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HomeMy WebLinkAbout03-12-73 Council Meeting Minutes++++++++++++++++++++++++++++++++++++++++++++++.+++++++++++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++ REGULAR MEETING MARCH 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, March 12, 1973, at 8:06 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 Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth. ABSENT: None. Council President Nemeth welcomed and recognized the Chief of Police, Robert Urban. Councilman Taylor made a motion to resolve into the Committee of the Whole, seconded by Councilman Kopczynski. 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, March 12, 1973, at 8:07 p.m., with nine members present. Chairman Odell Newburn presided. ORDINANCE AN ORDINANCE TO APPROPRIATE $251,500.00 FROM THE LOCAL ROAD AND STREET FUND, AND $187,500.00 FROM THE TOPICS PROGRAM FUND FOR PROJECT R & S 57 - McKINLEY HIGHWAY, LOGAN STREET AND HICKORY ROAD INTERSECTION PROJECT. 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 J. Richardson, Director of the Department of Public Works, made the presentation for the ordinance. He explained that Project R & S 57 is also a Topics Program and is the companion project to the project that Mishawaka is attempting to complete where U.S. 20 is turned into a five -lane facility. He mentioned that this project has been on the board since 1971, and that there previously had been a problem with right - of -way, but this problem has now been settled. He also indicated that final plans and specifica- tions have been turned over to the state and that hopefully the project will be bid in April. He mentioned that this amount was 50% of the actual cost of construction, and the difference between the two figures is for the difference of right -of -way and additional engineering costs. REGULAR MEETING MARCH 12, 1973 COMMITTEE OF THE WHOLE MEETING (CONTINUED) Councilman Miller asked about the design of the entrance of Bercliff Estates, and Mr. Richardson answered by indicating that McKinley will have new curb and gutter and he assumed that there would be curb and gutter returns to the entrance and a new paved approach. Councilman Miller asked if there would be signals at that location, and Mr. Richardson indicated there would not be. Councilman Kopczynski indicated that, previously, there had been discussion on the Ironwood sewers, at which time the Council had requested that a sketch plan be submitted whenever this type of appropriation is needed. Mr. Richardson indicated that he had sent an explanation to the Council regarding this appropriation. He also indicated that the Federal Highway Commission advertised for a public hearing. He mentioned that he could furnish the Council with the set of plans if needed; however, they contained at least 50 sheets. Councilman Kopczynski asked if Mr. Richardson had just a preliminary plan, and Mr. Richardson indicated that he did not and that everything he had was in final form and quite lengthy. Councilman Kopczynski felt the Council should be furnished with a sketch plan in order to know what is going to be done on this project. Mr. Richardson indicated that it would be possible for him, in the future, to bring the plans with him to the Council meetings when requesting appropriations of this type. Councilman Kopczynski asked when the project would be completed, and Mr. Richardson answered by indicating that construc tion would start sometime in May and most of the work would be completed before winter; however, there would be some work yet to be done in the spring of 1974 when completion of the project was anticipated. Councilman Kopczynski asked if there were enough firms in the South Bend area to take care of the bidding on all of the projects the city was going to let. Mr. Richardson indicated that he could not answer that question and stated that the city does advertise for these projects in many different publications. Councilman Kopczynski asked if it would be possible for the city to undertake too many projects at one time, and Mr. Richardson indicated that completion dates are set and complied with and taken into consideration is the work loan of the industries, acquisition of right -of -way, etc. Councilman Kopczynski asked if there was a penalty for late completion, and Mr. Richardson indicated that there was not; however, a liquidated damages clause is used where the contractor is required to pay a certain amount per day for every day work is done on the particular project after the completion date. Councilman Kopczynski asked if the city was on schedule for the overall picture of the projects, and Mr. Richardson indicated that it was. Councilman Taylor mentioned that the Council had received a letter of explanation from Mr. Richardson on his request for this appropriation, and he also indicated that he would like to come to Mr. Richardson's defense. He felt that Mr. Richardson has done a good job of letting the Council know what he is proposing. Councilman Parent made a motion that the ordinance go to the Council as favorable, seconded by Councilman Szymkowiak. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $750,138.00 FROM THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC WORKS PROGRAMS, TO BE ADMIN- ISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC WORKS. (AS AMENDED) This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mayor Jerry J. Miller made the presentation for the ordinance. He proposed certain cuts to the ordinance. In Program FA5 "Motor Vehicle Highway Motor Equipment ", he requested that the street paver equipment be cut by $3,118 and the slurry seal distributors by $25,000. He further requested that, in Program FA9 "Merry Avenue Land Acquisition ", the entire amount of $25,000 be deleted. He mentioned that some people might think quite a bit of money is going into Public Works projects; however, he felt that these projects were a very important factor as they involve the safety of motorists and pedestrians on the streets, alleys and the entire community. He mentioned that the money targeted last December was also included in this budget. He indicated that these programs will have to be complied with as far as national safety records are concerned. He also indicated that these would be asked for in the 1974 budget; therefore, if revenue sharing can be used, it would help as far as the taxes are concerned. He briefly spoke about the street equipment, indicating that much of the equipment is very old and some of the machinery is not even in operating condition. He hoped that at least eight or nine street sweepers would be in working condition at one time rather than just four as has happened in the past. He felt that the Solid Waste Department budget was self- explanatory, and he mentioned that copies were furnished the Council. He indicated that Program FA7 "Madison Street Bridge" was for land acquisition on that bridge. He concluded by indicating that $394,502 is left in reserve for future Public Works programs, and he expressed hope that the Council would act favorably on this request. Mr. William J. Richardson, Director of the Department of Public Works, spoke briefly on the pro- posed amendments to the Bureau of Solid Waste budget. He mentioned that there was to be a re- classification of a job title because of the union contract with the Teamsters. He then itemized the amendments as follows: Under item 4, in Services Personal, drivers were being re- classified as solid waste men with a total of 17 of these men at $150 per week. This would eliminate item 5, 11 helpers at $140 per week. He also indicated that item 6 would be deleted and a new item 5 would be 17 holidays at $30 times 9 remaining for the year. He indicated that the new sub -total would then read $120,183. Further, that item 8 would be decreased to $1,510; however, the total of Services Personal would remain at $121,693. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, indicated that she had a few questions to ask regarding this revenue sharing package, and she further indicated that the Civic Planning Association was hoping that more time would be taken to study the requests for appropriations because it was such an important matter. She referred to Program FA4 "Municipal Services Personnel" and asked if the figure of $5,000 was for a new manager. Mr. Richardson indicated that, at present, there is a building engineer on an hourly basis and that it was hoped that this man could be put on a salaried basis and increase his annual salary by $5,000. He mentioned that this amount would also include fringe benefits. Miss Guthrie asked if the full $5,000 was needed for the year, and Mr. Richardson indicated that it could be prorated at 75% for the remaining nine months. Miss Guthrie felt this should be done. In relation to Program FA5 "Motor Vehicle Highway Motor Equipment ", she commented that the association was pleased that additional money was going into the operation of the vehicles. In relation to Program FA6 "Summer Clean -up Program ", she felt it was not such an emergency at this time. In relation to Program FA8 "Street Lighting ", she asked if the $25,000 in that account was to restore what was previously cut from the budget. She felt this should also be considered as a safety factor because of the high REGULAR MEETING MARCH 12, 1973 COMMITTEE OF THE WHOLE MEETING (CONTINUED) crime rate. In relation to the Solid Waste budget, she asked if it was necessary to add an engineer, and Mr. Richardson indicated that there is going to be a great deal of additional work in that department because of the new trash pick -up program. This additional engineering would be needed through route selections and general engineering in getting the department going. He mentioned that each of the other utilities do reimburse