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HomeMy WebLinkAbout09-24-73 Council Meeting Minutes+++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + +. ++++'� ++++++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++ REGULAR MEETING SEPTEMBER 24, 1973 II 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 24, 1973, at 7:03 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 Horvath made a motion to resolve into the Committee of the Whole, seconded by Counci 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 24, 1973, at 7:04 p.m., with nine members present. Chairman Odell Newburn presided. Mr. Patrick Gallagher, Public Safety Director, expressed his sympathy on the death of Fireman Eugene Rozwarski. He extended deep appreciation and gratitude to Mr. Rozwarski's family. ORDINANCE. AN ORDINANCE AMENDING CHAPTER 5, ANIMALS, 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. Patrick Gallagher, Public Safety Director, made the presentation for the ordinance. He indicated that the proposed amendments incorporated the entire Section 16 and added to it the ability to give the Municipal Stray Animal Commission t power to pick up and impound dogs that are running loose. He stated that only 400 dogs were licensed last year. By enabling the city to pick up the stray dogs and hold them until after licensing and inoculation, the problem which affected everyone in the city would be controlled. stated that the ordinance would also give the city better and greater power to go after dogs that have bitten persons or are vicious animals. He requested favorable action on the ordinance. Mr. Maurice Cohen, 725 East Eckman Street, asked about where the dogs would be impounded and who would be responsible to pick the animals up. Mr. Gallagher indicated that funds had been provided in June for the purchase of a dog truck or van through Model Cities funds, and funds were also pro vided through the Emergency Employment Act for persons to do the work until June, 1974. He also indicated that the dogs would be taken to the Humane Society and released only after the licensing requirements and necessary inoculation had been completed. Mr. Cohen asked about the possible cut off of the EEA funds in June, 1974. He expressed concern about that. Mrs. Lee Swan, 2022 Swygart questioned the amount of time the police officers would be involved in the enforcement of the ordinance. She stated that, in an article she had read in the newspaper, she had understood there would be police involvement. Mr. Gallagher indicated that the Police Chief or his designate would be required to certify that the animal impounded had been licensed and inoculated. He indicated that that would be as far as assistance from the Police Department would go. Mrs. Swan asked abou- the problems involved if a police officer would have to enter on private property to catch a dog REGULAR MEETING SEPTEMBER 24 1973 COMMITTEE OF THE WHOLE MEETING (CONTINUED) that had bitten someone. Mr. Gallagher indicated that, if the dog was determined to be vicious or had bitten someone, the officer would have the authority to go onto the property to pick up the dog; however, the officer would not be allowed to enter a home for the pickup of an animal unless he had obtained a warrant to do so. Mrs. Swan expressed her feeling that the Police Department should not be going into the "dog catching business ", and Mr. Gallagher stated that the proposed ordinance would help to take the police out of the picture. Mrs. Swan asked about the method used by the Municipal Stray Animal Commission to subdue an animal. Mr. Gallagher stated that two per- sons would be employed, both persons having training in that area and one of the employees having training in the use of the tranquilizer gun, which would only be used when all other methods of catch fail and the dog is determined to be vicious. He talked briefly about the choker - collar method. Mrs. Swan wondered if the sedative used in the tranquilizer gun had any ill effects upon the animal. Mr. Gallagher stated that the drug merely put the animal to sleep for a short time. He indicated that the.amount of the drug used depended upon the size of the animal, and he stated that there should be no ill side affects. Mrs. Swan asked about the cost of the van, and Mr. Gallagher indicated that he thought the cost was about $4,000. Mrs. Swan asked about the rest of the money appropriated and stated that she thought $12,000 had been appropriated for this program. Mr. Gallagher indicated that he was not aware of that amount of money being appropriated. Chairmai Newburn indicated that the proper figure could be provided for Mrs. Swan's information. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, asked about the type of check that would be made when an owner of an animal applied for a license. She asked if a record was kept of the licensing. Mr. Gallagher indicated that the printed forms available required the breed and name of the dog and the name and address of the owner. Mr. Walter Lantz, Deputy Controller, indicated that this procedure was being followed and a receipt was given to each persoi applying for a license. Miss Guthrie asked if the city could go beyond that in order to license more dogs. Mr. Lantz stated that, if that was the case, the employees on the city payroll would have to check all that information. Mrs. Connie Green, 3217 Dunham Street, asked for a definition of the term "regulations" as used in the ordinance. Mr. Gallagher indicated that, in the context, the regulations meant that the dog would not be released until the license was obtained and the inoculations were given. Hr briefly referred to other sections of the code regulating dogs. Mrs. Richard Minton, 753 Cottage Grove Avenue, asked who the people should make their complaints to regarding animals running at large. Mr. Gallagher indicated that Mr. Isaiah Steed of the Sub - Standard Building Department could be contacted and he would then relay this information to the people in charge of the truck. He stated that the Humane Society could also be notified. Mrs. Minton stated that she usually found the dogs to be running in her yard around 6:00 a.m. and after 4:30 p.m. She ,asked who she should contact at those times. Mr. Gallagher indicated that, unfor- tunately, the city would only be operating eight hours a day because of the funds that were available. He stated that the Humane Society employed three shifts around the clock, and he suggested that Mrs. Minton contact the society. Mrs. Ann Wlodarski, 1869 Riverside Drive, indicated that she was happy that the ordinance was being proposed. She indicated that she was in favor of such an ordinance. She asked if this would be a permanent arrangement for the city, and she wondered where the funds would come from when the EEA funds were no longer available to pay thi salaries of the employees. Chairman Newburn indicated that he felt the obligation would then fall to the city if the EEA funds were terminated. Mrs. Wlodarski asked where the money would go from the people when they picked up their dogs. Councilman Szymkowiak indicated that the money receive for the dog tags would go into the General Fund and the rest of the money received would go to the Humane Society. Councilman Szymkowiak wondered if the people applying for the dog license were to have their dogs treated for rabies, distemper, etc. before the license was issued. Mr. Gallagher indicated that the license would only be issued when the owner was able to show proof that the necessary shots had been given. Councilman Horvath felt that some people do not have their dogs licensed because the inoculation is required first and it was sometimes expensive. Mr. Gallagher indicated that that was probably true in many cases. Councilman Horvath made a motion that the ordinance go to the Council as favorable, seconded by Councilman Szymkowiak. The motion carried. 