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REGULAR MEETING
SEPTEMBER 10, 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, September 10, 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 Serge made a motion to resolve into the Committee of the Whole, seconded by Councilman
Taylor. 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, September 10, 1973, at 7:06 p.m., with nine members present. Chairman Odell
Newburn presided.
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 being the time heretofore set for public hearing on the above ordinance, proponents and,
opponents were given an opportunity to be heard. Mr. Douglas Carpenter, Planner for the Area Plan
Commission, explained that the ordinance was coming back to the Council because there had been an
amendment regarding the legal description. He stated that the Area Plan Commission had acted upon
the amended ordinance and approved it; however, through some error, the amended ordinances had
never been filed in the Clerk's Office, and the Council had, therefore, passed the unamended
ordinance.
Councilman Szymkowiak made a motion that the ordinance go to the Council as favorable, seconded by
Councilman Taylor. The motion carried.
ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68,
AS AMENDED, COMMONLY KNOWN AS THE ZONING
ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA
(CHAPTER 40, MUNICIPAL CODE) - 150 WEST ANGELA
BOULEVARD.
s
This being the time heretofore set for public hearing on the above ordinance, proponents and
opponents were given an opportunity to be heard. Mr. Jack C. Dunfee, Jr., Attorney at Law, 645
First Bank Building, indicated that he was representing the petitioners, Mr. and Mrs. Armand Rigau:
He explained that the petition was not for the purpose of rezoning the property but merely to amen(
the site development plan that had been previously approved by the Common Council in 1970. He
indicated that the property was, at one time, a church and had been converted into a doctor's offi(
At present, it was necessary to add on a 950 -foot addition to the east of the property. He pre-
sented a site plan to the Council and explained the amendment to the plan. He stated that the
parking lot would remain the same, but the curbing would be moved in order to pick up two addi-
tional spaces. He indicated that there would be added an additional dry well which had been appro`
by the City Engineering Department, and that five spaces for parking would be leased from the
Little League Association which was authorized by the ordinance. He explained that the lease form
had been approved by the Area Plan Commission. Mr. Dunfee concluded that there had been no remon-
strances filed against the project.
Councilman Szymkowiak expressed concern about the lease with the Little League and asked what
would happen should the lease expire or the Little League decide not to lease the area in the futu
Mr. Dunfee indicated that there was an agreement covering this and it would be in effect for an
indefinite term.
Councilman Kopczynski made a motion that the ordinance go to the Council as favorable, seconded by
Councilman Taylor. The motion carried.
ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING
CHAPTER 21 OF THE CITY CODE OF SOUTH BEND,
INDIANA, 1971, ALSO KNOWN AS ORDINANCE NO.
4990 -68, AS AMENDED, AND GENERALLY KNOWN AS
THE ZONING ORDINANCE OF THE CITY OF SOUTH
BEND, INDIANA, AS AMENDED, BY ADDING PROVISIONS
RELATIVE TO HISTORIC PRESERVATION.
This being the time heretofore set for public hearing on the above ordinance, proponents and
opponents were given an opportunity to be heard. Councilman Parent indicated that, as the Council'
representative to the Area Plan Commission, he would make the presentation for the ordinance. He
made a motion that the ordinance be amended as follows:
COMMITTEE OF THE WHOLE MEETING (CONTINUED)
Section II, Item 1. Membership to read:
a. Not later than 30 days after the effective date of this Ordinance, a non-
partisan Historic Preservation Commission of nine (9) members shall be
appointed, all of whom shall be interested and knowledgeable in historic
.preservation in the local area. The membership shall be appointed as
follows:
The Mayor and the Common Council of the City of South Bend and
the Council and Board of Commissioners of St. Joseph County
shall each appoint two (2) at -large members, designating not
more than one (1) member from any major political party and
giving consideration to persons residing in areas having historic
significance; and
The eight (8) members appointed above shall in turn appoint the
ninth member, who shall be an architectural historian.
b. The members of the Historic Preservation Commission shall serve without
compensation for terms of three (3) years, provided, however, that the
initial appointments shall be made for staggered terms, as follows:
The Mayor and the Common Council of the City of South Bend and
the Council and the Board of Commissioners of St. Joseph County
shall each make one (1) appointment for a term of one (1) year
and one (1) appointment for a term of two (2) years; and
The ninth member shall be appointed for a term of three years.
C. If a vacancy occurs by resignation or otherwise, the unexpired term
shall be filled within 30 days of such vacancy by the appropriate
appointing body.
Delete the word "architectural" as it relates to renderings on applications under
Item 2. Powers and Duties, paragraph d (4).
Delete the word "extreme" as it relates to hardship under Item 2. Powers and Duties,
paragraph d (6). Also under Item 2, paragraph d (5), delete 90 days and insert 45 days.
IlCouncilman Kopczynski seconded the motion. The motion carried.
Councilman Parent indicated that, originally the ordinance had been written with the idea that the
county would also pass a similar ordinance. He explained that this had been done, and that the
amendments made to the ordinance merely made the Historic Preservation Commission a nine - member
board rather than seven members. He indicated that the members would be appointed by the Mayor
and Common Council, and the County Council and Board of Commissioners. He briefly outlined the
powers the Historic Preservation Commission would have: (a) acquiring and accepting real estate,
interests in real estate, personal property or monies for the purpose of historic preservation and
the disposition thereof; (b) advising the Common Council and the Area Plan Commission concerning
designation of historic landmarks and the preservation districts; (c) establishing standards for
preservation of landmarks; (d) developing historic preservation plans and administering and
implementing said plans; (e) promoting public interest; (f) advising and assisting the property
owners concerning the historic landmarks. Councilman Parent concluded by indicating that the
community was in need of such an ordinance, and he indicated that various persons and interest
groups desired to comment on the subject.
Mr. F. Jay Nimtz, 511 West Colfax Avenue, indicated that he was a member of the St. Paul's Methodi:
Church at the corner of LaPorte and Colfax. He stated that the building was of great historical
value and the church wished to preserve it and the surrounding area. He indicated that his office
building was of historic value also and was in the same area. Mr. Nimtz stated that he also wantec
to speak as President of Southhold Restorations, which group consisted of a membership of 1,000
persons with a great deal of interest in historic preservation. He felt there was an interest in
the community on historic preservation, and he urged that the ordinance be passed by the Council.
