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HomeMy WebLinkAbout04-08-74 Council Meeting Minutes+++++++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + +..4p .++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + +frtrtttl REGULAR MEETING APRIL 8, 1974 Be it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Monday, April 8, 1974, at 7:06 p.m., Council President Peter J. Nemeth presiding. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL PRESENT: Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth. ABSENT: None. City Clerk Irene K. Gammon swore in the Council's appointments to the South Bend Crime Commission which included Mr. Howard Goodhew, Miss Virginia Guthrie, Mr. William Henke and Mr. Dean Johnson. Mr. Philip J. Faccenda, jointly appointed by the Mayor and President of the Council, was sworn in as Chairman of the South Bend Crime Commission. Councilman Parent made a motion to resolve into the Committee of the Whole, seconded by Councilman Taylor. The motion carried. COMMITTEE OF THE WHOLE MEETING Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on Monday, April 8, 1974, at 7:09 p.m., with nine members present. Chairman Odell Newburn presided. ORDINANCE AN ORDINANCE AMENDING CHAPTER 20, VEHICLES AND TRAFFIC, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Patrick Gallagher, Director of the Departmen of Public Safety, made the presentation for the ordinance. He stated that one out of every eight major offenses in 1972 and one of every seven major offenses in 1973 were bike thefts. He stated that the value of bikes stolen in 1973 rose to $107,000 from $64,000 in 1972. He indicated that the increase in bike thefts accounted for close to 300 of all crimes in South Bend. For the first three months of 1974 the crime rate has dropped because of the many programs initiated during the last few months; however, the bike thefts are on the rise. Projecting the increase for the year could mean that bike thefts would be one out of every six major offenses committed. Mr. Gallagher indicated that the bike ordinance now in effect provided for the return of bikes if stolen; howeve the license tags authorized by the ordinance were very easily removed. He stated that the propose ordinance provides basically: (1) non - transferrable stickers good.for three years, (2) comprehen- sive possibilities for the return of stolen bikes, (3) easy identification of unlicensed and /or stolen bikes, (4) readily available stolen bike lists, (5) engarving of the numbers on the bikes, (6) giving the owner some type of proof of ownership, (7) adequate impoundment procedures, and (8) computer printouts to identify bikes. Mr. Gallagher indicated that the procedures would be that the bike owner would present a filled -out registration form. Particular attention would be paid to the serial number. The serial number would be checked against the stolen bike lists. A registered number would be assigned if the bike was not listed as stolen and the license would the be affixed and the registration number would be engraved. All the material would then be fed into the police computer. Mr. Gallagher felt the program would decrease the number of bike thefts and would give the department some type of control over the use of bikes in the city. He expressed hope that the Council would act in favor of the proposed ordinance. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, wondered if any changes had been made to the proposed ordinance since.the March 25th Council meeting. He wanted assurance tha certain amendments would be made. Councilman Parent made a motion to amend the ordinance as follo Section I to read: Sections 31 through and including Section 43 of Article 4, Chapter 20 of the Municipal Code of the City of South Bend, Indiana, are amended to read as follows, to -wit: Sec. 20 -31 (1) to read: A bicycle is defined as a vehicle whose weight rests on wheels, none of which are less than sixteen (16) inches in diameter, and which utilizes direct physical human power as its major source of propulsion. A vehicle utilizing a gasoline engine or some other such device as its major source of propulsion is excluded from this definition. REGULAR MEETING APRIL 8, 1974 COMMITTEE OF THE WHOLE MEETING (CONTINUED) Insert the following as a second paragraph in Sec. 20 -36 (a): The license fee for each bicycle registered after the deadline for reporting ownership of a bicycle (Sec. 20 -41) shall be the normal fee (Sec. 20 -36 -a) plus $0.25 for each day after the deadline up to a maximum of twenty (20) days. In Sec. 20 -36 (b), amend $0.25 to $0.50. Sec. 20 -37 to read: The Bicycle Registration Ordinance; creation and purposes. Sec. 20 -37 (a) to read: All fees from the Bicycle Registration Ordinance shall be deposited in the General Fund. Delete (b) and (c) . Sections 20 -41, 20 -42, 20 -43 and 20 -44 shall be renumbered to read: Sections 20 -40, 20 -41, 20 -42 and 20 -43. Sec. 20 -43 (b), amend $2.00 to $4.00. Section II to read: Anyone who violates the provisions of this ordinance may be fined up to a maximum of $100 by a court of competent jurisdiction. Section III to read: If any section, sub - section, sentence, clause, phrase or portion of this ordinance is, for any reason, held invalid or unconstitutional by a court with competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such-holding shall not affect the validity of the remaining portions thereof. Section IV to read: This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and legal publication, except Section 20 -43 which shall be effective June 15, 1974. Councilman Taylor seconded the motion. The motion carried. It was indicated that, in the body of the ordinance, reference was made to the Bicycle Fund which had been deleted by the amendment made Councilman Parent made a motion to amend his motion to include the deletion of all reference to th Bicycle Fund, wherever mentioned, and the insertion of the General Fund, seconded by Councilman Taylor. The motion carried. Mr. Walter Lantz, Deputy City Controller, questioned Section 20 -36. He stated that the city was not allowed to appropriate money from the General Fund until a surplus was shown and a surplus is shown when all the miscellaneous revenues are received. He stated that this would not happen until the end of the year, if it happened at all. He felt implementation of the program might cost approximately $2,000 and, if the Bicycle Fund was not set up, he wondered where the money would come from. Councilman Miller stated that, in the second year of the program, the money would be anticipated in the miscellaneous revenue. Mr. Lantz stated that, if the money was receipted into the General Fund, a transfer would have to be made from someone's budget in order to cover expense incurred. Councilman Parent stated that it was felt the small sum of money needed could be managed, and he mentioned that possibly revenue sharing funds could be used. He stated that it only involved a small fund. Mr. Lantz indicated that revenue sharing money could not be used for the fund because it was considered a supply account. He stated that Mr. Gallagher would probably have to come before the Council at a later date requesting a transfer from some other fund. The motion to amend the amendment carried. Mrs. Frederick Mutzl of the Board of Directors of the St. Joseph County Fair Tax Association, wondered about the $2.00 fee being raised to $4.00. Mr. Gallagher stated that this was an impound- ment fee and it was increased because of the amount of work needed regarding the impoundment of the bikes. Mrs. Mutzl wondered if a bike would be picked up if not licensed and the owner would have to pay the $4.00 fee. Councilman Parent indicated that the owner would