the city. He also indicated that Mr. David Wells would be the engineer assigned to the Department of,Solid Waste as he had a good deal of experience in this matter and has worked with computers. He mentioned that, because of the additional work load, the additional salary was requested. He indicated that money has been set up for computer costs, and that Atlanta, Georgia, and Nashville, Tennessee, had been contacted regarding their trash pick -up programs. He concluded that the new program was a very complicated one and Mr. Wells was very well qualified to assume the job. Miss Guthrie asked about the respons to the survey, and Mr. Richardson indicated that the city had received over 21,000 responses. Miss Guthrie stated that some of the funds from the Water Works was to be reimbursed. She under- stood that some of this money was to be reimbursed to the citizens and not revenue sharing. Mr. Richardson indicated that that was the original proposal and that the city was going to take the residue from property taxes and request an appropriation in March for this residue. Last December, the Council and the Administration jointly cut nine months from the Solid Waste budget. He added that the startup money for the nine months was to come from revenue sharing funds. He mentioned that the garbage pickup is funded for three months from the property taxes, and, as of April 1, there would be no more property tax money-in this program because after April 1, it was hoped the money would come from revenue sharing. Miss Guthrie again indicated that she had hoped there would be more time to study this matter as it concerned the largest amount of the revenue sharing money. Mr. Silas West, 222 Laurel Street, indicated that he felt more time could be spent on the revenue sharing proposals. He asked for an explanation of the deletion of $25,000 for the Merry Avenue project and the street lighting project. The Mayor indicated that, previously, the city had received word from the federal government that the Merry Avenue project was going to be cut down; therefore, money was appropriated in revenue sharing. Now the city has been informed that there will be enough money in the Model Cities program to cover this cost. Mr. Richardson indicated that the city was attempting to draw up a master plan for the city for an evaluation of what is needed and in what direction the city is going as far as the street lighting is concerned. He indicated that there is a great amount to be desired and that a new plan should be drawn up so that projections can be made during the next four or five years. He also indicated that he did not know where the street lights would be going. The Mayor mentioned that the practice in the community was first a request by a citizen for a street light. Then the request was examined and it was determined whether or not a street light should be installed. He mentioned that this is a hit - and -miss system. He mentioned that street lights cost up to $7.50 per month on a rental basis He mentioned that the city was trying to design a program to determine how many street lights are in the different brackets because it would be desirable to go into all the neighborhoods on a systematic basis. He also indicated that this would be related to the crime situation. Mr. West indicated that all the projects being talked about were long -range projects, and he hoped that the plans would be started soon because the money was being appropriated at this time. He mentioned that several agencies within the city had submitted proposals to the general revenue sharing and he wondered where these proposals stand. The Mayor indicated that this deals with mor than just Public Works projects and that most of the programs did not have budgets included. He mentioned that all of the social projects that were proposed cannot be funded and also, that some of the projects were county -wide and support of the county will be needed in that regard. Mrs. Frederick Mutzl, President of the St. Joseph County Fair Tax Association, thanked Mr. Richardson for his presentation and explanation regarding the revenue sharing for the Public Works programs. She asked where the money that was cut from the budget would go, and the Mayor indicate( that the money would go back into the revenue sharing fund and would be re- appropriated. Mrs. Mutzl asked how large the crew was to be on the Bureau of Solid Waste. Mr. Richardson indicated that there would be three 3 -man crews, two 2 -man crews, one 2 -man pickup crew and one city paper trash crew consisting of two men. He indicated this would be 14 less men than at present. Mrs. Mutzl asked what would happen to these men, and Mr. Richardson indicated they would be laid off. Mrs. Mutzl asked if the Park, Street or Health Departments were responsible for the summer clean- up program. Mr. Richardson indicated that this is why the program has been set up and it would involve hiring 35 young men at the age of 18 for clean -up work at the riverbanks, etc. Mrs. Mutzl asked about the storage of the motor vehicle equipment, and Mr. Richardson indicated that it would be stored at Municipal Services Facility for summer use and that most of the equipment would be seasonal. He further indicated that the dump trucks were deleted and the surplus packer trucks would be used in place of them for this program. Mrs. Mutzl indicated that several women from the Fair Tax Association took a tour recently through the Municipal Services Facility and were amazed at the amount of repair work that needs to be done on such a new building. She asked if the amount proposed would take care of the doors at the back of the garage. Mr. Richardson indicated that $8,000 would be available for repair and replacement of the overhead doors and he indicated that this problem is mainly in the paint shop. Mr. Elliott Harris, 1146 Napier Street, recognized the fact that the Mayor can made additions or deletions to any project; however, he indicated that he understood the deletion of $25,000 on the Merry Avenue project to be a last- minute decision. He briefly spoke on the funding for the pro- ject and indicated that the funds would not be received until August and the project would not get off the ground. He hoped that this money would be put back into the budget so that the project could be completed. He asked if the Mayor had given any consideration to that. Mr. James Roemer,l City Attorney, indicated that the property is owned by the South Shore Railroad. He mentioned that the city has a 45 -day option on the property and the right to extend the option if necessary.' He felt the railroad would give the city this time. He indicated that there is re- programmed funding available in the Model Cities budget and the city can move forward with the purchase of this property. Mr. Harris agreed with this; however, he indicated that he had been lead to believ( that the $25,000 coming out of revenue sharing had been suggested for other purposes. He indicate( that now, Model Cities would have to re- adjust as far as the $25,000 was concerned, and he indicated that they must also follow a procedure. He admitted that he had not been aware of the 45 -day time period mentioned by City Attorney Roemer. He mentioned that the Mayor had stated that this money would be put back into revenue sharing and he wondered if the $25,000 had already been allocated somewhere else. Mr. Charles Lennon, Executive Director of the Department of Redevelopment, indicated that there has been nothing added to the Public Works budget. He also mentioned that the law reads that any money that is not appropriated must go back into the revenue sharing account, and he further indicated that nothing has changed in the Merry Avenue project. REGULAR MEETING MARCH 12 1973 COMMITTEE OF THE WHOLE MEETING (CONTINUED) He indicated that the option Mr. Roemer had mentioned is standard in the legal business. He also indicated that 83% of the funds for Model Cities is assured and the priorities that the Model Neighborhood Planning Agency establish come to the Mayor's office with recommendations. He mentioned that, until the Model Neighborhood Planning Agency establishes its priorities, the money will be held back. Mr. Harris indicated that he was aware of the re- programming, and he felt that perhaps this procedure should have been suggested previously. He concluded by saying that he hoped that, just because a particular program may have received more funding than was anticipated, the city would still live up to its obligations. The Mayor indicated that, if this had been known previously, the $25,000 would never have been appropriated in the first place, and he further indicated that the city was trying to prevent a cutback. Mr. Lennon felt everyone was missing the point, and he indicated that, when the negotiations began, it was before this was even placed in the revenue sharing budget. Mr. Don Findley, Housing Coordinator for the Housing Authority, 610 South Brookfield, asked what had happened to the young people and the southeast part of the city as far as recreation and ball parks. He mentioned that the city has eight acres for parks and he felt these kids should become active in recreation because it would give them something to do rather than going around and doing vandalism. Chairman Newburn indicated that the revenue sharing for the Department of Public Parks would be coming up at a later date. Mr. Findley asked if he should prepare a presentation to the Council at that time and use dollar and cent figures. Chairman Newburn indicated to Mr. Findley that such figures would make his presentation that much stronger. Miss Anna Pappas, 512 West Madison Street, indicated that she had a few questions on the Madison Street Bridge project. She indicated that there is $110,000 for land acquisition and $90,000 for