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HomeMy WebLinkAbout02-12-73 Council Meeting MinutesREGULAR MEETING FEBRUARY 12, 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, February 12, 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. ROLL CALL PRESENT: Councilmen Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth. ABSENT: Councilman Serge. Councilman Taylor made a motion to resolve into the Committee of the Whole, seconded by Councilman Miller. The motion carried. COMMITTEE OF THE WHOLE MEETING Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on Monday, February 12, 1973, at 8:01 p.m., with eight members present and one member absent. Chairman Odell Newburn presided. ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 40, MUNICIPAL CODE) - WEST SIDE OF MIAMI, SOUTH OF IRELAND ROAD. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Attorney Stephen A. Seall made the presentation . for the ordinance. He indicated that the ordinance would amend the Zoning Ordinance subject to a final site development plan to be approved by the Area Plan Commission. He indicated that the property is located on the West side of Miami Road, South of Ireland Road, opposite the Scottsdale area. The proposed zoning change is from "A" Residential to 11C -1" Commercial. Attorney Seall further indicated that the proposed building would be erected on the property and would be two stories in height with 10,000 square feet per floor, to be used primarily for a branch bank facility and general office building. He felt the rezoning would be beneficial to the city in that it would increase the tax base and put the area in question to good use. He recommended that the Council pass the ordinance subject to a final site plan to be approved by the Area Plan Commission. Council President Nemeth asked what branch bank facility the building would accommodate, and Attorney Seall indicated that it would probably be the St. Joseph Bank but that there has been no agreement entered into as of this date. Council President Nemeth asked the names of the petitioners, and Attorney Seall indicated that the property is owned by James F. and Mary Anna Peacock, Robert R. and Dorothy A. Allen, and Southold Downs, Inc. Councilman Miller asked where the property is located in relation to the Jackson High School, and Councilman Taylor indicated that it was North on Widener Lane. Councilman Miller asked about the frontage, and Attorney Seall assured him that the building would be set back as required by the city's Zoning Ordinance. Councilman Taylor indicated that it has been proposed to widen Miami Road in the future, and he asked if the setback would be sufficient when the widening eventually takes place, and Attorney Seall indicated that the setback would be about 180 feet. Councilman Szymkowiak asked about the number of parking spaces, and Attorney Seall indicated that there would be 112 off- street parking spaces allowed as required in the Zoning Ordinance. Councilman Szymkowiak questioned the increase in the traffic and the effect this would have on Miami Road. Attorney Seall indicated that the traffic would be generated from professional tenants and the bank customers. Councilman Taylor made a motion that the ordinance go to the Council as favorable, seconded by Councilman Miller. The motion carried. REGULAR MEETING FEBRUARY 12, 1973 COMMITTEE OF THE WHOLE (CONTINUED) ORDINANCE AN ORDINANCE AMENDING CHAPTER 2, ADMINISTRATION, OF THE MUNICIPAL CODE 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. Council President Nemeth made the presentation for the ordinance. He explained that the ordinance was a kind of "house cleaning" and bringing up to date certain sections in Chapter 2 as relates to the election of officers, regular meetings of the Council, standing committees of the Council and the order of business to be followed at each Council meeting. He mentioned that the order of business was previously changed in October, 1972, by omitting the third reading of the ordinances. He also pointed out that the citizen requests would be after the first reading of the ordinances and would be referred to as "Privilege of the Floor." Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, asked about the state law as far as setting the time for the budget hearings. Council President Nemeth indicated that state law does set the date for the budget hearings but does not set the time and, therefore, the Council could set the time for the hearings. Council President Nemeth briefly mentioned that various committees were composed to act as a liaison with the Council and the various cabinet departments. Councilman Parent made a motion to amend the ordinance by inserting the words "or time" immediately following the word "date" in the ninth line of Sections 2 -4, seconded by Councilman Taylor. The motion carried. Councilman Szymkowiak then made a motion that the ordinance, as amended, go to the Council as favorable, seconded by Councilman Horvath. 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 being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. William Richardson, Director of Public Works, made the presentation for the ordinance. He indicated that the ordinance was for the purpose of covering the construction and right -of -way for anew trunk sewer on Brookmede Drive. He further explained that the sewer would extend along the course of Clyde Creek to Ironwood and Inwood. It would then continue up to Ireland as a local sewer and would be extended to the South and East and take care of the proposed annexation now in court in that area. Mr. Richardson explained that the sanitary sewer project was one part of the Ironwood Road improvement. He indicated that the public hearing had been held and that another hearing would be scheduled before the Board of Public Works on the pavement plans. After the hearing regarding the pavement plans, Mr. Richardson indicated that he would be coming before the Council again for that appro- priation. He indicated that, as a result of the public hearing held last November, the pavement plans had been revised to clear more right -of -way. He also indicated that he has taken into con- sideration a number of suggestions and that everyone had been as cooperative as possible. He concluded that the proposed sewer is very vital to the extension of the city's boundaries to the South and East, and he felt sure that the court action on the annexation-would be affirmative to the city. Mrs. Ladislaus Magyar, 2517 South Ironwood, informed the Council that they had been promised that the sewers would be installed at no expense to the residents. She asked if this was the case, and Mr. Richardson indicated that the street sewer and trunk sewer would be installed at no expense, however, the local sewers would be installed with the residents paying half the sewer assessment as set forth in the new policy of the city. