HomeMy WebLinkAbout06-24-74 Council Meeting Minutesi - hi-- H-- H.- F.-f- i--f-- E- E- i-- Fi- i-- E. . i-- f- i- i-- F- I- .-F-1--f-.-1--i--E--F-i-.-f. ..................................
REGULAR MEETING
JUNE 24, 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, June 24, 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, Taylor, Kopczynski,
Horvath, Newburn and Nemeth.
ABSENT: Councilman Parent.
Council President Nemeth announced that items 3C, 3D and 3E on the agenda (rezonings of recently
annexed land at the southwest corner of State Road 23 and Locust; the northwest corner of Linden
and Chippewa; and State Road 23, U.S. 20 -31 Bypass and Linden Road) would not have a public hearin,
at this time because there was some question on whether or not the properties were legally within
the city.
Councilman Kopczynski 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 Who
on Monday, June 24, 1974, at 7:08 p.m., with eight members present and one member absent. Chairma
Odell Newburn presided.
REGULAR MEETING JUNE 24, 1974
IICOMMITTEE OF THE WHOLE MEETING (CONTINUED)
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AN ORDINANCE CREATING A DIVISION OF COMMUNITY
DEVELOPMENT WITHIN THE CITY OF SOUTH BEND.
This being the time heretofore set for public hearing on the above ordinance, proponents and
opponents were given an opportunity to be heard. Councilman Miller, as chairman of the Committee
on Housing, and at the request of the administration, proposed the following amendments to the
ordinance:
In Section I: Strike all words after "Division of Community Development ".
In Section IV: Change the word "shall" to "may" in the second line. Strike the second
sentence.
In Section IV, add the following subsections:
A. The Division of Community Development shall be authorized to, in conjunction
with the Department of Redevelopment, establish and implement a Neighborhood
Development Program. Any such relationship, and all contracts for such a
purpose, shall be approved by the Redevelopment Commissioners. Any contract
in excess of $5,000 shall also be approved by the Common Council.
B. The Division of Community Development shall propose guidelines for the
fair and equitable administration of the Neighborhood Development Program.
Such guidelines shall be subject to public hearing and approval by the
Redevelopment Commissioners, approval by the Mayor, and filed with the City
Clerk.
C. There shall be established an Advisory Committee for each project area com-
posed of seven members, two project area residents, three professional experts
selected from real estate, mortgage or rehabilitation loans, or the construc-
tion industry, the Director of the Division of Community Development and
the Director of the Bureau of Housing; that will screen applicants for grants
and loans, and recommend to the Redevelopment Commission the grant recipients
and amounts of grants and loans. Members of this committee shall be appointed
by the Mayor and serve at his pleasure for the duration of the project.
D. (The second paragraph of Section IV shall be designated subsection D.)
Councilman Miller made a motion to so amend the ordinance, seconded by Councilman Taylor. The
motion carried. Mr. William Hojnacki, Director of the Department of Human Resources and Economic
Development, stated that the amendments made incorporated the best of the Council's plans and the
administration's plans. He felt the program would be workable and many of the problems within the
community would be solved. He urged passage of the ordinance. Mr. Charles Lennon, Director of the
Department of Redevelopment, stated that, on June 17 and June 21, public meetings were held regardi
the proposed ordinance. He indicated that all those in attendance at those meetings were in favor
of the ordinance as amended. He stated that the Redevelopment Commissioners recommended that the
Council pass the ordinance. Mr. Garrett Mullins, President of the Southeast Neighborhood Project
Area Committee, residing at 312 East Pennsylvania, also expressed support of the amended ordinance.
He stated that the committee desired to suggest that the Council further amend the ordinance to
insert the words "at least" in the paragraph establishing membership, more specifically preceding
the words "two project area residents" and "three professional experts ". He stated that this would
give more flexibility to the ordinance as far as membership was concerned.. Mr. Phillip Byrd of the
Urban Coalition Housing Task Force also expressed support of the ordinance and citizen participatic
in all levels as relates to housing. He stated that the task force felt the amended ordinance woul
allow for that. He urged the Council to followup on the appropriation of the funds for the housing
program, and he stated that the Urban Coalition wished to extend its services to the Council. Mrs.
Darlene Scherer, 506 South Twyckenham, representing the Gloria Dei Lutheran Church and its 400
members, also expressed support of the ordinance and hoped that the program would be effective.
She felt that the area in the southeast section of the city had been neglected too long, and she
hoped that immediate action would be taken. Ms. Janice Patton, President of the A.C.T.I.O.N. Board
of Directors, also expressed support of the amended ordinance and creation of the Advisory Committe
Mr. Godley, representing the Broadway Christian Parish, recommended that the Council pass the
ordinance, and he offered the cooperation and services of the church.
Councilman Horvath wondered why Mr. Mullins had proposed the addition of the words "at least" to tY
ordinance. Mr. Mullins stated that it was felt the ordinance would have more flexibility. Council
man Horvath wondered if this could possibly overstaff the committee. Council President Nemeth made
a motion to amend the ordinance further by inserting the words "which shall include" immediately
after the words "seven members" in subsection C of Section IV; and, in that same subsection, delete
the words "that will" immediately after the words "Bureau.of Housing" and inserting the words "The
Advisory Committee shall ". Councilman Kopczynski seconded the motion. The motion carried. Mr. E�
Drummond, working with the Urban Coalition Housing Task Force and residing at 629 W..LaSalle Avenue
stated that his group wished to support the amendment proposed by Mr. Mullins. He wanted as flexile
a program as possible in order to insure citizen participation. He urged that the Council serious]
consider that amendment. Councilman Miller stated that the thinking behind many of the Council's
action in the past was to set a number to make the ordinance a definitive legal document. He state
that, in terms of acting and doing specific things, small committees were more effective. He felt
that the Council wanted as much citizen participation as possible; however, the committee would be
a technical committee to review and check homes. Mr. Drummond agreed with having a small committee
however, he was talking in terms of the number of members on the committee. Mrs. Rita Cassidy, Vic
President of Urban Coalition, residing at 529 Napoleon Boulevard, agreed with Mr. Drummond. She
felt it was important for the citizens to know that their participation was welcome, needed and
sought in order to implement the plan. She did not want the committee to be "locked in" to a
definite number.
Councilman. Taylor made a motion that the ordinance be recommended favorably, as amended, to the
Common Council, seconded by Councilman Kopczynski. Councilman Miller indicated that, with the pas!
of housing grants and loan programs, the Common Council had initiated and.passed four major prograr
for improvement of the southeast neighborhood. He stated that he was far from satisfied with the
91
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REGULAR MEETING JUNE 24, 1974
ICOMMITTEE OF THE WHOLE MEETING (CONTINUED)
implementation of the programs; however, it was a start and the Council would continue to try and
improve conditions in the area. He concluded by indicating that a program would only work with
local efforts, and he felt that neighborhood stabilization and neighborhood improvements was the
number one issue in the Council. The motion carried.
ORDINANCE AN ORDINANCE ESTABLISHING THE SOUTH BEND
COMMISSION ON THE STATUS OF WOMEN.
This being the time heretofore set for public hearing on the above ordinance, proponents and
opponents were given an opportunity to be heard. Mr. William Hojnacki, Director of the Department
of Human Resources and Economic Development, spoke in favor of the proposed ordinance. He stated
that the administration felt the ordinance would create a necessary agency, at no cost to the city,
and it would investigate and make recommendations regarding community life and the participation
of women in the political and economic process. Mr. Maurice Cohen, 725 East Eckman Street, stated
that he was not against women; however, he was against the creation of another bureau or commission
He did not feel that the organization was necessary. He felt it would eventually involve the
hiring of a director and the furnishing of a city vehicle. Ms. Patricia Barrett, 710 Park Avenue,
acting chairman for the Human Rights Commission Task Force on the Status of Women, explained that
the commission was not another agency being added to the city. She indicated that the commission
originated from the federal government, and in 1965, Governor Branigan established such a commissio
however, it lapsed and in 1973, Governor Bowen reinstated it. She stated that other cities in the
State of Indiana that have commissions are Anderson, Franklin, Gary, Indianapolis, Kokomo and
(Lafayette. She cited a few reasons why the commission should be established in South Bend: women
make up 52% of the population, 43% of the labor force was women aae 16 or over, and 390 of the
total labor force was fema
their families. Ms. Barre
urged passage of the ordin
Association of University
East Pokagon, President of
because it would place worn
Twyckenham, Professor of E
University, hoped that the
lines for the status of wo.
