HomeMy WebLinkAbout04-09-73 Council Meeting Minutes+++++++++++++++++++++++++++++++++++++++++++++++#....+*_+++ 1+....++++ + + :F... + + + + + + + + + + + + + + + +++.....r
REGULAR MEETING
APRIL 9, 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, April 9, 1973, at 7:05 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.
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, April 9, 1973, at 7:07 p.m., with nine members present. Chairman Odell Newburn
presided.
ORDINANCE AN ORDINANCE TO AUTHORIZE THE EXECUTION
OF A LEASE, INDENTURE OF TRUST AND BONDS
AND TO AUTHORIZE THE ISSUANCE OF ECONOMIC
DEVELOPMENT REVENUE BONDS PERTAINING TO
MICHIANA BEVERAGES, INC.
This being the time heretofore set for public hearing on the above ordinance, proponents and
opponents were given an opportunity to be heard. Mr. Kenneth Fedder, Attorney for the Economic
Development Commission, introduced Mr. Charles Roemer who made the presentation for the ordinance.
He indicated that the ordinance authorized the execution and issuance of bonds in the amount of
$300,000. He explained that Michiana Beverages is presently located at 611 College Street in a
9,000 square foot building and has the opportunity to purchase a vacant warehouse on Olive Street
near Marycrest (142 South Olive), and this building would be 20,000 square feet. He indicated
that the employees would be increased from 12 to 22 with an increase in payroll of $85,000. He
concluded that the owners would utilize and hire people from the Model Cities area.
Councilman Kopczynski made a motion that the ordinance go to the Council as favorable, seconded by
Councilman Parent. The motion carried.
ORDINANCE AN ORDINANCE TO AUTHORIZE THE EXECUTION
OF A LEASE, INDENTURE OF TURST AND BONDS
AND TO AUTHORIZE THE ISSUANCE OF ECONOMIC
DEVELOPMENT REVENUE BONDS PERTAINING TO
SERGIO, INC.
This being the time heretofore set for public hearing on the above ordinance, proponents and
opponents were given an opportunity to be heard. Mr. Charles Roemer, Attorney for Sergio, Inc.,
made the presentation for the ordinance. He indicated that this ordinance authorized the execu-
tion and issuance of bonds in the amount of $375,000 for construction of a neighborhood shopping
center at the intersection of Kern Road and U.S. 31 South. He indicated that it was proposed to
be a seven -unit shopping center with the petitioners occupying one -third of the space. Issuance
of the bonds would increase the employees to 45 and an increase in payroll of $270,000. He pre-
sented a waiver of annexation to the City Clerk which was signed by Mr. Sergio. Councilman
Horvath asked what type of businesses would be housed in the shopping center, and Mr. Roemer
indicated there would be a pharmacy, doctor's office, a cleaning establishment and a Burger Dairy
Store.
Councilman Szymkowiak made a motion that the ordinance go to the Council as favorable, seconded by
Councilman Kopczynski. The motion carried.
ORDINANCE AN ORDINANCE TO APPROPRIATE $123,750.00
FROM THE LOCAL ROAD AND STREET FUND AND
REGULAR MEETING APRIL 9 1973
COMMITTEE OF THE WHOLE MEETING (CONTINUED)
ORDINANCE (CONTINUED) $41,250.00 FROM THE CUMULATIVE CAPITAL
IMPROVEMENT FUND FOR PROJECT R & S 51 -
SAMPLE STREET FROM MAYFLOWER ROAD TO
GREENVIEW AVENUE.
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 presented the plans for
the project to the Council for their examination and briefly explained that this project was being
funded 75% from the 2% gasoline tax and 25% from the Cumulative Capital Improvement Fund and would
complete the four - laning of Sample Street from Mayflower to Greenview. He indicated there would
be new curb, gutter and pavement, and at Mayflower and Sample, new curb and gutter would be
installed and Mayflower widened. He further indicated that the Highway Department would furnish
the equipment for the traffic signals and the city would pay for the installation. Councilman
Kopczynski asked about future plans at Lombardy and Sample, and Mr. Richardson indicated that the
underground conduits would be installed for a future date but that there were no plans for that
intersection at present. Councilman Kopczynski felt consideration should be given to widening the
rest of Mayflower, and Mr. Richardson agreed with him. He mentioned that this was included in the
capital improvement program. Councilman Kopczynski indicated that the residents in that area were
grateful to Mr. Richardson and the Administration for working on this matter. Councilman Szymkowii
asked about the cost of installing the lights, and Mr. Richardson indicated that he thought the
figures for the equipment would be around $9,000 and the installation would run about $6,000. He
also indicated that the $9,000 was not in the contract because it would be furnished by the
Highway Department. Councilman Horvath asked about the additional cost for the street light at
Lombardy, and Mr. Richardson indicated that the cost was not the reason for the delay at this time
but it was a matter of "warrants ". He indicated that his department was trying to justify a
warrant for the installation of this street light. Councilman Horvath asked if it wouldn't be
better to take care of the installation of the light at this time when the conduit is put in, and
Mr. Richardson again indicated that it was a case of satisfying all the warrants. Councilman
Kopczynski indicated that he wanted to see traffic move faster and questioned the four -way stop
sign. He suggested that a two -way stop sign be utilized. Mr. Richardson concluded by indicating
to the Council that he would be happy to meet with them at a future date to discuss the project.
Councilman Szymkowiak made a motion that the ordinance go to the Council as favorable, seconded by
Councilman Kopczynski. The motion carried.
ORDINANCE AN ORDINANCE TO APPROPRIATE $205,000.00
FROM THE LOCAL ROAD AND STREET FUND, AND
$200,000.00 FROM THE TOPICS FEDERAL AID
FUND FOR PROJECT R & S 59 - MICHIGAN STREET
AND MAIN STREET BETWEEN CHIPPEWA AVENUE AND
SOUTH STREET.
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 indicated that this was
a federally funded program whereby the Department of Transportation funds 50% of the construction
costs. He explained that the one -way of Michigan and Main has been in the long -range transporta-
tion study for the area and that Main would continue one -way south from South Street to Chippewa
and Michigan Street would become one -way north. He indicated that the Board of Public Works has
held a public hearing on the matter and it was advertised by the Highway Commission. He further
indicated that the plans had been designed within the Engineering Department. When completed,
there would be an inter - connected system whereby the intervals could be varied and kept in time
with one another in order to keep traffic moving smoothly and that all new signs would be included
He mentioned that, last fall, the improvements along Main Street were almost finished. He
expressed hope that a May bid could be obtained for the project in order to have the project in
operation sometime in November. He mentioned that there was a delay on delivery of traffic signal
control parts. Councilman Szymkowiak asked about the signal light for Bendix and Ardmore Trail,
and Mr. Richardson indicated that this was ready to go on design engineering. Council President
Nemeth asked how wide Main Street would be, and Mr. Richardson indicated that it would remain at
44 to 48 feet all the way out, and Council President Nemeth asked about the area south of South
Street. Mr. Richardson indicated that the new viaduct would be 52 to 54 feet wide; however, at
Bronson Street it would come back to 44 feet. He indicated that it would carry three lanes of
moving traffic but that parking would have to be limited.
Councilman Szymkowiak made a motion that the ordinance go to the Council as favorable, seconded by
Councilman Kopczynski. The motion carried.
ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN
THE BUREAU OF WASTEWATER OF THE CITY OF
SOUTH BEND, INDIANA, AND A. H. CHOITZ &
COMPANY, INC., SOUTH BEND, INDIANA, FOR
THE PURCHASE OF ONE WHEEL LOADER BACKHOE
MACHINE IN THE AMOUNT OF $13,500.00.
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, about
four weeks ago, bids had been taken on this machine which would be used for maintenance of sewers.
He indicated that two bids had been received, one bid in the amount of $14,411 from International
Harvester and the other in the amount of $13,500 from John Deere. He indicated that he would like
to have the contract consumated for the John Deere machine. He explained that, since March, there
have been six accidents with the sewers involving about 1,000 feet of sewer pipe because of the
ancient system not being able to handle all the rain the city has been getting. He explained that
the rains fill the sewers and draw soil from the ground resulting in cave -ins. He indicated that
the city has two sewer crews and only one of these machines. Councilman Miller asked if Mr.
Richardson installed the sewers, and Mr. Richardson indicated that the closest the city comes to
installing is the inlets and channels in the streets. He mentioned that the production of long
pipes is not done by the city because it would require bigger equipment and additional manpower.
AW
REGULAR MEETING APRIL 9, 1973
COMMITTEE OF THE WHOLE MEETING (CONTINUED)
Councilman Kopczynski made a motion that the ordinance go to the Council as favorable, seconded by
Councilman Horvath. The motion carried.
ORDINANCE AN ORDINANCE APPROPRIATING $5,000.00 FROM
THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY
REFERRED TO AS GENERAL REVENUE SHARING, FOR
VARIOUS LEGAL PROGRAMS, TO BE ADMINISTERED
BY THE CITY OF SOUTH BEND THROUGH ITS
DEPARTMENT OF LAW. (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. Mr. James Roemer, Director of the Department of
Law, made the presentation for the ordinance. He explained that the Legal Department has need for
the services of two legal interns at the rate of $2.50 per hour for research of matters, running
errands, recording documents and providing service to the Council and departments. He indicated
that the $5,000 was set up for two people over a period of time when school -would be in session
for about 20 hours a week. During the summer, he suggested that local students be available to
work on perhaps a 45 -hour basis. Miss Fanny Grunwald, 227 South Frances Street, suggested that
local students should be utilized for the rest of the year, as well as the summer months, and Mr.
Roemer felt this was a good idea and indicated that, if the ordinance was passed, he would prefer
South Bend people because he felt they should be given preference.
Councilman Parent made a motion that the ordinance go to the Council as favorable, seconded by
Councilman Taylor. The motion carried.
ORDINANCE AN ORDINANCE APPROPRIATING $500,000.00 FROM
THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY
REFERRED TO AS GENERAL REVENUE SHARING, FOR
VARIOUS CIVIC CENTER EXPENSES.
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 mentioned that this ordinance had been discussed several times and it was hoped
that it could be passed and the task started on the Civic Center project. He indicated that the
planning has taken many months, and it was now time to start to show visible signs to the communit,
He introduced Mr. Richard Rosenthal, Chairman of the Civic Center Committee. Mr. Rosenthal
indicated that the Mayor has asked the people of the community to determine the needs and function;
of a possible Civic Center and the committee had been established. He indicated that this was
originally a plan specified by the Downtown Neighborhood Renewal Program. He indicated that the
Civic Center Committee is composed of about 130 residents of South Bend from all walks of life.