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, asked when the people got the relief of 25% for this. Mr. Richardson indicated that there is no intention of refunding anything back to the property owners, and he mentioned that the sanitary trunk sewer has nothing to do with the local sewer. Miss Guthrie indicated that she thought there was about one million dollars available and that the cumulative funds were appropriated on the individual programs or projects. Mr. Richardson answered that this was figured in the overall planning and was a residual from 1972. Miss Guthrie asked if the Council had been furnished a copy of the report on this and if the report was public information, and Mr. Richardson indicated that the Council would be receiving a report and the information was public record. He also indicated that he was talking about a figure of seventy million dollars for sewers within the next few years and that the city is using the money as was originally planned. Mr. Otto Klausmeyer, 3415 South Ironwood, asked if he would be able to benefit from the sewer and if it would be routed near his property, and Mr. Richardson indicated that Mr. Klausmeyer's property would not be serviced by this particular sewer. He indicated, however, that Mr. Klausmeyer's property, which is a large tract of land, is plattable and sewers would be available into his property in order to have the subdivision recorded. Mr. William Kring, 58108 South Ironwood, asked if the sewers would go into the county side. Mr. Richardson indicated that the city is taking a look at the sewers at that end of the project, and if it was extended to Mr. Kring, he would have to sign a waiver of annexation in order to use the sewer. Mr. Kring objected to this, indicating that he was paying county taxes and should'i benefit from the sewer. He concluded that the city was only tearing up his property by the installation of the sewer, and he felt he should derive some benefit therefrom. Mrs. Constance Green, 3217 West Dunham, indicated her concern in relation to the city's new policy of paying one -half the cost of the assessment. She asked if the policy would apply in this case. Mr. Richardson indicated that the policy would apply as long as the present Mayor and Board of Public Works were in office. He mentioned that this policy was highlighted in his report on capital improvements and that he felt it was a question of health in that the city cannot afford to have people living without sewers. He mentioned the great many problems in relation to the annexation of Kensington Farms, and he stressed the problems in the areas of North Olive and Johnson, Hillside, Oakwood and newly annexed areas. He felt the city could not allow this health problem to exist. He indicated that many people cannot afford the cost of the REGULAR MEETING FEBRUARY 12, 1973 COMMITTEE OF THE WHOLE MEETING (CONTINUED) assessment, and this was the reason for establishment of the new policy of the city paying one - half of the assessment. Mrs. Green asked if the policy would be a continuing practice, and Mr. Richardson again indicated that he could only speak for the present administration. He indicated that this policy would be in force as long as Jerry Miller was Mayor and he was Director of Public Works. Mrs. Steven Mellinger, 3833 South Ironwood, indicated that she did not understand.the new policy, and Mr. Richardson explained that certain areas will be under special assessment programs for construction of local sewers. The project is assessed on a square footage basis, according to state law. After the total assessment is arrived at, 50% is borne by the taxpayer and the remaining 50o is borne by the city. Mrs. Mellinger asked if the project would be finished within four years, and Mr. Richardson indicated that it would be finished before next winter. Mrs. Mellinger asked how this project related to the widening of Ireland and Ironwood. Mr. Richardson answered that the sewers would be installed regardless of the widening. He did indicate., however, that the city is trying to coordinate the sewer construction before the pavement plans are initiated. Mrs. Magyar indicated that the people on the West side have good septic tanks and there is no problem with raw sewage. She suggested that the city put the money to good use and install the sewers for the people who really have the sewage problem. Mrs. Patricia Humphreys, 1971 Brookmede Drive, asked where the sewer would run, and Mr. Richardson answered that the sewer will run along Clyde Creek to the South and the ditches would be replaced to keep the erosion down. He indicated to Mrs. Humphreys that the only part of Brookmede that would be torn up would be in the area of the manholes. - Councilman Miller indicated that he did not understand the route of the sewer. Mr. Richardson explained that the sewer would terminate at Ironwood and Ireland South and East of the retention basins and would go up to Brookmede. Councilman Taylor mentioned, that the sewer construction did not have a direct relationship to the paving. He indicated that he had received two telephone calls from people in this area asking about the availability of sewers. He felt that, to vote against the ordinance, would mean that a councilman would not be in favor of extending service to the people in the future. Councilman Kopczynski felt that, in the future, it would be beneficial to furnish the Council with a layout of the plans. He also mentioned that there is a great deal of controversy on the 50% policy regarding assessments, and he asked if possibly there should not be a public hearing on this matter. Mr. Richardson indicated that about ten years ago, an engineering firm wrote its report on the streets, etc., which report was called the Gregg Report. He mentioned that the city's previous assessment policy was causing the area to decay. Conse- quently, a great deal of gas tax money was used in paving. He felt that the streets were very important and that using general tax money would be acceptable to clear up this present health problem. Councilman Kopczynski felt that the people should be able to say how this money will be spent. Mr. Richardson mentioned that this project was not a special assessment project. Mrs. William Kring, 58108 South Ironwood, expressed her concern on the annexation and Penn Township. She asked if the sewer would serve that area, and Mr. Richardson answered that it would serve part of the area. Councilman Parent made a motion that the ordinance go to the Council as favorable, seconded by Councilman Szymkowiak. An unidentified lady in the audience asked if she would have another chance to speak on the matter, and Chairman Newburn indicated that the public hearing was over and that the recommendation of the Committee of the Whole would go to the Council as favorable. There was a brief discussion and comments regarding the recommendation to the Council and the fact that the public hearing was over. The motion 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 being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. James Barcome, Controller, made the presen- tation for the ordinance. He indicated that the ordinance was like a "house keeping" bill in tha there is requested a transfer to the General Sinking Fund because the bond issue purpose has been fulfilled for many years. He expressed hope that next year the tax rate could be reduced. He also indicated that he would be presenting a few more ordinances of this kind in the future and that this is a new procedure in the Controller's Office as they are trying to clear these bond issues up. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, indicated that the city must be absolutely sure that all the projects under the particular bond issue are taken care of before the money is transferred into the General Fund. Councilman Miller asked if the money was to be used for the Parking Garage Fund, and Mr. Barcome answered that the money would go back to the General Fund for bond obligations and not necessarily the Parking Garage Fund. Councilman Parent indicated that he wanted to clear up the matter of citizen participation in the public hearings, and he informed the audience that, once the public hearing is over, the citizens do not have an input on the ordinance considered at the public hearing. Councilman Szymkowiak made a motion that the ordinance go to the Council as favorable, seconded by Councilman Kopczynski. 