Welfare. She hoped that t
would do that. Ms. Suzann
she was in complete agreem
be made regarding the crea
sultant, stated that there
that from first -hand exper
was a new resident of the
there were only two profes
fire department. He did n
stated that he did not wan
Le; two - thirds of the working women must work to support themselves or
:t talked about discrimination in jobs and education and income. She
ince. Mrs. Rosemary Hengesbach, 2709 Miami, President of the American
Jomen, also urged passage of the ordinance. Mrs. Donald P. Kumor, 314
the League of Women Voters, likewise urged passage of the ordinance
�n in a position nearer to equality. Dr. Marsha Kimmel, 404 South
lucation at Indiana University, representing the Women's Caucus at Indian
Council would act favorably on the ordinance. She stated that new guide
aen have been established by the Department of Health, Education and
ie discrimination could be eliminated, and she stated that the ordinance
Flowers, President of the Board of Directors of the YWCA, stated that
ant with the creation of such a commission. She felt every effort should
:ion of the commission. Ms. Paula Auburn, an industrial relations con -
was some discrimination against women in South Bend, and she knew of
Lence. She supported the creation of the commission and stated that she
:ity and felt she had been discriminated against. Mr. Cohen stated that
;ions in South Bend where women were not employed: -bus drivers and the
)t feel that they were being so discriminated against, and he again
: to see another commission created.
Councilman Horvath questioned paragraph (h) in Section I pertaining to clerical assistance and
supplies being provided for by the Mayor's Office. Ms. Patton stated that the paragraph was only
included in case of necessity. Councilman Horvath wondered about the cost involved. Ms. Patton
stated that the commission might possibly not even need assistance, and, if needed, the supplies
would be at a minimum. Ms. Barrett asked that the Council not delete the paragraph. She indicated
that the Mayor had stated the commission could use a small portion of his budget for its work.
Councilman Kopczynski wondered about the cost for postage, and he asked about the postage budget
of the Human Rights Commission. Ms. Patton indicated that the postage figure was on a year's basis
Councilman Kopczynski again asked the same question, at which time Chairman Newburn wondered about
the relationship between the question and the ordinance being considered. He ruled for order.
Councilman Kopczynski felt his question was pertinent as the Human Rights Commission was doing the
same type of work that the proposed commission was to do. Ms. Patton stated that the Human Rights
Commission has been taking care of the postage so far for the Status of Women Commission. She
stated that the amount used for postage probably would not be more than $5,00, and the Human Rights
Commission had the authority to establish sub - committees. Council President Nemeth felt paragraph
(h) in Section I should be stricken from the ordinance as the postage had been handled by the
Human Rights Commission and it could continue in that manner. He so moved, seconded by Councilman
Kopczynski. The motion carried.
Councilman Serge made a motion that the ordinance be recommended favorably to the Council, as
amended, seconded by Councilman Szymkowiak. The motion carried.
ORDINANCES
AN ORDINANCE AMENDING AND SUPPLEMENTING
CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH
BEND, INDIANA (southwest corner of State
Road 23 and Locust)
and
AN ORDINANCE AMENDING AND SUPPLEMENTING
CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH
BEND, INDIANA (northwest corner of Linden
and Chippewa)
and
AN ORDINANCE AMENDING AND SUPPLEMENTING
CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH
BEND, INDIANA (State Road 23, U.S. 20 -31
Bypass and Linden Road).
Council President Nemeth made a motion to refer the above three ordinances back to the Area Plan
Commission and also to the City Attorney for further investigation regarding the annexation status.
Councilman Horvath seconded the motion. The motion carried.
REGULAR MEETING JUNE 24 1974
COMMITTEE OF THE WHOLE MEETING (CONTINUED)
ORDINANCE AN ORDINANCE REGULATING VEHICLE PARKING.
This being the time heretofore set for public hearing on the above ordinance, proponents and
opponents were given an opportunity to be heard. Councilman Szymkowiak made a motion to amend the
ordinance as follows:
Amend title to read: An Ordinance amending Chapter 20 of the Municipal Code of
the City of,South Bend, Indiana, regulating vehicle parking.
Delete whereas clause and insert: Be it ordained by the Common Council of the City
of South Bend, Indiana:
Section I. Section 20 -67 of Article 6 of Chapter 20 of the Municipal Code
of the City of South Bend, Indiana, shall be amended to read as follows:
The first paragraph of Sec. 20 -67 of the code shall be numbered (a).
Paragraph (b) shall read: No vehicle shall be parked on public streets within the
business district of the City of South Bend nor on (the remainder of this paragraph
remains the same as paragraph 1)
Paragraph (c) shall read: No vehicle shall be parked, between the hours of 8:00 a.m.
and 4:00 p.m., on city streets which are not within the business district during all
periods of time in the sections of the city designated by the Director of the Division
of Transportation for street sweeping or for leaf pickup. Except that parking will
be allowed on said streets at said times as follows:
(1) On that side of the street having EVEN numbered addresses on the EVEN
numbered days of the month; and
(2) On that side of the street having ODD numbered addresses on the ODD
numbered days of the month.
Paragraph (d) shall read: Nothing in this section is intended to affect the parking
of vehicles on Saturdays, Sundays or holidays unless a snow emergency is called
according to the provisions of Section 20 -103 of Article 7, Chapter 20, of the Municipal
Code of the City of South Bend.
Paragraph (e) shall read: Same as paragraph 4.
Paragraph (f) shall read: Nothing in this section is intended to affect the already
regulated parking on designated snow routes during a snow emergency, or other areas in
which parking is regulated by duly authorized signs.
Section II shall be the usual paragraph regarding full force and effect.
Council President Nemeth seconded the motion. The motion carried. Mr. Maurice Cohen, 725 East
Eckman Street, requested the City Clerk to read the proposed ordinance, as amended, so that the
audience would be aware of the contents. Mrs. Irene K. Gammon, City Clerk, read the amended
ordinance in full. Mr. Donald Decker, Manager of the Bureau of Streets, stated that an effective
program of street cleaning and leaf pickup has been hampered because of parked cars. He felt.the
proposed ordinance would greatly help eliminate that problem, and he urged passage of the ordinanc
Mrs. Casimir Deka, 1121 Harvey Street, wondered about the streets where signs were posted that
eliminated parking on one side only. She asked if the proposed ordinance would have any effect on
that. Mr. Decker stated that these streets would not be affected by the ordinance because the
signs are already posted. Mrs. Fanny Grunwald, 227 South Frances Street, stated that, at one time,
a sign had been posted the night before the street sweeping was to take place to inform the citizen
to move their cars for that night. She thought this was a good idea and wondered why it was not
done anymore. Mr. Decker stated that all the streets that are being paved are posted for no
parking. He stated that what Mrs. Grunwald was speaking about was an "insurmountable task ". Mr.
Cohen expressed support of the ordinance and stated that the city has been waiting for an ordinance
such as the one proposed for a long time. He suggested that the streets be published before cleani
so as to inform the citizens. It was indicated that publication of the notices was provided for ir
the ordinance. Mrs. Deka brought up a problem on Allen Street between LaPorte and Lincolnway, and
on Harvey Street, where there was parking on both sides of very narrow streets. She felt this shoo
be looked into because it was a hazard. Mr. Roman Kowalski, 802 Birchwood, wondered if the one -
sided street parking was applicable to all streets. Mr. Decker stated that the ordinance dealt wit
residential parking as the business district was governed by no parking between the hours of 2:00 a
and 6:00 a.m. on Monday through Friday. Mr. Kowalski agreed that the ordinance was needed. He
stated that there should be some kind of fine for those persons who do not comply with the ordinanc
in removing their cars. from the city streets. Mr. Decker stated that any violation of the ordinanc
!would be considered a misdemeanor and was provided for in the ordinance. Council President Nemeth
suggested that some streets be made one -way in order to facilitate traffic problems on narrow
'streets as Mrs. Deka had indicated. He then made a motion to amend the ordinance further in Sectic
I, paragraph (c) as follows: "No vehicle shall be parked, between the hours of 8:00 a.m. and
4:00 p.m., on city streets which are not within the business district during those periods of time
and in those sections of the city so designated by the ... ". Councilman Kopczynski seconded the
motion. The motion carried. Councilman Miller stated that, in many areas, it would be incon-
venient for citizens to park on one side of the street. He stated that he would vote against the
ordinance for that reason and because he felt the ordinance would not be an effective way of
solving the problem. Councilman Taylor suggested that a letter be written to the Board of Public
Works on the advisability of limiting parking on the streets that Mrs. Deka had mentioned.
