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HomeMy WebLinkAbout04-22-74 Council Meeting MinutesREGULAR MEETING APRIL 22, 1974 IIREGULAR MEETING APRIL 22, 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 22, 1974, at 7:10 p.m., Council President Peter J. Nemeth presiding. The meeting was called to order and the Pledge to the Flag was given. II ROLL CALL PRESENT: Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth. ABSENT: None. (Councilman Horvath made a motion to resolve into the Committee of the Whole, seconded by Councilma Taylor. The motion carried. IICOMMITTEE 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 22, 1974, at 7:11 p.m., with nine members present. Chairman Odell Newburn presided. 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 being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Rollin Farrand, Director of the Department of Public Works, made the presentation for the ordinance. He explained that the request for funds would cover the engineering contract with Lawson Associates for the inspection and design work required for the dewatering and repair of the dam and the Tainter Gates. He indicated that the Board of Public Works has approved the contract subject to approval of the Council for the necessar funds. He stated that desilting plans would be prepared and a detailed inspection of the dam would be conducted, and an effort would be made to seek a loan, if needed, with the Department of Natural Resources. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, asked if bids had been take for the engineering work, and Mr. Farrand stated that this matter was strictly an engineering ser- vice for which there was no bid procedure. Mr. Evans asked if the dam was in need of repair, and Mr. Farrand stated that there were repairs required and it had been established this was a city requirement. He indicated that, if the city failed to repair the dam and the dam failed, the city would be responsible for the damages. (Councilman Szymkowiak made a motion that the ordinance go to the Council as favorable, seconded by Councilman Serge. The motion carried. II ORDINANCE AN ORDINANCE AMENDING CHAPTER 20, VEHICLES AND TRAFFIC, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA (trucks and buses). Councilman Parent indicated that the sponsor of the proposed ordinance had requested the Council t refer the matter to committee. He, therefore, made a motion that the ordinance be referred to the Public Safety Committee, seconded by Councilman Taylor. The motion carried. There being no further business to come before the Committee of the Whole, Councilman Horvath made a motion to rise and report to the Council, seconded by Councilman Taylor. The motion carried. ATTEST: ATTES ' CITY CLERK CHAI N IIREGULAR MEETING - RECONVENED Be it remembered that the regular meeting of the Common Council of the City of South Bend, Indiana, reconvened in the Council Chambers at 7:15 p.m., Council President Nemeth presiding and nine member present. 11REPORT 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 April 8, 1974, regular meeting of the Council and found them correct. They, therefore, recommend that the same be approved. s/ Peter J. Nemeth I lCouncilman Newburn made a motion that the report be accepted as read and placed on file and the minutes be approved, seconded by Councilman Taylor. The motion carried. IIREPORT FROM THE COMMITTEE OF THE WHOLE Councilman Taylor made a motion to waive the reading of the report of the Committee of the Whole, seconded by Councilman Kopczynski. The motion carried by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). REGULAR MEETING APRIL 22, 1974 REGULAR MEETING - RECONVENED (CONTINUED) REPORTS FROM AREA PLAN COMMISSION The Honorable Common Council City of South Bend County -City Building South Bend, Indiana 46601 April 17, 1974 In Re: A proposed ordinance and site development plan of Hudson D. and Dorothy M. Firestone to zone from "A" Residential, "A" Height and Area, to "E" Light Industrial, "A" Height and Area, property located at 4201 South Main Street, City of South Bend. Gentlemen: The attached petition of Hudson D. and Dorothy M. Firestone was legally advertised April 6, 1974, and April 13, 1974. The Area Plan Commission gave it a public hearing on April 16, 1974, at which time the following action was taken: "A motion by Robert Lehman was seconded by Joseph Bajdek to favorably recommend the petition of Hudson D. and Dorothy M. Firestone to zone from "A" Residential, "A" Height and Area, to "E" Light Industrial, "A" Height and Area, property located at 4201 South Main Street, City of South Bend, subject to a final site plan. The Area Plan Commission finds this to be a transitional area with many sites going from residential to commercial, much of the property is being converted to parking lots for commercial sites and the Land Use Plan identifies this location for non - residential uses. Mr. Lehman's motion was then carried unanimously." The above recommendation is made subject to a final site plan and the preliminary site plan is attached hereto. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes and will be forwarded to you at a later date to be made a part of this report. RSJ /ch cc: Hudson D. Firestone The Honorable Common Council City of South Bend County -City Building South Bend, Indiana 46601 Very truly yours, s/ Richard S. Johnson Executive Director * * * * * * * * * * April 17, 1974 In Re: A proposed ordinance and site development plan of Place and Company, Inc. to zone from "A -2" Planned Residential Development, to "A" Residential, "A" Height and Area, property located at and bounded on the east by Ironwood Drive, on the north by the South Bend City Water Works and other property and on the west and south by sections of Scottsdale Addition, City of South Bend. Gentlemen: The attached rezoning petition of Place and Company, Inc. was legally advertised April 6, 1974, and April 13, 1974. The Area Plan Commission gave it a public hearing on April 16, 1974, at which time the following action was taken: "A motion by Joseph Bajdek was seconded by Joseph Simeri to favorably recommend the petition of Place and Company, Inc. to zone from "A -2" Planned Residential Development, to "A" Residential, "A" Height and Area, property located at and bounded on the east by Ironwood Drive, on the north by the South Bend City Water Works and other property and on the west and south by sections of Scottsdale Addition, City of South Bend. The Area Plan Commission finds this proposal to be consistent with the Land Use Plan and is a logical extension of the zoning in that area. Mr. Bajdek's motion was then carried