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HomeMy WebLinkAbout07-23-73 Council Meeting Minutes+++++++++++++++++++++++++++++++++++++++ ++++"++++++++++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++ MEETING JULY 23, 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, July 23, 1973, at 7:07 p.m., Council President Peter J. Nemeth presiding. The meeting was called to order and the Pledge to the Flag was given. CALL PRESENT: Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth. ABSENT: None. (REGULAR MEETING (CONTINUED) Councilman Horvath made a motion to resolve into the Committee of the Whole, seconded by Councilman Miller. The motion carried. COMMITTEE OF THE WHOLE MEETING Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on Monday, July 23, 1973, at 7:08 p.m., with nine members present. Chairman Odell Newburn presided. ORDINANCE AN ORDINANCE TRANSFERRING THE SUM OF $72,711.00 FROM VARIOUS ACCOUNTS IN THE FEDERAL ASSISTANCE PROGRAM FA -2, "DRUG ABUSE PROGRAM ", TO ACCOUNT 266, "OTHER CONTRACTUAL SERVICES ", ALL ACCOUNTS BEING WITHIN THE DRUG ABUSE PROGRAM, DEPARTMENT OF HUMAN RESOURCES AND ECONOMIC DEVELOPMENT. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Walter Lantz, Chief Deputy Controller, made the presentation for the ordinance. He briefly explained that, on April 23, the Council passed an ordinance appropriating $110,801 for the Drug Abuse Program, and that the proposed ordinance before the Council at this time was merely a transfer of funds within the accounts. He explained that it had been originally intended that the Mental Health Center administer the program; however, it had been determined it would not be workable to put the employees of the Center on the city's payroll and purchase the necessary medical supplies. He indicated that the program would be operated under a contract with the Mental Health Center. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, questioned the trans- fer of funds within the accounts. She asked if the city would still retain control over the funds. Mr. Lantz indicated that the contract would specify a particular amount of money in the various accounts and the contract would be entered into for the total amount of the ordinance ($110,801). Miss Guthrie indicated that the difference between the original ordinance and the transfer would be around $38,000. Mr. Lantz indicated that this was the amount set up in the "Services Contractual" account. Miss Guthrie asked if the Mental Health Center would bill the city, and Mr. Lantz indicat that it would. He stressed the fact that the total amount of the ordinance was not being changed. Miss Guthrie asked about equipment, and Mr. Lantz indicated that the purchase would involve one motor vehicle and some office equipment which would be the property of the city. Mr. James Wensits, Reporter for the South Bend Tribune, asked how much money would be used for the methadon, and Mr. Lantz indicated that $15,885 was appropriated for medical supplies. He introduced Mr. Dale King, Administrator for the Northern Indiana Drug Abuse Services, and Mr. King indicated that $20,000 would be needed to operate the clinic and this amount would be matched with federal funds and could goon for three to four years. He indicated that the rest of the money would be used to establish a residential treatment center. Mrs. Lee Swan, 2022 Swygart, indicated that the use of methadon ha bad results and disadvantages. She felt the Council would be subsidizing an addicted narcotic. Sh indicated that methadon and heroin were similar drugs and the only difference was that heroin was illegal and methadon was not. The dangers and side affects of the drugs are the same. She indicat that the success rate of the methadon program is based upon the number of retentions within the pro gram. She also stated that there are methadon addicts who have never touched heroin. She cited cases of parents being on methadon and having the drug in their homes and their children taking the drug and the results were death, and other instances of pregnant mothers on the drug and their children being addicted when born. Councilman Parent indicated that the issue before the Council was merely whether or not the transfer of the funds should be made. He indicated that the funds for the program had already been appropriated. Councilman Taylor indicated that he agreed with Councilman Parent, and he further indicated that, from his viewpoint, at least the methadon clinic would take the addict off the streets and put him into a program that might possibly cure him. Chairman Newburn indicated that the Council was out of order. He indicated that the Council was conducting a hearing on the transfer of funds and not the disadvantages of methadon. He asked that comments pertain to the proposed ordinance. Mrs. Swan asked that the councilmen read the informa- tion she had presented to them regarding methadon. Councilman Taylor asked if counseling and psychiatry was also included in the program, and Mr. King indicated that it was. Councilman Serge made a motion that the ordinance go to the Council as favorable, seconded by Councilman Parent. The motion carried. ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPRO- PRIATION IN THE AMOUNT OF $400.00 FROM THE GENERAL FUND TO ACCOUNT L -34, "FILM AND BLUEPRINTING ", IN THE ENGINEERING DEPARTMENT BUDGET, SAID ACCOUNT BEING WITHIN THE GENERAL FUND. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Rollin Farrand, Director of the Department of Public Works, made the presentation for the ordinance. He explained that the Engineering Departmen has been printing plans and maps within the department for sale to the public. He indicated that the account was depleted and it was necessary that funds be put back into the account. He indicate that the money coming in from the sale of the plans and maps does not go back into the L -34 account Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, commended the Engineering Department. Councilman Kopczynski made a motion that the ordinance go to the Council as favorable, seconded by Councilman Serge. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $10,000.00 FROM THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC WORKS PRO- GRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC WORKS. . Rollin Farrand, Director of the Department of Public Works, requested that the ordinance be thdrawn. Councilman Miller made a motion that the ordinance be withdrawn, seconded by Councilman pczynski. The motion carried. REGULAR MEETING -TTTT.Y 23 1973 COMMITTEE OF THE WHOLE MEETING (CONTINUED) ORDINANCE AN ORDINANCE FIXING THE ANNUAL PAY OF POLICEMEN FOR THE CALENDAR YEAR 1974. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Police Chief Robert Urban made the presentation for the ordinance. He explained that the 1974 raise for personnel within the department and civilian employees would amount to $200. He indicated that the department had employed 254 active police officers, 36 cadets, 26 civil employees, 5 meter maids and 61 crossing guards for a total of 383 employees. He concluded by indicating that the increase for salaries would amount to $76,600. Mr. Maurice Cohen, 725 East Eckman, indicated that he could not understand the $200 increase in the salaries. He mentioned that Gary, Indiana, was able to give their employees a 12% increase and Mishawaka employees received a $400 increase. He mentioned that it was proposed that some city officials receive a $2,000 increase and the dedicated policemen only get $200 and risk their lives (daily. He indicated that this did not make any sense. He stated that the $200 would not even absorb the cost of living. He felt the money was available and should be given in increased salary and he stated that $30,000 for one particular office could be divided among the Police Department employees. He stated that the demand upon the men was very great and the price for food and other items was the same for the policemen and the officials and the policemen do not have their cars furnished. Mrs. Ann Wlodarski, 1869 Riverside Drive, indicated that she was a member of the St. Joseph County Fair Tax Association and a retired property owner and she desired to speak as a retired property owner. Her suggestion was to eliminate the Department of Safety and divide those funds among the policemen who are needed to protect the citizens and their homes. She felt the policemen were badly needed and there were not enough men. She concluded by indicating that the crime situation has not decreased since the creation of the Department of Safety. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, quoted from a letter of the Board of Directors of the Civic Planning Association, which board recommended that all full -time executiv and employees be treated similar and receive the $200 increase with part -time employees receiving an increase proportionate to their hours of work. She presented the letter to the City Clerk. Councilman Horvath indicated that the Council had received the proposed budget for consideration, and the Council's only power was to cut salaries and not raise them. He indicated that the Council had been informed that the money was not available for higher increases. He regretted that. Councilman Serge indicated that he hoped the policemen and new recruits would appreciate the Council's position. He indicated that it could only work from the proposals given to it. He could not understand why South Bend could not come up with a better increase in salaries. He felt the services would be rendered if the police officers were happy. Councilman Szymkowiak indicated that he sympathized with the firemen and policemen and other city workers; however, the city's tax base was frozen and there was nothing the Council could do. He indicated that he would like to see the employees get paid a living wage. Councilman Parent indicated that the Council did not know how much money they had to work with because the assessment on properties was not known. He stated that, if the federal revenue sharing funds were not available, the situation would be worse. He concluded that the councilmen agreed that the $200 was a ridiculous figure; however, at the present time, it was all that could be given. Councilman Miller made a motion that the ordinance go to the Council as favorable, seconded by Councilman Horvath. The motion carried. ORDINANCE AN ORDINANCE FIXING THE ANNUAL PAY OF FIREMEN FOR THE CALENDAR YEAR 1974. 