He mentioned that many of the committee chairmen were present at the meeting to discuss the matter
and answer questions. He indicated that Mr. Roland Kelly was represented, Terry Miller was presen-
and also Mr. Kahn, Mr. Deahl, Mr. Gillia and Mr. Taylor. He indicated that the first function of
the committee was to study the proposed site and the plan for the Civic Center. In October, it
was voted to accept the recommendation to utilize the site bordered by the St. Joseph River on the
east, Wayne Street on the south, St. Joseph Street on the west and Colfax Avenue on the north.
The committee then spent many hours studying the various financial, use planning, public relations
etc. associated with the Civic Center. In the use planning area, there were five uses: downtown
convention center, cultural center, museum, educational facilities through School City and
recreation through the Park Department. Mr. Rosenthal indicated that there were also other uses
that could develop such as restaurants and small shops which would be self- sufficient and contri-
bute money to the Civic Center. He indicated that the concept of the Civic Center fits in with
the renewal program. He concluded by indicating the passage of the ordinance before the Council
and invited a few groups to speak in favor of the project.
Mr. Philip Crone, Chairman of the United Auto Workers, 301 Donmoyer Avenue, indicated that the
United Auto Workers urged the Council to endorse the remaining ordinances on the Civic Center,
they being the establishment of the Civic Center Authority and an endowment fund; however, he
indicated that the members of the United Auto Workers still had some reservations on the revenue
sharing ordinance and could not give a total endorsement at this time.
Mrs. Audrey Conley, Convention Director of the South Bend - Mishawaka Chamber of Commerce,
1711 Belmont, indicated that the Chamber of Commerce supported the ordinance. She urged coordina-
tion between the Athletic and Convocation Center, her office and the proposed Civic Center. She
also indicated that the Civic Center would bring much additional revenue to the community. She
mentioned that other cities that have civic centers have realized an additional tax base and growtl
in those communities.
Mr. Edward Hager, Michiana Chapter of the Studebaker Drivers Club, also supported the ordinance.
He explained that the Studebaker Drivers Club was an international organization of approximately
4,000 members dedicated to the Studebaker vehicles. He indicated that the most natural reaction
of people when viewing the Studebaker collection is one of nostalgia, and he indicated that the
historical collection is much more than that. It is unique in that it traces the spectrum of
personalized four -wheel transportation. He mentioned that the collection contains wagons, buggies
carriages built for presidents, the runabout and early gasoline models, and was built by people
from the community. Recently, the Studebaker Club, in cooperation with the city, brought repre-
sentatives to the South Bend area to view the collection in order to obtain a professional opinion
Those representatives, a Mr. Peter Smith and Mr. Thomas Slade, were most impressed with the
collection, and there was an attempt to register this collection on the national register. These
same men also suggested that these automobiles be displayed in a historic museum where, they felt,
a great many people would come to view them. He indicated that over 400 people have come to view
the collection. He indicated that where the vehicles are now stored, there is not room for
expansion and they are not displayed properly. He felt the display of the Studebaker collection
in the proposed Civic Center would be a tremendous draw for the Civic Center and would be very
applicable to the complex. He mentioned that every year thousands of people are drawn to this
area through functions at the Athletic and Convocation Center, the Morris Civic Auditorium,
Indiana University and St. Mary's. He felt that, with the downtown project now underway, these
same people would be drawn right into South Bend. He concluded by indicating that there was a
great deal of history in the community and there should be a place to give people a chance to
learn about it.
REGULAR MEETING APRIL 9 1973
COMMITTEE OF THE WHOLE MEETING (CONTINUED)
Mrs. Janet Allen, 125 West Marion Street, indicated that she wanted to speak on behalf of the Art
Center. She felt the city needed a center for good design and would pay off in community parti-
cipation. She felt funds should have been utilized when talk about the project had first begun;
however, if the revenue sharing funds were needed to get the project on the road, they should be
used because in the long run, the Civic Center would bring in revenues to the city. She mentioned
that, at present, the South Bend Art Center is housed in an old building. She also indicated that
everyone is saying "South Bend" when referring to the Civic Center, and she felt it should be
thought of as a county -wide project and be area -wide.
Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, asked what the
$500,000 covered, and Mayor Miller indicated that, at the second reading of the ordinance, a
breakdown of the funds would be available. He indicated, however, that he did have the contract
costs available at this time, they being about 65% for the preliminary cost of the architect;
$160,000 for purchase of the property; and the balance for the operation expenses and promotion.
There was further discussion of the councilmen on having the figures available for presentation at
this time in order to know where the money would be allocated, and it was suggested that a recess
be taken in order to give Mr. Barcome a little more time for preparation of these figures. It
was moved by Councilman Taylor, seconded by Councilman Parent, that a brief recess be taken. The
motion carried. Recessed at approximately 8:00 p.m. Reconvened at 8:20 p.m.
Mr. James Barcome, City Controller, gave a brief explanation of the breakdown for the $500,000
revenue sharing funds by setting these figures in line items. Council President Nemeth questioned
the fact that Account No. 261.0 was utilized for a promotional and fund raising drive and also the
architect's fees, design and special reports, and Mr. Barcome indicated that this was proper.
It was then moved by Councilman Parent, seconded by Councilman Kopczynski, that the ordinance be
amended according to Mr. Barcome's breakdown, as follows:
Account No.
SERVICE PERSONAL
110.0
110.0
SERVICE
213.0
214.0
261.0
262.6
261.0
CURRENT
62.0
63.0
64.0
CONTRACTUAL
OBLIGATIONS
The motion carried.
Program FA31 "Civic Center Project"
Description
Director
Secretary II
Travel Expense
Telephone and Telegraph
Promotional and Fund Raising Drive
Land Acquisition
Architect's Fees, Design, Special
Reports
Social Security
P.E.R.F.
Group Insurance
Total FA31
Amount
$ 20,000.00
5,500.00
2,747.00
700.00
30,000.00
164,000.00
273,000.00
954.00
2,730.00
369.00
$ 25,500.00
470,447.00
4,053.00
$500,000.00
Mrs. Frederick Mutzl, President of the St. Joseph County Fair Tax Association, felt that there was
not anyone who did not want to see the downtown area rebuilt; however, many people were concerned
and worried about how it would be rebuilt and the method of financing to be utilized. She asked
if the taxes would pay for the upkeep of the Civic Center. Councilman Newburn indicated that the
Civic Center would be self- supporting once it is off the ground, according to his opinion. He
felt that if the citizens wanted to improve, they must pay for the things they need. Mrs. Mutzl
felt the Studebaker collection would bring interest into the city. She mentioned the talk about
the trouble on the streets and the crime rate being decreased and she felt the Civic Center was
not the answer for that. She did not feel this would solve the crime problem because that parti-
cular type of individual would not be culturally - inclined. She indicated that the Fair Tax
Association supported Mr. Crone's previous statement. Miss Guthrie asked about the period of time
covered for the salaries, and Councilman Newburn indicated that it was an annual salary. Mr.
James Barcome also indicated it was annual. Miss Guthrie pointed out that almost half the year is
already gone and she felt this should be prorated for the remainder of the year. Mr. Barcome
indicated that, by setting the full salary figure out, the Mayor would have some negotiating.power
when looking for a director. He again indicated, as when previous revenue sharing ordinances had
had public hearings, that if the money is not spent, it would go back into the revenue sharing
funds. Miss Guthrie asked about the $12,000 in the Park Department for that particular purpose.
Mayor Miller indicated that he wanted to publicly announce the salary and that the money would not
be needed until June 1. Miss Guthrie questioned whether or not this would eventually come back
to the taxpayers. She mentioned that Mr. Parent had indicated this. She also asked about the
funds appropriated for travel costs. Mayor Miller answered by indicating that he hoped the Civic
Center would be self - supporting in the future. He also indicated that it was not known at present
how many facilities would be located in the Civic Center and it was not known what can be afforded
at this time. He expressed hope that soon the city would be able to determine what would be
needed from the tax rate. He mentioned that the $2,747 for travel expenses is for the committee
and also expenses that have already been incurred and will be incurred. Miss Guthrie asked if
this appropriation was being made after the money was spent, and Mayor Miller indicated that it
was not. Miss Guthrie questioned the opportunity to review the figures and also mentioned that,
if other items were being increased, it was her feeling that the appropriation should not be made
until there has been an ad stating the particular item.
Mrs. Constance Green, 3217 West Dunham, questioned the make -up of the Civic Center Committee. Mr.
Rosenthal again indicated that the committee was composed of about 130 people in the community who
represented all walks of life and every race and creed. He also mentioned that every meeting of
the committee has been open to the public and that it -had been stated many times that anyone
interested in joining the committee is most welcome to do so. He indicated that he had the names
REGULAR MEETING APRIL 9 1973
COMMITTEE OF THE WHOLE MEETING (CONTINUED)
of the members available. Mrs. Green indicated that many times, there is a so- called "blue ribbon
committee" formed consisting of only a select few and most of these people are from the higher
income tax bracket and not just the ordinary citizen. She asked about the number of blacks and
Chicano people serving on the committee. She asked how this would reflect on the Civic Center.
As far as the $500,000 was concerned, she felt private funds should be used for the project. She
asked how many people the Civic Center would employ and she indicated that many citizens would not
be able to afford to attend the various activities at the Civic Center. She felt it should be
representative of all the people. She indicated that there were very few things in South Bend for
minority people to participate in. Further, that $500,000 was being appropriated for a Civic
Center and many of the Action Centers were being closed. She asked if any plans were being made
for the President's program of taking away milk from the children. She felt the Civic Center
would do no good for the community when there are people within the city who are so very poor.
She indicated that these people are not being taken -care of and that is one of the reasons for the
high crime rate. She mentioned that she could see disgust on the faces of the councilmen and felt
they were thinking to themselves how they wished she would sit down. She concluded by mentioning
that the beautiful Civic Center might get burned down. Mayor Miller felt that was unjust criticis
He indicated that the first committee for the Civic Center was chosen and consisted of 20 people
in the community. He mentioned that there are two members of the Council on the committee and
that six hard months of work has been put into the project. He repeated Mr. Rosenthal's statement
about anyone wishing to join the committee would be welcomed because the project is for the entire
community. He mentioned that there was an obligation that was made before he was elected to
improve the downtown area. He indicated that if this money was not spent on the project, a bond
issue would have to be floated to take care of the cost. He mentioned that the unemployment has
been decreased within the last few months and that many jobs can be provided by the construction
of the Civic Center. There would be money allocated for the neighborhood centers, and he felt
the Urban Renewal Program must be kept going.