unanimously." The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of that public hearing and will be for- warded to you at a later date to be made a part of this report. RSJ /ch cc: Place and Company, Inc. Joseph A. Roper Raymond Lang Very truly yours, s/ Richard S. Johnson Executive Director REGULAR MRPTINQ APRIL 22, 1974 IIREGULAR MEETING - RECONVENED (CONTINUED) The Honorable Common Council April 17, 1974 City of South Bend County -City Building South Bend, Indiana 46601 In Re: A proposed ordinance initiated by the Area Plan Commission to zone from "D" Light Industrial, "C" Height and Area, to "B" Residential, "A" Height and Area, Lots 5 through 16, and Lots 37 through 48 of Kaley's 1st Subdivision. This property is commonly described as being located on the north and south sides of Linden Avenue from Meade Street to the north -south alley between Fremont and Olive, City of South Bend. Gentlemen: The attached rezoning petition initiated by the Area Plan Commission was legally advertised April 6, 1974, and April 13, 1974. The Area Plan Commission gave it a public hearing on April 16, 1974, at which time the following action was taken: "A motion by Robert Lehman was seconded by Joseph Simeri to favorably recommend the ordinance initiated by the Area Plan.Commission to zone from "D" Light Industrial, "C" Height and Area, to "B" Residential, "A" Height and Area, Lots 5 through 16, and Lots 37 through 48 of Kaley's lst Subdivision commonly described as being located on the north and south sides of Linden Avenue from Meade Street to the north -south alley between Fremont and Olive, City of South Bend. The Area Plan Commission finds that the entire area should be rezoned to residential in conformance with the Comprehensive Plan of the Model Neighborhood and the Land Use Plan of the City of South Bend. Mr. Lehman's motion was then carried unanimously." The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of that public hearing and will be for- warded to you at a later date to be made a part of this report. Very truly yours, s/ Richard S. Johnson RSJ /ch Executive Director cc: Hollis Hughes I lCouncilman Newburn made a motion to set the ordinances referred to in the reports for public hearing and second reading on May 13, 1974, seconded by Councilman Taylor. The motion carried. IIREPORT FROM THE DIRECTOR OF THE DEPARTMENT OF LAW Mr. James Roemer, Director of the Department of Law, gave his quarterly report to the Council. He indicated that he wished to speak on the procedure involved in the application of the industrial development bonds. He presented a flow chart to the Council and referred to cartoon drawings. He indicated that eight steps are involved, and they included the corporation's decision to locate or expand in the community; the bank's financing of the industrial development bonds; the attorney's preparation of all documents pertaining to the application for the bond; the approval needed by the Industrial Development Commission; the approval of a resolution and ordinance by the Common Council; the mayor's signing of the bond, trust indenture and lease agreement; the purchase by the bank of the bond; and the benefits received by the corporation in the financing of the new plant o addition at a lower net cost as a result of the bond. Mr. Roemer stated that one million dollars was the maximum amount for the normal industrial development bond application, but a maximum of five million dollars was allowed if specific requirements were met. He briefly explained the thre documents involved: the bond, trust indenture and lease agreement and option to purchase. He con cluded his presentation by indicating that, although the property was normally in the name of the city, it was entered on the tax rolls and was fully taxable to the corporation for property tax purposes, and the city in turn received property tax revenues from the new project. Council President Nemeth thanked Mr. Roemer for his. presentation. Councilman Kopczynski asked Mr. Roemer about the city's policy on paying claims to victims of accidents or property damages caused by employees of the city. Mr. Roemer indicated that the city carried personal injury insurance and a deductible of $1,000, and property damage insurance with a deductible of $250. He stated that all claims were investigated by the insurance carrier, Etna Insurance. He indicated that, if $5,000 was paid for personal injury, a form was submitted to the Legal Department indicating expenses and reasons for allowing the claim. Councilman Kopczynski wondered if this was done on the facts received from the insurance company or if the victim had to sue the city to collect his damages. Mr. Roemer stated that the company might decide the claim should be paid without litigation; however, in some instances, the claim might be questioned. He indicated that this procedure was basically the same as a homeowner's policy or automobile insuranc coverage. IIORDINANCES, SECOND READING IIORDINANCE NO. 5656 -74 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 second reading. Councilman Serge made a motion that the ordinance pass, sec 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). REGULAR MEETING APRIL Z24_1974 REGULAR MEETING - RECONVENED (CONTINUED) ORDINANCE AN ORDINANCE AMENDING CHAPTER 20, VEHICLES AND TRAFFIC, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA (trucks and buses). Councilman Kopczynski made a motion that the ordinance be referred to the Public Safety Committee, seconded by Councilman Taylor. The motion carried. RESOLUTIONS RESOLUTION NO. 413 -74 WHEREAS, the Sweitzer has served Bend Water Works. 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. Common Council of the City of South Bend recognizes that Elizabeth continuously from April 1, 1942, to December 31, 1951, in the South NOW, THEREFORE, BE IT RESOLVED by the South Bend Common Council that Elizabeth Sweitzer is hereby credited with nine years and three months of service by the City of South Bend, Indiana, for pension purposes. s/ Roger 0. Parent Member ot the Common Council A public hearing was held on the resolution at this time. Mr. Walter Lantz, Deputy Controller, explained that Mrs. Sweitzer worked for the South Bend Water Works from 1942 through 1951 and has worked for the County Auditor since that time. He asked that the Council credit her with 9 years and 3 months of public service in order to make her eligible for PERF benefits. Council President Nemeth wondered why the Council was being requested to do this. Mr. Lantz stated that it was a requirement of PERF. Council President Nemeth wondered if the county was also going to pass a similar resolution, and Mr. Lantz indicated that it was. Council President Nemeth stated that, in other words, the city was merely certifying Mrs. Sweitzer's employment on an uninterrupted basis, and Mr. Lantz agreed. Councilman Horvath asked if PERF had been a deduction out of Mrs. Sweitzer' paycheck for the 9 years and 3 months, and Mr. Lantz stated that the city was not a member of PERF all that time; however, the benefits the employee receives are based on total years of service. Councilman Kopczynski asked if there was a contract with PERF stating this particular requirement, and he requested a copy. Mr. Lantz stated that he would furnish a copy of the contract. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, asked if the city was being obligate by adopting the resolution, and Mr. Lantz indicated that the city was merely certifying the number of years of employment with the Water Works. Mr. Evans wondered if the individual would receive higher pay, and Mr. Lantz indicated that she would; however, there would be no additional expense to the city. Councilman Kopczynski felt that, by this method, not every employee would be treated_ equally. He wondered what would happen should the Council decide not to approve a similar resolu- tion for another employee. He asked about the contract with PERF. Mr. Lantz stated that the pro- gram was set up like any other pension plan. The individual must have a minimum of 10 years of service with a municipal corporation in Indiana. The employees are contributing now and this goes into the retirement fund. Councilman Kopczynski asked if Mrs. Sweitzer was an employee of the county when PERF was first used, and Mr. Lantz indicated that she was. Mrs. Irene Gammon, City Clerk, wondered about the requirement that stated a six -month period of time must be made up by an employee of the county and city. She stated that this would affect many employees. Councilman Szymkowiak also wondered about the six -month requirement. Mr. Lantz stated that he was not aware of that requirement. He then talked briefly about experience rates and the percentages required t be paid by the municipality. Councilman Szymkowiak wondered if Mrs. Sweitzer would receive increa m benefits, and Mr. Lantz stated that she probably would and this would be absorbed by the total pension fund. Mr. Evans wondered if the increased pension would affect the experience rate, and Mr. Lantz indicated that it was possible. Councilman Parent made a motion to adopt the resolution, seconded by Councilman Serge. The resolu, tion was adopted by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). Council President Nemeth suggested that the Controller's Office come up with a format or procedure to handle requests of this nature in the future. RESOLUTION NO. 414 -74 A RESOLUTION FINDING AND ADJUDGING THAT THE REFINANCING OF FACILITIES FOR IRONWOOD PARTNERSHIP BY THE ISSUANCE BY THE CITY OF SOUTH BEND, INDIANA, OF ITS ECONOMIC DEVELOPMENT REVENUE BONDS PERTAINING TO SUCH FACILITIES FOR SUCH ENTITY WILL BE OF BENEFIT TO THE HEALTH OR WELFARE OF THIS MUNICIPALITY, AND APPROVING THE REFINANCING 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 P.L. 182, IC- 1973, 18- 6 -4.5, or any other amendments, supplements or additions thereto, hereinafter referred to as the "Act "; and WHEREAS, Ironwood Partnership has filed an application with the Commission to refinance the acquisition of real estate and the construction thereof of an industrial and commercial facilities which will constitute economic development facilities resulting in a substantial number of new jobs as well as other benefits; and REGULAR MEETING APRIL 22 1974 MEETING - RECONVENED (CONTINUED) RESOLUTION NO. 414 -74 (CONTINUED) WHEREAS, the City of South Bend, Indiana, has previously issued a bond to finance the project pursuant to Ordinance No. 5583 -73 in the amount of $300,000.00 but said amount is not sufficient to complete the project and it is therefore necessary to issue an additional Economic Development Revenue Bond in the amount of $350,000.00 to complete the project, and to redeem in full the previously issued bond. WHEREAS, in connection therewith the Commission has prepared and placed on file a report containing the subject matter as specified in Section 16 of P.L. 182, 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 received favorable reports from each of them; and WHEREAS, the Commission held a public hearing on the proposed refinancing of such facilities on March 8, 1974, after giving the required notice as provided for in Section 14 of P.L. 182, 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 refinancing complies with the purposes and provisions of the Act, and approved such refinancing, including, but not limited to, the forms and terms of the financing agreement consisting of the Lease Financing Agreement and Trust Indenture and the Bond; and WHEREAS, this Common Council of the City of South Bend, Indiana, now finds that the proposed refinancing of such facilities for Ironwood Partnership will be of benefit to the health or welfare of the City of South Bend, Indiana, and that, accordingly, this resolution should be adopted. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, that: Section 1. Such refinancing for Ironwood Partnership, under the Act be and the same is hereby approved. Section 2. This resolution shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. s/ Peter J. Nemeth Councilman public hearing was held on the resolution at this time. Mr. Kenneth Fedder, Attorney for the outh Bend Development Commission, indicated that the resolution approved the refinancing for ronwood Partnership in the amount of $300,000. He stated that the issue previously passed could e refunded and a new issue set forth. He stated that Mr. Kevin Butler, the attorney representing ronwood, was present to answer any questions. He stated that the same terms and benefits would pply. Mr. Kevin Butler, 1221 St. Joseph Bank Building, indicated that the bond had been approved y the Council in the amount of $300,000, and an increase of $50,000 was requested. Council resident Nemeth wondered about the right -of -way on Ironwood Road, and Mr. Butler stated that the uilding was 30 feet from the right -of -way and the right -of -way extended 25 feet from the existing dge of the road. Council President Nemeth wondered if the house next door was part of the propert; nd Mr. Butler indicated that it was not. He indicated that two- thirds of the construction of the uilding was completed at the present time. ouncilman Serge made a motion to adopt the resolution, seconded by Councilman Miller. The esolution was adopted by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, arent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ION