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Home My WebLink About11-13-73 Council Meeting Minutes++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++ REGULAR MEETING NOVEMBER 13, 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 Tuesday, November 13, 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. REGULAR MEETING NOVEMBER 13 1973 REGULAR MEETING (CONTINUED) ROLL CALL PRESENT: Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth. ABSENT: None. Councilman Horvath made a motion that the Council resolve into the Committee of the Whole, sec by Councilman Miller. The motion carried. COMMITTEE OF THE WHOLE MEETING Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on Tuesday, November 13, 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 (2017 WEST DUBAIL STREET). This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mrs. Wilma K. Feltz, 2017 West Dubail Street, the petitioner in the matter, made the presentation for the ordinance. She explained that she intender to convert one small bedroom in the home into a beauty shop in order to support herself and her husband who was unable to work. She indicated that Mr. Feltz received social security only and the shop would supplement their income. She explained that the only change would be making an existinc_ window into a door and construction of a sidewalk. Council President Nemeth asked Mr. Douglas Carpenter, Planner for the Area Plan Commission, if the use could be allowed in a "C -1" District. Mr. Carpenter answered that it could. Council Presiden Nemeth asked why the Area Plan Commission had recommended denial of the request. Mr. Carpenter referred to a slide of the area and indicated that the use would be isolated within a residential area. He stated that this was not in keeping with Area Plan's policy. Council President Nemeth asked where Warren Street was located in relationship to the area in question, and Mr. Carpenter pointed out Warren Street on the slide indicating that it is a north -south street. Mrs. Feltz indicated that she had obtained 36 signatures of neighbors who had no objection to the rezoning. Council President Nemeth asked if Mr. Carpenter would suggest a "C -1" rezoning rather than a "C" rezoning if the Council approved Mrs. Feltz's request. Mr. Carpenter indicated that it would be better to rezone the property to "C -1" as it was a more restrictive classification in the residen- tial district. Council President Nemeth asked about the height and area district, and Mr. Carpenter indicated that "A" height and area district would be all right. Councilman Kopczynski made a motion that the request for zoning be amended to be a request to "C -1 District and "A" Height and Area District, seconded by Council President Nemeth. There was furthe discussion. Councilman Horvath was of the opinion that the Council should not allow the rezoning. He felt that, once this was allowed, establishments of the same kind would be scattered throughout the residential districts. He expressed sympathy for Mrs. Feltz; however, he felt the rezoning would be considered spot zoning. Councilman Szymkowiak asked what would happen to the property wh Mrs. Feltz discontinued her operation. He was concerned about another use being started in the home. He asked if Mrs. Feltz had applied for a variance because of the hardship case. Mr. Carpenter indicated that the Area Plan Commission did not permit variances any longer. He stated that the courts had stricken down the variances as illegal. He was of the opinion that, if the request was granted, it would constitute spot zoning. Councilman Parent stated that, when an ordinance is passed for rezoning on the basis of a site plan, the site plan is made a part of the ordinance. When the use is changed, the zoning is not in compliance with the law. He asked if th zoning would be allowed for another use if the house was sold for another use. Mr. Carpenter indicated that he could not answer that question. He had stated that the only structural change would be the doorway and he did not think a person could rezone strictly for a use. There was a call for the question, whereupon a show of hands was requested by Chairman Newburn. The motion carried. Councilman Kopczynski made a motion that the ordinance go to the Council as favorable, as amended, seconded by Council President Nemeth. 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 being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. H. Theodore Noell, First American Bank Building, the attorney representing the petitioners, made the presentation for the ordinance. He indicated that the petitioners were requesting a change in the height and area district from "A" t< "B ". He referred to a slide of the property, indicating that it was located at the corner of Jefferson Boulevard and 35th Street. It is directly across the street from a beauty shop, the United Fund offices, and a doctor's office in the area, as well as the Hickey Funeral Home, GMAC Headquarters and Cole & Associates. He indicated that his clients merely recognized the existing use and would provide a buffer for the use. He explained that there would be no change to the exterior of the building. He filed with the City Clerk a petition bearing the signatures of the persons who had not attended the Area Plan Commission hearing and who did not object to the change in height and area district for -the proposed use. He indicated that Mr. David Herring was present to answer any further questions the Council might have. Council President Nemeth indicated that spot zoning had been talked about, and he did not think th Council could deny a request because of that. He mentioned the violation involving the third stor of the Associates Building and asked about that particular case. He felt that each application should be judged on its own merits. He then asked what changes would be made to the building. Mr REGULAR MEETING NOVEMBER 13, 1973 COMMITTEE OF THE WHOLE MEETING (CONTINUED) Noell indicated that the only changes made would be internal for the creation of the offices. Mr. Herring reaffirmed the fact that there would be no exterior changes to the building. He stated that the firm desired to construct a 50 by 90 foot parking lot to the rear of the property which would be done in the spring of 1974. Council President Nemeth asked what the area to the rear con- sisted of, and Mr. Herring stated that behind the property was a wooded area and a set of railroad tracks. Councilman Miller referred to the building across the street, and Mr. Noell indicated that it was, at the present time, the United Way building. Councilman Miller asked if that was zoned "A" Residential. Mr. Noell indicated that it appeared to be "A" Residential; however, he thought that perhaps a variance had been granted in the past when it was considered legal. Councilman Miller asked if that strip was commercial because, according to the map, the Area Plan Commission showed a commercial strip for that area. Mr. Douglas Carpenter, Planner for the Area Plan Commissi indicated that the Area Plan Commission had, sometime ago, recommended that the funeral home would be the last non - residential use in that area. He explained that there had been many persons again= that particular rezoning. He indicated that there was a single - family residence to the rear of the property in question. He stated that the Area Plan Commission felt that, if one of the request was approved, there would be others and soon the whole area would be commercial. Mr. Noell indicat that his clients were not seeking a request for commercial zoning. He stated that they were seekir a request for "B" Residential which would limit the property to professional offices. He added that parking would be at the rear of the property and there would be no exterior change to the building. Councilman Parent referred to the slide and stated that, at the corner of Hickory and Jefferson, there was a gas station and other commercial uses. Going east on Jefferson, the commercial establishments seemed to diminish. He felt the area in question was a good point to stop the commercial zoning and keep the neighborhood residential. He stated that the neighborhood was a good one in which to live, and he felt that it should be kept exactly as it was. Mr. Noell indicated that, in the area, there were many apartments and multiple- family dwellings. Councilman Kopczynski wondered how a residential area could be justified with a railroad track going through the area. Councilman Parent indicated that there were many residential areas where railroad track: run through. Councilman Serge asked if there were any remonstrators to the rezoning, and Mr. Noel] indicated that there were not. He referred to the petition he had presented to the City Clerk and indicated that the councilmen had received a copy of the petition. Councilman Szymkowiak made a motion that the ordinance go to the Council as favorable, seconded by Councilman Serge. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING MONEYS FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE SOUTH BEND MUNICIPAL WATER WORKS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1974, AND ENDING DECEMBER 31, 1974, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. 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 asked that those persons speaking for or against the ordinance refrain from using personalities. He requested that all questions be directed to the chair and indicated that this portion was the public hearing portion and those persons wishing to speak would be allowed to do so. Mr. Paul Krueper, Manager of the Bureau of Water, made the presentation for the ordinance. He indicated that he had met with the Council a couple of times regarding the ordinance. He wished to recap a few items for the public. He indicated that the budget was based on past performance and where the city should go from this point. Under the fund system by which the bureau operates, 13% must be applied to additions and replacements to the Water Works. He indicated that the amount is about the same as the annual depreciation expense and the department was replacing what was wearing out. He stated that 22% is applied for payment of outstanding bonds and the remaining 65% is for operation and maintenance of the Water Works, paying payrolls of employees, office expenses, etc. He stated that supplies run approximately $190,000 annually. Printing costs are over $17,000 and chemicals cost $30,000. He stated that the current charges are at $350,000, and he briefly mentioned the group insurance plan, social security, retirement and income tax deductions. He stated that the department was processi 50% more bills, collections and complaints than in 1971. Prior to the change in the billing system 160,000 bills went out annually. Now, 240,000 bills go out annually. The additional work was being handled by the same number of employees as in 1971. He talked about the payroll and the personnel, indicating that when he arrived there were 159 employees at the Water Works. The number consisted of 3 board members, an attorney, a personnel officer, 147 full -time employees and 7 part- time employees. He indicated that the average payroll for the last four months of 1971 was around $85,755 monthly. As of October of 1973, there were 3 board members, an attorney, a personnel officer, 138 full -time employees, 2 part -time employees and 2 persons working on the trash program. He stated that the payroll for the remaining months of 1973 shoulg average only about $85,000. He talked about the raise increases approved by the Council in 1971 and 1972 for the years 1972 and 1973. He stated that there should be an increase in the payroll because of this; however, the figures were still holding near $85,000. He stated that the total income from all sources was approximately $2,000,000, not including the leak insurance fund, with total expenditures projected at $2,023,109. With the addition of the depreciation expense of $236,880, the total loss would be $260,000. He concluded by indicating that the department has less employees, payroll has remained constant in spite of two increases and the work load has increased. He stated that all the pro - grams within the Water Works take time to carry out. Council President Nemeth indicated that the Council had proposed the following cuts to the 1974 budget of the Water Works: He stated that the Council had questions concerning the position of Superintendent IV at a salary of $12,500, which was listed on page 1. The Council wished to cut the number of Office Supervisor Trainees to one at a salary of $5,855. The position of Auditor I for the trash program should be corrected to Accounting Clerk IV in order to be in line with the salary ordinance. The Council questioned the need for the Draftsman. It was suggested that ,the number of Meter Readers be reduce to 10. It was further recommended that the number of Meter Men II be reduced to 20, Operator II to 8 and Operator III to 10. The Council questioned the positions of Crew Chief and Skilled Laborers. It was also suggested that overtime be reduced to $35,000; summer help to $25,000; uniforms to $9,800; education, promotion and travel to $4,000; dues and subscriptions to $6,000; printing and office expense to $28,904; deletion of the 1/2 ton pickup to replace 1970 Chevy, the passenger car W.11.1m V 121 om 1A I � ,+ U • COMMITTEE OF THE WHOLE MEETING (CONTINUED) and the van. The Council was concerned about the use of the funds in the amount of $161,408 in t Other Equipment - Meter Account. There was also a question on the leak insurance fund and the suggestion that repairs for leaks be reduced to $25,000. The Council referred to the anticipated income on page 9 and questioned the omission of the income received from the Department of Redevelopment. Mr. Maurice Cohen, 725 East Eckman Street, questioned a few of the positions in the Water Works Department. He stated that he did not remember the position of Bureau Manager and Personnel Director. He stated that the city already had a Personnel Director. He questioned the Office Supervisor and Trainees. He felt there was a conflict of interest on the voting for the budget. He indicated that, if any councilman had relatives working in the Water Works, that councilman should abstain from voting on the ordinance. He talked about other positions and the various line items. He then talked about the cars and trucks and mileage. He referred to the bonding require- ments mandating an appropriation of 13% of revenues to the depreciation fund. Mr. Cohen felt that the Council had made half of the necessary cuts but that there were still more to be made. He referred to the payroll sheet he had obtained and asked Councilman Horvath if his wife worked at the Water Works Department. Councilman Horvath indicated that she did, and Mr. Cohen stated that he could not understand how Councilman Horvath could vote on the ordinance. He felt there would be a conflict of interests. Councilman Horvath felt that his vote had nothing to do with the fact that his wife worked in the department. Chairman Newburn ruled for order. Mr. Cohen concluded that, when there was a conflict of duties, he felt there could not be a vote. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, indicated that the association agreed with the Council on some of the cuts it had made. She indicated that she still had a few questions she wanted answered and a few comments to make. She referred to page 5 of the budget an felt there should be a further reduction. On page 9, there was an anticipated deficit of $630,115. On page 4, there was an increase of $85,000 as proposed. In line item 261.0, there was an increase of $30,000. She asked about these. Mr. Krueper indicated that, in 1973, the budget that was submitted was the first budget made up. He stated that there would undoubtedly be some errors. H stated that some of the errors were being found along the way. He estimated that the operation rejuvenation would run $40,000 to $45,000 a year. He hoped that an annual schedule would be set up on what has to be done. He stated that the Water Works system was a large operation and the equipment and machines need repair from time to time. If proper maintenance is not made, then repair to the equipment would cost a great deal more. Miss Guthrie asked why there was an increase of $27,000 in Account 372, the meter repair parts account. She stated that Mr. Krueper was comparing everything to 1973. Mr. Krueper indicated that that was all he had to work with. Miss Guthrie asked about 1972 and wondered where those figures were. Mr. Krueper stated that there were certain places where there were errors and he admitted this. He stated that he had tried to make the budget right to the best of his ability. He stated that there are discrepancies with the 1973 budget. Miss Guthrie stated that the dues and subscriptions account had been reduced by the Council. She stated that the association requested that, in the future, the dues and subscription for other city departments show up in the budgets. Council President Nemeth indicated that the Council was aware of that now. Miss Guthrie indicated that there was a sizable increase in social security, group insurance, etc. She wondered about this. She stated that the Civic Planning Association agreed with the cut the Council had proposed in the meters. On the $155,000 figure for refunds, she felt it could be reduced because not everyone who had a deposit coming back to them would be requesting the deposits all at once. On page 8, item 581 (taxes to the City of South Bend), there was to be a reduction in the account for the coming year. She felt serious considera- tion should also be given to page 9. She talked about the public fire protection and the increase that would be necessary if the rate increase was approved. She felt that the depreciation expense and repayment of customer accounts should be reduced. Mr. Krueper indicated that, regarding the refund of $155,000, he agreed with Miss Guthrie; however, he stated that the state auditors had indicated that the full amount must be used. As far as the depreciation, he also felt that the meters should be divided into other things. He felt the repair and replacement of some of the radios should be included with the meters. Mr. Walter Lantz, Deputy City Controller, spoke on the tax refund. He stated that the account is actually in lieu of taxes to the City of South Bend and was not in South Bend's assessed valuation. He stated that it was not certified to the County Auditor and the state would not subsidize it because it was an offset item. He stated that the Water Works pays back that amount. Mr. H. J. Noel, 3005 Bonds Avenue, indicated that he wished to speak as Chairman of the Retired Workers Chapter of the United Auto Workers #9, which was made up of 2,400 Bendix retirees. He stated that his group realized that the community was expanding and the facilities must also expand with the growing community. He stated that they wanted to see the community grow; however, he felt that too many times things were ignored. He stated that the proposal for the rate increase failed to recognize that there were hundreds of people who are retired and aged and living strictly on social security. He indicated that this was not true of the people he was representing because they were in a little better circumstance. He did not feel that he, as a Bendix retiree, could absorb the rate increase as well as 0. C. Carmichael. Likewise, the people receiving a lesser income than he. He stated that all the home owners were being place in one category. He asked that the Council take into consideration what he had said when it acted on the water increase. He stated that, on the trash program, the retired persons were given con- sideration. He was hopeful that this procedure would be followed in all cases such as the water rate increase. Mrs. Ann Wlodarski, 1869 Riverside Drive, a member of the St. Joseph County Fair Tax Association, commended the Council for having the budget available for the people to review. She stated that, on page 1, under the Board of Trustees, she questioned the $400 increase and the increase in the salary budget of $200. Mr. Krueper indicated that that was prorated out to the various departments. Mrs. Wlodarski asked about the amount of overtime being put in. Mr. Krueper indicated that, during the past year, there has been work done at night because of problems on watermains, breaks, etc. The traffic is less and the business people are not working at that time. He stated that there are always breaks in the mains and damage done to fire hydrants because of traffic accidents, etc. He stated that he had rechecked the amount of overtime only a short time ago, and the amount as proposed was an adequate amount to cover the overtime which would be put in. Mrs. Wlodarski asked about the amount of $30,000 for the summer help. Mr. Krueper stated that the department hired summer help around the plant for various odd jobs such as cutting the grass, etc., and also for the substitution for full -time persons while on vacations. Mrs. Wlodarski asked for an explanation on the uniforms and how they are dispensed. Mr. Krueper indicated that the city furnishes the uniforms for the employees who meet the public. He stated that, even with the unifoin he is sometimes called to identify a meter man who has to be admitted to the house to read the meter. Mrs. Wlodarski indicated that she agreed on the necessity of the uniforms for the public's (sake. She asked if there were people manned at the pumping stations 24 hours a day, and Mr. Kruep indicated that there were three shifts. Mrs. Goldie Minton, 753 Cottage Grove Avenue, talked about the meter refunds to the customers and the deposits she had made. She felt she had $36 coming back REGULAR MEETING NOVEMBER 13, 1973 IICOMMITTEE OF THE WHOLE MEETING (CONTINUED) to her from the Water Works from various deposits she had made. She wondered about the leak insurance fund. Mr. Krueper indicated that the city collected insurance premiums. He stated that many people that have water breaks are not concerned about the break and the city must take care o it because it is a waste of the Water Works water. Because.of that, the insurance program was adopted. If a leak occurs between the foundation and the curb, it is repaired at no expense to th property owner. Mrs. Minton talked about the stop boxes. Mr. Krueper indicated that the stop box are being repaired for the good of the utility. Mrs. Minton thought that perhaps this was a good idea. She also talked about the estimated billing, indicating that she did not like that. She fe that many people could not afford the proposed water increase. She felt the sewer program was a poor program because the water was very rusty on the west side of town. She talked about the various conventions the city officials attend, wondering how many of them were necessary. She stated that she opposed the rate increase because of that. Chairman Newburn reminded the audience that the rate increase was not being considered at the present time. Miss Guthrie expressed her appreciation to the Council and the administration in meeting with the Civic Planning Association on the proposed budget. She indicated that the association realized that the budget adoption was a very difficult job. Councilman Kopczynski questioned the leak insurance fund and the repair of the watermain from the street to the house. He asked what funds were being used for that He asked about the leaks from the stop boxes. Mr. Krueper indicated that the ordinance reads "leaks" and does not specify. He stated that, if there is a leak anywhere along the line, it should be repaired out of the leak insurance fund. He indicated that the words "if it leaks" are used and it must be paid from the insurance fund. Councilman Kopczynski indicated that the Water Works repairs from the mains to the stop boxes. He felt that the insurance money should not be used for that repair. Mr. Krueper indicated that, if the main leaks, it is paid for from the leak fund and the work was contracted out. Councilman Kopczynski felt this item should be checked into and reviewed. Mr. Krueper indicated that he agreed with Councilman Kopczynski's comments. Councilman Taylor indicated that, on page 1, he questioned the position of Superintendent IV. He wondered if that was a new positior. Mr. Krueper indicated that that was originally meant to be the accountant. He stated that the man left the city and the vacancy was there. Another man became available to the city, and it was felt that a man was needed in that category for major expansions within the city. The growth of the Water Works for the future must be planned. He stated that a man was needed with experience for that position. Councilman Taylor asked about the relation of this particular man to the engineers. Mr. Krueper indicated that the man did not have a degree in engineering; however, he was responsibl for the change at the north pumping station and is very familiar with the distribution system. He stated that the Water Works must plan ahead and this was not being done. He also stated that this particular man-has 25 years of experience with the Water Works. Councilman Parent asked Mr. Krueper to comment on the proposed cuts the Council had made. Mr. James Barcome, City Controller, referred to a graph of the positions in the Water Works, indicating that some of the positions are not put into the right category. He stated that, at one position, there was a Head Cashier who wa responsible for a great deal of money. There was also a Supervisor in that capacity. He stated that, by the proposed cuts, there would have to be a layoff. Council President Nemeth indicated that he was of the opinion that the Superintendent was the Head Cashier. Councilman Miller indicated that, in one case, the Computer Superintendent was receiving $12,000. He stated that, under the Superintendent, there was a Billing Department Coordinator, an Accounting Clerk II and an Auditor III, all basically in supervisory functions. He was referring to the flow chart of the positions within the Water Works. Mr. Krueper stated that many of those.positions were inherited. He stated that a few shifts had been made during the past few months in order to have a more efficient operation of the plant. He stated that, starting the first of the year, he intended to have a profit -loss statement prepared every month. He briefly explained the recent shifts. Councilman Miller indicated that he was merely trying to justify the salary ordinance with the organizational chart. He stated that there was a Billing Department Coordinator listed under Offi Trainee. He stated that someone was moved into the auditing procedure and now cannot function in his past position. Mr. Krueper stated that that man would function as an advisor and foreman. Mr. Barcome stated that almost everything was now under computer and that effort must be coordinat He stated that it was a very good program and the city tries to utilize the up- grading system in employees. Councilman Miller indicated that, according to the chart, there were superintendents under superintendents. Mr. Krueper indicated that there was only one man on the