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 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 stated that the project had been estimated to cost about $130,000 and that, after review of the preliminary plans, it had been decided that the intersection of Mayflower and Sample should also be included in the project. This involved curbing, widening of the intersection and signalization. It was also thought that the existing intersections at cross streets within the project should be removed. With the addi- tional work proposed, the estimate was raised to $197,530.65 and a low qualified bid of $172,845.40 was accepted. He indicated that those were the reasons for the requested transfer, and he stated that Project R & S 40 was complete and a balance was left in the fund which could bei transferred to Project R & S 51. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, asked if, by the transfer, more money would be added to the amount originally appropriated for the Sample Street widening project, and Mr. Farrand indicated that that was the case. She asked if, with this transfer, the project could be completed,-and Mr. Farrand indicated that the transfer would cover all expenses of the project. Councilman Miller asked which account in the Cumulative Capital Improvement Fund the amount of $5,508.05 would come from, and Mr. Farrand answered that the funds would be taken from the Services Contractual Account in the line items. Councilman Kopczynski made a motion that the ordinance go to the Council as favorable, seconded Councilman Parent. The motion carried. ORDINANCE AN ORDINANCE AMENDING CHAPTER 20, VEHICLES AND TRAFFIC, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA. REGULAR MERTING SEPTEMBER 24x 1973 COMMITTEE OF THE WHOLE MEETING (CONTINUED) This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. James Roemer, City Attorney, made the presen tation for the ordinance. He stated that the proposed ordinance merely permitted the police to have cars towed away legally and properly when parking in restricted areas. Miss Virginia Guthrie Executive Secretary of the Civic Planning Association, wondered if there had been a great problem with this sort of thing. Mrs. Janet Allen, 125 West Marion Street, felt the appropriate signs should be erected to help clarify the situation. Mr. Roemer indicated that, without the proposed ordinance, people might raise the question that the present ordinance was not specific enough. Mrs. Allen asked if a resolution could be adopted instead of an ordinance. Mr. Roemer indicated that it was his opinion that the ordinance would be the only proper and legal way to take care of the situation because he stated that proper notification would be given to the citizens with the publication of the ordinance after passage. Mrs. Ann Wlodarski, 1869 Riverside Drive, was of the opinion that the city administration should be asked to use the parking garages instead of its own private parking lot. Councilman Horvath made a motion that the ordinance go to the Council as favorable, 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 PARKING GARAGE BUDGET OF THE PARKING GARAGE FUND OF THE CIVIL 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. Walter Lantz, Deputy Controller, made the presentation for the ordinance. He stated that, in.the preparation of the budget, Accounts 260 an( 330 had been under - budgeted because rent for the Valometer Validating machines, in the amount of $1,530, was paid out of those accounts and, in turn, the city billed customers for the same amount He indicated that it was a requirement of the State Board of Accounts that receipts may not be receipted directly to a line item but to the Parking Garage General Fund. Because of that, Accounts 260 and 330 were short in the amount of $1,530 with that amount being available in the Parking Garage General Fund. He stated that, in addition, $300 per month redemption of validation stamps had not been considered in preparing the budget and an additional $1,200 will have to be paid during the balance of the year for redemption of the validation stamps. Miss Virginia Guthrie Executive Secretary of the Civic Planning Association, asked if the money had already been receives and Mr. Lantz indicated that it was, at present, being received every month. Councilman Parent made a motion that the ordinance go to the Council as favorable, seconded by Councilman Taylor. 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 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, Deputy Controller, made the presentation for the ordinance. He stated that the budget estimate in 1973 for claims the city would be required to pay in the Refunds, Awards and Indemnities Account was set at $45,000; how- ever, the Common Council had cut the amount to $20,000, and it was evident that there was not enough in the account to protect the city from potential law suits for the balance of the year. He stated that two claims, totaling $1,500, had been recommended by the City Attorney for payment because if taken to court, the city would lose both cases. In addition, there was a $600 claim pending and the personal injury department claims for the Police Department, Street Department an Fire Department have been averaging about $1,000 per month. He concluded that there was only $40 left in the account at the present time. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, asked if there was a balance of $6,000 in the PERF Account that could be transferred to another account. Mr. Lantz indicated that the money was available. He indicated that the PERF Account was very difficult to budget because every employee is entitled to partici- pate in the retirement fund. For that reason, the city had to allow for every employee to take part and some of the employees chose not to participate. He indicated that, at the time of emplo ment, the choice is made by the employee, and it becomes mandatory at the end of one year. Councilman Szymkowiak made a motion that the ordinance go to the Council as favorable, 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 -69 AND ORDINANCE NO. 4345 -60. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Paul Krueper, Manager of the Bureau of Watei made the presentation for the ordinance. He stated that the request for the rate increase dealt with water only and did not involve sewage. He stated that he did not like the idea of a 50% increase in anything; however, when it was pointed out that the increase was less than 1 /20th of one cent per gallon, the increase did not seem so great. He added that, even with the proposed increase, it would still be among the lowest in the state. He stated that experience showed that about 25% of the people use less than 500 cubic feet of water monthly. The current charge for this is $1.10 per month and the increase would bring that figure to $1.65 per month. He stated that $13.20 was paid annually for 45,000 gallons of water. He indicated that, since 1960, the rates had not been increased, and it was now necessary for the increase in order to keep on operating efficiently. He stated that the heat, light.and power bills are up more than $55,000. Postage is up about $10,000 as is the annual printing bill. The telephone bill is $6,500 higher and all other costs are up comparatively. He stated that expenses have increased $497,536 over the last 12 years and the cost of living has gone up 600. He also pointed out that the system is REGULAR MEETING SEPTEMBER 24, 1973 COMMITTEE OF THE WHOLE MEETING (CONTINUED) much larger than it was in 1960. He talked briefly about the payment of the bonds and indicated