engineering designs in that budget and she wondered what was meant by land acquisition. Mr. Richardson indicated that the preliminary plan shows that the post office garage would be the firs parcel of land to be acquired. He also mentioned a heating and ventilating firm that would be in the way, and he indicated that, on the west side of the river, there was a possibility that the realtor company and the McDonald's Drive -In might have to be acquired. Miss Pappas asked if this $110,000 would cover this acquisition, and she indicated that the reason she was posing these questions was because she owned property on Madison Street which might possibly be affected by this bridge construction. Mr. Richardson indicated that neither the Associate Realty or McDonalds would be put out of business, and this money is basically for acquisition on the east side of the river. Miss Pappas asked if this bridge would be at Madison Street and she indicated that she had been told by the Area Plan Commission that they could not definitely tell her it would be the Madison Street Bridge. Mr. Richardson indicated that it would definitely be at Madison Street because Marion Street was inconceivable. He further indicated that plans have been made to use Madison Street and the plans had been drawn up by the Engineering Department and not the Area Plan Commission. Miss Pappas asked about the plans for the intersections. Mr. Richardson indicated that there would be a change where Madison intersects with Lincolnway, and he indicated that he would be very happy to take Miss Pappas to his office and show her these plans and answer any questions that she might have regarding the bridge. Miss Pappas mentioned that, at one time previously, she had requested information of the Engineering Department and they were unable to answer her questions. She also asked about consideration given to the traffic going over the bridge from the inner belt and Chapin Street. Mr. Richardson indicated that nothing has been done other than was was highlighted in the transportation study. He mentioned a problem on Williams Street some time ago that Miss Pappas had called to his attention and it had been corrected and her recommendations had been considered. Chairman Newburn asked Miss Pappas if it would be possible for her to visit the Engineering Department and get her questions answered, and Miss Pappas indicated that she could do that but she felt the citizens should also be aware of these matters. She mentioned that a priority was being established that the County Commissioners did not consider a top priority and that the city was asking to spend one million dollars. She felt the matter should be looked at by itself. The Mayor mentioned that the city is entertaining the possibility of South Bend paying the entire cost of the bridge and that there is a possible litiga tion on the priority. He mentioned that the economic development of the entire city must be taken into consideration and the bridge will help everyone in the community. He went on to say that everyone went through the inconvenience when the Colfax Bridge was constructed. He mentioned that this would bring $50,000 of taxes to the city, and it will bring money to the School Corporation and the county. Unemployment was also a factor to consider. Miss Pappas indicated that she was very concerned about the one million dollars, and with the construction of one -way on U.S. 31, she felt the city might be responsible for that upkeep. She mentioned that, at Madison Street, U.S. 2 is again involved, and she wondered if the city would be responsible for that upkeep. Fanny Grunwald, 227 South Frances, informed the Council that the land behind McDonalds does not belong to the franchise. Mr. Robert Hochstetler, 206 Jennings Avenue, questioned the need of the bridge at Madison Street. He felt that if an east -west bridge was needed, the Grand Trunk Railroad bridge should be considered and might possibly be remodelled for that purpose. He felt that if this money could not be saved, a north -south bridge should be considered. Mrs. Janet Allen, 125 West Marion, indicated that she understood that, if the $25,000 was deleted for the Merry Avenue project, the agencies would be in trouble if Model Cities have to re- program. She suggested that, when the Model Cities money comes in, it be put towards the revenue sharing money. Mr. Lennon indicated that perhaps Mr. Hollis Hughes could help clarify this situation. Mr. Hollis Hughes, Executive Director of Model Cities, mentioned that, when the correspondence was received from the Department of Housing and Urban Development, Model Cities moved quickly to take care of the carryover money. After meeting with the agencies within the Model Cities, certain amounts within the budgets were identified. He mentioned that meetings with the agencies have already been conducted and they have re- programmed. This would not put any particular project in danger. Councilman Taylor mentioned that a committee meeting had been conducted with Mr. Richardson, and i had been the feeling of the Public Works Committee of the Council that, at that time, there was to much here to try and settle. He mentioned that there are some items that have to be high priority such as the Bureau of Solid Waste. He indicated that the committee recommended that the Council not act on all of the Public Works revenue sharing budget at this time. He mentioned that there are parts of the budget that, of course, would not be necessarily controversial, but that the committee was very concerned about acting on the whole budget in this short of a time. Councilman Szymkowiak made a motion to recess for 15 to 20 minutes, seconded by Councilman Taylor. The motion carried. Recessed at approximately 9:25 p.m. Reconvened at approximately 9:50 p.m. REGULAR MEETING MARCH 12, 1971 COMMITTEE OF THE WHOLE MEETING (CONTINUED) Council President made a motion to amend the ordinance as follows, seconded by Councilman Parent: On page 2, amend the amount of $100,000.00 in Program FA3 to $55,750.00. On page 2, amend the amount of $5,000.00 in Program FA4 to $3,750.00. On page 2, amend the amounts of $50,000.00 and $45,000.00 in Program FA5 to $46,882.00 and $20,000.00 respectively, with an amended total amount of $146,842.00. On page 2, delete FA6 in its entirety. On page 3, delete FA7 in its entirety. On page 3, delete FA8 in its entirety. On page 3, delete FA9 in its entirety. On page 3, amend FA10 as follows: Services Personal $ 60,565.00 Services Contractual 14,000.00 Current Obligations 7,952.00 Properties 13,000.00, with the other accounts remaining as stated, with an amended total of $100,467.00. Council President Nemeth indicated that the amendments were prompted by the fact that the Council felt additional time was needed to study the budget more closely. A question was raised on the revised total of the appropriation. Mr. Richardson asked the Council President to repeat the amendments. Council President Nemeth complied with his request. The motion carried. Councilman Parent made a motion that the ordinance, as amended, go to the Council as favorable, seconded by Councilman Taylor. 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 Parent. The motion carried. Mr. James Barcome, City Controller, asked about the amendments to the salaries, and the question was raised regarding the Council ordaining the line -by -line explanations, and Council President Nemeth indicated that this matter could be taken up at the second reading of the ordinance. ATTEST: ITY 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 10:00 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 February 26, 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 Parent 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 Taylor made a motion to waive the reading of the report of the Committee of the Whole, seconded by Councilman Kopczynski. The motion carried by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). REPORT FROM AREA PLAN COMMISSION (RANITA, INC. HANS HAUS) March 1, 1973 The Honorable Common Council City of South Bend County -City Building South Bend, Indiana 46601 In Re: A proposed ordinance and site development plan of Ranita, Inc. Hans Haus to zone from "B" Residential to "C" Commercial, property located at 2813, 2817, 2821, 2901 and 2905 South Michigan Street. Gentlemen: The attached rezoning petition of Ranita, Inc. Hans Haus was legally advertised August 5 and August 12, 1972. The Area Plan Commission gave it a public hearing on August 15, 1972, at which time the following action was taken: "A motion made by Ted Sharp that the matter of the petition of Albert and Betty Hans to zone 2813, 17, 21, 2901 and 2905 South Michigan Street be given a favorable recommendation REGULAR MEETING MARCH 12 1 REGULAR MEETING - RECONVENED (CONTINUED) REPORT FROM AREA PLAN COMMISSION (CONTINUED) subject to: Adherance to the 25' setback from U.S. 31; Screening for parking spaces to adjacent residential property; Drainage proposal approved by the City Engineer; and Parking lot entrances approved by the City Engineer." The deliberations of the Area Plan Commission and points considered in arriving at the above decisions are shown in the attached minutes. This matter was not forwarded for your consideration earlier since the petitioner had not complied with the site design requirements. The petitioner has recently made these adjustments, thus con- sideration by the Council is in order. HB /ch attach. cc: Albert and Betty Hans Very truly yours, s/ Howard Bellinger Executive Director Councilman Taylor made a motion that the ordinance referred to in the report be set for public hearing and second reading on March 26, 1973, seconded by Councilman Parent. The motion carried. REPORT FROM JAMES BARCOME, DEPARTMENT OF ADMINISTRATION AND FINANCE Mr. Barcome gave his