Councilman Kopczynski stated that the letter should also include Fisher and Dunham Streets.
Councilman Szymkowiak made a motion that the ordinance be recommended favorably to the Council, as
amended, seconded by Councilman Kopczynski. Chairman Newburn asked for a show of hands. He state
that the motion had carried by a vote of five to two. He indicated that he had not voted because
there was no need to as there had been no tie vote. Council President Nemeth asked for a roll cal:
vote. The motion carried by a vote of six ayes (Councilmen Serge, Szymkowiak, Taylor, Kopczynski,
Newburn and Nemeth) and two nays (Councilmen Miller and Horvath) with Councilman Parent absent.
M.
REGULAR MEETING JUNE 24, 1974
COMMITTEE OF THE WHOLE MEETING (CONTINUED)
ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN
THE CITY OF SOUTH BEND AND LANDMARK OF
INDIANA, INC. FOR THE PURCHASE OF REAL
ESTATE IN THE AMOUNT OF $163,000.00 AND
COMMITMENT FOR THE APPROVAL OF APPROPRIATION
OF FUNDS THEREFOR.
This being the time heretofore set for public hearing on the above ordinance, proponents and
opponents were given an opportunity to be heard. Mr. Robert Parker, Chief Deputy City Attorney,
made the presentation for the ordinance. He explained that the proposed ordinance would approve
the connector between Michigan and Main at Marion. He stated that the contract was signed on
June 10, 1974, by the Board of Public Works, for the Turner Hall property, subject to approval by
the Common Council and the appropriation ordinance to finance the purchase. The property has been
appraised and the contract price was in the amount of the appraisals ($160,000) and an additional
$3,000. The city proposed to construct the connector at that location, and the contract provides
for the purchase of the entire tract, and that an option for one year be given to Landmark for
re- purchase of the land that will not be actually used for the connector at the same price sold to
the city. (See unfinished business portion of the meeting for a further explanation of the $3,000.
Mrs. Janet Allen, 125 West Marion, stated that she had asked many times exactly where the connector
would be located and she had never been given a definite answer. She wondered about the cost
involved in the clearance of the Turner Hall building. She also wondered about the additional
$3,000 in the purchase price. She stated that she was opposed to the purchase by the city of the
property. She indicated that the plans at the intersection had been talked about for some time but
the bridge had been relocated to Madison Street, and she felt the connector should also be moved to
Madison. She stated that the city would be responsible to demolish the building at a great expense
and then sell the unused portions back to Landmark at the same price it was purchased by the city.
She did not agree with that. She quoted from a letter written by the City Attorney regarding the
state also holding a public hearing on the location.of the connector. She wondered about this
public hearing and when it would be held, and she felt the administration had "closed its mind" to
the establishment of the connector at another location. She talked about the traffic on Michigan
and Main, construction of the new bypass, cutting down of trees to accommodate the connector, and
the relocation of a new fire station because the trucks would not be able to go east, west or south
She wondered when the public would be told what the plans would be. Mr. Parker stated that the
demolition of the building would be covered under the terms of the contract. The cost of demolitio.
would be pro -rated on the frame building, and the brick building on the land would not have to be
torn down. He talked about extensive development of the land after demolition. Mr. Maurice Cohen,
725 East Eckman Street, indicated that he was pleased to see Mrs. Allen talk against the connector.
He made reference to the connector at Chippewa and Michigan Street on the south side of the city.
He stated that he felt at times the administration does not realize the total cost involved in cer-
tain projects. He also asked about the incorporation of Landmark, Inc. and its members of the
board of directors. Mr. Frank Riedle, President of the Park Avenue Neighborhood Association,
residing at 816 Park Avenue, stated that the association objected to the administration's plan to
construct the connector at Marion Street. The association felt it was undesirable to construct a
major artery with heavy commercial traffic near the Mar -Main Apartments and a residential area. Th
association also felt it was unsound engineering to construct a curve on an uphill grade and close
off Marion Street. He concluded by indicating that even though it would cost somewhat more to
locate the connector farther south, the administration should seriously consider that. Mrs. Allen
stated that the frame building that would have to be demolished occupied at least halflof the land
and it would cost a great deal of money. She stated that she was bothered about the "secretiveness'
in the plans. Mr. Rollin Farrand, Director of the Department of Public Works, stated that a final
decision has not been made but all indications point to the Marion connector. He stated that a
public hearing has been planned; however, it has not been published as yet. At that time, a defini
recommendation would be made regarding the connector; probably for the Marion intersection. He
stated that the Council was being requested to approve the ordinance in the event the route was
taken because the indications for the area were so great. Mr. John Hipskind, 1063 Woodward Avenue,
asked about the completion of the 31 Bypass, indicating that no mention had been made of the bypass
He felt that many of the large vehicles using Michigan Street could use the new bypass. He wondere
about efforts made to reduce the amount of traffic at the Chippewa connector. Mrs. Allen asked why
so much of the property was needed in order to go at a slight angle. Mr. Farrand stated that the
proposal for Marion Street was based on minimum urban design speeds of 30 m.p.h. By condemning the
property, damages would have to be paid for settlement at a great cost. Mr. Riedle wondered if the
property to the south had been appraised for the possible location of the connector. Mr. Farrand
stated that the appraisal for the southern route was a minimum of $150,000 more. Mrs. Allen could
not understand why the appraisal for the southern location was more because the property was alread
cleared. Mr. Farrand stated that the appraisals were done by a very competent appraiser. He felt
that the appraiser had even under - estimated the property at the northern location. Mr. Roman
Kowalski, 802 Birchwood, felt there was too much wasteful spending in the city, and he was glad to
see the citizens so concerned about a certain project and the cost involved. He talked about some
of the deficiencies in the city that needed action as soon as possible. He felt the matter should
be referred to a committee until a more definite proposal has been submitted to the citizens.
Councilman Serge wondered about the number of appraisers used, and Mr. Farrand stated that three
appraisers were contacted for the specific property. Councilman Taylor stated that the issue has
been made very clear and the arguments were presented very well. He felt there was a question of
environment involved, and he would not support the ordinance. He was of the opinion that the
connector should be farther south, closer to the business district. Councilman Szymkowiak wondered
if there was urgency regarding the ordinance. Mr. Farrand stated that the prospective seller shoul
not be held up. Councilman Szymkowiak wondered what would happen if the seller decided to stay in
the building. Mr. Farrand stated that the city could condemn the building or move the connector to
the south. He talked about the engineering reasons for locating the connector at Marion Street.
Councilman Taylor wondered -if the definite cost was being placed at a quarter of a million dollars.
Mr. Parrand stated that he was "using that figure ". He stated that the appraisers had not appraise
the "remainders ". Councilman Miller asked if the purchase of the funeral home was included in the
appraisal at the southern location, and Mr. Farrand stated that it was. Councilman Miller wondered
why the purchase of the Shrine Club was not also being considered. Mr. Farrand stated that there
was no parking on the Shrine Club lot at the present time. Councilman Miller talked about the
minimum design standards for curbs. He wondered�.if these standards were considered at the Chippewa
intersection because of the right angle there. Mr. Farrand stated that there was a freer turn at
the Chippewa intersection. Councilman Miller agreed with that; however, he supported the concept
REGULAR MEETING JUNE 24 1974
IICOMMITTEE OF THE WHOLE MEETING (CONTINUED)
that, with the bypass, a less sophisticated connector would be liveable. Mr. Farrand stated that,
if the intersection was to the south, there would be a problem with the wide intersection and the
amount of "yellow time" needed to clear the intersection. There are approximately 750 vehicles pe
lane per hour of "green time ". By moving the location south, the left turn movement would be
involved. Councilman Serge wondered about the fire station problem, and Mr. Farrand stated that t
trucks would be able to drive down Marion Street.
Council President Nemeth made a motion to recess, seconded by Councilman Szymkowiak. The motion
carried, and the Committee of the Whole recessed at 9:23 p.m. Reconvened at 9:55 p.m.