that an annual average of $240,000 would be needed for the next seven years. He stated that the outside meter program should be continued and not discontinued because of lack of funds. He indicated that the cost of that program would cost about $275,000 annually for the next five years He briefly talked about the investment in larger watermains because of the general growth of the system. He stated that the city's next immediate involvement was with the Maple Lane and Gilmer Park areas, with the average annual cost for the next five years for the projects at $150,000. He also mentioned the problem of the rusty water in South Bend, and indicated that money must be spen for improvement of the water continually. Mr. Krueper concluded by indicating that, if the Counci did not approve the 50 %'increase, one or more of the proposed programs of the Waterworks System would have to be reduced or omitted. Mr. Maurice Cohen, 725 East Eckman Street, indicated that he had not even seen a financial state- ment from the Waterworks System, and he wondered if the Council had been furnished a copy. He asked about the payroll costs and stated that these figures were not even available. He did not understand the necessity of the increase. He commented on the city -owned car situation within the Waterworks Department and concluded by indicating that he thought honesty was lost in the adminis- tration. Mrs. Casimer Deka, 1121 Harvey Street, questioned the minimum increase of the water per month. Mr. Krueper indicated that a person paying $1.10 per month would pay $1.65 per month if th4 rate increase was approved. He explained that, on a two -month basis, the amount would go from $2.20 to $3.30. Mrs. Deka wondered how this increase would affect the sewage charge. Mr. Krueper indicated that the sewage was based upon the consumption of the water but would not increase. Mrs Deka indicated that she had appeared before the Council in the spring because she had a complaint on the rusty water in her home. She indicated that Mr. Krueper had been very kind to her and was attempting to solve her problem, but she stated that it still was a problem and no solution had been found to correct it. She stated that now, part of the increase in the water rate would go for the installation of watermains in newly annexed areas and she wondered when she would have clean water. Mr. Milton Katz, 1845 Churchill Drive, stated that the proposed increase was quite sizable for those persons with business and commercial enterprises. He felt consideration should be given to those persons. Mrs. Zoie Smith, 1133 North Twyckenham, President of the Northeast Senior Citizens Council, indicated that the older persons in the community could not afford to pay that high an increase in the water rate. She indicated that the 50% added up, especially with all the other increases the citizens were faced with. She stated that some of the people in her area live on social security alone and would not be able to afford the increase. She asked for some consideration for the elderly in the ordinance and stated that the senior citizens were responsible for the prosperity the city was presently enjoying. She concluded by indicating that water was very vital to every citizen and some people could not even afford to pay for it. Mr. Joseph Guentert, 1034 Foster Street, indicated that he had attended the public hearing held on the Clay Township annexation. At that time, it had been stated that the proposed annexation would pose no increase in costs to the City of South Bend. He stated that now, a 50% increase was being request, to help cover the cost of water to the newly annexed areas. He felt strongly that the water rate had an affect on the sewage rate, and he talked briefly on the use of phosphates in the water and stated that it seemed to him that the citizens were dumping better water into the river than the water bring brought into the homes. Mrs. Richard Minton, 753 Cottage Grove Avenue, also could not understand how Mr. Krueper could state that the water rate did not affect the sewage rate. She opposed the rate increase and indicated that many people could not afford to pay the 50% increase. She stated that she was tired of all the increases in everything. Mrs. Conchita Washington, 749 South Sheridan Street, indicated that she desired to speak as a citizen and as a representative of the South Bend Branch of the National Association for the Advancement of Colored People. She felt the rate increase was an unnecessary burden upon the taxpayers. She mentioned revenue sharing funds and other funds that were available to the city. She wondered what the citizens would be getting in return for the 50% increase. She stated that South Bend has the poorest water in the area and yet the water rate is higher than the rates in cities three times the size of South Bend. She wondered if the increase was being asked for only because everything else was being increased. She talked briefly about the people living on welfare. She indicated that the majority of the people in the Model Cities area were black and elderly. She stated that they could not afford thi high an increase because their incomes were not being increased. She asked the Council to re- consider the proposed increase and not approve it. Mrs. Ann Wlodarski, 1869 Riverside Drive, a representative of the St. Joseph County Fair Tax Association, indicated that Mr. Krueper had state that there had been no increase in the water rate since 1960. She felt that, obviously, the Waterworks System was making a profit. She did not feel comparisons of other cities and their water rates should be made. She asked when the practice had been started that members of the Boar of Public Works were compensated for acting on the Board of Waterworks. She questioned the Controller's salary. Mr. James Barcome, City Controller, indicated that he wanted to clarify that statement. He stated that he received $2,000 from acting as a member of the Board of Waterworks Commissioners and his salary was taken from the General Fund. Mrs. Wlodarski requested that those amounts be terminated for the members of the Waterworks Commission. She asked if the Council had ever received an itemized budget from the Waterworks. Chairman Newburn indicated that the Council had received a financial statement. Mrs. Wlodarski stated that the waterworks was a public utilit and she felt the utility should be responsible to the citizens and not the Mayor. She cited instances when money was spent in the past and wasted in the Waterworks System. She felt that the water rate and sewage rate were correlated. She brought up the matter of the River Commons area which was county and not city, and she indicated that the residents of that area were being served by the city as far as sewage was concerned and were not paying for it. She wondered about this. Mr. Krueper stated that he had just found out about that matter a month ago when driving around in the area. He assured Mrs. Wlodarski that the residents of the River Commons area would be back billed for sewage charges and if these charges were not paid, the service would be shut down. Mr.' James Roemer, City Attorney, indicated that he also wanted to clarify the situation regarding pay - ment to the members of the Waterworks Board. He stated that he received $1,000 from the Waterwork and $1,000 from Wastewater for a total salary of $13,850. He felt that the money he received from the Waterworks and Wastewater was justified. He stated that his time was allocated for those two divisions. He also felt Mr. Barcome and Mr. Farrand earned the money they received as a member of the board. Mr. Roman Kowalski, 802 Birchwood, stated that he felt the wages of the citizens should be increased accordingly if the water rate was going to be increased 50 %. He asked if some help could be obtained from the federal government for the senior citizens, and he stated that he felt some of the revenue sharing funds should be used in this instance. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, indicated that the association had requeste that the Council postpone action on the water rate increase for two weeks in order that the proper figures could be made available for further study in the matter. She questioned whether or not it would be proper to use the monies paid by the present waterworks users to operate the facility outside the city. Mr. Krueper indicated that, any time service is expanded, the developer is COMMITTEE OF THE WHOLE MEETING (CONTINUED) charged for a six -inch watermain with the city picking up the balance. He stated that it is the city's responsibility to provide service to the newly annexed areas. Miss Guthrie asked about the impounding of the taxes in the newly annexed areas. She felt that any plans to use the increased rate for the purpose of providing water service to newly annexed areas only meant that the city residents would be paying double because the taxes being impounded in the annexed areas would only be used for exclusive improvement of that area. Miss Guthrie felt the money being spent for the replacement of the meters was quite costly. She stated that it would cost over a million dollars after the five or six -year period. She stated that there was no income in the ordinance regarding the hydrant rental. She asked about this. She felt serious consideration should be given to the senior citizens. She concluded by indicating that, if the proposed ordinance was postponed, per- haps some of the questions raised could be answered and some solutions found. Mrs. Janet Allen, 125 West Marion Street, asked about the increase in the hydrants and indicated that they were bein painted free as part of a beautification project. She stated that, every time an annexation comes up, it is shown that the city will profit and there will be no increase in the amounts paid for city services. She wondered if that really was true. She asked if the taxes had been decreasing. She pointed out that Mr. Roemer was a part -time city attorney, and she felt that if the money was confined to the usages of the Waterworks, the increase in the rate would not be necessary. Mr. Pa- Bognar, 805 West Washington Street, stated that he realized that the costs of everything were goin up. He also stated that he realized there must be some sort of an increase in the water rate; how ever, much of the needed information regarding the increase had not been made available. He was hopeful that, at least, the Council had been provided with the necessary information. He stated that, if the increase was necessary, he was hopeful that it could be accomplished in a period of three steps. Mrs. Lee Swan, 2022 Swygart, indicated that the minimum bill for water was $60 a yea: Trash removal was another $30, and now the water rate would be increased 50 %. She felt that, unti such a time when the citizens are aware of all that goes on within the Waterworks System, this muc; of an increase would not be taken favorably by the taxpayers. Mr. Krueper stated that he wanted to clarify a few statements made by the citizens. He indicated that the Waterworks Department had been audited in spite of many people saying there has never been an audit. He stated that the State Board of Accounts had audited, a certified public accountant had been working with the department regarding the increase, and the Public Service Commission had had auditors in the office checking out the increase. He indicated that, every year, the Waterwork prepares an annual financial statement for the year and this financial statement is public record. He- explained that he cut the Waterworks expenses nearly $200,000 last year, and he had never received one word of thanks from the citizens. Despite the 5% increase in salaries approved by the Council, the payroll for the department had not increased. He stated that quite a large amount of "profit" had gone into the payment of bonds and another large amount of money was being used for the outside meter installation. He indicated that he needed a 35% increase just to pay the bills and live up to the ordinance set by the Council in the past. Mr. Cohen asked why the payroll of the employees within the Waterworks Department was not published in the South Bend Tribune. Mr. Krueper indicated that publication of the payroll would cost a great deal of money, and he stated that the Tribune had had coverage on the payroll previously. Mr. Cohen asked about the automobile situation in the Waterworks Department. An unidentified woman in the audience asked why it took four men and one truck to open a fire hydrant. Mr. Krueper indicated that the opening of the hydrants is not a simple matter. He stated that it requires a change of valves in flushing the mains. The woman indicated that, when she had watched the men on the truck, only one man had actually opened the hydrant while the other three remained in the truck. Mr. Krueper stated that the men were probably opening the last hydrant in that series and that only one man was needed for that. Mrs. Washington asked about the fee required of the property owner when the change -over to the outside meter was made. Mr. Krueper indicated that there was not a charge except in the instance when the property owner requested the change -over. He stated that, if the citizens would be patient and wait until the change -over of their meters, there would be no charge; however, if a special request was made, the charge was made to cover the cost of the man making a special trip to the home. Mrs. Washington asked about the $12 charge for the hookup of the water. Mr. Krueper indicated that the $12 charge is a one -time service charge for the person that is continually moving. He explained that a man must be sent out to the home and take a final reading, this being only one part of the operation. Then when the individual establishes residence again, the books must be adjusted and the hookup at the new home made again. Mrs. Minton stated that she read her own meters. She asked about the charge made in that instance. Mrs. Smith could not understand the increase in the water rate because the budget had been reduced. Mr. Krueper indicated that, if he had not reduced the budget last year and cut expenses, the Waterworks System would have been in debt last year already. He stated that, in 1971, the income was $240,000 more than in 1972. Expenses in 1971 were $196,000 more than in 1972. An unidentified woman in the audience wondered why an established rate could not be used and then a charge made for water used over and above that amount. Mr. Krueper indicated that he realized that the elderly people might find the increase quite high; however, policies must be made and, if the increase was not given to everyone, the rest of the people would have to absorb the cost. Mrs. Connie Green, 3217 Dunham Street, could not understand why the transient person must pay for a new hookup. She stated that many of the people who are constantly moving are very poor and must move because of the job and housing situation. Mr. Krueper stated that there must be a charge made for this service and he did not feel that the home owner who stays in one place should be made to pay for this. Mrs. Washington referred to an instance when she had contacted the Water Department and had not been given that information. She felt that practice was not always followed. Chairman Newburn requested that Mr. Krueper check into that matter. Mrs. Allen asked if some consideration had been given to the high - volume