have to pay the fee. Mrs. Mutzl did not feel the owners should be made to pay for the return of the bikes. She felt th thieves should be caught and the owners of the bikes not penalized. Councilman Taylor asked about publicity of the new bike programs, and Mr. Gallagher answered that 12 or 13 bike - oramas would be publicized in the schools. He was hopeful that the news media would also provide announcements, etc. Councilman Szymkowiak stated that he felt Mrs. Mutzl had made a good point. He wondered aboill the bike program and if it would be effective. Mr. Gallagher stated that, given a licensing pro - gram, the department could tell which bikes are licensed originally. Once the licensing becomes comprehensive, there would be one means of identifying the bikes. Councilman Szymkowiak wondered if the bike dealers would be required to keep a list of the purchasers, and Mr. Gallagher indicate that the ordinance did not require that. He stated that he had been told the dealers do not keep a record of serial numbers. He indicated that he was requesting that they distribute the bike registration forms when the bikes are sold. Councilman Szymkowiak felt the dealers should keep a record of the serial numbers. Councilman Kopczynski felt there were many loopholes in the ordinan E He felt it should not be acted upon until the administration of the ordinance was spelled out as far as guidelines. He did not feel that people who have had bikes for years should be penalized. He wanted this to be a "fair shake" to the public. He stated that he agreed with some of the provisions; however, he recommended that the Council take no action on the ordinance at the presen time. Councilman Serge wondered if a person who had a bike stolen would have to pay the $4.00 fee Mr. Gallagher stated that, if the bike was stolen, the $4.00 impoundment fee would not be charged. He stated that the bikes abandoned and returned to the owners would not be charged with the fee. Councilman Parent made a motion to further amend the ordinance by the insertion of the following: All bicycle wholesalers and retailers are required to keep a list of bicycle serial numbers which they acquire; serial numbers shall be kept for a period of 30 days after sale of said bicycles. The motion lost due to lack of a second. Councilman Szymkowiak then made a motion that the ordinance go back to the committee for a more thorough review, seconded by Councilman Kopczynski. Chairman Newburn called for a roll call vote. The motion lost by a vote of five nays (Councilmen Miller, Parent, Taylor, Horvath and Nemeth) and four ayes (Councilmen Serge, Szymkowiak, Kopczynskj and Newburn). Councilman Parent indicated that the ordinance has been before the Council for a RF iiT AR APRIL 8, 1974 X33333. -+�F IICOMMITTEE OF THE WHOLE MEETING (CONTINUED) couple months. He stated that the ordinance had already been sent to committee, and he felt that every eventuality could not be provided for, but he felt the ordinance was a good one. He suggested that the ordinance not be sent back to committee. Councilman Kopczynski stated that the amendments made by Councilman Parent, as chairman of the Public Safety Committee, were only given to the Council members that evening. He felt sufficient time had not been allowed to study the amendments. Councilman Taylor made a motion that the ordinance go to the Council as favorable, as amended, seconded by Councilman Parent. The motion carried. IIORDINANCE IIORDINANCE 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) - 2503 Linden Avenue. and 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) - 2519 Linden Avenue. Council President Nemeth made a motion to table the above two rezoning ordinances because of the unfavorable report received from the Area Plan Commission and because the owner of the property not signed the petition. He also stated that the Area Plan Commission had indicated that it was considering rezoning the entire neighborhood to the same classification. Councilman Szymkowiak seconded the motion. The motion carried. 1IORDINANCE AN ORDINANCE REGULATING SALARIES PAID TO CITY OFFICIALS AND EMPLOYEES. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Edward Chapleau, 316 First Bank Building, th Council's attorney, stated that he was not'speaking in behalf of the ordinance but was speaking to explain the legal implications of the ordinance. He indicated that the statute under which the ordinance was drafted was Burns Statute 48 -1233, and this was a refinement of 48 -1222. He referre to subparagraph (b) of the statute where the Council is given the right to regulate salaries of officials and employees. He referred to the Attorney General's opinion No. 64, dated December 10, 1959, pertaining to the regulation of salaries by the Council. He briefly explained the provision of the ordinance, stating that the Council shall approve the salaries of each and every appointive officer, employee, deputy, assistant and departmental and institutional head after the salaries ar so fixed by the Mayor; that the Council may reduce said salaries but not increase; that no additio compensation shall be paid to any city employee by the city without Common Council approval; and that the ordinance would not apply to members of the Police and Fire Departments. Mr. Chapleau stated that the main purpose of the statute was to have a check- and - balance procedure for the legislative body. He indicated that the Mayor has the authority to set the salaries, and the Coun is merely passing on a check- and - balance procedure. He stated that, according to the Attorney General's opinion, if there are other city employees that are operating within a department create by a special act, then they would not be affected by the salary ordinance; more specifically the Department of Redevelopment. He indicated that the Redevelopment Commission would have the author to set the salaries of the employees. He stated that, according to his opinion, the Department of Redevelopment would be excepted from the ordinance. It was his opinion that federal funds and state funds paid to city employees upon the Mayor's designation would be subject to approval of th Common Council on a general basis. This meant that 48 -1406 gives the Common Council the power to pass all ordinances, resolutions and motions for the government of the city, for control of proper and finances and appropriation of money. He felt the Council had the authority to pass on the salaries coming from federal and state funds. He cited the Airport Authority, the Public Transpor tation Corporation and Redevelopment as exceptions to the proposed ordinance. Mr. Chapleau stated that it was not the intent of the ordinance to limit the employees from receiving additional com- pensation, but to review the additional compensation as a matter of a check - and - balance procedure. He stated that it does not necessarily imply that passing the ordinance would take away the federa funds or additional compensation. Mr. Charles Howell, 1118 Duey Street, stated that there have been people who have said that they cannot get involved in the political role because part of their salaries were paid from the federa government. He wondered about this. Mr. Chapleau stated that there was no provision that prevent this if handled in the appropriate manner. He stated that the ordinance proposed is a general ordinance and, if there is any law that conflicts, that would be one of the exceptions he had mentioned. Miss Virginia Guthrie, 403A Lincolnway West, stated that, if the total salary is pre- sented to the Council and part of the salary comes from a federal fund, only the total is given. She wondered if the local participation could be reduced by the Council to keep