Councilman Miller made a motion that the ordinance be recommended unfavorably to the Common Counci
seconded by Councilman Taylor. Chairman Newburn asked for a show of hands. He stated that the
motion was lost by a vote of two to five. Councilman Horvath then made a motion that the ordinanc
be recommended favorably to the Common Council, seconded by Councilman Serge. Chairman Newburn
asked for a show of hands. He stated that the motion had carried by a vote of five to two.
1IORDINANCE
AN ORDINANCE APPROPRIATING $6,000.00 FROM
THE FEDERAL ASSISTANCE GRANT COMMONLY
REFERRED TO AS GENERAL REVENUE SHARING,
FOR VARIOUS PARK DEPARTMENT PROGRAMS,
TO BE ADMINISTERED BY THE CITY OF SOUTH
BEND THROUGH ITS DEPARTMENT OF PUBLIC PARKS.
This being the time heretofore set for public hearing on the above ordinance, proponents and
opponents were given an opportunity to be heard. Mr. James Seitz, Director of the Department of
Public Parks, made the presentation for the ordinance. He explained that the funds would be used
for a new filtration system at Potawatomi Pool. He indicated that the pool, which was constructed
in 1955, still has the original filtration system. The system was still in operating condition;
however, it was beyond repair if the system would break down. He stated that the system has been
machined and repaired many times and future repairs were practically impossible. He stated that h
had a diagram available of the new system if the Council desired to look at it.
I lCouncilman Szymkowiak made a motion that the ordinance be recommended favorably to the Common
Council, seconded by Councilman Serge. The motion carried.
Councilman Szymkowiak asked that Mr. Robert Parker, Chief Deputy City Attorney, be allowed to expl
the cost of $3,000 included in the purchase price of the Turner Hall property for the Marion Stree
connector. Chairman Newburn indicated that discussion on that matter could be taken up in the
Council portion of the meeting.
There being no further business to come before the Committee of the Whole, Councilman Taylor made
a motion to rise and report to the Council, seconded by Councilman Serge. The motion carried.
ATTEST: ' ATTES
!• / A /r
CIT CLERK AI
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 10:00 p.m., Council President Nemeth presiding and eight
members present and one member absent.
IIREPORT FROM THE COMMITTEE ON MINUTES
To the Common Council of the City of South Bend:
Your committee on the inspection and supervision of the minutes, would respect-
fully report that they have inspected the minutes of the June 10, 1974, regular meeting
of the Council and found them correct.
They, therefore, recommend that the same be approved.
s/ Peter J. Nemeth
I lCouncilman Taylor made a motion that the report be accepted as read and placed on file and the
minutes be approved, seconded.by Councilman Horvath. The motion carried.
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 Horvath. The motion carried by a roll call vote of eight ayes (Councilmen
Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Newburn and Nemeth) with Councilman Parent
absent.
IIREPORT FROM THE COMMITTEE ON FINANCE AND ADMINISTRATION
The Chairman of the Finance Committee made an on- the -spot investigation of the
necessity of a service contract for the air - conditioning and heating units at the
Morris Civic Auditorium, and the committee is hereby making known its findings, after
reviewing this matter, and makes the following recommendations:
1. The air - conditioning unit recently installed at the Morris has not
functioned properly as early as the fall of 1973, probably due to the loss of refrigerant
(Freon) gas.
The air - conditioning unit is a recently installed unit and under a one -year
guarantee; certainly this malfunction occurred within the guarantee period and should
have been corrected at no charge to the city. No attempt was made to repair the unit
n
REGULAR MEETING JUNE 24 1974
REGULAR MEETING - RECONVENED (CONTINUED)
(REPORT FROM THE COMMITTEE ON FINANCE AND ADMINISTRATION (CONTINUED)
at this time because of the warm season coming to a close. The installing contractor was
contacted in the spring of 1974 to repair the air - conditioning unit. At this time, it
was discovered that the unit.leaked out approximately 120 pounds of Freon gas. The air -
conditioning unit was recharged and the city was being billed for this.
In view of the above facts, the committee recommends that the city administration
does not pay for this because of coverage under the warranty.
According to sources of information, the loss of Freon was caused by a faulty
inspection "sight" glass, which was removed by the contractor and never replaced. The
committee recommends that the sight glass be replaced as per original design so that
the operator and manager of the Morris Civic Auditorium will have some means of checking
the air - conditioning unit for loss of Freon. This is a simple inspection and should be
performed by the city employee operator.
2. Gauges should be installed on each air - conditioning compressor at the suction
and discharge ports. The proper pressure readings should be established and monitored
by the operator to insure proper functioning of the air - conditioning system.
3. Condenser tower cleaning and inspection, including belt drives, should be per-
formed by the city employee operator.
4. The air blower drive motor of front air unit should be checked and repaired;
the motor should also be mounted in a "silencer block" to isolate vibration noise being
transmitted into the auditorium. From all appearances, the electric drive motor was dropped
at the time of installation, probably causing internal damage, thus resulting in noisy
operation.
This completes the air - conditioning unit report. The following report concerns the
newly installed hot water boilers:
The boiler was also a recently installed unit, but it was learned that the original
contract did not specify any chemical additives in the boiler's water system; therefore,
none were added. The lack of chemical additives in the boiler's water system is resulting
in a rapid liming up of boiler tubes and radiators.
Immediate steps should be taken to contact an industrial boiler chemical company
that specializes in this type of service and accept its recommendations and take the
necessary steps to prevent the liming up of the newly installed boilers.
In view of the fact that the city is beginning to own more buildings such as the
Morris Civic Auditorium, the Municipal Services Facility building, various water and
wastewater buildings and shortly in the future will also have a Century Center building,
with each of these buildings having its own complicated heating and air - conditioning system
and emergency lighting systems, the committee recommends that the city, in hiring a
Building Manager, should consider the technical capabilities of the applicant, primarily
and secondary his business acumen. The city administration should also budget money for
sending the technician to a service school as needed to keep abreast of the service and
operation of the city -owned units.
The committee further recommends that no service contract be entered into for
inspection purposes; it also recommends that the city administration and engineering study
the malfunctioning air - conditioning and heating installation at the Morris Civic Auditorium
and take steps to have it corrected under the terms of the warranty at no cost to the city.
Walter T. Kopczynski, Chairman
Administration and Finance Committee
Councilman Kopczynski indicated that the committee does not recommend that the contract be entered
into at the present time. He stated that the committee also recommended that the City Engineer be
furnished a copy of the report, and the malfunctions would be taken care of by the installing con-
tractor. Councilman Kopczynski then made a motion that the ordinance transferring $1,150 from the
Heat Account to the Equipment Repairs Account within the Morris Civic Auditorium budget be strickex
from the files, seconded by Councilman Taylor. Councilman Newburn asked if there was a warranty of
the equipment, and Councilman Kopczynski stated that there was, and the malfunctions had taken pla<
within the warranty period. Councilman Szymkowiak felt the warranty should take care of the mal-
functions and the Board of Public Works should work with Councilman Kopczynski on this matter. The
motion to strike the ordinance carried.
Councilman Taylor then made a motion to accept and file the report of the Committee on Finance and
Administration, seconded by Councilman Miller. The motion carried.
(REPORT FROM AREA PLAN COMMISSION
The Honorable Common Council
City of South Bend
County -City Building
South Bend, Indiana
In Re: A proposed ordinance
"A" Residential, "A"
property located at
Gentlemen:
June 19, 1974
and site development plan of Larry L. Nifong to zone from
Height and Area, to "B" Residential, "A" Height and Area,
3027 McKinley Avenue, City of South Bend.
The attached rezoning petition of Larry L. Nifong was legally advertised June 8,
and June 15, 1974: The Area Plan Commission gave it a public hearing June 18, 1974, at
which time the following action was taken:
REGULAR MEETING JUNE 24, 1974
IIREGULAR MEETING - RECONVENED (CONTINUED)
1I REPORT FROM THE AREA-PLAN COMMISSION (CONTINUED)
"A motion by Ted Sharp was seconded by Joseph Simeri to favorably
recommend the petition of Larry L. Nifong to the Common Council.
Ralph Stonebraker said since a year ago when the Plan Commission
recommended this be approved by the Common Council they have
essentially an unaltered plan and the staff maintains its recommen-
dation for approval. The Department of Public Works sees no
objection to the public hearing, and if approved, expects site
plan review. The Health Department recommends that the site be
served by public utilities.
Mr. Sharp's motion was then carried, with Roger Parent abstaining.