users. Mr. Krueper stated that those persons get a better rate now than the average home owner. Council President Nemeth stated that, over the years, the Water Department had existed in a state of virtual anonymity. He indicated that, if the Council had not requested a budget, it would not performing its duty in proper fashion and the Council would be at fault. He indicated that a pre- liminary budget had been forwarded to the Council in January; however, he felt a budget should be submitted to the Council at present in ordinance form before any action was taken on the proposed ordinance. Council President Nemeth made a motion to defer action on the proposed ordinance until such a time when a budget in ordinance form would be submitted to the Council, seconded by Councilman Miller. The motion carried. Councilman Serge spoke in defense of the administration, indicating that he felt the administration) was trying to give the citizens a modern and efficient program. He expressed concern for those per sons living on a tight budget and pointed out that the senior citizens had been given consideration REGULAR MRRTTNn SEPTEMBER 24, 1973 COMMITTEE OF THE WHOLE MEETING (CONTINUED) regarding the trash program. He felt the administration was doing a good job. He indicated that he was very sincere about that and stated that he felt he was an honest man. Councilman Taylor made a motion to take a recess, seconded by Councilman Kopczynski.. The motion carried and the Committee of the Whole recessed at 9:15 p.m. Reconvened at 10:10 p.m. There being no further business to come before the Committee of the Whole, Councilman Miller made a motion to rise and report to the Council, seconded by Councilman Taylor. The motion carried. ATTEST: ATTES ; CITY CLERK CHAIRMAN REGULAR MEETING - RECONVENED Be it remembered that the regular meeting of the Common Council of the City of South Bend, Indiana reconvened in the Council Chambers at 10:11 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 September 10, 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 Horvath. The motion carried. REPORT 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 (Councilor Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). REPORTS FROM AREA PLAN COMMISSION The Honorable Common Council City of South Bend County -City Building South Bend, Indiana September 19, 1973 In Re: A proposed ordinance and site development plan of Broadmoor Shopping Center, Inc. to revise a previously approved site plan, property located on the southeast end of the Broadmoor Shopping Center on Miami and Ireland Road, City of South Bend, A Height and Area. Gentlemen: The attached rezoning petition of Broadmoor Shopping Center, Inc. was legally advertised September 8, 1973, and September 15, 1973. The Area Plan Commission gave it a public hearing September 18, 1973, at which time the following action was taken: "A motion by Ted Sharp to amend the petition of Broadmoor Shopping Center, Inc. to be a request for "C" Commercial instead of "B" Residential, and to change the height and area request from "C" to "A ", was seconded by Roger Parent and carried with Ken Woods abstaining. Mr. Sharp then made the motion to favorably recommend the petition, as amended, of Broadmoor Shopping Center, Inc. His motion was seconded by Roger Parent and carried with Ken Woods abstaining. The petition of Broadmoor Shopping Center, Inc. to revise a previously approved site plan for the Broadmoor Shopping Center on Miami and Ireland Road is favorably recommended, as amended, to the Common Council of the City of South Bend 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 cc: William E. Voor, Jr. Very truly yours, s/ Richard S. Johnson Executive Director Councilman Miller made a motion that the ordinance referred to in the report be set for public hearing and second reading on October 9, 1973, seconded by Councilman Taylor. The motion carried. (See following minutes - public hearing reset for October 8, 1973) REGULAR MEETING SEPTEMBER 24F 1_973 REGULAR MEETING - RECONVENED (CONTINUED) The Honorable Common Council September 19, 1973 City of South Bend County -City Building South Bend, Indiana In Re: A proposed ordinance and site development plan of Flora Lee Loughlin to zone from "B" Residential to "C -1" Commercial, property located at 1404 Kinyon, City of South Bend. Gentlemen: The attached rezoning petition of Flora Lee Loughlin was legally advertised September 8, 1973, and September 15, 1973. The Area Plan Commission gave it a public hearing September 18, 1973, at which time the following action was taken: "A motion by Roger Parent to amend the petition, as requested by the petitioner, to be a request for "C -1" Commercial instead of "C" Commercial, was seconded by Ted Sharp and carried unanimously. Mr. Parent then made the motion to recommend the petition of Flora Lee Loughlin favorably to the Common Council, as amended. The motion was seconded by Ted Sharp and carried with Ken Woods abstaining. The petition of Flora Lee Loughlin to zone 1404 Kinyon Street from "B" Residential to "C -1" Commercial, as amended, is favorably recommended to the Common Council by the Area Plan Commission." The deliberations at the above decision are at a later date to be made RSJ /ch cc: Flora Lee Loughlin Larry L. Ambler of the Area Plan Commission and points considered in arriving shown in excerpts of the minutes and will be forwarded to you a part of this report. Very truly yours, s/ Richard S. Johnson Executive Director Councilman Newburn made a motion that the ordinance referred to in the report be set for public hearing and second reading on October 9, 1973, seconded by Councilman Parent. The motion carried. (See following minutes - public hearing reset for October 8, 1973) The Honorable Common Council City of South Bend County -City Building South Bend, Indiana September 19, 1973 In Re: A proposed ordinance and site development plan of Andrew S. Place to zone from "C -2" Commercial to "C -1" Commercial, "B" Height and Area, property located on Ireland Road east of, and contiguous to, the Montgomery Ward and Scottsdale Mall property, City of South Bend. Gentlemen: The attached rezoning petition of Andrew S. Place was legally advertised September 8, 1973, and September 15, 1973. The Area Plan Commission gave it a public hearing September 18, 1973, at which time the following action was taken: "A motion by Dwight Miller to amend the petition of Andrew S. Place to be a request for "B" Height and Area instead of "G" Height and Area, was seconded by Roger Parent and carried unanimously. John Peddycord then moved the Plan Commission favorably recommend the petition of Andrew S. Place, as amended, to the Common Council. His motion was seconded by Ted Sharp and carried unanimously. The petition of Andrew S. Place to zone property on Ireland Road east of and con- tiguous to Scottsdale Mall and Montgomery Wards from "C -2" Commercial, "G" Height and Area to "C -1" Commercial, "B" Height and Area, as amended, is favorably 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. Very truly yours, RSJ /ch. s/ Richard S. Johnson CC: Andrew S. Place Executive Director Joseph A. Roper Lim Associates Councilman Newburn made a motion that the ordinance referred to in the report earing and second reading on October 9, 1973, seconded by Councilman Parent. (See following minutes - public hearing reset for October 8, 1973) be set for public The motion carried. The Honorable Common Council September 19, 1973 City of South Bend County -City Building South Bend, Indiana REGULAR MEETING SEPTEMBER 24, 197' REGULAR MEETING - RECONVENED (CONTINUED) In Re: A proposed ordinance and site development plan of Albert and Helen Kovacs to zone from "A" Residential to "C" Commercial, property located at 1989 