the salaries in line. Mr. Chapleau stated that the Council can reduce the city's portion and this was provided fo in the ordinance. Mrs. Janet Allen, 125 West Marion Street, stated that in many of the government programs and funds, the city must come up with a share of the funds. When the city's funds are involved, those funds can be controlled or reduced by the Council. Mr. James Roemer, City Attorne stated that he did not feel there would be any legal arguments to the proposed ordinance. He stat that the Redevelopment Department, Public Transportation Corporation and Airport Authority would b excepted from the ordinance. He wondered if Model Cities likewise would be excepted. He felt tha only a couple employees would be covered under the ordinance. Councilman Miller wondered about revenue sharing grants being used for salaries of employees, and Mr. Roemer stated that, when ther is a contract with an agency, there would be an exception. Councilman Miller indicated that he wa talking about the Civic Center and Youth Services Bureau. He felt that many of the offices were involved. Mr. Walter Lantz, Deputy City Controller, stated that, if a city employee is receiving a city salary, that employee cannot enter into a contract with the city. Council President Nemeth wondered if the Department of Redevelopment could pay a salary to someone and also enter into a contract with that same person for additional compensation. Mr. Lantz stated that this could not be done on a contractual basis. Mr. Charles Lennon, Director of the Department of Redevelopment, 1 1 iN REGULAR MEETING APRIL 8, 1974 COMMITTEE OF THE WHOLE MEETING (CONTINUED) asked what particular case the Council was referring to. No particular instance was mentioned. Mr. Roemer stated that he could not find any particular law that says that type of an ordinance should not be passed. He felt this was a matter of opinion as Mr. Chapleau had previously stated. Mr. Roemer indicated that the statutes also set further powers as being vested to the Mayor regard : fixing salaries. The Council is to generally appropriate the money and oversee. He felt that som "high- powered" executives could be lost to the city if the Mayor did not have that authority. He wondered about the general intent of the legislature in designating authority. He talked about th possibility of problems occurring in the area of federal funds. In the manpower area, if there wa money appropriated for summer jobs, the federal government could enter into a contract with the city and give the city a certain amount of money. He felt the city might be in a position to have to turn down the funds if the proposed ordinance was passed. He expressed concern about the feder government having a say in setting the salaries. He felt the executive branch of government shoul be able to have that authority and be responsible for hiring, firing and setting salaries. He als felt the Council's ordinance only affected a few people and there were many questions pertaining t the ordinance. He hoped that federal grants would not be jeopardized because of the ordinance. Councilman Kopczynski stated that Mr. Lennon was the Director of the Department of Redevelopment. He wondered why Mr. Lennon did not get paid from the Redevelopment monies. He wondered about the 701 Planning Grant. Mr. Lennon stated that his total salary from the City of South Bend, and he interjected that he receives no other funds from the city, was $18,200. He received $5,799.96 from the 701 Planning Grant for a total of $23,100.04.. He stated that Redevelopment pays three - fourths of his salary. Councilman Kopczynski wondered why this was not included in the printout o the salaries of employees. Mr. Lennon explained that he had worked for Model Cities for four year which had been covered by PERF (for pension purposes). When he came to Redevelopment, there was no PERF and he had received an option to be a city employee in order not to lose his four years with Model Cities. Council President Nemeth stated that, if that was the case, the Council would have the authority over the salary because it was city -paid. He requested a copy of the 701 Plann : Grant contract, and Mr. Lennon indicated that a copy had been furnished the Council; however, he would furnish Council President Nemeth with an updated copy. Mr. Kevin Butler, the attorney repre- senting the Redevelopment Commission, indicated that he was present to answer questions pertaining to the commission should any arise. Mr. William Hojnacki, Director of the Department of Human Resources and Economic Development, expressed concern over the manpower program. He did not under- stand what would happen when the ordinance went into effect. He hoped Congress would make addi- tional employment funds available to the city. He stated that the manpower program was administer through the State Department and must be approved by the review board, the Michiana Area Council o Governments, and then submitted to the Manpower Advisory Council. He wanted an opportunity to closely review the ordinance as far as it related to the manpower program. Councilman Parent aske if the manpower program had responsibility for areas outside the City of South Bend, and Mr. Hojna '. indicated that the program was going from a four - county role into just a City of South Bend role. Mrs. Janet Allen, 125 West Marion Street, stated that the Mayor sets the salaries but that the Council is the body which votes on the salaries. She stated that this was also true of the police- men and firemen. She stated that salaries for Model Cities employees have been reviewed,' and the Mayor is perfectly free to hire anyone once the salary has been approved by the Council. She stated that anyone in line for a city pension must be considered a city employee. She did not feel the federal government should be allowed to set salaries at will because in most programs, the city must pay a portion. Councilman Miller stated that, in the 701 Planning Grant, there are non - federal contributions. Mr. Lennon agreed. Councilman Miller wondered if it was the power of the Mayor to authorize an expenditure without authorization of the Council. He stated that in -kin contributions were paid by the city. He indicated that he had a copy of the contract dated November 1, 1972. He wondered if the corporate city included the Mayor and Council, and he stated that the grant was given to the City of South Bend. Mr. Roemer indicated that he was not sure how the legal entity was defined. Councilman Miller stated that the corporate city would include the Mayor and Common Council. Council President Nemeth stated that the Mayor and Council are the corporate officers of the city. Councilman Miller stated that the 701 Planning Grant dated November 1, 1972, defines the planning agency as the City of South Bend and the Mayor had signed the contract. The format is to provide administration for the Mayor's staff, citizen participatio coordination and a housing component, the latter he indicated that he found interesting. He felt the Mayor and Common Council made up the City of South Bend and this was a contract case. He stated that it was mentioned the 701 Planning Grant was not included under the ordinance. He felt it was. Mr. Chapleau stated that the planning agency referred to in the grant was the City of South Bend and the statutes provide that a separate tax levy can be established. He stated that the Common Council passes on the budget. He indicated that he was not talking about the relocatio officers because the salaries are set by the Redevelopment Commission. Council President Nemeth wondered about the 701 Planning Grant. Mr. Chapleau stated that the grant he had access to was made specifically