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. The Staff Report of the
Area Plan Commission is also attached.
RSJ:lari
cc: Nifong
Dunfee
Attachment
Very truly yours,
s /Richard S. Johnson.
Executive Director
Staff Report June 13, 1974
A proposed ordinance and site development plan of Larry L. Nifong to zone from
"A" Residential, "A" Height and Area, to "B Residential, "A" Height and Area, property
located at 3027 McKinley Avenue, City of South Bend.
On May 15, 1973, the same request was heard and approved by the Area Plan
Commission. The proposed rezoning was then forwarded to the Common Council and defeated.
The site of the proposed rezoning is located on the north side of McKinley Avenue,
one lot east of Manchester Drive. The properties to the east, north and west of the
site are developed residential lots with "A" Residential zoning. Directly south of the
site is a vacant woodlot that is also zoned "A" Residential.
The existing single family house is used as a combined residence and real estate
office. The proposed rezoning seeks to have the property utilized solely as an office
location. On the proposed site plan, the existing structure will remain as the real
estate office. An asphalt parking area will be added to the rear of the house. The
parking area will have six (6) spaces and will b'e screened by a six -foot fence. Storm
water runoff will be retained on the site by means of a 1,800 gallon dry well.
Since the request is unaltered from what had formerly been approved, the staff
maintains its recommendation for approval. The Department of Public Works sees no
objection to the public hearing and, if approved, expects site plan review. The Health
Department recommends that the site be served by public utilities.
(Councilman Miller made a motion to set the ordinance referred to in the report for public hearing
land second reading on July 8, 1974, seconded by Councilman Taylor. The motion carried.
If REPORT FROM THE DIRECTOR OF THE DEPARTMENT OF ADMINISTRATION AND FINANCE
Council President Nemeth indicated that he had received a communication from Mr. Barcome informing
him that Mr. Hunt was to make the presentation on his behalf. Mr. Richard Hunt, Deputy City
Controller, stated that he was substituting for Mr. Walter Lantz, the Chief Deputy Controller, who
was ill at the present time. He talked about the problems of wage and salary administration and
what could be done about them. He stated that the administration wanted the Council to provide
representation on a wage and salary board, which would include the Director of Finance and
Administration, the Personnel Director or their appointed representatives. He indicated that the
job of this board would be to establish and oversee a job classification system for the administra-
tion. He briefly talked about the IPA grant and the manning table which was established to provide
an up -to -date report of manpower levels by department. When the manning table was designed, a plat
was reserved on the report for pay ranges and pay steps; this being done in anticipation of a job
classification system. He was hopeful that the Council and the administration could join together
and work together in order to be thorough and fair about which pay range is appropriate for each
type of work and to know in terms of service the costs and benefits of its decisions. He stated
that the following kinds of resources would be needed to implement an effective program of wage
administration: (1) a way of keeping job descriptions up -to -date and of making them more precise
and flexible than they are now; (2) a way of knowing what other cities are paying for the kinds of
skills South Bend needs and of what the local economy is paying for jobs that are similar in nature
(3) a way of bringing this information together in a systematic way and of using it for all jobs tc
get each job into its best pay range; (4) a way of knowing how each employee is doing his or her
job, so that performance.and other positive personal attributes can be rewarded and can show the
employee that how he works will make a difference and that there is a path of progress, a career fc
him or her in city government based on personal merit. According to a survey by the International
Personnel Management Association, city governments with work forces equal to South Bend have from
six to eight persons employed in the personnel administration. Mr. Hunt stated that the City of
South Bend Personnel Department consisted of only two persons: the director and a secretary. Mr.
Hunt concluded by stating that the decisions to be made by the Council were whether or not to choo:
to participate in the process of wage administration and support the development of personnel
administration.
REGULAR MEETING JUNE 24 1974
REGULAR MEETING - RECONVENED (CONTINUED
Councilman Miller asked where the Director of the Department of Administration and Finance was at
the present time. Mr. Hunt indicated that Mr. Barcome was in San Diego at the Mayor's Conference,
and Councilman Miller then asked why Mr. Barcome had gone to the Mayor's Conference. Mr. Hunt stat
that he could not answer that question. Councilman Miller asked for a copy of the job descriptions
required in federal grants. Mr. Hunt stated that a copy could be made; however, they become out-
dated very quickly. Councilman Miller stated that, under the cabinet ordinance, there was a pro-
vision that annual reports must be filed by each department. He asked about that, indicating that
all the annual reports have not been filed. Mr. Hunt could not answer that question. Councilman
Kopczynski talked about the possibility of deleting any positions within the city budget. Mr. Hunt
stated that hopefully the Council and administration could work together to determine job classifi-
cations and salaries. Councilman Newburn wondered who would establish the productivity of the
positions. He felt this would have to be up to the department head and the Council would have to
rely upon that information. He felt that, from that, the Council would be able to make a determina
tion as to the salaries and employees. Mr. Hunt agreed. He suggested that perhaps an expanded
Personnel Department would be needed to carry out the matter. Councilman Szymkowiak felt the
department heads should submit a report to the Council on employee classifications. Mr. Hunt state
that a study was made to determine classifications and skills. He stated that the employees them-
selves were not evaluated. Mr. Douglas Hunt, the Administration Assistant of the Director of Human
Resources and Economic Development, stated that he had administered the IPA grant and the employee'
supervisor, department head and personnel director were involved to a great extent. He stated that
this was the process that would be utilized and it involved every level of management. He stated
that the point of the report was to say that this would take a great deal of cooperation and many
items would have to be cleared up. Councilman Szymkowiak felt this was the responsibility of the
Personnel Department, and he objected to the idea that an expanded Personnel Department might be
needed. Mr. Douglas Hunt stated that, when the study was made, the employees were not evaluated;
the skills and qualifications of the jobs were determined. Councilman Kopczynski asked about the
experience, education and background of the Director of the Department of Administration and
Finance and the Personnel Director. He stated that he would appreciate receiving that information.
Mr. Richard Hunt indicated that he was not in a position to give that information. Council Preside
Nemeth thanked Mr. Hunt for his presentation.
(PETITION TO AMEND ZONING ORDINANCE
I (We), the undersigned, do hereby respectfully make application and petition the
Common Council of the City of South Bend, Indiana, to amend the Zoning Ordinance of the
City of South Bend as hereinafter requested, and in support of this application, the
following facts are shown:
1. The property sought to be rezoned is located at 1031 Widener Lane, South Bend,
Indiana, and an adjoining unimproved parcel of land to the West of 1031 Widener Lane,
legally described as set out in the description herein, both parcels having an approxi-
mate two hundred fifty -two (252') foot frontage on Widener Lane.
2. The property is owned by Mrs. Monica M. Peak, 1249 East Jefferson Boulevard,
South Bend, Indiana.
3. A legal description of the property is as follows:
A part of the Southeast Quarter (4) of Section Number Twenty -five (25)
in Township Number Thirty -seven (37) North, Range Number Two (2) East,
described as follows, viz: Beginning on the North line of a tract of
land heretofore conveyed to Harold C. Widener and Hildred R. Widener
as recorded in Deed Record 506, pages 548 -550 in the Office of the
Recorder of St. Joseph County, Indiana, at a point 191.01 feet West of
the East line of said Quarter Section; thence West along the North line
of said tract a distance of 110 feet; thence South parallel with the
East line of said Quarter Section a distance of 148.26 feet to the
Northerly line of Widener Lane; thence Easterly along the said Northerly
line of Widener Lane, a distance of 110.51 feet to a point on a line
that bears South and parallel with the East line of said Quarter Section
from the point of beginning; thence North a distance of 139.41 feet to
the place of beginning, and being known as Lot Numbered 30 as shown on
a Proposed Plat of Harold C. Widener's First Addition, Unit "B" in Centre
Township, and
A part of the Southeast Quarter (4) of Section Twenty -five (25),
Township Thirty -seven (37) North, Range Two (2) East, described as
follows, viz: Beginning on the North line of a tract of land heretofore
conveyed to Harold C. Widener and Hildred R. Widener as recorded in Deed
Record 506, pages 548 -550, in the office of the Recorder of St. Joseph
County, Indiana, at a point 40.01 feet West of the East line of said
Quarter Section; thence West along the North line of said tract 151
feet; thence South parallel with the East line of said Quarter Section
139.41 feet to the Northerly line of a proposed road known as Widener
Lane; thence Easterly along the Northerly line of said Widener Lane
151.7 feet to a point on a line that bears South and parallel with the
East line of said Quarter Section from the point of beginning; thence
North 127.65 feet to the point of beginning and, ;'.being known as Lot
Numbered Thirty -one (31) in the proposed plat of Harold C. Widener's
First Addition, Unit "B" in Centre Township.