quarterly report to the Council and, among other things, stated that the Department of Administration and Finance has a dual responsibility for both the fiscal system and the personnel system of the entire city. He stressed the importance of maintaining accurate records in order to fulfill the accountability to the public. He also mentioned that accurate records are also necessary for fiscal efficiency and cost savings in city government in order to determine possible areas of government in which waste or poor use or resources is occurring. He also talked briefly about the responsibility to the taxpayer in seeing that their tax dollar is spent in such a manner that they are getting a dollar's worth of service for each dollary they pay and in seeing that the receiving and disbursement of public funds is in accordance with local, state and federal laws and regulations. He also touched on the second area of responsibility of his department, that being personnel. He indicated that his office has undertaken a program to utilize techniques of planning, organizational re- structuring and electronic data processing. He mentioned that, in the last year, a computerized accounts payable system has been developed for the payment of all city enpenditures, in addition to the payroll requirements which are now completely computerized. He also indicated that his office had instituted a "manning table." He briefly explained the purpose of the "manning table" in that it is a computerized tool that determines the status of each department's present and future personnel needs so that his office can plan placement and development for the number and type of personnel authorized by law. A complete re- structuring of the financial system and organization is presently being studied, and the department has embarked on a planned program of investment of temporarily idle city funds so as to take advantage of earning interest money for the city. He concluded his report by saying that he hoped his department could further develop these modern tools of finance and administra- tion (planning, organizational re- structuring and electronic data processing) so that they can get on with the real and only purpose, the obtaining, administering and reporting of the finances and personnel necessary to run city government. Council President Nemeth thanked Mr. Barcome for his presentation. ORDINANCES, SECOND READING ORDINANCE No. 5489 -73 AN ORDINANCE TO APPROPRIATE $251,500.00 FROM THE LOCAL ROAD AND STREET FUND, AND $187,500.00 FROM THE TOPICS PROGRAM FUND FOR PROJECT R & S 57 - McKINLEY HIGHWAY, LOGAN STREET AND HICKORY ROAD INTERSECTION PROJECT. This ordinance had second reading. Councilman Taylor made a motion that the ordinance 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 ORDINANCE No. 5490 -73 AN ORDINANCE APPROPRIATING $750,138.00 FROM THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC WORKS PROGRAMS, TO BE ADMIN- ISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC WORKS. (AS AMENDED) pass, Nemeth) . This ordinance had second reading. Councilman Kopczynski made a motion that the ordinance pass, as amended, seconded by Councilman Taylor. Mr. James Barcome, City Controller, informed the Council that the ordinance had to be in the form of line items, and Councilman Miller asked what the problem would be. Mr. Richardson, Director of the Department of Public Works, indicated that the city has a so- called "agreement" with the Teamsters Union and the ordinance would have to be amended further. Council President Nemeth suggested that the Council pass over this item and come back to it. Mr. Richardson asked if the money appropriated would take him to the end of June, and Council President Nemeth indicated that there was a little more than that appropriated. He indicated that the feeling of the Council was to see how the first three months in the trash pickup program worked, and he assured Mr. Richardson that, if he needed more money to run the operation, all he had to do was request more and the Council would appropriate it. Councilman Taylor mentioned that the Council had not specified any particular amount of time. Councilman Miller indicated that Mr. Richardson might have to come back for appropriation of utility billing; however, the Council had put in an additional $20,000 to help clean up certain problems immediatel Mr. Barcome again indicated that the items would have to be refigured and put in the form of line items. Councilman Kopczynski then withdrew his motion to amend, and Councilman Taylor withdrew his second. Councilman Taylor then made a motion to suspend the rules and go on to the next item, seconded by Councilman Kopczynski. The motion carried by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). REGULAR MEETING MARCH 12, 1973 REGULAR MEETING - RECONVENED (CONTINUED) RESOLUTIONS RESOLUTION NO. 353 -73 A RESOLUTION AUTHORIZING THE TEMPORARY TRANSFER OF IDLE FUNDS TO THE CORPORATION GENERAL, PARK MAINTENANCE, POLICE PENSION, AND MOTOR VEHICLE HIGHWAY FUNDS OF THE CIVIL CITY OF SOUTH BEND, FROM THE CUMULATIVE SEWER BUILDING AND SINKING, CUMULATIVE CAPITAL IMPROVEMENT, LOCAL ROADS AND STREETS, FIREMEN'S PENSION, AND SEWAGE WORKS CONSTRUCTION FUNDS, ALL FUNDS BEING WITHIN THE CIVIL CITY OF SOUTH BEND, INDIANA. WHEREAS, a necessity Park Maintenance, Police Pen . receipt of taxes in the year of the city, provided for in 1973, which expenses must be and exists to provide funds for the Corporation General, lion and Motor Vehicle Highway Funds, prior to the 1973, in order to meet the current running expenses the budget and appropriations adopted for the year met prior to the receipt of taxes in the year 1973, WHEREAS, there are moneys on deposit to the credit of various funds of the city,to -wit: Cumulative Sewer Building and Sinking, Capital Improvement, Local Roads and Streets, Firemen's Pension and Sewage Works Construction Funds, which can be temporarily advanced or transferred to such Corporation General, Park Maintenance, Police Pension and Motor Vehicle Highway Funds, and WHEREAS, Chapter 71 of the Acts of 1961 of the Indiana General Assembly authorized the Common Council of the Civil City of South Bend, by Resolution adopted by such Council, to advance and transfer to a depleted fund from any other such fund, such amount and for such period of time as may be prescribed in the Resolution. NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana: SECTION I. That the City Controller of the City of South Bend is authorized to transfer an aggregate amount not to exceed $2,250,000.00 to the Corporation General, Park Maintenance, Police Pension and Motor Vehicle Highway Funds of the City of South Bend, from various funds of the city, to -wit: Cumulative Sewer Building and Sinking, Cumulative Capital Improvement, Local Roads and Streets, Firemen's Pension, and Sewage Works Construction Funds. The aggregate amount of $2,250,000.00 to be distributed so as not to exceed the maximum amount set forth below: FROM: MAXIMUM Cumulative Sewer Building and Sinking Fund Cumulative Capital Improvement Fund Local Roads and Streets Fund Firemen's Pension Fund Sewage Works Construction Fund $1,000,000.00 125,000.00 250,000.00 125,000.00 750,000.00 $2,250,000.00 TO: MAXIMUM Corporation General Park Maintenance Fund Police Pension Fund Motor Vehicle Highway Fund $1,250,000.00 500,000.00 250,000.00 250,000.00 $2,250,000.00 SECTION II. Such transfer shall be made for a period not to extend beyond December 31, 1973, and such funds so transferred shall be returned and repaid to the original fund from which it was transferred. s/ Roger 0. Parent Member of Common Council A public hearing was held on the resolution at this time. Mr. James Barcome, City Controller, explained that this request for transfer of idle funds was similar to the request he had made last year in order for him not to have to go to the bank and borrow funds. He indicated that this was only a temporary transfer and any funds used would be reimbursed. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, asked if Mr. Barcome was sure this money was free over and above what he was proposing. She asked how much money was in the Local Roads Account, and Mr. Barcome indicated that the money in the Local Roads Account was revolving and was now invested and that it would be taken out accordingly. Miss Guthrie asked if this money would be paid back before December, and Mr. Barcome answered by saying that he might not have to use the money; however, if some of the money was used, it would have to be put back into the funds before December 31. Miss Guthrie questioned the amount of money in the accounts. Mr. Barcome indicated that the city had a number of projects that were peogrammed, and Mr. William Richardson, Director of the Department of Public Works, indicated that, as far as too much money being in the account, the money will be needed over the next two to three years for the sewer construction. Miss Guthrie asked how much money was committed for the projects, and Council President Nemeth asked if the money had already been appropriated. Mr. Richardson informed the Council that the city has not received spring dis- tribution of taxes as yet. Councilman Miller wondered if the money could be used for other pur- poses even though it was appropriated, and Mr. Barcome indicated that the State Board of Tax Commissioners would have to approve this. Councilman Parent made a motion that the resolution be adopted, seconded by Councilman Councilman Miller asked if the Council could possibly delete one item without affecting jects, and Mr. Barcome indicated that the whole amount was needed. Councilman Newburn the money would be there just in case it was needed. Mr. Barcome indicated that, once bills go out, some people pay immediately. Council President Nemeth asked if it would Szymkowiak. the