Prairie Avenue, City of South Bend. Gentlemen: The attached rezoning petition of Albert and Helen Kovacs was legally advertised September 8, 1973, and September 15, 1973. The Area Plan Commission gave it a public hearing September 18, 1973, at which time the following action was taken: "A motion by Robert Lehman to amend the petition of Albert and Helen Kovacs to be a request for change from "A" Residential instead of "R" Residential and to exclude the rear 100 feet of the property from the petition, was seconded by Dwight Miller and carried unanimously. Mr. Lehman then made the motion to favorably recommend the petition, as amended, of Albert and Helen Kovacs, subject to a final site plan. His motion was seconded by Joseph Simeri and carried unanimously. The petition of Albert and Helen Kovacs to zone 1989 Prairie Avenue is favorably recommended, as amended, to the Common Council of South Bend 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 cc: Albert and Helen Kovacs Peter F. Nemeth Very truly yours, s/ Richard S. Johnson Executive Director Councilman Newburn made a motion that the ordinance referred to in the report be set for public hearing and second reading on October 9, 1973, seconded by Councilman Parent. The motion carried. Council President Nemeth abstained from voting. (See following minutes - public hearing reset for October 8, 1973) A brief discussion took place regarding the Columbus Holiday on October 8, and it was pointed out that the city was not observing the holiday. For that reason, Councilman Miller made a motion Ilthat the preceding four ordinances referred to in the reports of Area Plan be reset for public ihearing and second reading on October 8, 1973, seconded by Councilman Parent. The motion carried. (REPORT FROM THE DIRECTOR OF THE DEPARTMENT OF PUBLIC PARKS IMr. James Seitz, Director of the Department of Public Parks, introduced Mr. Paul Boehm, Director of the Recreation Department, who made a quarterly report to the Council. Mr. Boehm talked briefly on the 1973 Summer Recreation Program. He explained the various activities the Park Department had sponsored through the summer. He then asked the Council if they had any questions they wanted answered about the operation of the Recreation Department. Councilman Miller asked if there was an estimate made of the number of people that had used the summer recreation facilities. Mr. Boehn indicated that the figures were in the process of being gathered and compiled. He pointed out that attendance figures are very misleading; however, because the department would not be able to determine if the same person was using the facilities or if different people were using them. He indicated that, in spite of the wet and cool weather, there had been good attendance for the pools. He stated that, once the attendance figures were compiled, they would be included in the annual report. Councilman Kopczynski asked about the progress being made in acquiring Belleville Gardens land. Mr. Seitz indicated that there was a delay because there had also been a delay in the purcha of materials by the building contractor. Councilman Kopczynski asked about the length of time involved, and Mr. Seitz indicated that he was hopeful the delay would not be over two months. Councilman Kopczynski asked if the delay would jeapordize the city's purchase of the land. Mr. Seitz indicated that he did not think it would because the city had definitely expressed its desire to purchase the land. Councilman Taylor asked if there was a demand for certain activities which the Recreation Department found it hard to keep up with. Mr. Boehm stated that, one of the areas is the need for lighted softball diamonds. He was hopeful there would be three additional diamonds next year. The next need is for tennis courts and there was also a need for lighted baseball diamonds. He stated that there was only one lighted baseball diamond, that being at the Kennedy School. He concluded by indicating that the indoor facilities should be provided year- round, in his opinion. Councilman Taylor complimented Mr. Boehm on the comprehensive program the Recreation Department had. Councilman Serge asked about the future of Kelly Park. Mr. Boehm indicated that, in the long -range planning, it was thought there would be a recreation center at that location; however, it is a small piece of land and the acquisition of the land would be very expensive. He hoped that a larger piece of land could be obtained for the park. Councilman Serge complimented Mr. Boehm for the fine job done on the construction of Bolland Park. Council President Nemeth thanked Mr. Boehm for his presentation. (ORDINANCES, SECOND READING ORDINANCE NO. 5577 -73 AN ORDINANCE AMENDING CHAPTER 5, ANIMALS, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA. This ordinance had second reading. Councilman Newburn made a motion to amend the ordinance in subparagraph (B) by the deletion of the words "and payment of all costs" and the addition of the following sentence: "If upon release, the dog is again found or reported running at large in vio- lation of this Section, the dog may be impounded and destroyed and /or the owner may be fined up to $300 fine or jailed up to six (6) months." Councilman Kopczynski seconded the motion. The motion carried. Councilman Taylor 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). ce _TTr— n_R MEEMING SEPTEMBER 24, 1973 3 REGULAR MEETING - RECONVENED (CONTINUED) omaA iy l ORDINANCE NO. 5578 -73 3 AN ORDINANCE FOR THE TRANSFER OF FUNDS IN THE )r 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 l7r OV IMPROVEMENT FUND TO PROJECT R & S 51 - SAMPLE STREET WIDENING FROM MAYFLOWER ROAD TO GREENVIEW AVENUE. This ordinance had second reading. Councilman Kopczynski made a motion that seconded by Councilman Taylor. The ordinance passed by a roll call vote of Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and ORDINANCE NO. 5579 -73 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 Parent made a motion that the seconded by Councilman Taylor. The ordinance passed by a roll call vote of Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and ORDINANCE NO. 5580 -73 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 PARKING GARAGE BUDGET OF THE CIVIL CITY OF SOUTH BEND, INDIANA. the ordinance pass, nine ayes (Councilmen Nemeth). ordinance pass, nine ayes (Councilmen Nemeth) . 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. 5581 -73 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 second reading. Councilman Serge 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 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 second reading. Councilman Taylor made a motion to defer action on the ordinance pending a recommendation from the Committee of the Whole, seconded by Councilman Kopczynski. The motion carried. RESOLUTIONS RESOLUTION NO. 386 -73 A RESOLUTION FINDING AND ADJUDGING THAT THE FINANCING OF FACILITIES FOR KLMS REALTY, AN INDIANA PARTNERSHIP 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 the South Bend Economic Development Commission, hereinafter referred pursuant to the provisions of the Municipal Economic Development Act supplemented or added to by IC -1971, 18 -6 -4 as amended, supplemented IC -1973, 18- 6 -4.5, or any other amendments, supplements or additions hereinafter referred to as the "Act;" heretofore has created to as "Commission," of 1965, as amended, or added to by thereto, WHEREAS, KLMS Realty, an Indiana Partnership has filed an application with the Commission to finance the acquisition of real estate and the construction thereon of an office building (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 had 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 September 7, 1973, after giving the required notice as