Professor Donald Sporleder, 511 West Colfax Avenue, indicated that South Bend was fortunate to have
the resources given to it by the past generations. For that reason, he felt these resources shoulc
be preserved. He indicated that the proposed ordinance before the Council would be the instrument
which would enable the citizens to do that. He introduced Ruth Price, Vice President of Southhold
Restorations, who presented slides to the Council regarding the Grand Rapids experience with his-
toric preservation. She indicated that those persons in support of historic preservation were the
individuals who believed strongly, the property owners who desired to have some control over the
uses in their neighborhoods, and the city fathers who would endorse the program. Mrs. Price con-
cluded by indicating that historic preservation allows change compatible to other structures and
protects other older buildings and neighborhoods. She stated that, in Grand Rapids, it was a
little early to see if the program had worked, but that all indications pointed to a success in
that area. She urged passage of the ordinance. Mrs. Maurice Schwartz, 725 Park Avenue, indicated
that she was President of the Park Avenue Neighborhood Association, and the group she represented
desired to preserve South Bend's history. She also urged passage of the ordinance. Mr. Peter P.
Bognar, 805 West Washington Street, indicated that he had lived in that area for over 50 years and,
at one time, it had been an exclusive neighborhood. He stated that now the area was not so
desirable, but it was hoped that, with the passage of the historic preservation ordinance, the
neighborhood could again be a desirable place to live. He wanted to see the area preserved, and
he asked that the Council act favorably on the ordinance. Mrs. Mary Rathburn, 1408 Woodlawn
Boulevard, representing the Volunteers in Action of the Ladies of Notre Dame, urged passage of the
ordinance in order to preserve buildings of historical and architectural merit. Mrs. Freda Noble,
a member of Southhold Restorations, indicated that, sometimes the citizens are not aware of the
historic value of an area until it is too late. She stated that the French Quarter in New Orleans
had almost been demolished because of that. She indicated that the same thing was happening in
Quebec. She was pleased that the citizens of South Bend realized the value of the historic
buildings and the city's heritage. She expressed hope that the Council would pass. the ordinance.
REGULAR MEETING SERME BER in 197-3
COMMITTEE OF THE WHOLE MEETING (CONTINUED)
Councilman Taylor indicated that he, too, supported the ordinance. He stated that the project had
been very well organized, and he felt it was heartwarming to see the citizens so interested in
their surroundings. He complimented them for that. Councilman Kopczynski, Chairman of the Counci
Historic Preservation Committee, thanked the members for their diligence and work. He was hopeful
that soon private funds would be available for the project, and he recommended that the ordinance
go to the Council as favorable. Councilman Miller requested an opinion regarding the liability of
the city and the commission regarding the acceptance and disposition of real estate, etc. Mr.
James Roemer, City Attorney, indicated that he had also questioned that fact. He felt the city
would be liable. He stated that, if the Council acted in the same manner as for the Civic Center
project, certain controls would be reserved to the Council. He expressed concern about a piece of
property being accepted by the commission and the city becoming liable. Councilman Miller asked
about tax -free gifts, and Mr. Roemer indicated that he felt that, since the commission was a legal
entity, gifts would qualify the donor to a charitable contribution. Councilman Miller indicated
that the county had also adopted an ordinance, and he wondered if the city ordinance would take
precedence. Mr. Douglas Carpenter, Planner for the Area Plan Commission, indicated that each
jurisdiction has power. He stated that the county would have authority only in the limits the
city does not control. Councilman Miller asked if the City of Mishawaka was included in the
ordinance. Mr. Carpenter was of the opinion that Mishawaka was preparing a separate ordinance.
Mrs. Price indicated that this was strictly a zoning procedure. Mr. Nimtz stated that the items
within the corporate city would come to the Council and those within the county would go to the
county. He stated that the City of Mishawaka could join in with the county. He also indicated
that the county ordinance had been made to coincide with the city ordinance. He also indicated
that there would be no objection to using the same paragraph regarding the city's liability as was
incorporated in the Civic Center project and the creation of the Civic Center Authority. Councilm�
Miller indicated that there was a demand among the citizens for historic preservation and he was
in favor of the ordinance, although he had some concern about funding the program. He realized,
however, that one step must be taken at a time, and he was hopeful that private donations would be
available in the future. Councilman Szymkowiak indicated that he was also in favor of the ordinani
He complimented the parishes and churches for their interest in historic preservation.
Councilman Taylor made a motion that the amended ordinance go to the Council as favorable, seconde,
by Councilman Kopczynski. The motion carried.
ORDINANCE AN ORDINANCE AMENDING CHAPTER 20, VEHICLES AND
TRAFFIC, OF THE MUNICIPAL CODE OF THE CITY OF
SOUTH BEND, INDIANA.
This being the time heretofore set for public hearing on the above ordinance, proponents and
opponents were given an opportunity to be heard. Mr. Rollin Farrand, Director of the Department
of Public Works, explained that parking meters were requested on William Street from LaSalle to
Western, Jefferson from William to Taylor, and Lafayette from LaSalle to Marion.
Councilman Serge made a motion that the ordinance go to the Council as favorable, seconded by
Councilman Horvath. The motion carried.
ORDINANCE AN ORDINANCE FOR THE TRANSFER OF FUNDS WITHIN
THE POLICE DEPARTMENT BUDGET IN THE AMOUNT OF
$5,500.00 FROM ACCOUNT P -12, "SERVICES PERSONAL"
TO ACCOUNT 724, "RADIO EQUIPMENT ", BOTH ACCOUNTS
BEING WITHIN THE POLICE DEPARTMENT BUDGET OF THE
GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA.
This being the time heretofore set for public hearing on the above ordinance, proponents and
opponents were given an opportunity to be heard. Mr. Robert Urban, Police Chief, made the presen-
tation for the ordinance. He explained that the transfer was necessary in order to purchase four
pieces of radio equipment to complement the new radio system. He stated that the purchase of the
equipment would eliminate the cost of having an independent contractor "certify" each of the radio;
in accordance with an FCC requirement. Council President Nemeth asked if a letter of explanation
had been submitted regarding the transfer, and Chief Urban indicated that he had written a letter
on the subject. Councilman Kopczynski asked about the amount of money that would be saved by the
city and he wondered how many years this service had been done on the outside. Chief Urban stated
that the work has always been done on the inside within the department and that, with the new high
frequency, this would be warranted. Councilman Miller asked if there was equipment in the shop
that would handle the frequency, and Chief Urban indicated that there was not. Councilman Miller
asked about grant money being used for the project, and Chief Urban indicated that the Criminal
Justice Planning Grant monies were not available for this item. Councilman Miller asked if the
Council would have a chance to look at the re- programming all at one time. Mr. James Barcome,
City Controller, indicated that the transfer of funds would save a considerable amount of money
on the new frequency. He also stated that the work could be done by Mr. Hunt within the radio shot
Councilman Kopczynski asked about the length of time that the equipment would be considered usable
and not obsolete. Chief Urban stated that for at least 17 years the present frequency has not beer
changed, and he was hopeful that the new equipment would be usable for a long time.
Councilman Serge made a motion that the ordinance go to the Council as favorable, seconded by
Councilman Szymkowiak. The motion carried.