between the Department of Redevelopment and the federal government. It was indicated that it was possible Mr. Chapleau did not have the particular contract being discussed. Councilman Miller wondered about a check - and - balance on salaries if the Mayor sets salaries for federal funds and it was under a contract with a federal agency. Mr. Roemer stated that the overa budget would come to the Council for review. Councilman Miller asked that, assuming that federal funds are coming in under one type of grant or another and an administrative budget is set up, how the city prevented the possibility under manpower of being involved in patronage. Mr. Roemer suggested that, if the Council has a concern over a certain salary, the Council need simply reques the information and request a justification of that salary. It was indicated that no specific salary was being questioned. Mr. Hojnacki stated that the city is under specific regulations as far as the people employed and certain procedures must be adhered to. Councilman Parent stated that, to his knowledge, all employees that receive federal funds cannot be involved in politics. He stated that the ordinance, in principle, was fine. He felt that many questions were raised regarding the ordinance, and he wondered how many people would be affected by the proposed ordinance. He suggested that the ordinance be tabled. Council President Nemeth stated that, if there are so many federal requirements to follow, he could not see why one more requirement would make any difference. Councilman Taylor made a motion to amend the ordinance by adding the following phrase "except as otherwise provided by law" to Section I, seconded by Councilman Miller. The motion carried. Councilman Serge stated that this issue had come up over a year ago, and he was under the impressi that the Council did not have authority over federally funded employees. He stated that the feder, employees do receive more money than the city employees. Councilman Miller made a motion that the ordinance go to the Council as favorable, as amended, seconded by Councilman Kopczynski. The motion carried. REGULAR MEETING APRIL 8, 1974 IICOMMITTEE OF THE WHOLE MEETING (CONTINUED) II ORDINANCE AN ORDINANCE APPROPRIATING $46,126.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC SAFETY PRO- GRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC SAFETY. This being the time heretofore set for public hearing on the -above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Cappy Gagnon, 2901 Miami Street, Director of the Youth Services Bureau, made the presentation for the ordinance. He stated that approximately 2h years ago, the group had gotten together and determined that there was a rising juvenile crime problem in the community and a problem in coordinating resources to deal with the problem. The Youth Services Bureau was established and there was a system developed of outreach and referral. The Youth Services Bureau has been successful during the past two years, in Mr. Gagnon's opinion. Mr. Gagnon stated that, when the program was started, a large federal grant was received and administered fairly. Because of the grant, a comprehensive system of staffing was allowed, and the grant was received by the City of South Bend through the Mayor. He explained that the funds were not to be permanent and would be reduced in time. Consequently, in the second year, the funds were decreased. He stated that revenue sharing funds for the bureau had been received and he was now again requesting revenue sharing funds for the remainder of the year. He was hopeful that funding could be obtained through the city in the coming years and not revenue sharing. He stated that the staff was very professional and very dedicated in trying to work with the juveniles in the city. He stated that a contract had been received through the Department of Labor to establish a work program for school drop -outs. He felt the youth problem had a great deal to do with the crime picture. He stated that one -third of the referrals come from the Police Department; another one -third of the referrals come from the St. Joseph County Probation. Department and the remaining one -third come from the community including parents, ministers, etc. He indicated that one of the special projects that would be implemented would be a program called the School Service Coordinator He requested the Council to appropriate the funds. Mrs. Ann Wlodarski,,1869 Riverside Drive, stated that she was tired of the federal grants. She fel the revenue sharing funds should be used to improve situations within the city. She talked about the sewage problem and improvement in her area. She felt certain programs were duplications of services, and the elderly should be considered in some of these grants. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, asked about the budget in 1973, and Mr. Gagnon indicat that $53,000 had been received from the Law Enforcement Assistance Program and $20,000 had been received from revenue sharing. He stated that the Criminal Justice money was on a May fiscal year and the revenue sharing funds were given on a calendar year. He stated that the money requested would carry the department through 1974. Mr. Evans asked how many people were employed, and Mr. Gagnon explained that there were six employees. Mr. Evans wondered about the money requested for motor equipment, and Mr. Gagnon indicated that a small passenger van was requested because of the many programs the Youth Services Bureau is involved in, such as field trips, etc. He referred to Mrs. Wlodarski's statement and indicated that he shared her concern. He stated that the dollars used for the Youth Services Bureau were the taxpayers' dollars, and he was one of those taxpayers. He indicated that the taxpayers' money had gone to Washington and was now being given back to the community in various programs. Mrs. Frederick Mutzl, Board of Directors of the St. Joseph County Fair Tax Association, stated that revenue sharing was to be originally used for reducing the proper taxes. Chairman Newburn indicated that the funds were being used for general improvement. Mrs. Mutzl wondered about referrals to various agencies of the juveniles. She mentioned that there alre were Boy Scouts, Girl Scouts, YMCA, etc. She felt this was a duplication of services of the many services that are already available to and for the youth. Mrs. Wlodarski did not feel the elderly were looking for programs of this type. They were only looking for relief for themselves. Council Serge referred to the statement made by Mrs. Wlodarski. He stated that a meeting had been held regarding the sewage system on Riverside Drive, and the residents had chosen not to have the servic made available even though the city would be willing to pay half the assessment. Mrs. Wlodarski again mentioned the elderly, at which time Chairman Newburn ruled for order. He asked that those speaking limit their remarks to the ordinance being considered. Councilman Serge stated that he was pleased with the STEP Program as well as the Youth.Services Bureau. He mentioned that the STEP Program was self - supporting. Councilman Kopczynski stated that the total annual budget was $73,000 and Mr. Gagnon indicated that that was for a 12 -month period. Councilman Kopczynski wondered what percentage of the youth was from the City of South Bend. Mr. Gagnon indicated that approximately 950 of the youth were from the city. He stated that, after discussing this matter in caucus with the Council, he had checked into the matter, and the youth served that do not live in the city are only 50. Of that 50, the majority reside in St. Joseph County. Councilman Kopczynski wondered if any other governmental units