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HomeMy WebLinkAbout07-08-74 Council Meeting Minutes++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++ +++++++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + +i REGULAR MEETING JULY 8, 1974 Be it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Monday, July 8, 1974, at 7:08 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, Newburn and Nemeth. ABSENT: Councilman Horvath. ouncilman Kopczynski made a motion that the Council resolve into the Committee of the Whole, seco v Councilman Taylor. The motion carried. COMMITTEE OF THE WHOLE MEETING Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on Monday, July 8, 1974, at 7:09 p.m., with eight members present and one member absent. Chairman Odell Newburn presided. AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 40, MUNICIPAL CODE) 3027 McKinley Avenue. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Jack C. Dunfee, Jr., 645 First Bank Building, indicated that he was the attorney representing the petitioner, Larry Nifong. He referred to an overlay of the property in question and explained that the petitioner was requesting a change in the zoning from "A" Residential to "B" Residential, subject to a final site development plan and no change in the existing structure. He stated that last year, the petition was favorably recommen by the Area Plan Commission to the Council; however, the Council had turned down the petition. Mr. Dunfee indicated that, since that time, McKinley has been widened and would be able to better handl traffic. He stated that, in order to have the real estate office at that location, Mr. Nifong had been living in the home but now had decided he wanted the home to be used strictly for his realtor business. Mr. Dunfee stated that, since Mr. Nifong has been in residence in the area, the area has been.improved greatly and not one resident had approached Mr. Nifong to complain about the usag of the property. Last month, the Area Plan Commission again approved the rezoning and only one remonstrator appeared at the hearing. Mr. Dunfee stated that the property is subject to a use specified site plan and would only be used as a realtor's office. Mr. Edwin Gonter, 534 Preston Drive, requested that the Council not approve the rezoning because of the restrictions placed on the single family residence by the developer. He stated that it was recommended by the Area Plan Commission that this type of zoning be ended on McKinley, and he felt if the property was rezoned, it would constitute spot zoning. He indicated that the Common Council had turned down the rezoning of property on the opposite side of the street. He stated that the doctor's office that had been approved in the area did not follow the site plan and there was a problem with parking and, snow removal. Councilipn Parent asked about the size of the parking area on the property at the present time, and Mr. Dunfee stated that there were three to four parking spaces. He stated that the site development plan indicated that a paving operation would be con - ducted and the parking would be expanded. He submitted a copy of the site plan to the Council members. Councilman Parent urged the Council to vote against the rezoning. He indicated that it has been stated that McKinley Avenue was not a desirable place for residences because of the amount of traffic, etc. He felt this was not a reason to justify the rezoning. He felt there was an overall community need for residential living in the area. Councilman Szymkowiak wondered about the number of people to be employed. Mr. Dunfee stated that there would be approximately three to five employees. Councilman Szymkowiak wondered if there would be ample parking, and Mr. Dunfee stated that there would not be more than six parking spaces which would be sufficient. He stated that, for this reason, the number of employees to be hired would be limited and the realtor's office would be a small operation. Councilman Szymkowiak felt there would not be enough parking spaces and for this reason he would not vote in favor of the rezoning. Mr. Dunfee reminded the councilmen that the Area Plan Commission had recommended the matter favorably and approved the parking plan as being adequate. Councilman Parent made a motion that the ordinance not be recommended favorably to the Council seconded by Councilman Taylor. Council President Nemeth req csted a roll call vote on the motion. led REGULAR MEETING JULY 8 1974 COMMITTEE OF THE WHOLE MEETING (CONTINUED) The motion carried by a roll call vote of six ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor and Newburn) and two nays (Councilmen Kopczynski and Nemeth) with Councilman Horvath absent. ORDINANCE AN ORDINANCE TO AMEND SECTION 15 -16 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given the opportunity to be heard. Mr. James Groves, 2210 American National Bank Building, made the presentation for the ordinance. He indicated that he was representing the Courtesy Cab Company in its request for an increase in the mileage rate. He stated that the ordinance that was draft -d indicated an increase to 254 per half mile. He indicated that this should be amended to be 10� per one -fifth mile. He requested that the Council make the amendment. Council President Nemeth asked for a copy of the amendment for the Council to study. Mr. Groves stated that an increase in the waiting time was also being requested. He stated that the price of gasoline has increased drastically and the individual cab owners could not operate their cabs like the large corporations could. The increases in rates in other cities far surpassed the rate increase being requested. He explained that the independent cab owners hire drivers to run the cabs on other shif +-s, and desirable cab drivers could not be hired because of the cost to the cab owner. He stated that, if the independent cab owners were driven out of business, the service to South Bend would decrease to such a point that it would be a drastic situation. Mr. Kevin Butler, 1221 St. Joseph Bank Building, indicated that he was representing Indiana Cab and Yellow Cab Companies. He talked about the number and kinds of people who utilize the cabs, and he requested that the Council delay action on the matter so that the representatives of the various cab companies could meet and discuss the proposed increase in order to develop a longer -range approach to the problem. Councilman Parent made a motion that the ordinance be continued to the next regularly scheduled Council meeting, s- conded by Councilman Taylor. Council President Nemeth asked for comments regarding the motion from Mr. Groves. Mr. Groves felt that, if there were legitimate issues to discuss, he would not object to the continuance. Councilman Kopczynski ask -d if Mr- Butler had worked with the cab companies on the increase approved last year, and Mr. Butler indicated that he had. Mr. Groves stated that there had been very little cooperation among the companies last year on the issue. Council President Nemeth stated that the next regular meeting would be quite a lengthy meeting, and he wondered if the ordinance should be continued into August. Chairman Newburn indicated that the Council could make that decision in the Council portion of the meeting. The motion carried. ORDINANCE AN ORDINANCE FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED nFFICERS AND EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 1975. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mayor Jerry J. Miller made the presentation for the ordinance. He stated that the 1975 budget would be very difficult to prepare and he stated that the city was faced with many problems that made the task almost impossible. He talked about the problems of inflation and the "sky rocket" in the cost of living. He stated that pay to the employees has only been increased about 62% and the tax package takes the decision - making process out of the city's hands. He recommended that the top priority for 1975 be given to the city employees because of the additional workloads to employees and the successes of the programs despit the increased workloads. He felt the employees should be rewarded for their good service. He stated that the option must be kept open and the "across the board increase justified ". He stated that the maximum amount of salaries was being set, even though payment of this might have to be delayed for a period of time. He stated that if, in 1975, the money is not available, the increase salaries would have to be delayed until the necessary income was available. He asked that the Council approve the increases as submitted in the ordinance. He stated that, during budget hearing positions can be eliminated, and he recommended that all other increases for 1975 be cut to the increases of 1974 in order to give the employees an increase in salaries. He spoke highly of the majority of the city employees and he hoped the Council would give the employees top priority and increase their salaries 10 %. Mr. James Roemer, City Attorney, stated that he was representing the negotiating teams of the city, and he stated that in the negotiations, 20% increases were requested in some cases, additional holiday and vacation time was requested, full cost of the insurance was asked for; likewise, an arbitration clause, etc. He stated that all of these requests had been turned down, and he hoped that the 10% would be approved because he felt it was "eminently reasonab and fiscally sound ". Mr. Maurice Cohen, 725 East Eckman Street, stated that the Mayor has created various positions within the salary ordinance without a resolution or ordinance approved by the Council. He talked about the average worker and the inadequate salaries, and the increased salaries and cars furnished to the cabinet directors. Mr. Michael Lawrence, representing Teamsters Local 364, stated that the Teamsters Local 364 represented about 350 members employed by eight bureaus of the City of South Bend and the South Bend Park Department. He briefly talked about the negotiations and the proposal for a general hourly rate increase of 60� per hour. He talked about the problems of inflation, rising costs in food prices and other items and consumer prices. He stated that last year, the employees were granted an increase of 9� per hour which was about 22% during a year when the cost of living had risen 8.8 %. Mr. Lawrence stated that the union was strongly opposed to the administr tion's proposal of a 10% increase in salaries because it was not a fair increase to all employees. He suggested that the budget be translated into the largest possible hourly rate increase for those employees who earned less than $10,000 a year, and then the other responsibilities of the city be met. He talked about the requested arbitration clause and the possible delay of implementing the maximum salaries in 1975. Miss Virginia Guthrie, Consultant and member of the Board of Directors of the Civic Planning Association, stated that the association was of the opinion that the city could not afford a 10% increase in wages under the present $4.88 property tax rate or even under th statutory maximum rate of $5.00.. She urged the Council to reduce the increases to a point where th $5.00 or less tax rate would be adequate to cover the salary increases and all other increases in the 1975 budget. She briefly talked about the property valuation increase and the increased revenues from property taxes of $612,000. She stated that the association did not feel the city should rely on revenue sharing funds to pay the salaries of permanent city employees. She conclude by stating that the proposed ordinance contained some increases well above the 10% and some new ipositions as well, and the association felt that each new position should be thoroughly justified; Ua REGULAR MEETING JULY 8, 1974 OMMITTEE OF THE WHOLE MEETING (CONTINUED) further, that the Council delay action on the salary ordinance until data on the other budget items was provided by the administration. She disagreed with Mayor Miller's statement that the tax package takes the decision - making process out of the city officials' hands. She reminded Mayor Miller that he had voted in favor of that tax package. Mr. Paul Bognar, 805 West Washington Street stated that the Council had the final say on the budget, and he agreed with Miss Guthrie that the Council delay the issue unless the Council could guarantee the increase in salaries. Mr. James Barcome, City Controller, proposed certain amendments to the salary ordinance to include the positions within the Community Development Department, as follows: Executive Director $24,900.00 Deputy Director - Community Development 875.00 Intergovernmental Coordinator 14,520.00 Intergovernmental Coordinator /Grants 4.86 Person 9,459.00 Auditor II 10,175.00 Bookkeeper /Secretary 8,100.00 Accounting Clerk III 7,370.00 Financial Administrator 15,068.00 Auditor III 11,495.00 Planner 13,200.00 Project Director 6,850.00 Secretary II 6,270.00 Chief Financial Advisor 5,500.00 Inspector III 9,151.00 Executive Secretary 9,000.00 Administrative Secretary 7,370.00 Secretary III 6,820.00 Secretary II 6,270.00 Secretary I 5,720.00 Assistant Director 15,000.00 Bookkeeper 6,864.00 Architect (Redevelopment) 11,200.00 Engineer 13,970.00 Property Management 12,870.00 Real Estate Officer 12,870.00 Draftsman 9,200.00 Clerk 5,940.00 Maintenance 5,720.00 Councilman Kopczynski wondered about the salaries paid to the janitors and he stated that he felt these men were underpaid. Mr. Walter Lantz, Chief Deputy Controller, proposed further amendments to the ordinance, as follows: the insertion of the positions of Foreman I at $8,884, Foreman II a $9,639, and Foreman III at $10,336 in the Bureau of Water; and the change in the hourly rates of the following classifications in the Bureau of Wastewater: Chief Operators $4.57 HR. Operators 4.29 HR. Chief Mechanic 4.86 HR. Mechanic Master 5.06 HR. Mechanic 4.69 HR. Mechanic's Helper 4.10 HR. Electrician 4.86 HR. Electrician's Assistant 4.10 HR. Painter 4.10 HR. Yard Man 4.43 HR. Janitor 3.48 HR. Compressor Room Operator 4.40 HR. Skilled Labor II 3.98 HR. Councilman Kopczynski made a motion that the salary ordinance be amended to include the three posi- tions of Foreman I, II and III in the Bureau of Water, seconded by Councilman Parent. The motion carried. Councilman Kopczynski felt that any