pro - stated that the tax be possible REGULAR MEETING MLRCH 12; 197, REGULAR MEETING - RECONVENED (CONTINUED) to use some of this money on the Civic Center project. Mr. Richardson indicated that there is money appropriated under Services Contractual and there are matching funds for engineering con- tracts. He also indicated that, at the next meeting, he would be presenting five projects to the Council which would take a great deal out of this account with the remaining funds being used for matching funds. He mentioned that he did not know how much money there would be for the Civic Center proposal. Mr. Barcome indicated that, if the Council wanted him to, he would write the Tax Board to see if this could be done. The resolution passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). RESOLUTION NO. 354 -73 A RESOLUTION ESTABLISHING A NEW ACCOUNT WITHIN THE 1973 BUDGET FOR THE CITY OF SOUTH BEND, FIREMEN "S PENSION FUND ACCOUNT NO. Y530, "AWARDS, REFUNDS, AND INDEMNITIES ", AND TRANSFERRING IN THE AMOUNT OF $4,244.00 FROM ACCOUNT Y532, "PENSIONS TO FIREMEN BECOMING ELIGIBLE DURING THE YEAR ", WITH AMOUNTS BEING PAYABLE WITHIN THE FIREMEN'S PENSION FUND. WHEREAS, certain extraordinary conditions have developed since the adoption of the existing annual budget so that it is now necessary to establish a new account within the Firemen's Pension Fund in order to meet such extraordinary conditions; and WHEREAS, funds are needed for the Firemen's Pension Fund Account No. Y530, "Awards, Refunds and Indemnities ", to assure that office's ability to properly perform its functions; and WHEREAS, a surplus exists in Firemen's Pension Fund Account No. Y532, "Pensions for Firemen Becoming Eligible During the Year ", and this surplus is not presently needed. NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana: SECTION I. That a new Account No. Y530, "Awards, Refunds and Indemnities ", will be established in the Firemen's Pension Fund and that $4,244.00 be transferred from Firemen's Pension Fund Account No. Y532, "Pensions to Firemen Becoming Eligible During the Year ", to this new account. SECTION II. This resolution shall be in full force and effect from and after its passage by the Common Council and its approval by the Mayor. s/ Roger 0. Parent Member of Common Council A public hearing was held on the resolution at this time. Mr. James Barcome, City Controller, explained that this resolution requests the creation of a new account within the Firemen's Pension Fund and the transfer of funds to this account as necessitated by a court action instituted by pensioners against the Firemen's Pension Fund. He further explained that the pensioners were classified as disabled pensioners rather than service pensioners and they instituted a lawsuit against the fund requesting re- classification to the service pension category, a request which was granted by the courts. He concluded that the amount requested in the new category would be to pay the difference between disability and service categories for the time period from the inception of the suit to the final settlement. Council President Nemeth asked who had filed the suit, and Captain Rosanski of the Fire Department, indicated that 11 pensioners had filed. He indicated that there is pending legislation now being proposed to try and eliminate this problem by extending years on the department. Council President Nemeth asked what the lobby was doing on this, and Captain Rosanski indicated that he would notify the Council when he knew and that he would be going to Indianapolis soon to determine the status of this matter. Councilman Newburn made a motion that the resolution be adopted, seconded by Councilman Serge. The resolution passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). RESOLUTION NO. 355 -73 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, IN THE MATTER OF FBT BANCORP, INC., OF SOUTH BEND, INDIANA. WHEREAS, FBT Bancorp, Inc., has submitted its intention to the Economic Development Commission of South Bend to purchase real property and construct two facilities in the Airport Industrial Park -Phase II, in St. Joseph County, 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 FBT Bancorp, Inc., and WHEREAS, FBT Bancorp, 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 FBT Bancorp, 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 REGULAR MEETING MARCH 12, 1973 REGULAR MEETING - RECONVENED (CONTINUED) RESOLUTION NO.-355-73 (CONTINUED) WHEREAS, the requirement 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 construc- tion, 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, FBT Bancorp, Inc., seeks approximately $700,000.00 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 FBT Bancorp, 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 City Common Council authorize the Economic Development Commission of the City of South Bend to proceed to make pre- liminary agreements with the proposed lessee, FBT Bancorp, Inc., in the nature of a conditional commitment to enter into a lease with FBT Bancorp, 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/ Roger 0. Parent Member of Common Council A RESOLUTION SETTING FORTH THE NEED FOR ECONOMIC DEVELOPMENT Resolution No. 6 -73 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 FBT Bancorp, Inc. for proposed facilities in Airport Industrial Park - Phase II in South Bend, Indiana. THIS RESOLUTION ADOPTED BY THE ECONOMIC DEVELOPMENT COMMISSION OF THE CIVIL CITY OF SOUTH BEND, INDIANA, THIS 2nd DAY OF MARCH, 1973. s/ Karl G. King, Jr. President s/ Fred Craven Vice - President s/ Walter Mucha Secretary 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 purchase of real property and the construction of two facilities in Airport Industrial Park -Phase II by FBT Bancorp, Inc. 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 therefore are none. REGULAR MEETING MARCH 12 197 REGULAR MEETING - RECONVENED (CONTINUED) RESOLUTION NO. 355 -73 (CONTINUED) (2) The total project cost of the proposed facilities will be approximately $700,000.00. (3) The number of jobs to be created by the proposed facilities would be approximately 22 with an estimated annual payroll increase of $150,000.00. This firm has been in operation in our community for many years. They had contemplated a move to another city for this facility. The construction of the proposed facilities would be in conformity to the area, will provide an increase in the tax base and would use the local construction industry in the construction of the facilities. A firm commitment to purchase the bonds has been received by the Commission. March 2, 1973 Mr. Aaron H. Huguenard, President Board of School Trustees South Bend Community School Corporation 635 South Main Street South Bend, Indiana Dear Mr. Huguenard: Pursuant to the Municipal 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 FBT Bancorp, Inc., of South Bend. I would appreciate your immediate attention and indication of your approval. Sincerely, s/ Karl G. King, Jr. KGK /nt President cc: Mayor Jerry J. Miller, City of South Bend Peter Nemeth, President, South Bend City Council James A. Roemer, South Bend City Attorney Kenneth Fedder, Economic Development Commission Attorney David C. Bowers, Treasurer, FBT Bancorp, Inc. March 5, 1973 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 wholeheartedly the construction of two facilities in Airport Industrial Park -Phase II by FBT Bancorp, Inc. 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/ Aaron H. Huguenard, President AHH /mm Board of School Trustees March 2, 1973 Mr. Frank Miles, President Area Plan Commission County -City Building South Bend, Indiana Dear Mr. Miles: Pursuant to the Municipal 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 FBT Bancorp, Inc., of South Bend. I would appreciate your immediate attention and indication of your approval. Sincerely, s/ Karl G. King, Jr. KGK /nt President cc: Jerry J. Miller, Mayor, City of South Bend Peter Nemeth, President, South Bend City Council James A. Roemer, South Bend City Attorney Kenneth Fedder, Counsel, Economic Development Commission David C. Bowers, Treasurer, FBT Bancorp, Inc. REGULAR MEETING - RECONVENED (CONTINUED) RESOLUTION NO. 355 -73 (CONTINUED) March 7, 1973 Mr. Karl G. King, President Economic Development Commission c/o Office Engineers, Inc. 117 North Michigan Street South Bend, Indiana 46601 In Re: FBT Bancorp, Inc. of South Bend Airport Industrial Park - Phase II Dear Mr. King: The St. Joseph County Area Plan Commission Staff has reviewed the proposal of FBT Bancorp, Inc. for two facilities in the Airport Industrial Park - Phase II. The proposal is consistent with the present zoning and the Comprehensive Plan for community development. HB:lari Very truly yours, s/ Howard Bellinger Executive Director A public hearing was held on the resolution at this time. Mr. Kenneth Fedder, Attorney for the Economic Development Commission, explained that the applicant is a computer operation presently located in South Bend operating out of leased facilities. He further explained that the applican had given serious consideration to combining its operation with a bank located in Michigan; how- ever, through the efforts of the Council, the Commission hoped they could keep this business in the community. He indicated that the firm is now hiring clerical help in the range of 22 people and there would be additional tax base added by the construction of a new building in the Airport Industrial Park. He concluded that Mr. Dave Bowers was present at the meeting to answer any questions the Council might have. Councilman Taylor made a motion that the resolution be adopted, seconded by Councilman Newburn. The resolution passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopcaynski, Horvath, Newburn and Nemeth). RESOLUTION NO. 356 -73 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, IN