trash program. He suggested a change in classifications. Council President Nemeth suggested that perhaps the two trainees should be left in their category. Mr. Krueper stated that, if a system could be developed to get 1000 of the readings three times a year, computer estimate could be utilized. He stated he felt the meter readers were needed at this time. He stated that every facility at the city's disposal must be used. Councilman Miller indicated that a draftsman was being paid part -time. He wondered if something could be worked out on that arrangement. Mr. Krueper indicat that the department needed a draftsman to keep the records up to date. He stated that there would be too much work for a single part -time draftsman. He indicated that he would go along with the Council's recommendation regarding the position to see how the department was able to function; however, he stated that he might have to come back to the Council. Councilman Miller asked if the same arrangement could be made on the position of Secretary III, and Mr. Krueper indicated that it could not. Council President Nemeth indicated that, on the reduction of the metermen, those five men were being picked up in the Depreciation Fund. Mr. Krueper stated that, with the downtown mall work, extra people would be needed. He did not know if he.could get by with.a decrease of five people. He asked if he had a choice as to what was more important, and stated that he though the men should be taken out of the meter installation program and abandon that idea rather than delete the metermen. Councilman Serge questioned Mr. Krueper on the number of employees he had when he had started. Mr. Krueper indicated that there had been 159 employees, 147 of which were full -time. He stated that now there were 140 employees and only 2 were part -time. Councilman Serge indicated that the operation was much larger now than in the past and the number of employee had been cut down. Councilman Miller again referred to the organizational chart and asked about the Redevelopment category. Mrs. Esther Gross, Auditor for the Water Works, indicated that that man supervises the redevelopment program and works in the Department of Redevelopment. Councilman Miller again brought up the matter of the work done on the downtown mall, indicating that the work should be tapering off. Mr. Krueper indicated that there was still a great deal of work involved. He stated that, by the end of next year, the major portion would be completed. He indicated that Phase IV still has to be done. Councilman Miller asked about Phase IV and wondered if a developer could be responsible for that. Mr. Krueper indicated that his department would still end up doing the work. Councilman Miller indicated that, perhaps next year, the people that the Council pro- posed be cut could be put back on the payroll. He suggested that the Council continue to make the five cuts on the position of Meter Man II and put the positions back if needed next year. Council Kopczynski stated that the men used for the redevelopment were shown in the General Maintenance e d. REGULAR MEETING NOVEMBER 13, 1973 COMMITTEE OF THE WHOLE MEETING (CONTINUED) Fund. He wondered why Mr. Krueper was not rebated by Redevelopment for this. Mr. Krueper indicate that the accountants stated that the procedure must be done in this manner. He stated that he pair out of the General Fund and the money was paid back by the Redevelopment Department. He stated that the credit becomes a contribution.. He mentioned that he was trying to clarify that particu- lar item at the present time. Councilman Kopczynski felt this was an important matter. Mr. Krueper agreed and indicated that he had no objection to change if it worked. Council President Nemeth stated that, under Operators Pumping, the Council suggested eight Operator II positions and ten Operator III positions. Mr. Krueper indicated that that was not a large enough number of men for the city. He stated that this was not just an eight -hour a day job. He indicated that there were three shifts and it included 30 men. Councilman Miller again referred to the organizational chart, stating that he only could find 28 salary slots and there were 30 listed on the payroll sheet. An employee of the Water Works indicated that the men work a certain schedule and are then relieved by other men. Councilman Miller stated that, if that was the case, there were 31 men wits 30 positions on the list. There was confusion on the exact number of employees listed on the organizational chart and the employee list. Mr. Krueper indicated that he hoped the Council would remember that there were many employees that were eligible for two -week vacations and there must bE enough people to fill the slots during the vacation period. He indicated that the same thing hold: true when a person is sick. Councilman Miller questioned the Station Maintenance and Extra Board. An employee of the Water Works indicated that this was for the purpose of emergencies. He stated that, at other times, the particular employee does various other work such as painting, cleaning, etc. Councilman Miller felt there might be some savings on that position. Council President Nemeth made a motion to recess, seconded by Councilman Taylor. The motion carri( and the Committee of the Whole recessed at 9:13 p.m. Reconvened at 10:03 p.m. Council President Nemeth made a motion to amend the ordinance as follows: On page 2 - Delete Auditor I (Trash Program) and insert two positions of Accounting Clerk IV at $7,130. Delete the position of Draftsman at $7,261. Delete the position of Auditor III at $9,950. Delete one position of Meter Reader for a total of 10 such positions at $60,210. On page 3 - Reduce Overtime to $30,000. Reduce Summer Help to $20,000. Reduce Education, Promotion and Travel to $5,000. Reduce Dues and Subscriptions to $5,000. Reduce Printing and Office Expense to $28,000. Reduce Meter Repair Parts to $30,000. On page 5 - Delete the 1/2 Ton Pickup to replace 1970 Chevy at $3,000, the passenger car at $3,100 and the van at $2,700. Reduce meters to $50,000 and add radio equipment at $20,000, main extension at $40,000 and refunds at $40,000. On page 6 - Reduce Refunds of Meter Deposits to $25,000. On page 9 - Add, under Anticipated Income, the Redevelopment contribution of $40,000. Councilman Parent seconded the motion to amend. Councilman Miller stated that the total cuts leav( $58,000 in the General Fund of the Water Works. He indicated that this would change the deficit of about $200,000 to $630,000. He stated that the total deficit; however, does not include the amouni that the general operating fund is already in deficit to the Depreciation Fund. He indicated that this means that the Council has cut $200,000 or one - fifth. Depending on the length of time this would be spread out, he indicated that the Council was saying that there would have to be a 40% increase in the water rate to offset the reductions. He stated that this was as close as he could come to the actual computations. He stated that the cuts meant that, those councilmen in favor of the reductions, should also vote in favor of the 40o increase in the water rate. The motion to amend carried. Councilman Parent then made a motion that the ordinance, as amended, go to the Council as favorable, seconded by Councilman Horvath. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING ALL PARKING GARAGE FEES AND FUNDS FOR THE YEAR 1974 TO THE BOARD OF PUBLIC WORKS OF THE CIVIL CITY OF SOUTH BEND, INDIANA, FOR THE USES AND PURPOSES SET FORTH THEREIN, IN ACCORDANCE WITH CHAPTER 190 OF THE ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF INDIANA OF 1955. 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 City Controller, made the presentation for the ordinance. He stated that the budget was basically the same as in 1973 with the exception of certain inflationary cost increases and the $200 increase in salaries. He indicated that the money required for rental of the validating machines and stamps had also been added because, this year, a transfer had to be made. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, asked if the,car allowance was a new item, and Mr. Lantz answered that it was. He further stated that the manager travels to all the merchants who use the garages, the banks and County -City Building. Miss Guthrie asked how the figure was arrived at, and Mr. James Barcome, City Controller, indicated that it was based on how much the manager had spent out -of- his - pocket the last two years. He indicated that the amount would be 10� a mile. REGULAR MEETING NOVEMBER 13, 1973 IICOMMITTEE OF THE WHOLE MEETING (CONTINUED) Miss Guthrie asked about the validation machines, and Mr. Lantz indicated that the amount for that item was included in the "Other Contractual Services" category. Miss Guthrie stated that Accounts 620, 630 and 640 were new, and Mr. Lantz indicated that the garage had been short on the necessary funds to meet the bond requirements. He indicated that the city had been unable to pay the fringe benefits out of the Parking Garage Fund. Miss Guthrie felt that transferring the money from the parking meter fines again hits the property owner. She wondered how close the city was to meeting the payment on the bonds. Mr. Lantz indicated that the revenues have increased but they have not solved the problem. Miss Guthrie asked if any consideration had been given to an increase in the tax rate itself; and Mr. Lantz indicated that some consideration had been given to that possibilit Miss Guthrie asked how soon the increase might take effect, and Mr. Lantz answered that the decisi had not yet been made. Miss Guthrie concluded by stating that the parking garages were not suppos to cost the taxpayer anything and the taxpayers were paying for it. Mr. Evans of the Civic Planning Association asked about the bond issue. Mr. Lantz indicated that $275,000 was the total bond payment. He stated that interest and principal this year would be about $293,000. Mr. Evans asked if any of the funds would be needed from the money received from the fines to meet the bond payment, and Mr. Lantz indicated that additional funds would be needed from the fines., Councilman Serge asked if the decline in the usage of the garages was due to the construction of the downtown mall. Mr. Lantz indicated that there had not been a decrease. Councilman Serge asked if the fines received had been what the city expected, and Mr. Lantz answered that $6,000 a month had been anticipated and was being received. Council President Nemeth asked about the income received from the garages last year. Mr. Stanley Hull, Manager of the Parking Garages, stated that the figure was $263,000. Council President Nemeth asked if this was in addition to the fines. He asked about the total revenue. Mr. Hull indicated that he furnishes the councilmen with monthly reports setting forth these figures. Miss Guthrie referred to one of the reports, indicating that, last year, receipts from the. garages were $262,600 plus and receipts from the flat lots were $14,000. I lCouncilman Parent made a motion that the ordinance go to the Council as favorable, seconded by Councilman Szymkowiak. The motion carried. 11ORDINANCE AN ORDINANCE APPROPRIATING ALL PARKING METER FEES AND FUNDS FOR THE YEAR 1974 TO THE BOARD OF PUBLIC WORKS OF THE CIVIL CITY OF SOUTH BEND, INDIANA, FOR THE USES AND PURPOSES SET FORTH THEREIN, IN ACCORDANCE WITH CHAPTER 208 OF THE ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF INDIANA OF 1965. This being the time heretofore set for opponents were given an opportunity to the presentation for the ordinance. He He indicated that there was an increase Personal" category to cover the $200 pa in PERF and a slight increase in FICA. public hearing on the above ordinance, proponents and be heard. Mr. Walter Lantz, Deputy City Controller, made stated that the budget was practically the same as 1973. which was necessary of approximately $1,000 in the "Service y increases. He further indicated that there was a decrease The overall increase amounted to about $700. Councilman Szymkowiak made a motion that the ordinance go to the Council as favorable, seconded by Councilman Miller. The motion carried. ILORDINANCE AN ORDINANCE APPROPRIATING $30,000.00 FROM THE'FEDERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS ADMINISTRATIVE PRO- GRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF REDEVELOPMENT. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard., Mr. Larry Wartha, of the Redevelopment Department made the presentation for the ordinance. He explained that, in the past few years, the budget for relocation had been about $80,000 and it had never been completely used. This year, the money was needed and the budget had been expended. He stated that the request was for $30,000 from revenue sharing funds and would carry the program through the remainder of the year. Miss Virginia Guthrie Executive Secretary of the Civic Planning Association, asked what amount would be spent this year, and Mr. Wartha indicated the department must take the cases as they are referred to it. He stated that $60,000 has already been spent and the account was somewhat overrun because of the claims that came in. Miss Guthrie asked if money had been expended that had not been appropriated, and Mr. Wartha stated that the total budget had not been exceeded. Miss Guthrie expressed concern about spending $30,000 in a few months' time. Mr. Wartha again stated that the amount of funds depended on the referrals from the Department of Substandard. Councilman Miller stated that, in the purpose and intent of the revenue sharing fund ordinance, he did not recall that this particular item was a priority at the town forum meetings. He wanted an explanation of the itemized moving expense of $300 as set forth in the information provided to the Council regarding the ordinance. Mr. Wartha indicated that this was the cost of moving the person' belongings from one location to another. Councilman Miller asked if moving companies were contacte to do the work, and Mr. Wartha indicated that they were. Councilman Miller stated that, when a person is relocated, the city pays the first month's rent, all deposits and truck rental. He wondered about the truck rental, and Mr. Wartha explained that the truck rental amount was used in the case when a person moves himself. Councilman Miller asked about the replacement housing pay- ment. Mr. Wartha indicated that this was mandated to be down payment on another house. Councilman Miller stated that the city had moved 43 families with a case load remaining of 33 families. He stated that he had followed one of these cases through and he explained the situation and indicated that there was involved a subsidy payment per month. He stated that the woman had been in arrears in the payments. At sometime, the Substandard Department determined that the home was substandard The woman again was moved with relocation allowances. He wondered if he had not made his payments, if he would be eligible for relocation. Mr. Wartha stated that, if the building was deemed to be substandard, the Redevelopment Department would have to take care of the matter and relocate the residents. Councilman Miller asked if there was an income standard involved, and Mr. Wartha _REGULAR MEETING NOVEMBER 13, 1973 COMMITTEE OF THE WHOLE MEETING (CONTINUED) indicated that there was none. Councilman Miller wondered if this possibly might be one of the reasons why there were so many burn -outs in the city. He thought that perhaps some of the people might be behind in their payments and if the house was burned and considered to be substandard, the resident would be eligible for relocation. Mr. Wartha stated that the resident is not eligible for relocation if he is delinquent in his payments. He stated that he had files on all the relo- cation moves and would be willing to discuss individual cases with the councilmen. Mr. James Roemer, City Attorney, stated that, if what Councilman Miller had thought might be true, the person involved would come out on the "short end of the step ". He stated that the $2,500 does not moti- vate people to damage their homes in order to be relocated. Councilman Miller wondered about those persons making only minimum payments. Mr. Roemer stated that certain qualifications must be met for these subsidies. Councilman Miller stated that the relocation might possibly be creating some of the problems with burn -out and substandard homes. Mr. Roemer stated that, in the Board of Public Safety, that does not appear to be the case. Councilman Miller stated that, in 1971, the relocation payments were $26,000. In 1972, the budget was $60,000. For 1973, with the approval of the requested $30,000, the budget would be $90,000.. This does not include funds from Model Cities and Redevelopment for individual programs. Councilman Parent felt it was not very appropriate to presume that people would willfully damage or not take care of their homes in order to be relocated, He stated that, if those suspicions were there, perhaps they should be studied. Councilman Parent stated that he wondered if $15,000 would take care of the matter rather than the requested $30,000. He stated that a great deal of money was being spent in relocation because of the pressure placed on the Substandard Department. Mr. Wartha stated that whatever the Council approved, the Departmerl would be very happy to receive; however, it was determined that the $30,000 would be needed to carry the department through based on the previous few months. Mr. Roemer pointed out that, if th Council approved the $15,000 amount, there would not only be the affect of saving $15,000, but there would be a cutback on the demolition of the houses, also. Council President Nemeth stated that the Council appropriated additional funds in August for the relocation program. He asked about the schedule followed on the demolition of the substandard homes. He asked where the reason for the demolition was. He was of the opinion that people should be encouraged to keep up their homes. He felt that $90,000 in one year was incredible. He asked how much of the amount budgeted had gone for the Olive Street demolition, and Mr. Wartha stated that the Olive Street case was a different project which was subsidized federally 100 %. Council President Nemeth asked how much money had been received by the federal government for the relocation program. Mr. Wartha stated that all the relocation grants were in the amounts of $50,000 or $100,000. He did not have the exact figure available. He stated that the relocation payments are being reduced each month. He indicated that the request for $30,000 was necessary because of the step -up in the substandard homes. Council President Nemeth commented on the substandard homes and how they become substandar Councilman Kopczynski wondered if a record was kept on each individual relocated to determine how long they remain in one place. Mr. Wartha stated that files are kept on all persons. Councilman Kopczynski asked where the majority of the people were being relocated to, and Mr. Wartha indicate that there were scattered areas throughout the city with some being concentrated on the west side. Councilman Kopczynski asked if Mr. Wartha felt this was a good rehabilitation program and if it helped to cure the conditions. Mr. Wartha stated that, just for the simple fact that the people were relocated into standard homes, it was a good program. Councilman Kopczynski asked for how long the homes are kept standard after a person is moved in. Mr. Wartha again referred to his files, stating that he had that information available on each case. Councilman Kopczynski asked if the amount for relocation would decline or increase in the future. Mr. Wartha stated that, if the last couple months were used as an example, it appeared the amount would increase. Council President Nemeth suggested that the Council direct the matter to the Department of Public Safety. Councilman Serge asked who was in charge of determining a home substandard. Mr. Wartha indicated that Mr. Steed had that authority; however, Mr. Roemer pointed out that the Board of Public Safety takes final action on the recommendation of Mr. Steed. He stated that public hearings are held on all cases and the person is notified and instructed on how to bring the home up to standard. He stated that all this takes a period of time and the homes are not demolished unless they cannot be brought up to standard. He concluded that there was the legal due process matter to consider. Councilman.Szymkowiak asked about the people who keep moving and make the homes substandard. Mr. Wartha stated that he was not aware of more than two or three cases out of 300 where the same person was relocated twice. Councilman Miller stated that, in 1972, out of $50,000, only $7,000 was spent with 32 families being moved. This year, 43 families have been moved and it has cost seven times the amount previously spent. Mr. Wartha stated that there may have been more home renters in one year than in the other. He also indicated that many people move themselves. Councilman Miller stated that the city is also paying practically the maximum in all cases in the relocation housing payments. Mr. Wartha indicated that this was correct. Councilman Miller expressed about putting the city in a "trap ". He stated that the city has not been responsible fo housing in the past, and it was getting to be quite a large operation. He indicated that, on the property tax rate, the city was taking on a major obligation for housing. He asked if the federal revenue sharing funds provide for housing monies. Dr. John Kromkowski, Director of the Department of Human Resources and Economic Development, stated that general revenue sharing does allow expen- ditures for housing. Councilman Parent indicated that it would appear the Council could either table the matter, send it to committee for further study or amend the ordinance reducing the appropriation. Councilman Parent made a motion to amend the ordinance by changing the amount, wherever mentioned, to $10,000 and itemizing the amount of $1,500 in Account No. 261 and the amount of $8,500 in Account No. 262, seconded by Councilman Kopczynski. Councilman Newburn felt it was unfair to say that the people purposely make their homes substandard in order to move into a better home. He indicated that there were problems in the relocation program and that a few people make it hard on all those involved. Mr. Kent Wilcox, Deputy Director of the Community Development Program, stated that an appropriation of $10,000 would only move three families. He stated that $30,000 would take care of 10 families. He indicated that the reduced appropriation would hinder the whole city pro- gram in the area of housing. He stated that cities must take up the slag that the federal govern- ment is leaving. Councilman Kopczynski indicated that he represented around 15,000 people being registered voters and he stated that these people are not aware of the housing program and what the city is involved in. He felt the citizens should be well informed in the line of housing so that the Council could act on these matters according to the wishes of the people. He stated that the money, after all, belonged to the taxpayers. Mr. Wilcox indicated that he agreed with Councilman Kopczynski. Councilman Kopczynski felt that the program should first be submitted and then the funds allotted and approved by the Council. Councilman Miller felt that, if the homes were substandard, it might be better to put $3,000 into each home and bring it up to a standard level that most of the people now live in. He stated that, if the people knew they had to live there, perhaps the problem would be solved. Mr. Wilcox stated that he agreed; however, the need REGULAR MEETING NOVEMBER 13, 1973 IICOMMITTEE OF THE WHOLE MEETING (CONTINUED) for a comprehensive program was the issue at hand. He stated that this was a necessary part of th whole plan. Councilman Szymkowiak asked how many substandard homes were within the city, and Mr. Wilcox answered that there were about 500 and that that figure usually stays steady. Councilman Szymkowiak indicated that, if that was the case, the city was not upgrading fast enough. Councilm Serge felt the percentage of people that do not keep their homes nice was very small. He felt the amount of money needed should be appropriated in order to keep South Bend a nice city. He briefly mentioned that he traveled to other cities quite often and the problems of housing were greater. The motion to amend carried. I lCouncilman Parent made a motion that the ordinance, as amended, go to the Council as favorable, seconded by Councilman Kopczynski. The motion carried. II r)PnTMAMC'F: AN ORDINANCE APPROPRIATING $$7,000.00 FROM THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS MUNICIPAL SERVICES FACILITY PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND 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. Rollin Farrand, Director of the Department of Public Works, made the presentation for the ordinance. He stated that the appropriation would enable the purchase of the old Studebaker building which is adjacent to the Municipal Services Facility. The present building would be demolished and the area cleared. The area in question contained 1.993 acres and, by the addition of the land, the vehicle storage area would be increases at the Municipal Services Facility. He stated that, at present, the vehicles are stored at the Niles Avenue site and were being damaged by vandals. He stated that it was also hoped that the parking area at the MSF could be redesigned and the building fenced off for greater security and control. He quoted from a letter written to the councilmen regarding the request for the purchase of the Studebaker building. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, asked if the breakdown of the total amount, more specifically the figure of $55,000, was for purchase of the land only, and Mr. Farrand indicated that it was. He stated that the present owner would clear the land for $32,000. Council President Nemeth asked if there was a con- tract entered into on the purchase of the property. Mr. James Roemer, City Attorney, indicated that the city has a contract with the present owner, setting forth the amount of $55,000 for the property and $32,000 for reimbursement to the seller for clearing the land. He stated that the appraised amount was $20,000 higher than represented in the proposal. Councilman Miller stated thz he had received a request from START for the use of some space for recycling purposes. He wonderes if there would be room at the Niles Avenue site. Mr. Farrand indicated that he felt it would not be compatible; however, that was his opinion and he was not sure if it could be done. Councilman ,Miller asked that Mr. Farrand look into the matter. Mr. James Barcome, City Controller, stated that he had also had a request from START and he was in the process of trying to find a place for the group. I lCouncilman Serge made a motion that the ordinance go to the Council as favorable, seconded by Councilman Taylor. The motion carried. There being no further business to come before the Committee of the Whole, Council President Neme made a motion to rise and report to the Council and recess, seconded by Councilman Taylor. The motion carried and the Council recessed at 11:20 p.m. ATTEST: CITY CLERK IIREGULAR MEETING - RECONVENED FIR Be it remembered that the regular meeting of the Common Council of the City of South Bend, Indiana reconvened in the Council Chambers at 11:37 p.m., Council President Nemeth presiding and nine members present. IIREPORT FROM THE COMMITTEE ON MINUTES To the Common Council of the City of South Bend: Your committee on the inspection and supervision of the minutes, would respect- fully report that they have inspected the minutes of the October 22, 1973, regular meeting of the Council and found them correct. They, therefore, recommend that the same be approved. s/ Peter J. Nemeth Councilman Newburn made a motion that the report be accepted as read and placed on file and the minutes be approved, seconded by Councilman Taylor. The motion carried. REPORT 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). REPORT FROM AREA PLAN COMMISSION (Ridgedale Nursing Home) The Honorable Common Council November 7, 1973 City of South Bend County -City Building South Bend, Indiana 46601 REGULAR MEETING NOVEMBER 13 1973 IREGULAR MEETING - RECONVENED (CONTINUED) In Re: A proposed ordinance and site development plan of James R. Kelly (Ridgedale Nursing Home) to revise a previously approved site plan, property located at the southwest corner of Ironwood Drive and Ridgedale Road, City of South Bend Gentlemen: The attached petition of James R. Kelly was legally advertised October 6, and October 13, 1973. The Area Plan Commission gave it public hearing October 16, 1973, at which time the matter was tabled. The petition again came on to be heard at a special meeting of the Area Plan Commission November 6, 1973, at which time the following action was taken: "Upon a motion by Russell Rothermel being seconded by Ted Sharp and carried, with John Peddycord and Roger Parent abstaining, the petition of James R. Kelly (Ridgedale Nursing Home) to revise a previously approved site plan, property located at the southwest corner of Ironwood Drive and Ridgedale Road, City of South Bend, 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, s/ Richard S. Johnson RSJ:lari Executive Director enclosures cc: Joseph T. Helling Councilman Taylor made a motion that the ordinance referred to in the report be set for public hearing and second reading on November 26, 1973, seconded by Councilman Kopczynski. The motion carried. IREPORT FROM THE DIRECTOR OF THE DEPARTMENT OF HUMAN RESOURCES AND ECONOMIC DEVELOPMENT Dr. John Kromkowski, Director of the Department of Human Resources and Economic Development, made his quarterly report to the Council. He stated that, regarding the Economic Development Commissio in the nine months of this year, the commission had outdone itself nearly twice as much as last year. He also stated that a number of prospects are in the offering. He introduced Mr. Kent Wilcox, Deputy Director of the Community Development Program, who was to speak regarding the Housing Authority. He indicated that his work as deputy director was a reflection of the overall strategy that Dr. Kromkowski has worked on. He stated that the local Housing Authority has operated almost completely outside the realm of city government. He indicated that it was attempting to draw closer into the government. The authority is governed by five commissioners appointed by the Mayor. Presently, there are approximately 570 units of public housing combined with a development program which would produce in the next two years approximately 150 more units. There are approximately 175 "lease" units available. Presently, there is a staff of 35 persons, most of which are in the area of maintenance. There are four cars and six trucks within the authority. The funds come from the rents and the money received from the federal government. On annual contribution contracts, the city is given the funds to operate the Housing Authority. He stated that the outlook for federal funds in the area of public housing was very bleak, and the full intent of the present administration was to turn public housing over to the localities to manage. He indicated that the federal government has not been able to manage it and soon the city would be faced with the problem. He indicated that the form of federal assistance in the future would be housing allotment similar to a food stamp program. This would be handled on an individual basis where the individual would be the person going out and seeking the housing. He concluded that the only housing program that would be funded would be the Section 23 Lease Program where the Housing Authority goes out and leases homes and then, in turn, subleases to individuals. Council President Nemeth thanked Dr. Kromkowski and Mr. Wilcox for their presentations. (PETITIONS TO AMEND ZONING ORDINANCE I (We), the undersigned, do hereby respectfully make application and petition the Common Council of the City of South Bend to amend the Zoning Ordinance of the City of South Bend as hereinafter requested, and in support of this application, the following facts are shown: 1. The property sought to be rezoned is located at 1104 Notre Dame Avenue, South Bend, Indiana. 2. The property is owned by The National Bank and Trust Company of South Bend, Guardian for Jack and Lucile Young. 3. A legal description of the property is as follows: Lots Numbered 50, 51 and 52 as shown on the recorded Plat of Sorin's Second Addition to the Town of Lowell, now within and a part of the City of South Bend, Indiana, in St. Joseph County. 4. It is desired and requested that the foregoing property be rezoned from "A" Residence Use and "A" Height and Area District to "B" Residence Use and "B" Height and Area District. 5. It is proposed that the property will be put to the following use and the following building(s) will be constructed (include number of dwelling units if residential) : No buildings will be constructed, the existing improvements will be utilized as a drug abuse center by the Mental Health Association of St. Joseph County, for the in- and out - patient treatment of drug abuse. REGULAR MEETING NOVEMBER 13, 1973 IIREGULAR MEETING - RECONVENED (CONTINUED) 6. Number of off- street parking spaces to be provided: Five (5) 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: Jack C. Dunfee, Jr. MENTAL HEALTH ASSOCIATION OF ST. JOSEPH COUNTY By s/ Jack C. Dunfee, Jr. Its Attorney Thornburg, McGill, Deahl, Harman, Carey & Murray Sixth Floor, First Bank Building South Bend, Indiana 46601 Telephone: 233 -1171 Exhibit A - Preliminary Site Plan Exhibit B - List of names and addresses of property owners within 300 feet 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 Indiana - 1962, Section 40, as amended, and General Ordinance. No. 4990 -68, as hereinafter requested, and in support of this application, the following facts are shown: 1. The property sought to be rezoned is located at Osborne and George Streets, in Frantz's 2nd and 3rd Addition to the City of South Bend, Indiana. 2. The property is owned by Roland W. Goheen. 3. A legal description of the property is as follows: The Northerly parts of Lots Numbered Thirteen (13) and Fourteen (14) in Frantz's 3rd Addition and all of Lots Numbered Fourteen (14) and the Northerly part of Lot Numbered Fifteen (15) in Frantz's 2nd Addition to the City of South Bend, Indiana, all as shown on the map attached hereto and marked "EXHIBIT A ". 4. It is desired and requested that the foregoing property be rezoned from "B" Residential Use District and "B" Height and Area District to "C" Commercial Use District and "C" Height and Area District. 5. It is proposed that the property will be put to the following use: To erect a billboard. 6. Number of off - street parking spaces to be provided: None. 7. Attached is a copy of an existing plot plan showing my property and other surrounding properties; and names and addresses of all of the individuals, firms or corporations owning property within 300 feet of the property sought to be rezoned. s/ Roland W. Goheen By s/ W. E. Voor Voor, Jackson, McMichael & Allen 300 First Bank Building South Bend, Indiana 46601 Telephone: 234 -6061, his attorneys I (We), the undersigned, do hereby respectfully make application and petition the Common Council of the City of South Bend to amend the Zoning Ordinance of the City of South Bend as hereinafter requested, and in support of this application, the following facts are shown: 1. The property sought to be rezoned is located on the South side of Ireland Road between a point 177.2 feet East of the East line of St. Joseph Street running East 553.7 feet to a point 143 feet West of the West line of Fellows Street. See Exhibit A attached hereto and made a part hereof. 2. The property is owned by various parties, all of which have optioned to sell to Petitioners their properties described in Paragraph 3 of this petition. 3. A legal description of the property is as.follows: A parcel of land in the Southwest One - Quarter (1/4) of Section 25, Township 37 North, Range 2 East, described as commencing at the Northwest corner of Lot Numbered 21 in Hawblitzel's Addition, which REGULAR MEETING NOVEMBER 13, 1973 REGULAR MEETING - RECONVENED (CONTINUED) point is also on the South line of Ireland Road; thence West along the South side of Ireland Road 553.7 feet; thence South 300 feet; thence East on a line parallel to the South line of said Ireland Road 353.7 feet; thence South, 420 feet, more or less, to a point due West and 200 feet distant from the Northwest corner of Lot Numbered 15 in said Hawblitzel's Addition; thence East 200 feet to the Northwest corner of said Lot Numbered 15; thence North, 720 feet, more or less, to the place of beginning.in St. Joseph County, Indiana, containing 5.74 acres, more or less. 4. It is desired and requested that the foregoing property be rezoned from "A" Residence Use and "A" Height and Area district to "C -2" Planned Shopping Center Use and "C" Height and Area District. 5. It is proposed that the property will be put to the following use and the following building(s) will be constructed (include number of dwelling units if residential): _ A neighborhood shopping center of less than 100,000 square feet con- sisting of not more than 50,000 square feet of Gross Leasable Area of uses amongst those permitted by Sub - section 4A of Section 4 -B of the Zoning Ordinance of the City of South Bend. 6. Number of off- street parking spaces to be provided: Not less than the number required by the Zoning Ordinance of the City of South Bend which will be determined at such time as the uses and Gross Leasable Area are finally determined. 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) preliminary development plan. J. FRANK HARTWIG AND JAMES P. LOCKER By s/ Jack C. Dunfee, Jr. Thornburg, McGill, Deahl, Harman, Murray & Carey Sixth Floor, First Bank Building South Bend, Indiana 46601 Petition Prepared by: Telephone: 233 -1171 Jack C. Dunfee, Jr. Exhibit A - Plot Plan showing existing area Exhibit B - Preliminary development plan Exhibit C - Names and addresses of property owners within 300 feet I(we), 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 the City of South Bend, Indiana, as hereinafter requested, and in support of this applica- tion, the following facts are shown: 1. The property sought to be rezoned is located at 2530 Kenwood, South Bend, Indiana. 2. The property is owned by Bert N. Marroni and John N. Marroni, d /b /a Marroni's Catering Service, also known as South Bend Vending. 3. A legal description of the property is as follows: Lots Numbered Sixty -eight (68), Sixty -seven (67) and Sixty -six (66) as shown on the recorded Plat of Kaley's Subdivision of the Southeast part of the Southwest Quarter (4) of Section three (3), Township Thirty -seven (37) north, Range two (2) East, now within and a part of the City of South Bend, in St. Joseph County, Indiana, AND A lot or parcel of land sixteen (16) feet in width East and West, taken off of and from the entire length of the West side of Lot Numbered Sixty -five (65), as shown on the recorded Plat of Kaley's Subdivision of the Southeast part of the Southwest Quarter (�4,) of Section three (3), Township Thirty -seven (37) north, Range two (2) East, now within and a part of the City of South Bend, in St. Joseph County, Indiana. 4. It is desired and requested that the foregoing property be rezoned from "B" Residential Use and "B" Height and Area District to "D" Light Industrial Use and "D" Height and Area District. 5. It is proposed that the property will,be put to the following use and the following building(s) will be constructed (include number of dwelling units if residential): One 60' X 60' building to be constructed and affixed to existing building for use as storage space for presently operated vending business. REGULAR MEETING NOVEMBER 13, 1973 REGULAR MEETING - RECONVENED (CONTINUED) 6. Number of off - street parking spaces to be provided: Five (5) 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: Thomas J. Roemer 506 Tower Building South Bend, Indiana s/ Bert Marroni s/ John N. Marroni 2530 Kenwood South Bend, Indiana Council President Nemeth indicated that action would be taken on the petitions at the first read of the ordinances. ORDINANCES, SECOND READING ORDINANCE NO. 5597 -73 AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO. 4990 -68, CHAPTER 40 OF THE as,iq s. MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, FORMERLY REFERRED TO AS ZONING a 1? 