Council President Nemeth indicated that last June 28, the Common Council adopted a resolution
approving the Civic Center project, and he quoted from that resolution: "The Civic Center
Committee has made recommendations which the Council believes have merit and should be explored
further; and the success of any such project requires total community participation and commit-
ment." He indicated that the Council did not want to cater only to select groups of citizens and
that the Council was working for the entire community and wanted all the citizens to partake of
the facility. He indicated that the parks and recreation segment would be utilized and there
would be educational programs for the students. He also indicated that he would not vote in
favor of the ordinance if this were not the case. Mrs. Janet Allen indicated that she had joined
one of the committees on the Civic Center because she had heard that anyone could do so if they
desired to. She said she had taken advantage of that statement and that there were at least four
ethnic groups on the one committee she was familiar with,:
Mr. Richard Gaff, 58244 Ironwood Drive, indicated that Mayor Miller had stated that the money was
appropriated for the rental of the museum, the Studebaker collection and the Art Center. He was
certain that the Mayor did not mean that these would close and he felt they would complement the
Civic Center. Mr. Roman Kowalski, 802 Birchwood, indicated that he supported the ordinance pro-
viding the city could afford the Civic Center and could also afford to maintain it. He felt there
should be a limit as to how far the city could go with the spending on the project. He also felt
that, if federal programs and grants were available, the city should match those funds appropriate(,
by the grants. He indicated that too many programs of this type would over - burden the taxpayers
and would drive the citizens to the suburban areas, creating a bigger hardship on those people
remaining in the city. In Philadelphia, there had been a situation where the city was unable to
pay the salaries of the firemen and policemen and was forced to close its museum in order to
meet these expenses. He hoped that this would not happen to the Civic Center project.
Council President Nemeth made a motion to amend the ordinance further by deleting any reference to
the Department of Public Works and inserting "Civic Center Authority ", seconded by Councilman
Miller. The motion carried. (Councilman Horvath opposed..) Mr. James Roemer, City Attorney,
questioned whether or not the funds would be administered according to the State Board of Accounts'
if the Civic Center Authority was given control rather than the Department of Public Works. It
was his feeling that the money should be administered by an organization that was set up to follow
the law and administer accounts payable, receivable, etc. He felt the members of the Civic Center
Authority would not have the financial expertise to take,care of administering the funds. Council
President Nemeth indicated that for this reason Mr. Barcome was appointed as the ex officio
treasurer. Mr. Roemer indicated that he did not want to violate any of the Indiana laws by giving
this authority to the Civic Center Authority. Mr. Barcome felt that, even though he would be
appointed ex officio treasurer, he would not have control over the funds according to the State
Board of Accounts. Council President Nemeth indicated that Mr. Barcome could advise the Authority
on expenditure of the funds. Mr. Barcome indicated that he could in that case; however, he did not
know if the State Board of Accounts would approve it. He mentioned that, under federal programs,
the city has had problems such as this. He felt that all the fiscal management should be put under
the Controller's Office. Councilman Taylor asked how this situation was handled with the'Park
Department and Park Board. Mr. Barcome indicated that there is an agreement whereby the fiscal
management is run through his department and there is a fiscal officer from the Park Department.
Councilman Taylor wondered why this same procedure couldn't be followed. Mr. Barcome expressed
hope that something would be put into the ordinance to cover that. Councilman Miller indicated
that an annual budget would be submitted like the other city departments. He suggested that per-
haps a clause could be added that budgetary control and accounting principles should be followed
through by the Controller's Office. Councilman Taylor indicated that the Civic Center project was
to be a non - political entity and he could not see any advantage of having complete governmental
political control. He felt that if some sort of agreement had been reached with the Park Board on
fiscal management, something on the same order could be established for the Civic Center Authority
Mr. Barcome indicated that complete control was being taken from the city administration as far as
fiscal management if turned over to the Authority. Councilman Parent asked Mr. Barcome if it
would be legal to include such a provision and Mr. Barcome indicated that it would be all right.
Councilman Miller asked what further control was needed other than the line item expenditures,
and Mr. Barcome indicated that the people to handle the job were not being provided. Councilman
Miller asked if Mr. Barcome was talking about the expenses, and Mr. Barcome answered that he was
referring only to the operation of the funds. Councilman Miller asked if the Controller and his
staff could work on this. Mrs. Janet Allen asked if the $500,000 was the only amount being con-
sidered. Council President Nemeth indicated that the Council was talking about the revenue
REGULAR MEETING APRIL 9, 1973
COMMITTEE OF THE WHOLE MEETING (CONTINUED)
sharing ordinance. He also felt the same situation would work with the Civic Center Authority as
with the Park Board. Mrs. Allen felt that these duties should come within the jurisdiction of the
Controller. Mr. Roemer indicated that the Council desired to change the administering of the fund
from the Department of Public Works to the Civic Center Authority. He felt that, when something
was made that autonomous, what would be done about the accounting people, auditing people, etc.
Councilman Kopczynski felt that the hearing on the revenue sharing ordinance for the Civic Center
should be continued until after the Civic Center Authority was established in the following
ordinance. There was a brief discussion about going on to the next item of business, after which
it was decided to perhaps further discuss this matter in the second reading portion of the Council
meeting. Councilman Miller then made a motion that the ordinance, as amended, go to the Council
as favorable, seconded by Councilman Taylor. The motion carried. (Councilman Horvath opposed.)
ORDINANCE AN ORDINANCE ESTABLISHING A CIVIC CENTER
AUTHORITY.
This being the time heretofore set for public hearing on the above ordinance, proponents and
opponents were given an opportunity to be heard. Council President Nemeth briefly explained the
reasons for the establishment of the Civic Center Authority and then made a motion to amend the
ordinance as follows:
In Section I, first paragraph, line 8, insert "not more than five of whom shall be
members of one political party" immediately following the word "members ".
In Section I, paragraph number 2, second line, delete "Mayor" and insert "Council ".
In Section II, insert the following sentence in line 4 after the word "secretary."
"Each of such officers shall hold office for a period of one year and
until their successors are elected and qualified."
In Section IV, insert the following as a fourth paragraph.
"The Authority may also submit an annual budget to the Common Council in
the same manner as city departments."
In Section V, paragraph number 2, last sentence to read:
"Any mortgages, loans or contracts in excess of $5,000 are subject to
Council approval."
In Section V, paragraph number 5, insert the following as the last sentence.
"Said annual report shall be submitted to the Mayor and Common Council on
or before the first day of March of the following year."
In Section VI, strike the words "effective January 1, 1974."
Council President Nemeth then briefly talked about the representatives of the Authority as set
forth in Section I of the ordinance. He mentioned that five appointments to the Authority would
be made by the Mayor and four would be made by the Council. The Authority would have control over
the Civic Center, and he indicated that this would be something that would have to be changed as
time goes on. He indicated that the Council did not want the Civic Center to be a political foot-
ball. It would be a complex that would be around for a long while and would belong to the people
and community and not the politicians. He mentioned that the city was not giving up complete
authority in that any tax monies and a budget would have to meet the approval of the Common Counci
as do the other city departments. He indicated that the Authority would have control over the
private funds that are donated. Councilman Parent seconded the motion to amend the ordinance. Th
motion carried.
Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, asked about the
endowment fund, and Council President Nemeth indicated that the Authority would conduct its own
public hearings on expenditures. Miss Guthrie asked if the budget would have to be presented as
other budgets, and Council President Nemeth indicated that it would. Miss Guthrie wondered if a
total picture could be realized regarding the funds if private funds were not included. Council
President Nemeth indicated that it was hoped the private funds would not be mixed with the revenue
sharing funds. Miss Guthrie indicated that originally, the project had started out as a private
program not to be taken care of by the taxpayers. She wondered why there should be representative:
on the Authority from 50 miles away. Council President Nemeth indicated that this was not manda-
tory. Miss Guthrie mentioned that she was glad this would be coming up around budget time because
she had reservations on how it would work. She expressed appreciation of the fact that there
would be five appointments by the Mayor and four appointments by the Council. She asked where the
city was given the authority to establish the Civic Center Authority. Council President Nemeth
indicated that there is a provision for the establishment of the Authority. Mr. Robert Parker,
Deputy City Attorney, indicated that this authority was given in the Cities and Towns Act of 1969,
and Mr. Roemer also mentioned Burns Statutes, Sections 48 -1464 and 48 -2601.
Mr. Lloyd Taylor, 55334 Quince Road, indicated that he was under the impression that the architect
would be hired by the Civic Center Authority, and Council President Nemeth indicated he would be.
Mr. Taylor indicated that, in that case, the Civic Center Authority would have to be created and
set up before the architect is hired and he wondered about the time it would take to set up the
Authority. Council President Nemeth indicated he hoped this would be as soon as possible. Mr.
Taylor asked if the Mayor would have a time limit on the appointments he would be, making to the
Authority. Council President Nemeth indicated that he could not speak on behalf of the Mayor and
he also mentioned that the ordinance would take effect after the Mayor signed it. Mr. Roemer felt
there was a legal question on the ordinance. He questioned the power the Civic Center Authority
would have regarding the revenue sharing funds and felt that the ordinance would have to be re-
published showing the change in administering the funds from the Department of Public Works to the
Civic Center Authority. Councilman Miller mentioned that the Council has previously amended
ordinances by title, and he mentioned to the administration that they better not ask the Council t'
amend ordinances anymore. Mr. Roemer indicated that if the Council changed the ordinance to give
control to another authority, it was doing something the public was not aware of. He asked Mr.
Parker's opinion on this matter and indicated that he felt the Council should pass the ordinance
as is, referring to the revenue sharing ordinance.. Councilman Parent suggested that discussion on
REGULAR MEETING . APRIL 9 1973
COMMITTEE OF THE WHOLE MEETING (CONTINUED)
the revenue sharing ordinance be stopped and the ordinance creating the Authority be continued.