salaried position should be included in that particu- lar department. Mr. Barcome stated that, in 1971, the salary ordinance was separated at the Counci request. Councilman Kopczynski again stated that he felt the administrative positions should be pu into their respective department. Councilman Miller made a motion to amend the ordinance further b changing the hourly rates of the classifications in the Bureau of Wastewater as requested by Mr." Lantz, seconded by Councilman Kopczynski. The motion carried. Miss Guthrie talked about the increases in salaries for the following positions: Chief Deputy City Attorney, Controller, Director of Personnel, Chief Deputy Controller, the Administrative Assistant in the Human Resources Department, the office of Equal Employment Opportunity, the Director and Assistant Director of the Mayor's Action Center, Superintendent of Parks, Director of Public Safety, Assistant Building Commissioner, Division Manager of Transportation and the Mayor's Secretary. She wondered about the elimination of the Auditor position in the Waterworks budget. She asked if there was a fiscal officer in every department, and she wondered about the position of Legislative Assistant for the Council which was eliminated last year. Mayor Miller stated that the Equal Employment Opportunity Office was a requirement because of federal legislation in order to finance it through Community Development in 1975. He stated that the positions would not be funded if the legislation was not approved. Councilman Kopczynski requested an organizational chart on each department showing the various positions and the number of employees in each position. He talked about equal pay for equa work. Mr. Cohen wondered if a resolution or ordinance had been passed by the Council creating the Division of Transportation. Mr. Rollin Farrand, Director of the Department of Public Works, explai that the cabinet ordinance authorizes the creation -:of various positions. He stated that this was done under his signature and had been discussed briefly with the Council in caucus. He indicated that it had been his decision to make Mr. Decker the manager. Mr. Cohen wondered about Mr. Decker' duties. Mr. Farrand stated that he oversees the Building Bureau, Vehicle Maintenance and Streets Bureaus. He felt this position was justified because of the savings being realized by the city. Mayor Miller stated that this was not a new position. Council President Nemeth asked Mr. Lawrence about the number of teamsters he was representing, and Mr. Lawrence stated that there were about 350 members. Council President Nemeth wondered how many of those members contributed to the 1 club. Mr. Lawrence indicated that he could not answer that question. Council President Nemeth REGULAR MEETING JULY 8, 1974 COMMITTEE OF THE WHOLE MEETING (CONTINUED) wondered about the total payroll, and Mr. Lawrence stated that the average hourly rate was about $3.50. Councilman Serge asked if the city employees had to work 80 hours before they received time and a half. Mr. Lawrence stated that this has been true for a number of years for the specific pa period. He indicated that the federal government took action on that matter recently and the time and a half does apply to anything over 40 hours to all employees, except part -time and summer help. Mr. Mel Osler, a Street Department Steward, talked about the necessity of paving the city streets, the workload and labor of the employees and the inadequate wages given to the Street Department employees. Councilman Miller asked about the total cost of the proposed salary ordinance. Mr. Barcome indicated that 10 %would be $976,000. Councilman Miller questioned that amount, indicating that there were some new positions added and some increases were greater than the 100. He could no understand how the increase could be 10 %. He asked for a figure of the total increase in cost for the salaries. Mr. Barcome again stated that it was about $976,000. He stated that some of the positions would not be funded through the city budget. Councilman Miller stated that, under the cabinet ordinance, an annual report was to be submitted by the department heads. He felt these reports were very valuable in establishing priorities for the departments, and he wondered about the submission of the annual reports as required by the ordinance. Mr. Barcome indicated that the annual reports were quite expensive to prepare and this year, they were eliminated. Councilman Miller wondered how Mr. Barcome could make the decision to.eliminate the annual reports when they were required by ordinance. Councilman Parent stated that the Council was not fixing the number of positions of employees in the ordinance, and he felt the Council should go ahead and act wisely on the ordinance at the present time and not delay the matter. He felt the employees were deserving o a greater increase; however, it was not available compared to the cost of living. Councilman Parent made a motion that the ordinance be recommended favorably to the Council as amen seconded by Councilman Serge. The motion lost. Councilman Szymkowiak felt the salary issue was a very serious one, and he did not believe in a percentage increase because it was unfair to the employees receiving lower salaries. He stated that the cost of living has risen for everyone, and the same amount of increase should be given every employee. Council President Nemeth made a motion to continue the hearing on the salary ordinance to the July 22, 1974, meeting, seconded by Councilman Kopczynski. The motion carried. Council President Nemeth then made a motion to recess, seconded by Councilman Taylor. The motion carried and the Committee of the Whole recessed at 8:55 p.m. Reconvened at 9:20 p.m. 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 being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Jack Bland, Fire Chief,'made the presentatio for the ordinance. He stated that the request for the transfer was needed to cover the cost of rebuilding the engine in Engine No. 7 for $2,677; and to rebuild the transmission in Engine No. 11 for $1,047. Councilman Kopczynski wondered what had happened to the transmission. He asked about the number of miles on the engine. Mr. Bland indicated that the engine was a 1968 American LaFran and it had been rebuilt once before under the previous administration. He stated that there were alot of engine miles on the truck. Councilman Kopczynski asked if the same company would be re- building the engine, and Mr. Bland stated that it would be rebuilt by the company that manufacture the engine. Councilman Kopczynski asked that Chief Bland check into the possibility of finding a rebuilt engine at a lower cost. He asked if this had been done. Councilman Serge made a motion that the ordinance be recommended favorably to the Council, seconded by Councilman Parent. Councilman Szymkowiak felt that Councilman Kopczynski's question had not been answered, and Councilman Kopczynski stated that he felt the unit was defective and should not be rebuilt. The motion carried. 