ORDINANCE AN ORDINANCE AUTHORIZING THE EXECUTION OF
A LEASE AND TRUST INDENTURE AND ECONOMIC
DEVELOPMENT REVENUE BONDS AND THE FORM AND
TERMS OF THE LEASE AND TRUST INDENTURE AND
BONDS AND THE ISSUANCE OF ECONOMIC DEVELOPMENT
REVENUE BONDS PERTAINING TO A. H. CHOITZ &
COMPANY, 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, made the presentation for the ordinance. He explained that the bonds wo
finance the construction of a new plant on State Road #2, and he filed with the City Clerk a wai
of annexation. He further explained that 15 new jobs could be created by the expansion and the
company would have a spending power of approximately $150,000. He introduced Mr. Warren McGill,
REGULAR MEETING SEPTEMBER 10 1973
.. u
COMMITTEE OF THE WHOLE MEETING (CONTINUED)
the attorney representing A. H. Choitz & Company. Mr. McGill indicated that the firm has been an
established firm for many years and that the city's tax base would be increased by the issuance of
the bonds. Councilman Szymkowiak asked if the firm was located in South Bend, and Mr. McGill
indicated that it was leasing out of the city because it could not relocate within the city.
Councilman Szymkowiak was of the opinion that the firms desiring the use of the revenue bonds shout
be located within the City of South Bend or, at least, consideration should be given to moving intc
the city. Mr. Fedder indicated that the bonds are authorized in order to keep a company within the
locality. He stated that the city was benefiting from this even though the firm might perhaps be
located outside the city limits.
Councilman Parent made a motion that the ordinance go to the Council as favorable, seconded by
Councilman Taylor. The motion carried.
ORDINANCE AN ORDINANCE AUTHORIZING THE EXECUTION OF
A LEASE AND TRUST INDENTURE AND ECONOMIC
DEVELOPMENT REVENUE BONDS AND THE FORM AND
TERMS OF THE LEASE AND TRUST INDENTURE AND
BONDS AND THE ISSUANCE OF ECONOMIC DEVELOPMENT
REVENUE BONDS PERTAINING TO FBT BANCORP, 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, made the presentation for the ordinance. He explained that FBT Bancorp
was located in South Bend and had almost left the city at one time. He explained that, through
the efforts of the Economic Development Commission, the company would now be located in the Airport
Industrial Park. He stated that the firm is presently leasing area in South Bend. He indicated t<
the Council that an amendment to the ordinance was in order and that the bonds were to be issued
for a period not to exceed fifteen years' duration rather than fourteen years as the ordinance
indicated.
Council President Nemeth made a motion to amend the ordinance as indicated by Mr. Fedder, seconded
by Councilman Parent. The motion carried. Councilman Miller then made a motion that the amended
ordinance go to the Council as favorable, seconded by Councilman Taylor. The motion carried.
ORDINANCE AN ORDINANCE AUTHORIZING THE EXECUTION OF
A LEASE AND TRUST INDENTURE AND ECONOMIC
DEVELOPMENT REVENUE BONDS AND THE FORM AND
TERMS OF THE LEASE AND TRUST INDENTURE AND
BONDS AND THE ISSUANCE OF ECONOMIC DEVELOPMENT
REVENUE BONDS PERTAINING TO ED J. LUTHER
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. Chairman Newburn indicated that this ordinance
was similar to the preceding revenue bond ordinances. There were no comments or questions.
Councilman Taylor made a motion that the ordinance go to the Council as favorable, seconded by
Councilman Kopczynski. The motion carried.
ORDINANCE AN ORDINANCE AUTHORIZING THE EXECUTION OF
A LEASE AND TRUST INDENTURE AND ECONOMIC
DEVELOPMENT REVENUE BONDS AND THE FORM AND
TERMS OF THE LEASE AND TRUST INDENTURE AND
BONDS AND THE ISSUANCE OF ECONOMIC DEVELOPMENT
REVENUE BONDS PERTAINING TO SINGER GENERAL TIRE,
INC.
This being the time heretofore set for public hearing on the above ordinance, proponents and
opponents were given an opportunity to be heard. Chairman Newburn indicated that this ordinance
was similar to the preceding revenue bond ordinances. There were no comments or questions.
Councilman Kopczynski made a motion that the ordinance go to the Council as favorable, seconded
by Councilman Taylor. The motion carried.
ORDINANCE AN ORDINANCE AUTHORIZING THE EXECUTION OF
A LEASE AND TRUST INDENTURE AND ECONOMIC
DEVELOPMENT REVENUE BONDS AND THE FORM AND
TERMS OF THE LEASE AND TRUST INDENTURE AND
BONDS AND THE ISSUANCE OF ECONOMIC DEVELOPMENT
REVENUE BONDS PERTAINING TO WELLS ELECTRONICS,
INC.
This being the time heretofore set for public hearing on the above ordinance, proponents and
opponents were given an opportunity to be heard. Councilman Szymkowiak indicated that he desired
a list of the firms that have been issued bonds that are located in South Bend.
Councilman Taylor 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 APPROPRIATION
OF $8,030.00 FROM THE FEDERAL ASSISTANCE
GRANT FUND, COMMONLY KNOWN AS GENERAL REVENUE
SHARING, TO ACCOUNT 722, "PROPERTIES ", OF THE
FEDERAL ASSISTANCE PROGRAM FA -5, "MOTOR VEHICLE
HIGHWAY EQUIPMENT ", TO BE ADMINISTERED BY THE
CITY OF SOUTH BEND, INDIANA, THROUGH ITS
DEPARTMENT OF PUBLIC WORKS.
This being the time heretofore set for public hearing on the above ordinance, proponents and
opponents were given an opportunity to be heard. Mr. Donald Decker, Manager of the Bureau of
Streets, made the presentation for the ordinance. He explained that the request was made for the
COMMITTEE OF THE WHOLE MEETING (CONTINUED)
purchase of a storage and distribution system for liquid calcium chloride to be used for ice con-
trol. He briefly explained the advantages of the proposed system, indicating that there would be
• cost savings to the city because the solution could be purchased at a price of only eight cents
• gallon. Council President Nemeth asked if the Mayor was proposing the ordinance appropriation,
and City Attorney Roemer indicated that he was.
Council President Nemeth asked about the expenditures that would be needed in the future regarding
the system. Mr. Decker indicated that the system called for a storage tank with a spray bath appl'
cator. He indicated that the machine was being purchased at this time. Council President Nemeth
asked where the money would come from for the purchase of the chloride, and Mr. Decker indicated
that the funds would come out of the salt account. Council President Nemeth asked if there would
be a problem incurred with the liquid freezing, and Mr. Decker indicated that the solution would
not freeze down to 59 degrees below zero. Council President Nemeth asked how the machine would
run, and Mr. Decker indicated that it would run electronically on a 110 voltage. Councilman
Kopczynski indicated that Mr. Decker would be purchasing one storage tank, and he asked about the
applicators. Mr. Decker indicated that the city's present applicators would be utilized. He
stated that all the trucks would have the applicators and two trucks would have a storage tank.