He felt the Council could always come back to the problem of changing the title of the revenue
sharing ordinance. Mrs. Allen mentioned that, in establishing the Civic Center Authority, it was
mentioned that this would be non - partisan and the budget would come to the Council as other depart
ment budgets would. Also, that if an amount in excess of $5,000 was spent, they would have to
come before the Council. She felt this should be tabled until the Council could come up with an
area -wide support of the ordinance. Council President Nemeth indicated that the Council was
trying to do just that. He mentioned that the Authority can submit a budget for the Council's
approval. He felt the Council was trying to get other people involved and provide representation
for other groups. He also felt the Council would be remiss if control of such a large sum of
money was given to the Authority. Mrs. Allen felt that the Civic Center should be totally inde-
pendent and run by participating groups and the citizens. Council President Nemeth indicated that
the Council was trying to set the Authority up similar to the Park Board because that has proven
to be a satisfactory arrangement. Mrs. Allen asked if the Council has found any other civic cente
complexes to be responsible to the city, its council and mayor. Councilman Newburn indicated
that the other centers probably were not funded in part by revenue sharing funds. Mrs. Allen
felt the Council should have control of the revenue sharing funds only and that those funds and
private donations should be separated. Councilman Horvath asked Mrs. Allen if she was saying that
the city should not have control over this even though the taxpayers were paying for it. Mrs.
Allen indicated that a certain amount of money should be set up that the city can contribute and
put a ceiling on it. She felt it would be up to interested groups and citizens to raise the rest
of the money for the project. Councilman Horvath asked Mrs. Allen where the profit made, if any,
would go, and Mrs. Allen felt the profit should go to improving the facility. Councilman Horvath
felt the money should go back to the taxpayer. Councilman Horvath also brought up the matter of
possibly more revenue sharing coming in'and what would happen if that was the case. Mrs. Allen
felt the money had to be raised and supported by the people because the Civic Center would not be
utilized unless it involved the people. Council President Nemeth mentioned that the land belonged
to the city and the city is contributing money to the complex; therefore, he felt the city should
have control over it. He added that, if the Civic Center makes enough money privately, it would i
not be required to submit a budget'.
Mr. Charles Lennon, Executive Director of the Department of Redevelopment, questioned changing the
title on the revenue sharing ordinance because it effected a substantial change and this could not
legally be done. Councilman Parent again suggested that the Council continue with the public
hearing on the ordinance creating the Civic Center Authority rather than going back to the revenue
sharing ordinance. Miss Fanny Grunwald, 227 South Frances Street, suggested that the Council
table the ordinance as there was a great deal more to consider. Councilman Mille'r asked if the
citizens would rather have this matter discussed behind closed doors or before the public. Mrs.
Mary Leighton, 2912 Marine Street, indicated that the Michiana Art Council purchased the property
and started this plan and many years had been spent on it. Mr. Roman Kowalski felt the ordinances
had lost their image and they should go back to a committee for further study and another public
hearing at some future date. Councilman Serge asked the Mayor how long it would take him to make
the five appointments to the Civic Center Authority. Mayor Miller indicated that he was not in
agreement with some of the appointments; however, his appointments would take a little time and
he could not give the Council a definite time period in which he would have his appointments made.
He further indicated that he disagreed with tabling the ordinance and that it should pass as
originally prepared. He indicated that a delay would add to the total cost of the project.
Councilman Szymkowiak recommended the Council take a 15- minute recess, and he felt, too, that the
project would be injured unless the ordinances were taken care of at this time rather than tabling
them. Councilman Horvath indicated that the ordinance on the revenue sharing funds for $500,000
was very crucial at this time, and he wondered why action couldn't be taken on that ordinance and
the ordinances on the creation of the Authority and Endowment Fund be set aside for further study.
Councilman Parent indicated that, originally the two ordinances had been brought together, and he
felt that Councilman Horvath had a point. He suggested that the Council go along with the Mayor's
recommendations at this time and come back later with the Council's recommendations after further
study. He expressed concern on the legality of the ordinance on revenue sharing. Councilman
Miller indicated that he had discussed with many people the method of making decisions as far as
the architect, use planning, etc. The decision - making power is not clear cut and this has been a
problem for the past three months. He felt that, if the establishment of the Civic Center Authori
was not taken care of at this time, in the future there might not be the correct lines of communi-
cation. He indicated that the city was dealing with an art center, museum, the Park and Recreatio
Board, the South Bend Community School Corporation, and he did not think the Council and Mayor
should have the right to speak for those bodies. He indicated that if the city hired the architec
and did all the promotion, it would be a total political type of organization and he felt the
creation of the Civic Center Authority was needed. He felt the City Attorney could make the
ordinance work that way. Mr. Roemer indicated that he had given his opinion to the Council on
the advertising of the title of the revenue sharing ordinance and, in regard to the ordinances on
the Authority and Endowment Fund, he had no objection to the passage. He stressed the fact that
the revenue sharing ordinance was needed now. Council President Nemeth felt the Council should
proceed on with the ordinance at hand.
Councilman Parent made a motion to refer the ordinance back to the Civic Center Committee for
further consideration, seconded by Councilman Horvath. Council President Nemeth asked what was
going to be accomplished by referring the ordinance back to committee. Councilman Parent felt the
Council should move ahead with the other items on the agenda and move ahead with the revenue
sharing appropriation because agreement had not been reached on the ordinance. Council President
Nemeth asked why. all three ordinances should be delayed. Councilman Parent indicated that, by
delaying the construction of the Civic Center, the total cost was being increased. He felt the
Civic Center Authority could always be set up at a later date. Council President Nemeth expressed
his feeling that this ordinance was also crucial. Councilman Parent indicated that the City
Attorney had advised the Council on what to do. Council President Nemeth indicated that, in
effect, the City Attorney was telling the Council they could not amend the ordinance. Councilman
Taylor felt the Council should proceed and indicated that discussion should be had on the creation'
of the Civic Center Authority now because the revenue sharing ordinance had already been recommend
to the Council as favorable with the line item amendments and deletion of the reference to the
Department of Public Works. The motion was defeated on referring the ordinance back to the Civic
Center Committee. Councilman Newburn asked if debate was to be continued on the ordinance, and
this was opposed. Councilman Miller then made a motion that the ordinance go tb.the Council as
favorable, as amended by Council President Nemeth, seconded by Councilman Taylor. The motion
carried. (Councilmen Parent and Horvath opposed.)
:y
REGULAR MEETING APRIL 911973
COMMITTEE OF THE WHOLE MEETING (CONTINUED)
Councilman Taylor then made a motion to take a five - minute recess, seconded by Councilman Miller.
The motion carried. Recessed at 10:05 p.m. Reconvened at 10:30 p.m.
ORDINANCE AN ORDINANCE CREATING A CIVIC CENTER
ENDOWMENT FUND.
This being the time heretofore set for public hearing on the above ordinance, proponents and
opponents were given an opportunity to be heard. Council President Nemeth made the presentation
for the ordinance and indicated that the ordinance sets up a separate fund for deposit of any and
all donations to the Civic Center project. He further indicated that the Endowment Fund should be
a continuing fund and should not revert back to the General Fund. He made a motion to amend the
ordinance as follows:
In Section I, add the following at the end of the last sentence immediately after
the words "aforesaid Civic Center ":
"...by the Civic Center Authority."
In Section II, immediately following the word "Controller" in the sixth line, insert
the words "with the direction of the Authority ".
Councilman Taylor seconded the motion. The motion carried.
Mrs. Janet Allen, 125 West Marion Street, asked if some people wouldn't be hindered from donating
to the project because the funds would be controlled by the Controller. She felt this should be
handled through a bank and be an anonymous type of set -up. Council President Nemeth disagreed
with Mrs. Allen on the matter of being anonymous, and he indicated that, by creating a special
account, this information would be available and the money could not revert to the General Fund.
Mrs. Allen indicated that perhaps she had not meant to use the word "anonymous" and she felt this
should not go through the city. Council President Nemeth explained that donations to a political
entity are deductible. He briefly referred to the Endowment Fund established regarding Muessel-
Ellison and indicated that, at that time, Mrs. Allen had supported that. Mrs. Allen felt that
situation was completely different from the case at hand.
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 Kopczynski
made a motion to rise and report to the Council, seconded by Councilman Horvath. The motion
carried.
ATTEST:
CITY CLERK
REGULAR MEETING - RECONVENED
Be it remembered that the regular meeting of the Common Council of the City of South Bend, Indiana
reconvened in the Council Chambers at 10:37 p.m., Council President Peter J. Nemeth presiding and
nine members present.
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 March 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 Serge 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 (Counciln
Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth).
REPORT FROM AREA PLAN COMMISSION (744 WEST WASHINGTON AVENUE)
The Honorable Common Council
City of South Bend
County -City Building
South Bend, Indiana 46601
March 22, 1973
In Re: A proposed ordinance and site development plan of Atlantic - Richfield
(Nemeth Funeral Home) to zone from "B" Residential to "C" Commercial,
property located at the southeast corner of Chapin and Washington,
City of South Bend.
Gentlemen:
The attached rezoning petition of Atlantic- Richfield was legally advertised
March 10, and March 17, 1973, and the Area Plan Commission gave it public hearing
March 20, 1973, at which time the following action was taken:
REGULAR MEETING APRIL 9, 1973
REGULAR MEETING - RECONVENED (CONTINUED)
"Robert Lehman moved the Area Plan Commission unfavorably recommend the
petition for the following reasons:
1. The proposal is not consistent with the Comprehensive Plan
of the City of South Bend.
2. The proposal is not consistent with the Model Cities Plan
for the City of South Bend.'
3. In the opinion of the Area Plan Commission, the proposal
is spot zoning.
Mr. Lehman's motion was seconded by Garrett Mullins and carried with Mr.
Parent abstaining. The petition of Atlantic- Richfield to zone from "B"
Residential to "C" Commercial, the property known as the Nemeth Funeral
Home on the southeast corner of Chapin and Washington is unfavorably
recommended to the Common Council by the Area Plan Commission for these
reasons."
The deliberations of the Area Plan Commission and points considered in arriving
at the above decision are shown in excerpts of the minutes and will be forwarded to you
at a later date to be made a part of this report.
Very truly yours,
s/ Howard Bellinger
HB:lari Executive Director
cc: Atlantic - Richfield
George P. Roberts
Councilman Parent made a motion that the report of the Area Plan Commission be referred to the
Council Committee on Human Resources and Economic Development, seconded by Councilman Taylor. The
motion carried. (Councilman Newburn opposed and Councilman Nemeth abstained.)
REPORT FROM DIRECTOR OF DEPARTMENT OF LAW
Mr. James Roemer, Director of the Department of Law, made his quarterly report to the Council. He
indicated to the Council that he had requested the attorneys in his office to be present at the
meeting for the purpose of being introduced to the Council in order that the Council would be awar(
of the legal counsel working for it. He informed the Council, however, that because it.had gotten
so late, the deputy attorneys had already left, but he indicated that he did want to briefly
explain to the Council who the deputies were and what their duties were. He indicated that his
job was to advise the Mayor and the Council in decisions which required a legal opinion and, at
times, it was a very difficult job. He also indicated that he provides legal opinions to all city
department heads and that the books are researched in order to come up with an opinion in these
cases. He indicated that his Chief Deputy was Bob Parker who had held that position for many
years and he considered himself very fortunate to have been able to retain Mr. Parker on the staff,
He explained that Mr. Parker dealt with all annexations, real estate problems in real estate
acquisition and selling, foreclosure of real estate, mechanic's liens and miscellaneous opinions.