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 indicated that the raise for the firemen was the same figure as in the ordinance for the policemen. He indicated that no presentation was necessary and, if the Council requested an explanation, it would ask for it. Mr. Carl Zwierzynski, President of the Local Fire Fighters, indicated that the cost of living was up about 8 %. He stated that the Wage Committee for the Fire Fighters proposed a 5.5% raise and the proposed ordinance only reflects a 2% raise. He mentioned disparity in pay, and stated that he could not understand why there was disparity between the policemen and firemen. Regarding Councilman Horvath's statement about the Council not having the power to raise the salaries, Mr. Zwierzynski indicated that one year ago, the Council had raised some wages. Mr. Maurice Cohen, 725 East Eckman, indicated that the Council could have raised the proposals before they were incorporated into the ordinance and filed. He stated that sympathy on the part of the councilmen would not give the policemen or firemen one penny. He talked briefly on the increases in the price of food and other goods. Mr. John Nelson, 915 Emerson Avenue, indicated that he was chairman of the wage committee and last year, he had been promised that disparity between the policemen and firemen would end. He wondered what had happened to that promise. Mr. Paul Bognar, 805 West Washington Avenue, indicated that the Council did have the power to change the ordinance if desired Mr. George Scallions, 610 California Avenue, indicated that he has worked for nine years for the Street Department and started at $1.65 an hour. He indicated that, if it was not for the Police and Fire Departments, there would not be a city; however, he also indicated that the Street Department was needed to plow and clear and maintain the streets in order for the policemen and firemen to do their jobs. He indicated that the Street Department employees work very hard in all kinds of weather and he could not understand why some officials should be entitled to a $2,000 increase and the rest of the employees only entitled to $200. He pleaded with the Council that it help the workers. Mrs. Janet Allen, 125 West Marion Street, wondered why the policemen and firemen were getting the "small end of the line ". She felt it was because there was so many of them. She felt they had been neglected over the years. She stated that it was the duty of the Council to set the salaries for the policemen and firemen and the duty of the administration was to advise. She felt the inequities would be eliminated if this was done. She felt the policemen and firemen should be encouraged as much as possible and that the city could not afford to have them the lowest paid. Dr. Helen Calvin, 103 South Eddy, indicated that what the city needed was good employees who could feed themselves and would not have to beg. She felt all the money that was being sent to Washington was not necessary. She stated that now the city had to beg to get some of that money back. She felt local government should stand up to the people in Washington because something had to be done. Mr. Dennis DeBuysser, 1221 East Victoria, wondered if the Council could legally raise the salaries, if revenue sharing funds still existed and had to be used in 1973 or if they could be used to raise the salaries. He felt that much of the revenue sharing money was going into accounts where it was not needed. Chairman Newburn indicated that the answer to Mr. DeBuysser's questions was "yes ". Mr. DeBuysser indicated that he hoped the revenue sharing funds could be used for that purpose. Council President Nemeth indicated that he wanted to clarify the right of the IICOMMITTEE OF THE WHOLE MEETING (CONTINUED) Council to raise salaries. He stated that state law gives the Council the right to raise or lower police and fire salaries; however, the Council does not have the right of raising the salaries of other employees. He indicated that the Council must take into consideration the fact of where the money would be coming from. He indicated that the budget increase is 1.4 million dollars and the salaries were only a part of that. He stated that an exact figure is not known at the present time and that the increase in the tax revenues would be approximately $400,000. He also indicated that the Council did not like the $200 increase; however, it was the best that could be done under the circumstances. He pointed out that, last year, the policemen and firemen received adequate wages from the Council. Councilman Parent indicated that the decision to give a raise of $200 was not made by the Council. He stated that he would like to be able to give more than the $200, and he added that he hoped the city would not lose good employees because of the low increase. He was hopeful that, next year, the city would be able to give its employees more. Councilman Szymkowiak indicated that he had been against disparity between the policemen and firemen for as long as he ha been on the Council. He recommended that the firemen go on a 56 -hour work week, and he concluded that, if the money was available, a higher increase would be given. Chairman Newburn indicated that he knew the $200 increase was not sufficient for the working man. He felt a serious look should be given the top echelon. He did not agree that a man with a substantial salary should be given more than the blue collar worker. He felt some money was not being allocated properly. Councilman Miller.made a motion that the ordinance go to the Council as favorable, seconded by Council President Nemeth. The motion carried. (Chairman Newburn opposed.) II nRnTNAWR AN ORDINANCE FIXING THE MINIMUM AND MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 1974. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mayor Miller made the presentation for the ordinance. He stated that he did not believe that any of the raises for 1974 for the employees were adequate. He indicated that the councilmen could have had the opportunity to learn about the raises if they had attended the caucus held for that reason. He indicated that the proposed ordinance included 35 additional employees over the 1973 budget; however, there are only 1,488 persons employed, less than in the past. He stated that, on July 1, 1974, the city would lose 58 employees from the Emergency Employment Program. He stated that he would like to make an explana- tion as far as each increase was concerned. He stated that the City Clerk would explain the increa for her employees. He indicated that the city's recommendation was made about four weeks ago after the County Council rejected the option tax. He indicated that, with the tax, it was estimated South Bend would receive $790,000 additional money to operate for 1974. Without the tax, it was estimated South Bend would receive $300,000 to $350,000 from assessed valuation increases. He did not know if that figure was correct. He mentioned that a budget had been presented to him that amounted to a three and one -half million dollar increase, and he stated that he did not ask the department heads to determine which programs have priorities. He stated that it was the Council's duty to do that. He indicated that the budget must be cut from 1.4 million dollars to between $700,000 and $750,000. He stated that it was not fair to ask the citizens to pay the option tax and not benefit from it. Mayor Miller then proceeded to explain some of the salary increases. He indicated that the Chief Deputy City Attorney's salary was being increased $1,000'because of the amount of time involved in annexation cases. He explained that, last year, the salaries of the cabinet officials were cut, and he was recommending that the Director of the Department of Human Resources receive $17,000 for the 1974 salary. He briefly talked about the need for a park naturalist at Rum Village Park at a salary of $8,750, and that-the salary for the Senior Citizens Director should only reflect a $200 increase. Because of the new downtown mall, a foreman was pro- posed at $3,150. He further explained that the dog catcher position was needed in order to help solve the problem in the community and this was why the position was being retained. He indicated that there would be two positions at $3,500. He recommended that the position of General Foreman at $4.63 per hour at the Municipal Services Facility be deleted and the position of Maintenance Supervisor be established at an annual salary of $12,000. He mentioned that, in the Solid Waste Department, the engineer and foreman were in the revenue sharing budget and should be accepted full time by the city budget. He explained that the position of Meter Reader I was set at $2,883 for 1973 and there was a $200 increase. He indicated that this was a full -time position. He mentioned his secretary's proposed increase to $9,000 and indicated that the Legislative Assistant for the Council at $15,000 was a new position. He indicated that the increases were slight and, in July, the city would have employed around 1,400 employees. He explained that the budget of 1.4 million dollars was not cut to $700,000 because of many items needed; however, with the Council's recommen- dation, he was hopeful the budget could be cut. He explained that the Lilly Foundation was doing a study on fiscal management and South Bend was involved in the study. He indicated that one of the remarks made concerning the study was that it was wondered how a city could operate without knowing how much money would be available. Mayor Miller was apologetic because of the slight increase in the salaries. He indicated that, when the city had control over additional revenue, a cost of living increase would be given and would be made up for in 1974. He indicated that, last year, 532% was recommended because of the guidelines set by the president. He explained that, today the guidelines were the same; however, the