had been approached for funding of the program other than the City of South Bend. Mr. Gagnon indicated that he had contacted the City of Mishawaka and St. Joseph County He stated that Mishawaka has established a steering committee for a similar program. A board meeting was held in the fall, and it was proposed that the Youth Services Bureau be more of a count program than a city program. He had asked for a meeting with the County Commissioners and had not received a response. Councilman Kopczynski asked how many cities utilized this type of program, and Mr. Gagnon answered that there were about 15 cities in Indiana. Councilman Kopczynski asked Mr Gagnon if he knew how long the city would be receiving revenue sharing funds. He wondered if the program was going to be put on the property tax rolls. Mr. Gagnon hoped it could be accomplished because he was aware that revenue sharing would be discontinued in the future. Councilman Kopczyns wondered how many programs within the city were started on federal grants and then revenue sharing funds were used. He wondered how many would end up on the tax rolls. Mr. William Hojnacki, Director of the Department of Human Resources and Economic Development, stated that the Drug Treatm Center Program hopefully would be taken over by a federal grant of the Mental Health Center. Councilman Kopczynski wondered what these programs would cost in the future to the city. Mr. Hojna stated that it was the administration's judgment that the Youth Services Bureau provides a necessar and important function. It was anticipated that, for 1975, the program could be continued in some way. He stated that the program probably should be funded on a larger geographical basis than just the City of South Bend. He indicated that it might be possible the Youth Services Bureau would have to come back to the Council for funding if funding was not available from another source. Councilman Kopczynski wondered about the prime reason for the juvenile delinquency within the city. Mr. Gagnon felt that, if the parents did their jobs, there would be no need for the bureau. He stated that the bureau was stepping in where other agencies and persons have failed. Councilman Kopczynski asked about what was being done about the cause of the problem, and Mr. Gagnon stated that the bureau was working with the parents and was able to get closer to parents because of the W s i t ki COMMITTEE OF THE WHOLE MEETING (CONTINUED) informality. Councilman Kopczynski stated that the police have done this type of work. He wondered how many policemen would be alleviated from their work because of the Youth Services Bureau now doing work with the juveniles. Mr. Gagnon felt no officers could be alleviated. He reminded Councilman Kopczynski that the bureau deals with the youth that have not yet come in con- tact with the police, as well as those who have. Council President Nemeth wondered about the employees involved. He questioned the travel expense of $2,440. He also wondered about other contractual services and motor equipment. Mr. Gagnon stated that it was recommended by the fiscal personnel that the present form of the ordinance would be more workable. He explained that $31,334 was for salaries for six people for eight months. The highest salary per annum was $8,500 and the lowest was $6,800. He talked about travel expenses and the amount of mileage turned in. Councilma. Kopczynski wondered why that was not included in car allowance rather than travel expense. Mr. Gagnon stated that $250 per person was included in the travel expense account for out -of -town meetings. He indicated that the budget committee of the bureau had approved the budget. He explained that the amount in the contractual services account was a lump sum for postage, printing, telephone, service of a copying machine, etc. He stated that the amount in motor equipment would be for purchase of a van. Councilman Kopczynski asked who would be in charge of the van, and Mr. Gagnon indicated that he would be in charge. He stated that the bureau had an old van last year and he had checked the mileage and all the information was logged and each mile accounted for. He stated that the van would be used only for transportation of the youth to various outings, activities, etc. Councilman Parent felt that all the budgets from revenue sharing funds should be submitted in more detail. He felt that there should be more of an effort made of funding from other sources, such as United Way. He expressed support of the ordinance and felt the agency was needed in the community. Councilman Miller felt the program was worthwhile. He also expressed support of the program and the inclusion of the program in the budget even if it eliminated a few police offi because he felt it definitely helped prevent crime. Councilman Szymkowiak talked about the truant officers in the past and restrictions placed on the youth. He felt that, in years past, there had not been such a problem with the youth. He wondered if the Boy Scout program was declining in the community, and he stated that parks, pools and playgrounds are available to the youth. He wondered whose responsibility it was to discipline the youth. He felt the School Corporation shared the responsibility with the parents, and he stated that he did not feel the revenue sharing appropria- tion for the program was necessary. Councilman Taylor felt the program was a test program and he would support the program on a revenue sharing basis. If the program was ever put on the tax rate, he felt total evaluation would have to be made. Mr. Gagnon totally agreed with Councilman Taylor. He felt it was a shame that the City Council was willing to appropriate funds and other governmental bodies were not. Councilman Kopczynski asked about Mr. Gagnon's salary, and he indicated that he received $14,000. (Councilman Parent 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. Recessed at 9:45 p.m. ATTES CITY CLERK (REGULAR MEETING - RECONVENED CHAITMAN Be it remembered that the regular meeting of the Common Council of the City of South Bend, Indiana, reconvened in the Council Chambers at 9:56 p.m., Council President Nemeth presiding and nine member present. IREPORTS 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 March 25, 1974, special meeting of the Council and found them correct. They, therefore, recommend that the same be approved. s/ Peter J. Nemeth Councilman Taylor made a motion that the report be accepted as read and placed on file and the minutes be approved, seconded by Councilman Kopczynski. 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 March 25, 1974, regular meeting of the Council. and found them correct. They, therefore, recommend that the same be approved. s/ Peter J. Nemeth Councilman Taylor made a motion that the report be accepted as read and placed on file and the minutes be approved, seconded by Councilman Kopczynski. 