He indicated that Jerry Sakaguchi handled all of the Water Works material and also the Wastewater
Commission and the Zoning Board of Appeals. Lewis Laderer handled litigation and lawsuits. He
briefly talked about the number of suits filed against the city and explained that the city does
have insurance; however, it is a $1,000 deductible policy in order to keep the premium at a
minimum. He indicated that Paul Kusbach handled the Model Cities contracts and due process
hearings. Tom Connaughton was in charge of the enforcement of parking meter violations and cited
an incident when he had received a notice of a traffic meter violation. By that letter, Mr.
Roemer indicated that he had been assured Mr. Connaughton was doing his job well. He indicated
that Art Perry was the federal law clerk and handled any legal opinions needed and prepared the
ordinances the Council acted upon. He indicated that he held a weekly staff meeting and that
there is an attorney present in the office every day. He concluded by saying that the legal pro-
blems the city faces are considerable and he felt that being the City Attorney was a very serious
obligation. Council President Nemeth thanked Mr. Roemer for his presentation.
ORDINANCES, SECOND READING
ORDINANCE NO. 5497 -73
AN ORDINANCE TO AUTHORIZE THE EXECUTION OF A
LEASE, INDENTURE OF TRUST AND BONDS AND TO
AUTHORIZE THE ISSUANCE OF ECONOMIC DEVELOPMENT
REVENUE BONDS PERTAINING TO MICHIANA BEVERAGES,
INC.
This ordinance had second reading. Councilman Newburn made a motion that the ordinance pass,
seconded by Councilman Taylor. The ordinance passed by a roll call vote of nine ayes (Councilmen
Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth).
ORDINANCE NO. 5498 -73 AN ORDINANCE TO AUTHORIZE THE EXECUTION OF A
LEASE, INDENTURE OF TRUST AND BONDS AND TO
AUTHORIZE THE ISSUANCE OF ECONOMIC DEVELOPMENT
REVENUE BONDS PERTAINING TO SERGIO, INC.
This ordinance had second reading. Councilman Taylor made a motion that the ordinance pass,
seconded by Councilman Serge. The ordinance passed by a roll call vote of nine ayes (Councilmen
Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth).
ORDINANCE NO. 5499 -73
AN ORDINANCE TO APPROPRIATE $123,750.00 FROM THE
LOCAL ROAD AND STREET FUND AND $41,250.00 FROM
THE CUMULATIVE CAPITAL IMPROVEMENT FUND FOR
PROJECT R & S 51 - SAMPLE STREET FROM MAYFLOWER
ROAD TO GREENVIEW AVENUE.
This ordinance had second reading. Councilman Szymkowiak made a motion that the ordinance pass,
seconded by Councilman Kopczynski. Councilman Kopczynski then read a letter supporting the Sample
REGULAR MEETING APRIL 9 1973
REGULAR MEETING - RECONVENED (CONTINUED)
Street widening project from the Bethany Evangelical Lutheran Church. The ordinance passed by a
roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski,
Horvath, Newburn and Nemeth).
ORDINANCE NO. 5500 -73
AN ORDINANCE TO APPROPRIATE $205,000.00 FROM THE
LOCAL ROAD AND STREET FUND, AND $200,000.00 FROM
THE TOPICS FEDERAL AID FUND FOR PROJECT R & S 59 -
MICHIGAN STREET AND MAIN STREET BETWEEN CHIPPEWA
AVENUE AND SOUTH STREET.
This ordinance had second reading. Councilman Horvath made a motion that the ordinance pass,
seconded by Councilman Taylor. The ordinance passed by a roll call vote of nine ayes (Councilmen
Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth).
ORDINANCE NO. 5501 -73
AN ORDINANCE APPROVING A CONTRACT BETWEEN THE
BUREAU OF WASTEWATER OF THE CITY OF SOUTH BEND,
INDIANA, AND A. H. CHOITZ & COMPANY, INC., SOUTH
BEND, INDIANA, FOR THE PURCHASE OF ONE WHEEL
LOADER BACKHOE MACHINE IN THE AMOUNT OF $13,500.00.
This ordinance had second reading. Councilman Kopczynski made a motion that the ordinance pass,
seconded by Councilman Taylor. The ordinance passed by a roll call vote of nine ayes (Councilmen
Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth).
ORDINANCE NO. 5502 -73 AN ORDINANCE APPROPRIATING $5,000.00 FROM THE
FEDERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED
TO AS GENERAL REVENUE SHARING, FOR VARIOUS LEGAL
PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH
BEND THROUGH ITS DEPARTMENT OF LAW. (AS AMENDED)
This ordinance had second reading. Councilman Newburn made a motion that the ordinance pass, as
amended, seconded by Councilman Kopczynski. The ordinance passed by a roll call vote of nine ayes
(Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth).
ORDINANCE NO. 5503 -73
AN ORDINANCE APPROPRIATING $500,000.00 FROM THE
FEDERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED
TO AS GENERAL REVENUE SHARING, FOR VARIOUS CIVIC
CENTER EXPENSES.
This ordinance had second reading. Councilman Parent made a motion to amend the ordinance as
follows:
Delete from the title of the ordinance the words "to be administered by the City of
South Bend through its Department of Public Works."
In lines 15, 20 and 22 on page 1, delete reference to the Department of Public Works
and insert "Civic Center Authority ".
In Section 1, line 4, delete "Department of Public Works" and insert "Civic Center
Authority as other revenue sharing funds are administered."
Councilman Miller seconded the motion. The motion carried. (Councilmen Szymkowiak and Horvath
opposed.) Councilman Taylor then made a motion that the ordinance pass, as amended, seconded by
Councilman Kopczynski. The ordinance passed by a roll call vote of seven ayes (Councilmen Serge,
Miller, Parent, Taylor, Kopczynski, Newburn and Nemeth) and two nays (Councilmen Szymkowiak and
Horvath).
ORDINANCE NO. 5504 -73 AN ORDINANCE ESTABLISHING A CIVIC CENTER
AUTHORITY.
This ordinance had second reading. Councilman Taylor made a motion that the ordinance pass, as
amended, seconded by Councilman Kopczynski. The ordinance passed by a roll call vote of eight
ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Newburn and Nemeth) and
one nay (Councilman Horvath).
ORDINANCE NO. 5505 -73 AN ORDINANCE CREATING A CIVIC CENTER ENDOWMENT
FUND.
This ordinance had second reading. Councilman Parent made a motion that the ordinance pass, as
amended, seconded by Councilman Taylor. The ordinance passed by a roll call vote of nine ayes
(Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth).
RESOLUTIONS
RESOLUTION
A RESOLUTION ESTABLISHING A 56 -HOUR WORK WEEK
FOR THE SOUTH BEND FIRE DEPARTMENT.
WHEREAS, the kelly days presently received by the members of the Fire Department
personnel lower the number of men for the department each hour of the day; and
WHEREAS, by establishing three work shifts, more manpower will be working each
hour of the day.
NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend,
Indiana:
Section 1. That a 56 -hour work week is hereby established for the South Bend
Fire Department.
REGULAR MEETING APRIL 9 1973
REGULAR MEETING - RECONVENED (CONTINUED)
Section 2. This resolution shall be in full force and effect from and after
its adoption by the Common Council of the City of South Bend and approval by the
Mayor.
s/ Odell Newburn
Member of the Common Council
A public hearing was held on the resolution at this time. Councilman Horvath felt that such a
resolution was premature at this time because $17,000 had recently been appropriated out of
revenue sharing funds for a survey to be conducted within the Fire Department. He made a motion
that the resolution be tabled, seconded by Councilman Parent. Councilman Newburn felt the Council
had been laying items on the table too long and he could see no reason to delay action on the
resolution when the need was present. He indicated that the efficiency of all the departments
hopefully would be improved, and he felt that by delaying, the Council was preventing the city
from moving on. He also felt the 56 -hour work week would be a great move towards an efficient
department as there is a shortage on the department. By the establishment of three work shifts,
there would be additional manpower working every hour of the day. Councilman Horvath questioned
whether or not debate was allowed on a matter that was put on the table. Council President Nemeth
indicated that the chair had recognized and that there was no call for the question. Councilman
Parent indicated that he supported Councilman Horvath's motion because of the survey soon to be
conducted within the Fire Department. Councilman Szymkowiak expressed his support of the 56 -hour
work week because it would mean better team work and more manpower utilization. He concluded by
indicating that, in the future, he would support no disparity in pay. Council President Nemeth
indicated that bargaining would soon begin within the Fire Department for the contracts and he
felt this might be one of the items the firemen would want for negotiation power. The motion
carried. (Councilmen Szymkowiak and Newburn opposed.)
RESOLUTION NO. 364 -73
A RESOLUTION AUTHORIZING THE CONTROLLER OF
THE CITY OF SOUTH BEND, INDIANA, TO INVEST
CERTAIN IDLE FUNDS DURING THE YEAR 1973 IN
ACCORDANCE WITH CHAPTER 9 OF THE 1945 ACTS
OF THE GENERAL ASSEMBLY OF THE STATE OF
INDIANA, AS AMENDED.
WHEREAS, there are certain idle funds of the Corporation of the City of South
Bend which may be invested for periods of time without affecting the operations of
the various departments of the City; and
WHEREAS, Chapter 9 of the 1945 Acts of the General Assembly of the State of
Indiana enable the Controller to invest such idle funds with the approval of the
Common Council;
NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend,
Indiana:
Section 1. That during 1973 the Controller of the City of South Bend invest
certain idle funds of the City for such periods of time that he determines are not
needed for the normal operations of the various departments of the City.