Councilman Kopczynski asked about the control of the spray because he felt the solution would caus
great damage to automobiles. Mr. Decker indicated that the control of the spray can be adjusted b
the operator. Councilman Kopczynski maintained that the spray would cause more damage than salt
because it was a quicker- acting agent. Mr. Decker defended this indicating that the wetting agent
would reduce the bounce of the salt onto the automobiles. Councilman Serge asked if the City of
Kalamazoo had been successful in the use of the chloride, and Mr. Decker indicated that they had
claimed success and a saving to the city. Councilman Serge indicated that he was in favor of this
equipment because it would save the city money. He also pointed out that, as far as damage to
automobiles was concerned, the snow routes are marked and people are aware of the streets on which
the liquid would be used. He felt that, if the chloride was a better program, the City of South
Bend should use it. Mr. Decker indicated that he was hopeful that the city could save 2,000 tons
of salt. Councilman Miller asked about the solution applicator, and Mr. Decker indicated that the
applicator was mounted on the rear of the truck. Councilman Miller asked about the number of
gallons needed, and Mr. Decker indicated that, for every ton of salt, only 10 gallons of the
chloride would be used. He further stated that, during a normal winter, the city would use 8,000
tons of salt. He indicated that last year only 6,000 tons of salt had been used because it had
been a mild winter. Councilman Taylor asked if the City of Kalamazoo had reported extensive damag
to automobiles. Mr. Decker quoted a portion of a letter written by the Director of Public Works
of the City of Davenport, Iowa, supporting the use of the solution. Council President Nemeth asked
if the solution could bring about a savings to the city of approximately 25% in the salt account,
and Mr. Decker indicated that he thought it would. Council President Nemeth asked why the equip-
ment could not be purchased through the salt account if there would be a savings rather than using
revenue sharing funds. Mr. Decker indicated that he was in the process of receiving bids on salt
and the state had maintained that salt had increased. He pointed out that he did not want to use
the money in the salt account because he could not predict if the coming winter would warrant the
use of all the money for the purchase of ice control materials. Council President Nemeth asked
how much money was appropriated in the salt account for the year, and Mr. Decker indicated that he
had a balance of $25,712.49. Council President Nemeth asked why the $8,000 for the purchase of
the new system couldn't be taken from that account. Mr. Decker indicated that, just to start off
the year, he would have to purchase 2,000 tons of salt. Councilman Miller asked about the possi-
bility of a sand solution, and Mr. Decker indicated that the only benefit the sand gives is an
abrasive agent over the ice and does not melt the ice. Councilman Miller asked about a 16,000
gallon tank, and Mr. Decker indicated that he felt the 12,000 gallon tank was sufficient. Council-
man Miller asked if the bids as received would hold, and Mr. Decker indicated that they would.
Councilman Kopczynski questioned the difference in the 16,000 and 12,000 gallon tanks and indicate
that the fiberglass tank for the 12,000 gallon tank could be easily damaged by puncture. Mr.
Decker stated that there was that possibility; however, there was also a possibility of damage to
the steel tank.
Councilman Parent made a motion that the ordinance go to the Council as favorable, seconded by
Councilman Serge. The motion carried.
ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION
AND TRANSFER OF $12,000.00 FROM ACCOUNT #11,
"SERVICES PERSONAL ", TO ACCOUNTS #221,
"SERVICES CONTRACTUAL, ELECTRIC CURRENT ",
IN THE AMOUNT OF $5,000.00; ACCOUNT #251,
"SERVICES CONTRACTUAL, REPAIRS TO BUILDINGS
AND STRUCTURES ", $2,000.00; AND ACCOUNT
#252, "SERVICES CONTRACTUAL, REPAIRS TO
EQUIPMENT ", $5,000.00; ALL IN THE GENERAL
PARK 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. James Seitz, Superintendent of the Departmen
of Public Parks, made the presentation for the ordinance. He explained that the amount of $12,000
in the Services Personal Account had originally been intended for the position of Recreation
Planner and had not been used; therefore, the request was being made to transfer the amount to the
various accounts mentioned. Mrs. Janet Allen, 125 West Marion Street, questioned the position of
Recreation Planner, and Mr. Seitz indicated that the position had been intended to be used for the
Civic Center project.
Councilman Szymkowiak made a motion that the ordinance go to the Council as favorable, seconded by
Councilman Taylor. The motion carried.
ORDINANCE AN ORDINANCE APPROPRIATING INTEREST EARNED
FROM THE PURCHASE OF CERTIFICATES OF
DEPOSIT OUT OF THE PROCEEDS OF THE 1972
PARK DISTRICT BONDS TO THE PARK DISTRICT
BOND CONSTRUCTION FUND IN THE AMOUNT OF
$15,164.35.
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 Seitz, Superintendent of the Departmen
COMMITTEE OF THE WHOLE MEETING (CONTINUED)
of Public Parks, made the presentation for the ordinance. He explained that, because of change
orders and the increased cost of equipment, the contingency fund in the bond issue for the recrea-
tion center complex at the Linden School site would not be sufficient to pay for site development.
He further explained that, before and during the construction period, the bond funds had been
invested in certificates of deposit. He was hopeful that this interest could now be used for the
completion of the center.
Councilman Kopczynski asked about the amount of money that would be expended for the King project.
Mr. Seitz answered that the total cost would be $764,159.86. He stated that the city had received
grants in the amounts of $109,000 and $41,000 with another grant in the amount of $32,000 awaiting
approval from the Department of Housing and Urban Development. Councilman Kopczynski asked if
facilities of this type would be constructed in other areas of the city, and Chairman Newburn
indicated that the matter before the Council concerned the appropriation of the interest earned,
not whether or not other similar facilities would be erected.
Councilman Szymkowiak made a motion that the ordinance go to the Council as favorable, seconded
by Councilman Serge. The motion carried.
There being no further business to come before the Committee of the Whole, Council President Neme
made a motion to rise and report to the Council and take a recess, seconded by Councilman Kopczyn
The motion carried, and the Council recessed at 8:52 p.m.
ATTEST:
CITY CLERK
REGULAR MEETING - RECONVENED
4 ATT f
HAIRMAN
Be it remembered that the regular meeting of the Common Council of the City of South Bend, Indiana,
reconvened in the Council Chambers at 9:24 p.m., Council President Peter J. Nemeth presiding and
nine members present.
REPORT 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 August 27, 1973, regular
meeting of the Council and found them correct.
They, therefore, recommend that the same be approved.
s/ Peter J. Nemeth
Councilman Taylor made a motion that the report be accepted as read and placed on file and the
minutes be approved, seconded by Councilman Serge. The motion carried.