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 Who] seconded by Councilman Taylor. The motion carried by a roll call vote of nine ayes (Councilmen Sez Szymkowiak, Miller,-Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). REGULAR MEETING APRIL 8 1974 REGULAR MEETING - RECONVENED (CONTINUED) REPORT FROM THE COMMITTEE ON ORDINANCES To the Common Council of the City of South Bend: Your committee on Ordinances to whom was referred an ordinance amending and supplementing Chapter 21 of the Municipal Code of South Bend, Indiana (Southwest corner of South Michigan and Chippewa), respectfully reports that it has examined the matter and recommends: 1. That the ordinance be stricken from the Council files; 2. That a method or procedure be established governing the purchase of property by the City of South Bend; and 3. That a committee be formed to investigate the circumstances surrounding the purchase by the city of certain property from the Estate of Estelle Cover in the sum of $50,000; for the following reasons: 1. That the Council does not want to participate in a transaction involving constructive fraud and upon the advice of legal counsel whose opinion is attached hereto, made a part hereof and marked "Exhibit A "; 2. That the city should not purchase property indiscriminately without regard to the actual value of the property. A system should be set up requiring the obtaining of valid appraisals and Common Council approval for purchases of real estate in excess of $5,000; and 3. That, in view of the fact that the Letter of Understanding attached hereto, made a part hereof and marked "EXHIBIT B ", entered into by the Board of Works for the purchase of .382 acres of property located at the southwest corner of Michigan and Chippewa in the City of South Bend for the sum of $50,000 and commercial rezoning is tainted with constructive fraud; that the value of the entire 6.32 acre tract was appraised for residential purposes in the sum of $85,000 (see Personal Representatives'Inventory and Appraisement which is attached hereto, made a part hereof and marked "EXHIBIT C "); that certain inter - office memos from the Bureau of Traffic and Lighting dated August 25, 1972, and September 15, 1972, a letter from Richard Muessel dated September 15,1972 and a letter dated July 13, 1972, which are all attached hereto, made a part hereof and marked "EXHIBIT D ", indicate varying prices of the property and are not clear as to how the purchase price was arrived at; and that the appraisal of Ralph C. Michaels dated August 3, 1972, which is attached hereto, made a part hereof and marked "EXHIBIT E ", indicates varying appraisals depending on zoning and which also indicates that the taking of the frontage by the city "completely removes all possibility of commercial potential from this property ", the committee believes that an investigation should be made of the entire transaction. Peter J. Nemeth Chairman Councilman Taylor made a motion to accept the report and place it on file, seconded by Councilman Kopczynski. The motion carried. (A motion was later made by Councilman Newburn, seconded by Councilman Taylor, to strike the ordinance from the files, and carried.) Mr. James Roemer, City Attorney, stated that the ordinance would be withdrawn. Council President Nemeth stated that the Council was making no judgment as to the merits of the ordinance, only the manner in which it was handled. Mr. Roemer stated that it was felt the First Bank and Trust Company should present the rezoning to the city. Council President Nemeth then announced the formation of a special committee on Governmental Procedure; Councilman Parent serving as chairman, with Councilmen Kopczynski and Miller as members. REPORT FROM THE DIRECTOR OF THE DEPARTMENT OF PUBLIC PARKS Mr. James Seitz, Director of the Department of Public Parks, made his quarterly presentation to the Council. He stated that the department has increased the acreage of park land during the last quarter by the acquisition of 29 acres on Edison Road and 34.65 acres in Belleville Gardens. Pre- liminary plans were being developed; however, no funds were available at the present time. The department was also planning to purchase approximately 8 acres of land in the southeast section of the city although no funds were available at the present time. Mr. Seitz briefly talked about the department's plans to float a 1.5 million dollar bond issue in conjunction with the Civic Center and implementation of Phase I of the master plan for Potawatomi Zoo; discussions had with interest citizens on the problems at the King Recreation Center; the opening of the city's three golf courses on March 13; the opening of the Leeper Park Tennis Courts; construction on the Nature and Senior Citizens Center at Rum Village Park; the lighting contract for Boland, O'Brien and Harrison Parks. Mr. Seitz mentioned that another incident of cutting the light poles had occurred at O'Brien Park. He further mentioned his concern about purchasing materials and supplies for the operation of the Park Department with the rising costs of materials and delivery times being unpredictable. He talked about the care and maintenance of trees in the area between the property line and curb line on each side of public streets and referred to Chapter 19 of the Municipal Code which stated that the area was under the jurisdiction of the Board of Park Commissioners but that the owner of real estate in front of the area is responsible for the care of the area. He stated that many of the trees,in this area were in need of pruning or removal and it was a difficult job REGULAR MEETING APRIL 8, 1974 11 1 IREGULAR MEETING - RECONVENED (CONTINUED) to see that the work is carried out by the property owners. He mentioned that, if the job was to be done by the Park Department, he estimated that it would take a budget of $200,000 to establish forestry department to properly maintain the trees in the tree lawn area. He stated that, in the meantime, the Park Department would do the best job possible and hoped the citizens would comply with the department's orders to remove or trim the trees in the tree lawn area. Councilman Serge referred to the incident of the light pole damage at O'Brien and Boland Parks. H recommended that a reward be offered regarding information about the vandals. Mr. Seitz indicated that this possibility had been discussed. He asked that, if the citizens hear anything unusual in the park areas, they should contact the Police Department. Councilman Kopczynski suggested that the poles be sheeted with steel at least 12 feet high, and Council President Nemeth felt this was a serious concern and indicated that perhaps, if need be, the lights should not be used. He thank Mr. Seitz for his presentation. Councilman Newburn made a motion to strike the rezoning ordinance for the southwest corner of Chippewa and Michigan from the Council's files in accordance with the report of the Ordinance Committee, seconded by Councilman Taylor. The motion carried. (ORDINANCES, SECOND READING ORDINANCE NO. 5650 -74 AN ORDINANCE AMENDING CHAPTER 20, VEHICLES AND TRAFFIC, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA. This ordinance had second reading. Councilman Taylor made a motion to amend the ordinance as amended in the Committee of the Whole portion of the meeting, seconded by Councilman Horvath. The motion carried. Councilman Taylor then made a motion that the ordinance pass, as amended, seconde by Councilman Parent. The ordinance passed by a roll call vote of seven ayes (Councilmen Serge, Miller, Parent, Taylor, Horvath, Newburn and Nemeth) and two nays (Councilmen Szymkowiak and Kopczynski) . 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) - 2503 Linden Avenue. and 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) - 2519 Linden Avenue. Councilman Taylor made a motion to table the rezoning ordinances because of the unfavorable report received from the Area Plan Commission and because the owner of the property had not signed the petition. Also, that the Area Plan Commission had indicated that it was considering rezoning the entire neighborhood to the same classification. Councilman Miller seconded the motion. The motio carried. ORDINANCE NO. 5651 -74 AN ORDINANCE REGULATING SALARIES PAID TO CITY OFFICIALS AND EMPLOYEES. L� aQ. aa, i4-?4 a motion to amend the or i.nance as seconded by Councilman Taylor. The ordinance pass, as amended, seconder vote of six ayes (Councilmen three nays (Councilmen Serge, Horvai This ordinance had second reading. Councilman Kopczynski made amended in the Committee of the Whole portion of the meeting, motion carried. Councilman Miller then made a motion that the by Councilman Kopczynski. The ordinance passed by a roll call Szymkowiak, Miller, Parent, Taylor, Kopczynski and Nemeth) and and Newburn). ORDINANCE NO. 5652 -74 AN ORDINANCE APPROPRIATING $46,126.