4. It is desired and requested that the foregoing property be rezoned from "R"
or Residential use and "A" Height and Area District to "C -1" or Commercial Use and "B"
Height and Area District.
5. It is proposed that the property will be put to the following use and the
following building(s) will be constructed: office bank building.
6. Number of off - street parking spaces to be provided: 24.
IIREGULAR MEETING - RECONVENED (CONTINUED)
((PETITION TO AMEND ZONING ORDINANCE (CONTINUED)
7. Attached is (a) an original ordinance and 25 copies; (b) an original petition
and 20 copies; (c) a $10 filing fee; (d) an existing plot plan showing my property and
other surrounding properties; (e) names and addresses of all the individuals, firms or
corporations owning property within 300 feet of the property sought to be rezoned; and
(f) 5 copies of a site development plan.
Petition Prepared By:
Nicholas P. Cholis, Attorney
905 St. Joseph Bank Building
South Bend, Indiana 46601
s/ Monica M. Peak
Signature of Petitioner
1249 East Jefferson Boulevard
South Bend, Indiana
(Council President Nemeth indicated that action on the petition could be taken care of when the
ordinance pertaining to the petition had first reading.
11ORDINANCES, SECOND READING
11ORDINANCE NO. 5689 -74
AN ORDINANCE CREATING A DIVISION OF COMMUNITY
DEVELOPMENT WITHIN THE CITY OF SOUTH BEND.
This ordinance had second reading. Councilman Taylor made a motion to amend the ordinance as
amended in the Committee of the Whole, seconded by Councilman Miller. The motion carried.
Councilman Taylor then made a motion that the ordinance pass, as amended, seconded by Councilman
Miller. The ordinance passed by a roll call vote of eight ayes (Councilmen Serge, Szymkowiak, Mil
Taylor, Kopczynski, Horvath, Newburn and Nemeth) with Councilman Parent absent.
(ORDINANCE NO. 5690 -74 AN ORDINANCE ESTABLISHING THE SOUTH BEND
COMMISSION ON THE STATUS OF WOMEN.
This ordinance had second reading. Councilman Newburn made a motion that the ordinance be.amended
as amended in the Committee of the Whole, seconded by Councilman Taylor. The motion carried.
Councilman Newburn then made a motion that the ordinance pass, as amended, seconded by Councilman
Taylor. The ordinance passed by a roll call vote of eight ayes (Councilmen Serge, Szymkowiak,
Miller, Taylor, Kopczynski, Horvath, Newburn and Nemeth) with Councilman Parent absent.
((ORDINANCES
AN ORDINANCE AMENDING AND SUPPLEMENTING
CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH
BEND, INDIANA (southwest corner of State
Road 23 and Locust)
and
AN ORDINANCE AMENDING AND SUPPLEMENTING
CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH
BEND, INDIANA (northwest corner of Linden
and Chippewa)
and
AN ORDINANCE AMENDING AND SUPPLEMENTING
CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH
BEND, INDIANA (State Road 23, U.S. 20 -31
Bypass and Linden Road).
t uncilman Kopczynski made a motion to strike the above three ordinances from the files, seconded d Councilman Taylor. The motion carried.
((ORDINANCE NO. 5691 -74 AN ORDINANCE REGULATING VEHICLE PARKING.
This ordinance had second reading. Councilman Taylor made a motion to amend the ordinance as
amended in the Committee of the Whole, seconded by Councilman Kopczynski. The motion carried.
Councilman Szymkowiak then made a motion that the ordinance pass, as amended, seconded by Counci
Kopczynski. The ordinance passed by a roll call vote of six ayes (Councilmen Serge, Szymkowiak,
Taylor, Kopczynski, Newburn and Nemeth) and two nays (Councilmen Miller and Horvath) with Counci
Parent absent.
ORDINANCE NO. 5692 -74
AN ORDINANCE APPROVING A CONTRACT BETWEEN
THE CITY OF SOUTH BEND AND LANDMARK OF
INDIANA, INC. FOR THE PURCHASE OF REAL ESTATE
IN THE AMOUNT OF $163,000.00 AND COMMITMENT
FOR THE APPROVAL OF APPROPRIATION OF FUNDS
THEREFOR.
This ordinance had second reading. Councilman Horvath made a motion that the ordinance pass,
seconded by Councilman Szymkowiak. The ordinance passed by a roll call vote of six ayes
(Councilmen Serge, Szymkowiak, Kopczynski, Horvath, Newburn and Nemeth) and two nays (Councilmen
Miller and Taylor) with Councilman Parent absent.
ORDINANCE NO. 5693 -74
AN ORDINANCE APPROPRIATING $6,000.00 FROM
THE FEDERAL ASSISTANCE GRANT COMMONLY
REFERRED TO AS GENERAL REVENUE SHARING, FOR
VARIOUS PARK DEPARTMENT PROGRAMS, TO BE
ADMINISTERED BY THE CITY OF SOUTH BEND
THROUGH ITS DEPARTMENT OF PUBLIC PARKS.
This ordinance had second reading. Councilman Taylor made a motion that the ordinance pass, seco
REGULAR MEETING JUNE 24, 1974
REGULAR MEETING - RECONVENED (CONTINUED)
by Councilman Szymkowiak. The ordinance passed by a roll call vote of eight ayes (Councilmen
Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Newburn and Nemeth) with Councilman Parent
absent.
RESOLUTIONS
RESOLUTION NO. 429 -74
A RESOLUTION FINDING AND ADJUDGING THAT
THE FINANCING OF FACILITIES FOR CURTIS
PRODUCTS, INC., AN INDIANA CORPORATION, BY
THE ISSUANCE BY THE CITY OF SOUTH BEND,
INDIANA, OF ITS INDUSTRIAL 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 Public Law No. 182 of the Acts of the General Assembly
of Indiana for 1973, as such may be amended from time to time, including but not limited
to IC 18- 6 -4.5 -2 through IC 18- 6- 4.5 -28, hereinafter referred to as the "Act "; and
WHEREAS, Curtis Products, Inc. has filed an application with the Commission to
finance the acquisition of real estate and the construction thereon of an industrial and
manufacturing 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 June 7, 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 Curtis 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 financing for Curtis Products, Inc., an Indiana corporation, 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, explained that, on June 7th, the commission held a hearing and
adopted a resolution finding that the financing complied with the purposes of the Development Act.
He introduced Mr. Charles Boynton, the attorney for Curtis Products, practicing law at 725 St.
Joseph Bank Building. Mr. Boynton stated that Curtis Products has been in South Bend manufacturin
brake lines and transmission lines since 1959 in the Bronson - Carroll Street area. He stated that
the proposed addition would cost $450,000 and would be at the southeast corner of Bronson and
Carroll. Mr. Boynton stated that the water and sewers are installed and the 20 -year bond has been
placed. He was of the opinion that 30 to 60 new employees would be hired with the expansion of th
firm, and the plant would be a single -story facility. He introduced Mr. Gene Young, Vice Presiden
of Sales of Curtis Products.
Councilman Horvath made a motion that the resolution be adopted, seconded by Councilman Szymkowiak.
The resolution passed by a roll call vote of eight ayes (Councilmen Serge, Szymkowiak, Miller, Tayl
Kopczynski, Horvath, Newburn and Nemeth) with Councilman Parent absent.
RESOLUTION NO. 430 -74 A RESOLUTION OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, APPROVING
THE ISSUANCE AND SALE OF PARK DISTRICT BONDS
OF THE BOARD OF PARK COMMISSIONERS OF THE
PARK DISTRICT OF THE CITY OF SOUTH BEND,
SOUTH BEND, INDIANA, FOR THE PURPOSE OF
FAQVIDING FUNDS TO BE APPLIED ON THE
CONSTRUCTION OF A WHITE WATER WAY PARK,
ISLAND PARK DEVELOPMENT, PIER PARK DEVELOP-
MENT AND CENTENNIAL PARK DEVELOPMENT AND FOR
THE ACQUISITION OF APPROXIMATELY EIGHT (8)
ACRES OF LAND ADJACENT TO THE WHITE WATER
WAY PARK; AND FOR THE COMPLETE RENOVATION
OF POTAWATOMI PARK ZOO, A PUBLIC PARK WITHIN
THE CITY OF SOUTH BEND, INDIANA.