REPORT FROM THE COMMITTEE OF THE WHOLE
Councilman Horvath made a motion to waive the reading of the report of the Committee of the Whole,
seconded by Councilman Taylor. The motion carried by a roll call vote of nine ayes (Councilmen
Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth).
REPORT FROM THE DIRECTOR OF THE DEPARTMENT OF ADMINISTRATION AND FINANCE
Mr. James Barcome, City Controller, made his quarterly report to the Council. He talked briefly or
the temporary use of idle funds, the investment of certain funds and the disposition of city -
owned vehicles. He indicated that, because the Council had given him the authority to invest idle
funds, several thousands of dollars in interest charges, which would have been paid to lending
institutions for temporary loans, had been saved by the city. By allowing him to invest funds,
over $600,000 in interest for 1973 had been earned. He stated that the various city investments he
returned $392,000 in interest, the Water Works funds $68,000, and the Bureau of Wastewater $139,00(
He presented the councilmen with an inventory of city vehicles and indicated that the city present]
has 116 city cars and 15 pick -up trucks or vans. He pointed out that the inventory did not include
the 70 fleet patrol cars in the Police Department, Fire Department trucks or Street Department
trucks or graders. He concluded that this list would be submitted to the Council at a later date.
Council President Nemeth thanked Mr. Barcome for his presentation.
PETITIONS TO AMEND ZONING ORDINANCE
I, the undersigned, do hereby respectfully make application and petition the
Common Council of the City of South Bend, Indiana, to amend the Zoning Ordinance of
South Bend, Indiana, as hereinafter requested, and in support of this application,
the following facts are shown:
1. The property sought to be rezoned is located at 2017 West Dubail Street,
South Bend, Indiana.
2. The property is owned by Gaylord Thomas and Wilma K. Feltz.
3. A legal description of the property is as follows:
Lot #92, as shown on Plat of Highland Park, an addition to the
City of South Bend, and recorded in Plat Book 8, page 82. Bound
on West by South Warren Street, bound on South by West Dubail Street,
bound on East to alley, bound on North 40 feet to Lot #93, owned by
Arthur Tschida, 1636 South Warren, South Bend, Indiana.
REGULAR MEETING SEPTEMBER 10t 1973
REGULAR MEETING - RECONVENED (CONTINUED)
4. It is desired and requested that the foregoing property be rezoned from
Residential Use and "A" Height and Area District to "C" Commercial Use
and "A" 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: Beauty shop.
6. Number of off street parking spaces to be provided: Four (4) paved with
two (2) unpaved available.
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.
s/ Wilma K. Feltz
Signature of Petitioner
2017 West Dubail Street
South Bend, Indiana 46613
I, the undersigned, do hereby respectfully make application and petition the
Common Council of the City of South Bend, Indiana, to amend the Zoning Ordinance of said
city, as hereinafter requested, and in support of this application, the following facts
are shown:
1. The property sought to be rezoned is located at 3414 East Jefferson
Boulevard, South Bend, Indiana.
2. The property is owned by Frank M. Kish and Elizabeth M. Kish, subject
to a purchase agreement with David F. Herring, Wallace R. Swearingen,
and Paul L. McClure.
3. A legal description of the property is as follows:
Lot Numbered One (1), as shown on the Recorded Plat of Jerome's First
Addition to the City of South Bend, Indiana.
4. It is desired and requested that the foregoing property be rezoned from
"A" Residential Use and "A" Height and Area District to "B" Residential
Use and "A" 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: The existing building at
3414 East Jefferson Boulevard, South Bend, Indiana, will be used as an
office building by a Certified Public Accountant Firm.
6. Number of off street parking spaces to be provided: An area 45' x 85'
directly adjacent and behind said building will be used for adequate
parking facilities.
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:
H. Theodore Noell, Attorney at Law
2210 American National Bank Building
South Bend, Indiana 46601
Telephone: 232 -7946
s/ H. Theodore Noell
Attorney for Petitioners
2210 American National Bank Bldg.
South Bend, Indiana 46601
I, 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 the Southwest corner of
Ironwood Drive and Ridgedale Road.
2. The property is owned by Ridgedale Nursing Home and Place Development
Company, Inc.
3. A legal description of the property is as follows:
Lots 572 and 652 of Twyckenham Hills Addition, Section "K ", more
particularly described as:
Beginning at the Southwest corner of the intersection of Ironwood
Drive and Ridgedale Road in the Southeast one quarter (1/4) of
Section 19, Township 37 North, Range 3 East; thence South, along
the West line of Ironwood Drive a distance of 430 feet to the
Northeast corner of Lot no. 636 in Twyckenham Hills Addition,
REGULAR MEETING SEPTEMBER 10, 1973
REGULAR MEETING - RECONVENED (CONTINUED)
Section "K "; thence West, parallel with the South line of
Ridgedale Road a distance of 687.79 feet to the East Lot line
of Lot 647, Twyckenham Hills Addition, Section "K "; thence
North, parallel with the West line of Ironwood Road a distance
of 430 feet to the South line of Ridgedale Road, thence East
along the South line of Ridgedale Road, a distance of 687.66
feet to the place of beginning, containing approximately 6.75
acres, located in the Municipal City of South Bend, St. Joseph
County, Indiana.
4. It is desired and requested that the foregoing property be rezoned from
"B" Residence Use and "A" Height and Area District to "B" Residence Use
and "A" 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: Expanded and modified
single story brick Nursing and Extended Care facility for the care of
recuperating and invalid patients to accommodate patients and
a staff of administrative and nursing personnel. (Single story
residential type structure already in use at Northwest corner as
real estate office).
6. Number of off street parking spaces to be provided: spaces to be
provided for new Nursing Home (25 parking spaces already provided in
connection with real estate office).
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.
s/ James J. Kelly
Signature of Petitioner
Petition Prepared By:
Joseph T. Helling 3636 Newport Avenue
Crumpacker, May, Levy and Searer Fort Wayne, Indiana
224 West Jefferson Boulevard
South Bend, Indiana 46601
Council President Nemeth indicated that action on the three petitions would be deferred until the
first reading of the zoning ordinances.
ORDINANCES, SECOND READING
ORDINANCE NO. 5563 -73 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 second reading. Councilman Szymkowiak made a motion that the ordinance pass,
seconded by Councilman Horvath. The ordinance passed by a roll call vote of nine ayes (Councilmen
Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth).
ORDINANCE NO. 5564 -73 AN ORDINANCE AMENDING ORDINANCE NO.