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC SAFETY PRO- GRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC SAFETY. This ordinance had second reading. Councilman Newburn made a motion that the ordinance pass, seconded by Councilman Serge. The ordinance passed by a roll call vote of eight ayes (Councilmen Serge, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth) and one nay (Councilman Szymkowiak) . RESOLUTIONS RESOLUTION NO. 410 -74 A RESOLUTION FINDING AND ADJUDGING THAT THE FINANCING OF FACILITIES FOR GENERAL SHEET METAL, 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 REGULAR MEETING APRIL 8 1974 REGULAR MEETING - RECONVENED (CONTINUED) RESOLUTION NO. 410 -74 (CONTINUED) 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, General Sheet Metal, Inc. 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 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 February 15, 1974, after giving the required notice as provided for in Section 17of 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 limit.ed'.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 General Sheet Metal, 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 General Sheet Metal, 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 Councilman A public hearing was held on the resolution at this time. Mr. Kenneth Fedder, Attorney for the South Bend Development Commission, stated that the commission had approved the financing for General Sheet Metal on February 15, 1974, and he introduced Mr. Roger Gay, the attorney repre- senting the corporation. Mr. Gay explained that the amount of the bond was $35,000 in order to improve the facilities of General Sheet Metal at the corner of Calvert and Main. He stated that General Sheet Metal was a small family corporation about 50 years old and employed 14 men. An additional 5 men would be hired. The corporation primarily makes accessories for wheel horse companies, and a commitment for the amount of the bond has been received. Mrs. Janet Allen, 125 West Marion Street, wondered about the setup of the Economic Development loan organization. She stated that the funds have already been expended by the city toward the improvement of certain areas. Council President Nemeth stated that the bond for General Sheet Metal had nothing to do with the Industrial Park that Mrs. Allen was referring to. Mrs. Allen apologized; however, she wondered about the organizations being given low -cost loans. Mr. Fedder explained that the Development Commission had been changed from the Economic Development Commissi and was the only commission authorized to provide low -cost loans. He indicated that the city is not obligated and no hardship is created. Councilman Taylor made a motion to adopt the resolution, seconded by Councilman Kopczynski. The resolution passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). RESOLUTION NO. 411 -74 A RESOLUTION FINDING AND ADJUDGING THAT THE FINANCING OF FACILITIES FOR EUGENE C. MUTA BY THE ISSUANCE BY THE CITY OF SOUTH BEND, INDIANA, OF ITS ECONOMIC DEVELOPMENT REVENUE BONDS PERTAINING TO SUCH FACILITIES FOR SUCH ENTITY WILL BE OF BENEFIT TO THE HEALTH OR WELFARE OF THIS MUNICIPALITY, AND APPROVING THE FINANCING THEREFOR. WHEREAS, the Common Council of the City of South Bend, Indiana, heretofore has created the South Bend Development Commission, hereinafter referred to as "Commission ", pursuant to the provisions of the Municipal Economic Development Act of 1965, as amended, supplemented or added to, including but not limited to the amendments, supplements or additions of IC -1973, 18- 6 -4.5, or any other amendments, supplements or additions thereto, hereinafter referred to as the "Act "; and WHEREAS, Eugene C. Muia 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 has prepared and placed on file a report containing the subject matter as specified in Section 16 of IC -1973, 18 -6 -4.5 REGULAR MEETING APRIL 80 1974 IIREGULAR MEETING - RECONVENED (CONTINUED) IRESOLUTION NO. 411 -74 (CONTINUED) 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 March 8, 1974, 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 Eugene C. Muia 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 Eugene C. Muia 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 Councilman A public hearing was held on the resolution at this time. Mr. Kenneth Fedder, Attorney for the South Bend Development Commission, stated that the commission had approved the financing, and he introduced Mr. Warren McGill. Mr. McGill stated that the amount of the bond was $125,000, and it would follow the conventional form. Councilman Serge made a motion to adopt the resolution, seconded by Councilman Parent. The resolu- tion passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). RESOLUTION NO. 412 -74 A RESOLUTION FINDING AND ADJUDGING THAT THE FINANCING OF FACILITIES FOR NATIONAL COMPUTING CORPORATION 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, National Computing Corporation 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 develop- ment 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 March 29, 1974, 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 National Computing Corporation 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 National Computing Corporation under the Act be and the same is hereby approved. REGULAR MEETING APRIL 8 1974 IIREGULAR MEETING - RECONVENED (CONTINUED) 11RESOLUTION NO. 412 -74 (CONTINUED) Section 2. This resolution shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. s/ Peter J. Nemeth Councilman A public hearing was held on the resolution at this time. Mr. Kenneth Fedder, Attorney for the South Bend Development Commission, introduced. Mr. Richard Bonewitz, the attorney representing National Computing Corporation. No questions were asked of Mr. Bonewitz. Mr. Fedder concluded that the amount of the bond was $700,000 and construction would be in the Airport Industrial Park, Phase II. Councilman Parent made a motion to adopt resolution passed by a roll call vote of Taylor, Kopczynski, Horvath, Newburn and Mr. Joseph Guentert, 1034 Foster the low -cost loans failed to meet the bondholder would be the bank. that the property remains on the appointed to supervise the bond. could be involved is if the bank IRRESOLUTION There being no one motion to continue motion carried. the resolution, seconded by Councilman Taylor. The nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Nemeth) . Street, wondered what would happen if the corporations receiving the bond issue. Mr. Fedder indicated that the only recourse to He stated that there was no liability to the city. He stated tax rolls and is deeded to the city as security, and a trustee is Council President Nemeth indicated that the only way the city failed and the matter would then be handled similar to a reposses A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CREDITING ELIZABETH SWEITZER WITH 9 YEARS AND 3 MONTHS OF PUBLIC SERVICE WITH THE SOUTH BEND WATER WORKS. present to make the presentation on the resolution, Councilman Parent made a the resolution to the April 22nd meeting, seconded by Councilman Taylor. The IIORDINANCES, FIRST READING IIORDINANCE NO. 5653 -74 AN ORDINANCE APPROVING THE .FORM AND TERMS OF LEASE AND TRUST INDENTURE AND ECONOMIC DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO GENERAL SHEET METAL, INC. This ordinance had first reading. Councilman Kopczynski 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). This ordinance then had second reading. Councilman Kopczynski made a motion to amend the ordinance on page 2 to change the date of March 25, 1974, to April 8, 1974, in accordance with the recommendation of Mr. Fedder. Councilman Taylor seconded the motion. The motion carried. Councilman Serge 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). 