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HomeMy WebLinkAbout12-17-73 Council Meeting Minutes49 63 REGULAR MEETING DECEMBER 17, 1973 IIREGULAR MEETING (CONTINUED) Councilman Taylor made a motion to resolve into the Committee of the Whole, seconded by Councilman Kopczynski. The motion carried. 1ICOMMITTEE OF THE WHOLE MEETING Be it remembered Whole on Monday, Newburn presided. IIORDINANCE that the Common Council of the City of South Bend met in the Committee of the December 17, 1973, at 7:01 p.m., with nine members present. Chairman Odell 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 (1147 HICKORY ROAD). This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. James Kuehl, Attorney at Law, 808 Tower Building, represented the petitioners in the rezoning and made the presentation for the ordinance. He stated that it was requested the area be changed from "A" Residential to "B" Residential with "A" Height and Area District remaining for the purpose of a real estate office. He explained that the property was located on Hickory Road directly to the south.of the WRBR Radio Station and a doctor's office. Presently, the doctor's office is zoned as "B" Residential. He indicated that tt petitioners would modify the premises by providing three off - street parking spaces to the rear of the house. There would be no exterior changes to the existing building or no additional buildings constructed. The only changes might be to improve the overall site of the building and landscapinc He indicated that screening would be provided to the parking area. There would be three individual employed and the office hours would be from nine to five. Hr briefly talked about the petitioner'; former association with the Abshire Realty Company and the First Bank & Trust Company. Mr. Kuehl stated that the use conforms with the land -use transportation plan of the Area Plan Commission and the petition.was presented to the Area Plan Commission and was approved. Councilman Szymkowiak asked about the parking spaces. He wondered if each employee would have his or her own parking place and no parking left to the customer. Mr. Kuehl answered that the maximum number of employees would be three and the three off - street parking spaces would be in addition to the two spaces already existing in the garage. He did not anticipate that there would be a need for any more parking. I lCouncilman Serge made a motion that the ordinance go to the Council as favorable, seconded by Councilman Horvath. The motion carried. II nRnTNANrR 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 (201 EAST IRELAND ROAD). This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. William C. Whitman, Attorney at Law, 501 National Bank Building, represented the petitioners in the rezoning and made the presentation for the ordinance. He explained that the petition requested that the area be changed from "A" Residential to "C" Commercial. He referred to a slide of the area in question being about one - half block East of Michigan Street on Ireland Road. He indicated that there are commercial pro- perties surrounding the complex with a small pocket of residential lots between the proposed area and Michigan Street. He stated that the Associates building, the Ponderosa and Shakey's Pizza were also in the vicinity. The lot was in excess of 300 feet deep and 140 feet wide and the building would be small with the remainder of the area used for parking. The proposed restaurant would modify the lot by shaving the hill and making it level. The temporary access to Ireland Road would be at the far West of the property. Mr. Whitman explained that, originally, two entrances had been proposed; however, the city desired to widen Ireland Road and extend the "T" street to the North. At that time, the access to Ireland would be shut off and acesss would have to be provided on St. Joseph Street. He concluded by indicating that the petition was ruled favorably by the Area Plan Commission subject to the temporary access. Councilman Taylor wondered about the priority of widening Ireland Road and the time schedule involved. Mr. Rollin Farrand, Director of the Department of Public Works, explained that the plan for the widening were started approximately one year ago. It was hoped the project could be commenced in spring. Councilman Taylor asked about the stop lights, and Mr. Farrand stated that the whole system could be inner - connected to work together. Councilman Taylor asked about the priority on St. Joseph Street, and Mr. Farrand indicated that that extension was not a high priority item. Councilman Taylor wondered if there would be any problem to adding another curb cu to the Golden Bear Restaurant in the future, and Mr. Farrand stated that that was not an impossibl situation. If the city approved it, it would be used as a precedence for others. Councilman Taylor asked about the property directly to the West of the proposed restaurant. Mr. Whitman indicated that there were three different lots which were fairly narrow and probably the best possible use of the lots would be for commercial purposes. Councilman Kopczynski asked if the Department of Public Works put the retail business as a number one priority, and Mr. Farrand state that his emphasis is on the traffic and whatever generates the traffic. Councilman Kopczynski asked if Ireland Road was considered to be a number one priority, and Mr. Farrand stated that he was interested in the traffic that was generated and Ireland Road was included in next year's iprojects. He felt it was no more of a priority than any other projects to be started in the sprin Councilman Kopczynski wondered if some of the traffic would only be temporary and if the widening was warranted. Mr. Farrand stated that the traffic generated by the area is on a pretty permanent basis. Chairman.Newburn wondered about the possibility of the permitted curb cut and the problem with the traffic from Brite Way with the left turning cars, and Mr. Farrand stated that, if the Council would take the position that they were not interested, his opinion on the curb cut would b different. He stated that the widening would provide a fifth lane for left -turn movement. (Councilman Miller made a motion that the ordinance go to the Council as being tabled, seconded by rniinni lman Ccrnc Thm mn+-; nn n�rr; ora REGULAR MEETING DECEMBER 17 1973 COMMITTEE OF THE WHOLE MEETING (CONTINUED) ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 5372 -71, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, CHAPTER 21 OF THE CITY CODE OF THE CITY OF SOUTH BEND, INDIANA, 1971 (MERRY AVENUE PROJECT) . This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Hollis Hughes, Executive Director of Model Cities, made the presentation for the ordinance. He stated that, in May of 1972, the third year Comprehensive Plan for Merry Avenue was presented. It would involve a park which would be used to attract low - skilled intense industry, etc. The proposed plan has been approved by Model Cities, the Redevelopment Department and the Area Plan Commission. MACOG has also favorably recommended the change in the zoning to light industrial. Council President Nemeth stated that the petition and ordinance had been presented by one of the city attorneys. He wondered why the attorney from the Redevelopment Department had not prepared the petition. Mr. Hughes stated that Model Cities utilizes the city attorneys and the land was only being held by the Redevelopment Department. Councilman Serge made a motion that the ordinance go to the Council as favorable, seconded by Councilman Parent. The motion carried. ORDINANCE AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 11, SECTIONS 2 -51 THROUGH 2 -62 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA, 1971, REDESIGNATED BY ORDINANCE NO. 5390 -72 AS ARTICLE 9 OF CHAPTER 2 OF THE CODE, BY THE SUBSTITUTION OF A NEW ARTICLE 9 OF CHAPTER 2 ESTABLISHING THE SOUTH BEND HUMAN RIGHTS COMMISSION. Council President Nemeth requested that this ordinance and the following ordinance regarding the Human Rights Commission be considered at the same time. ORDINANCE AN ORDINANCE AMENDING CHAPTER 11, ARTICLE 2, SECTIONS 11 -2 THROUGH 11 -14 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA, 1971, BY THE SUBSTITUTION OF A NEW ARTICLE 2 OF CHAPTER 11, THE SOUTH BEND HUMAN RIGHTS COMMISSION. This being the time heretofore set for public hearing on the above ordinances, proponents and opponents were given an opportunity to be heard. Ms. Cordelia Candelaria, Chairman of the South Bend Human Relations Commission, made the presentation for the ordinance. She indicated that her group had worked with the Council on the proposed ordinances and asked for the Council's suggestio and contributions to the ordinances. She stated that the ordinances were a group effort and she was hopeful that the Council would approve them because the city's present ordinances were out -of- date. She concluded that the new ordinances were up to par with the Indiana State Civil Rights Commission and widened the scope of the ordinances. Dr. John Kromkowski, Director of the Department of Human Resources and Economic Development, explained the three reasons for the Counci passage of the ordinances. First, the ordinances would bring South Bend into line with the curren state laws. Secondly, it would allow for expanded participation in the area of human rights. He mentioned the Mayor's recent appointments to the Commission. The third reason was that the Council, as an elected body, would have a more direct part in the Commission because six of the members would be appointed by the Council. Mr. William Stanley, one of the Deputy City Attorneys, spoke as a representative and advisor of the Human Relations Commission. He stated that, after working under the old ordinances and reviewing the new ordinances, it was his opinion that the new ordinances would give greater basis for effectuating the policies and the position of the City of South Bend. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, questioned the power and duties the new board would have. Mr. Stanley explained that the new power was the subpoena power. He stated that this power was given in the housing ordinance; however, in the present ordinance on employment the power was not given. He felt this was needed in that ordinance. He stated that it was the obligation of the Commission to prohibit unlawful employment activities and protect the employers within the City of South Bend as well. Miss Guthrie asked if the subpoena power was available in the present ordinances, and Mr. Stanley again stated that the powe was only incorporated in the housing ordinance. Miss Guthrie felt that a 15- member commission was too large. She felt nine members were sufficient. She also felt that too broad of powers were being given to the commission. She was interested in the statement which indicated that the commission would set the salaries. She felt the Council should have the say in that. She conclud by indicating that she did not think it was necessary to go this far. Mrs. Janet Allen, 125 West Marion Street, indicated that the thought of giving appointed people subpoena powers and the power of elected officials was a concern to her. She stated that, when these powers are spread out, the Council's power is dissipated. She also stated that the Human Relations and Fair Employment Practices Commissions were combined and she felt one ordinance should apply to both commissions. Ms. Pat Barrett, 710 Park Avenue, a member of the South Bend - Mishawaka Women's Political Caucus, spoke in support of the ordinances. She stated that the human rights ordinance empowers the right to handle complaints based on sex and employment. Results of the 1970 census show a great dispari between men and women in the City of South Bend. She talked about the employment rate in the fami income levels in the city. She stated that her group felt that women were at a disadvantage in the employment market and that a strong human rights commission was needed. Mrs. Shirley Fulton, (representing the Model Neighborhood Agency, spoke in favor of the ordinances. Mr. Leo Newman, a member of the South Bend Human Relations Commission since 1966, spoke regarding the proposed ordinances. He stated that, having served on the commission for five to six years, he found that the limitation of the membership was restricting the commission from functioning at its best. He REGULAR MEETING DECEMBER 17, 1973 COMMITTEE OF THE WHOLE MEETING (CONTINUED) stated that the commission needed manpower and only nine members was making it quite a burden on that membership. By the expansion to 15 members, the burden would be eliminated and the job effectively accomplished. Mr. James Roemer, City Attorney, stated that, as he saw the issue, the main concern was the inclusion of the subpoena power. He cited an instance when he had cancelled a hearing of the commission. He stated that, if a person does not have the ability to command someone to appear at a hearing, many of those people would not come at all. He felt that, if a person believed in human rights, the commission must be given the ability to effectuate the ordinance. He stated that there were safeguards regarding the subpoena power for both sides. In those cases, there would be a judicial review. There would also be a cease and desist order which is a voluntary type of thing. Mr. Roemer stated that there was discrimination in the City of South Bend and he felt the proposed ordinances were needed. Mrs. Frederick Mutzl, President of the St. Joseph County Fair Tax Association, spoke in support of Miss Guthrie's opinion that the commission would be too large with 15 members. She stated that she also supported Mrs. Allen's questioning of the power being put into the hands of appointed people. She suggested that one possible amendment to the ordinance might be that the policy of the City of South Bend include political party affiliation, as well as race, color and creed. Mr. David Wells, 5104 Bloomfield, asked how often the subpoena powers have been used in the housing ordinance, and Mr. Roemer answer, that they had never been used. Mr. Wells asked what happened when someone failed to answer a subpoena. Mr. Roemer stated that, if a person disregarded the subpoena, there would be nothing th, could be done under the previous ordinance. Under the new ordinance, if the person did not responi the matter would still have to be taken to the Superior Court. He stated that it would not be up to the commission. Miss Fanny Grunwald, 227 South Frances Street, felt the question of being able to handle the job should be taken into consideration. She felt this was very important and many times the person applying for the job does not have the necessary qualifications. She wondered if this sometimes had been confused with discrimination. Mr. Peter Smet, 417 St. Vincent Street, questioned the power of subpoena for anappointed body and the procedure that Mr. Roemer outlined. He stated that a group of 15 individuals could take someone to court and literally "break him befo: he was found innocent ". Mr. Gene Evans, a member of the staff of the Civic Planning Association, stated that the association was definitely interested and concerned about human rights; however, t: association was also concerned about providing powers to a body that could harrass other humans. The present ordinance had not been tried and proven that it would not work, according to his opinion. He indicated that, if the commission has not tried to use the vehicle in the past in the housing ordinance, he wondered if they would even use the vehicle they were trying to obtain now in the employment ordinance. He indicated that the ordinance has a number of items which are very solid in the kinds of action held open for the commission. He felt this would scare an employer or someone being accused of discrimination. He felt serious consideration should be given to the proposed ordinance. Mrs. Allen stated that she supported the addition of the word "sex" to the ordinance. She asked who paid for the litigation in the lawsuits. Mr. Roemer stated that the legal staff would work for the commission and there would be no additional charge to the city. Mr. Evans wondered about the payment of the litigation costs for the defendants. Mr. Roemer states that the respondents would always incur a cost and there was nothing that the city could do about that. Mr. Stanley stated that the subpoena power was not used in the housing ordinance because it would have violated the person's rights. Ms. Candelaria indicated that full cooperation had been received in the housing ordinance simply because the power was there if needed. She stated that the present ordinance was quite ineffective and was composed of two parts. Because the State Civi: Rights Commission superseded the city, cases must be referred to the state at times and there was always a backlog. She concluded by stating that, of the cities that have human relations commissions, over 60% have revised their ordinances in order to come up to par with the state. Councilman Taylor asked if the proposed ordinance would put the City of South Bend in line with the Indiana laws, and Mr. Stanley indicated that it would. Councilman Taylor asked if there was a: existing commission operating out of Indianapolis, and Mr. Stanley also indicated that there was. Councilman Taylor indicated that, as he saw the matter, the commission really would not have any power because the state has that power. He felt the choice would be for the individual if he wanted to take care of the issue at home or deal with someone from the commission in Indianapolis. Council President Nemeth indicated that, if there is a conflict, the