city did not have the money to follow those guidelines. He commended the Council on cutting certain programs in order to give a raise in 1974. He stated that, if the General Assembly did not make some changes, there would be less money in 1974 than at present. He explained that the city's tax rate is frozen for the next four years and the only increase available is the assessed valuation of the community. He did not think all the revenue sharing funds should be used for increases in salaries because at some future time the taxpayer would have to pick that up. Regarding the Civic Center, he explained that, if the city did not pay for it out of revenue sharing money, the contributions would have to be received in other ways. He stated that the taxpayers are benefiting because revenue sharing money was being used. He indicated that the Council has cooperated 100% and the Controller's Office had done a fine job in the preparation of the salary figures. He also mentioned that he was disappointed with the increases; however, the city must live by its state legislation. He indicated that he would go along with whatever changes the Council proposed. Mr. Michael Lawrence, representing the Teamsters Local 364, indicated that the union represented 350 members employed by eight bureaus of the City of South Bend and the Park Department. He indicated that the union's agreement expired May 30, 1973, and agreement was reached on all issues except wages. He indicated that the membership has rejected the $200 increase and proposed-that the matter be submitted to arbitration, which proposal was refused. He quoted portions of articles appearing recently in the South Bend Tribune relating to the cost of living and increases. On REGULAR MEETING JULY 23 1973 COMMITTEE OF THE WHOLE MEETING (CONTINUED) May 22, 1973, an article appeared regarding President Nixon's Phase III economic controls and it stated that the cost of living had increased at an annual rate of 9.2 %. On June 7, 1973, the wholesale price index took a jump of 2.1% over April. On June 21, 1973, the rise in the cost of living in May worked out to an annual rate of 7.2 %, and in July, an article appeared regarding the increase in farm products. Mr. Lawrence indicated that he was aware of the fiscal problems of the Council and the city, he realized the option tax was not adopted by the County Council and he also realized the needs of the city were enormous; however, he indicated that other Indiana cities were able to provide a more realistic wage increase. He indicated that the following cities were con- sidering the following increases: Richmond .. ............................... 6% Mishawaka ................................ 5% and up St. Joseph County Highway Department ..... 5% St. Joseph County Park Department ........52% and up Fort Wayne ... ............................15� per hour Terre Haute .. ............................12� to 15� per hour Michigan City ............................ 7% Evansville ... ............................52% and up He wondered why South Bend could not do the same. He quoted a portion of Mayor Miller's 1972 annual report referring to the establishment of the Department of Human Resources and Economic Development. He felt that the administration and the Council had failed in its responsibility to the 1,475 city employees. He stated that the only real tool the workers possess is the right to strike and that had been denied them. He referred to portions of a report entitled "Collective Bargaining in American Government" which referred to the establishment of a special board to work at such a time as was present. He concluded by indicating that the union would like that fact - finding concept considered by the Council at some later date. Mr. Maurice Cohen, 725 East Eckman, talked briefly about the Street Department employees. He felt the city was not allocating funds properly, and he referred to the increase in the Mayor's secretary's salary and the cabinet officials' increases. He felt nepotism, favortism and patronage should not be taken into consider tion. Mrs. Irene Gammon, City Clerk, explained her reasons for the increases proposed for the positions of Chief Deputy and Deputy. She indicated that, at the time the budgets were submitted, the department heads were asked to leave the salaries blank. She indicated that she had tried to receive some guidance regarding the salary increases but had not received any. She stated that, at this time, she would not want her employees to receive a greater increase than was being given to other city employees and she hoped the Council would reduce the salaries of her workers in line with other employees. Chairman Newburn referred to the remark made by the Mayor regarding the absence of the councilmen at the salary caucus meeting by stating that he would have attended the meeting; however, he had been involved with contract negotiations at AM General Corporation. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, indicated that when pri- vate business must cut back, the rest of the people must work more. She mentioned that it was difficult to tell exactly what the total increase in the budget would be. She wondered how many people were employed in the various positions and talked about reduction of employees. She indicated that, as of May 1, 1974, the County Council would again consider the option tax and, at that time, it might become effective. She stated that many people in the community were not even getting a cost of living increase. Mrs. Lee Swan, 2022 Swygart, referred to the increase proposed for the Mayor's secretary and some cabinet members. She indicated that the Mayor's secretary has a secretary, to which much of the work is "shuffled ", along with a great deal -of work being referred to the Mayor's Action Line. She indicated that it is not easy to obtain the right infor- mation from that center. She indicated that, in increasing some of the salaries of the cabinet officials, considering the fringe benefits, it amounts to $20,000. Mr. John Braboy, Chief Steward in the Street Department, indicated that $200 was not a sufficient increase. He indicated that, after deductions, a person could not even live on that. He indicated that he takes home only $195 every two weeks, and he concluded by indicating that he was working for nothing. Mr. Lucian Szymanski, 810 South Lake Street, quoted a statement from the St. Joseph County Wage and Salary Committee regarding the proposed city salary increases. Mr. Larry Cook, 1510 Johnson Street, indicated that about 90% of the firemen in the union voted for a strike, and he mentioned that the E men mean what they say. He stated that they could not live on what they are taking home. He con- cluded by stating that the firemen get paid for what they know, not who they know. Mr. Maurice Cohen, 725 East Eckman, referred to the position of Legislative Assistant to the Council for $15,0 He indicated that state senators and representatives were in South Bend, and he questioned why this position was needed when the policemen and firemen could not even get a decent raise. He question c the position of dog catcher and indicated that the animal problem should be handled by the Humane Society because it is receiving funds from the city. He indicated that he appreciated the fact that Mrs. Gammon had decreased the salaries of her employees from the proposed amount. He also mentioned that he wondered if the citizens were aware that the City Controller received a salary o $15,000 and also received $2,000 from being a member of the Water Works Commission. He also state that cars are furnished to the cabinet members in many cases. He questioned the payroll of the Water Department. Mrs. Janet Allen, 125 West Marion Street, also questioned the position of dog catcher and indicated that the Humane Society was taking care of the problem and it was covered through the Model Cities programs in that area. She concluded by indicating that the only equitable thing to do was to give all employees a $200 increase. Mayor Miller indicated that the Water Department budget was presented and would be again. He mentioned that there was a decrease in payroll in that department. A gentleman employed by the Street Department indicated that the city could not.survive without that department, and he felt it was just as important to South Bend as its police and fire protection. Council President Nemeth made a motion to amend the ordinance by deleting the position of General Foreman at the Municipal Services Facility and inserting the position of Maintenance Supervisor at a rate of $12,000, seconded by Councilman Kopczynski. The motion carried. Council President Neme i then made a motion to amend the ordinance further as follows: Chief Deputy City Attorney ........ Director, Human Resources ................. Superintendent of Parks ................... Recreation Planner ........................ Senior Citizens Director .................. Director, Public Safety ................... Secretary I ......... Accounting Clerk I ........................ Stenographer I ............................ $ 7,571 16,200 15,950 12,000 5,015 15,200 4,500 Minimum 5,000 Minimum 4,500 Minimum REGULAR MEETING JULY 23, 1973 IICOMMITTEE OF THE WHOLE MEETING (CONTINUED) Clerk I . ............................... $ 4,500 Minimum Stock 'Clerk I .......................... 6,400 Minimum Auditor I .............................. 7,800 Minimum Mayor's Secretary ...................... 7,179 Chief Deputy City Clerk ................ 8,000 Deputy City Clerk ...................... 6,940 Legislative Assistant .................. 