NO. 415 -74 A RESOLUTION FINDING AND ADJUDGING THAT THE REFINANCING OF FACILITIES FOR KOSZEGI LEATHER & VINYL PRODUCTS, INC., BY THE ISSUANCE BY THE CITY OF SOUTH BEND, INDIANA, OF ITS ECONOMIC DEVELOPMENT REVENUE BONDS PERTAINING TO SUCH FACILITIES FOR SUCH ENTITY WILL BE OF BENEFIT TO THE HEALTH OR WELFARE OF THIS MUNICIPALITY, AND APPROVING THE REFINANCING 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 P.L. 182, IC -1973, 18- 6 -4.5, or any other amendments, supplements or additions thereto, hereinafter referred to as the "Act "; and WHEREAS, Koszegi Leather & Vinyl Products, Inc., has filed an application with the Commission to refinance the acquisition of real estate and the construction thereon of an industrial and commercial facilities which will constitute economic development facilities resulting in a substantial number of new jobs as well as other benefits; and WHEREAS, the City of South Bend, Indiana, has previously issued a bond to finance the project pursuant to Ordinance No. 5495 -73 in the amount of $22 0,000.00 but said amount is not sufficient to complete the project and it is therefore necessary to issue an additional Economic Development Revenue Bond in the amount of $161,000.00 to complete the project; 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 P.L. 182, IC -1973, 18 -6 -4.5 and has forwarded copies thereof to the Chairman of -the Area Plan Commission REGULAR MEETING APRIL 22, 197A— REGULAR MEETING - RECONVENED (CONTINUED) RESOLUTION NO. 415 -74 (CONTINUED) 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 refinancing of such facilities on March 29, 1974, after giving the required notice as provided for in Section 14 of P.L. 182, 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 refinancing complies with the purposes and provisions of the Act, and approved such refinancing, including, but not limited to, the forms and terms of the financing agreement consisting of the Lease Financing Agreement and Trust Indenture and the Bond; and WHEREAS, this Common Council of the City of South Bend, Indiana, now finds that the proposed refinancing of such facilities for Koszegi Leather & Vinyl Products, 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 refinancing for Koszegi Leather & Vinyl Products, 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, indicated that an additional bond for refinancing was requested. He introduced Mr. Sopko, the attorney representing Koszegi Leather. Council President Nemeth wondered how many new employees the refinancing would affect. Mr. Sopko indicated that the original proposal would probably remain the same of 30 to 40 new employees. Councilman Newburn asked where the firm was located, and Mr. Sopko indicated that Koszegi Leather was located in the Industrial Park on South Chapin. Councilman Miller made a motion that the resolution be adopted, seconded by Councilman Taylor. T resolution was adopted by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). RESOLUTION NO. 416 -74 A RESOLUTION FINDING AND ADJUDGING THAT THE FINANCING OF FACILITIES FOR MILES DISTRIBUTING, INC., BY THE ISSUANCE BY THE CITY OF SOUTH BEND, INDIANA, OF ITS ECONOMIC DEVELOPMENT REVENUE BONDS PERTAINING TO SUCH FACILITIES FOR SUCH ENTITY WILL BE OF BENEFIT TO THE HEALTH OR WELFARE OF THIS MUNICIPALITY, AND APPROVING THE FINANCING THEREFOR. WHEREAS, the Common Council of the City of South Bend, Indiana, heretofore has created the South Bend Development Commission hereinafter referred to as "Commission ", pursuant to the provisions of the Municipal Economic Development Act of 1965, as amended, supplemented or added to, including but not limited to the amendments, supplements or additions of IC -1973, 18- 6 -4.5, or any other amendments, supplements or additions thereto, hereinafter referred to as the "Act "; and WHEREAS, Miles Distributing, Inc. has filed an application with the Commission to finance the acquisition of real estate and the construction thereon of an industrial and commercial building (facilities) which will constitute economic development facilities resulting in a substantial number of new jobs as well as other benefits; and WHEREAS, in connection therewith the Commission has prepared and placed on file a report containing the subject matter as specified in Section 16 of IC -1973, 18 -6 -4.5 and has forwarded copies thereof to the Chairman of the Area Plan Commission and to the Superintendent of the School Corporation in the area of which the facilities will be located, and has timely received favorable reports from each of them; and WHEREAS, the Commission held a public hearing on the proposed financing of such facilities on March 22, 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 Miles Distributing, 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: REGULAR MEETING APRIL 22, 1974 ( IREGULAR MEETING - RECONVENED (CONTINUED) RESOLUTION NO. 416 -74 (CONTINUED) Section 1. Such financing for Miles Distributing, 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 this was a new issue, and the Development Commission had met on March 22 and approved the financing. He introduced Mr. Robert Beutter, the attorney representing Miles Distributing. Mr. Beutter stated that the firm was to be located in the Airport Industrial Park -Phase III and was a wholesale tile distributing company. The sum of $18,000 was needed to purchase the property in the Industrial Park and the square footage would be 9,600. When finished and landscaped, the cost would be $120,000. Mr. Beutter stated that the American National Bank was the bond purchaser. Councilman Serge made a motion that the resolution be adopted, seconded by Councilman Parent. The resolution was adopted by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). IIRESOLUTION NO. 417 -74 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE EXECUTION OF AMENDATORY CONTRACT FOR NORTHEAST CODE ENFORCEMENT PROJECT, INDIANA E -3. WHEREAS, under the date of March 20, 1974, the Department of Housing and Urban Development (HUD) allocated an additional $70,000.00 as a grant to assist in the financing of the subject Code Enforcement Project; and WHEREAS, $70,000.00 of this additional grant is for relocation grants, which is 100% (per cent) reimbursable by the Department of Housing and Urban Development; and WHEREAS, HUD has tendered to the City of South Bend, Indiana, an Amendatory Contract identified as Indiana E -3 (AMT -3) to incorporate said additional grant into the original contract; NOW, THEREFORE, BE IT RESOLVED.by the Common Council of the City of South Bend, Indiana that said Amendatory Contract #3 is approved and the authority