Section 2. This resolution shall be in effect from and after its passage by
the Common Council and its approval by the Mayor.
s/ Odell Newburn
Member of the Common Council
A public hearing was held on the resolution at this time. Mr. James Barcome, City Controller,
indicated that this ordinance was another "house- keeping" ordinance whereby the city would con-
tinue to invest its monies. He explained that the interest earned would become part of the fund
from which it was made, and he indicated that this practice has been followed in the past and the
city is making money on these investments. Miss Virginia Guthrie, Executive Secretary of the
Civic Planning Association, asked how much money there was available to invest, and Mr. Barcome
indicated there was about a couple million dollars with revenue sharing and sinking fund. He
indicated that this money would be put into certificates of deposit for either 30, 60 or 90 days
rather than letting it just sit idle. Council President Nemeth asked where this money was
sitting, and Mr. Barcome indicated that it was in the banks and there has been no interest accrued,
Council President Nemeth asked Mr. Barcome if he was limited to the type of investments to be made
and the length of time the money was to be invested. Mr. Barcome indicated that, in certain items
the city was limited. Council President Nemeth asked if the minimum amount was set by state law
or by the issuing party, and Mr. Barcome indicated it was set by state law. Mrs. Janet Allen,
125 West Marion Street, indicated that the Controller used to give a list of the interest earned,
and she asked if funds had been invested previously. Mr. Barcome indicated that some funds were
previously invested.
Councilman Szymkowiak 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. 365 -73
WHEREAS, Curtis
Economic Development
the property located
Indiana.
A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA,
IN THE MATTER OF CURTIS L. CROFOOT OF SOUTH
BEND, INDIANA.
L. Crofoot, of South Bend, has submitted his intention to the
Commission of South Bend, for the acquisition and renovation of
at 902 -1020 West Sample Street, within the City of South Bend,
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 Curtis L. Crofoot, of South Bend, Indiana, and
REGULAR MEETING APRIL 9 1973
REGULAR MEETING - RECONVENED (CONTINUED)
WHEREAS, Curtis L. Crofoot, 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 Curtis L. Crofoot, of South Bend,
and the Economic Development Commission of the City of South Bend have been submitted
for approval and comments to the Area Plan Commission of St. Joseph County and the
affirmative action and comments of the Area Plan Commission have been received by
the Clerk of the City of South Bend, as attached, and
WHEREAS, the requirements of the application as described in the "Municipal
Economic Development Act of 1965 of the State of Indiana" as amended have therefore
been met to this point, including a projection of the number of jobs created, 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 Curtis L. Crofoot, 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 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 Curtis L. Crofoot, of South
Bend, 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 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 preliminary
agreements with the proposed lessee, Curtis L. Crofoot, of South Bend, in the nature of
a conditional commitment to enter into a lease with Curtis L. Crofoot, 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/ Odell Newburn
Member of the Common Council
A RESOLUTION SETTING FORTH THE NEED FOR ECONOMIC
DEVELOPMENT
Resolution No. 9 -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 Curtis L. Crofoot
for the acquisition and renovation of the
property at 902 -1020 West Sample Street, South
Bend.
THIS RESOLUTION ADOPTED BY THE ECONOMIC DEVELOPMENT
COMMISSION OF THE CIVIL CITY OF SOUTH BEND, INDIANA,
THIS 30th DAY OF MARCH, 1973.
s/ Karl G. King, Jr.
President - Karl G. King, Jr.
s/ Peter J. Nemeth
Vice President - Peter J. Nemeth
s/ Walter Mucha
Secretary - Walter Mucha
REGULAR MEETING APRTL 9, 1973
REGULAR MEETING - RECONVENED (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 acquisition and renovation of the property at 902 -1020
West Sample Street, South Bend, by Curtis L. Crofoot of South Bend. 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 renovation are none and the expenses therefore are none.
(2) The total project cost of the proposed facilities will be approxi-
mately $300,000.00.
(3) The number of jobs to be created by the proposed facilities would be
approximately twelve in the management of the complex with an unknown
number of new employees involved with new tenants in the renovated
facilities.
Mr. Crofoot has been a resident of this area for many years and has been
affiliated with other businesses in the area. The contemplated renovation would
be done by local contracting firms and would add to the tax base of the area. A
firm commitment to purchase the bonds has been received by the Commission.
April 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 Curtis L.
Crofoot 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
Curtis L. Crofoot, C & S Sales
April 3, 1973
Mr. Karl King, President
Economic Development Commission
of South Bend
County -City Building
South Bend, Indiana 46601
Dear Mr. King:
The Board of Trustees for the South Bend Community School Corporation endorses the
issuance of revenue.bonds to enable Curtis L. Crofoot to acquire and renovate the
property at 902 -1020 West Sample Street, South Bend.
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.
AHH:mec
Mr. Frank Miles, President
Area Plan Commission
County -City Building
South Bend, Indiana
Dear Mr. Miles:
Sincerely,
s/ Aaron H. Huguenard, President
Board of School Trustees
April 2, 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 Curtis L.
Crofoot of South Bend.
REGULAR MEETING APRIL 9, 12-73
REGULAR MEETING - RECONVENED (CONTINUED)
I would appreciate your immediate attention and indication of your approval.
KGK /nt
cc: Jerry J. Miller, Mayor, City of South Bend
Peter Nemeth, President, Common Council, South
James A. Roemer, South Bend City Attorney
Kenneth Fedder, Counsel, Economic Development
Curtis L. Crofoot, C & S Sales
Karl G. King, Jr., President
Economic Development Commission
c/o Office Engineers
117 North Michigan Street
South Bend, Indiana 46601
In Re: Curtis L. Crofoot
902 -1020 West Sample Street
Dear Mr. King:
Sincerely,
s/ Karl G. King, Jr.
President
Bend
Commission
April 4, 1973
The St. Joseph County Area Plan Commission has reviewed the proposal of
Curtis L. Crofoot for the acquisition and renovation of the property at 902 -1020 West
Sample Street. 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 Mr. Crofoot desired the acquisition and renovation
of the property located at 902 -1020 West Sample Street, with the total project cost of the propose,
facility to be approximately $300,000. He indicated that Mr. Crofoot has been a resident of the
area for many years and has been affiliated with other businesses in the area. Further, that the
renovation would be done by local contracting firms and would add to the tax base. He indicated
that the number of jobs to be created would be approximately 12 and there would be no additional
expenses for public services or facilities. Councilman Kopczynski asked if this property was the
old Wilson property and Mr. Fedder answered that it was.
Councilman Kopczynski made a motion
The resolution passed by a roll call
Parent, Taylor, Kopczynski, Horvath,
RESOLUTION NO. 366 -73
that the resolution be adopted, seconded by Councilman Parent.
vote of nine ayes (Councilmen Serge, Szymkowiak, Miller,
Newburn and Nemeth).
A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA,
IN THE MATTER OF INTERNATIONAL BAKERS SERVICES,
INC., OF SOUTH BEND, INDIANA.
WHEREAS, International Bakers Services, Inc., of South Bend has submitted its
intention to the Economic Development Commission of South Bend, to purchase and remodel
an existing facility located at 1902 North Sheridan Avenue, 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 International Bakers Services, Inc., of South Bend,
Indiana, and
WHEREAS, International Bakers Services, 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 International Bakers Services, Inc.,
of South Bend, and the Economic Development Commission of the City of South Bend have
been submitted for approval and comments to the Area Plan Commission of St. Joseph
County and the affirmative action and comments of the Area Plan Commission have been
received by the Clerk of the City of South Bend, and 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 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
REGULAR MEETING APRIL 9, 1973
IIREGULAR MEETING - RECONVENED (CONTINUED)
WHEREAS, now the
approximately $250,000
Commission of the City
and further desires to
known as a net net net
bonds and obtain title
International Bakers Services, Inc., of South Bend seeks
.00 from an issue of revenue bonds of the Economic Development
of South Bend to be signed by the Mayor and by its City Clerk
enter into a lease of not more than 20 years' duration to be
lease sufficient to pay the principal and interest of these
at the end of the lease, and
WHEREAS, by virtue of the net net net lease, the International Bakers Services,
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 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 preliminary
agreements with the proposed lessee, International Bakers Services, Inc., of South Bend,
in the nature of a conditional commitment to enter into a lease with the International
Bakers Services, Inc., of South Bend, 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:
WHEREAS:
s/ Odell Newburn
Member of the Common Council
A RESOLUTION SETTING FORTH THE NEED FOR ECONOMIC
DEVELOPMENT
Resolution No. 8 -73.
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 International
Bakers Services, Inc., for the proposed pur-
chase and remodeling of a facility at 1902
North Sheridan Avenue in South Bend.
THIS RESOLUTION ADOPTED BY THE ECONOMIC DEVELOPMENT
COMMISSION OF THE CIVIL CITY OF SOUTH BEND, INDIANA,
THIS 30th DAY OF MARCH, 1973.
s/ Karl G. King, Jr.
President - Karl G. King, Jr.
s/ Peter J. Nemeth
Vice President - Peter J. Nemeth
s/ Walter Mucha
Secretary - Walter Mucha
REPORT OF CITY OF SOUTH BEND
ECONOMIC DEVELOPMENT COMMISSION
MAKING CERTAIN ESTIMATES
Pursuant to the Municipal Economic Development Act of 1965, as amended, the
City of South Bend Economic Development Commission is required to make certain
estimates in regard to purchase and remodeling of a facility at 1902 North Sheridan
Avenue by International Bakers Services, 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 remodeling are none and the expenses therefore are none.
(2) The total project cost of the proposed facility will be approxi-
mately $250,000.00.
(3) The number of jobs to be created by the proposed facility would be
approximately twelve with a commensurate annual payroll increase.
REGULAR MEETING APRIL 9, 1973
REGULAR MEETING - RECONVENED (CONTINUED)
This is an established business in our
previously found, still finds the necessity
business in our community and the renovation
the proper use of the building.
Mr. Aaron H. Huguenard, President
Board of School Trustees
South Bend Community School Corporation
635 South Main Street
South Bend, Indiana
Dear Mr. Huguenard:
community and the Commission, having
to insure the continuation of this
of this existing structure will insure
April 2, 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 International
Bakers Services, 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
William E. Busse, Pres., International Bakers Services, Inc.
April 3, 1973
Mr. Karl King, President
Economic Development Commission
of South Bend
County -City Building
South Bend, Indiana 46601
Dear Mr. King:
The Board of Trustees for the South Bend Community School Corporation endorses the
issuance of revenue bonds to enable purchase and remodeling of a facility at 1902 North
Sheridan Avenue by International Bakers Services, 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.
AHH:mec
Mr. Frank Miles, President
Area Plan Commission
County -City Building
South Bend, Indiana
Dear Mr. Miles:
Sincerely,
s/ Aaron H. Huguenard, President
Board of School Trustees
April 2, 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 International
Bakers Services, 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
William E. Busse, Pres., International Bakers Services, Inc.
April 4, 1973
Karl G. King, Jr., President
Economic Development Commission
c/o Office Engineers
117 North Michigan Street
South Bend, Indiana 46601
In Re: International Bakers Services, Inc.