provided for in Section 17 of IC -1973, 18 -6.5; 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 IREGULAR MEETING - RECONVENED (CONTINUED) WHEREAS, this Common Council of the City of South Bend, now finds that the proposed financing of such facilities for KLMS Realty, an Indiana Partnership, will be of benefit to the health or welfare of the City of South Bend, Indiana, and that, according, 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 KLMS Realty, an Indiana Partnership 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 the Common Council A public hearing was held on the resolution at this time. Mr. Kenneth Fedder, Attorney for the Economic Development Commission, indicated that the commission had approved "the application and financing on September 7, 1973. He introduced Mr. William Farabaugh, 316 First Bank Building, the attorney representing KLMS Realty. Mr. Farabaugh, in turn, introduced Dr. Edward Lawton and Dr. Robert Meyer and explained that the project involved was located at the southeast corner of the Notre Dame and Colfax intersection. He stated that the property, at present, was not improved. He stated that the business would be for professional and business occupants and the area would be greatly enhanced by the project. He presented a drawing of the proposed building and area surrounc the property. He indicated that there were 9 employees within the confines of the partnership and this would be increased to 48 employees. The wages would be increased by $360,000 a year with the wages presently being at $120,000. He indicated that the building would occupy an area 40 by 90 feet with three floors for a total square footage of 10,800 feet. Councilman Taylor asked if the area was properly rezoned, and Mr. Farabaugh indicated that it was. Councilman Szymkowiak asked if the alley would be vacated, and Mr. Farabaugh indicated that there were no plans for vacation, and Councilman Szymkowiak asked if the alley would be paved. Mr. Farabaugh indicated that it could be. 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). RESOLUTION NO. 387 -73 A RESOLUTION FINDING AND ADJUDGING THAT THE FINANCING OF FACILITIES FOR IRONWOOD PARTNERSHIP 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 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, Ironwood Partnership 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 July 27, 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 Bond; and WHEREAS, this Common Council of the City of South Bend, Indiana, now finds that the proposed financing of such facilities for Ironwood 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 Ironwood Partnership 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 the Common Council REGULAR MEETING - RECONVENED (CONTINUED) A public hearing was held on the resolution at this time. Mr. Kenneth Fedder, Attorney for the Economic Development Commission, indicated that the commission had approved the application and financing on July 27, 1973. He introduced Mr. Kevin Butler, St. Joseph Bank Building, the attorne representing Ironwood Partnership. He explained that the location of the project was 1701 North Ironwood Drive. He indicated that the project would be a professional office building consisting of 10,000 square feet. The amount of the bond issue was $300,000. He indicated that the Wilkinso Hunter Agency would increase its employees from five to twelve with an increase of approximately $60,000 in payroll. Associated Realty would increase its employees from twelve to twenty with an increase of approximately $80,000 in payroll. He stated that Associated Realty is current located on Madison Street and that, the reason for its relocation, was the possible take -over of the city for the Madison Street Bridge. Councilman Taylor made a motion that the resolution resolution passed by a roll call vote of nine ayes Taylor, Kopczynski, Horvath, Newburn and Nemeth). be adopted, seconded by Councilman Parent. The (Councilmen Serge, Szymkowiak, Miller, Parent, RESOLUTION NO. 388 -73 A RESOLUTION FINDING AND ADJUDGING THAT THE FINANCING OF FACILITIES FOR MID -WEST PRODUCERS' CREAMERIES, 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 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, Mid -West Producers' Creameries, Inc. 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 31, 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 Mid -West Producers' Creameries, 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 Mid -West Producers' Creameries, 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 the Common Council A public hearing was held on the resolution at this time. Mr. Kenneth Fedder, Attorney for the Economic Development Commission, indicated that the commission had approved the application and financing on August 31, 1973. He introduced Mr. Warren McGill, the attorney representing the firm, Mr. McGill indicated that the building was proposed to encompass 4,000 square feet on two floors, aggregating 8,000 square feet. He indicated that 23 -24 employees are presently employed and that 5 employees would be added to the staff. He stated that there would be an increase in the tax base for the city. He indicated that the building was proposed to be constructed immediately and would be located on Ironwood Road south of the New London Condominiums. The firm would be moving from the Whitcomb - Keller Building. Councilman Taylor made a motion that the resolution be adopted, seconded by Councilman Kopczynski. The resolution passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). RESOLUTION NO. 389 -73 A RESOLUTION FINDING AND ADJUDGING THAT THE FINANCING OF FACILITIES FOR HILL WHITE TRUCK SALES, 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 REGULAR MEETING - RECONVENED (CONTINUED) 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 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, Hill White Truck Sales, Inc. 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 31, 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 Hill White Truck Sales, 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 Hill White Truck Sales, 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 the Common Council A public hearing was held on the resolution at this time. Mr. Kenneth Fedder, Attorney for the ,Economic Development Commission, indicated that the commission had approved the application and financing on August 31, 1973. Mr. Warren McGill, the attorney representing Hill White, explained that it was proposed to add on to the north side of the existing building on Sample Street, the addition amounting to 8,000 square feet. He stated that the cost was approximately $550,000 and that four or five additional employees were proposed. He concluded that new offices would be added and the same general operation would be conducted. Councilman Serge made a motion that the resolution be adopted, 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). IRESOLUTION NO. 390 -73 A RESOLUTION TRANSFERRING $1,500.00 FROM ACCOUNT #215, "CAR ALLOWANCE ", TO ACCOUNT #213, "TRAVEL EXPENSES ", BOTH ACCOUNTS BEING WITHIN THE MAJOR CLASSIFICATION, "SERVICES CONTRACTUAL ", IN THE COMMON COUNCIL BUDGET IN THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. WHEREAS, certain extraordinary conditions have developed since the adoption of the existing annual budget so that it is now necessary to appropriate more money than was appropriated in the annual budget for the various functions of the Common Council to meet such extraordinary conditions; and WHEREAS, it has been ascertained that Account #215, "Car Allowance ", in the Common Council budget has more money than is needed at this time. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana: SECTION I. That the sum of $1,500.00 be transferred from Account #215, "Car Allowance ", to Account #213, "Travel Expenses ", both accounts being within the major classification, "Services Contractual ", in the Common Council budget. SECTION II. This resolution shall be in full force and effect from and after its passage by the Common Council and its approval by the Mayor. s/ Roger O. Parent Member of the Common Council Wl 'V REGULAR MEETING - RECONVENED (CONTINUED) A public hearing was held on the resolution at this time. Council President Nemeth indicated that the request was necessary because, at the time the budget had been prepared, it was not known ther was to be a National League of Cities convention in Puerto Rico on November 30. He stated that th balance of the account was approximately $1,800 pending the claims of the councilmen attending the convention at Evansville. He concluded that there was more than enough in the car allowance budge to allow for the transfer. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, asked how many of the councilmen were attending, and Council President Nemeth indicated that, at the present time, six were going. He itemized the expenses: airplane fare $220 -$250, registration $80 and hotel (5 days) $17 -$22 per diem. He indicated that the Council would be paying their own way of part of the convention. Miss Guthrie asked where the Council had gone last year, and it was indicated there had been a convention in Indianapolis. Councilman Serge made a motion that the resolution be adopted, seconded by Councilman Horvath. Z 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. 5582 -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 KLMS REALTY, AN INDIANA PARTNERSHIP. This ordinance had first reading. Councilman Miller 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). This ordinance had second reading. Mr. Kenneth Fedder, Attorney for the Economic Development Commission, indicated that, on page 2, the date of September 24 should be inserted. Councilman Parent so moved, seconded by Councilman Kopczynski. The motion carried. Council President Nemeth asked if a specialized practice would be conducted, and Dr. Lawton indicated that it would not. Councilman Parent then made a motion that the ordinance pass, as amended, seconded by Councilman Kopczynski. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE NO. 5583 -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 IRONWOOD PARTNERSHIP. This ordinance had first reading. Councilman Taylor made a motion to suspend the rules and take action on the ordinance, seconded by Councilman Kopczynski. The motion carried by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and,Nemeth). This ordinance had second reading. Mr. Kenneth Fedder, Attorney for the Economic Development Commission, indicated that, on page 2, the date of September 24 should be inserted. He also stated that, on the bond, in the first blank line, the date of September 1, 1974, should be inserted as relates to the beginning of the amortized payments. Council President Nemeth asked how close the building would be to the right -of -way. He wondered if consideration had been given to the proposed future widening of Ironwood. Mr. Kevin Butler, the attorney representing Ironwood Partnership, stated that there was an existing steel frame at the site and that there was ample roo from the right -of -way. Councilman Parent made a motion to insert the date of September 24 on page 2 of the ordinance and insert the date of September 1, 1974, in the first blank line of the bond, seconded by Councilman Taylor. The motion carried. Councilman Parent then made a motion that the ordinance pass, as amended, seconded by Councilman Taylor. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE NO. 5584 -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 MID -WEST PRODUCERS' CREAMERIES, INC. This ordinance had first reading. Councilman Taylor made a motion to suspend the rules and take action on the ordinance, seconded by Councilman Kopczynski. The motion carried by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak 4 Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). This ordinance had second reading. Mr. Kenneth Fedder, Attorney for the Economic Development Commission, indicated that, on page 2, the date of September 24 should be inserted. Councilman Kopczynski so moved, seconded by Councilman Parent. The motion carried. Councilman Taylor then made a motion that the ordinance pass, as amended, seconded by Councilman Kopczynski. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth).. ORDINANCE NO. 5585 -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 HILL WHITE TRUCK SALES, INC. his ordinance had first reading. Councilman Horvath made a motion to suspend the rules and take ction on the ordinance, seconded by Councilman Taylor. The motion carried by a roll call vote of ine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and emeth). This ordinance had second reading. Mr. Kenneth Fedder, Attorney for the Economic evelopment Commission, indicated that, on page 2, the date of September 24 should be inserted. ouncilman Newburn so moved, seconded by Councilman Taylor. The motion carried. Councilman opczynski then made a motion that the ordinance pass, as amended,'seconded by Councilman Taylor. he ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent aylor, Kopczynski, Horvath, Newburn and Nemeth). REGULAR_ MEETING SEPTEMBER 24, 1973 IIREGULAR MEETING - RECONVENED (CONTINUED) IInRDINANCE This ordinance public hearing motion carried. IInRDTNANCE This ordinance public hearing carried. IIORDINANCE This ordinance public hearing carried. AN ORDINANCE FOR THE TRANSFER OF FUNDS WITHIN THE POLICE DEPARTMENT BUDGET IN THE AMOUNT OF $3,000.00 FROM ACCOUNT P -12, "SERVICES PERSONAL ", TO ACCOUNT P -262, "MEDICAL, SURGICAL AND DENTAL ", BOTH ACCOUNTS BEING WITHIN THE POLICE DEPARTMENT BUDGET OF THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. had first reading. Councilman Horvath made a motion that the ordinance be set for and second reading on October 8, 1973, seconded by Councilman Kopczynski. The AN ORDINANCE FOR THE TRANSFER OF FUNDS WITHIN THE BUREAU OF WEIGHTS AND MEASURES BUDGET IN THE AMOUNT OF $75.00 TO ACCOUNT #215, "TRANSPORTATION ALLOWANCE ", AND $25.00 TO ACCOUNT #370, "OTHER SUPPLIES ", AND $100.00 FROM ACCOUNT #252, "REPAIRS OF EQUIPMENT ", ALL ACCOUNTS BEING WITHIN THE BUREAU OF WEIGHTS AND MEASURES BUDGET OF THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. had first reading. Councilman Kopczynski made a motion that the ordinance be set fol and second reading on October 8, 1973, seconded by Councilman Horvath. The motion AN ORDINANCE TO AMEND SECTION 15 -16 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA. had first reading. Councilman Horvath made a motion that the ordinance be set for and second reading on October 8, 1973, seconded by Councilman Newburn. The motion 11UNFINISHED BUSINESS Councilman Washington October 8, abstained Parent made a motion that the rezoning for the Nemeth Funeral Home located at 744 West Street be taken out of committee and set for public hearing and second reading on 1973, seconded by Councilman Taylor. The motion carried. Council President Nemeth from voting. (Council President Nemeth indicated that the Council also wanted to express their appreciation and deepest sympathy to the family of Fireman Eugene Rozwarski. There being no further business to made a motion:to adjourn, seconded adjourned at 11:05 p.m. ATTEST: CITY ^ CITY CLERK come before the Council, unfinished or new, Councilman Taylor by Councilman Parent. The motion carried and the meeting +++++++++++++++++++ + + + + + + + + + + + + + + + + +......... + +-F• = E -1-dr. 4. kr .k- 1�.....++ + + + + + + + +. + + + + + + +....-h.... + + + ++