REGULAR MEETING JUNE 24 1974
IIREGULAR MEETING - RECONVENED (CONTINUED)
11RESOLUTION NO. 430 -74 (CONTINUED)
WHEREAS, the Board of Park Commissioners of the Park District of the City of
South Bend has determined to take the necessary steps for the construction of a White
Water Way Park, Island Park Development, Pier Park Development and Centennial Park
Development and for the acquisition of approximately eight (8) acres of land adjacent
to the White Water Way Park; and for the complete renovation of Potawatomi Park Zoo,
a public park within the City of South Bend, Indiana; and
WHEREAS, a petition has been filed under the provisions of Chapter 119 of the
Indiana Acts of 1937 by more than fifty (50) owners of taxable real estate of the City
of South Bend, Indiana, requesting said Board of Park Commissioners of the Park District
of the City of South Bend to issue park district bonds for the purpose of providing funds
to be applied on the construction of a White Water Way Park, Island Park Development,
Pier Park Development and Centennial Park Development and for the acquisition of approxi-
mately eight (8) acres of land adjacent to the White Water Way Park; and for the complete
renovation of Potawatomi Park Zoo, a public park within the City of South Bend, Indiana,
and on the payment of the incidental expenses in connection therewith and on account of
the issuance of bonds therefor; and
WHEREAS, the Common Council finds that the construction of such park and park
development, the acquisition of approximately eight (8) acres of land and the complete
renovation of Potawatomi Park Zoo by the Board of Park Commissioners of the City of
South Bend, Indiana, is in the best interest of and will be for the general benefit of
the City and its citizens; and
WHEREAS, said Common Council agrees that such project must be funded by the
issuance of park district bonds; and
WHEREAS, it is necessary for there to be an appropriation in an amount not to
exceed One Million Seven Hundred Thousand Dollars ($1,700,000.00), in order that the
above projects proceed.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend,
Indiana:
That the proposed issuance of park district bonds by the Board of Park Commissioners
of the Park District of the City of South Bend, Indiana, in an amount not to exceed One
Million Seven Hundred Thousand Dollars ($1,700,000.00), the purpose of which is to pro-
vide funds to be applied on the construction of a White Water Way Park, Island Park
Development, Pier Park Development and Centennial Park Development and for the acquisi-
tion of approximately eight (8) acres of land adjacent to the White Water Way Park; and
for the complete renovation of Potawatomi Park Zoo, a public park within the City of
South Bend, Indiana, is hereby approved.
s/ Roger 0. Parent
Member of the Common Council
A public hearing was held on the resolution at this time. Mr. James Seitz, Director of the
Department of Public Parks, explained that the Board of Park Commissioners was requesting the
Council to approve the resolution authorizing the Park Board to proceed with the legal requirement
for the issuance of $1.7 million dollars of Park District Bonds. He stated that the proposed bond
issue would be for $700,000 for the first phase of the master plan for the renovation of the zoo;
$286,000 for the acquisition of three parcels of land adjacent to the Civic Center; $230,000 for
the development of Island Park; $39,000 for the development of Centennial Park; $140,000 for the
development of Pier Park; $250,000 for the development of the White Water Way; $19,000 for
architects' fees; $14,000 for attorney's fees and bond cost and $22,000 for contingencies. Mr.
Seitz indicated that, if revenue sharing funds or other funds would be available, the White Water
Way development would not be included in the proposed bond issue and that money then would be
designated for the zoo renovation. He stated that the Park Board could eliminate any of the pro-
jects within the bond issue but could not change them.
Councilman Kopczynski wondered if the resolution contained any funds for development of the
Belleville Gardens Park, and Mr. Seitz indicated that it did not. Councilman Miller asked who
would issue the bonds, and Mr. Seitz indicated that this hearing was to be the last hearing on the
bond issue and the Park Board would then negotiate and sign the bonds. He stated that the $1.7
million dollar figure could not be increased. Councilman Miller wondered if some of the areas
within the bond could be changed, and Mr. Seitz explained that certain items can be taken out but
there could be no changes. Councilman Miller stated that he was concerned about the issuance of t
bonds for the Civic Center project. Mr. Seitz indicated that the Park Board had approved the
financing and would eventually hold about three public hearings on the necessary resolutions.
In January or February, it was hoped the bonds could be sold. Mr. Seitz indicated that the first
hearing would be in July. Councilman Miller made a motion to table the resolution and place it on
the agenda for the July 8th Council meeting, seconded by Councilman Kopczynski. Council President
Nemeth asked about the timetable on the development of Belleville Gardens. Mr. Seitz indicated
that the ball diamond was being constructed. Councilman Kopczynski asked if the improvements to b
made at Belleville Gardens would only be handled through the Park Department budget, and Mr. Seitz
indicated that they would. Councilman Serge could see no reason to table the issue. Councilman
Miller explained that he was somewhat confused on what the bond issue covered. He wanted some tim
to evaluate the plans for the land acjacent to the Civic Center. Mr. Seitz explained that the
resolution was proposed in the broadest scope possible. He urged the Council to pass the resoluti
He stated that any of the items could be deleted, if desired. The motion to table the resolution
lost.
Councilman Newburn made a motion that,the resolution be adopted, seconded by Councilman Serge. Tr
resolution passed by a roll call vote of eight ayes (Councilmen Serge, Szymkowiak, Miller, Taylor,
Kopczynski, Horvath, Newburn and Nemeth) with Councilman Parent absent.
(REGULAR MEETING - RECONVENED (CONTINUED)
(ORDINANCES, FIRST READING
(ORDINANCE NO. 5694 -74
AN ORDINANCE APPROVING THE FORM AND TERMS
OF LEASE AND TRUST INDENTURE AND INDUSTRIAL
DEVELOPMENT REVENUE BONDS, AND AUTHORIZING
THE EXECUTION THEREOF PERTAINING TO CURTIS
PRODUCTS, INC.
This ordinance had first reading. Councilman Taylor made a motion to suspend the rules and take
action on the ordinance, seconded by Councilman Horvath. The motion carried by a roll call vote of
eight ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Newburn and Nemeth)
with Councilman Parent absent. This ordinance then had second reading. Mr. Kenneth Fedder, Attorn
for the South Bend Development Commission, requested that the Council amend the ordinance to insert
the date of November 1 in the blank line on page 2. Councilman Newburn made a motion to amend the
ordinance to insert the date of November 1 on page 2 of the ordinance, seconded by Councilman
Horvath. The motion carried. Councilman Horvath then made a motion that the ordinance pass, as
amended, seconded by Councilman Szymkowiak. The ordinance passed by a roll call vote of eight ayes
(Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Newburn and Nemeth) with
Councilman Parent absent.
�IORDINANCE AN ORDINANCE CREATING A DIVISION OF COMMUNITY
DEVELOPMENT WITHIN THE CITY OF SOUTH BEND.
(Councilman Newburn made a motion to strike the ordinance from the files, seconded by Councilman
Taylor. The motion carried.
ORDINANCE AN ORDINANCE TO AMEND SECTION 15 -16 OF THE
MUNICIPAL CODE OF THE CITY OF SOUTH BEND,
INDIANA, AS AMENDED.
This ordinance had first reading. Councilman Newburn made a motion that the ordinance be set for
public hearing and second reading on July 8, 1974, seconded by Councilman Taylor. The motion
carried.
ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER
40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA
(1031 Widener Lane).
This ordinance had first reading. Councilman Kopczynski made a motion that the ordinance, along
with the petition, be referred to the Area Plan Commission, seconded by Councilman Taylor. The
motion carried.
ORDINANCE AN ORDINANCE FIXING MAXIMUM SALARIES AND WAGES
OF APPOINTED OFFICERS AND EMPLOYEES OF THE
CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 1975.
This ordinance had first reading. Mr. Richard Hunt, Deputy City Controller, requested that the
Council make the following amendments to the ordinance:
On page 1, Section IV, amend Human Relations & F.E.P.C. to read "Human Rights ".