is given to the Mayor of the City of South Bend to execute said contract on behalf of the City of South Bend, Indiana and that the Executive Director of the Department of Redevelopment is hereby given authority to submit said contract of said City to HUD and to act as correspondent in all matters pertaining thereto. s/ Roger 0. Parent Member of the Common Council A public hearing was held on the resolution at this time. Mr. Charles Lennon, Director of the Department of Redevelopment, explained that the E -3 area is commonly referred to as the Northeast Side. The project itself was a $431,000 project, and a resolution was passed in 1971 stating that the city would share in the cost of the project - -a one -third share. He stated that the last relo- cation payment had been received in the amount of $70,000, and this was a strictly reimbursable type of item. Authorization was needed from the Council to sign the $70,000 contract. Councilman Miller questioned the original material presented to the Council. Mr. Lennon stated that the city' one -third share was $245,480 of which the city has already paid $176,314 from the CCIF Fund. That leaves $69,166 that the city must come up with and cannot use federal revenue sharing funds. Councilman Miller referred to Mr. Lennon's letter to Mr. Elder in 1974, and wondered why there was an overrun on the relocation items. Mr. Lennon indicated that the original costs used were merely estimates and there were additional families that were not included in the estimates. He stated that the relocation must be completed according to state law. Councilman Miller wondered on what basis the families were relocated, and Mr. Lennon stated that families were relocated if the homes were substandard and could not be brought up to standard. Councilman Miller wondered if the projec could have been ended earlier in order to avoid the overrun. Mr. Lennon stated that the local officials were not able to make that decision. Councilman Miller stated that the code enforcement project was a project administered by a department that did not come under the control of the city. Mr. Lennon stated that the Department of Redevelopment was authorized to proceed with site improve- ment work and the city was to share the cost of the project. He indicated that the project had been approved by the city. Councilman Miller felt this was good planning; however, the decisions were made outside the Council's jurisdiction. Councilman Parent disagreed with Councilman Miller. He stated that the decisions were made prior to the present Council taking office. Councilman Parent made a motion that The resolution was adopted by a roll Parent, Taylor, Kopczynski, Horvath, IIRESOLUTION NO. 418 -74 the resolution be adopted, seconded by Councilman Szymkowiak. call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Newburn and Nemeth). A RESOLUTION OF THE CITY OF SOUTH BEND APPROVING THE FILING OF A HARDSHIP AMENDATORY LOAN AND GRANT APPLICATION FOR PROJECT NUMBER INDIANA R -66. WHEREAS, under the provisions of Title I of the Housing Act of 1949, as amended, the Department of Housing and Urban Development Administrator is authorized to provide financial assistance to Local Public Agencies for undertaking and carrying out urban renewal projects; and REGULAR MEETING APRIL 22x 19Z4 REGULAR MEETING - RECONVENED (CONTINUED) RESOLUTION NO. 418 -74 (CONTINUED) WHEREAS, the City of South Bend, Department of Redevelopment (hereinafter called the "Local Public Agency "), has entered into a planning contract for financial assistance under such Act with the United States of America, acting by and through the Secretary of Housing and Urban Development, pursuant to which the Federal funds were provided for the urban renewal project (hereinafter called the "Project "), identified as "Central Downtown Project" and encompassing the area bounded by a line drawn as follows: Beginning at a point formed by the intersection of the North right -of -way line of LaSalle Avenue and the West right -of -way line of Main Street; thence South along the West right -of -way line of Main Street to the North right -of -way line of Washington Street; thence West along the North right -of -way line of Washington Street to the West right -of -way line of Lafayette Boulevard; thence South along the West right -of -way line of Lafayette Boulevard to the South right -of -way line of Jefferson Boulevard; thence East along the South right -of -way line of Jefferson Boulevard to the West right -of -way line of Main Street; thence South along the West right -of -way line of Main Street to the South right -of -way line of Monroe Street; thence East along the South right -of -way line of Monroe Street to the West right - of -way line of Fellows Street; thence South along the West right -of -way line of Fellows Street to the South right -of -way line of Monroe Street; thence East along the South right -of -way line of Monroe Street and proceeding in a Northeasterly direction along said right -of -way line to the center of the St. Joseph River; thence proceeding in a Northwesterly direction along the center of the St. Joseph River to the North right -of -way line of LaSalle Avenue; thence West along the North right -of -way line of LaSalle Avenue to the West right -of -way line of Main Street, which is the point of beginning. in the City of South Bend, State of Indiana (hereinafter called the "Locality "); and WHEREAS, the Local Public Agency has applied for additional financial assistance under such Act by the filing of a Hardship Amendatory Loan and Grant Application and proposes to enter into an additional contract or contracts with the Department of Housing and Urban Development for the undertaking of, and for making available additional financial assistance for the Project; and WHEREAS, the Local Public Agency has made detailed studies of the location, physical condition of structures, land use, environmental influences, and the social, cultural and economic conditions of the Project area and has determined that the area is a blighted area and that it is detrimental and a menace to the safety, health and welfare of the inhabitants and users thereof and of the Locality at large, because of the presence of blighted structures and the lack of adequate community improvements, and the members of this Governing Body have been fully appraised by the Local Public Agency and are aware of these facts and conditions; and WHEREAS, there has been prepared and referred to the Common Council of the Locality (hereinafter called the "Governing Body ") for review and approval of an Urban Renewal Plan for the Project area, dated November 15, 1967, and consisting