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 being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Rollin Farrand, Director of the Department of Public Works, made the presentation for the ordinance. He stated that the money would be used to engage the engineering firm of Murphy C- nsultants, pending the Council's approval of the ordinance, to do a total assessment of the situation and prepare final plans for rectifying the problems. He indicated that, in the last two years, the Bureau of Sanitation.had spent numerous man -hours and money in the repair of this particular sewer. He stated that it seemed each time a repair was made, another problem occurred in another location. He felt that the only way to take care of the problems was to have a new installation. He concluded by stating that, upon completion of the engineering phase, he would be returning to the Council for an appropriation to accomplish the construction phase. Miss Virginia Guthrie, Consultant and member of the Board of Directors of the Civic Planning Association, asked about the total cost of the project. Mr. Farrand indicated that that amount wa: not known at this time. Councilman Miller felt the work should be accomplished; however, he wondered how the figure of $10,000 was determined. Mr. Farrand indicated that this was based on ar estimate of man -hours and a standard engineering curve. Councilman Miller wondered if this could be accomplished "in- house ", and Mr. Farrand stated that, at the present time, the staff and workloz was such that it would not be warranted. Councilman Miller wondered about the standard engineerinc of the cost. Mr. Farrand stated that he was approaching 10% on this particular project. Councilm< i,Kopczynski wondered why the sewer had caused so many problems in the past. Mr. Farrand stated that the original sewer was a standard - strength sewer and the repairs have been extra - strength. There have been no problems with that material; however, the water level fluctuates and results in the movement of the tile, sometimes collapsing the pipe. When the area is dewatered, the same is very hard but when wet the problems arise. Councilman Kopczynski asked what the engineering company REGULAR MEETING JULY 8, 1974 E OF THE WHOLE MEETING (CONTINUED) ould recommend, and Mr. Farrand hoped the company would recommend a longer length of tile to crea rester stability, the separation of the storm water in the area, soils investigations, etc. ouncilman Kopczynski asked about types of piping and suspension, and Mr. Farrand briefly talked bout the length and types of the pipes and suspension. Councilman Szymkowiak made a motion that the ordinance be recommended favorably to the Council, seconded by Councilman Serge. The motion carried. INANCE 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 rONNECTOR, WITHIN THE LOCAL ROADS AND STREETS FUND.. 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 - rdinance. He explained that the funds would be used for the acquisi +ion of the right -of -way for the project, being the Turner Hall property. He stated that, last year, the Council had appropriated $20,000 to accomplish the design phase of the project. Miss Virginia Guthrie, Consultant and member of the Board of Directors of the Civic. Planning Association, asked how much of the property would be used for the connector. Mr. Farrand indicated that approximately 7,500 square feet would be utilized. Miss Guthrie asked if this cost included the entire project, and Mr. Farrand stated that this amount would cover the cost of the land acquisition, and the cost would be approximately $250,000 to $300,000 for the total right -of- way. He stated that the paving costs would be on the same order. Councilman Szymkowiak wondered when action would be taken on the project, and Mr. Farrand stated that, during 1975, the appro- priation could hopefully be made. ncilman Parent made a motion that the ordinance be recommended favorably to the Council, seco Councilman Szymkowiak. The motion carried. AN ORDINANCE APPROPRIATING THE SUM OF $150,000.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND.(Edison Road Trunk Sewer -Phase I). This being the time heretofore set for public hearing on the above ordinan ^e, 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 requested that the Council amend the ordinance by changing the amount of $150,000 to $110,000. Councilman Kopczynski made a motion to amend the ordinance as requested by Mr. Farrand, seconded by Councilman Parent. The motion carried Mr. Farrand then explained the project, indicating that the long range plans provide sewer service to Ardmore. The city planned to construct the first leg of the sewer by extending the present sewe in Lincolnway West to the Elwood Avenue or Edison Road through the Beacon Bowl property. He stated that the necessary easements for the construction have been negotiat -d. He indicated that the School Corporation is planning a school on Elwood just west of the city limits, and rather than construct a small sewer to service the school, the corporation has agreed to participate in the city's project at a cost of $15,000. Councilman Miller asked about the amount of money available in the Cumulative Sewer Fund, and Mr. Farrand indicated that $1.6 million was available. Councilma Miller wondered about the Randolph Street retention basin and the amount of funds necessary to start. that project. Mr. Farrand stated that, when the title problems were cleared up, the project could be started immediately. Councilman Szymkowiak wondered about plans for sewer expansion. Mr. Farrand assured him that consideration has been given to expansion of the sewers. Councilman Serge made a motion that the ordinance be recommended favorably to the Council, as amended, 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 PARK 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 were being requested for the renovation of the Newman Recreation Center. The structure which was built in 1928, is in dire need of roof repair because the water leaks through the roof causing the ceiling, walls and floors to be damaged. He felt the amount of $20,000 would be needed to repair the roof, and he indicated that he had pictures of the damages to the ceiling, walls and floor caused by the leaky roof. Councilman Taylor wondered how much improvement could be gotten for the $20,000, and Mr. Seitz indicated that, hopefully, some work could also be done on the floors in addition to the repair of the roof. Councilman Miller made a motion that the ordinance be recommended favorably to the Council, seco 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 being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Patrick Gallagher, Director of the Departmen of Public Safety, made the presentation for the ordinance. He explained that, for some time, ther REGULAR MEETING JULY 8, 1974 COMMITTEE OF THE WHOLE MEETING (CONTINUED) have been discussions with representatives from St. Joseph's Hospital and Memorial Hospital and th Medical Association for the implementation of a paramedic ambulance unit for the City of South Ben He stated that, during 1973, about one out of every five ambulance runs out of a total of 5,700 co have employed a paramedic unit. He stated that the funds would be used for the purchase of the necessary telemetry equipment.to convert one of the