On page 2, Section VI, insert the following:
Youth Service Bureau
Director, Executive ....................... $15,000
Assistant Director ........................ 12,500
Director - School Service Coordinator ....... 10,000
Outreach Worker ........................... 8,500
On page 6, Section X, delete the following positions and include them under Section VIII,
Bureau of Water:
Billing Department Coordinator $ 7,321
Internal Control Supervisor 13,200
Customer Relations Supervisor 7,763
Head Cashier .. ............................... 6,441
Council President Nemeth asked that the salaries from last year of the personnel in the Youth
Service Bureau be furnished the Council prior to the budget hearing. Councilman Miller wondered if
the changes as requested by Mr. Hunt had to be proposed by the Mayor. Council President Nemeth
stated that the Council has no power to increase, and he also wondered if the Council had the
authority to amend the ordinance without a recommendation from the Mayor. Mr. Robert Parker, Chief
Deputy City Attorney, assumed that the amendments were being made on behalf of the Mayor and this
was permissible. Council President Nemeth suggested that the Council amend the ordinance as
requested; however, that the Mayor confirm the amendments in order to avoid any technicalities
which might affect the passage of the ordinance. Councilman Newburn made a motion to amend the
ordinance as requested by Mr. Hunt, seconded by Councilman Horvath. The motion carried. Councilma
Taylor made a motion that the amended ordinance be set for public hearing and second reading on
July 8, 1974, seconded by Councilman Serge. The motion carried. Council President Nemeth requeste
that the total dollar amount of the ordinance be furnished to the Council and an estimate of the
increase in the assessed valuation and the increase in the amount of money to be received by the
city.
ORDINANCE AN ORDINANCE APPROPRIATING THE SUM OF
$10,000 FROM THE CUMULATIVE SEWER BUILDING
AND SINKING FUND TO PROJECT CS -7, 1974,
THE RECONSTRUCTION OF THE OLIVE STREET
SANITARY TRUNK SEWER FROM INDIANA AVENUE
TO DELAWARE STREET.
This ordinance had first reading. Councilman Kopczynski made a motion that the ordinance be set fo
public hearing and second reading on July 8, 1974, seconded by Councilman Taylor. The motion carri c
REGULAR MEETING JUNE 24, 1974
REGULAR MEETING - RECONVENED (CONTINUED)
ORDINANCE AN ORDINANCE TO APPROPRIATE $16,300 FROM THE
CUMULATIVE CAPITAL IMPROVEMENT FUND, LINE
ITEM 260.0, AND $146,700 FROM THE LOCAL ROAD
AND STREET FUND TO PROJECT R & S 61, MICHIGAN
STREET -MAIN STREET CONNECTOR, WITHIN THE
LOCAL ROADS AND STREETS FUND.
This ordinance had first reading. Councilman Serge made a motion that the ordinance be set for
public hearing and second reading on July 8, 1974, seconded by Councilman Taylor. The motion
carried.
ORDINANCE AN ORDINANCE APPROPRIAATING THE SUM OF
$150,000.00 FROM THE CUMULATIVE SEWER
BUILDING AND SINKING FUND (EDISON ROAD
TRUNK SEWER -PHASE I).
This ordinance had first reading. Councilman Horvath made a motion that the ordinance be set for
public hearing and second reading on July 8, 1974, seconded by Councilman Taylor. The motion
carried.
ORDINANCE AN ORDINANCE TRANSFERRING $3,726.00 FROM
ACCOUNT NUMBER 110.0, "SERVICES PERSONAL ",
TO ACCOUNT NUMBER 252.0, "REPAIRS OF EQUIPMENT ",
BOTH ACCOUNTS BEING WITHIN THE FIRE DEPARTMENT
BUDGET OF THE GENERAL FUND OF THE CITY OF
SOUTH BEND, INDIANA.
This ordinance had first reading. Councilman Horvath made a motion that the ordinance be set for
public hearing and second reading on July 8, 1974, seconded by Councilman Taylor. The motion
carried.
ORDINANCE AN ORDINANCE APPROPRIATING $20,000.00 FROM
THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED
TO AS GENERAL REVENUE SHARING, FOR VARIOUS
PUBLIC PARKS PROGRAMS, TO BE ADMINISTERED BY
THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT
OF PUBLIC PARKS.
This ordinance had first reading. Councilman Horvath made a motion that the ordinance be set for
public hearing and second reading on July 8, 1974, seconded by Councilman Taylor. The motion
carried.
ORDINANCE AN ORDINANCE APPROPRIATING $12,250.00 FROM
THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED
TO AS GENERAL REVENUE SHARING, FOR VARIOUS
PUBLIC SAFETY PROGRAMS, TO BE ADMINISTERED
BY THE CITY OF SOUTH BEND THROUGH ITS
DEPARTMENT OF PUBLIC SAFETY.
This ordinance had first reading. Councilman Horvath made a motion that the ordinance be set for
public hearing and second reading on July 8, 1974, seconded by Councilman Taylor. The motion
carried.
UNFINISHED BUSINESS
Council President Nemeth indicated that the ordinance passed by the Common Council on June 10, 197'
pertaining to licensing of bicycles, being Ordinance No. 5686 -74, had been officially vetoed by
'Mayor Miller on June 20, 1974. He explained that another vote on the ordinance was needed, and an
"aye" vote would mean a vote for passage of the ordinance and an override of the veto; and a "nay"
vote would mean a vote to sustain the veto. The Mayor's veto was sustained by a vote of three nay!
(Councilmen Serge, Horvath and Newburn) and five ayes (Councilmen Szymkowiak, Miller, Taylor,
Kopczynski and Nemeth) with Councilman Parent absent.
Council President Nemeth indicated that the ordinance passed by the Common Council on June 10, 1974
repealing prior bicycle laws, being Ordinance No. 5685 -74, had been officially vetoed by Mayor
Miller on June 20, 1974. The Mayor's veto was sustained by a vote of three nays (Councilmen Serge,
Horvath and Newburn) and five ayes (Councilmen Szymkowiak, Miller, Taylor, Kopczynski and Nemeth)
with Councilman Parent absent.
Council President Nemeth indicated that the ordinance passed by the Common Council on June 10, 197
pertaining to'animals running at large, being Ordinance No. 5683 -74, had also been officially
vetoed by Mayor Miller on June 20, 1974. Council President Nemeth stated that a question had aris
concerning the ordinance and a dog pound had been mentioned. He clarified that point, indicating
that the ordinance had not provided that the city establish a pound, but that the dogs be placed i
the custody of the Humane Society or destroyed. The Mayor's veto was sustained by a vote of three
nays (Councilmen Serge, Horvath and Newburn), and five ayes (Councilmen Szymkowiak, Miller, Taylor,
Kopczynski and Nemeth) with Councilman Parent absent.
Councilman Newburn made a motion that the annexation ordinances for German, Clay and Portage Towns ps
(24 square miles) and German Township (6 square miles), which ordinances had public hearing on
March 25, 1974, have second reading on July 8, 1974, seconded by Councilman Horvath. The motion
carried.
Councilman Kopczynski made a motion that any and all proposed ordinances filed with the City Clerk
pertaining to vehicle parking, snow removal and street cleaning be stricken from the files, second
by Councilman Horvath. The motion carried.
Councilman Serge requested that a letter be written to the City Engineer concerning the possibilit
of constructing a guardrail between Ribourde Drive and Boland Drive. He stated that there have be
a few accidents recently at that location, and he felt a guardrail would improve the situation.
641_
GULAR MEETING - RECONVENED (CONTINUED)
Mr. Robert Parker, Chief Deputy City Attorney, explained to the Council the $3,000 figure to be
paid to Landmark, Inc., in addition to the $160,000 figure for the purchase of the land for the
Marion Street connector. He stated that the $3,000 amount would cover monies expended by the
corporation in the proposed development of the land which was done prior to the city making negotia
tions for purchase of the land, such as site development plans, engineering plans, a survey, lease
negotiations with Rustler Steak House, financing arrangements for the purchase of the land,
engineering plans and feasibility studies and various public body hearings such as the Public
Transportation Corporation and Area.Plan Commission. He mentioned that two of the appraisals for
the property had been $160,000, while the third appraisal had been between $160,000 and $170,000.
There being no further business to come before the Council, unfinished or new, Councilman
Kopczynski made a motion that the meeting be adjourned, seconded by Councilman Taylor. The motion
carried and the meeting adjourned at 11:05 p.m.
ATTEST: APP OVE
CITY CLERK PRESIDENT 0
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