of 41 pages, supported by the Final Project Report material, data and recommendations, which material, data and recommendations are not a part of the Urban Renewal Plan. WHEREAS, it is necessary that the Governing Body take appropriate official action respecting said Urban Renewal Plan for the Project, in conformity with the contracts for financial assistance between the Local Public Agency and the United States of America, acting by and through the Department of Housing and Urban Development Administrator; and WHEREAS, the Governing Body is cognizant of the conditions that are imposed in the undertaking and carrying out of urban renewal projects with Federal Financial Assistance under Title I, including those preventing discrimination because of race, color, creed or national origin; and WHEREAS, the Governing Body has heretofore duly reviewed, considered and approved the aforementioned Urban Renewal Plan for the Project by its Resolution No. 193 -68 dated and passed the 10th day of-September, 1968; and WHEREAS, the Governing Body does hereby accept and approve its findings recited in the aforementioned Resolution; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend that additional financial assistance under the provisions of Title I of the Housing Act of 1949, as amended, is necessary to enable the land in the Project area to be renewed in accordance with the Urban Renewal Plan for the Project area and, accordingly, the filing by the Local Public Agency of a Hardship Amendatory Loan and Grant Application in the amount of $25,675,262.00 for Project Number Indiana R -66 under said Title I is hereby approved. s/ Roger 0. Parent A public hearing was held on the resolution at Member of the Common Council this time. Mr. Charles Lennon, Director of the Department of Redevelopment, explained that the city has applied for the loan and grant applicatioi in order to phase out urban renewal projects by December 31, 1974. He stated that an increase was necessary to complete the project of approximately 2.4 million dollars. He requested that the resolution be amended by changing the amount from $25,539,038 to $25,675,262. He requested that REGULAR MEETING APRIL 22, 1974 MEETING - RECONVENED (CONTINUED) approval be given for land parcels, site improvements, etc. Mr. Lennon itemized the major categori $135,000 for site clearance, $902,000 for project improvements, $31,000 for pedestrian bridge, $39,000 for water and sewer, $45,000 for curbs, ramps for handicapped and sidewalks, $284,354 for the river front, $16,000 for disposition costs, $562,000 for real estate purchases, and no contin- gencies. An amount of $440,000 would be left in relocation and would be used if the lawsuits 1pending were approved. Councilman Taylor made a motion to amend the resolution by increasing the amount of $25,539,038 to !i $25,675,262, seconded by Councilman Kopczynski. The motion carried. Councilman Serge then made a motion that the resolution be adopted, seconded by Councilman Parent. The resolution was adopted by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski,) Horvath, Newburn and Nemeth). Mr. Lennon indicated that the Council had saved the city from having', to pay additional costs in LaSalle Park. IIRESOLUTION NO. 419 -74 A RESOLUTION TO APPROVE SPECIAL CONSUL- TANT AND ENGINEERING REPORTS AND STUDIES OF THE ARCHITECT'S CONTRACT FOR THE CIVIC CENTER PROJECT. WHEREAS, Ordinance No. 5639 -74, passed February 11, 1974, appropriated $497,000.00 for various Civic Center expenses and established a budget line item of $495,000.00 for Architect's Fees, Design and Special Reports; and WHEREAS, the Civic Center Authority and the Board of Public Works of the City of South Bend has approved the following special reports required by the Architect: 1. Soils Investigation - Cole Associates, Inc. $11,000.00 2. Acoustics Consultant - Robert A. Hansen Associates, Inc. 10,000.00 3. Food Facilities Consultants - Howard L. Post Associates 5,280.00 4. Survey - Clyde E. Williams & Associates 1,500.00 TOTAL $27,780.00 and WHEREAS, the Civic Center Authority and the Board of Public Works has authorized the architectural firm of Phillip Johnson and John Burgee to proceed with the above reports. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana: SECTION I. That the proposed contracts pertaining to the above in the amount of $27,780.00 approved by the Civic Center Authority and Board of Public Works, is hereby approved. SECTION II. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/ Terry S. Miller Member of the Common Council A public hearing was held on the resolution at this time. Mr. Charles Lennon, Contract Administrator for the Civic Center Authority, indicated that the resolution was a requirement of the original ordinance passed by the Council appropriating money for the Civic Center project. He requested approval of the four contracts for soils investigation in the amount of $11,000, acousti consultant in the amount of $10,000, food facilities consultant in the amount of $5,280 and the survey in the amount of $1,500. He_indicated that this was not additional money being requested. Council President Nemeth wondered why the Board of Public Works was involved in approval of the contracts. Mr. Lennon stated that since the city would be receiving the responsibility of the sit construction, etc., it should be kept informed through the Board of Public Works. Council Preside Nemeth referred to the section in the resolution that authorization was given by the Civic Center Authority and Board of Public Works for the architectural firm to proceed. He wondered about the board's involvement in the contracts and stated that it had been intended the Civic Center Authori would handle all matters concerning the project. Mr. Lennon stated that the request had come from the Civic Center Authority to have the Board of Public Works involved in the contracts. Councilma Newburn wondered why one of the firms had been chosen from New York. Councilman Miller indicated that there had been no firms in South Bend that could handle the acoustics contract, and the architectural firm for the project was located in New York. Councilman Szymkowiak made The resolution was adopted Parent, Taylor, Kopczynski, IIORDINANCES, FIRST READING IIORDINANCE NO. 5657 -74 a motion that the resolution be adopted, seconded by Councilman Serge, by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Horvath, Newburn and Nemeth). AN ORDINANCE TO AUTHORIZE THE EXECUTION OF A LEASE FINANCING AGREEMENT AND TRUST INDEN- TURE, ECONOMIC DEVELOPMENT REVENUE BOND AND MORTGAGE, AND THE FORMS AND TERMS OF THE LEASE FINANCING AGREEMENT AND TRUST INDENTURE AND BOND AND MORTGAGE AND THE ISSUANCE OF AN ECONOMIC DEVELOPMENT REVENUE BOND PERTAINING TO IRONWOOD PARTNERSHIP. This ordinance had first reading. Councilman Parent made a motion to suspend the rules and take action on the ordinance, seconded by Councilman Kopczynski. The motion carried by a roll call vo 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 ordinance pass, seconded by Councilman Taylor. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Neme Is: REGULAR MEETING APRIL 22 1974 REGULAR MEETING - RECONVENED (CONTINUED) ORDINANCE NO. 5658 -74 AN ORDINANCE TO AUTHORIZE THE EXECUTION OF A LEASE FINANCING AGREEMENT AND TRUST INDEN- TURE, ECONOMIC DEVELOPMENT REVENUE BOND AND MORTGAGE, AND THE FORMS AND TERMS OF THE LEASE FINANCING AGREEMENT AND TRUST INDENTURE AND BOND AND MORTGAGE AND THE ISSUANCE OF AN ECONOMIC DEVELOPMENT REVENUE BOND PERTAINING TO KOSZEGI LEATHER AND VINYL PRODUCTS, INC. 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). The ordinance then had second reading. Councilman Taylor made a motion that the ordinan pass, seconded by Councilman Horvath. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE NO. 5659 -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 MILES DISTRIBUTING, INC. This ordinance had first reading. Councilman Taylor made a motion to suspend the rules and take action on the ordinance, seconded by Councilman Kopczynski. The motion carried by a roll call vo of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). The ordinance then 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 nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Neme ORDINANCE AN ORDINANCE GRANTING A RIGHT -OF -WAY TO CHICAGO SOUTH SHORE AND SOUTH BEND RAIL- ROAD ALONG WESTMOOR STREET AND RATIFYING PERMISSION TO LAY RAILROAD TRACKS ACROSS STREETS. This ordinance had first reading. Councilman Kopczynski made a motion to set the ordinance for public hearing and second reading on May 13, 1974, at 7:00 p.m., seconded by Councilman Miller. The motion carried. ORDINANCE AN ORDINANCE FOR ADDITIONAL APPROPRIATION FROM THE GENERAL PARK FUND TO ACCOUNT 730.0, PROPERTIES, LAND, IN THE AMOUNT OF $40,000.00. This ordinance had first reading. Councilman Kopczynski made a motion to refer the ordinance to Housing Committee, seconded by Councilman Miller. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $31,500.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC PARKS PRO- GRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC PARKS. This ordinance had first reading. Councilman Kopczynski made a motion to set the ordinance for public hearing and second reading on May 13, 1974, at 7:00 p.m., seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $37,000.00 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 Kopczynski made a motion to set the ordinance for public hearing and second reading on May 13, 1974, at 7:00 p.m., seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $46,000.00 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 Newburn made a motion to set the ordinance for public hearing and second reading on May 13, 1974, at 7:00 p.m., seconded by Councilman Taylor. The motic carried. Council President Nemeth asked how much money had been budgeted for gasoline in 1974, an( Mr. Walter Lantz, Deputy Controller, indicated that $128,000 had been budgeted for this year. He stated that there was a 100% increase in cost. There was a brief discussion on when the ordinance should have public hearing. ORDINANCE AN ORDINANCE APPROPRIATING $28,500.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE REGULAR MEETING APRIL 22 IIREGULAR MEETING - RECONVENED (CONTINUED) 11ORDINANCE (CONTINUED) 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. Council President Nemeth wondered how long a period of time would elapse before the city received the equipment, and Mr. Rollin Farrand, Director of the Department of Public Works, stated that there would be a delay in receiving the equipment. There was a brief discussion on when the ordinance should be set for public hearing. Councilman Kopczyns made a motion to refer the ordinance to the Public Works Committee, seconded by Councilman Taylor. The motion carried. 11 ORDINANCE AN "ORDINANCE APPROPRIATING $244,268.00 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 to refer the ordinance to the Public Works Committee, seconded by Councilman Parent. The motion carried. IIORDINANCE AN ORDINANCE APPROPRIATING $20,000.00 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 Kopczynski made a motion to refer the ordinance to Public Works Committee, seconded by Councilman Taylor. The motion carried. RDINANCE AN ORDINANCE APPROPRIATING $115,500.00 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. his ordinance had first reading. Councilman Miller made a motion to set the ordinance for public earing and second reading on May 13, 1974, at 7:00 p.m., seconded by Councilman Kopczynski. The otion carried. RDINANCE AN ORDINANCE APPROPRIATING $18,655.00 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. his ordinance had first reading. Councilman Kopczynski made a motion to set the ordinance for ublic hearing and second reading on May 13, 1974, at 7:00 p.m., seconded by Councilman Taylor. he motion carried. RDINANCE AN ORDINANCE APPROPRIATING $563,000.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS HUMAN RESOURCES PRO- GRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF HUMAN RESOURCES. phis ordinance had first reading. Councilman Kopczynski made a motion to refer the ordinance to the sousing Committee, seconded by Councilman Miller. The motion carried. Mr. Walter Lantz, Deputy :ontroller, requested that the Council strike the previous ordinance filed appropriating $563,000. : ouncilman Parent made a motion to strike the ordinance filed on January 9, 1974, and amended on fanuary 14, 1974, appropriating $563,000, for various housing and rehabilitation programs, seconded )y Councilman Kopczynski. The motion carried. INANCE AN ORDINANCE ENABLING THE CITY OF SOUTH BEND, THROUGH THE BOARD OF PUBLIC WORKS, TO ENTER INTO A CONTRACT WITH THE PLANNING AND ACTION DEVELOPMENT TEAM, INC. TO ADMINISTER A NEIGHBORHOOD DEVELOPMENT PROGRAM. is ordinance had first reading. Councilman Miller made a motion to refer the ordinance to the using Committee, seconded by Councilman Kopczynski. The motion carried. INANCE AN ORDINANCE APPROPRIATING $39,173.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS HUMAN RESOURCES PROGRAMS, TO BE ADMINISTERED BY THE :i REGULAR MEETING APRIL 22, 1974 REGULAR MEETING - RECONVENED (CONTINUED) ORDINANCE (CONTINUED) CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF HUMAN RESOURCES. This ordinance had first reading. Councilman Newburn made a motion to refer the ordinance to the Human Resources Committee, seconded by Councilman Kopczynski. The motion carried. 