THE MATTER OF R. LEE FAGEN OF ROSELAND, INDIANA. WHEREAS, R. Lee Fagen, of Roseland, Indiana, has submitted his intention to the Economic Development Commission of South Bend to construct a building to house service -type enterprises in the town of Roseland, at 201 Dixie Way North, in St. Joseph County, 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 R. Lee Fagen, of Roseland, Indiana, and WHEREAS, R. Lee Fagen of Roseland, Indiana, 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 R. Lee Fagen of Roseland, Indiana, 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 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 con- struction, and the impact on utilities and fire and police facilities of the City of South Bend with the approval 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, R. Lee'Fagen seeks approximately $240,000.00 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, R. Lee Fagen of Roseland, Indiana, indicates his 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 per- taining to this project be approved and incorporated in this resolution, and REGULAR MEETING MARCH 12, 197 1 3 REGULAR MEETING - RECONVENED (CONTINUED) RESOLUTION NO. 356 -73 (CONTINUED) 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 City Common Council authorize the Economic Development Commission of the City of South Bend to proceed to make pre- liminary agreements with the proposed lessee, R. Lee Fagen of Roseland, Indiana, in the nature of a conditional commitment to enter into a lease with R. Lee Fagen of Roseland, Indiana, 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. WHEREAS: s/ Roger 0. Parent Member of Common Council A RESOLUTION SETTING FORTH THE NEED FOR ECONOMIC DEVELOPMENT Resolution No. 3 -73 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 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 county would be benefited by approving the application of R. Lee Fagen for the construction of a facility at 201 Dixie Way North in the town of Roseland. THIS RESOLUTION ADOPTED BY THE ECONOMIC DEVELOPMENT COMMISSION OF THE CIVIL CITY OF SOUTH BEND, INDIANA, THIS 16th DAY OF FEBRUARY, 1973. s/ Karl G. King, Jr. President s/ Fred Craven Vice - President s/ Walter Mucha Secretary 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 construction of a building to house service -type enterprises in the town of Roseland at 201 Dixie Way North. 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 small and the increased tax base to the town of Roseland, Caly Township and St. Joseph County will more than offset any expense. (2) The total project cost of the proposed facility will be $240,000.00. (3) The number of jobs to be created by the proposed facility would be upwards of 70 people. Mr. Fagen has been in business in the town of Roseland for a number of years and is very much interested in contributing his efforts to improving the economic base of that community. February 24, 1973 Mr. Aaron H. Huguenard, President Board of School Trustees South Bend Community School Corporation 635 South Main Street South Bend, Indiana Dear Mr. Huguenard: REGULAR MEETING MARCH 12, 1973 REGULAR MEETING - RECONVENED (CONTINUED) RESOLUTION NO. 356 -73 (CONTINUED) Pursuant to the Municipal 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 R. Lee Fagen of Roseland, Indiana. I would appreciate your immediate attention and indication of your approval. Sincerely, s/ Karl G. King, Jr. KGK /nt President cc: Jerry J. Miller, Mayor, City of South Bend Peter Nemeth, President, South Bend City Council James A. Roemer, South Bend City Attorney Kenneth Fedder, Economic Development Commission Attorney Lloyd M. Allen, Attorney for R. Lee Fagen March 5, 1973 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 wholeheartedly the construction of a building by R. Lee Fagen to house service -type enterprises in the town of Roseland at 201 North Dixie Way. The School Corporation does not consider that this project would cause any major change in school enrollment nor bring any burden upon the present school facilities. Sincerely, s/ Aaron H. Huguenard, President AHH /mm Board of School Trustees February 24, 1973 Mr. Frank Miles, President Area Plan Commission County -City Building South Bend, Indiana Dear Mr. Miles: Pursuant to the Municipal 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 R. Lee Fagen of Roseland, Indiana. I would appreciate your immediate attention and indication of your approval. Sincerely, s/ Karl G. King, Jr. KGK /nt President CC: Jerry J. Miller, Mayor, City of South Bend Peter Nemeth, President, South Bend City Council James A. Roemer, South Bend City Attorney Kenneth Fedder, Economic Development Commission Attorney Lloyd M. Allen, Attorney for R. Lee Fagen March 7, 1973 Mr. Karl G. King, President Economic Development Commission c/o Office Engineers, Inc. 117 North Michigan Street South Bend, Indiana 46601 In Re: Carpet Tile of Roseland 201 Dixie Way North Dear Mr. King: The St. Joseph County Area Plan Commission Staff has reviewed the proposal of R. Lee Fagen (Carpet Tile) for the construction of a building to house service -type enter- prises in the town of Roseland at 201 Dixie Way North. The Staff finds the proposal to be consistent with the present zoning and the Comprehensive Plan for community development. HB:lari Very truly yours, s/ Howard Bellinger Executive Director A public hearing was held on the resolution at this time. Mr. Kenneth Fedder, Attorney for the Economic Development Commission, explained that Mr. Fagen was contemplating a new three -story service -type enterprise building. He indicated that he did not have any actual estimates of the REGULAR MEETING MARCH 12; 19 REGULAR MEETING - RECONVENED (CONTINUED) job because it was to be a new building, and he also indicated that Mr. Fagen had no objection to signing a waiver of annexation. Councilman Newburn asked about the product the firm manufactured, and Mr. Fedder indicated that the firm would be renting out space to manufacturers. Council President Nemeth asked where this building would be located, and Mr. Fedder indicated it would be in the area of 201 Dixie Way North. Councilman Taylor 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). RESOLUTION NO. 357 -73 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, IN THE MATTER OF MICHIANA BEVERAGES, INC., OF SOUTH BEND, INDIANA. WHEREAS, Michiana Beverages, Inc. of South Bend has submitted its intention to the Economic Development Commission of South Bend, to purchase real property, renovate and equip the existing facility and construct additional facilities located at 142 South Olive Street, within the City of 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 Michiana Beverages, Inc. of South Bend, Indiana, and WHEREAS, Michiana Beverages, 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 Michiana Beverages, Inc. of South Bend and the Economic Development Commission of the City of South Bend have been sub- mitted 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, and 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 Michiana Beverages, Inc. of South Bend seeks approximately $300,000.00 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 Michiana Beverages, Inc. of South Bend 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 per- taining 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 City Common Council authorize the Economic Development Commission of the City of South Bend to proceed to make pre- liminary agreements with the proposed lessee, Michiana Beverages, Inc. of South Bend in the nature of a conditional commitment to enter into a lease with the Michiana Beverages, Inc. of South Bend, 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/ Roger 0. Parent Member of Common Council A RESOLUTION SETTING FORTH THE NEED FOR ECONOMIC DEVELOPMENT Resolution No. 4 -73 REGULAR MEETING MARCH 12.E 1973 REGULAR MEETING- RECONVENED (CONTINUED) RESOLUTION NO. 357 -73 (CONTINUED) WHEREAS: WHEREAS: The City of South Bend is still experiencing a high unemployment situation, and 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 Michiana Beverages, Inc. for a proposed facility at 142 South Olive Street in South Bend, Indiana. THIS RESOLUTION ADOPTED BY THE ECONOMIC DEVELOPMENT COMMISSION OF THE CIVIL CITY OF SOUTH BEND, INDIANA, THIS 2nd DAY OF MARCH, 1973. s/ Karl G. King, Jr. President s/ Fred Craven Vice - President s/ Walter Mucha Secretary 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 purchase of real property, the renovation and equipping of the existing facility, and the construction of additional facilities by Michiana Beverages, Inc. at 142 South Olive Street in 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 therefore are none. (2) The total project cost of the proposed facility will be approximately $300,000.00. (3) The number of jobs to be created by the proposed facility would be approximately 10 with an estimated annual payroll increase of $220,000.00. This is an established business in our community. The land is properly zoned and the construction of the proposed facility would 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. March 5, 1973 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 renovation and equipping of the existing facility, and the construc- tion of additional facilities by Michiana Beverages, Inc., at 142 South Olive Street in 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 the present school facilities. Sincerely, s/ Aaron H. Huguenard, President AHH /mm Board of School Trustees March 2, 1973 Mr. Aaron H. Huguenard, President Board of School Trustees South Bend Community School Corporation 635 South Main Street South Bend, Indiana Dear Mr. Huguenard: Pursuant to the Municipal 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 Michiana Beverages, Inc. of