city's ambulances into such a unit. He briefl explained the program, stating that the Department of Public Safety would assign three firefighter to paramedic training which would be conducted under the supervision of the Medical Society and th cooperation of the local hospitals. The training program was anticipated to last approximately 50 hours. The Bureau of Fire would then operate the paramedic unit out of one of the two hospitals and have the capability of transporting patients to either hospital. The training would be on -goi as the paramedics would be assigned eight hours a day to answer calls from the hospital and would work in the emergency rooms under the supervision of the doctors and nurses when not actually on emergency calls. Mr. Gallagher indicated that the McGann ambulance service would also equip one o its ambulances as a paramedic unit and would provide personnel to work with the Bureau of Fire par (medic unit. He indicated that the amount of $9,000 was requested for the purchase of two portable radios, battery chargers, installation, a mobile repeator and a defibrillator. The amount of $2,500 was requested to provide for the training program and to contract with the hospitals and th schools of nursing for essential training, with $750 needed for essential supplies over and above telemetry equipment in order to equip one of the ambulances as a paramedic unit. Mr. Gallagher fe the program was a very worthwhile program and the amount requested for the program was incidental when it was used to help save lives. Miss Virginia Guthrie, Consultant and member of the Board of Directors of the Civic Planning Association, wondered about the on -going costs of the program. Mr. Gallagher stated that the on- going costs would be personnel and replacement of the equipment. He stated that only one ambulance would be dedicated to the program and three men would be trained for the paramedic program. Ultimately there would be six men; however, only three would go through the paramedic training. Mr. David Anderson, Assistant Administrator of St. Joseph's Hospital, stated that the program was cooperative joint effort of the hospitals, and the hospitals would participate in the training of the paramedics and monitoring of the program. Dr. Eldred MacDonell, a specialist in internal medicine, testified for the medical need and urgency of the program and talked about the number of persons that die enroute to the hospital. He stated that the program was in operation in Evanston, Illinois, and the results were very satisfactory in saving lives. Councilman Kopczynski wondered about the operating costs of the program per year. Mr. Gallagher stated that basically the same cost for operation of the ambulance would be anticipated for the paramedic unit, that being approxi mately $9,000. He stated that, if the equipment breaks down, it would have to be replaced and ther would be an expense incurred. He was hopeful that the new equipment would last a couple years. Fire Chief Bland stated that $126,000 was needed per year to operate the ambulance program of two units, including salaries. Mr. McGann of the McGann Funeral Home and Ambulance Service, stated tha 50a of the cost to him would be between $45,000 and $50,000 a year at a minimum. Councilman Kopczynski wondered why the city did not make an effort to collect ambulance fees, and Mr. Gallaghe stated that he felt this was a service provided to the citizens as a part of their tax dollars. Councilman Kopczynski talked about the use of firemen to run the city's ambulances. He stated that the firemen were needed to fight fires, and he wondered about the possibility of the city not pro- viding ambulance service. Mr. Gallagher stated that, since 1960, the Fire Department has provided ambulance service. Propr to that time, the service was provided by the Police Department. Councilman Kopczynski. asked if it was possible to hire civilians to run the program. Mr. Gallagher stated that the firemen have worked closely in all types of emergencies. He felt there would be a great turnover of employees if civilians were hired to man the program. Councilman Parent asked fo, a point of order. He felt Councilman Kopczynski's questions were not relevant to the issue before! the Council. Councilman Kopczynski stated that he felt his questions were important in considering the program. Councilman Serge wondered about those persons covered by ambulance insurance.' He felt those persons should be able to pay for the service. Mr. Gallagher stated that he was of the opinion that the citizens deserved the service. Councilman Taylor felt this service was very fundamental and deserved to have the support of the Council. He felt the cost was insignificant when it pertained to the saving of lives. Councilman Szymkowiak felt the service should be provide to the citizens because it was a necessity and sometimes a matter of life or death. Councilman Szymkowiak made a motion that the ordinance be recommended favorably to the Council, seconded by Councilman Parent. The motion carried. There being no further business to a motion to rise and report to the ATTEST: ' n/ CITY CLERK REGULAR MEETING - RECONVENED come before the Committee of the Whole, Councilman Taylor made Council, seconded by Councilman Parent. The motion carried. ATTE CHA N Be it remembered that the regular meeting of the Common Council of the City of South Bend, Indiana, reconvened in the Council Chambers at 10:15 p.m., Council President Nemeth presiding and eight members present and one member absent. REPORT 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 24, 1974, regular meeting of the Council and found them correct. They, therefore, recommend that the same be approved. s/ Peter J. Nemeth Councilman Taylor made a motion that the report be accepted as read and placed on file and the minutes be approved, seconded by Councilman Newburn. The motion carried. 9 IREGULAR MEETING - RECONVENED (CONTINUED) (REPORT FROM THE COMMITTEE OF THE WHOLE Councilman Newburn made a motion to waive the reading of the report of the Committee of the Whole, seconded by Councilman Taylor. The motion carried by a roll call vote of eight ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Newburn and Nemeth) with Councilman Horvath absent. IREPORT FROM THE DIRECTOR OF THE DEPARTMENT OF PUBLIC PARKS Mr. James Seitz, Director of the Department of Public Parks, introduced Mr. Karl T. Stevens, the City Forester, who spoke to the Council on future proposed amendments to the Municipal Code per- taining to trees and vegetation. Mr. Stevens stated that the ordinance had last been revised in 1962 and was in need of some updating especially in view of some recent decisions made by Mr. Jame! Roemer, the City Attorney. Mr. Stevens indicated that, during the past few months, the department has been trying to "crack down" on the tree contractors working in South Bend in accordance with the provisions of the code. Section 19 -26 of the code states that "No person shall engage in the business of planting, removing, trimming or spraying trees or shrubs within the city, without first obtaining an annual arborist's license authorizing such person to engage in such business ". In the past, the