12,000 Councilman Parent seconded the motion. The motion carried. Council President Nemeth asked if there had been an error in the salary of the Senior Citizens Assistant Director, and Mr. James Seitz, Superintendent of Parks, explained that it had been an hourly -rated job and was now being made a salaried job. Council President Nemeth also asked about the Director, and Mr. Seitz indicated it was the same situation. Council President Nemeth then made a motion to change the amended salary of the Senior Citizens Director of $5,015 back to the proposed amount of $5,106, seconded by Councilman Parent. The motion carried. Councilman Kopczynski spoke briefly on the creation of the Maintenance Supervisor position at the Municipal Services Facility, indicating that it was a needed position because there are not men available to do this type of work. He explained it would be a new position with more responsibili and he also indicated that it was doubtful the city could even hire anyone at that salary. He mentioned that, sometimes the salaries look high, but when an experienced person is wanted to fill a position, the salary is often not enough. Councilman Miller talked briefly about the policemen' raise and the increase of 24 additional men because the demand for increased police protection is great. He indicated that this has a great effect on the budget, and he indicated that this was where some of the additional or "non- additional" money was going. Councilman Miller made a motion to take a recess, seconded by Councilman Kopczynski. The motion carried. Recessed at 8:55 p.m. Reconvened at 9:20 p.m. (Council President Nemeth made a motion that the ordinance go to the Council as favorable, as amended, seconded by Councilman Kopczynski. The motion carried. There being no further business to come before the Committee of the Whole, Council President Ne made a motion to rise and report to the Council, seconded by Councilman Kopczynski. The motion carried. ATTEST: r A CITY CLERK IIREGULAR MEETING - RECONVENED ATTEST: CHA Be it remembered that the regular meeting of the Common Council of the City of South Bend, Indiana, reconvened in the Council Chambers at 9:21 p.m., Council President Peter J. Nemeth presiding and nine members present. IIREPORT FROM THE COMMITTEE ON MINUTES To the Common Council of the City of South Bend: Your committee on the inspection and supervision of the minutes, would respect- fully report that they have inspected the minutes of the July 9, 1973, regular meeting of the Council and found them correct. They, therefore, recommend that the same be approved. s/ Peter J. Nemeth I lCouncilman Kopczynski 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. IIREPORT FROM 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). IIREPORT FROM THE COMMITTEE ON PUBLIC WORKS To the Common Council of the City of South Bend: Your committee on Public Works to whom was referred 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 respectfully.report that they have examined the matter and that in their opinion they recommend the Council act favorably on the above ordinance. s/ Frank Horvath Chairman Councilman Horvath made a motion that the ordinance be set for public hearing and second reading August 13, 1973, seconded by Councilman Taylor. The motion carried. REPORT FROM THE COMMITTEE ON ORDINANCES To the Common Council of the City of South Bend: Your committee on Ordinances to whom was referred an Ordinance amending Ordinance No. 4990 -68, as amended, commonly known as the Zoning Ordinance of the City of South Bend, REGULAR MEETING REGULAR MEETING - RECONVENED (CONTINUED) Indiana (Chapter 40, Municipal Code) - 3027 McKinley Avenue, respectfully report that they have examined the matter and.that in their opinion they recommend the Council act unfavorably on the above ordinance. s/ Peter J. Nemeth Chairman Council President Nemeth indicated that the Council would take action on the ordinance in the second reading portion of the meeting. REPORT FROM AREA PLAN COMMISSION (408 South 30th Street) The Honorable Common Council City of South Bend County -City Building South Bend, Indiana July 18, 1973 In Re: A proposed ordinance and site development plan of Walter W. Landis, D.O., et al, to zone from "A" Residential to "B" Residential, property located at 408 South 30th Street, City of South Bend. Gentlemen: The attached rezoning petition of Walter W. Landis, D.O., et al, was legally advertised July 7, 1973, and July 14, 1973. The Area Plan Commission gave it a public hearing July 17, 1973, at which time the following action was taken: "Roger Parent moved the petition be unfavorably recommended to the Common Council as he felt cities should carefully conserve the integrity of residential neighborhood and use strong means to preserve and protect them. His motion was seconded by Elmer Mitchell and carried. The petition of Walter W. Landis to zone from "A" Residential to "B" Residential is unfavorably recommended to the Common Council by the Area Plan Commission." 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. RSJ /ch attach. Very truly yours, s/ Richard S. Johnson Executive Director Councilman Taylor made a motion that the ordinance be set for public hearing and second reading on August 13, 1973, seconded by Councilman Miller. The motion carried. RT FROM THE DIRECTOR OF THE DEPARTMENT OF LAW Mr. Thomas Connaughton, Deputy City Attorney, spoke about the enforcement of city ordinances. He indicated that prosecution is initiated by arrest or city ordinance. Upon arrest, the report is sent to the attorney's office and the individual is arraigned before a judge. At that time, if the individual pleads guilty, the fine is paid. If the individual pleads not guilty, the matter is set for trial. Mr. Connaughton indicated that most of the complaints by citizens had to do with noises such as barking dogs. He indicated that, when that is the case, a letter is sent to the owner of the dog notifying him of the complaint and instructing him to take care of the problem. Regarding the parking program, Mr. Connaughton explained that this involved a more vigorous enforcement pro- gram which has recently been initiated. This program is being handled through the City Clerk's Office and involves a system set up for citizens who receive a summons to settle out of court when a parking violation occurs. Regarding the trash collection, Mr. Connaughton indicated that the Departments of Law, Safety and Public Works are involved in various aspects. In the Safety Department, there is an environmental control officer who checks out the complaint and takes a picture of the area. The owner and address is determined and a letter is sent which states that thi matter must be rectified within 48 hours or the owner will be subject to prosecution. A second inspection is made of the premises about five days later. If the matter is not cleared up, it is referred to the Department of Law and Department of Public Works. Council President Nemeth thanked Mr. Connaughton for his presentation. ITION (AMENDED) TO REZONE PROPERTY (4134 Lincolnway West) We, the undersigned, do hereby respectfully make application and petition the Common Council of the City of South Bend to amend the Zoning Ordinance of the City of South Bend as hereinafter requested, and in support of this application, the following facts are shown: 1. The property sought to be rezoned is located at 4134 Lincolnway West, South Bend, Indiana. 2. The property is owned by Eugene J. McGarvey, Jr. and Keith E. Vial. 3. A legal description of the property is as follows: Part of the Southeast Quarter (1/4) of the Southwest Quarter (1/4) of Section Thirty -three (33), Township Thirty -eight (38) North, Range Two (2) East, described as beginning at a point Five Hundred Ninety -seven and Three Tenths (597.3) feet West of the Southeast corner of the Southwest Quarter of Section Thirty -three (33), Township and Range aforesaid, thence West Four Hundred Seventy -two and Two Tenths (472.2) feet; thence North Five Hundred Twenty -nine and Nine Tenths (529.9) feet to the South line of Lincoln Way West or U.S. Highway 20, said line being the South line of a One Hundred (100) foot right -of -way; thence South Sixty -eight (68) degrees, Thirty (30) minutes East along said South line a distance of Three REGULAR MEETING JULY 23, 1973 (REGULAR MEETING - RECONVENED (CONTINUED) Hundred Seventeen and Fifty -three Hundredths (317.53) feet; thence South a distance of One Hundred Fifty (150) feet; thence Southeasterly parallel to the South line of Lincoln Way West, a distance of One Hundred Ninety -three and Seventeen Hundredths (193.17) feet; thence South One Hundred Eighty -four and Six Tenths (184.6) feet to the place of beginning, excepting therefrom a strip of land Forty (40) feet wide, North and South, taken off the entire length of the South side for right =of -way purposes, said strip of land being the North Half (1/2) of Edison Road, in St. Joseph County, Indiana. Consisting of 3.64 acres. Except 175 feet in depth north and south off the entire south end of the above described tract, beginning at the center line of Elwood.Avenue. 120 feet in depth off the North end of the tract is zoned c- Commercial, and the balance of the property is presently zoned B- Residential. 4. It is desired and requested that the foregoing property be rezoned from "B" Residential Use and "A" Height and Area District to "C" Commercial Use and "E" Height and Area District. 5. It is proposed that the property will be put to the following use and the following building will be constructed: A Ponderosa Steak House Restaurant and off - street parking. 6. Number of off - street parking spaces to be provided: approximately 113. 