1902 North Sheridan Avenue
REGULAR MEETING APRIL 9, 1973
REGULAR MEETING - RECONVENED (CONTINUED)
Dear Mr. King:
The St. Joseph County Area Plan Commission has reviewed the proposal of
International Bakers Services, Inc., for the purchase and remodeling of a facility at
1902 North Sheridan Avenue. 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 International Bakers desired to purchase and
remodel a facility located at 1902 North Sheridan Avenue, with the total project cost of the
facility to be estimated at approximately $250,000. He indicated that the number of jobs to be
created would be approximately 12 with a commensurate annual payroll increase. He concluded by
adding that International Bakers was an established business in the community. Councilman
Kopczynski asked if this property had been previously owned by the Crowl family, and Councilman
Szymkowiak indicated that it previously was the Hillview Bakery and was taken over by Krogers.
Councilman Szymkowiak made a motion that the resolution be adopted, seconded by Councilman Horva
The resolution passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller,
Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth).
RESOLUTION NO. 367 -73
A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA,
IN THE MATTER OF SINGER GENERAL TIRE, INC., OF
SOUTH BEND, INDIANA.
WHEREAS, Singer General Tire, Inc., has submitted its intention to the Economic
Development Commission of South Bend, to purchase real estate and construct facilities
at the corners of Willis and Vaness Streets, just off Indiana #23, 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 Singer General Tire, Inc., and
WHEREAS, Singer General Tire, 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 Singer General Tire, 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, Singer General Tire, Inc. seeks approximately $200,000.00 from an issue
of revenue bonds of the Economic Development Commission of the City of South Bend to be
signed by its Mayor and by its City Clerk and further desires to enter into a lease 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 Singer General Tire, Inc.,
indicates its intention to pay all expenses of the operation, and maintenance, insurance,
property taxes, whatever of the facility.
THEREFORE, be it resolved by the Common Council of the 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 City of South Bend Common Council authorize the
Economic Development Commission of the City of South Bend to proceed to make preliminary
agreements with the proposed lessee, Singer General Tire, Inc., in the nature of a con-
ditional commitment to enter into a lease with Singer General Tire, 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
REGULAR MEETING APRIL 9 1973
REGULAR MEETING - RECONVENED (CONTINUED)
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:
WHEREAS:
s/ Odell Newburn
Member of the Common Council
A RESOLUTION SETTING FORTH THE NEED FOR ECONOMIC
DEVELOPMENT
Resolution No. 7 -73
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 Singer General
Tire, Inc., for the proposed purchase of land
and construction of a facility at the corner of
Willis and Vaness Streets in South Bend.
THIS RESOLUTION ADOPTED BY THE ECONOMIC DEVELOPMENT
COMMISSION OF THE CIVIL CITY OF SOUTH BEND, INDIANA,
THIS 30th DAY OF MARCH, 1973.
s/ Karl G. King, Jr.
President - Karl G. King, Jr.
s/ Peter J. Nemeth
Vice President - Peter J. Nemeth
s/ Walter Mucha
Secretary - Walter Mucha
REPORT OF CITY OF SOUTH BEND
ECONOMIC DEVELOPMENT COMMISSION
MAKING CERTAIN ESTIMATES
Pursuant to the Municipal Economic Development Act of 1965, as amended, the City
of South Bend Economic Development Commission is required to make certain estimates in
regard to the purchase of land and construction of a facility by Singer General Tire,
Inc., at the corner of Willis and Vaness Streets just off Indiana #23. 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 approxi-
mately $200,000.00.
(3) The number of jobs to be created by the proposed facility would be
approximately 7 to 10 with an estimated annual payroll increase of
$122,600.00.
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. It was the finding of the commission that there
should be a waiver of annexation which statement was so made in the application. A firm
commitment letter to purchase the bonds has been received by the commission from a local
institution.
March 30, 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 Singer General Tire, Inc., of South
Bend.
REGULAR MEETING APRIL 9, 1973
REGULAR MEETING - RECONVENED (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, Counsel, Economic Development Commission
Merl C. Fahler, President, Singer General Tire, Inc.
April 3, 1973
Mr. Karl King, President
Economic Development Commission
of South Bend
County -City Building
South Bend, Indiana 46601
Dear Mr. King:
The Board of Trustees for the South Bend Community School Corporation endorses the
issuance of revenue bonds to enable the Singer General Tire, Inc., to purchase land and
construct a facility at the corner of Willis and Vaness Streets just off Indiana #23.
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:mec Board of School Trustees
March 30, 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 Singer General Tire, 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
Merl C. Fahler, President, Singer General Tire, Inc.
April 4, 1973
Karl G. King, Jr., President
Economic Development Commission
c/o Office Engineers
117 North Michigan Street
South Bend, Indiana 46601
In Re: Singer General Tire, Inc.
Willis and Vaness Streets
Dear Mr. King:
The St. Joseph County Area Plan Commission has reviewed the proposal of Singer
General Tire, Inc., for the purchase of land and construction of a facility at the
corner of Willis and Vaness Streets just off Indiana No. 23. 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 Singer General Tire desired to purchase land and
construct a facility at the corner of Willis and Vaness Streets just off Indiana #23. He indica
that the total project cost of the proposed facility would be approximately $200,000 and the num
of jobs to be created by the proposed facility would be approximately 7 to 10 with an estimated
annual payroll increase of $122,600. He also indicated that the land is properly zoned and
REGULAR MEETING APRIL 9 19
REGULAR MEETING - RECONVENED (CONTINUED)
and construction of the facility would be in conformity to the area and would provide an increase
in the tax base. Mr. Fedder indicated that a statement had been in the application regarding the
filing of a waiver of annexation and there would be no problem in obtaining one from Singer.
Council President Nemeth asked if the proposed facility would be in the Maple Lane area which is
presently in court, and Mr. Fedder indicated that it was near that area.
Councilman Szymkowiak 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. 368 -73
A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA,
IN THE MATTER OF VANDERHEYDEN DISTRIBUTING, INC.,
OF SOUTH BEND, INDIANA.
WHEREAS, Vanderheyden Distributing, Inc., has submitted its intention to the
Economic Development Commission of South Bend to purchase real property and construct a
facility 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 Vanderheyden Distributing, Inc., and
WHEREAS, Vanderheyden Distributing, 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 Vanderheyden Distributing, Inc., and
the Economic Development Commission of the City of South Bend have been submitted for
approval and comments to the Area Plan Commission of St. Joseph County and the affirmative
action and comments of the Area Plan Commission have been received by the Clerk of the
City of South Bend, as attached, and
WHEREAS, the 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 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, Vanderheyden Distributing, Inc., seeks approximately $250,000.00 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
indicates its intention to pay all expenses
property taxes, whatever of the facility.
lease, the Vanderheyden Distributing, Inc.,
of the operation, maintenance, insurance,
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 preliminary
agreements with the proposed lessee, Vanderheyden Distributing, Inc., in the nature of a
conditional commitment to enter into a lease with Vanderheyden Distributing, 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.
WHEREAS:
WHEREAS:
s/ Odell Newburn
Member of the Common Council
A RESOLUTION SETTING FORTH THE NEED FOR ECONOMIC
DEVELOPMENT
Resolution No. 10 -73
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
REGULAR MEETING APRTT, 9 1973
REGULAR MEETING - RECONVENED (CONTINUED)
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 Vanderheyden
Distributing, Inc., for the purchase of property
and construction of a facility in Airport
Industrial Park -Phase II in South Bend.
THIS RESOLUTION ADOPTED BY THE ECONOMIC DEVELOPMENT
COMMISSION OF THE CIVIL CITY OF SOUTH BEND, INDIANA,
THIS 30th DAY OF MARCH, 1973.
s/ Karl G. King, Jr.,
President - Karl G. King, Jr.
s/ Peter J. Nemeth
Vice President - Peter J. Nemeth
s/ Walter Mucha
Secretary - Walter Mucha
REPORT OF CITY OF SOUTH BEND
ECONOMIC DEVELOPMENT COMMISSION
MAKING CERTAIN ESTIMATES
Pursuant to the Municipal Economic Development Act of 1965, as amended, the City
of South Bend Economic Development Commission is required to make certain estimates in
regard to the purchase of property and construction of a facility in Airport Industrial
Park - Phase II by Vanderheyden Distributing, Inc., of South Bend. 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 facility are none and the expenses therefore are none.
(2) The total project cost of the proposed facility will be approxi-
mately $250,000.00.
(3) The number of jobs to be created by the proposed facilities would
be approximately seven with an estimated annual payroll increase up to
$60,000.00.
This firm has been an established business in our community for many years. The
construction of the proposed facilities would be in conformity to the area, will pro-
vide an increase in the tax base and would use the local construction industry in the
construction of the facility. A firm commitment to purchase the bonds has been
received by the Commission.
April 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 Vanderheyden Distributing, Inc., of
South Bend.
I would appreciate your immediate attention and indication of your approval.
Sincerely,
s/ Karl G. King, Jr.
KK /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 Fodder, Counsel, Economic Development Commission
August G. Vanderheyden, Pres., Vanderheyden Distributing, Inc.
April 3, 1973
Mr. Karl King, President
Economic Development Commission
of South Bend
County -City Building
South Bend, Indiana 46601
Dear Mr. King:
REGULAR MEETING APRIL--9,-197
REGULAR MEETING - RECONVENED (CONTINUED)
The Board of Trustees for the South Bend Community School Corporation endorses the
issuance of revenue bonds to enable the purchase of property and construction of a
facility in Airport Industrial Park -Phase II by Vanderheyden Distributing, Inc., of South
Bend.
The School Corporation does not consider that this project would cause any major change in
school enrollments nor bring any burden upon the present school facilities.
AHH:mec
Mr. Frank Miles, President
Area Plan Commission
County -City Building
South Bend, Indiana
Dear Mr. Miles:
Sincerely,
s/ Aaron H. Huguenard, President
Board of School Trustees
April 2, 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 Vanderheyden Distributing, 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
August G. Vanderheyden, Pres., Vanderheyden Distributing, Inc.
Karl G. King, Jr., President April 4, 1973
Economic Development Commission
c/o Office Engineers
117 North Michigan Street
South Bend, Indiana 46601
In Re: Vanderheyden Distributing, Inc.
Airport Industrial Park - Phase II
Dear Mr. King:
The St. Joseph County Area Plan Commission has reviewed the proposal of
Vanderheyden Distributing, Inc., for the purchase of property and the construction of
a facility in 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, indicated that Vanderheyden intended to purchase property and
construct a facility in Airport Industrial Park - Phase II, with the total project cost of the
proposed facility to be approximately $250,000. The number of jobs to be created by the proposed
facility would be approximately seven with an estimated annual payroll increase up to $60,000.