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 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 introduced Mr. Robert Lee, REGULAR MEETING FEBRUARY 12,1973 COMMITTEE OF THE WHOLE MEETING (CONTINUED) Attorney for K & F Manufacturing. Mr. Lee informed the Council that K & F is a manufacturing con- cern formerly located at 612 West Calvert Street. The firm manufactures what is called "saddles," a part of the printing press industry. He briefly explained the function of the saddles in that they are similar to a bearing in the crankshaft of an automobile and protect the metal. He further indicated that K & F has been in this particular business for many years, presently employing 14 people, and each year, the firm is growing considerably. He mentioned that soon, K & F hopefully would employ approximately 100 people. Councilman Szymkowiak complimented the firm on their many years of service to the community. Councilman Kopczynski asked if K & F was the only company that manufactured these saddles, and Mr. Lee answered that there were other companies manufacturing the saddles but that K & F was the only firm to produce the saddle in a very unique way. Council President Nemeth asked where the plant was located, and Mr. Lee indicated that it was pro- posed to be located in the Granger Industrial Park. Council President Nemeth asked if this proper was within the corporate limits to be annexed, and he suggested that perhaps K & F should be requested to sign a waiver of annexation. Mr. Fedder and Mr. Lee both indicated that they could not give an answer to that question. Council President Nemeth then asked where the Granger Industrial Park was located, and Mr. William Richardson, Director of Public Works, indicated that it was located one -half mile South from Highway 23 on the West side of the road and was North and East of Mishawaka. Mr. Fedder indicated that he would bring up the matter of the waiver of annexation to the Economic Development Commission. Council President Nemeth suggested that this matter be continued and requested the Economic Development Commission to come up with a stand on the subject. Councilman Horvath reminded the Council that they had previously granted execution of a lease and trust indenture to Gentner Packing Company, another firm located outside of the city limits. Council President Nemeth felt that because the matter was overlooked in the Gentner matter, it should not be reason to overlook the matter in the K & F situation. Mr. Fedder then indicated.that there was no general obligation going into this, and Councilman Horvath indicated that perhaps the city should keep the Economic Development Bonds to firms within the city. Councilman Parent .asked where the plant was located at the present time, and Mr. Fedder answered that it was within the city. Councilman Parent suggested that perhaps a separate commission should be set up for the city and county. Mr. Fedder indicated that such a suggestion would be possible, however, the commission could not go into Mishawaka. Councilman Szymkowiak indicated that he had understood this firm to be located in South Bend. It was indicated the firm was located in South Bend but had plans to move to the Granger Industrial Park. Mr. Fedder indicated that this was a problem that the Economic Development Commission was sometimes faced with. He supported the statement that the applicants for the bonds should maintain status within the city. Councilman Szymkowiak indicated that Gentner Packing Company was somewhat of a different situation Mr. Fedder assured the Council that he would take this information back to the Economic Development Commission for their consideration. Councilman Kopczynski mentioned that the city is dealing with an ordinance authorizing the execution of a lease. He indicated that, in these instances, the property is put in the city's or county's name and, therefore, the responsibility of maintaining the sidewalks and streets woulc be the duty of the city or county. He asked for clarification of this. Mr. Fedder informed the Council that the lessee was to maintain the property and also place insurance on the property against liability and injury. He mentioned that all this was covered in the lease agreement. It was mentioned that the Council had not been furnished with a copy of the lease agreement, and Mr. Fedder indicated that the form of the lease is basically the same for all firms applying for the bonds, and that he would furnish the Council with a copy of this form lease. Council President Nemeth asked if K & F would have any objection to signing a waiver of annexa- tion, and Mr. Fedder indicated that he would pose that question to them. Councilman Miller asked what the advantage was of the Granger Industrial Park over the city's industrial park. Councilman Newburn asked if the same employees would be employed at the new location, and Mr. Lee answered that they would be. Councilman Kopczynski asked if there would be public transportation to the new plant. Mr. Fedder indicated that he would have to say no. Council President Nemeth made a motion to continue the ordinance to the February 26, 1973, meeting of the Council, seconded by Councilman Parent. The motion carried. There being no further business to come before the Committee of the Whole, Councilman Taylor made a motion to rise and report to the Council, seconded by Councilman Miller. The motion carried. ATTEST: CITY CLERK REGULAR MEETING - RECONVENED APPROVED: 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 pre- siding. 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 22, 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 Taylor made a motion that the report be accepted as read and placed on file and the minutes be approved, seconded by Councilman Horvath. The motion carried. REGULAR MEETING-- FEBRUARY .,-3-973 I REGULAR MEETING - RECONVENED (CONTINUED) REPORT OF THE COMMITTEE OF THE WHOLE Councilman Newburn made a motion to waive the reading of the Report of the Committee of the Whole seconded by Councilman Taylor. The motion carried by a roll call vote of eight ayes (Councilmen Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth), and one absent (Councilman Serge). CITIZEN REQUESTS - MISCELLANEOUS MATTERS At this time, Dr. John Kromkowski, Director of the Human Resources and Economic Development Department, gave a brief oral report to the Council regarding the activities of his department. He indicated that other cabinet officials are interested in this form of public communication, and he commended the Council on its reorganization of its newly established committees to reflect the cabinet form of government. He suggested that monthly meetings should be held with each Council committee and its cognate cabinet official, after which Dr. Kromkowski briefly identified the six primary areas of the Human Resources and Economic Development responsibility, as follows: The first being the Division of Human Relations and Resources which dealt with A.C.T.I.O.N., Inc. Human Relations and Fair Employment Practices Commission, Labor Bureau, Youth Services Bureau, Senior Citizens Bureau and Model Cities. The second being the Division of Housing, Conservation and Community Renewal which dealt with the Housing Authority, Redevelopment Authority and the Bureau of Conservation and Historic Preservation. The third division was the Division of Health and Welfare; the fourth was the Division of Planning, Research and Statistics; the fifth was the Division of Economic Development