South Bend. REGULAR MEETING MARCH I REGULAR MEETING - RECONVENED (CONTINUED) RESOLUTION NO. 357 -73 (CONTINUED) I would appreciate your immediate attention and indication of your approval. Sincerely, s/ Karl G. King, Jr. KGK /nt President cc: Mayor Jerry J. Miller, City of South Bend Peter Nemeth, President, South Bend City Council James A. Roemer, South Bend City Attorney Kenneth Fedder, Economic Development Commission Attorney Kevin J. Butler, Attorney for Michiana Beverages, Inc. March 2, 1973 Mr. Frank Miles, President Area Plan Commission County -City Building South Bend, Indiana Dear Mr. Miles: Pursuant to the Municipal 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 Michiana Beverages, Inc. of South Bend. I would appreciate your immediate attention and indication of your approval. Sincerely, s/ Karl G. King, Jr. KGK /nt President cc: Jerry J. Miller, Mayor, City of South Bend Peter Nemeth, President, South Bend City Council James A. Roemer, South Bend City Attorney Kenneth Fedder, Counsel, Economic Development Commission Kevin J. Butler, Attorney for Michiana Beverages, Inc. Mr. Karl G. King, President Economic Development Commission c/0 Office Engineers, Inc. 117 North Michigan Street South Bend, Indiana 46601 In Re: Michiana Beverages, Inc. 142 South Olive Street South Bend, Indiana Dear Mr. King: The St. Joseph County Area Plan Commission Michiana Beverages, Inc. to renovate and equip the Street and finds the proposal to be consistent with Comprehensive Plan for community development. HB:lari March 7, 1973 Staff has reviewed the proposal of existing facility on South Olive the present zoning and the Very truly yours, s/ Howard Bellinger Executive Director A public hearing was held on the resolution at this time. Mr. Kenneth Fedder, Attorney for the Economic Development Commission, explained that this company was anticipating an expansion program and desire to purchase property located at 142 South Olive Street. He added that there would be an increase in the tax base realized.and additional employment of 10 people. Councilman Szymkowiak asked if the company was located on College Street, and Mr. Fedder indicated that it was and would be moving the entire operation to Olive Street and add on to the building there. He concluded that it would be across from the old fire station. Councilman Kopczynski -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. 358 -73 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, IN THE MATTER OF SERGIO, INC., OF SOUTH BEND INDIANA. (AS AMENDED) WHEREAS, Sergio, Inc., has submitted its intention to the Economic Development Commission of South Bend, to construct and equip an existing facility and the purchase of real property at the intersection of U.S. 31 South and Kern Road, in St. Joseph County, 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 Sergio, Inc., and REGULAR MEETING MARCH 12 REGULAR MEETING - RECONVENED (CONTINUED) RESOLUTION NO. 358 -73 (CONTINUED) WHEREAS, Sergio, 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 Sergio, 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 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 construc- tion, 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, Sergio, Inc. seeks approximately $375,000.00 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 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 Sergio, 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 per- taining 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 City of South Bend Common Council authorize the Economic Development Commission of the City of South Bend to proceed to make pre- liminary agreements with the proposed lessee, Sergio, Inc., in the nature of a conditional commitment to enter into a lease with Sergio, 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/ Roger 0. Parent As Amended. Member of Common Council A RESOLUTION SETTING FORTH THE NEED FOR ECONOMIC DEVELOPMENT Resolution No. 2 -73 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 Sergio, Inc. for the construction and equipping of a facility and purchase of real property at the intersection of U.S. 31 South and Kern Road in St. Joseph County, Indiana. THIS RESOLUTION ADOPTED BY THE ECONOMIC DEVELOPMENT COMMISSION OF THE CIVIL CITY OF SOUTH BEND, INDIANA, THIS 9th DAY OF FEBRUARY, 1973. s/ Karl G. King, Jr. President s/ Fred Craven Vice - President s/ Walter Mucha Secretary REGULAR MEETING MARCH 12, 1973 REGULAR MEETING - RECONVENED (CONTINUED) RESOLUTION NO. 358 -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 proposed construction and equipping of a facility and purchase of real property at the intersection of U.S. 31 South and Kern Road by Sergio, Inc., an Indiana Corporation. 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 acquisition are none and the expenses therefore are none. (2) The total project cost of the proposed facility will be $375,000.00 which will cover purchase of real estate and construction and equipping of a shopping center. (3) The number of jobs to be created by the proposed facility would be upwards of 45 new people. The estimated annual increased payroll would be $270,000.00. Sergio, Inc. operates an established pharmacy business in our community. This proposed facility will increase the tax base and require utilization of our local construc- tion industry to build the facility. February 19, 1973 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 wholeheartedly the proposed construction and equipping of a facility and purchase of real property at the intersection of U.S. 31 South and Kern Road by Sergio, Inc., an Indiana Corporation. 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/ Aaron H. Huguenard, President AHH /mm Board of School Trustees February 16, 1973 Mr. Aaron H. Huguenard, President Board of School Trustees South Bend Community School Corporation 635 South Main Street South Bend, Indiana Dear Mr. Huguenard: Pursuant to the Municipal 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 Sergio, Inc. of South Bend. I would appreciate your immediate attention and indication of your approval. Sincerely, s/ Karl G. King, Jr. KGK /nt President cc: Jerry J. Miller, Mayor, City of South Bend Peter Nemeth, President, South Bend City Council James A. Roemer, South Bend City Attorney Kenneth Fedder, Economic Development Commission Attorney Kevin J. Butler, Attorney representing Sergio, Inc. Mr. Frank Miles, President Area Plan Commission County -City Building South Bend, Indiana Dear Mr. Miles: February 16, 1973 Pursuant to the Municipal 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 Sergio, Inc. of South Bend. REGULAR MEETING - RECONVENED (CONTINUED) RESOLUTION NO. 358 -73 (CONTINUED) I would appreciate your immediate attention and indication of your approval. Sincerely, s/ Karl G. King, Jr. KGK /nt President cc: Jerry J. Miller, Mayor, City of South Bend Peter Nemeth, President, South Bend City Council James A. Roemer, South Bend City Attorney Kenneth Fedder, Economic Development Commission Attorney Kevin J. Butler, Attorney representing Sergio, Inc. March 7, 1973 Mr. Karl G. King, President Economic Development Commission c/o Office Engineers, Inc 117 North Michigan Street South Bend, Indiana 46601 In Re: Sergio, Inc. of South Bend U.S. 31 South and Kern Road Dear Mr. King: The St. Joseph County Area Plan Commission Staff has reviewed the proposal of Sergio, Inc. regarding the equipping of a facility and the purchase of real property at the intersection of U.S. 31 South and Kern Road. The Staff finds the proposal to be consistent with the present zoning and the Comprehensive Plan for community development. HB:lari Very truly yours, s/ Howard Bellinger Executive Director A public hearing was held on the resolution at this time. Mr. Kenneth Fedder, Attorney for the Economic Development Commission, explained that this would be a facility presently operated by Sergio. It would be an expansion program and would be new construction into the shopping center area with additional space that would be sublet. He also indicated that Mr. Sergio had no objection to signing a waiver of annexation and would welcome coming into the city. Council President Nemeth indicated that perhaps Mr. Fedder should talk to Mr. Roemer, City Attorney, on the matter of these waivers of annexation with the thought that possibly some clause could be inserted in the contract. Mr. Fedder indicated that an amendment would be needed to the resolution, amending the figure of $270,000.00 to $375,000.00. Councilman Kopczynski so moved, seconded by Councilman Taylor. The motion carried. Councilman Kopczynski made a motion that the resolution be adopted as amended, seconded by Councilman Newburn. The resolution passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). Mr. Fedder indicated to the Council that he had copies of the form lease the Economic Development Commission utilized as requested by the Councilmen at a previous meeting. Councilman Szymkowiak indicated that he would like to recommend that, in the cases where the Commission has one company moving from one location to another, the Commission try to fill the vacated building. CONTINUATION OF ORDINANCE NO. 5490 -73 AN ORDINANCE APPROPRIATING $750,138.00 FROM THE At this time, the FEDERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC WORKS PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC WORKS. (AS AMENDED) second reading on this ordinance continued. Mr. James Roemer, City Attorney, indicated to the Council that they must spread this ordinance over line items differently in order to get approval of the State Board of Accounts. He requested additional time to do this. Councilman Taylor made a motion to take a recess, seconded by Councilman Szymkowiak. The motion carried. Recessed at approximately 10:40 p.m. Reconvened at approximately 11:05 p.m. Councilman