'ORDINANCE AN ORDINANCE TO APPROPRIATE $40,500.00 FROM THE LOCAL ROAD AND STREET FUND AND $4,500.00 FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND FOR PROJECT R & S 64, MISHAWAKA AVENUE AT THE INTERSECTIONS OF IRONWOOD DRIVE, 26TH STREET AND 30TH STREET. This ordinance had first reading. Councilman Miller made a motion to set the ordinance for public hearing and second reading on May 13, 1974, at 7:00 p.m., seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE TO APPROPRIATE $81,000.00 FROM THE LOCAL ROAD AND STREET FUND AND $9,000.00 FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND FOR R & S 52(A), ANGELA BOULEVARD AT THE INTERSECTION OF MICHIGAN STREET (U.S. 31). This ordinance had first reading. Councilman Miller made a motion to set the ordinance for public hearing and second reading on May 13, 1974, at 7:00 p.m., seconded by Councilman Taylor. The moti carried. Mr. Rollin Farrand, Director of the Department of Public Works, indicated that negotia- tions for the intersection have been completed with the University of Notre Dame and the results were very favorable to the city. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO. 4990 -68, CHAPTER 40 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, FORMERLY REFERRED TO AS ZONING ORDINANCE NO. 3702 (LINDEN AVENUE). This ordinance had first reading. Councilman Taylor made a motion to set the ordinance for public hearing and second reading on May 13, 1974, at 7:00 p.m., seconded by Councilman Kopczynski. The motion carried. PRIVILEGE OF THE FLOOR Mr. Charles Howell, 1118 Duey Street, spoke regarding the problems had recently at the Potowatomi Zoo with the dogs killing the deer. He hoped the Mayor would come before the Council and request that no more funds be given to the Humane Society and that the city take care of the problem itsel He felt the problem would not be taken care of until this was done. Councilman Parent indicated that the Public Safety Committee was conducting a meeting on April 25, 1974, at 4:00 p.m., in the Council Caucus Room, for discussion on a proposed dog control ordinance. He invited anyone interested in the problem to attend and voice their.opinions and suggestions. Mrs. Leona Wolfe, 57045 Mayflower Road, indicated that she was representing 232 families residing in the mobile home park on Mayflower Road. She stated that she had a paper signed by 78 residents of the mobile home park. She complained about the area being excessively taxed and the residents of the park were not getting street cleaning, city lights, snowplowing in the winter, etc. She stated that the park had been paying the city taxes for three years, and she felt something should be done about the situation. Councilman Kopczynski stated that the mobile home park was located in his district. He indicated that this was a case of annexing a piece of land with the streets not being dedicated and the city being fully aware that it would not provide services. Councilman Parent stated that this was true of many areas that did not have dedicated streets. He suggested that this matter be referred to a committee for study. Council President Nemeth requested the Cit Engineer to check into the situation. A representative of Brentwood Mobile Homes stated that he agreed with Mrs. Wolfe and that the assessment on the mobile homes was very unfair. Council President Nemeth suggested that the Assessor's Office be contacted, and the gentleman from Brentwo Mobile Homes indicated that that had been done; however, it had not done any good. He felt the Assessor's Office was "off base" in assessing the mobile homes. He talked about the reduction of 20% and stated that nothing has been done about that. Councilman Szymkowiak also indicated that the matter of assessing was in the hands of the Assessor's Office. He could not see what the Council could do about the situation. Councilman Kopczynski wondered who had been contacted in the Assessor's Office, and Mrs. Wolfe stated that she had received letters from Mr. Baldoni; how- ever, nothing had done any good. Mrs. Glenda Ray Hernandez, 702 East South Street, protested the action of the Council to refer the two proposed housing ordinances to committee. She indicated that the residents of the Southeast side were becoming very impatient and had been waiting for a long time for some action. UNFINISHED BUSINESS Mrs. Irene Gammon, City Clerk, indicated that she had received an official veto from Mayor Jerry J. Miller regarding the salary ordinance passed by the Council at the April 8th meeting. Council President Nemeth asked Mrs. Gammon to read the veto message. After reading of the veto, Council President Nemeth stated that he had felt the matter was a serious enough matter for him to leave th hospital where he had been confined and come to the Council meeting to vote against the veto. He did not feel that the Council was stating it wanted control of fixing the salaries. He stated that this was the power of the Mayor and the Council did not dispute this. He stated that Mr. James Roemer, the City Attorney, had stated at the public hearing that he could find no legality that would prevent passage of the ordinance. He objected to certain comments made by some persons that the salaries of certain officials would be reduced if the Council had control and that qualified ++++++++++++++++++++++++++++++++++++++++++++#}- F±+++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++ REGULAR MEETING MAY 13, 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, May 13, 1974, at 7:05 p.m., Council President Peter J. Nemeth presiding. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL PRESENT: Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth. ABSENT: None. Council President Nemeth indicated that members of the American Association of University Women were present in the audience. He asked that they stand and be recognized. Councilman Horvath made a motion to resolve into the Committee of the Whole, seconded by Counci Taylor. The motion carried. COMMITTEE OF THE WHOLE MEETING Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on Monday, May 13, 1974, at 7:06 p.m., with nine members present. Chairman Odell Newburn presided. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA (4201 South Main Street). No one was present to make the presentation for the ordinance.. The Council, therefore, decided to move on to the next item on the agenda. Just prior to rising and reporting to the Council, this ordinance had public hearing (see last public hearing of this date).