He mentioned that this firm has been an established business in the community for many years and
the construction of the facility would provide an increase in the tax base with local constructio
industry being utilized. Council President Nemeth asked if this was located in the city, and Mr.
Fedder indicated that it was.
Councilman Szymkowiak made a motion that the resolution be adopted, seconded by Councilman Horva
The resolution passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller,
Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth).
ORDINANCES, FIRST READING
Council President Nemeth suggested that another meeting of the Council be scheduled for April 30,
1973, at 7:00 p.m., because of the many items before the Council for action. He indicated that
such a motion could be made in the unfinished business portion of the Council meeting.
ORDINANCE AN ORDINANCE ANNEXING TO AND BRINGING WITHIN
THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN
LANDS (SECTION 10, CREST MANOR).
This ordinance had first reading. Councilman Parent made a motion that the ordinance be set for
public hearing and second reading on April 30, 1973, seconded by Councilman Horvath. The motion
carried. (Motion was later reconsidered, and it was moved by Councilman Kopczynski, seconded by
Councilman Parent, that the ordinance be set for public hearing and second reading on April 23,
1973, and carried.)
REGULAR MEETING APRIL 9, 1973
REGULAR MEETING - RECONVENED (CONTINUED)
ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68,
AS AMENDED, COMMONLY KNOWN AS THE ZONING
ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA
(CHAPTER 40, MUNICIPAL CODE - 3027 MCKINLEY
AVENUE) .
This ordinance had first reading. Councilman Taylor made a motion that the ordinance be set for
public hearing and second reading on April 30, 1973, seconded by Councilman Miller. The motion
carried. (Motion was later reconsidered, and it was moved by Councilman Taylor, seconded by
Councilman Kopczynski, that the ordinance be referred to the Area Plan Commission, and carried.)
ORDINANCE AN ORDINANCE ESTABLISHING A SCHEDULE OF
CHARGES FOR SERVICES RENDERED BY THE
WASTEWATER TREATMENT PLANT OF THE CITY OF
SOUTH BEND FOR THE TREATMENT OF SEPTIC TANK
DUMPINGS.
This ordinance had first reading. Councilman Miller made a motion that the ordinance be set for
public hearing and second reading on April 30, 1973, seconded by Councilman Taylor. The motion
carried. (Motion was later reconsidered, and it was moved by Councilman Kopczynski, seconded by
Councilman Parent, that the ordinance be set for public hearing and second reading on April 23,
1973, and carried.)
ORDINANCE AN ORDINANCE APPROPRIATING $110,801.00 FROM
THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY
REFERRED TO AS GENERAL REVENUE SHARING, FOR
A HUMAN RESOURCES PROGRAM FOCUSED ON DRUG
ABUSE, TO BE ADMINISTERED BY THE CITY OF
SOUTH BEND THROUGH ITS DEPARTMENT OF HUMAN
RESOURCES AND ECONOMIC DEVELOPMENT.
This ordinance had first reading. Councilman Taylor made a motion that the ordinance be set for
public hearing and second reading on April 23, 1973, seconded by Councilman Kopczynski. The
motion carried.
ORDINANCE AN ORDINANCE TO APPROPRIATE $825,000.00 FROM
THE LOCAL ROAD AND STREET FUND AND $275,000.00
FROM THE CUMULATIVE SEWER BUILDING AND SINKING
FUND FOR PROJECT R & S 48 - CONTRACT NO. 2 -
IRELAND ROAD FROM YORK ROAD TO IRONWOOD ROAD
AND IRONWOOD ROAD FROM IRELAND ROAD TO 1500
FEET NORTH.
This ordinance had first reading. Councilman Horvath made a motion that the ordinance be set for
public hearing and second reading on April 30, 1973, seconded by Councilman Kopczynski. The
motion carried. (Motion was later reconsidered, and it was moved by Councilman Kopczynski,
seconded by Councilman Parent, that the ordinance be set for public hearing and second reading on
April 23, 1973, and carried.)
At this time, it was moved by Councilman Taylor, seconded by Councilman Kopczynski, that the
ordinance to rezone property at 3027 McKinley Avenue, be referred to the Area Plan Commission,
on the recommendation of Councilman Miller. The motion carried.
ORDINANCE AN ORDINANCE FOR THE TRANSFER OF FUNDS WITHIN
THE FIRE DEPARTMENT BUDGET IN THE AMOUNT OF
$3,361.07 FROM ACCOUNT Q -11, "SERVICES PERSONAL"
TO A NEW ACCOUNT BEING ESTABLISHED FOR THIS
PURPOSE, Q -53, "REFUNDS, AWARDS AND INDEMNITIES ",
BOTH ACCOUNTS BEING WITHIN THE GENERAL FUND.
This ordinance had first reading. Councilman Szymkowiak made a motion that the ordinance be set
for public hearing and second reading on April 23, 1973, seconded by Councilman Parent. The
motion carried.
ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION
IN THE AMOUNT OF $140.00 FROM THE BUILDING
DEPARTMENT, M -11, "SERVICES PERSONAL" TO THE
BUILDING DEPARTMENT, M -55, "SUBSCRIPTIONS AND
DUES ", BOTH ACCOUNTS WITHIN THE BUILDING
DEPARTMENT OF THE CIVIL CITY OF SOUTH BEND.
This ordinance had -first reading. Councilman Taylor made a motion that the ordinance be set for
public hearing and second reading on April 30, 1973, seconded by Councilman Horvath. The motion
carried. (Motion was later reconsidered, and it was moved by Councilman Kopczynski, seconded by
Councilman Parent, that the ordinance be set for public hearing and second reading on April 23,
1973, and carried.)
ORDINANCE AN ORDINANCE AMENDING CHAPTER 20, ARTICLE 5,
OF THE MUNICIPAL CODE OF THE CITY OF SOUTH
BEND, INDIANA, 1971, BY THE ADDITION OF A
NEW SECTION, SECTION 20 -58.1 FOR THE DIS-
POSITION OF NON - MOVING TRAFFIC VIOLATION FEES.
This ordinance had first reading. Councilman Horvath made a motion that the ordinance be set for
public hearing and second reading on April 30, 1973, seconded by Councilman Miller. The motion
carried. (Motion was later reconsidered, and it was moved by Councilman Kopczynski, seconded by
Councilman Parent, that the ordinance be set for public hearing and second reading on April 23,
1973, and carried.)
297
REGULAR MEETING - RECONVENED (CONTINUED)
UNFINISHED BUSINESS
Councilman Kopczynski made a motion that a meeting of the Common Council be held on April 30, 197
at 7:00 p.m., in addition to the regularly scheduled meeting of April 23, seconded by Councilman
Taylor. The motion carried. (Motion was later stricken.)
Councilman Taylor then made a motion that the April 23, 1973, regular meeting of the Common Counc
be held at 7:00 p.m., rather than 8:00 p.m., seconded by Councilman Parent. The motion carried.
NEW BUSINESS
Mr. Charles Lennon, Executive Director of the Department of Redevelopment, indicated to the Counc
that the Board of Trustees of the Redevelopment Commission consisted of five members who appointe
five commissioners. He explained that there are two vacancies to be filled, one to be filled by
the Mayor and one by the Council. Councilman Taylor made a motion to appoint Mr. Morris L.
Morrison to the Redevelopment Commission's Board of Trustees as the Common Council appointment,
seconded by Councilman Parent. The motion carried.
Mr. Charles Lennon also indicated to the Council that the Model Cities would be conducting a
meeting on April 30, 1973, at which time, discussion took place as to whether or not the Council
meeting should be held on some other date rather than the 30th. Councilman Parent made a motion
to strike the previous motion to conduct a Council meeting on April 30, seconded by Councilman
Taylor. The motion carried. Councilman Kopczynski then made a motion that the ordinances pre-
viously set for public hearing and second reading on April 30 be set for public hearing and
second reading on April 23, seconded by Councilman Parent. The motion carried.
Councilman Serge brought up the problems in relation to the trash pick -up and identifying the
garages where the trash should be picked up. He suggested that perhaps a letter should be
written informing the citizens of the procedure to follow if they desired trash pick -up from the
city. Councilman Szymkowiak felt this was a problem also and indicated that house numbers should
be put on the garages rather than a sticker or cardboard which could be easily removed.
Councilman Taylor made a motion that a letter be sent to Mr. James Peacock, past member of the
Board of Trustees of the Redevelopment Commission, for his excellent work during his term on the
Board, seconded by Councilman Miller. The motion carried.
It was brought up that Dyngus Day was to be held on April 23, and discussion centered around
changing the regular meeting of the Council to another date rather than conducting the meeting on
the 23rd. Councilman Horvath made a motion that the ordinances set for public hearing on the
23rd be reset for public hearing and second reading on April 24, 1973, seconded by Councilman
Kopczynski. There was further discussion on Dyngus Day, and the motion was lost due to there
being no call for the question.
Councilman Parent referred to the remark brought before the Council by Councilman Serge on the
problems with the new trash pick -up, and he felt that some kind of means of identification should
be utilized.
There being no further business, unfinished or new, to come before the Council, Councilman Taylor
made a motion that the meeting be adjourned, seconded by Councilman Kopczynski. The motion
carried and the meeting adjourned at 11:25 p.m. 0
Immediately after adjournment of the Council meeting, there was a question raised as to whether o
not the line items as indicated in the Committee of the Whole portion of the meeting (public
Hearing) were incorporated in the final amendments to the ordinance made in the second reading
portion of the Council meeting, regarding the revenue sharing ordinance for the Civic Center. On
motion made by Councilman Miller, seconded by Councilman Kopczynski, the motion to adjourn was re
considered. The motion carried. Councilman Miller then made a motion to incorporate the line
items in the ordinance, seconded by Councilman Parent. The motion carried. (Councilmen Szymkowi
and Horvath opposed.) Councilman Taylor then made a motion to pass the ordinance, as amended,
seconded by Councilman Kopczynski. The ordinance passed by a roll call vote of six ayes (Council
Serge, Miller, Parent, Taylor, Kopczynski and Nemeth), two nays (Councilmen Szymkowiak and Horvat
and one absent (Councilman Newburn).
There being no further business, unfinished or new, to come before the Council, Councilman Parent
made a motion that the meeting be adjourned, seconded by Councilman Miller. The motion carried
and the meeting adjourned at 11:40 p.m.
ATTEST:
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