4990 -68, AS AMENDED, COMMONLY KNOWN AS THE
ZONING ORDINANCE OF THE CITY OF SOUTH BEND,
INDIANA, (CHAPTER 40, MUNICIPAL CODE) -
150 WEST ANGELA BOULEVARD.
This ordinance had second reading. Councilman Taylor made a motion that the ordinance pass,
seconded by Councilman Szymkowiak. The ordinance passed by a roll call vote of nine ayes (Council-
men Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth).
ORDINANCE NO. 5565 -73
AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER
21 OF THE CITY CODE OF SOUTH BEND, INDIANA, 1971,
ALSO KNOWN AS ORDINANCE NO. 4990 -68, AS AMENDED,
AND GENERALLY KNOWN AS THE ZONING ORDINANCE OF
THE CITY OF SOUTH BEND, INDIANA, AS AMENDED,
BY ADDING PROVISIONS RELATIVE TO HISTORIC
PRESERVATION.
This ordinance had second reading. Councilman Parent made a motion to amend the ordinance as
amended in the Committee of the Whole and also to amend the ordinance further as follows:
Under 2. Powers and Duties, insert the following in paragraph b:
Furthermore, all gifts of personal or real property must be approved by the Common
Council of the City of South Bend before delivery of the personal property or
acceptance of the deed for the real property. Furthermore, all expenditures of
money, regardless of the source of the money, must receive prior approval of the
Council before any commitment or expenditure is incurred. The Commission shall
also prepare and submit for approval an annual budget which the Common Council
must approve or deny. All personnel hired by the Commission on a full -time or
part -time basis shall be approved by the Common Council. The Commission shall
hold at least four (4) advertised public hearings to provide the public with an
opportunity of becoming aware of Commission business and to make their views known.
Under 2. Powers and Duties, insert the following in the third paragraph of paragraph
(5) :
REGULAR MEETING SEPTEMBER 1
REGULAR MEETING - RECONVENED (CONTINUED)
Upon such denial, applicant may appeal said denial to the Common Council which shall
make a final determination of the application.
Councilman Taylor seconded the motion. The
motion that the ordinance pass, as amended,
by a roll call vote of nine ayes (Councilmen
Horvath, Newburn and Nemeth).
ORDINANCE NO. 5566 -73
motion carried. Councilman Kopczynski then made a
seconded by Councilman Parent. The ordinance passed
Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski,
AN ORDINANCE AMENDING CHAPTER 20, VEHICLES AND
TRAFFIC, OF THE MUNICIPAL CODE OF THE CITY OF
SOUTH BEND, INDIANA.
This ordinance had second reading. Councilman Horvath 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. 5567 -73 AN ORDINANCE FOR THE TRANSFER OF FUNDS WITHIN
THE POLICE DEPARTMENT BUDGET IN THE AMOUNT OF
$5,500.00 FROM ACCOUNT P -12, "SERVICES PERSONAL ",
TO ACCOUNT 724, "RADIO EQUIPMENT ", BOTH ACCOUNTS
BEING WITHIN THE POLICE DEPARTMENT BUDGET OF
THE GENERAL FUND OF THE CITY OF SOUTH BEND,
INDIANA.
This ordinance had second reading. Councilman Szymkowiak made a motion that the ordinance pass,
seconded by Councilman Newburn. The ordinance passed by a roll call vote of eight ayes (Council
Serge, Szymkowiak, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth) and one nay (Council
Miller) .
ORDINANCE NO. 5568 -73 AN ORDINANCE AUTHORIZING THE EXECUTION OF
A LEASE AND TRUST INDENTURE AND ECONOMIC
DEVELOPMENT REVENUE BONDS AND THE FORM AND
TERMS OF THE LEASE AND TRUST INDENTURE AND
BONDS AND THE ISSUANCE OF ECONOMIC DEVELOPMENT
REVENUE BONDS PERTAINING TO A. H. CHOITZ &
COMPANY, INC.
This ordinance had second reading. Councilman Newburn made a motion that the ordinance pass,
seconded by Councilman Parent. The ordinance passed by a roll call vote of nine ayes (Councilmen
Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth).
ORDINANCE NO. 5569 -73 AN ORDINANCE AUTHORIZING THE EXECUTION OF
A LEASE AND TRUST INDENTURE AND ECONOMIC
DEVELOPMENT REVENUE BONDS AND THE FORM AND
TERMS OF THE LEASE AND TRUST INDENTURE AND
BONDS AND THE ISSUANCE OF ECONOMIC DEVELOPMENT
REVENUE BONDS PERTAINING TO FBT BANCORP, INC.
This ordinance had second reading. Councilman Newburn made a motion to amend the ordinance by the
deletion of the word and number "fourteen (14)" and the insertion of the word and number "fifteen
(15)" as it relates to duration, seconded by Councilman Taylor. The motion carried. Councilman
Serge then made a motion that the ordinance pass, as amended, seconded by Councilman Newburn.
The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller,
Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth).
ORDINANCE NO. 5570 -73
AN ORDINANCE AUTHORIZING THE EXECUTION OF
A LEASE AND TRUST INDENTURE AND ECONOMIC
DEVELOPMENT REVENUE BONDS AND THE FORM AND
TERMS OF THE LEASE AND TRUST INDENTURE AND
BONDS AND THE ISSUANCE OF ECONOMIC DEVELOPMENT
REVENUE BONDS PERTAINING TO ED J. LUTHER
BEVERAGES, INC.
This ordinance had second reading. Councilman Parent made a motion that the ordinance pass,
seconded by Councilman Horvath. The ordinance passed by a roll call vote of nine ayes (Councilmen
Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth).
ORDINANCE NO. 5571 -73
AN ORDINANCE AUTHORIZING THE EXECUTION OF
A LEASE AND TRUST INDENTURE AND ECONOMIC
DEVELOPMENT REVENUE BONDS AND THE FORM AND
TERMS OF THE LEASE AND TRUST INDENTURE AND
BONDS AND THE ISSUANCE OF ECONOMIC DEVELOPMENT
REVENUE BONDS PERTAINING TO SINGER GENERAL
TIRE, 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. 5572 -73 AN ORDINANCE AUTHORIZING THE EXECUTION OF
A LEASE AND TRUST INDENTURE AND ECONOMIC
DEVELOPMENT REVENUE BONDS AND THE FORM AND
TERMS OF THE LEASE AND TRUST INDENTURE AND
BONDS AND THE ISSUANCE OF ECONOMIC DEVELOPMENT
REVENUE BONDS PERTAINING TO WELLS ELECTRONICS,
INC.
This ordinance had second reading. Councilman Szymkowiak made a motion that the ordinance pass,
seconded by Councilman Parent. The ordinance passed by a roll call vote of nine ayes (Councilmen
Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth).