department has interpreted this to mean anywhere within the city whether it be on private property or in the tree lawn area. Mr. Roemer was of the opinion that the section was not a clear exception to the code and the section pertaining to the maintenance of trees and lawns within the boundary or property lines of the lots abutting upon the public streets. Mr. Stevens stated that the revision of the code was necessary because of the unnecessary removal of healthy and beautiful trees in the tree and lawn areas of the city; for the protection of the property owners and the public; and to regulate the problem of having unqualified contractors working on the trees, lawns and shrubs within the city. Council President Nemeth thanked Mr. Stevens for his presentation. ORDINANCES, SECOND READING ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 40, MUNICIPAL CODE) - 3027 McKinley Avenue. This ordinance had second reading... Councilman Kopczynski made a motion that the ordinance pass, seconded by Council President Nemeth. The ordinance was defeated by a roll call vote of five nays (Councilmen Szymkowiak, Miller, Parent, Taylor and Newburn) and three ayes (Councilmen Serge, Kopczynski and Nemeth) with Councilman Horvath absent. ORDINANCE AN ORDINANCE TO AMEND SECTION 15 -16 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED. Councilman Taylor made a motion to continue the ordinance to the August 12, 1974, meeting of the Council, seconded by Councilman Miller. 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. (Councilman Kopczynski made a motion to continue the ordinance to the July 22, 1974, meeting of the Council, seconded by Councilman Taylor. The motion carried. ORDINANCE NO. 5695 -74 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 second reading. Councilman Kopczynski urged the Council to delay action on the ordinance until a report was submitted regarding the transmission problem. He made a motion to continue the ordinance to a future meeting until a report was filed. There was no second to the motion. Councilman Szymkowiak felt it would be better to approve the ordinance at this time. Councilman Newburn made a motion that the ordinance pass, seconded by Councilman Serge., The ordinance passed by a roll call vote of seven ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Newburn and Nemeth) and one nay (Councilman Kopczynski) with Councilman Horvath absent. ORDINANCE NO. 5696 -74 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. his ordinance had second reading. Councilman Serge made a motion that y Councilman Parent. The ordinance passed by a roll call vote of eight zymkowiak, Miller, Parent, Taylor, Kopczynski, Newburn and Nemeth) with ORDINANCE NO. 5697 -74 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. the ordinance pass, seconde, ayes (Councilmen Serge, Councilman Horvath absent. his ordinance had second reading. Councilman Newburn made a motion that the ordinance pass, econded by Councilman Parent. The ordinance passed by a roll call vote of six ayes (Councilmen erge, Szymkowiak, Parent, Kopczynski, Newburn and Nemeth) and two nays (Councilmen Miller and ay or) with Councilman Horvath absent. REGULAR MEETING JULY 8 1974 IIREGULAR MEETING - RECONVENED (CONTINUED) IIORDINANCE NO. 5698 -74 AN ORDINANCE APPROPRIATING THE SUM OF $150,000.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND (EDISON ROAD TRUNK SEWER -PHASE I). This ordinance had second reading. Councilman Taylor made a motion to amend the ordinance by changing the amount of $150,000 to $110,000, wherever mentioned, seconded by Councilman Newburn. 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, Parent, Taylor, Kopczynski, Newburn and Nemeth) with Councilman Horvath absent. 11ORDINANCE NO. 5699 -74 AN ORDINANCE APPROPRIATING $20,000.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC PARK PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC PARKS. This ordinance had second reading. Councilman Szymkowiak made a motion that the ordinance pass, seconded by Councilman Serge. The ordinance passed by a roll call vote of eight ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Newburn and Nemeth) with Councilman Horvath absent. 11ORDINANCE NO. 5700 -74 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 second reading. Councilman Parent made a motion that the ordinance pass, seconded by Councilman Taylor. The ordinance passed by a roll call vote of eight ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Newburn and Nemeth) with Councilman Horvath absent. IIORDINANCE NO. 5701 -74 AN ORDINANCE ANNEXING CERTAIN LAND TO THE CITY OF SOUTH BEND, INDIANA (GERMAN, CLAY AND PORTAGE TOWNSHIPS). lThis ordinance had second reading. Councilman Miller made a motion to amend the ordinance to read as follows: SECTION I. That the following described territory contiguous to the incorporated City of South Bend, Indiana, in Clay, German or Portage Township, St. Joseph County, to -wit: Beginning at a point in the south right -of -way line of Grant Road approximately a quarter of a mile west of Mayflower Road which point is in the present city limits line; thence; west along the south right -of -way line of Grant Road to the intersection with the westerly right -of -way line of the U.S. 20 By -Pass, thence; northerly along the westerly right -of -way line of U.S. 20 By -Pass to a point 400 feet south of the south right -of -way line of Lincoln Way West (U.S. 20) measured at right angles, thence; westerly along a line 400 feet south of measured at right angles, and parallel to the south right -of -way line of Lincoln Way West to the point of intersection with the centerline of Olive Road extended to the south, thence; due north along the centerline of Olive Road extended to the south to the centerline of Lincoln Way West (U.S. 20), thence; southeasterly along the centerline of Lincoln Way West (U.S. 20) to the point of intersection with the easterly right -of -way line of Olive Road extended to the south, thence; due north along the easterly right -of -way line of Olive Road extended to the south and the easterly right -of -way line of Olive Road, and the easterly right -of -way line of Olive Road extended to the north to a point 690 feet north of the centerline of Brick Road, thence; due east along a line 690 feet north of and parallel to the centerline of Brick Road to the point of intersection with the easterly right -of -way line of Portage Road Highway, thence; northwesterly along the easterly right -of -way line of Portage Road Highway to the point of intersection with the south right -of -way line of Auten Road, thence; due east along the south right -of -way line of Auten Road to the intersection of center line of Kenilworth Road which center line is also the east line of Section 14, Twp. 38 North, Range 2 East, thence; due south along the east line of said Section 14 to the southeast corner of said Section 14, thence; due west along the south line of said Section 14 to the southwest corner of said Section 14, MEETING - RECONVENED (CONTINUED) RDINANCE NO. 5701 -74 (CONTINUED) thence; to the northeast corner of Section 22, Twp. 38 North, Range 2 East, thence; due west along the north line of said Section 22 to the point of