12 J, ORDINANCE NO. 3702, AS AMENDED (2017 WEST DUBAIL STREET) . This ordinance had second reading. Councilman Kopczynski made a motion to amend the ordinance to a change in zoning to "C -1" Commercial, seconded by Councilman Serge. The motion carried. Councilman Kopczynski then made a motion that the ordinance pass, as amended, seconded by Councilman Taylor. The ordinance passed by a roll call vote of seven ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Newburn and Nemeth) and two nays (Councilmen Parent and Horvath). ORDINANCE NO. 5598 -73 AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO. 4990 -68, CHAPTER 40 OF THE,�„�� /� s , MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, FORMERLY REFERRED TO AS ZONING ep_J ORDINANCE NO. 3702, AS AMENDED (3414 EAST JEFFERSON BOULEVARD). This ordinance had second reading. Councilman Serge made a motion that the ordinance pass, seconded by Councilman Kopczynski. The ordinance passed by a roll call vote of seven ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Newburn and Nemeth) and two nays (Councilmen Parent and Horvath). (ORDINANCE NO. 5599 -73 AN ORDINANCE APPROPRIATING MONEYS FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE SOUTH BEND MUNICIPAL WATER WORKS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1974, AND ENDING DECEMBER 31, 1974, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This ordinance had second reading. Mr. Walter Lantz, Deputy City Controller, stated that the Council desired to make the following amendments: On page 2 - Delete Auditor I (Trash Program) and insert two positions of Accounting Clerk IV at $7,130. Delete the position of Auditor III at $9,950. Delete the position of Draftsman at $7,261. Delete one position of Meter Reader for a total of $60,210. On page 3 - Reduce Overtime to $30,000. On page 4 - Reduce Summer Help to $20,000. Reduce Education, Promotion and Travel to $5,000. Reduce Dues and Subscriptions to $5,000. Reduce Printing and Office Expense to $28,000. Reduce Meter Repair Parts to $30,000. On page 5 - Delete 1/2 Ton Pickup to replace 1970 Chevy at $3,000. Delete passenger car at $3,100. Delete van at $2,700. Reduce meters to $50,000 and insert radio equipment at $20,000; main extension at $40,000; and refunds at $40,000. On page 6 - Reduce Refunds of Meter Deposits to $25,000. REGULAR MEETING NOVEMBER 13a 1973 IREGULAR MEETING - RECONVENED (CONTINUED) On page 9 - Insert Redevelopment contribution of $40,000 under Anticipated Income. Councilman Parent made a motion to amend the ordinance as indicated by Mr. Lantz, seconded by Councilman Kopczynski. The motion carried. Councilman Parent then made a motion that the ordinanc 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. 5600 -73 AN ORDINANCE APPROPRIATING ALL PARKING GARAGE FEES AND FUNDS FOR THE YEAR 1974 TO THE BOARD OF PUBLIC WORKS OF THE CIVIL CITY OF SOUTH BEND, INDIANA, FOR THE USES AND PURPOSES SET FORTH THEREIN, IN ACCORDANCE WITH CHAPTER 190 OF THE ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF INDIANA OF 1955. This ordinance had second reading. Council President Nemeth questioned the 1955 date in this ordinance and the 1965 date in the Parking Meter ordinance. Mr. Walter Lantz, Deputy City Controller, indicated that the two dates were correct because there were two different acts. Councilman Taylor made a motion that the ordinance pass, seconded by Councilman Kopczynski. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). (ORDINANCE NO: 5601 -73 AN ORDINANCE APPROPRIATING ALL PARKING METER FEES AND FUNDS FOR THE YEAR 1974 TO THE BOARD OF PUBLIC WORKS OF THE CIVIL CITY OF SOUTH BEND, INDIANA, FOR THE USES AND PURPOSES SET FORTH THEREIN, IN ACCORDANCE WITH CHAPTER 208 OF THE ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF INDIANA OF 1965. This ordinance had second reading. Councilman Horvath made a motion that the ordinance pass, seconded by Councilman Kopczynski. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE NO. 5602 -73 AN ORDINANCE APPROPRIATING $30,000.00 FROM THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS ADMINISTRATIVE PRO - GRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF REDEVELOPMENT. This ordinance had second reading. Councilman Parent made a motion to amend the ordinance by the deletion of the figure of $30,000 and the insertion of the figure of $10,000 wherever mentioned, with a breakdown in the accounts in the amount of $1,500 for Account No. 261 and $8,500 for Accouni No. 262, seconded by Councilman Kopczynski. 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 seven ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Horvath and Nemeth) and two nays (Councilmen Kopczynski and Newburn). ORDINANCE NO. 5603 -73 AN ORDINANCE APPROPRIATING $87,000.00 FROM THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS MUNICIPAL SERVICES FACILITY PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC WORKS. 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). RESOLUTIONS RESOLUTION NO. 394 -73 A RESOLUTION FINDING AND ADJUDGING THAT THE FINANCING OF FACILITIES FOR ESLINGER TV AND APPLIANCES, INC., 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. 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, Eslinger TV & Appliances, 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 REGULAR MEETING NOVEMBER 13, 1973 11REGULAR MEETING - RECONVENED (CONTINUED) 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 October 5, 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 Eslinger TV & Appliances, 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 Eslinger TV & Appliances, 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 South Bend Development Commission, explained that, on October 5, the commission had approved the financing. The project involved an expansion program in the amount of $190,000. Mr. Fedder state that the same policy that has been followed in the past had been followed on the Eslinger applica- tion. He stated that there would be an increased tax base and an addition to the staff of 3 to 5 employees. Council President Nemeth thanked Mr. Eslinger for staying at the meeting for the pre- sentation of the resolution. Councilman Parent made a motion that The resolution passed by a roll call Parent, Taylor, Kopczynski, Horvath, IIRESOLUTION NO. 395 -73 the resolution be adopted, seconded by Councilman Taylor. vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Newburn and Nemeth). A RESOLUTION FOR A- TRANSFER OF FUNDS TO ACCOUNT NO. 5 -265, "OTHER CONTRACTUAL SERVICES ", IN THE STUDEBAKER HISTORICAL COLLECTION BUDGET IN THE AMOUNT OF $420.00, AND THE TRANSFER OF SAID SUM FROM ACCOUNT NO. 5 -251, "REPAIRS OF BUILDINGS AND STRUCTURES ", BOTH ACCOUNTS BEING IN THE "SERVICES CONTRACTUAL" CATEGORY AND BOTH WITHIN THE GENERAL FUND. 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 City Government to meet the extraordinary conditions; and WHEREAS, additional funds are needed for Account S -265, "Other Contractual Services ", to enable the Studebaker Historical Collection to complete the contract for storage of the Studebaker vehicles, to assure the department's ability to properly perform its functions; and WHEREAS, a surplus exists in another account where it is not presently needed. This surplus is shown more specifically as follows, to -wit: $420.00 in Account S -251, "Repair of Buildings and Structures" NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana: SECTION I. That the sum of $420.00 be transferred from Account-No. S -251, "Repair of Buildings and Structures ", to Account No. S -265, "Other Contractual Services ", both of said accounts in the Studebaker Historical Collection budget being in the same "Services Contractual" category, and all being within the General Fund. s/ Peter J. Nemeth Member of the Common Council A public hearing was held on the resolution at this time. Council President Nemeth briefly explained the request for the transfer, reading from the letter of explanation submitted with the resolution. Councilman Kopczynski 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). ' • 1 � L§Tr REGULAR MEETING - RECONVENED (CONTINUED) RESOLUTION NO. 396 -73 A RESOLUTION AUTHORIZING THE EXECUTION AND DESIGNATING THE SIGNATORY BY NAME AND TITLE OF A CONTRACT BETWEEN THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND THE CITY OF SOUTH BEND, INDIANA, FOR THE PURPOSE OF OBTAINING PARTIAL FUNDING FOR THE MODEL CITIES SEWER SEPARATION PROJECT, CS -2 -1972. WHEREAS, the City of South Bend, Indiana (hereinafter "Recipient "), has submitted an application to the United States of America acting through the Secretary of the U. S. Department of Housing and Urban Development (hereinafter "Government ") for a grant under Section 702 of the 1965 Housing and Urban Development Act; and WHEREAS, the Government has approved such application subject to certain conditions and has sent the Recipient a proposed Contract, identified Contract H(502) -7009 (hereinafter "Contract ") for approval and execution by the Recipient; and WHEREAS, the Recipient has fully considered the proposed Contract; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana: 1. That the proposed Contract, A COPY OF WHICH IS ATTACHED HERETO, is approved, 2. That Jerry J. Miller, Mayor of the City of South Bend is hereby authorized and directed to execute such proposed Contract in the name and on behalf of the Recipient and in as many counterparts as necessary, 3. That Jerry J. Miller, Mayor of the City of South Bend is hereby authorized and directed to impress and attest the Recipient's official seal on all counterparts of such Contract, and, 4. That the proper officer is directed to send the counterparts of such Contract and related papers to the Government. s/ Peter J. Nemeth Member of the Common Council A public hearing was held on the resolution at this time. Mr. Rollin Farrand, Director of the Department of Public Works, explained that the contract was still in the offices of HUD; however, he had furnished Councilman Horvath a copy of a similar contract for the Council to examine. He stated that he had received a telegram from HUD regarding the delay and there has been an exten- sion of another week for completion of the contract on the part of the city. He stated that the resolution authorizes the Mayor to enter into a contract for storm sewer separation in the Model Cities area, which is bounded on the south by the Penn Central Railroad, on the east by William Street, on the north by Lincolnway West and on the west by Bendix Drive Park. He stated that the project cost was 2.1 million dollars with the federal government contributing $570,000. He indicated that the area was not one of the original high priority areas. He briefly talked about the retention basin in the Randolph Street area and other construction in the city. He stated that, with planning and construction underway, it was recommended that preparation of the program be started. He mentioned there were problems which dealt with basement flooding in the Model Cities area with ground elevations approximately 10 feet less than the rest of the area. He indicated that the city as mandated must provide for this program by 1977. He stated that there were some street improvements in the area, and the storm sewer improvements were a pre- condition of the project. The program is one that was outlined in the Model Cities report which was dis- cussed by the Council and department heads involved. Mr. Walter Light, from the Bendix Corporation, Brake and Steering Division, indicated that Bendix had been mentioned as a boundary. Mr. Farrand stated that the western boundary would be bounded by Bendix Drive and park. Mr. Farrand briefly talked about the Orange Street - Colfax Avenue connector in relation to the sewer separation project. Council President Nemeth asked where the city's share of the project cost would come from, and Mr. Farrand indicated that $200,000 would come from the Local Road and Street Fund with the remaining amount coming from the Cumulative Sewer Fund. Council President Nemeth asked about the amount in the Cumulative Sewer Fund, and Mr. Farrand indicated that there was 2 million dollars in the fund at the present time. Council President Nemeth asked about other priorities. Mr. Farrand cited other projects that would also be funded out of Cumulative Sewer funds, with $750,000 coming into the fund next year. He assured the Council that the total funding was available for the projects. Councilman Taylor asked if money had been requested from HUD for projects in other parts of the city, and Mr. Farrand indicatE that the request had been made, and he had been told that the city was fortunate to be receiving the funds for the storm sewer separation project. Councilman Taylor indicated that next year was to be an election for congressmen, and he suggested that perhaps Indiana's congressmen should be contacted regarding the federal funding received from HUD for various projects. He felt it was unfair that HUD was "calling the shots ". He stated that he felt the matter should be tabled and further study made, and the city should take advantage of the people serving it in Congress. Councilman Kopczynski was concerned about the effect the project would have on the adjacent parts of the city. Mr. Farrand answered that the project included a retention basin to take alot of storm water out of the system. He stated that the capacity of the system would be increased. He also mentioned that the project would not solve the entire problem because additional work would be necessary in order to separate sewers within the city. Councilman Kopczynski asked about the percentage of area that would be helped by the project, and Mr. Farrand stated that it was hoped the project would solve the basement flooding in that area. Councilman Kopczynski expressed con- cern about the rest of the city, and Mr. Farrand indicated that storm water would be taken out of the city's present system; however, the west side of town would probably benefit more from the project. Councilman Kopczynski stated that the southwest and north quarters of the city would not benefit greatly. Mr. Farrand stated that there were sewers coming in from the west and south and both those areas were included. He quoted from a report made on the project regarding the trunk sewers and water handled. Councilman Miller asked if the project was being approved at this time. REGULAR MEETING NOVEMBER 13, 1973 11REGULAR MEETING - RECONVENED (CONTINUED) Mr. Farrand stated that part of the contract says the city will approve the project. Councilman Miller wondered if the cost of the project could be cut by the Council. Mr. Farrand reminded the Council that they were not appropriating money at this time and that he would be coming back to the Council for that in the future. Councilman Taylor asked about the deadline to be met. Mr. Farrand ,stated that the original proposal was that the contract must be signed and in the offices of HUD by November 15. He stated that, at present, the city did not even have the contract. Councilman Parent felt the project was an important one. Councilman Parent made a motion The resolution passed by a roll Parent, Kopczynski, Newburn and that the resolution be adopted, seconded by Councilman Szymkowiak. call vote of seven ayes (Councilmen Serge, Szymkowiak, Miller, Nemeth) and two nays (Councilmen Taylor and Horvath). Councilman Miller asked if the project would provide local credits for other programs, and Mr. Farrand indicated that it would not. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, wondered if the Council was approving something they did not really know any thing about. Mr. Farrand stated that what she had said was partially true; however, he had provid a copy of a similar contract to Councilman Horvath for the'Council's perusal. Council President Nemeth questioned the method of approving the contract. Mr. James Roemer, City Attorney, stated that, when the federal government prepares the contract, they "call the shots ". Miss Guthrie aske if Council President Nemeth, in his own business, would approve a contract that he had not seen. ,Council President Nemeth stated that the Council was only giving the Mayor authority to enter into a contract and the Council must rely on the Mayor's judgment. He stated that appropriation of the contract would come back to the Council for approval. 11ORDINANCES, FIRST READING 11ORDINANCE NO. 5604 -73 AN ORDINANCE APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE AND ECONOMIC DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF PER- TAINING TO ESLINGER TV & APPLIANCES, 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 vot 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 South Bend Development Commission, indicated that, on page 2, the date of November 13 should be inserted in the blank line. Councilman Taylor made such a motion, seconded by Councilman Kopczynski. The motion carried. Councilman Horvath made a motion that the ordinance, as amended by the insertion of the date, be passed, seconded by Councilman Kopczynski. The ordinance passed by a roll call vo of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). II nRDINANCE This ordinance had for public hearing motion carried. II nRDTNANCE This ordinance had for public hearing motion carried. 11ORDINANCE This ordinance had for public hearing motion carried. II nRnTNANCE This ordinance public hearing carried. II nRT)TNANCE This ordinance Public hearing carried. AN ORDINANCE AMENDING CHAPTER 13, OFFENSES, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA. first reading. Councilman Kopczynski made a motion that the ordinance be set and second reading on November 26, 1973, seconded by Councilman Taylor. The AN ORDINANCE APPROPRIATING THE SUM OF $3,798.02 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND. first reading. Councilman Kopczynski made a motion that the ordinance be set and second reading.on November 26, 1973, seconded by Councilman Parent. The AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, FOR THE REGULATION OF CITY -OWNED VEHICLES. first reading. Councilman Kopczynski made a motion that the ordinance be set and second reading on November 26, 1973, seconded by Councilman Taylor. The AN ORDINANCE APPROPRIATING MONEYS FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE BUREAU OF SANITATION OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1974, AND ENDING DECEMBER 31, 1974, INCLUDING ALL OUT- STANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. had first reading. Councilman Parent made a motion that the ordinance beset for and second reading on November 26, 1973, seconded by Councilman Taylor. The motion AN ORDINANCE APPROPRIATING MONEYS FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE BUREAU OF SOLID WASTE OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1974, AND ENDING DECEMBER 31, 1974, INCLUDING ALL OUT- STANDING CLAIMS AND OBLIGATIONS, AND FIXING. A TIME WHEN THE SAME SHALL TAKE EFFECT. had first reading. Councilman Taylor made a motion that the ordinance be set for and second reading on November 26, 1973, seconded by Councilman Miller. The motion REGULAR MEETING - RECONVENED (CONTINUED) ORDINANCE AN ORDINANCE APPROPRIATING MONEYS FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE WASTE WATER TREATMENT PLANT OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1974, AND ENDING DECEMBER 31, 1974, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This ordinance had first reading. Councilman Miller made a motion that the ordinance be set for public hearing and second reading on November 26, 1973, seconded by Councilman Newburn. The motioi carried. ORDINANCE NO. 5605 -73 AN ORDINANCE FOR THE TRANSFER OF FUNDS WITHIN THE CITY CLERK BUDGET IN THE AMOUNT OF $150.00 FROM ACCOUNT 2521, "REPAIRS OF EQUIPMENT ", TO ACCOUNT 361, "OFFICIAL RECORDS ", BOTH ACCOUNTS BEING WITHIN THE CITY CLERK BUDGET IN THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. This ordinance had first reading. Councilman Newburn 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. Mrs. Ireme K. Gammon, City Clerk, explained the request for the transfer of funds. Miss Virginia Guthrie, Executive Secretary of the Civic Plannii Association, wondered if the Council could suspend the rules and take action and not legally adver- tise the transfer. It was explained that the ordinance merely authorized a transfer within a departmental budget and was not an additional appropriation; therefore, not requiring publication. Councilman Kopczynski 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 AN ORDINANCE FOR THE TRANSFER OF FUNDS WITHIN VARIOUS DEPARTMENTAL BUDGETS IN THE GENERAL FUND, MOTOR VEHICLE HIGHWAY FUND, AND PARK MAINTENANCE FUND, ALL TRANSFERS BEING WITHIN THEIR RESPECTIVE DEPARTMENT AND RESPECTIVE FUND, OF THE CITY OF SOUTH BEND, INDIANA. This ordinance had first reading. Councilman Newburn made a motion that the ordinance be set for public hearing and second reading on November 26, 1973, seconded by Councilman Kopczynski. The motion carried. ORDINANCE NO. 5606 -73 AN ORDINANCE AMENDING THE TITLE OF ORDINANCE NO. 5578 -73, PASSED SEPTEMBER 24, 1973, BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA. This ordinance had first reading. Councilman Horvath 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. Council President Nemeth asked for an explanation of the ordinance, and Mr. Walter Lantz, Deputy City Controller, explained that the money had been originally appropriated out of the Cumulative Capital Improvement Fund for Project R & S 40. Mone, had been left over and the city requested a transfer; however, the original ordinance stated that it was an appropriation instead of a transfer. He stated that the State Board of Accounts had approved the matter but asked that the title be amended to show that the ordinance was for the purpose of a transfer of funds. 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. 5607 -73 AN ORDINANCE FOR THE TRANSFER OF $200.00 FROM ACCOUNT NO. 120.0, "SERVICES PERSONAL ", TO ACCOUNT NO. 224.0, "WATER- CONTRACTUALS ", BOTH ACCOUNTS BEING WITHIN THE CITY CEMETERY DEPARTMENT BUDGET OF THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. This ordinance had first reading. Councilman Kopczynski made a motion to suspend the rules and take action on the ordinance, seconded by Councilman Horvath. The motion carried by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). This ordinance had second reading. Council President Nemeth read the letter of explanation attached to the ordinance. 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 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 - 1104 NOTRE DAME AVE.) This ordinance had first reading. Councilman Parent made a motion that the ordinance, along with REGULAR MEETING NOVEMBER 13 1973 11REGULAR MEETING - RECONVENED (CONTINUED) the petition, be referred to the Area Plan Commission and also set for public hearing and second reading on November 26, 1973, seconded by Councilman Miller. A roll call vote was requested. The motion carried by a roll call vote of five ayes (Councilmen Szymkowiak, Miller, Parent, Taylor and Horvath) and four nays (Councilmen Serge, Kopczynski, Newburn and Nemeth). Council President Nemet stated that he was opposed to this, indicating that the regular procedure of referring to Area Planl with a report then coming back and the matter then being set for public hearing should be followed.) He felt that, if this exception was made, there would be others. Mr. James Roemer, City Attorney, stated that he felt the motion was in order. Councilman Parent stated that there was urgency on the rezoning. IIORDINANCE This ordinance the petition, carried. IIORDINANCE This ordinance the petition, carried. IIORDINANCE AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA - 1962, SECTION 40, AS AMENDED, AND GENERAL ORDINANCE NO. 4990 -68, AND THE ACCOMPANYING MAP THERETO GENERALLY KNOWN AS THE SOUTH BEND ZONING ORDINANCE BY CHANGING THE ZONING OF CERTAIN LOTS AS HEREINAFTER SET FORTH (OSBORNE AND GEORGE STREETS). had first reading. Councilman Parent made a motion that the ordinance, along with be referred to the Area Plan Commission, seconded by Councilman Taylor. The motion 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 - SOUTH SIDE OF IRELAND ROAD) . had first reading. Councilman Taylor made a motion that.the ordinance, along with be referred to the Area Plan Commission, seconded by Councilman Serge. The motion AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, IDENTIFIED AS ORDINANCE NO. 4990, ORDINANCE NO. 3702, AS AMENDED, TO THE EXTENT IT IS STILL EFFECTIVE, AND THE MUNICIPAL CODE OF SOUTH BEND, INDIANA, SECTIONS 40 -1 TO SECTIONS 40 -43, AS AMENDED, TO THE EXTENT IT IS STILL EFFECTIVE (2530 KENWOOD STREET). This ordinance had first reading. Councilman Taylor made a motion that the ordinance, along with the petition, be referred to the Area Plan Commission, seconded by Councilman Miller. The motion carried. IIUNFINISHED BUSINESS AN ORDINANCE AMENDING CHAPTER 13 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, .INDIANA, 1971, BY THE ADDITION OF ARTICLE 6 TO PROHIBIT THE BURNING OF LEAVES WITHIN THE CITY. Council President Nemeth indicated that the Council had passed the ordinance on October 22, 1973, and the Mayor had vetoed the ordinance on October 26, 1973. Mr. James Roemer, City Attorney, spokE in the Mayor's behalf, indicating that the Mayor had vetoed the ordinance because the amendment which allowed two 30 -day periods of burning would concentrate the pollution to those periods. Councilman Parent stated that, if the Council overrode the Mayor's veto, there would be no more burning after November 15 and next year, perhaps the matter could be resolved. Councilman Miller felt this was a legitimate compromise; however, he felt a stronger ordinance should be drafted. He felt the Mayor should be requested to provide the equipment to handle the situation. Council President Nemeth stated that the ordinance must be published if the Council voted to override the Mayor's veto. He stated that it would not go into effect November 15 as stated by Councilman Parent. He felt that two periods of leaf burning in a year was far better than burning all year. Councilman Taylor agreed with Council President Nemeth even though he opposed the burning. He felt this arrangement was better than nothing. Councilman Szymkowiak felt the matter was very important and he indicated that he had been disappointed when the Council had passed the ordinance, Mr. Roemer stated that the Mayor would prefer burning all year round rather than the two 30 -day periods set forth in the ordinance. Councilman Serge felt that, until the proper equipment was available to the city, two 30 -day periods of burning was better than all year round. Councilman Kopczynski felt this was a practical thing to do. He stated that last year it was demonstrated that the leaves could not be picked up adequately. He felt this was the best solution to the problem at the present time. Council President Nemeth felt a study should be done on the problem to determine the effects of picking up leaves and depositing them in a landfill, the effects of burning, the cost of the landfill and as the problem related to future annexations. Councilman Horvath stated that it had been mentioned that the Street Department was not picking up the leaves. He asked Don Decker, Street