REGULAR MEETING - RECONVENED (CONTINUED)
ORDINANCE NO. 5573 -73 AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION
OF $8,030.00 FROM THE FEDERAL ASSISTANCE
GRANT FUND, COMMONLY KNOWN AS GENERAL
REVENUE SHARING, TO ACCOUNT 722, "PROPERTIES ",
OF THE FEDERAL ASSISTANCE PROGRAM FA -5, "MOTOR
VEHICLE HIGHWAY EQUIPMENT ", TO BE ADMINISTERED
BY THE CITY OF SOUTH BEND, INDIANA, THROUGH
ITS DEPARTMENT OF PUBLIC WORKS.
This ordinance had second reading. Councilman Miller made a motion that the ordinance pass,
seconded by Councilman Horvath. The ordinance passed by a roll call vote of nine ayes (Councilmen
Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth).
ORDINANCE NO. 5574 -73
AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION
AND TRANSFER OF $12,000.00 FROM ACCOUNT #11,
"SERVICES PERSONAL ", TO ACCOUNTS #221,
"SERVICES CONTRACTUAL, ELECTRIC CURRENT ",
IN THE AMOUNT OF $5,000.00; ACCOUNT #251,
"SERVICES CONTRACTUAL, REPAIRS TO BUILDINGS
AND STRUCTURES ", $2,000.00; AND ACCOUNT
#252, "SERVICES CONTRACTUAL, REPAIRS TO
EQUIPMENT ", $5,000.00; ALL IN THE GENERAL
PARK FUND.
This ordinance had second reading. Councilman Szymkowiak 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. 5575 -73
AN ORDINANCE FOR APPROPRIATING INTEREST
EARNED FROM THE PURCHASE OF CERTIFICATES
OF DEPOSIT OUT OF THE PROCEEDS OF THE
1972 PARK DISTRICT BONDS TO THE PARK
DISTRICT BOND CONSTRUCTION FUND IN THE
AMOUNT OF $15,164.35.
This ordinance had second reading. Councilman Szymkowiak made a motion
seconded by Councilman Miller. The ordinance passed by a roll call vote
Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn
RESOLUTIONS
RESOLUTION NO. 383 -73
A RESOLUTION FINDING AND ADJUDGING THAT
THE FINANCING OF FACILITIES FOR J. AND S.
REALTY, A PARTNERSHIP BY THE ISSUANCE BY
THE CITY OF SOUTH BEND, INDIANA, OF ITS
ECONOMIC DEVELOPMENT REVENUE BONDS PER-
TAINING TO SUCH FACILITIES FOR SUCH ENTITY
WILL BE OF BENEFIT TO THE HEALTH OR WELFARE
OF.THIS MUNICIPALITY, AND APPROVING THE
FINANCING THEREFOR.
that the ordinance pass,
of nine ayes (Councilmen
and Nemeth) .
WHEREAS, the Common Council of the City of South Bend, Indiana, heretofore has
created the South Bend 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, including but not limited to the amendments, supplements or
additions of IC -1973, 18- 6 -4.5, or any other amendments, supplements or additions
thereto, hereinafter referred to as the "Act "; and
WHEREAS, J. and S. Realty has filed an application with the Commission to finance
the acquisition of real estate and the construction thereon of an industrial and
commercial building (facilities) which will constitute economic development facilities
resulting in a substantial number of new jobs as well as other benefits; and
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; and
WHEREAS, the Commission held a public hearing on the proposed financing of.such
facilities on August 17, 1973, after giving the required notice as provided for in
Section 17 of IC -1973, 18- 6 -4.5; and
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
WHEREAS, this Common Council of the City of South Bend, Indiana, now finds that
the proposed financing of such facilities for J and S.Realty, a partnership, 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 J. and S. Realty, a partnership under the Act be
and the same is hereby approved.
REGULAR MEETING - RECONVENED (CONTINUED)
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.
Presented by s/ Terry S. Miller
Councilman
A public hearing was held on the resolution at this time. Mr. Kenneth Fedder, Attorney for the
Economic Development Commission, indicated that the company applying for the bonds operated in
Granger and was now moving into South Bend to be located in the Airport Industrial Park - Phase II.
He introduced Mr. Kevin Butler, the attorney representing J and S Realty. He stated that the
parent company would be operating in Granger. He indicated that 13 persons are employed and the
firm has an annual payroll of $140,000. He indicated that there would be an immediate addition of
9 employees and an increase of $245,000 in payroll.
Council President Nemeth questioned the blank line on the first page of the resolution, and Mr.
Fedder indicated that the date of August 17 should be inserted. Councilman Taylor made a motion
to insert that date, seconded by Councilman Kopczynski. The motion carried. Councilman Parent
then made a motion to adopt the resolution, seconded by Councilman Taylor. The resolution passed
by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski,
Horvath, Newburn and Nemeth).
(RESOLUTION NO. 384 -73
A RESOLUTION TO APPROVE THE SCHEMATIC DESIGN
PHASE OF THE ARCHITECT'S CONTRACT FOR THE
CIVIC CENTER PROJECT.
WHEREAS, Ordinance No. 5503 -73, passed April 9, 1973, appropriated $500,000.00
for various Civic Center expenses and established a budget line item of $273,000.00 for
Architect's Fees, Design and Special Reports; and
WHEREAS, the Civic Center Authority has approved the Schematic Design Phase of the
Architect's Contract in the amount of $139,500.00 and has authorized the architectural
firm of Phillip Johnson and John Burgee to proceed with the preliminary design of the
Civic Center.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend,
Indiana:
Section I. That the proposed Architect's Contract pertaining to the Schematic
Design Phase in the amount of $139,500.00, approved by the Civic Center Authority on
August 31, 1973, is hereby approved.
Section II. This Resolution shall be in full force and effect from and after its
adoption by the Common Council and approval by the Mayor.
s/ Terry S. Miller
Member of the Common Council
A public hearing was held on the resolution at this time. Mr. Charles Lennon, Contract Administra
for for the Civic Center, requested approval of $139,500.00 to be used from previously appropriate
funds for the Civic Center development and the schematic design based on the land -use and square
footage ratio. He indicated that this phase complied with the original ordinance passed on
April 9, 1973, whereby $500,000 was appropriated for the Civic Center project. Council President
Nemeth asked if this was the initial design phase, and Mr. Lennon indicated that it was.. Council
President Nemeth asked when the phase would be completed, and Mr. Lennon indicated that the rough
stage would be completed by the first of the year.
Councilman Parent made a motion to adopt the resolution, seconded by Councilman Taylor. The
resolution passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent,
Taylor, Kopczynski, Horvath, Newburn and Nemeth).
RESOLUTION NO. 385 -73 A RESOLUTION TO APPROVE THE TAMS CO.
WHITE WATER RIVER /DAM STUDY OF THE
ARCHITECT'S CONTRACT FOR THE CIVIC CENTER
PROJECT.