which dealt with the Economic Development Commission; and the sixth division was the Division of State and Federal Programs. He indicated that each of the above agencies meet with him every Monday morning. Dr. Kromkowski then briefly outlined the activities of his department during the first quarter of existence, indicating that tours of administrative offices and council chambers have begun; the consolidation of the Department of Labor programs is now national and regional policy; his department is now experiencing the beginning of a national crisis percipitated by drastic cutbacks in domestic funding which is being felt most in the housing industry with the cutback of the 235 Program; the Intern Program has been started with 15 students from Notre Dame, 12 from St. Mary's and 5 from Indiana Universi with the prospect of developing an expanded program in conjunction with I.U. programs in Public Affairs and Environmental Science. He also indicated that there was amounting interest in ethni development and mentioned the upcoming Black History Week and the Kopernik Quintencenary Celebration to be held February 18 through March 3. Council President Nemeth thanked Dr. Kromkowski for his informative speech. Councilman Kopczynski asked Dr. Kromkowski how the cut- back of federal funding would affect his time, and Dr. Kromkowski indicated that this cutback would not affect his time as these cutbacks would devolve into the Mayor's office. Councilman Kopczynski asked if this cutback of funds would enable more work done on other projects, and Dr. Kromkowski answered that the array of federal programs within the city would have minimal contact with him. He mentioned that funds are available through O.E.O., the Department of Labor and the Department of Housing and Urban Development. Councilman Kopczynski asked if the federal monies would be the same amount, and Dr. Kromkowski indicated that there would be a reduction of federal spending and evaluation of the national dollar which would test the local governments. Mrs. Lee Swan, 2022 Swygart, indicated that she had a few questions that she wanted to address to Councilman Taylor regarding the article in the Tribune on his comments for increasing the police force. Councilman Taylor indicated that he had done some reading on a project called "Project Stress" out of Detroit, which involved the hiring of additional policemen. He mentioned that another city that has decreased its crime rate because of additional policemen was St. Louis, and he mentioned that they attributed this to the increase of 50 policemen. Mrs. Swan indicated that, according to the FBI, crime has decreased in many cities that have kept their police force at the same number. She felt that the decrease in crime in'these cities was not because of an increase in the city's police force. She used Washington, D.C. as an example and read portions of the newspaper article dealing with Washington, D.C. She asked Councilman Taylor what had transpired in Washington, and Councilman Taylor answered that there had been a decrease in the crime rate. Mrs. Swan disagreed with this statement and indicated that there has not been a decrease in crime despite the increase of the police force. She briefly mentioned revenue sharinc funds and felt the City of South Bend should not hire additional policemen. Councilman Taylor informed Mrs. Swan that he was sending additional information to the Tribune on his stand, and he thanked her for her comments. He informed the Council that he had had an opportunity to talk to a couple of Senator Bayh's assistants. According to the assistants, they say there has been a definite decrease in crime in Washington, D.C. Part of this was due to additional manpower, however, part of it was also due to additional street lighting. Decreasing the crime is a many facet thing and involves more than just increased police forces. He mentioned that the national recommendations of the FBI in the 1930's came out as 1.8 policemen per thousand population. He reminded the Council that that was in 1930 and this was 1972. He also indicated that the Council should keep in mind the many additional people who live just outside the city boundaries. They are a part of the crime picture in South Bend even though they are not included in the city's population figure. Mrs. Swan asked if there was an increase in the police force since last year, and Councilman Taylor indicated that the city was at 228 now. Mrs. Swan mentioned that Patrick Gallagher, the city's Safety Director, had stated there was a decrease in the force. She ' wondered what was happening to the increase in the police force if this was the case. She felt that, before additional men are hired, the city should take one step at a time. Fanny Grunwald, 227 South Frances Street, indicated that she wanted to comment on the district meetings on revenue sharing being held in the city. She felt that the reasons the people were not attending the meetings were because they have not been well enough informed of the meetings in advance and they are afraid to go out at night. She suggested that the Tribune publish these meetings and all other meetings in one certain place in the newspaper because she felt they would be easier to spot. She also suggested that the Council make a ruling that notices of such meetings should be published in one certain area of the newspaper and then notify the Tribune of the Council's decision. Councilman Szymkowiak mentioned that the press has been very kind to him and the Council. He then mentioned that his district meeting on revenue sharing was to be held on February 14, 1973. Mrs. Constance Green, 3217 West Dunham, indicated that she wanted to comment on the crime rate. She mentioned that on January 27 or 28, there appeared an article in the Tribune on crime statis- tics, in which article the Police Chief had stated that the reason that the crime rate was so higl was because of the black people. She felt that Chief Seals should be made accountable for that REGULAR MEETING FEBRUARY 12 1973 CITIZEN REQUESTS - MISCELLANEOUS MATTERS (CONTINUED) statement because every black person would now carry that mark and be stereotyped. She could not see how Chief Seals could say that one certain group is responsible for the crime, and she felt the statistics were being lumped together. She felt a study should be conducted and she mentione� the Safety Director and Human Relations Commission. She suggested hiring more black policemen and initiating a merit basis plan for the policemen. She concluded that the problem has been magnified, and she felt the Safety Director and Crime Commission should work together on this matter. Councilman Parent indicated that he had not been aware of the statement made by Chief Seals in attributing the crime problem to the black people, and he asked Mrs. Green to furnish him with a copy of the article. Mr. Kenneth Kwieran, 730 South Lombardy, indicated that he has recently moved to the North end of the city and has been harassed quite regularily by cars driving around on his front yard. He said he had called the police to report the incident and apparently nothing had been done. About two weeks later, he spotted the same car on the lawn again, and he mentioned that it was not only his lawn but a couple of his neighbors, as well. Another time, he discovered tire tracks on his lawn. Sometime after that incident, the bushes on his property were destroyed. He indicated that he has called the police every day of the week regarding this matter. Finally, a police car had been sent out, and he indicated that the officer informed him that