Commissioner, to comment on that remark. Mr. Decker stated that the department was trying to pick up as many leaves as possible in the time allowed. Council President Nemeth indicated that he would ask for a vote from the councilmen and that an aye vote meant a vot( to override the Mayor's veto and a nay vote meant a vote to sustain the Mayor's veto. The Mayor's veto was overridden by a roll call vote of seven ayes (Councilmen Serge, Miller, Parent, Taylor, Kopczynski, Newburn and Nemeth) and two nays (Councilmen Szymkowiak and Horvath). AN ORDINANCE REQUIRING CERTAIN CITY DEPARTMENTS TO SUBMIT BUDGETS TO COMMON COUNCIL. Council President Nemeth indicated that the Council had passed the ordinance on October 22, 1973, and the Mayor had vetoed the ordinance on November 1, 1973. Mr. James Roemer, City Attorney, REGULAR MEETING - RECONVENED (CONTINUED) ORDINANCE AN ORDINANCE APPROPRIATING MONEYS FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE WASTE WATER TREATMENT PLANT OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1974, AND ENDING DECEMBER 31, 1974, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This ordinance had first reading. Councilman Miller made a motion that the ordinance be set for public hearing and second reading on November 26, 1973, seconded by Councilman Newburn. The moti carried. ORDINANCE NO. 5605 -73 AN ORDINANCE FOR THE TRANSFER OF FUNDS WITHIN THE CITY CLERK BUDGET IN THE AMOUNT OF $150.00 FROM ACCOUNT 252, "REPAIRS OF EQUIPMENT ", TO ACCOUNT 361, "OFFICIAL RECORDS ", BOTH ACCOUNTS BEING WITHIN THE CITY CLERK BUDGET IN THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. This ordinance had first reading. Councilman Newburn 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. Mrs. Ireme K. Gammon, City Clerk, explained the request for the transfer of funds. Miss Virginia Guthrie, Executive Secretary of the Civic Plannii Association, wondered if the Council could suspend the rules and take action and not legally adver• tise the transfer. It was explained that the ordinance merely authorized a transfer within a departmental budget and was not an additional appropriation; therefore, not requiring publication. Councilman Kopczynski 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 AN ORDINANCE FOR THE TRANSFER OF FUNDS WITHIN VARIOUS DEPARTMENTAL BUDGETS IN THE GENERAL FUND, MOTOR VEHICLE HIGHWAY FUND, AND PARK MAINTENANCE FUND, ALL TRANSFERS BEING WITHIN THEIR RESPECTIVE DEPARTMENT AND RESPECTIVE FUND, OF THE CITY OF SOUTH BEND, INDIANA. This ordinance had first reading. Councilman Newburn made a motion that the ordinance be set for public hearing and second reading on November 26, 1973, seconded by Councilman Kopczynski. The motion carried. ORDINANCE NO. 5606 -73 AN ORDINANCE AMENDING THE TITLE OF ORDINANCE NO. 5578 -73, PASSED SEPTEMBER 24, 1973, BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA. This ordinance had first reading. Councilman Horvath 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. Council President Nemeth asked for an explanation of the ordinance, and Mr. Walter Lantz, Deputy City Controller, explained that the money had been originally appropriated out of the Cumulative Capital Improvement Fund for Project R & S 40. Mone] had been left over and the city requested a transfer; however, the original ordinance stated that it was an appropriation instead of a transfer. He stated that the State Board of Accounts had approved the matter but asked that the title be amended to show that the ordinance was for the purpose of a transfer of funds. 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. 5607 -73 AN ORDINANCE FOR THE TRANSFER OF $200.00 FROM ACCOUNT NO. 120.0, "SERVICES PERSONAL ", TO ACCOUNT NO. 224.0, "WATER- CONTRACTUALS ", BOTH ACCOUNTS BEING WITHIN THE CITY CEMETERY DEPARTMENT BUDGET OF THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. This ordinance had first reading. Councilman Kopczynski made a motion to suspend the rules and take action on the ordinance, seconded by Councilman Horvath. The motion carried by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). This ordinance had second reading. Council President Nemeth read the letter of explanation attached to the ordinance. 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 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 - 1104 NOTRE DAME AVE.) This ordinance had first reading. Councilman Parent made a motion that the ordinance, along with REGULAR MEETING NOVEMBER 13 1973 1IREGULAR MEETING - RECONVENED (CONTINUED) the petition, be referred to the Area Plan Commission and also set for public hearing and second reading on November 26, 1973, seconded by Councilman Miller. A roll call vote was requested. The motion carried by a roll call vote of five ayes (Councilmen Szymkowiak, Miller, Parent, Taylor and Horvath) and four nays (Councilmen Serge, Kopczynski, Newburn and Nemeth). Council President Nemet stated that he was opposed to this, indicating that the regular procedure of referring to Area Plan with a report then coming back and the matter then being set for public hearing should be followed. He felt that, if this exception was made, there would be others. Mr. James Roemer, City Attorney, stated that he felt the motion was in order. Councilman Parent stated that there was urgency on the rezoning. IIORDINANCE This ordinance the petition, carried. IIORDINANCE This ordinance the petition, carried. IIORDINANCE AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA - 1962, SECTION 40, AS AMENDED, AND GENERAL ORDINANCE NO. 4990 -68, AND THE ACCOMPANYING MAP THERETO GENERALLY KNOWN AS THE SOUTH BEND ZONING ORDINANCE BY CHANGING THE ZONING OF CERTAIN LOTS AS HEREINAFTER SET FORTH (OSBORNE AND GEORGE STREETS). had first reading. Councilman Parent made a motion that the ordinance, along with be referred to the Area Plan Commission, seconded by Councilman Taylor. The motion 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 - SOUTH SIDE OF IRELAND ROAD) . had first reading. Councilman Taylor made a motion that.the ordinance, along with be referred to the Area Plan Commission, seconded by Councilman Serge. The motion AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, IDENTIFIED AS ORDINANCE NO. 4990, ORDINANCE NO. 3702, AS AMENDED, TO THE EXTENT IT IS STILL EFFECTIVE, AND THE MUNICIPAL CODE OF SOUTH BEND, INDIANA, SECTIONS 40 -1 TO SECTIONS 40 -43, AS AMENDED, TO THE EXTENT IT IS STILL EFFECTIVE (2530 KENWOOD STREET). This ordinance had first reading. Councilman Taylor made a motion that the ordinance, along with the petition, be referred to the Area Plan Commission, seconded by Councilman Miller. The motion carried. UNFINISHED BUSINESS AN ORDINANCE AMENDING CHAPTER 13 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND,.INDIANA, 1971, BY THE ADDITION OF ARTICLE 6 TO PROHIBIT THE BURNING OF LEAVES WITHIN THE CITY. Council President Nemeth indicated that the Council had passed the ordinance on October 22, 1973, and the Mayor had vetoed the ordinance on October 26, 1973. Mr. James Roemer, City Attorney, spoke in the Mayor's behalf, indicating that the Mayor had vetoed the ordinance because the amendment which allowed two 30 -day periods of burning would concentrate the pollution to those periods. Councilman Parent stated that, if the Council overrode the Mayor's veto, there would be no more burning after November 15 and next year, perhaps the matter could be resolved. Councilman Miller felt this was a legitimate compromise; however, he felt a stronger ordinance should be drafted. He felt the Mayor should be requested to provide the equipment to handle the situation. Council President Nemeth stated that the ordinance must be published if the Council voted to override the Mayor's veto. He stated that it would not go into effect November 15 as stated by Councilman Parent. He felt that two periods of leaf burning in a year was far better than burning all year. Councilman Taylor agreed with Council President Nemeth even though he opposed the burning. He felt this arrangement was better than nothing. Councilman Szymkowiak felt the matter was very important and he indicated that he had been disappointed when the Council had passed the ordinance Mr. Roemer stated that the Mayor would prefer burning all year round rather than the two 30 -day periods set forth in the ordinance. Councilman Serge felt that, until the proper equipment was available to the city, two 30 -day periods of burning was better than all year round. Councilman Kopczynski felt this was a practical thing to do. He stated that last year it was demonstrated that the leaves could not be picked up adequately. He felt this was the best solution to the problem at the present time. Council President Nemeth felt a study should be done on the problem to determine the effects of picking up leaves and depositing them in a landfill, the effects of burning, the cost of the landfill and as the problem related to future annexations. Councilman Horvath stated that it had been mentioned that the Street Department was not picking up the leaves He asked Don Decker, Street Commissioner, to comment on that remark. Mr. Decker stated that the department was trying to pick up as many leaves as possible in the time allowed. Council Presiden- Nemeth indicated that he would ask for a vote from the councilmen and that an aye vote meant a vote to override the Mayor's veto and a nay vote meant a vote to sustain the Mayor's veto. The Mayor's veto was overridden by a roll call vote of seven ayes (Councilmen Serge, Miller, Parent, Taylor, Kopczynski, Newburn and Nemeth) and two nays (Councilmen Szymkowiak and Horvath). AN ORDINANCE REQUIRING CERTAIN CITY DEPARTMENTS TO SUBMIT BUDGETS TO COMMON COUNCIL. Council President Nemeth indicated that the Council had passed the ordinance on October 22, 1973, and the Mayor had vetoed the ordinance on November 1, 1973. Mr. James Roemer, City Attorney, REGULAR MEETING NOVEMBER 13, 1973 REGULAR MEETING — RECONVENED (CONTINUED) stated that, from a legal point of view, he was requesting that the Council not override the Mayor' veto. He stated that the penalty provision in the ordinance could apply to the Council if it did not comply with the provision that the Council act promptly. He stated that there was also a penalty provision in the ordinance that was contradictory to the statutes. Council President Nemeth stated that he was aware of the penalty clause applying to the Council. He stated that the Council intended to abide by the law. As far as the conflict of the statutes, he stated that it refers to misfeasance and the penalty in the ordinance had to do with failure to perform a duty. Mr. Roemer felt that there were some questions concerning this. Council President Nemeth asked Mr. Roemer why the questions had not been raised at the public hearing rather than at this time. Councilman Miller asked the same question, and he stated that the Legal Department and staff were to advise the Council on the proper ordinances. He wondered where the staff had been when the advice was necessary. Councilman Parent stated that the Council must either override the veto or sustain the veto. He felt that, for the sake of affirming the Council's policy, the veto should be overridden. The Mayor's veto was overridden by a roll call vote of six ayes (Councilmen Miller, Parent, Taylor, Kopczynski, Newburn and Nemeth) and three nays (Councilmen Serge, Szymkowiak and Horvath). Council President Nemeth indicated that a resolution pertaining to land acquisition for the Civic Center Authority, which was filed on June 6, 1973, should be stricken from the files. He asked f such a motion. Councilman Taylor so moved, seconded by Councilman Miller. The motion carried. Council President Nemeth stated that the St. Joseph County Commissioners were asking for the Council's support on the reinstatement of the twenty -cent tax rate for the Cumulative Bridge Fund. He suggested that a resolution supporting the St. Joseph County Commissioners' efforts be adopted. He read a draft of such resolution as follows: RESOLUTION NO. 397 -73 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, EXPRESSING THE COUNCIL'S SUPPORT FOR THE REINSTATEMENT OF THE TWENTY -CENT TAX RATE FOR THE CUMULATIVE BRIDGE FUND. WHEREAS, the Common Council recognizes the urgent need for the repair and building of bridges in (St. Joseph County, including) the City of South Bend; and WHEREAS, the Council believes that a twenty -cent tax rate for the Cumulative Bridge Fund is essential for the proper maintenance and construction of bridges in (St. Joseph County, including) the City of South Bend, NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend that the South Bend Common Council fully supports the efforts of the St. Joseph County Commissioners to reinstate the full twenty -cent tax rate for the Cumulative Bridge Fund. s/ Roger 0. Parent Member of the Common Council Councilman Kopczynski 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). Council President Nemeth requested that the City Clerk send a copy of the resolution to the County Commissioners and to the State Tax Boar( of Commissioners. Councilman Parent indicated that he wished to thank Mr. Barcome and his staff for their help and assistance on obtaining the correct and amended figures on the Waterworks budget. There being no further business to come before the Council, unfinished or new, Councilman Taylor made a motion to adjourn, seconded by Councilman Parent. The motion carried and the meeting adjourned at 1:24 a.m. ATTEST: CITY CLERK INN .. / +++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + +-k_= r_`.' ++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++