state law supersedes. He wondered if the subpoena power was enforceable now as Mr. Stanley had stated it was not enforceabl, in the housing ordinance. Mr. Stanley indicated that it would be enforceable now because the respondent would have the right for judicial review. Council President Nemeth asked how the subpoena would be issued and if the order had to go through the courts, and Mr. Roemer answered that the subpoena would be issued and the person would have the right to decide whether or not he would respond. He stated that the commission did not have the power to cite someone in contempt of court. Council President Nemeth wondered if this could be done under the present law as far as housing. He stated that all the Council would be doing regarding the subpoena would be extending this power to the employment area, as well as the housing area. He stated that, under the existirn law, there was a penalty provision. He indicated that it was not incorporated in the proposed ordinance for ,employment. It was agreed that the penalty provision was not needed in the ordinance Councilman Kopczynski stated that the legal staff would be responsible for taking care of the city in the subpoena cases. He wondered if there was additional time to spend with the human rights commission. Mr. Roemer indicated that, if anything was repealed, the legal staff must do the job. He stated that, at such a time when additional personnel were needed if that should occur, he would make such a request. He assured the Council that the passing of the ordinance would not result in a request for additional personnel in the Legal Department. Councilman Parent stated that the cit: must keep obtaining "tools" to work with. This will enable a better tool to deal with human con- flicts and problems. He felt that the city would not be doing anything that could not be done at the state level by the passage of the ordinance. He recommended the ordinance be acted upon favorably. Councilman Serge asked if there had been any serious problems in the program. Ms. Janice Patton, Director of the Human Relations and Fair Employment Practices Commission, indicated that the commission has-been handicapped by not having the necessary powers. She stated that discrimination is not as bad as it was previously; however, it was still in existence within the City of South Bend. Councilman Serge stated that there have been union problems dealing with the blacks and whites. He wondered if Chairman Newburn had checked into the situation. He did not know if the subpoena power was needed. Mr. Stanley stated that the most important phase of the program was the investigation phase which dealt with an invalid or valid claim. Councilman Szymkowiak asked how many cases have been handled that dealt with employment and housing. Ms. Patton indicated that, in the area of housing, the commission has had eight complaints and one was conciliated without issuing a subpoena. In employment, the commission had handled over 100 cases and there have been problems with investigations. Councilman Szymkowiak asked how long Ms. Patton had been Director of the commission, and she indicated that she had been employed since October of t REGULAR MEETING DECEMBER 17 197; COMMITTEE OF THE WHOLE MEETING (CONTINUED) 1972. She also indicated that it was the hope of the commission that the subpoena power would notll have to be utilized; however, it would be a tool if needed in order to bring about due process. Council President Nemeth made a motion to amend the ordinance as follows: In Sec. 2 -51, amend the word "Commission" to read "Ordinance ". (Councilman Miller also felt that, in Sec. 2 -54 (a), a "South Bend Human Rights Commission" should be created. In Sec. 2 -54 (a), insert the words "South Bend" Human Rights Commission. In Sec. 2 -55 (a), amend the number of members to "six" to be appointed by the Mayor and "three" to be appointed by the President of the Common Council, and also amend the number of members needed to constitute a quorum to "five ". In Sec. 2 -56 (b), strike the reference to fixed compensation. In Sec. 2 -56 (d), strike the words "at" and "shall" in the fourth line and insert the words "of" and "may". In Sec. 2 -56 W, strike the second sentence and insert the following after the word "Commission" in the fourth line: "such power of subpoena, however, is to be exercised only upon approval of and through the Department of Law." In Sec. 2 -56 (i)(1), delete the entire paragraph starting with the words "if the" in the first line and insert the following: "if, upon all the evidence taken, the Commission by a majority vote shall determine that the respondent committed the discriminatory practice set forth in the complaint, the Commission shall issue an order directing the respondent to cease such discriminatory practice so found to be engaged in. The commission shall have the power to require proof of compliance." In Sec. 2 -56 (i)(2), amend the word and number "fifteen (15)" to read "thirty (30) ", and in the sixth line, delete the phrase immediately following the word "comply" and insert the following: "The Commission shall certify the case and the entire records of its proceedings to the Department of Law, which shall invoke the aid of an appropriate court to enforce the order." Councilman Kopczynski seconded the motion to amend. Councilman Parent requested that the City Attorney comment on the amendments made. He made a motion to take a recess after the questions were answered, seconded by Councilman Horvath. There was a question on the recess being taken when a motion was on the floor. Councilman Parent indicated that he did not have the personal knowledge necessary regarding the amendments, and he wanted to take a little time to personally review the amendments and talk directly with the City Attorney. There was a brief discussion, after which Councilman Horvath withdrew his second to the motion to recess. The motion, therefore, lost due to lack of a second. Mr. Newman spoke briefly on the proposed amendment to keep the number of members on the commission to nine. He wondered why the Council felt nine members were sufficient. He stated that, if the commission was to be effective, additional manpower was needed. If an additional six people would be willing to spend time on the commission, it would be strengthened greatly. Council President Nemeth reminded Mr. Newman that the Council only consisted of nine persons trying to also do a good job with a great deal more work involved. Mr. Newman again stated that he felt the commissior could be more effective with additional members. Council President Nemeth reminded him of the words "quality not quantity ". Ms. Candelaria felt the motion of quality was difficult to define. By increasing the commission, the commission would be balanced with a broader view of its members. She felt it was too concentrated and did not have the necessary input from employers, etc. Councilman Taylor was of the opinion that 15 members sounded "unwieldly ". Councilman Kopczynski talked briefly about harrassment to certain employers and wondered what could be offered to someone wrongfully accused of discrimination. Mr. Roemer cited an example of a person working in a nursinc home and being fired because of race. A hearing was held and compensation was given because the commission felt it was discrimination. Councilman Kopczynski wondered about the employer. Mr. Roemer talked briefly on the whole field of law pertaining to torts, etc. Councilman Miller states that the Council recommended that the compensatory damages be deleted. He commented on the amend- ment to Sec. 2 -56 (d) and felt that the city should set an example and should be required to furni: all necessary records to the commission. Council President Nemeth stated that, if the subpoena power was there, the records would be required regardless. Councilman Miller asked the Council President to explain his amendment to Sec. 2 -56 (i)(1), and Council President Nemeth explained that his amendment would limit the matter to a cease and desist order. Mr. Roemer indicated that the Council was talking about whether or not the commission should be able to assess something more than just a cease and desist order. Council President Nemeth mentioned that the penalty had been eliminated, and Mr. Roemer stated that the compensatory damages should be included. Councilman Miller asked if this was the body of the state ordinance, and Mr. Stanley indicated that it was. Council President Nemeth asked about the possibility of a matter being a frivolous complaint. He wondered who would take care of that party's compensatory damage. Mr. Roemer indicated that the commission would not disagree with a reasonable limitation if the Council desired. Councilman Parent indicated that the proposed ordinance was provided at the state level. Councilman Miller agreed that the Council should follow the wording of the statutes; however, he expressed concern about the compensatory damages and losses incurred. Council President Nemeth wondered if the Council had the authority to set the amount of the damages. He was concerned about an appointed body, being the commission, affixing the damages. Mr. Roemer referred to the statutes regarding the amendment to Sec. 2 -56 (i)(2). He talked about the cease and desist order and enforcement of the order. Councilman Parent made a motion to divide the questions on the amendments, seconded by Councilman Taylor. Chairman Newburn ruled the motion lost.