intersection with the west right -of -way line of Lilac Road, thence; south along the west right -of -way line of Lilac Road a distance of approximately 30 feet to the south right -of -way line of Brick Road, thence; due west along the south right -of -way line of Brick Road a distance of approximately 1300 feet more or less to the intersection with the present city limits line, thence; meandering along the present city limits line generally in a southerly direction as set forth in parts of the following listed annexation ordinances: Engineer's Office Ordinance No. Ordinance No. Year Passed 130 5171 1970 58 4286 1959 72 4454 1962 58 4286 1959 121 5127 1969 58 4286 1959 41 39.60 1954 100 4780 1965 79 4465 1962 117 5113 1969 71 4440 1962 60 4314 1960 11 2475 1925 115 5048 1968 11 2475 1925 105 4850 1966 11 2475 1925 127 5136 1970 33 3766 1950 22 3315 1940 134 5311 1971 to the point of beginning, all in Clay, German or Portage Twp., St. Joseph County, Indiana, containing 7,289 acres or 11.39 square miles. Subject to all legal highways. be and the same is hereby annexed to said City of South Bend, all of which contiguous territory shall hereafter form a part of the said City of South Bend and be within its jurisdiction, and said territory is hereby consolidated with and made a part of the said City of South Bend. SECTION II. This ordinance shall be in full force and effect from and after its enactment, approval by the Mayor and legal publication. Councilman Taylor seconded the motion. The motion carried. Councilman Miller then made a motion that the ordinance pass, as amended, seconded by Councilman Taylor. Councilman Kopczynski felt the Council should not act on the ordinance because many of the portions of the area were not residen- tial areas, and many of the areas recently annexed to the city have not been given city services. e felt this might happen in the newly annexed area. Councilman Parent asked Council President emeth to outline the general area to be annexed. Council.President Nemeth summarized the area eing considered for annexation. The ordinance passed by a roll call vote of five ayes (Councilmen rerge, Miller, Parent, Taylor and Nemeth) and three nays (Councilmen Szymkowiak, Kopczynski and ewburn) with Councilman Horvath absent. RDINANCE AN ORDINANCE ANNEXING TO THE CITY OF SOUTH BEND CERTAIN TERRITORY CONTIGUOUS THERETO (GERMAN TOWNSHIP). ilman Taylor made a motion that the ordinance be stricken from the .files, seconded by ilman Newburn. The motion carried. RESOLUTIONS RESOLUTION NO. 431 -74 A RESOLUTION FINDING AND ADJUDGING THAT THE FINANCING OF FACILITIES FOR PRAIRIE COMPANY 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 REGULAR MEETING JULY 8 1974 REGULAR MEETING - RECONVENED (CONTINUED) RESOLUTION NO. 431 -74 (CONTINUED) WHEREAS, Prairie Company 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 May 31, 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 Prairie Company 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 Prairie Company under the Act be and the same is hereby approved. Section 2. This resolution shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. s/ Peter J. Nemeth Member of the Common Council A public hearing was held on the resolution at this time. Mr. Kenneth Fedder, Attorney for the South Bend Development Commission, indicated that the property was located in the Studebaker corridor. On May 31, the Development Commission had met and approved the financing as being proper Mr. Fedder introduced Mr. James Nafe, the attorney representing Prairie Company. Mr. Nafe explaine that the firm deals in light manufacturing and warehousing. The firm is composed of three local businessmen occupying the Great Lakes Foundry building. The acquisition price was $300,000, and a firm commitment has been obtained on the financing. Mr. Nafe stated that the number of new jobs caj only be speculated at this time,and he pointed out that the building has been vacant since 1969. Councilman Taylor made a motion that the resolution be adopted, seconded by Councilman Kopczynski. The resolution passed by a roll call vote of eight ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Newburn and Nemeth) with Councilman Horvath absent. RESOLUTION NO. 432 -74 A RESOLUTION TO APPROVE THE CONTRACT BETWEEN THE CITY OF SQUTH'BEND AND SOLLITT CONSTRUCTION COMPANY, INC. IN CONNECTION WITH THE CONSTRUC- TION OF A CONVENTION AND CULTURAL CENTER IN THE CITY OF SOUTH BEND, INDIANA. WHEREAS, the contract between the City of South Bend, Indiana, and Sollitt Construction Company, Inc., entered into on the lst day of July in the year of Nineteen Hundred and Seventy -four in connection with the construction of Century Center, a Convention and Cultural Center in South Bend, Indiana, has been approved by the Civic Center Authority and the Board of Public Works. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, that: SECTION I. The above mentioned contract is hereby approved by the Common Council of the City of South Bend, Indiana. SECTION II. This resolution shall be in full force and effect from and after its adoption by the Common Council and its approval by the Mayor. s/ Peter J. Nemeth Member of the Common Council A public hearing was held on the resolution at this time. Mr. Rollin Farrand, Director of the Department of Public Works, explained that the Civic Center Authority, during the progress of the development of this concept, came up with the idea that a construction manager would be helpful in both a savings of time and of money. He stated that Mr. Rosenthal had appointed a committee to investigate this concept, and the committee had consisted of Mr. Roland Goheen as chairman, Mr. John Everitt, Mr. Toth, Mr. Charles Lennon and three members of the Board of Public Works. The committee visited various contractors in an attempt to evaluate the concept. Mr. McMahon of the Engineering Department had volunteered some services and time to the committee. Mr. Farrand indicated that three local firms were found to be qualified and submitted proposals to the committee Considerable negotiation followed and a fee was established. The committee recommended Sollitt Construction for the project. Councilman Szymkowiak indicated that Mr. John Everitt, the Director of the Civic Center, was in attendance in the audience, and he asked that Mr. Everitt stand and be recognized. REGULAR MEETING JULY $ 1974 MEETING - RECONVENED (CONTINUED) Miss Virginia Guthrie, Consultant and member of the Board of Directors of the Civic Planning Association, wondered where the $12 million would be coming from for the Civic Center. Mr. Everit- stated that, hopefully, within a few weeks, more definite information would be available. He stated that there will be fund - raising drives, and the funds would be a combination of revenue sharing funds, general funds, hotel -motel tax funds, and general obligation and park funds. Councilman Miller felt that only generalized statements could be made on the cost at this time. Miss Guthrie wondered when the money would be available. Councilman Miller stated that it depende< on when a funding schedule was determined by Sollitt Construction Company. He explained that, on the general bond in the current