nothing could be done. At still another time, he was fortunate enough to catch the driver in the act and got the name, address, license number, etc. He turned all this information over to the police. He also stated that the other evening, a car was driving down the street weaving in and out between trees and hit a utility pole and cracked the pole. Since that incident, the car has been sitting there and no one seemed to know anything about the accident. Shortly after this accident, two more cars were driving reck- lessly down the street and came up on his lawn. He, at that time, was also able to take down the license number and informed the police. He mentioned that he has received no cooperation from the Police Department. He requested an appointment with Chief Seals and was unable to see him; how- ever, he was able to talk to another officer. He had been told that the police force was under- manned in that area. He indicated that at, still another time, he took off work to see the Mayor about this problem and was told the Mayor was on vacation. He stated that he had been shuffled from one office to another. He asked if he could place a large rock on his property to prevent more damage to his yard, and he had been told he could not do this because he would be liable for any damages or injuries someone might sustain. He also indicated that his insurance company would not cover anything because of the dangerous road. Councilman Newburn sympathized with Mr. Kwiera . He indicated that he had been listening to the requests for additional policemen on the force because some people say the force is undermanned, and yet, he informed the Council that some of these policemen simply take it easy when they are supposed to be out on calls. He felt something should be done now in this regard and the department should be straightened out before additional policemen are added to the force. Mr. Kwieran also indicated that he had applied for a job on the police force some time ago in the hopes of helping to reduce the crime rate because he felt so strongly about it, and he mentioned that he had never heard a word about his application. He cited incidents when he had'passed a small restaurant in town and seen up to 10 squad cars parked outside with the policemen inside leaving their cars and radios unattended. Councilman Kopczynsk' felt that intimidation by the Police Department should be stopped. He mentioned that he had been assured by Chief Seals that this would be taken care of. He felt the Council should refer this matter to the Council's committee on Public Safety, with Councilman Parent as chairman, to come up with a written report. Councilman Newburn agreed with this. Councilman Miller felt this was a very serious matter and should be taken care of by the City Attorney and the Police Department. Councilman Kopczynski made a motion to refer this matter to the City Attorney, the Chief of Police and the Safety Director and report back to the Council on February 26, 1973, seconded by Councilman Newburn. The motion carried. Councilman Szymkowiak asked Mr. Kwieran how many weeks all this had been going on, and Mr. Kwieran stated it had all started about two and one -half months ago. Councilman Szymkowiak then asked if Mr. Kwieran had been given the opportunity to speak with the Chief of Police in person, and Mr. Kwieran answered that he had gone to the Police Department to speak with him and was unable to see him; however, he was able to at least talk to another officer, and he thought this gentleman was the head of the Traffic Division. He also indicated that, at one time, some kids had been breaking the windows at the school and one of the neighbors knew who the kids were and called the police. By the time the police arrived on th scene, it was too late and the kids had left the school and were standing on the corner laughing at the police cars parked all over the lawn at the school. City Attorney Roemer indicated that he would be happy to work with Mr. Kwieran on this matter and take him to the prosecutor's office so that a determination could be made whether or not criminal charges should be filed. Council President Nemeth indicated that the primary concern of the Council was with the Police Department looking into the calls. He said he had heard stories about calls not being answered, and he felt it should be looked into. City Attorney Roemer informed the Council that he would be pleased to check into that also. Councilman Horvath spoke briefly on a Youth Junior Achievement Group desiring to hold a trade fair soon. He indicated that the group was in need of a building in which to have the trade fair and he appealed to the public for help for the kids. He felt it was a worthwhile cause. PETITION TO AMEND ZONING ORDINANCE (744 WEST WASHINGTON STREET) I, the undersigned, do hereby respectfully make application and petition the South Bend Common Council to amend the Zoning Ordinance of the City of South Bend as hereinafter requested, and in support of this application, the following facts are shown: 1. The property sought to be rezoned is located at the Southeast corner of Chapin Street and West Washington Street in the City of South Bend, Indiana, and is commonly known as 744 West Washington Street. 2. The property is owned by Nemeth Memorial Funeral Home, Peter F. Nemeth and Margaret K. Nemeth. 3. A legal description of the property is as follows: A part of Bank Out Lot Number 39 as shown on the 1st Plat of Out Lots of the Town; now City of South Bend, platted by the State Bank of Indiana. Beginning at a point, which is the North West corner of said Bank Out Lot No. 39; thence in an REGULAR MEETING FEBRUARY 12 1973 REGULAR MEETING - RECONVENED (CONTINUED) Easterly direction, along the North line of said Out Lot, a distance of 92.84 feet, more or less, to a point; thence South at a right angle, perpendicular to the North line and parallel with the Western line.of said Out Lot, a distance of 145 feet, more or less, to a point; thence in a Westerly direction, parallel with the Northern line of said Out Lot, a distance of 92.84 feet, more or less to a point in the Western line of said Out Lot; thence in a Northerly direction, along the Western line of said Out Lot, a distance of 145 feet to the point of beginning, EXCEPTING THEREFROM the following described real estate: Part of the North 145.0 feet of the West 92.84 feet of Bank Out Lot Thirty -nine (39) described as follows: Beginning on the West line of Bank Out Lot 39, 126.52 feet South of Northwest corner of Bank Out Lot 39, thence North 126.52 feet along said West line to said Northwest corner of Bank Out Lot 39; thence East 11.82 feet along the North line,of said Out Lot; thence Southwesterly 127.27 feet along an arc to the left having a radius of 683.20 feet and subtended by a long chord having a length of.127.04 feet to the point of beginning, containing 497 square feet, more or less. ALSO, a part of Bank Out Lot Numbered Thirty -nine (39) of the First Plat of Out Lots of the Town, now City of South Bend, platted by the State Bank of Indiana, which part is bounded by a line running as follows, viz: Beginning at the North East corner of said Bank Out Lot Numbered 39, thence running West on the North line thereof, a distance of 55 feet; thence South 188 feet; thence East 55 feet; thence North on the East line of said Bank Out Lot, 188 feet to the place of beginning. ALSO, a part of Bank Out Lot Numbered 39 of the First Plat of Out Lots of the Town, now City of South Bend, platted by the State Bank of Indiana, bounded by a line running as follows, viz: Beginning on the.East line.of