- Councilman Miller made a motion to amend the amendment to Sec. 2 -56 (i)(1) to keep the wording of the proposed ordinance but insert the followin as pertained to losses incurred: "not to exceed $500" in the eighth line of that section, seconded by Councilman Taylor. Chairman Newburn asked for a show of hands on the amendment to the amendment He ruled the motion carried by a count of five to four. Councilman Parent then made a motion in REGULAR MEETING DECEMBER 17, 1973 COMMITTEE OF THE WHOLE MEETING (CONTINUED) Sec. 2 -55 (a) to amend the amendment to change the number of members to be appointed by the Mayor to "nine" and the number of members to be appointed by the President of the Council to "six with the number of members needed for a quorum to "eight ", seconded by Councilman Miller. Chairman Newburn asked for a show of hands on the amendment to the amendment. He ruled the motion lost by a count of three to six. The motions to amend carried. (Councilman Parent abstained from voting. Councilman Miller then made a motion that the ordinance, as amended, go to the Council as favorabl�, seconded by Councilman Taylor. The motion carried. Council President Nemeth indicated that, on the companion ordinance, he wanted to make a motion to repeal, seconded by Councilman Miller. The motion carried. Councilman Taylor made a motion that the ordinance, as amended to repeal, go to the Council as favorable, seconded by Councilman Miller, The motion carried. nVnTATZ1AT0V AN ORDINANCE APPROPRIATING THE SUM OF $10,500.00 FROM THE SEWERAGE WORKS IMPROVEMENT FUND FOR THE PURCHASE OF A SLUDGE FARM TRACTOR. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr—Morgan Peck, Manager of the Bureau of Sanitation, made the presentation for the ordinance. He explained the request for the purchase of the equipment. Councilman Parent made a motion that the ordinance go to the Council as favorable, seconded by Councilman Kopczynski. The motion carried. There being no further business to come before the Committee of the Whole, Council President Ne made a motion to rise and report to the Council and recess, seconded by Councilman Taylor. The motion carried and the Council recessed at 9:07 p.m. ATTEST: CITY CLERK REGULAR MEETING - RECONVENED FL 1 L Be it remembered that the regular meeting of the Common Council of the City of South Bend, Indiana reconvened in the Council Chambers at 9:27 p.m., Council President Peter J. Nemeth presiding and nine members present. REPORTS 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 November 26, 1973, special 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 Horvath. The motion carried. 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 November 26, 1973, regular meeting of the Council and found them correct. They, therefore, recommend that the same be approved. s/ Peter J. Nemeth Councilman Horvath 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 Kopczynski made a motion to waive the reading of the report of the Committee of the Whole, seconded by Councilman Taylor. The motion carried by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). REPORT FROM THE COMMITTEE ON ELECTIONS Councilman Serge indicated that the Committee on Elections recommended that the Council elect Councilman Nemeth for President, Councilman Newburn for Chairman of the Committee of the Whole and Councilman Szymkowiak for Vice - President. Councilman Parent made a motion to accept the oral repot, seconded by Councilman Kopczynski. The motion carried. Councilman Parent then made a motion that the elections be voted in by acclamation, seconded by Councilman Kopczynski. The motion carried unanimously. Council President Nemeth declared that said persons were thereby elected. Council President Nemeth thanked the Council for their continued support, and Councilmen Szymkowiak and Newburn also expressed their thanks. REPORT FROM THE DIRECTOR OF THE DEPARTMENT OF ADMINISTRATION AND FINANCE Mr. James Barcome, Director of the Department of Administration and Finance, made his quarterly report to the Council. He congratulated the recently elected officers of the Council. On behalf REGULAR MEETING DECEMBER 17, 1973 REGULAR. MEETING - RECONVENED (CONTINUED) of the cabinet, he thanked the Council for its help during the past year, for without it, many of the new renovations would have never come about. He introduced Mr. Walter Lantz, Chief Deputy Cit Controller, who had worked diligently on the preparation of the various budgets. Mr. Lantz talked about the additional budgets requested by the Council. He hoped the possibility of preparing thos budgets could be accomplished at the time of preparation of the civil city budget. He explained that the new budgets would also be put on computer in 1974 and managed and handled the same as the civil city budget. All receipts would likewise be put on computer and reports made. Fund balance and projects would be available. In this way, the city would be able "to stay on top of the financial situation ". Mr. Lantz stated that the chart of accounts requested by the State Tax Board was not the same as the Public Service Commission regarding the utility budgets. Hopefully this situation could be remedied shortly. He concluded by indicating that monthly cost reports would be furnished. Councilman Miller asked about the time schedule on the water works rate hearing, and Mr. Lantz stated that the application has been made and the Water Works was now in th process of being audited; however, no date has been set as yet. Council President Nemeth thanked Mr. Lantz for his presentation. (PETITION TO AMEND ZONING ORDINANCE (219 EAST IRELAND ROAD) 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 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 North side of Ireland Road immediately North of the Associates Family Financial Center facility located at 219 East Ireland and accessible by the driveway used by the said Associates Family Financial Center. 2. The property is owned by Associates Bancorp, Inc. 3. A legal description of the property is as follows: The North One Hundred Fifty Feet (150) of Lot Numbered One Hundred Sixty -Four (164) as shown on the recorded Plat of Myers and Funks Third Plat of Chippewa Heights Addition to the City of South Bend. 4. It is desired and requested that the foregoing property be rezoned from "C" Commercial Use and "C" Height and Area District to "C" Commercial Use and "C" Height and Area District. This petition is to amend and change a previously approved site development plan as to a part of the real estate shown on the previous site development plan. 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 drive -in claims and office facility for an insurance carrier. 6. Number of off - street parking spaces to be provided: 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. ASSOCIATES BANCORP, INC. By: s/ Jack C. Dunfee, Jr. Its Attorney Thornburg, McGill, Deahl, Harman, Carey & Murray Sixth Floor, First Bank Building South Bend, Indiana 46601 Telephone No. (219) 233 -1171 EXHIBIT A - Site Development Plan EXHIBIT B - Names and addresses of property owners within 300 feet Council President Nemeth indicated that this item would be passed over and action taken when the ordinance pertaining to the petition had first reading. (ORDINANCES, SECOND READING (ORDINANCE NO. 5617 -73 AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO. 4990 -68, CHAPTER 40 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, FORMERLY REFERRED TO AS ZONING ORDINANCE NO. 3702, AS AMENDED (1147 HICKORY ROAD). This ordinance had second reading. Councilman Taylor made a motion that the ordinance pass, seconded by Councilman Kopczynski. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). nRnTNAMrR AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO. 4990 -68, CHAPTER 40 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH REGULAR MFFTTNC DECEMBER 17, 1973 IIREGULAR MEETING - RECONVENED (CONTINUED) IIORDINANCE (CONTINUED) BEND, INDIANA, FORMERLY REFERRED TO AS ZONING ORDINANCE NO. 3702, AS AMENDED (201 EAST IRELAND ROAD). (This ordinance had second reading. Councilman Miller made a motion to continue the second reading t January'14, 1974, seconded by Councilman Kopczynski. The motion carried. IIORDINANCE NO. 5618 -73 AN ORDINANCE AMENDING ORDINANCE NO. 5372 -71, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, CHAPTER 21 OF THE CITY CODE OF THE CITY OF SOUTH BEND, INDIANA,, 1971 (MERRY AVENUE PROJECT). . This ordinance had second reading. Councilman Szymkowiak made a motion that the ordinance pass, seconded by Councilman Newburn. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). 1IORDINANCE NO. 5619 -73 AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 11, SECTIONS 2 -51 THROUGH 2 -62 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA, 1971, REDESIGNATED BY ORDINANCE NO. 5390 -72, AS ARTICLE 9 OF CHAPTER 2 OF THE CODE, BY THE SUBSTITUTION OF A NEW ARTICLE 9 OF CHAPTER 2 ESTABLISHING THE SOUTH BEND HUMAN RIGHTS COMMISSION. This ordinance had second reading. Councilman Parent made a motion that the ordinance pass as finally amended in the Committee of the Whole meeting, seconded by Councilman Horvath. The motion carried. Councilman Miller then made a motion to insert the words "not to exceed $500.00" in Sec. 2 -56 (i)(1) in the eleventh line rather than as moved in the Committee of the Whole meeting, seconded by Councilman Kopczynski. The motion carried. Councilman Miller then made a motion that the ordinance pass, as amended, seconded by Councilman . Taylor. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Mill( Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE NO. 5620 -73 AN ORDINANCE AMENDING CHAPTER 11, ARTICLE 2, SECTIONS 11 -2 THROUGH 11 -4 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA, 1971, BY THE SUBSTITUTION OF A NEW ARTICLE 2 OF CHAPTER 11, THE SOUTH BEND HUMAN RIGHTS COMMISSION. This ordinance had second reading. Councilman Taylor made a motion that the ordinance state, in Section I, that Article 2 of Chapter 11 be repealed, seconded by Councilman Horvath. The motion carried. Councilman Newburn then made a motion that the ordinance pass, as amended, seconded by Councilman Kopczynski. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE NO. 5621 -73 AN ORDINANCE APPROPRIATING THE SUM OF $10,500.00 FROM THE SEWERAGE WORKS IMPROVEMENT FUND FOR THE PURCHASE OF A SLUDGE FARM TRACTOR. This ordinance had second reading. Councilman Newburn made a motion that the ordinance pass, seconded by Councilman Szymkowiak. 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. 399 -73 A RESOLUTION FINDING AND ADJUDGING THAT THE FINANCING OF FACILITIES FOR DAAL REALTY BY THE ISSUANCE BY THE CITY-OF SOUTH BEND, INDIANA, OF ITS ECONOMIC DEVELOPMENT REVENUE BONDS PERTAINING TO SUCH FACILITIES FOR SUCH ENTITY WILL BE OF BENEFIT TO THE HEALTH OR WELFARE OF THIS MUNICIPALITY, AND APPROVING THE FINANCING THEREFOR. WHEREAS, the Common Council of the City of South Bend, Indiana, heretofore has created the South Bend Development Commission, hereinafter referred to as "Commission ", pursuant to the provisions of the Municipal Economic Development Act of 1965, as amended, supplemented or added to, including but not limited to the amendments, supplements or additions thereto, hereinafter referred to as the "Act "; and WHEREAS, Daal Realty has filed an application with the Commission to finance the acquisition of real estate and the construction thereof of an industrial and commercial building (facilities) which will constitute economic development facilities resulting in a substantial number of new jobs as well as other benefits; and WHEREAS, in connection therewith the Commission had prepared and placed on file a report containing the subject matter as specified in Section 16 of IC -1973, 18 -6 -4.5 and has forwarded copies thereof to the Chairman of the Area Plan Commission and to the Superintendent of the School Corporation in the area of which the facilities will be located, and has timely received favorable reports from each of them; and It REGULAR MEETING DECEMBER 17, 1973 11REGULAR MEETING - RECONVENED (CONTINUED) WHEREAS, the Commission held a public hearing on the proposed financing of such facilities on November 9, 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 form 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 Daal Realty 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 fincnaing for Daal Realty 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/ Terry S. Miller 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, indicated that the commission had passed favorably the resolu- tion and he introduced Mr. Charles Roemer who was to speak on behalf of Daal Realty. Mr. Roemer stated that the bond issue involved a restaurant at 4301 South Michigan Street with a seating capacity of 175 people. He talked about the increase in the employees and the annual payroll of $310,000. He stated that the amount of the bond was $400,000. Councilman Newburn asked about the restaurant, wondering if it was a chain restaurant, and Mr. Roemer answered that the building woul be an Azar's Restaurant and was not a chain corporation in that sense. Mr. Fedder explained that these businesses would be developed by using the resources available for the benefit of the city. Councilman Serge asked about the rate of interest, and Mr. Fedder stated that the rate varies and he thought this project carried,a 73-2o interest rate. He explained that this is an inducement bein offered to the firms and other surrounding cities offered the same rate. Councilman Parent made a motion that the resolution be adopted, seconded by Councilman Horvath. The resolution passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). RESOLUTION NO. 400 -73 A RESOLUTION FINDING AND ADJUDGING THAT THE FINANCING OF FACILITIES FOR RIDGEDALE NURSING HOME BY THE ISSUANCE BY THE CITY OF SOUTH BEND, INDIANA, OF ITS ECONOMIC DEVELOPMENT REVENUE BONDS PERTAINING TO SUCH FACILITIES FOR SUCH ENTITY WILL BE OF BENEFIT TO THE HEALTH OR WELFARE OF THIS MUNICIPALITY, AND APPROVING THE FINANCING THEREFOR. WHEREAS, the Common Council of the City of South Bend, Indiana, heretofore has created the South Bend Development Commission, hereinafter referred to as "Commission ", pursuant to the provisions of the Municipal Economic Development Act of 1965, as amended, supplemented or added to, including but not limited to the amendments, supplements or additions thereto, hereinafter referred to as the "Act "; and WHEREAS, Ridgedale Nursing Home has filed an application with the Commission to finance the addition to an existing facility which will constitute economic development facilities resulting in a substantial number of new jobs as well as other benefits; and WHEREAS, in connection therewith the Commission has prepared and placed on file a report containing the subject matter as specified in Section 16 of IC -1973, 18 -6 -4.5 and has forwarded copies thereof to the Chairman of the Area Plan Commission and to the Superintendent of the School Corporation in the area of which the facilities will be located, and has timely received favorable reports from each of them; and WHEREAS, the Commission held a public hearing on the proposed financing of such facilities on November 9, 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 form 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 Ridgedale Nursing Home will be of benefit to the health or welfare of the City of South Bend, Indiana, and that, accordinly, this resolution should be adopted. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, that: REGULAR MEETING DECEMBER 17 1973 REGULAR MEETING - RECONVENED (CONTINUED) Section 1. Such financing for Ridgedale Nursing Home 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/ Terry S. Miller 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, indicated that the commission had approved the resolution becau it would be of benefit to the community. He indicated that Mr. Charles Roemer would answer any questions the Council would have. Mr. Roemer indicated that the amount of the bonds was $600,000. The construction would be an addition on the west side of the existing structure in order to allow for 70 additional beds. He stated that 80 new employees would be hired and $500,000 would be added to the annual payroll. Councilman Miller made a motion that the resolution passed by a roll call vote of Taylor, Kopczynski, Horvath, Newburn and RESOLUTION NO. 401 -73 resolution be adopted, seconded by Councilman Taylor. The nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Nemeth) . A RESOLUTION TO APPROVE THE OLIVER DAM RACEWAY PHASE FOR THE CIVIC CENTER PROJECT. WHEREAS, Ordinance No. 5503 -73, passed April 9, 1973, appropriated $500,000.00 for various Civic Center expenses and established a budget line item of $273,000.00 for Architect's Fees, Design and Special Reports; and WHEREAS, the Civic Center Authority has approved the Schematic Design Phase of the Architect's Contract and has authorized the architectural firm of Phillip Johnson and John Burgee, to proceed with the preliminary design of the Civic Center; and WHEREAS, the engineering and architectural services in connection with the detailed design of the white -water rapids proposed for construction in the existing headrace channel adjoining Oliver Dam are estimated to be in the sum of $57,500.00, NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana: SECTION I. That the proposed Contract pertaining to the Oliver Dam Raceway Design Phase in the amount of $57,500.00, approved by the Civic Center Authority on December 14, 1973, is hereby approved. SECTION II. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/ Peter J. Nemeth Member of the Common Council A public hearing was held on the resolution at this time. Mr. Charles Lennon, Contract Administrat for the Civic Center Authority, explained that he was requesting approval based on prior authori- zation. He stated that the Board of Public Works had approved the resolution this very morning and the project has to do with a multi -facet approach to the Oliver Dam for the white -water raceway for engineering costs in the amount of $57,500. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, asked about the total cost. Mr. Lennon stated that the total cost for the Civic Center would be approximately one million dollars. The bonding for the project and pay- ment thereof would be the responsibility of the Park Department, and this was covered in the following resolution. Mr. Lennon indicated that the estimated cost for landscaping and development of the white -water contract was $500,000 of which $264,000 would be to repair the Oliver Dam. The remaining funds would be for the landscaping of the rest of the Civic Center. Mrs. Janet Allen, 125 West Marion Street, questioned the cost of the Civic Center. She questioned the million dollar for the landscaping. She stated that, when the project was originally started, it was stated that it would be a ten to twelve million dollar project for the building. She stated that now the building was being reduced because a million dollars was going into the landscaping. Councilman Miller stated that there were project costs and building costs involved. The project costs would be the total costs and would amount to eleven million dollars. He stated that it was not possible to guarantee the amount until actual costs were obtained. Hopefully, under a half million dollars could be used for the river bank and landscaping and raceway. He stated that this was an outside estimate of the total landscaping. Mrs. Allen felt the dam should be secured before construction of the Center. Councilman Miller stated that this was considered outside the scope of the Civic Center project but it was a county, city and state concern. Council President Nemeth indicated that the engineers determined that a building could not be built without construction of a west retaining wall. Mr. Lennon indicated that he was referring to the wall immediately west of the island. Councilman Miller presented a drawing showing the raceway and the retaining wall. Mrs. Allen felt that the building was needed more than the water; and that the Park Department had many of its own projects to undertake having been straddled with the mall. She stated that some of the bonding power of the Park Department would be used for that phase of the Civic Center. Miss Guthri wondered if the dam was to be considered an additional project. Mr. Lennon stated that the dam was in need of repair and is owned by the city. It was not a part of the original proposal but it is a part of the overall area downtown. Miss Guthrie asked about the estimated cost of repairing the dam, and Mr. Lennon indicated that that figure was not available at this time. A gentlemen in the audience asked if the dam served any useful purpose, and Mr. Lennon answered that it controlled the flooding waters and the flow down and up stream. Mrs. Frederick Mutzl, President of the St. Joseph County Fair Tax Association, wondered where the money would be coming from. She stated that $500,000 had been made available under revenue sharing funds. She asked how much money would be needed from the taxpayers. Councilman Miller stated that the newspaper had reported many times the estimated costs. He explained that a portion would be >r DE REGULAR MEETING - RECONVENED (CONTINUED) ER 17, 1973 coming from the private and public sector and there would also be donations from various trust funds. Councilman Taylor made a motion to insert the date of December 14 in Section I of the resolution, seconded by Councilman Miller. The motion carried. Councilman Taylor then made a motion that the resolution be adopted, as amended, seconded by Councilman Miller. The resolution passed by a roll call vote of eight ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Newburn and Nemeth) and one nay (Councilman Horva RESOLUTION NO. 402 -73 A RESOLUTION TO APPROVE THE BONDING CONSULTANT PHASE OF THE CIVIC CENTER PROJECT. WHEREAS, Ordinance No. 5503 -73, passed April 9, 1973, appropriated $500,000.00 for various Civic Center expenses and established a budget line item of $273,000.00 for Architect's Fees, Design and Special Reports; and WHEREAS, the South Bend Civic Center Authority has been created by the Common Council of the City of South Bend, Indiana, and that the Authority has proceeded with preliminary architectural and design plans in connection with the proposed building and has explored general means of financing but that the type or types of financing vehicles and respective amounts thereof have not been established; and WHEREAS, the independent municipal finance consultants, Paul D. Spear and Associates, with experience in the development of financing plans and the resulting marketing of municipal bonds in excess of $1.75 Billion, has been recommended by the Authority to the City to develop a plan which will result in the marketing of the necessary bonds to complete the proposed project, NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana: SECTION I. That the proposed Contract pertaining to the Financial Development Phase approved by the Civic Center Authority on December 7, 1973, is hereby approved. SECTION II. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/ Peter J. Nemeth Member of the Common Council A public hearing was held on the resolution at this time. Mr. Charles Lennon, Contract Administrai for the Civic Center Authority, explained that the Board of Public Works and the Authority had approved the hiring of Paul D. Spear & Associates for the financing of the Civic Center plan. He stated that now Council approval was needed. He indicated that a marketing of the bonds would be prepared and the whole financial package would be prepared by the firm. The services in full woulc be a minimum of $5,000. If revenue bonds are issued, the amount would be higher. Council President Nemeth stated that, in the event the city should go through the Economic Development Commission, there should be a clause contained in the agreement where it would not apply to those types of bonds. He did not know if the city should be paying a fee on that type of program. Councilman Miller stated that the purpose was to sell the bonds and, in order to do that, it was necessary to get qualified people outside the city to rate them. He stated that even a revenue bond would have to be handled in this way. Council President Nemeth stated that the Economic Development Commission bond was a technical -type bond. Mr. Lennon believed that there was a clause that exempted use of the bonds for convention centers. Mr. James Roemer, City Attorney, could see no objection to putting in a clause stating that, in the event the city desires Economic Development Commission bonds, there would be no charge by Paul Spear & Associates. He stated that the project would be financed through many sources. Mr. James Barcome, City Controller, stated that, regarding the Spear package, the firm would tell the city which way would be the best way to go as far as financing. The firm would guide the city in every area of financing, and he felt the contract with Spear was one of the better contracts the city had. Mrs. Janet Allen, 125 West Marion Street, asked where the revenue would be established to pay off the bonds. Council President Nemeth stated that he was talking about Economic Development Revenue bonds and that, presently, these bonds would not be applicable. Mr. Lennon indicated that there were many possibilities for revenue, one such source from the Hotel -Motel Tax Board, leases from various restaurants, etc. He stated that the concept of the Economic Development Revenue bonds was not included in the contract. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, asked if Spear would be doing a feasibility study, and Mr. Lennon indicated that the firm would do just that. It would include the entire concept of the financing. Miss Guthrie stated that there was a serious error made on the garages and financing. She hoped this same thing would not happen again with the Civic Center. Councilman Serge asked for an estimate that the city could expect to receive on donations, and Mr. Lennon stated that there would be a general fund - raising program for the Civic Center. Possibly four million dollars could be raised from that source. Another possible two million dollars could come from the Hotel -Motel tax., etc. Councilman Miller made a motion that the resolution be adopted, seconded by Councilman Szymkowiak. The resolution passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). RESOLUTION NO. 403 -73 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND COMMENDING PAUL F. BOEHM, DIRECTOR OF THE DEPARTMENT OF RECREATION. WHEREAS, PAUL F. BOEHM, Director of the Department of Recreation, is retiring from his office; and WHEREAS, PAUL F. BOEHM was the first and has been the only Director of the Department of Recreation; and REGULAR MEETING DECEMBER 17, 1973 IIREGULAR MEETING - RECONVENED (CONTINUED) WHEREAS, PAUL F. BOEHM has carried out the duties of his office in an exemplary manner for the betterment and enjoyment of the people of South Bend and the citizens of our community; and WHEREAS, PAUL F. BOEHM is deserving of recognition and honor by the Common Council on behalf of the people of the City of South Bend, NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend: SECTION 1. That the Common Council of the City of South Bend hereby commends and congratulates PAUL F. BOEHM upon his retirement for the distinguished and meritorious service which he has provided the City of South Bend as the Director of the Department of Recreation, and extends its deepest appreciation for a job well done. SECTION 2. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/ Odell Newburn Member of the Common Council A public hearing was held on the resolution at this time. Councilman Miller requested a copy of the resolution be sent to Mr. Boehm as he was not present at the meeting. Councilman Parent made • motion that the resolution be adopted, seconded by Councilman Newburn. The resolution passed by • roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). IIORDINANCES, FIRST READING IIORDINANCE NO. 5622 -73 AN ORDINANCE APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE AND ECONOMIC DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO DAAL REALTY. This ordinance had first reading. Councilman Parent made a motion to suspend the rules and take action on the ordinance, seconded by Councilman Miller. The motion carried by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). The ordinance then had second reading. Councilman Parent made a motion that the ordinan 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). 1IORDINANCE NO. 5623 -73 AN ORDINANCE APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE AND ECONOMIC DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO RIDGEDALE NURSING HOME. 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). The ordinance then had second reading. Councilman Horvath made a motion that the ordinar 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). A question arose concerning transportation for the people working at the Ridgedale Nursing Home. Council President Nemeth felt that was one of the problems the home would have to solve as the Council was merely approving the financing of the wing extension. . II nPnTMAMrR 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) - 219 EAST IRELAND ROAD. This ordinance had first reading. Councilman Horvath made a motion that the ordinance, along with the petition, be referred to the Area Plan Commission, seconded by Councilman Taylor. The motion carried. IIORDINANCE NO. 5624 -73 AN ORDINANCE TRANSFERRING FUNDS WITHIN THE FEDERAL ASSISTANCE GRANT PROGRAM FA -10, "BUREAU OF SOLID WASTE ", IN THE AMOUNTS OF $1,000.00 FROM FA -10 -723, $5,500.00 FROM FA -10 -722, $500.00 FROM FA -10 -520, $84.00 FROM FA- 10- 550, $500.00 FROM FA -10 -324, $6,500.00 TO FA- 10- 262.2 AND $1,084.00 TO FA -10 -430, ALL ACCOUNTS BEING WITHIN THE FEDERAL ASSISTANCE PROGRAM FA -10, "BUREAU OF SOLID WASTE ". This ordinance had first reading. Councilman Miller made a motion to set the ordinance for public hearing and second reading on January 14, 1974, seconded by Councilman Parent. It was requested that the Council suspend the rules and take action on the ordinance. Councilman Miller withdrew his motion and Councilman Parent withdrew his second to that motion. Councilman Miller made a ,motion to suspend the rules and take action on the ordinance. Councilman Parent seconded the motion. The motion carried by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). This ordinance then had second reading. Mr. Michael Vance, Fiscal Officer for the Bureau of Wastewater, made the presentation for the ordinance. He explained that the transfer was necessary before the end of the year in order to take advantage of the federal revenue funds,. He referred to a letter of explanation he had ,e REGULAR MEETING DECEMBER 17 1973 REGULAR MEETING - RECONVENED (CONTINUED) submitted to the Common Council members. Councilman Newburn also stated that, at the end of the year, many departments have a vast amount of money that must be transferred because it was not being used in a particular account. The transfers are made to other accounts in order that the funds not revert back to the General Fund. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, wondered why the equipment had not been budgeted. She asked if the department was over - budgeted. Councilman Miller indicated that various things within departments change and the department had been involved in a very large change this year. He felt the transfer were necessary. Miss Guthrie wondered how close the department was to paying its own way, and Mr. Vance stated that the expenses were budgeted according to the number of people utilizing the pro - gram. He stated that the department was not over- budgeted. He indicated that the department was paying its own way because expenses have been cut. Councilman Miller stated that the department was not paying its own way at present but would be soon. Miss Guthrie asked about the money that was left for the property tax, and Mr. James Barcome, City Controller, indicated thatlast year when the ordinance was proposed regarding the trash program, estimates were used in most cases because it was not certain how much revenue would be realized. He stated that much of the money was going back into the revenue sharing account. Councilman Newburn stated that he did not want anyone to misunderstand his statement made previously about the money not being used in the depart- ments and then being transferred at the end of the year. He indicated that he was not questioning the administration's integrity. Councilman Serge made a motion that the ordinance pass, seconded by Councilman Szymkowiak. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE NO. 5625 -73 AN ORDINANCE APPROPRIATING THE TOTAL AMOUNT OF $40,921.25 FROM THE SEWAGE WORKS CONSTRUCTION FUND FOR THE PURCHASE OF THREE LIME SLUDGE REMOVAL VEHICLES, AND ONE GRIT REMOVAL VEHICLE BY THE BUREAU OF WASTE WATER. This ordinance had first reading. Councilman Miller made a motion to suspend the rules and take action on the ordinance because the bid received on the equipment was only guaranteed through December 26, after which time there might be an increase, seconded by Councilman Parent. The motio carried by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). The ordinance then had second reading. There was a question raised on the advertising of the appropriation. Council President Nemeth indicated that, if the proper procedure had not been followed, the State Board of Accounts would not approve the ordinance appropriation. Mr. Dave Irwin of the Wastewater Department, explained that the money was coming out of the Construction Fund and had already been appropriated. Councilman Parent asked if the contract was being approved, and Mr. James Roemer, City Attorney, indicated that he thought it was. Council President Nemeth asked about the number of trucks needed and the procedure followed. He asked about the grit removal truck. Mr. Irwin explained the necessity of the trucks and their operation. Council President Nemeth wondered about the use of the dump truck by the Wastewater Plant from the Sanitation Department. Councilman Parent asked if the construction funds would go back to the city if not used, and Mr. Michael Vance, Fiscal Officer for the Bureau of Wastewater, indicated that the funds would remain in the Construction Fund. ouncilman Parent made a motion that the ordinance pass, seconded by Councilman Szymkowiak. The rdinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, aylor, Kopczynski, Horvath, Newburn and Nemeth). INANCE AN ORDINANCE APPROPRIATING $363,433.00 FROM THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC WORKS, PUBLIC PARKS AND PUBLIC SAFETY PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENTS OF PUBLIC WORKS, PUBLIC PARKS AND PUBLIC SAFETY. his ordinance had first reading. Councilman Newburn made a motion that the ordinance be set for ublic hearing and second reading on January 14, 1974, seconded by Councilman Taylor. The motion arried. PRIVILEGE OF THE FLOOR :r. Charles Lennon, Director of the Community Development Program, requested that the Council read ,he report he had furnished it regarding the housing program within the City of South Bend and the outheast side. He explained that the project was a clearance project. He indicated that, on anuary 14, he would submit the information for the funding regarding the program. He referred to preliminary land -use transportation plan for the area. He talked about the feasibility studies o be made and the three stages of the program which would be a three -year commitment made on the art of the Council. He requested that the Council give some sort of commitment on whether or not he project could be started. With the information presented, he was hopeful that this could be one during January. Council President Nemeth indicated that the Council was concerned about the atter. He wondered what Mr. Lennon had meant by getting a commitment from the Council. Mr. Lennon ndicated that he was asking the Council if it believed in rehabilitation. Councilman Miller ondered if this project had been announced publicly before this time, and Mr. Lennon indicated that t had not. Councilman Miller asked how the Council could get direction from the citizens regardin he project if they were not aware of it. Mr. Lennon stated that, at the community forum meetings ast year, this had been discussed. He indicated that this was the first time; however, that he as coming to the Council with a dollar figure. He indicated that the matter was discussed on ovember 8 and the Council had agreed to it. Councilman Kopczynski questioned that statement, and r. Lennon indicated that, if he remembered correctly, Councilman Kopczynski had not been present a he meeting; however, about five of the councilmen had indicated that they would go along with the roject. Councilman Parent stated that he was pleased that planning was being undertaken for the rea. He indicated that he wanted to give Mr. Lennon the "go ahead" to continue the planning but ach specific project should be taken separately. Councilman Kopczynski asked where most of the REGULAR MEETING IIREGULAR MEETING - RECONVENED (CONTINUED) DECEMBER 17, 1973 money would be coming from,. and Mr. Lennon stated that most of the money would come through the revenue sharing program. Councilman Kopczynski wondered if that amount of money should be alloca to only one area. Mr. Lennon stated that, during the next few weeks, a total program for the entire area would be presented to the Council. Councilman Parent made a motion that the Council favor the continued exploration of ways and means to improve the southeast neighborhood. There was no second. Councilman Taylor asked about the financing, and Mr. Lennon indicated that Mr. Shields wanted assurance that one year from now the funds would not be appropriated. Councilman Taylor asked about the amount of additional clearance, and Mr. Lennon indicated that the total project would be $1,306,000 excluding the park development. Councilman Miller wondered how the Council could make a commitment on revenue sharing expenses for 1975 and 1976. He stated that, regarding the Civic Center, there has been no commitment for revenue sharing funds.in the future. Councilman Taylor stated that he wanted something to be done for the southeast neighborhood, and he indicated that he wanted Mr. Lennon to proceed with the necessary plans. Councilman Parent 1withdrew his motion. KNEW BUSINESS Council President Nemeth explained that the St. Joseph County Tax Adjustment Board had reduced the budget appropriation for the South Bend Art Association by four mills and the Council had previous appropriated nine mills. He wondered why the cut had been made. Mr. James Barcome, City Controll indicated that apparently the board had felt the budget should be cut because no one had been ,present at the hearing. Council President Nemeth proposed a resolution to authorize the South Bend Art Association to appeal to the Board of State Tax Commissioners the four mill reduction in the appropriation for 1974, as follows: RESOLUTION NO. 404 -73 A RESOLUTION OF THE COMMON COUNCIL SUPPORTING THE TAX APPEAL OF THE SOUTH BEND ART ASSOCIATION, INC. WHEREAS, the St. Joseph County Tax Adjustment Board has reduced the budget appropriation for the South Bend Art Association, Inc. by four (4) mills; and WHEREAS, the Common Council believed at the time and still believes that the nine (9) mills which it appropriated was proper and necessary for the support and the maintenance of art facilities in the City of South Bend; and WHEREAS, the Common Council believes that said budgetary appropriation of nine (9) mills was in the best interests of the people of the City of South Bend, NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend: SECTION 1. The Common Council hereby authorizes the South Bend Art Association, Inc. to appeal to the Board of State Tax Commissioners the four (4) mill reduction in its budgetary appropriation for 1974, which reduction was made by the St. Joseph County Tax Adjustment Board; and supports the efforts of the Art Association in this matter.. SECTION 2. This resolution shall be in full force and effect from and after its adoption by the Common Council and its approval by the Mayor. s/ Peter J. Nemeth Member of the Common Council Councilman Parent 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 proposed a resolution to allow American Chain and Cable Company to pro- ceed with bonding of construction under the Economic Development Act, as follows: RESOLUTION NO. 405 -73 WHEREAS, the South Bend Development Commission on December 14, 1973, adopted a resolution, a copy of which is on file with the City Clerk; and WHEREAS, it is in the best interests of the City of South Bend, and the prosperity, economic development and general welfare thereof, that said Resolution be approved and, that the financing arrangements under a Loan Agreement for the acquisition, construction, and equipping of the Economic Development Facility to be owned by American Chain & Cable Company, Inc., be implemented; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend that the Development Commission's resolution adopted on December 14, 1974, be approved, accepted and ordered filed. BE IT FURTHER RESOLVED that the Common Council of the City of South Bend give its approval of and order implementing the financing arrangements under a Loan Agreement for the acquisition, construction and equipping of the Economic Development Facility to be owned by American Chain & Cable Company, Inc., under authority of the Indiana Code of 1971, Title 18, Article 6, Chapter 4.5. s/ Peter J. Nemeth Member of the Common Council (Council President Nemeth explained that the firm would be employing 100 persons and the benefits jderived by the city would certainly justify adoption of the resolution. He indicated that the amount of the bond would be $4,000,000, and most of the equipment manufactured would be made here and shipped to various industries. Councilman Parent made a motion that the resolution be adopted, seconded by Councilman Serge. The resolution passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). Council REGULAR MEETING DECEMBER 17, 1973 REGULAR MEETING - RECONVENED (CONTINUED) President Nemeth explained that the South Bend Development Commission had approved the resolution and, by adoption of the resolution by the Council, the Council was ratifying the resolution and giving approval of the financing arrangements for American Chain & Cable Company. He indicated that the building was located on Walnut Street and would be given up by Bendix Corporation within a few months. He concluded that the firm would probably be out with a press release on the project. Councilman Serge talked about the vandalism done to the light poles at Boland Park. City Attorney Roemer indicated that he, too, felt strongly about the matter. He indicated that he had contacted the FBI to enter the investigation because revenue sharing funds were used on the project. He stated that the matter was still under investigation. There being no further business to come before the Council, unfinished or new, Councilman Taylor made a motion that the Council adjourn, seconded by Councilman Serge. The motion carried and the meeting adjourned at 11:30 p.m. ATTEST: CITY CLERK � 1 % /sue +++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + +.... .+++++++++++++++++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++