Szymkowiak made a motion to amend the ordinance as follows, seconded by Councilman Serge: On page 1, amend the total amount appropriated to $750,138.00. On page 2, amend the amount of $100,000.00 in Program FA3 to $55,750.00. On page 2, amend the amount of $5,000.00 in Program FA4 to $3,750.00. On page 2, amend the amounts of $50,000.00 and $45,000.00 in Program FA5 to $46,882.00 and $20,000.00 respectively, with an amended total amount of $146,842.00. On page 2, delete FA6 in its entirety. On page 3, delete FA7 in its entirety. On page 3, delete FA8 in its entirety. REGULAR MEETING I MARCH 12, 197 REGULAR MEETING - RECONVENED (CONTINUED) On page 3, delete FA9 in its entirety. Councilman Miller indicated that he was in favor of reinstating the trash budget; however, the Council was not doing this merely because of the number of people who had requested it. Councilman Parent indicated that the Council was simply providing Mr. Richardson with the funds he requested in order for him to operate the program so that it would become self - sufficient. Mr. Charles Lennon, Executive Director of the Department of Redevelopment, repeated the amendments as proposed by Councilman Szymkowiak and indicated that the total of the FAl through FA10 program: would be amended to read $750,138.00. The motion carried. Mr. James Barcome, City Controller, indicated that amendments were also needed to the salary por- tion of the Solid Waste budget. Councilman Newburn then made a motion to amend the ordinance further as follows, seconded by Councilman Szymkowiak: On page 4, amend Section A. Services Personal, as follows: Amend item 4 to read "Solid Waste Man 17 @ $150.00 per week ", for an annual amount of $132,600.00 and a 1973 amount of $99,450.00. Delete items 5, 6, 7 and 8. • new item 5 to read "Holidays 17 @ $30.00 times 9 ", for an annual amount of $4,590.00 and a 1973 amount of $4,590.00. The new sub -total under the 1973 column would be $120,183.00. • new item 6 to read "Overtime and Extra Help ", for a 1973 amount of $1,510.00. The total of Services Personal would remain at $121,693.00. The motion carried. Councilman Szymkowiak made a motion to pass the ordinance as amended, seconded by Councilman Kopczynski. The ordinance passed by a roll call vote of eight ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Kopczynski, Horvath, Newburn and Nemeth) and one nay (Councilman Taylor). Councilmen Serge expressed his feeling that, if the administration needs the money to provide services to the citizens of the community, the Council should appropriate the money as requested. Councilman Szymkowiak indicated his agreement to that statement. ORDINANCES, FIRST READING ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, AND GATES CHEVROLET CORPORATION, SOUTH BEND, INDIANA, FOR THE PURCHASE OF A 1973 CHEVROLET SERIES CE66003 CAB AND CHASSIS AND A COMBINATION DUMP BED AND HOIST, IN THE AMOUNT OF $5,210.00. This ordinance had first reading. Councilman Horvath made a motion that the ordinance be set for public hearing and second reading on March 26, 1973, seconded by Councilman Parent. The motion carried. ORDINANCE AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE, TRUST INDENTURE, ECONOMIC DEVELOPMENT REVENUE BONDS AND MORTGAGE AND THE FORMS AND TERMS OF THE LEASE AND TRUST INDENTURE AND BONDS AND MORTGAGE AND THE ISSUANCE OF ECONOMIC DEVELOPMENT REVENUE BONDS PERTAINING TO KOSZEGI LEATHER & VINYL PRODUCTS, INC. This ordinance had first reading. Councilman Kopczynski made a motion that the ordinance be set for public hearing and second reading -on March 26, 1973, seconded by Councilman Parent. The moti carried. ORDINANCE AN ORDINANCE TO REPEAL ORDINANCE NO. 5417 -72, TO AUTHORIZE THE EXECUTION OF A LEASE, INDENTURE OF TRUST AND BONDS, AND TO AUTHORIZE THE ISSUANCE OF ECONOMIC DEVELOPMENT REVENUE BONDS PERTAINING TO THE GENTNER PACKING COMPANY, INC., PROJECT. This ordinance had first reading. Councilman Kopczynski made a motion that the ordinance be set for public hearing and second reading on March 26, 1973, seconded by Councilman Parent. The moti carried. ORDINANCE AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT OF A MERIT PLAN FOR POLICE AND FIREMEN IN THE CITY OF SOUTH BEND, INDIANA. This ordinance had first reading. Councilman Parent made a motion that the ordinance be referred to the Council Committee on Public Safety, seconded by Councilman Serge. Councilman Newburn asked if that was the proper committee, and Council President Nemeth indicated that the committee dealt with public safety matters and the ordinance involved public safety positions within the City of South Bend. The motion carried. Councilmen Kopczynski, Horvath and Newburn opposed. ORDINANCE AN ORDINANCE CONCERNING THE ADMINISTRATION AND REGULATION OF THE POLICE DEPARTMENT OF THE CITY OF SOUTH BEND, INDIANA. This ordinance had first reading. Councilman Parent made a motion that the ordinance be referred to the Council Committee on Public Safety, seconded by Councilman Taylor. The motion carried. Councilmen Kopczynski, Horvath and Newburn opposed. Councilman Kopczynski requested minutes of all the meetings which would be held concerning the two ordinances. Councilman Parent indicated that the councilmen would be informed as to when the committee would meet regarding the above two ordinances. 2, REGULAR MEETING REGULAR MEETING - RECONVENED (CONTINUED) UNFINISHED BUSINESS Councilman Parent indicated that the Committee on Public Safety had met regarding the revenue sharing ordinance for that department. He then made a motion that the ordinance on the public safety revenue sharing be set for public hearing and second reading on March 26, 1973, seconded by Councilman Miller. The motion carried. The City Clerk read the following report from the Civic Center Committee: To the Common Council of the City of South Bend: Your Committee on the Civic Center to whom was referred an Ordinance appropriating $500,000.00 from the Federal Assistance Grant Fund respectfully report that they have examined the matter and that in their opinion an additional $500,000.00 should be included in the Federal Revenue Sharing Budget for 1972 and 1973. The committee recommends that this budget be returned to the Mayor with a request that he re- submit it in the amount of One Million Dollars. This amount would reduce, although not eliminate, the amount needed to be bonded on the civil city tax rate in the future. s/ Terry S. Miller Chairman Councilman Miller made a motion that the City Clerk be instructed to send a copy of the Civic Center revenue sharing ordinance to the Mayor, along with a copy of the above report, seconded by Councilman Parent. The motion carried. Councilman Kopczynski indicated that he wanted to set for public hearing and second reading on March 26, 1973, the revenue sharing ordinance pertaining to the Department of Administration and Finance. Council President Nemeth indicated that there would be several public hearings that evening and wondered if the ordinance could be set for public hearing at the first meeting in April. Councilman Kopczynski indicated that the matter would not take too much time. He then moved to set the public hearing and second reading on March 26, 1973, for the revenue sharing ordinance pertaining to the Department of Administration and Finance, seconded by Councilman Horvath. The motion carried. Councilman Parent spoke briefly on the Clients' Council's resolution regarding the president's cut- back of federal funding for human service programs. He made a motion to refer the matter to the Department of Human Resources and Economic Development and request the director to report back to the Council within three to four weeks, seconded by Councilman Miller. The motion carried. Councilman Szymkowiak asked about the cleaning up of debris in a certain area of the city and indicated that many people in the South Bend area do not care how their property looks. He felt this was a burden to the taxpayers and those kitd of people were a detriment to society. He also cited an example of some hoodlums breaking into a widow's home recently. Councilman Kopczynski asked him if he had checked into the matter at 516 South Walnut Street, and Councilman Szymkowiak indicated that this was a job for the property owner because it was his responsibility. Council President Nemeth indicated that he had previously set up a meeting with Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, regarding the revenue sharing ordinances for the various departments. He further indicated that now, some of the ordinances had been set for public hearing and second reading at the next meeting. He asked the Council if they wanted to change the meeting date with Miss Guthrie or delay action on the ordinances until April. Councilman Parent felt that, because of the urgency in acting on the ordinances, the meeting with Miss Guthrie should be moved.up. Miss Guthrie indicated that she and other members of the associa- tion would be able to meet with the Council whenever time permitted, and Council President Nemeth suggested Monday, March 19, 1973, at 8:30 p.m., in the Council Caucus Room. Miss Guthrie commende� the Council for their action on revising the schedule on solid wastes because they showed careful consideration. Councilman.Miller requested and so moved that the City Clerk convey to Adams High School congratu- lations on their semi -state victory in the basketball sectional, seconded by Councilman Parent. The motion carried. There being no further business, unfinished or new, to come before the Council, Councilman Kopczynski made a.motion to adjourn, seconded by Councilman Szymkowiak. The motion carried, and the meeting adjourned at 11:35 p.m. ATTEST: K ................................................... -+ F,-1 t...++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++