Chapin Street in said City, 200 feet South of the North West corner of said Bank Out Lot Numbered 39, thence running South on the East line of Chapin Street a distance of 3.68 feet to a point 92 feet North of the South West corner of said Bank Out Lot Numbered 39, thence East on a line parallel with the South line of said Bank Out Lot a distance of 97.84 feet; thence North 3.68 feet; thence West 5 feet; thence North 55 feet; thence West 92.84 feet to a point on the East line of said Chapin Street, 55 feet North of the place of beginning; thence South on said East line 55 feet to the place of beginning. ALSO, beginning at a point 32 feet North of the South East corner of said Bank Out Lot Numbered 39, thence running . North on the East line of said Bank Out Lot a distance of 75.68 feet to the South East corner of a tract heretofore conveyed to Willard W. Ridenour and Grace W. Ridenour, husband and wife, by Warranty Deed dated June 15th, 1926, recorded in Deed Record 197, page.644, in the office of the Recorder of St. Joseph County, Indiana, said point being 188 feet South of the North East corner of said Bank Out Lot Numbered 39; thence West 55 feet to the South West corner of said Ridenour tract; thence South 12 feet; thence East 5 feet; thence South 63.68 feet to a point 32 feet North of the South line of said Bank Out Lot Numbered 39; thence East 50 feet to the place of beginning. 4. It is desired and requested that the foregoing property be re- zoned: From "B" Residential Use and "B °Height and Area District To "C" Commercial Use and "D" Height and Area District. 5. It is proposed that the property will be put to the following use and the following building(s) will be constructed (include number of dwelling units if residential): A Modern Award Type Service Station consisting of three (3) pump islands covered by a canopy and necessary appurtenances will be constructed on the property to replace the present antiquated existing structure. 6. Number of off street parking spaces to be provided: Five (5) spaces. 7. Attached is a copy of (a) an existing plot plan showing my property and other surrounding properties; (b) names and addresses of all the individuals, firms or corporations owning property within 300 feet of the property sought to be rezoned; (c) site development plan. ATLANTIC RICHFIELD COMPANY By s/ George P. Roberts Petition Prepared by: 811 JMS Building George P. Roberts South Bend, Indiana 46601 REGULAR MEETING FEBRUARY 12, 1973 REGULAR MEETING - RECONVENED (CONTINUED) Council President Nemeth indicated that, since an ordinance on this particular zoning amendment was coming up for first reading, he wanted to delay action on the petition and take it up with the ordinance. REPORT OF THE COMMITTEE ON ORDINANCES To the Common Council of the City of South Bend: Your Committee on Ordinances to whom was referred an Ordinance amending the Municipal Code of the City of South Bend to require that employees be residents of the City of South Bend, respectfully report that they have prepared a resolution reflecting the intent of the ordinance and recommend that the resolution go to the Council as favorable. Peter J. Nemeth Chairman Councilman Newburn made a motion to accept the report as read, seconded by Councilman Taylor. The motion carried. REPORT OF THE AREA PLAN COMMISSION (4004 SOUTH MICHIGAN STREET) The Honorable Common Council of The City of South Bend 4th Floor, County -City Building South Bend, Indiana 46601 In Re: A proposed ordinance and site development of Loyal and Trois Wilson by Jack Dunfee, Jr. to zone from "A" Residential, "A" Height and Area, to "B" Residential, "A" Height and Area, property located at 4004 South Michigan Street, City of South Bend. Gentlemen: The attached ordinance was legally advertised for public hearing January 16, 1973. It was given public hearing at that time, and the following action was taken: "Robert Lehman moved that since the Plan Commission finds this use to be consistent with the Comprehensive Plan it be favorably recommended to the Common Council, seconded by Ted F. Sharp and unanimously carried. The petition of Loyal and Trois Wilson to zone from "A" Residential to "B" Residential, property located at 4004 South Michigan is favorably recommended to the Common Council of the City of South Bend by the Area Plan Commission." The deliberations of the Area Plan Commission and matters con- sidered in arriving at the above decision are shown in excerpts of the minutes of that hearing and will be forwarded to you at a later date to be made a part of this report. Very truly yours, s/ Howard Bellinger HB:lari Executive Director cc: Jack C. Dunfee, Jr., Attorney Councilman Miller made a motion that the ordinance referred to in the report be set for public hearing and second reading on February 26, 1973, seconded by Councilman Newburn. The motion carried. ORDINANCES, SECOND READING ORDINANCE NO. 5483 -73 AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 40, MUNICIPAL CODE) - WEST SIDE OF MIAMI, SOUTH OF IRELAND ROAD. This ordinance had second reading. Councilman Miller made a motion that the ordinance pass, seconded by Councilman Taylor. The ordinance passed by a roll call vote of eight ayes (Councilmen Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth), and one absent (Councilman Serge). ORDINANCE NO. 5484 -73 AN ORDINANCE AMENDING CHAPTER 2, ADMINISTRATION, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND. This ordinance had second reading. Councilman Taylor made a motion that the ordinance pass, seconded by Councilman Kopczynski. The ordinance passed by a roll call vote of eight ayes (Councilmen Szymkowiak; Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth), and one absent (Councilman Serge). ORDINANCE NO. 5485 -73 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 second reading.' Councilman Szymkowiak made a motion that the ordinance pass, REGULAR MEETING FEBRUARY 12, 1971 IIREGULAR MEETING — RECONVENED (CONTINUED) seconded by Szymkowiak, (Councilman Councilman Parent. The ordinance passed by a roll call vote of eight ayes (Councilmen Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth), and one absent Serge) . IIORDINANCE NO. 5486 -73 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 second reading. Councilman Parent made a motion that the seconded by Councilman Kopczynski. The ordinance passed by a roll call vote (Councilmen Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn absent (Councilman Serge). II 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. ordinance pass, of eight ayes and Nemeth), and one This ordinance had second reading. Councilman Parent made a motion that the ordinance be con- tinued to February 26, 1973, seconded by Councilman Taylor. The motion carried. RESOLUTIONS RESOLUTION NO. 349 -73 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, IN THE MATTER OF EDMUND J. LUTHER BEVERAGES, INC., OF SOUTH BEND, INDIANA. WHEREAS, Edmund J. Luther Beverages, Inc., has submitted its intention to the Economic Development Commission of South Bend, to construct an addition adjacent to existing facilities located at 112 North Niles Avenue, South Bend, Indiana. 