1IORDINANCE NO. 5654 -74 AN ORDINANCE APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE AND ECONOMIC DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO EUGENE C. MUTA. This ordinance had first reading. Councilman Parent made a motion to suspend the rules and take action on the ordinance, 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). This ordinance then had second reading. Councilman Taylor 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 Nemet IIORDINANCE NO. 5655 -74 AN ORDINANCE APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE AND ECONOMIC DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO NATIONAL COMPUTING CORPORATION. This ordinance had first reading. Councilman Kopczynski made a motion to suspend the rules -and to action on the ordinance, 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). This ordinance then had second reading. Councilman Taylor made a motion that the ordina 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). IInRIIINANCF AN ORDINANCE AMENDING CHAPTER 20, VEHICLES AND TRAFFIC, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA (trucks and buses). This ordinance had first reading. Councilman Taylor made a motion that the ordinance be set for public hearing and second reading on April 22, 1974, at 7:00 p.m., seconded by Councilman Kopczy The motion carried. n. REGULAR MEETING APRIL R. .197 REGULAR MEETING - RECONVENED (CONTINUED) ORDINANCE AN ORDINANCE APPROPRIATING $37,500.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC WORKS PRO- GRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC WORKS. This ordinance had first reading. Councilman Taylor made a motion that the ordinance be set for public hearing and second reading on April 22, 1974, at 7:00 p.m., seconded by Councilman Kopczynski. The motion carried. PRIVILEGE OF THE FLOOR Mr. Charles Howell, President of Builders United Enterprises, requested that the Council take acti on the two rezonings for property located at 2503 and 2519 Linden Avenue. He stated that only one of the two sites for rezoning was needed at present, even though it was anticipated the whole area would be rezoned. He stated that he had a deadline to meet on the construction of the homes. Council President Nemeth stated that, according to the Area Plan Commission, the owner of the property had not signed the petition and another ordinance would be submitted to the Council requesting rezoning of the whole area. He stated that, for these reasons, the rezoning requests were tabled. Mr. Joseph Guentert, 1034 Foster Street, referred to an article which appeared in the South Bend Tribune regarding agreement of the court suit of the Gilmer Park residents and the annexation to the City of South Bend. He stated that one of the matters agreed upon was that the busing of the school children would continue. He felt this was a part of the School Corporation and that sectio of the agreement was null and void. He wondered who had entered into the agreement on behalf of the city with the Gilmer Park residents. Mr. James Roemer, City Attorney, stated that the School Corporation was contacted and asked if it would make a difference if the area was within the city limits. He indicated that Mr. Joseph Roper, the attorney representing the Gilmer Park residents, had met with the residents regarding the proposed agreement. Mr. Guentert stated that Mr. Roper had made the remark about the busing on the basis of someone contacting the School Corporation, an Mr. Roemer indicated that that was correct. Mr. Guentert felt this was a matter to be handled by the Board of School Trustees. Council President Nemeth indicated that the Council has no authorit over the School Corporation, and he stated that there was no contract at the present time regardin the matter. He requested Mr. Roemer to check into the matter. Mrs. Janet Allen, 125 West Marion Street, felt the Council should set up a revolving fund to receive monies from the Industrial Park. She hoped the Council would consider that suggestion. Council President Nemeth reminded Mrs. Allen that, with the addition of these firms to the Industrii Park, the employment situation was being helped. Mr. David Wells, Manager of the Bureau of Design and Administration, stated that 500 of the money has been received back already because of the grants. UNFINISHED BUSINESS Council President Nemeth explained that, regarding the rezoning of property at the corner of Georg and Osborne Streets, which was passed by the Council on February 25, 1974, as amended, and vetoed by the Mayor on March 7, 1974, another vote of the Council was needed according to the statutes because the Area Plan Commission had maintained their original unfavorable recommendation. Mrs. Glenda Ray Hernandez, 702 East South Street, stated that the zoning change would allow erection of a billboard. She indicated that the Council had voted in favor of the ordinance even though the Area Plan Commission had recommended unfavorably and the residents were opposed to the rezoning and the Mayor had vetoed the ordinance. She requested that, in view of the opposition to the rezoning, the Council reconsider the matter and vote against the ordinance. Councilman Newburn indicated that he had received many calls regarding his "aye" vote on the rezoning. He stated thal he wanted to explain his reason for voting that way. He indicated that the particular bank that h< petitioned for the erection of the sign had secured many loans for black persons seeking employment in the area. He stated that the bank was willing to remove the sign whenever the Council desired. He indicated that there might be a housing program in that area some day and a financial backer would be needed. He felt there would be no problem in rezoning the area at a future date, and he stated that he felt he was representing the minority groups by voting in favor of the rezoning. Councilman Parent stated that he had voted against the ordinance because the sign was going into a residential area and because the ordinance was a conditional ordinance. He urged the Council not vote in favor of the ordinance. Councilman Miller made a motion that the ordinance pass, as amend( seconded by Councilman Kopczynski. The ordinance passed by a roll call vote of seven ayes , (Councilmen Serge, Szymkowiak, Miller, Kopczynski, Horvath, Newburn and Nemeth) and two nays (Councilmen Parent and Taylor). Council President Nemeth explained that, regarding the rezoning of property located at 2017 West Dubail, which was passed by the Council on November 13, 1973, as amended, and vetoed by the Mayor on November 23, 1973, another vote of the Council was needed according to the statutes because the Area Plan Commission had maintained their original unfavorable recommendation. Councilman Kopczynski made a motion that the ordinance pass, as amended, seconded by Councilman Szymkowiak. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Paren Taylor, Kopczynski, Horvath, Newburn and Nemeth). There being no further business to come before the Council, unfinished or new, Councilman Taylor made a motion that the meeting be adjourned, seconded by Councilman Kopczynski. The motion carri and the meeting adjourned at 10:55 p.m. ATTEST: A . CITY CLERK ++++++++++++++++++.....++++++++++++++++++++++++++++++++++++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++