7. Attached is a copy of (a) an existing plot plan showing my property and other surrounding properties; (b) names and addresses of all the individuals, firms or corporations owning property within 300 feet of the property sought to be rezoned; (c) site development plan. Petition prepared by: Eugene J. McGarvey, Jr. s/ Eugene J. McGarvey, Jr. Petitioner 215 West Superior Street Kokomo, Indiana 46901 S/ Keith E. Vial Petitioner 4404 Rosewood Drive Kokomo, Indiana (Council President Nemeth indicated that action would be taken on the petition when the ordinance was given first reading. IIORDINANCES, SECOND READING IIORDINANCE NO. 5548 -73 AN ORDINANCE TRANSFERRING THE SUM OF $72,711.00 FROM VARIOUS ACCOUNTS IN THE FEDERAL ASSISTANCE PROGRAM FA -2, "DRUG ABUSE PROGRAM ", TO ACCOUNT 266, "OTHER CONTRACTUAL SERVICES ", ALL ACCOUNTS BEING WITHIN THE DRUG ABUSE PROGRAM, DEPARTMENT OF HUMAN RESOURCES AND ECONOMIC DEVELOPMENT. This ordinance had second reading. Councilman Serge 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). IIORDINANCE NO. 5549 -73 AN ORDINANCE FOR AN ADDITIONAL APPRO- PRIATION IN THE AMOUNT OF $400.00 FROM THE GENERAL FUND TO ACCOUNT L -34, "FILM AND BLUEPRINTING ", IN THE ENGINEERING DEPARTMENT BUDGET, SAID ACCOUNT BEING WITHIN THE GENERAL FUND. This ordinance had second reading. Councilman Parent made a motion that the ordinance pass, seconded by Councilman Kopczynski. The ordinance passed by a roll call vote of nine ayes (Council - men Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE AN ORDINANCE APPROPRIATING $10,000.00 FROM THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC WORKS PRO- GRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC WORKS. This ordinance had second reading. Councilman Taylor made a motion to strike the ordinance from the files, seconded by Councilman Miller. The motion carried. ORDINANCE NO. 5550 -73 AN ORDINANCE FIXING THE ANNUAL PAY OF POLICEMEN FOR THE CALENDAR YEAR 1974. This ordinance had second reading. Councilman Horvath made a motion that the ordinance pass, seconded by Councilman Miller. The ordinance passed by a roll call vote of six ayes (Councilmen Miller, Parent, Taylor, Kopczynski, Horvath and Nemeth) and three nays (Councilmen Serge, Szymkowiak and Newburn). REGULAR MEETING REGULAR MEETING - RECONVENED (CONTINUED) ORDINANCE NO. 5551 -73 AN ORDINANCE FIXING THE ANNUAL PAY OF FIREMEN FOR THE CALENDAR YEAR 1974. This ordinance had second reading. Councilman Horvath made a motion that the ordinance pass, seconded by Councilman Miller. The ordinance passed by a roll call vote of eight ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath and Nemeth) and one nay (Councilman Newburn). ORDINANCE NO. 5552 -73 AN ORDINANCE FIXING THE MINIMUM AND MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 1974. This ordinance had second reading. Councilman Kopczynski made a motion to amend the ordinance by deleting the position of General Foreman at the Municipal Services Facility at the rate of $4.63 per hour and inserting the position of Maintenance Supervisor at the annual salary for 1974 of $12,000, seconded by Councilman Parent. The motion carried. Councilman Miller then made a motion to amend the ordinance further as follows: Chief Deputy City Attorney ................ Director, Human Resources ................. Superintendent of Parks ................... Recreation Planner ...................... Director, Public Safety ................... Secretary I ............................... Accounting Clerk I ........................ Stenographer I ............................ Clerk I . ............................... Stock Clerk I ............................. Auditor I .. ............................... Mayor's Secretary ......................... Chief Deputy City Clerk ................... Deputy City Clerk ......................... Legislative Assistant ..................... $ 7,571 16,200 15,950 12,000 15,200 4,500 Minimum 5,000 Minimum 4,500 Minimum 4,500 Minimum 6,400 Minimum 7,800 Minimum 7,179 8,000 6,940 12,000 Councilman Kopczynski seconded the motion. The motion carried. Councilman Kopczynski then made a motion that the ordinance pass, as amended, seconded by Councilman Taylor. The ordinance passed b] a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). 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 second reading. Councilman Kopczynski made a motion that the ordinance pass, seconded by Council President Nemeth. The ordinance was defeated by a roll call vote of five nays (Councilmen Szymkowiak, Miller, Parent, Taylor and Horvath) and four ayes (Councilmen Serge, Kopczynski, Newburn and Nemeth). RESOLUTIONS RESOLUTION NO. 377 -73 A RESOLUTION FINDING AND ADJUDGING THAT THE FINANCING OF FACILITIES FOR GREAT NORTHERN DISTRIBUTORS, INC. BY THE ISSUANCE BY THE CITY OF SOUTH BEND, INDIANA, OF ITS ECONOMIC DEVELOPMENT REVENUE BONDS PERTAINING TO SUCH FACILITIES FOR SUCH ENTITY WILL BE OF BENEFIT TO THE HEALTH OR WELFARE OF THIS MUNICIPALITY, AND APPROVING THE FINANCING THEREFOR. WHEREAS, the Common Council of the City of South Bend, Indiana, heretofore has created the South Bend Economic Development Commission, hereinafter referred to as "Commission ", pursuant to the provisions of the Municipal Economic Development Act of 1965, as amended, supplemented or added to by IC -1971, 18 -6 -4 as amended, supplemented or added to by IC -1973, 18- 6 -4.5, or any other amendments, supplements or additions thereto, hereinafter referred to as the "Act "; WHEREAS, Great Northern Distributors, Inc. has filed an application with the Commission to finance the acquisition of real estate and the construction thereon of'a warehouse (facilities) which will constitute economic development facilities resulting in a substantial number of new jobs as well as other benefits; WHEREAS, in connection therewith the Commission has prepared and placed on file a report containing the subject matter as specified in Section 16 of IC -1973, 18 -6 -4.5 and has forwarded copies thereof to the Chairman of the Area Plan Commission and to the Superintendent of the School Corporation in the area of which the facilities will be located, and has timely received favorable reports from each of them; WHEREAS, the Commission held a public hearing on the proposed financing of such facilities as of July 6, 1973, after.giving the required notice as provided for in Section 17 of IC -1973, 18- 6 -4.5; WHEREAS, the Commission at such meeting by a duly adopted written resolution, incorporated herein by reference, found that the proposed financing complies with the purposes and provisions of the Act, and approved such financing, including, but not limited to, the forms and terms of the financing agreement consisting of the Lease and Trust Indenture and the Bonds; and REGULAR MEETING JULY 23, 1973 IIREGULAR MEETING - RECONVENED (CONTINUED) WHEREAS, this Common Council of the City of South Bend, Indiana, now finds that the proposed financing of such facilities for Great Northern Distributors, Inc. will be of benefit to the health or welfare of the City of South Bend, Indiana, and that, accordingly, this resolution should be adopted. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, that: Section 1. Such financing for Great Northern Distributors, Inc., under the Act, be and the same is hereby approved. Section 2. This resolution shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. s/ Peter J. Nemeth Member of Common Council A public hearing was held on the resolution at this time. Mr. Kenneth Fedder, Attorney for the Economic Development Commission, indicated that Mr. George Rossi, President of Great Northern, and Mr. Joseph Roper, Attorney for Great Northern, were present to answer any questions the Council might have. He explained that, under the new Economic Development Act, a new procedure would be followed regarding the revenue bonds. He indicated that the Economic Development Commission now issues its own notices as to public hearings, and a public hearing had been held on July 6, 1973. He further indicated that all documents are in compliance, and Great Northern contemplates moving out to the Industrial Park, Phase III. The building to be constructed would be 29,000 square feet with an increase in payroll upwards to between 40% and 500. There would be an increase of 10 additional employees, and the new construction in the Industrial Park would provide additional tax base to the city. Councilman Parent made a motion that the resolution be adopted, seconded by Councilman Taylor. T resolution passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). IIRESOLUTION NO. 378 -73 A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE FINANCING BY THE CITY OF SOUTH BEND, INDIANA, OF ECONOMIC DEVELOPMENT FACILITIES FOR ALLIED PRODUCTS CORPORATION. WHEREAS, the South Bend Development Commission (the "Commission ") acting pursuant to IC 1971, 18 -6 -4 -1 to 18- 6 -4 -28, inclusive, as amended by IC 1971, 18- 6 -4.5 -1 to 18 -6- 4.5-28, inclusive (the "Act ") has (1) adopted a resolution no. 11 -73 finding that because of existing insufficient employment opportunities and insufficient diversification of industry, the economic welfare of the City of South Bend, Indiana (the "City ") would be benefited by the acquisition and leasing to Allied Products Corporation of economic development facilities, and (2) made a report with respect to such facilities of certain findings and determinations required by the Act; and WHEREAS,- such report has been submitted to the President and Executive Director of the Area Plan Commission of St. Joseph County, Indiana, and the president of the Board of Trustees of the South Bend Community School Corporation; and WHEREAS, in response to such report written comments from said Plan Commission and School Corporation have been filed with the Commission; and WHEREAS, after giving notice in accordance with the Act, the Commission held a public hearing on the proposed financing and adopted a resolution finding the proposed financing complies with the Act, approving the financing and approving the form and terms of the economic development revenue bonds proposed to be issued by the City to pay a portion of the cost of such facilities, lease and indenture, which resolution and other instruments and information pertaining to the proposed financing have been transmitted to the Common Council of the City by the Secretary of the Commission; and WHEREAS, the City has also caused a notice of a public hearing on the proposed financing to be given by publication on July 12, 1973, in the South Bend Tribune, a daily newspaper published and having a general circulation within said City and by posting of such notice in three public places within said City and has held a public hearing on the proposed financing at the time and place specified in such notice; NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section 1. It is hereby found by the Common Council of the City of South Bend, Indiana, that the proposed financing by the City for lease to Allied Products Corporation of economic development facilities described on Exhibits A and B to the hereinafter des- cribed Lease and Indenture will be of benefit to the economic welfare of the City. Section 2. The proposed financing involving the issuance