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 Edmund J. Luther Beverages, Inc., and WHEREAS, Edmund J. Luther Beverages, Inc., has submitted a statement of public service to the above Economic Development Commission of the City of South Bend, and said Commission has forwarded this statement of public service with their approval and comments to the South Bend School Corporation, a copy of which is attached, and WHEREAS, the affirmative response and analysis of the South Bend School Corporation has been received as presented to the Clerk of the City of South Bend, and attached, and WHEREAS, the statement of public service by Edmund J. Luther Beverages, Inc., and the Economic Development Commission of the City of South Bend have been submitted for approval and comments to the Area Plan Commission of St. Joseph County and the affirmative action and comments of the Area Plan Commission have been received by the Clerk of the City of South Bend, as attached, and WHEREAS, the requirements of the application as described in the "Municipal Economic 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 costs of the land and con- struction, 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, Edmund J. Luther Beverages, Inc., seeks approximately $100,000.00 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 of not to exceed 15 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 Edmund J. Luther Beverages, Inc., indicates its intention to pay all expenses of the operation, maintenance, insurance, property taxes, whatever of the facility. THEREFORE, be it resolved by the Common Council of the City of South Bend, Indiana, that the resolution and findings of the Economic Development Commission pertaining to this project be approved and incorporated in this resolution, and THEREFORE, be it resolved by the Common Council of the City of South Bend, Indiana, that the statement of public service on the part of the Economic Development Commission, of the Area Plan Commission and of the South Bend School Corporation be accepted and approved, and THEREFORE, be it resolved that the South Bend Common Council authorize the Economic Development Commission of the City of South Bend to proceed to make preliminary agreements with the proposed lessee, Edmund J. Luther Beverages, Inc., in the nature of a conditional commitment to enter into a lease with Edmund J. Luther Beverages, Inc., and REGULAR MEETING FEBRUARY 12 1973 REGULAR MEETING - RECONVENED (CONTINUED) 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 Bernd Common Council 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 proposed addition to the facility of Edmund J. Luther Beverages, Inc., at 112 North Niles Avenue, 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 addition are none and the expenses there- fore are none. (2) The total project cost of the proposed facilities will be approximately $75,000.00. (3) The number of jobs to be created by the proposed facility would be approximately 10 and the estimated annual payroll would increase from approximately $102,718.00 to $112,000.00. This is an established business in our community for the past 39 years. This land is properly zoned and the construction of the additional facility to the existing plant will be in conformity to the area and will provide an increase in the tax base. A firm commitment letter to purchase the bonds has been received by the Commission from a local institution. A RESOLUTION SETTING FORTH THE NEED FOR ECONOMIC DEVELOPMENT Resolution No. 23 -72 WHEREAS: The City of South Bend is still experiencing a high unemployment situation, and WHEREAS: By virtue of the need for additional industrial and economic development, and NOW, THEREFORE, BE IT RESOLVED by the Economic Development Commission that because of insufficient employment opportunities and insufficient diversification of industry, the economic welfare of the city would be benefited by approving the application of Edmund J. Luther Beverages, Inc., for a proposed addition to the facility at 112 North Niles Avenue, South Bend, Indiana. THIS RESOLUTION ADOPTED BY THE ECONOMIC DEVELOPMENT COMMISSION OF THE CIVIL CITY OF SOUTH BEND, INDIANA, THIS 20th DAY OF OCTOBER, 1972. Mr. Frank Miles, President Area Plan Commission County -City Building South Bend, Indiana Dear Mr. Miles: s/ Karl G. King, Jr. President - Karl G. King, Jr. s/ Fred Craven Vice President - Fred Craven s/ Walter Mucha Secretary - Walter Mucha October 23, 1972 Pursuant to the Economic Development Act of 1965 as amended, I am enclosing a copy of the report of the City of South Bend's Economic Development Commission making certain estimates pertaining to the application of Edmund J. Luther Beverages, Inc. of South Bend. 230 REGULAR MEETING FEBRUARY 12 1973 11 REGULAR MEETING - RECONVENED (CONTINUED) I would appreciate your immediate attention and indication of your approval. Sincerely, s/ Karl G. King, Jr., President KGKJr. /nt Economic Development Commission cc: Mayor Jerry J. Miller, City of South Bend Mr. Peter Nemeth, President, South Bend City Council Mr. Charles Sweeney, South Bend City Attorney Mr. Kenneth Fedder, Economic Development Commission Attorney Mr. Lawrence C. Luther, President, Edmund J. Luther Beverages, Inc. November 3, 1972 Karl G. King, Jr., President Economic Development Commission c/o Office Engineers, Inc. 117 North Michigan Street South Bend, Indiana 46601 In Re: 112 North Niles Avenue Edmund J. Luther Beverages, Inc. Dear Mr. King: The Area Plan Commission Staff has reviewed the application of Edmund J. Luther Beverages, Inc. of South Bend, Indiana, and finds the area in question zoned "D" Light Industrial. The existing zoning permits the proposed use subject to local codes and ordinances. The long range planning for this area envisions a future change in this general area to high density residential uses and complimentary business - office uses. HB:lad Mr. Aaron H. Huguenard, President Board of School Trustees South Bend Community School Corporation 635 South Main Street South Bend, Indiana Dear Mr. Huguenard: Very truly yours, s/ Howard Bellinger Executive Director October 23, 1972 Pursuant to the Municipal Economic Development Act of 1965 amended, I am enclosing a copy of the report of the City of South Bend's Economic Development Commission making certain estimates pertaining to the application of Edmund J. Luther Beverages, Inc. of South Bend. I would appreciate your immediate attention and indication of your approval. Sincerely, s/ Karl G. King, Jr., President KGKJr. /nt Economic Development Commission cc: Mayor Jerry J. Miller, City of South Bend Mr. Peter Nemeth, President, South Bend City Council Mr. Charles Sweeney, South Bend City Attorney Mr. Kenneth Fedder, Economic Development Commission Attorney Mr. Lawrence C. Luther, President, Edmund J. Luther Beverages, Inc. November 6, 1972 Mr. Karl King, President Economic Development Commission of South Bend County -City Building South Bend, Indiana Dear Mr. King: The Board of School Trustees for the South Bend Community School Corporation endorses wholeheartedly the application of Edmund J. Luther Beverages, Inc., to construct an addition to their facility at 112 North Niles Avenue, South Bend, Indiana. 