordinances. Again, the question was raised as to the exact location of the warehouse and the type of warehouse that would be constructed. Councilman Miller asked Mr. Fedder if the Council could continue the matter to the February 12 meeting in order to give them more time to study the situation. Mr. Fedder agreed to this and further indicated that he could perhaps suppl, the councilmen with additional supporting information to help them in reaching their decision. Councilman Miller made a motion to continue the resolution to the February 12, 1973, meeting of the Common Council, seconded by Councilman Taylor. The motion carried. ORDINANCES, FIRST READING ORDINANCE AN ORDINANCE AMENDING CHAPTER 2, ADMINISTRATION, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND. This ordinance had first reading. Councilman Horvath made a motion that the ordinance be set for public hearing and second reading on February 12, 1973, seconded by Councilman Szymkowiak. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $169,000.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND FOR CONSTRUCTION AND RIGHT -OF -WAY ACQUISITION, IRONWOOD AND IRELAND SEWERS. This ordinance had first reading. Councilman Horvath made a motion that the ordinance be set for public hearing and second reading on February 12, 1973, seconded by Councilman Taylor. The motiox carried. ORDINANCE AN ORDINANCE AUTHORIZING THE TRANSFER OF $7,116.81 FROM THE MUNICIPAL BONDS OF 1962 FUND TO THE GENERAL SINKING FUND OF THE CITY OF SOUTH BEND, INDIANA. This ordinance had first reading. Councilman Horvath made a motion that the ordinance be set for public hearing and second reading on February 12, 1973, seconded by Councilman Szymkowiak. The motion carried. ORDINANCE AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE AND TRUST INDENTURE AND ECONOMIC DEVELOPMENT REVENUE BONDS AND THE FORM AND TERMS OF THE LEASE AND TRUST INDENTURE AND BONDS AND THE ISSUANCE OF ECONOMIC DEVELOPMENT REVENUE BONDS PERTAINING TO K & F MANUFACTURING COMPANY, AN INDIANA PARTNERSHIP. This ordinance had first reading. Councilman Horvath made a motion that the ordinance be set for public hearing and second reading on February 12, 1973, seconded by Councilman Taylor. The motiox carried. UNFINISHED BUSINESS Councilman Nemeth recommended that a letter be sent to the County Commissioners thanking them for their quick response to the Council's request to have the microphones in the Council Chambers adjusted and put back into operating condition. Councilman Taylor made a motion to refer the Ordinance on the amendment to the Zoning Code to the Committee on Urban Redevelopment and Housing, in conjunction with the Area Plan Commission, seconded by Councilman Miller. The motion carried. Councilman Nemeth thanked the City Attorney, Mr. Charles Sweeney, on behalf of the Council, for his excellent help in the Council's first year of office and wished him luck in his future endeavors. He also introduced and welcomed Mr. James Roemer to his new position of City Attorney. JANUARY 22, 1973 UNFINISHED BUSINESS (CONTINUED) Councilman Taylor indicated that he had received a quarterly review of the Department of Resources and Economic Development. He complimented Mr. John Kromkowski on the work he has done on various projects. He also indicated that he felt the Council should request about a five - minute report from various department heads in order to keep the public informed. He mentioned that this had been talked about previously but nothing had been done on the matter. Councilman Miller indicated that the Council had received a report from the Engineering Department. Mr. Kromkowski indicated that he would bring the Council up to date at the next meeting as he felt there were a number of items that have public interest. He indicated, however, that he did not want to be redundant and for that reason, he had submitted a quarterly report. Councilman Nemeth suggested that perhaps at each Council meeting, a different department head should be requested- to give a brief report on activities within his or her department. He also complimented Mr. Kromkowski on the quarterly report and indicated that the Council appreciated this. Mr. Kromkowski indicated that he felt credit should be given to Mr. Karl King rather than himself as the industrial revenue bonds development was under his direction. Councilman Taylor made a motiol to invite Mr. Kromkowski to give a brief report at the Council's February 12 meeting, seconded by Councilman Parent. The motion carried. There being no further business, unfinished or new, to come before the Council, Councilman Parent made a motion to adjourn, seconded by Councilman Taylor. The motion carried, and the meeting adjourned at 10:00 P.M. ATTEST: CITY CLERK APPROVED: ++++++++++++++++++++++++++++++++++++++++++++.++.........+++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++