of $3,900,000 principal amount o- Economic Development Revenue Bonds, Series 1973 (Allied Products Corporation Project) of the City for the purpose of paying a portion of the cost of such economic development facilities is hereby approved and authorized. Section 3. The revenue bonds hereby authorized shall be payable solely from the sources, shall have such terms and provisions and shall be secured as provided by the Indenture of Trust (Security Agreement) dated as of July 1, 1973, between the City and The St. Joseph Bank and Trust Company, South Bend, Indiana, an Indiana Banking Institution, as Trustee, the Lease Agreement dated as of July 1, 1973, between the City and Allied Products Corporation, as lessee, and the Official Statement of the City describing the bonds and the financing, which documents are before this Common Council REGULAR MEETING - RECONVENED (CONTINUED) and are hereby approved. The form of the Bond Purchase Agreement from the City to the Underwriters therein named and the form of the Indemnity Letter from Allied Products Corporation to the City and the Underwriters, copies of which are also before this Common Council, are also hereby approved. Section 4. This resolution shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Presented by: s/ Roger Parent Councilman Adopted in Open Council this 23rd day of July, 1973. s/ Peter J. Nemeth Attest: President s/ Irene K. Gammon City Clerk Presented by me to the Mayor of the City 'of South Bend, Indiana, this 24th day of July, 1973. s/ Irene K. Gammon City Clerk Approved by me, the Mayor of the City of South Bend, Indiana, this 26th day of July, 1973. Attest: s/ Irene K. Gammon City Clerk STATE OF INDIANA ) ) -ss. COUNTY OF ST. JOSEPH) s/ Jerry J. Miller Mayor I, the undersigned, hereby certify that I am the duly qualified and acting City Clerk of the City of South Bend, St. Joseph County, Indiana, and as such official I further certify that attached hereto is a true and correct copy of Resolution No. 378 -73 as adopted by the Common Council of said city on July 23, 1973. 1973. WITNESS my official signature and the seal of the said city this 24th day of July, (SEAL) s/ Irene K. Gammon City Clerk A public hearing was held on the resolution at this time. Mr. Kenneth Fedder, Attorney for the Economic Development Commission, indicated that Mr. Orrin Downs, Manager of Allied Products, was present to answer any questions the Council might have. He indicated that this project would be the largest bond issue in the amount of $3,900,000. He indicated that all documents are in com- pliance and a public hearing was held on July 16. He mentioned that this was for the purchase of additional press equipment, and there would be a minor form of construction to the existing faci- lities with the majority of the money being spent for additional equipment. He stated that 100 to 125 additional employees would be needed and, at present, the firm employed 850 persons on three shifts. He also indicated that the additional equipment would be brought into the community and is presently being installed. Mrs. Janet Allen, 125 West Marion, questioned the title of the resolu- tion pertaining to the wording "financing by the City of South Bend ". Councilman Miller felt the title pimply followed the proper form. Mr. Fedder indicated that he did not think there was a conflict in the usage of the words and that everything was covered in the body of the resolution and the documents for the issuance of the bonds. He explained that none of the bond projects are considered a legal obligation of the city, according to the statutes. Councilman Parent made a motion to amend the title of the resolution as follows: A Resolution of the City of South Bend, Indiana, approving the issuance of Economic Development Revenue Bonds (Series 1973) of the City of South Bend for economic development facilities for Allied Products Corporation. Councilman Taylor seconded the motion. Mr. Fedder indicated again that he did not think it was necessary to amend the title. Councilman Taylor could see nothing wrong with it, and Council President Nemeth indicated that the statutes read that the city approves the financing of the bond: The motion was withdrawn. Councilman Serge 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. 379 -73 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING THE FOURTH YEAR CONTRACTS OF THE CITY OF SOUTH BEND'S COMPRE- HENSIVE DEMONSTRATION PROGRAM. WHEREAS, the Common Council of the City of South Bend passed Resolution Number 371 -73 approving the fourth year of the Comprehensive Demonstration Program and authorizing the execution of a Grant Agreement with the United States of America; and WHEREAS, Section 1 of that resolution states that "The application for the Program is hereby approved subject to approval of all contracts by the Common Council." REGULAR MEETING JULY 23 1973 REGULAR MEETING - RECONVENED (CONTINUED) NOW, THEREFORE, BE IT RESOLVED by the Common Council: that the Council will interpose no objections or additions to the contracts developed by the Comprehensive Demonstration Program. This resolution shall be in full force and effect from and after its passage by the Common Council and its approval by the Mayor. s/ Roger 0. Parent Member of Common Council A public hearing was held on the resolution at this time. Mr. Hollis Hughes, Model Cities Director, explained that, on April 23, 1973, the Council approved the fourth year program and the issuance of the contract. Included in that resolution was a requirement for approval of all con- tracts by the Council. Mr. Hughes indicated that a total of 14 projects was involved for a total amount of $777,254. The projects pertain to the areas of economics, social services, manpower, education, physical recreation and citizen participation. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, asked for a further explanation of the projects. Mr. Hughes indicated that all contracts had been approved in the transitional plan and that the applicz tion was approved subject to all contracts being approved by the Council. Mr. Hughes indicated thi documents relating to the program had previously been furnished to the Council members and Miss Guthrie. Miss Guthrie asked if this project was to be in one area, and Mr. Hughes indicated that it was basically in the Model Cities area but it would be city -wide with the contracts to start August 1, 1973, and run until June 30, 1974. Councilman Kopczynski asked if Miss Guthrie had been provided the information regarding the contracts, and Mr. Hughes indicated that she had. Miss Guthrie apologized. Councilman Szymkowiak made a motion that the resolution be adopted, seconded by Councilman Parent. The resolution passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). RESOLUTION NO. 380 -73 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING THE URBAN RENEWAL PLAN TOGETHER WITH THE PRO- POSED AMENDMENTS THERETO AND MINOR PLAN CHANGES AND THE FEASIBILITY OF RELOCATION FOR THE CENTRAL DOWNTOWN PROJECT NUMBER IND. R -66. .WHEREAS, Department of assistance to jects; and under the provisions of Title I of the Housing Act of 1949, as amended, the Housing and Urban Development Administrator is authorized to provide financial Local Public Agencies for undertaking and carrying out urban renewal pro- WHEREAS, it,is provided in such Act that contracts for financial aid thereunder shall require that_the Urban Renewal Plan for the respective project area be approved by the governing body of the locality in which the project is situated and that such approval include findings by the governing body that: (1) the financial aid to be provided in the contract is necessary to enable the project to be undertaken in accordance with the Urban Renewal Plan; (2) the Urban Renewal Plan will afford maximum opportunity, consistent with the sound needs of the locality as a whole, for the rehabilitation or redevelopment of the urban renewal area by private enterprise; (3) the Urban Renewal Plan conforms to a general plan for the development of the locality as a whole; and (4) the Urban Renewal Plan gives due consideration to the provision of adequate park and recreational areas and facilities, as may be desirable for neighborhood improvement, with special consideration for the health, safety, and welfare of children residing in the general vicinity of the site covered by the Plan; and WHEREAS, the City of South Bend Department of Redevelopment (herein called the "Local Public Agency "), has entered into a planning contract for financial assistance under such Act with the United States of America, acting by and through the Secretary of Housing and Urban Development, pursuant to which Federal funds were provided for the urban renewal project (herein called the "project "), identified as "Central Downtown Project" and encompassing the area bounded by a line drawn as follows: Beginning at a point formed by the intersection of the north ROW line of LaSalle Avenue and the west ROW line of Main Street; thence south along the west ROW line of Main Street to the north ROW line of Washington Street to the west ROW line of Lafayette Boulevard; thence south along the west ROW line of Lafayette Boulevard to the south ROW line of Jefferson Boulevard; thence east along the south ROW of Jefferson Boulevard to the west ROW line of Main Street; thence south along the west ROW line of Main Street to the south ROW line of Monroe Street; thence east along the south ROW line of Monroe Street to the west ROW line of Monroe Street to the west ROW line of Fellows Street; thence south along the west ROW line of Fellows Street to the south ROW line of Monroe Street; thence east along the south ROW line of Monroe Street and proceeding in a northeasterly direction along said ROW line to the center of the St. Joseph River; thence proceeding in a northwesterly direction along the center of the St. Joseph River to the north ROW line of LaSalle Avenue; thence west along the north ROW line of LaSalle Avenue to the west ROW line of Main Street which is the point of beginning. in the City of South Bend, State of Indiana (herein called the "Locality "); and WHEREAS, the Local Public Agency has applied for additional