WHEREAS, Ordinance No. 5503 -73, passed April 9, 1973, appropriated $500,000.00 for
various Civic Center expenses and established a budget line item of $273,000.00 for
Architect's Fees, Design and Special Reports; and
WHEREAS, the Civic Center Authority has approved the TAMS CO. White River /Dam
Study of the Architect's Contract in the amount of $10,000.00 and has authorized the
architectural firm of Phillip Johnson and John Burgee to proceed with the River /Dam Study
of the Civic Center.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend,
Indiana:
Section I. That the proposed Architect's Contract pertaining to the TAMS CO.
White River Dam Study in the amount of $10,000.00 approved by the Civic Center Authority
on August 31, 1973, is hereby approved.
Section II. This Resolution shall be in full force and effect from and after its
adoption by the Common Council and approval by the Mayor.
s/ Terry S. Miller
Member of the Common Council
A public hearing was held on the resolution at this time. Mr. Charles Lennon, Contract Administra
for for the Civic Center, indicated that $10,000:00 was being requested for the design work on the
river /dam study. He stated that this phase was also in compliance with the original ordinance
REGULAR MEETING SEPTEMBER 10 1973
REGULAR MEETING - RECONVENED (CONTINUED)
passed on April 9, 1973. Councilman Taylor made a motion to adopt the resolution, seconded by
Councilman Miller. 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 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 (2017 WEST
DUBAIL STREET).
This ordinance had first reading. Councilman Miller made a motion that the ordinance and petition
be referred to the Area Plan Commission, seconded by Councilman Parent. The motion carried.
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 (3414 EAST
JEFFERSON BOULEVARD).
This ordinance had first reading. Councilman Parent made a motion that the ordinance and petition
be referred to the Area Plan Commission, seconded by Councilman Miller. The motion carried.
ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING
CHAPTER 40 OF THE MUNICIPAL CODE OF
SOUTH BEND, INDIANA (SOUTHWEST CORNER OF
IRONWOOD DRIVE AND RIDGEDALE ROAD).
This ordinance had first reading. Councilman Taylor made a motion that the ordinance and petition
be referred to the Area Plan Commission, seconded by Councilman Miller. The motion carried.
ORDINANCE NO. 5576 -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 J AND
S REALTY, A PARTNERSHIP.
This ordinance had first reading. Councilman Taylor made a motion to suspend the rules and take
action 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). Mr. Kenneth Fedder, Attorney for the Economic Development Commission, explained that thi:
ordinance coincided with the resolution just adopted by the Council. He pointed out that, on page
1 of the ordinance, the date of August 17 had been inserted as to the hearing date of the commissic
and the date of September 10 had been inserted being the date the Council adopted the resolution.
Councilman Horvath made a motion to incorporate those dates into the ordinance, seconded by
Councilman Parent. The motion carried. Councilman Parent then made a motion that the ordinance
pass, seconded by Councilman Taylor. The ordinance passed by a roll call vote of nine ayes (Counc:
men Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth).
ORDINANCE AN ORDINANCE FOR THE TRANSFER OF FUNDS IN
THE AMOUNT OF $16,524.17 FROM THE LOCAL
ROAD AND STREET FUND PROJECT R & S 40 -
WIDENING OF IRELAND ROAD FROM MICHIGAN
STREET TO MIAMI ROAD AND $5,508.05 FROM
THE CUMULATIVE CAPITAL IMPROVEMENT FUND
TO PROJECT R & S 51 - SAMPLE STREET
WIDENING FROM MAYFLOWER ROAD TO GREENVIEW
AVENUE.
This ordinance had first reading. Councilman Horvath made a motion that the ordinance be set for
public hearing and second reading on September 24, 1973, seconded by Councilman Kopczynski. The
motion carried.
ORDINANCE AN ORDINANCE AMENDING CHAPTER 20, VEHICLES
AND.TRAFFIC, OF THE MUNICIPAL CODE OF THE
CITY OF SOUTH BEND, INDIANA.
This ordinance had first reading. Councilman Parent made a motion that the ordinance be referred
to the Committee of the Whole and also be set for public hearing and second reading on September 2
1973, seconded by Councilman Serge. The motion carried.
ORDINANCE AN ORDINANCE ESTABLISHING A NEW SCHEDULE
OF RATES AND CHARGES FOR SERVICES RENDERED
BY THE WATERWORKS SYSTEM OF THE CITY OF
SOUTH BEND AND REPEALING ORDINANCE NO.
4320 -60 AND ORDINANCE NO. 4345 -60.
This ordinance had first reading. Councilman Parent made a motion that the ordinance be set for
public hearing and second reading on September 24, 1973, seconded by Councilman Serge. The
motion carried.
ORDINANCE AN ORDINANCE APPROPRIATING FROM THE PARKING
GARAGE FUND THE SUM OF $3,000.00 FOR ACCOUNT
260.0, "OTHER CONTRACTUAL SERVICES ", AND
$2,000.00 FOR ACCOUNT 330.0, "JANITORIAL
SUPPLIES ", BOTH ACCOUNTS BEING WITHIN THE
REGULAR MEETING - RECONVENED (CONTINUED)
ORDINANCE (CONTINUED) PARKING GARAGE BUDGET OF THE PARKING GARAGE
FUND OF THE CIVIL CITY OF SOUTH BEND, INDIANA.
This ordinance had first reading. Councilman Szymkowiak made a motion that the ordinance be set
for public hearing and second reading on September 24, 1973, seconded by Councilman Horvath. The
motion carried.
ORDINANCE AN ORDINANCE TRANSFERRING THE SUM OF $6,000.00
FROM ACCOUNT NO. 630.0, "PERF ", TO ACCOUNT
530.0, "REFUNDS, AWARDS AND INDEMNITIES ", ALL
ACCOUNTS BEING WITHIN THE CONTROLLER'S BUDGET,
CITY OF SOUTH BEND, INDIANA.
This ordinance had first reading. Councilman Szymkowiak made a motion that the ordinance beset
for public hearing and second reading on September 24, 1973, seconded by Councilman Taylor. The
motion carried.
NEW BUSINESS
Council President Nemeth indicated that it was necessary for the Council to make an appointment to
the A.C.T.I.O.N. Board. Councilman Taylor made a motion to re- appoint Constance Green, seconded b�
Councilman Kopczynski. The motion carried.
Council President Nemeth indicated that he had appointed a special committee on motor vehicles
consisting of Councilman Kopczynski as Chairman, Councilmen Newburn, Szymkowiak, Miller and himsel:
He stated that this committee had been established in order to clarify the city -owned vehicle
situation and the disposition of the automobiles.
There being no further business to come before the Council, unfinished or new, Councilman Taylor
made a motion to adjourn, seconded by Councilman Kopczynski. The motion carried, and the meeting
adjourned at 10:03 p.m.
ATTEST:
CITY CLERK
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Ilthe problems involved if a police officer would have to enter on private property to catch a dog 11