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. AHH /mm Sincerely, s/ Aaron H. Huguenard, President Board of School Trustees REGULAR EETING FEBRUARY 12; 1973 IREGULAR MEETING - RECONVENED (CONTINUED) A public hearing was held on the resolution at this time. Mr. Kenneth Fedder, Attorney for the Economic Development Commission, introduced Mr. Edward Hardig, Attorney for Luther Beverages. Mr. Hardig explained that Luther Beverages is located between Niles and Hill Street on the East side of the St. Joe River. He went on to say that this was its 40th year in business and originally, it had started out as a dairy farm. Now the business deals with beer and it is expanding quite rapidly. He mentioned that the Luther family owns adjoining parcels of land. The area in questioi is zoned for additional warehousing, and Mr. Hardig has obtained a building permit. He indicated that Luther Beverages was applying for these bonds because it is a definite need for the company. Mr. Darrell Corbett, 614 Angela Boulevard, representing the McCollough Construction Company, indicated that the proposed building after construction would be about 12,000 square feet. He presented a drawing of the proposed building. Councilman Miller asked about the alley, and Mr. Corbett answered that they would not be going into the alley. He also mentioned that the warehouse would be a steel building. Councilman Miller brought up the fact that this would not comply with the comprehensive plan for use in the future, and Mr. Corbett indicated that the area was properly zoned for the warehouse. He indicated that, across the river there is a warehouse facility, and he mentioned that the Luther investment would be about $100,000.00. Councilman Parent made a motion that the resolution be adopted, seconded by Councilman Szymkowiak. Councilman Kopczynski asked if Mr. Hardig felt that people should determine the use of the land. Mr. Hardig indicated that each particular situation must be looked into. He mentioned that Luther Beverages does have vested rights in the community, and now they have to expand. He felt the Council should try to keep the firm in South Bend. Councilman Miller felt this was admirable, however, he indicated that his concern was for the best use of the land. He mentioned that, at some future date, it might be determined that the area should be used for a different purpose and possibly the plan would have to be re- evaluated. The resolution passed by a roll call vote of eight ayes (Councilmen Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth) and one absent (Councilman Serge). RESOLUTION NO. 350 -73 A RESOLUTION OF THE COMMON COUNCIL OF THE VETOED BY THE MAYOR ON CITY OF SOUTH BEND, INDIANA, REGARDING FEBRUARY 21, 1973 RESIDENCY OF CITY EMPLOYEES. WHEREAS, the South Bend Common Council is desirous of obtaining quality employees for the City of South Bend, and WHEREAS, the South Bend Common Council is also desirous that city employees be city residents, NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, as follows: Section 1. That the Mayor of the City of South Bend should give preference, where possible, and without sacrificing quality, to city residents when making appoint- ments to all offices and positions of employment in the City of South Bend. Section 2. A notice of any job openings within the city shall be published in the local newspaper, and this notice shall include the job qualifications and salary of the position to be filled. Section 3. This resolution shall be in full force and effect from and after its adoption by the Common Council of the City of South Bend, and approval by the Mayor. Adopted February 12, 1973, as amended. s/ Peter J. Nemeth Member of the South Bend Common Council A public hearing was held on the resolution at this time. Councilman Newburn proposed two amend- ments to the resolution as follows: Section 2 to be renumbered as Section 3, and Section 2 to then read: A notice of any job openings within the city shall be published in the local news- paper, and this notice shall include the job qualifications and salary of the position to be fill Councilman Newburn made a motion to amend the resolution as set forth above, seconded by Councilman Kopczynski. Councilman Miller asked about the cost of advertising these positions. Councilman Kopczynski indicated that advertising would be free if the city went through the state employment agency. Councilman Newburn made a motion that the resolution, as amended, be adopted, seconded by Councilman Kopczynski. The resolution passed by a roll call vote of eight ayes (Councilmen Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth), and one absent (Councilman Serge). Councilman Parent then made a motion to strike the previous ordinance on the residency of city employees, seconded by Councilman Taylor. The motion carried. RESOLUTION NO. 351 -73 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CONGRATULATING DR. CHARLES BIONDO, JOHN LAI AND GREGORY STRYCHALSKI. WHEREAS, the Common Council of the City of South Bend is desirous of recognizing and commending heroic deeds on the part of citizens of the City of South Bend, and WHEREAS, Dr. Charles Biondo, John Lai and Gregory Strychalski exhibited exemplary courage and charity for their fellow man during rescue operations at Pinhook Park Lagoon on February 4, 1973, and WHEREAS, the Common Council believes that special praise should be given to Dr. Charles Biondo, John Lai and Gregory Strychalski for their individual acts of charity, valor and selflessness at Pinhook Park Lagoon on February 4, 1973. NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, as follows: REGULAR MEETING - RECONVENED (CONTINUED) Section 1. That the Common Council, on behalf of the people of the City of South Bend, extends its congratulations and appreciation to Dr. Charles Biondo, John Lai and Gregory Strychalski for their willingness to extend a helping hand to their fellow man with selfless unconcern for the danger and risk to their own welfare during rescue operations at Pinhook Park Lagoon on February 4, 1973. Section 2. This resolution shall be in full force and effect from and after its adoption by the Common Council of the City of South Bend and approval by the Mayor. s/ Peter J. Nemeth President of the Common Council A public hearing was held on the resolution at this time. Councilman Newburn read the resolution and made the presentation for same. He indicated that he felt the conduct of these men was a very commendable thing. Councilman Parent made a motion that the resolution be adopted, seconded by Councilman Kopczynski. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, indicated that the men had done a very fine thing, and she thought the resolution of the Common Council was very fitting and appropriate. Mr. Charles Lennon, Executive Director of the Department of Redevelopment, asked if these men would be notified of the Council's action, and Council President Nemeth indicated that a copy of the adopted resolution would be sent to each man. The resolution passed by a roll call vote of eight ayes (Councilmen Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth), and one absent (Councilman Serge). ORDINANCES, FIRST READING ORDINANCE AN ORDINANCE AFFECTING A TRACT OF LAND LOCATED AT THE SOUTHEAST CORNER OF WEST WASHINGTON STREET AND CHAPIN STREET IN THE CITY OF SOUTH BEND, INDIANA (744 WEST WASHINGTON STREET). Councilman Taylor made a motion that the petition and ordinance be referred to the Area Plan Commission, seconded by Councilman Parent. The motion carried. Council President Nemeth abstained. UNFINISHED BUSINESS Mr. James Barcome, City Controller, questioned the advertising of the city positions in relation to the resolution adopted pertaining to the city residency requirement. He asked where the money would come from and indicated that there was no additional appropriation in the Legal Fund to cover the cost of this advertising. He asked if advertising would be necessary on every job opening. It was again indicated that there would be no cost for advertising if done through the state employment agency. There being no further business, unfinished or new, to come before the Council, Councilman Parent made a motion to adjourn, seconded by Councilman Newburn. The motion carried, and the meeting adjourned at 10:43 p.m. ATTEST: CITY CLERK APPROVED: +++++++++++++++++++++++++++++ + + + + + + + + + + + + + + + + + + +-..........+ ++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++