financial assistance under such Act and proposed to enter into an additional contract or contracts with the Department of Housing and Urban Development for the undertaking of, and for making available additional financial assistance for the Project; and WHEREAS, the Local Public Agency has made detailed studies of the location, physical condition of structures, land use, environmental influences, and the social, cultural, and economic conditions of the Project area and has determined that the area REGULAR MEETING - RECONVENED (CONTINUED) is a blighted area and that it is detrimental and a menace to the safety, health, and welfare of the inhabitants and users thereof and of the Locality at large, because of the presence of blighted structures and the lack of adequate community improvements, and the members of this Governing Body have been fully appraised by the Local Public Agency and are aware of these facts and conditions, and that further detailed studies and surveys have shown that certain structures originally scheduled for rehabilitation have been proven not feasible for rehabilitation and should be added to the acquisition list. Due to the changing market conditions governing land use, certain land use provisions should be changed in order to update the Urban Renewal Plan in accordance with these current market conditions and update plan studies; and WHEREAS, there has been prepared and referred to the Common Council of the Locality (herein called the "Governing Body ") for review and approval certain revised pages to the Urban Renewal Plan for the Project area, dated November 15, 1967; and WHEREAS, the Urban Renewal Plan and the amendments and minor plan changes proposed by those certain pages presented at this meeting have been approved by the Governing Body of the Local Public Agency, as evidenced by the copy of said Body's duly- certified resolu- tion approving the Urban Renewal Plan and said amendments and minor plan changes which resolution and which revised pages are attached thereto; and WHEREAS, a general plan has been prepared and is recognized and used as a guide for the general development of the Locality as a whole; and WHEREAS, the Area Plan Commission of St. Joseph County, which is the duly- designated and acting official planning body for the Locality, has submitted to the Governing Body its report and recommendations respecting said Urban Renewal Plan and said amendments and minor plan changes for the Project area and has certified that said Urban Renewal Plan and said amendments and minor plan changes conform to the said general plan for the Locality as a whole, and the Governing Body has duly considered said report, recommendation, and certification of the planning body; and WHEREAS, the Urban Renewal Plan and said amendments and minor plan changes for the Project area prescribe certain land uses which the Project area will require, among other things, changes in zoning, the vacating and removal of streets, alleys, and other public ways, the establishment of new street patterns, the location and relocation of sewer and water mains and other public facilities, and other public.action; and WHEREAS, the Local Public Agency has prepared and submitted a program for the relo- cation of individuals and families that may be displaced as a result of carrying out the Project in accordance with said Urban Renewal Plan and said amendments and minor plan changes; and WHEREAS, there have also been presented to the Governing Body information and data respecting the relocation program which have been prepared by the Local Public Agency as a result of studies, surveys, and inspections in the Project area and the assembling and analysis of the data and information obtained from such studies, surveys, and inspections; and WHEREAS, the members of this Governing Body have general knowledge of the conditions prevailing in the Project area and of the availability of proper housing in the Locality for the relocation of individuals and families that may be displaced from the Project area and, in the light of such knowledge of local housing conditions, have carefully considered and reviewed such proposals for relocation; and WHEREAS, it is necessary that the Governing Body take appropriate official action respecting the relocation program and said Urban Renewal Plan and said amendments and minor plan changes for the Project, in conformity with the contracts for financial assist- ance between the Local Public Agency and the United States of America acting by and through the Department of Housing and Urban Development Administrator; and WHEREAS, the Governing Body is cognizant of the conditions that are imposed in the undertaking and carrying out of urban renewal projects with Federal financial assistance under Title I, including those prescribing discrimination because of race, color, creed, sex or national origin: NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend: 1. That it is hereby found and determined that the Project is a blighted area and qualifies as an eligible Project area under the Redevelopment of Cities and Town Act of 1953, as amended. 2. That the Urban Renewal Plan and the amendments and minor plan changes thereto proposed presented at this meeting for the Project aforementioned, having been duly reviewed and considered, and hereby approved, and the City Clerk be and is hereby directed to file copies of said Urban Renewal Plan and said amendments and minor plan changes with the minutes of this meeting. 3. That it is hereby found and determined that the objectives of the Urban Renewal Plan and the proposed amendments and minor plan changes cannot be achieved through more extensive rehabilitation of the Project area, and that the additional acquisition proposed should be accomplished. 4. That it is hereby found and determined that said Urban Renewal Plan and said amendments and minor plan changes for the Project area conform to the general plan of the Locality. 5. That it is hereby found and determined that the financial aid provided and to be provided pursuant to the contract for Federal financial assistance pertaining to the Project is necessary to enable the Project to be undertaken in accordance with the Urban Renewal Plan and the proposed amendments and minor plan changes for the Project area. REGULAR MEETING JULY 23, 1973 11REGULAR MEETING - RECONVENED (CONTINUED) 6. That it is hereby found and determined that the above- mentioned Urban Renewal Plan and the proposed amendments and minor plan changes for the Urban Renewal Area will afford maximum opportunity, consistent with the sound needs of the Locality as a whole, for the urban renewal of such areas by private enterprise. 7. That it is hereby found and determined that the Urban Renewal Plan and the proposed amendments and minor plan changes for the Urban Renewal Area give due consideration to the provision of adequate park and recreational areas and facilities, as may be desirable for neighborhood improvement, with special consideration for the health, safety, and welfare of children residing in the general vicinity of the site covered by the Plan. 8. That it is hereby found and determined that the program for the proper relocation of individuals and families displaced in carrying out the Project in a decent, safe, and sanitary dwelling in conformity with acceptable standards is feasible and can be reasonably and timely effected to permit the proper prosecution and completion of the Project, and such dwellings or dwelling units available or to be made available to such displaced individuals and families are at least equal in number to the individuals and families, are not generally less desirable in regard to public utilities and public and commercial facilities than the dwellings of the displaced individuals and families in the Project area, are available at rents or prices within the financial means of the individuals and families, and are reasonably accessible to their places of employment. 9. That in order to implement and facilitate the effectuation of the Urban Renewal Plan and the proposed amendments and minor plan changes hereby approved, it is found and determined that certain official action must be taken by this Body with reference, among things to changes in zoning, the vacating and removal of streets, alleys, and other public ways, the establishment of new street patterns, the location and relocation of sewer and water mains and other public facilities, and other public action, and accordingly, this.Body hereby (a) pledges its cooperation in helping to carry out such Urban Renewal Plan as amended by those certain pages presented at this meeting; (b) requests the various officials, departments, boards, and agencies of the Locality having administrative responsibilities in the premises likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with said Urban Renewal Plan as amended by those certain pages presented at this meeting; and (c) stands ready to con- sider and take appropriate action upon proposals and measures designed to effectuate said Urban Renewal Plan as amended by those certain pages presented at this meeting. 10. That additional financial assistance under the provisions of Title I of the Housing Act of 1949, as amended, is necessary to enable the land in the Project area to be renewed in accordance with the Urban Renewal Plan and the proposed amendments and minor plan changes for the Project area and, accordingly, the filing by the Local Public Agency of an application or applications for such financial assistance under said Title I is hereby approved. SUBMITTED, for consideration this 18th day of July, 1973. s/ Roger O. Parent Councilman A public hearing was held on the resolution at this time. Mr. C. Wayne Brownell explained that the property in question ran along the St. Joseph River. On January 8, 1973, the Department of Housin< and Urban Development froze all low -cost housing and 200 units had been planned. He indicated tha• the freeze is still in effect. It had been suggested that an update be made on the land use plan, and it was recommended that the city limit the apartments and increase the office space. He con - cluded that the change would be the addition of ten properties and the deletion of thirteen proper. ties. Mrs. Janet Allen, 125 West Marion, asked if the Water Works Building was included in the project. Mr. Brownell explained that the building was included for planning purposes only. Mrs. Allen asked about the heating plant behind the Morris Civic Auditorium, and Mr. Brownell indicated that it was not intended to acquire that property at this time. He indicated that appraisals were made because they were required by HUD. Mrs. Allen felt the project was "risky" if it was not known for sure which properties would be eliminated. Mr. Brownell indicated that the planning is done many years ahead. Councilman Parent made a motion that the resolution be adopted, seconded by Councilman Szymkowiak. The resolution passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCES, FIRST READING ORDINANCE NO. 5553 -73 AN ORDINANCE APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE AND ECONOMIC DEVELOPMENT REVENUE BONDS AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO GREAT NORTHERN DISTRIBUTORS, INC. This ordinance had first reading. Councilman Kopczynski made a motion to suspend the rules and have a public hearing and second reading on the ordinance, seconded by Councilman. Horvath. The motion carried by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). Council President Nemeth indicated that an REGULAR MEETING - RECONVENED (CONTINUED) explanation was not necessary as the ordinance pertained to the resolution passed by the Council, which resolution had a public hearing and explanation. The ordinance had second reading. Councilman Taylor made a motion that the ordinance pass, seconded by Councilman Kopczynski. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE NO. 5554 -73 AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF $3,900,000 ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 1973 (ALLIED PRODUCTS CORPORATION PROJECT) OF THE CITY OF SOUTH BEND, INDIANA, FOR THE PUR- POSE OF ACQUIRING INTERESTS IN REAL ESTATE, MACHINERY, EQUIPMENT AND RELATED PROPERTY COM- PRISING ECONOMIC DEVELOPMENT FACILITIES FOR LEASE AND SALE TO ALLIED PRODUCTS CORPORATION; AUTHORIZING EXECUTION OF THE LEASE; PROVIDING FOR AN INDENTURE OF TRUST APPROPRIATE FOR THE PROTECTION AND DIS- POSITION OF SUCH REVENUES; AUTHORIZING AN OFFICIAL STATEMENT WITH RESPECT TO SAID BONDS; AND AUTHORIZING THE SALE OF SAID BONDS. This ordinance had first reading. Councilman Kopczynski made a motion to suspend the rules and have a public hearing and second reading on the ordinance, seconded by Councilman Newburn. The motion carried by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). Council President Nemeth indicated that an explanation was not necessary as the ordinance pertained to the resolution passed by the Council, which resolution had a public hearing and explanation. The ordinance had second reading. Council man Newburn made a motion that the ordinance pass, seconded by Councilman Kopczynski. The ordinan passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE NO. 5555 -73 AN ORDINANCE AMENDING CHAPTER 2, ADMINISTRATION, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND. This ordinance had first reading. Councilman Horvath made a motion to suspend the rules and have a public hearing and second reading on the ordinance, seconded by Councilman Parent. The motion carried by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). Council President Nemeth indicated that the ordinance merely changed the regular meeting time of the Council from 8:00 p.m. to 7:00 p.m. Councilman Parent made a motion to amend the ordinance by capitalizing the word "chambers" in the second line of Section 2 -4, seconded by Councilman Kopczynski. The motion carried. The ordinance had second reading. Councilman Kopczynski made a motion that the ordinance pass, as amended, seconded by Councilman Horvath. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO. 4990 -68, CHAPTER 40 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, FORMERLY REFERRED TO AS ZONING ORDINANCE NO. 3702, AS AMENDED - 4134 Lincolnway West (Amended). This ordinance had first reading. Councilman Taylor made a motion that the petition and ordinance be referred to the Area Plan Commission, seconded by Councilman Parent. The motion carried. ORDINANCE AN ORDINANCE FOR THE TRANSFER OF FUNDS WITHIN THE MOTOR VEHICLE HIGHWAY BUDGET IN THE AMOUNT OF $4,000.00 BETWEEN VARIOUS ACCOUNTS, ALL ACCOUNTS BEING WITHIN THE MOTOR VEHICLE HIGHWAY BUDGET. This ordinance had first reading. Councilman Kopczynski made a motion that the ordinance be set for public hearing and second reading on August 13, 1973, seconded by Councilman Miller. The mot carried. ORDINANCE AN ORDINANCE APPROPRIATING $25,000.00 FROM THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC SAFETY PROGRAMS, TO BE ADMIN- ISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC SAFETY. This ordinance had first reading. Councilman Parent made a motion that the ordinance be set for public hearing and second reading on August 13, 1973, seconded by Councilman Kopczynski. The moti carried. ORDINANCE AN ORDINANCE APPROPRIATING THE SUM OF $32,195.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND (RETENTION BASIN CONSTRUCTION). This ordinance had first reading. Councilman Taylor made a motion that the ordinance be set for public hearing and second reading on August 13, 1973, seconded by Councilman Kopczynski. The mot carried. PRIVILEGE OF THE FLOOR Mr. Carl Zwierzynski, President of the Local Fire Fighters, indicated that Councilman Miller had previously stated that the addition of 24 policemen would reflect an increase in the budget. He asked about the decrease of 17 men. He stated that the exact number of men was not known. Counci President Nemeth indicated that, at the present time, the Council was only setting salaries and no REGULAR MEETING JULY 23, 1973 IIREGULAR MEETING - RECONVENED (CONTINUED) budgeting. Mr. Zwierzynski indicated that he hoped the Council would pass an ordinance that would provide for the filling of the position of a policeman or fireman within 30 or 60 days after the death of that individual, to be retroactive to January, 1973. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, indicated that she felt this would be an administra- tive function. She felt the administration should be made aware of the request and she questioned making the ordinance retroactive to January, 1973. Councilman Parent indicated that he felt such an ordinance could be prepared and presented to the Council for action. He stated that there were 17 slots unfilled in the Fire Department at the present time. He indicated to Mr. Zwierzynski tha he would check into the issue with him and, if he supported such an ordinance, he would vote for its passage. Councilman Horvath indicated that the Council passed the ordinances and that the pre paration of the ordinances should be up to the administration. He stated that the number of men o the department was not the issue. Mrs. Janet Allen, 125 West Marion, asked about the status of the noise ordinance. Councilman Kopczynski made a motion to direct the City Clerk to write a letter to the City Attorney inquiring about the ordinance, seconded by Councilman Parent. The motion carried. Mr. Dennis DeBuysser, 1221 East Victoria, indicated that the Council had stated that it was not known what the incoming revenue would be for 1974. He asked if it would be possible to raise the salaries if an over - abundance of revenue was received by the city. Council President Nemeth indicated that state law requires that the salary ordinances be set before the end of July and could not be changed. Councilman Parent indicated that perhaps if it was known there would be over - estimate of incoming revenue before adoption of the budget, the Council could work in the of fringe benefits for its employees. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, wondered how many men were needed in the Fire Department and which slots it an ar we to be filled. Mr. DeBuysser indicated that the Fire Chief had also requested additional personnel.) 11UNFINISHED BUSINESS Councilman Kopczynski, Chairman of committee had completed its work, tion be set for public hearing and The motion carried. II NEW BUSINESS the Historical Preservation Committee, indicated that his and he made a motion that the ordinance on historical preserva- second reading on September 10, seconded by Councilman Parent. Council President Nemeth indicated that the Council was to make an appointment to the South Bend Public Transportation Corporation. Councilman Szymkowiak made a motion to re- appoint Mr. John Kasprzak to the South Bend Public Transportation Corporation, seconded by Councilman Kopczynski. The motion carried. It was indicated that Mr. Kasprzak had done a fine job during his first term with the corporation. Council President Nemeth requested the City Clerk to notify Mr. Kasprzak and arrange to have him sworn in. Councilman Serge briefly talked about the problem the older citizens have at the Plaza Apartments when receiving their pension checks and not being able to cash them immediately. He suggested tha the Police Department provide service to the residents of the apartment by transporting them to a bank. Councilman Kopczynski felt it would be more appropriate to ask the bus company to look into the matter. He indicated that the Police Department is over - burdened. Councilman Serge indicated that he had approached Police Chief Urban, and the chief had indicated that he could render the service. Council President Nemeth indicated that he felt Chief Urban should contact the Council regarding the matter. Councilman Miller made a motion that the August 13th Council meeting be scheduled at 7:00 p.m., seconded by Councilman Kopczynski. The motion carried. There being no further business to come before the Council, unfinished or new, Councilman Parent made a motion that the meeting be adjourned, seconded by Councilman Kopczynski. The motion carri and the meeting adjourned at 10:27 p.m. ATTEST: AP O D CITY CLERK MESIDENT +++++++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + +.... # +f -- ....+++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++