budget, there is an item of approximately $250,000 that is paying off the general obligation bonds of 1965. He felt there should be no increase in the tax rate in order to pay off the bonds. Councilman Serge asked about the cost of furnishing the Civic Center. Mr. Everitt indicated that that information should be available in March of 1975 and would include those items that would not be "nailed down ", such as chairs, tables, etc. Councilman Parent indicated that he understood the need for the contract; however, he wondered if this would reduce the cost of the general contractor. Mr. Farrand stated that he felt this would result in a saving: He felt this type of advice was definitely needed. Also, this would permit other firms to bid on smaller portions of the contract. Councilman Miller made a motion to amend the resolution by the insertion of the words "the Civic Center Authority and" in the fifth line of the first paragraph after the words "has been approved by ", seconded by Councilman Parent. The motion carried. Councilman Miller made a motion that the resolution be adopted, as amended, seconded by Councilman Kopczynski. The resolution passed by a roll call vote of eight ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Newburn and Nemeth) with Councilman Horvath absent. IIORDINANCES, FIRST READING (ORDINANCE NO. 5702 -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 PRAIRIE COMPANY. This ordinance had first reading. Councilman Kopczynski made a motion that the rules be suspended and action taken on the ordinance, seconded by Councilman Taylor. The motion carried by a roll call vote of eight ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Newburn and Nemeth) with Councilman Horvath absent. The ordinance then had second reading. Councilman Newburn made a motion that the ordinance pass, seconded by Councilman Parent. The ordinance passed by a roll call vote of eight ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Newburn and Nemeth) with Councilman Horvath absent. ORDINANCE AN ORDINANCE APPROPRIATING $150,000.00 FROM THE FEDERAL ASSISTANCE GRANT FUND TO A NEW FEDERAL ASSISTANCE PROGRAM AND ACCOUNT, PROGRAM FA62, SOUTH BEND PUBLIC TRANSPORTATION CORPORATION SUBSIDY, ACCOUNT NO. 631.0, "GRANTS AND SUBSIDIES ", TO BE ADMINISTERED BY THE DEPARTMENT OF ADMINISTRATION AND FINANCE OF THE CITY OF SOUTH BEND, INDIANA. This ordinance had first reading. Councilman Taylor made a motion to set`the ordinance for public hearing and second reading on August 12, 1974, seconded by Councilman Miller. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING THE SUM OF $22,000.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND (PORTAGE ROAD - BRICK ROAD TRUNK SANITARY SEWER). This ordinance had first reading. Councilman Taylor made a motion to set the ordinance for public hearing and second reading on July 22, 1974, seconded by Councilman Miller. The motion carried. ORDINANCE AN ORDINANCE TRANSFERRING $8,400.00 FROM ACCOUNT NUMBER 110.0, "SERVICES PERSONAL ", TO ACCOUNT NUMBER 726.0, "OTHER EQUIPMENT ", BOTH ACCOUNTS BEING WITHIN THE REVENUE SHARING "SUMMER RECREATION PROGRAM" OF THE REVENUE SHARING TRUST FUND OF THE CITY OF SOUTH BEND, INDIANA. This ordinance had first reading. Councilman Miller made a motion to set the ordinance for public hearing and second reading on July 22, 1974, seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE TRANSFERRING $1,500.00 FROM ACCOUNT NUMBER 726.0, "OTHER EQUIPMENT ", TO ACCOUNT NUMBER 333.0, "OTHER INSTITUTIONAL AND MEDICAL SUPPLIES ", BOTH ACCOUNTS BEING WITHIN THE MUNICIPAL SERVICES FACILITY BUDGET OF THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. This ordinance had first reading. Councilman Parent made a motion to set the ordinance for public- hearing and second reading on July 22, 1974, seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE ESTABLISHING FAIR CAMPAIGN PRACTICES WITHIN THE CITY OF SOUTH BEND. This ordinance had first reading. Councilman Miller made a motion to set the ordinance for public hearing and second reading on July 22, 1974, seconded by Councilman Taylor. The motion carried. REGULAR MEETIN REGULAR MEETING - RECONVENED (CONTINUED) ORDINANCE AN ORDINANCE FIXING THE ANNUAL PAY OF POLICEMEN FOR THE CALENDAR YEAR 1975. This ordinance had first reading. Councilman Taylor made a motion to set the ordinance for public hearing and second reading on July 22, 1974, seconded by Councilman Miller. The motion carried. ORDINANCE AN ORDINANCE FIXING THE ANNUAL PAY OF FIREMEN FOR THE CALENDAR YEAR 1975 (1). This ordinance had first reading. Councilman Taylor made a motion to set the ordinance for public hearing and second reading on July 22, 1974, seconded by Councilman Miller. The motion carried. ORDINANCE AN ORDINANCE FIXING THE ANNUAL PAY OF FIREMEN FOR THE CALENDAR YEAR 1975 (2). This ordinance had first reading. Councilman Taylor made a motion to set the ordinance for public hearing and second reading on July 22, 1974, seconded by Councilman Miller. The motion carried, and Council President Nemeth stated that it had been indicated by the press that the firemen have been opposed to the ordinance because it represented a percentage increase; however, he stated tha he understood it was an across - the -board increase. PRIVILEGE OF THE FLOOR Mr. Phil Barkley, Chairman of the Clay, German and Portage Anti - Annexation Committee, presented a letter to the Council regarding the northwest annexation. He asked that the letter be read into t record, as follows: July 8, 1974 Members of the Common Council South Bend, Indiana Gentlemen: You have received various proposals from your city administration for annexation of lands north and west of South Bend. We have studied each proposal in depth and submitted cost estimates which vary from those submitted to you by your staff. Each time a proposal for annexation is submitted, it requires a lot of time and effort for you and your staff, as well as the committee we represent. Many problems exist which should be studied in depth, such as: Revenue Sharing - a 5 -year program, 2 years to go Fire protection - isolated pockets left in townships Removal of homes in line with airport easements Substandard housing in some areas to be removed City street maintenance versus County road maintenance People problem - .6 persons per acre Impounded funds - creates a hardship on city residents No known firm commitments for building in area Tax law changes on investments We request further study on these items mentioned plus numerous others not mentioned. We want the city and the area to grow in an orderly, systematic and profitable way so as not to create a burden on any of the taxpayers. Finally, we place the burden of decision with you as representatives of the people of South Bend, hopefully your decision will be not to annex at this time, but should you decide to annex the responsibility for stopping all city growth to the north and west of South Bend is yours pending the natural course of action. Sincerely, s/ Phillip D. Barkley He stated that the amendments made by the Council on the annexation were very substantial and represented an entirely new ordinance, in his opinion. He felt the new ordinance would provide a loss to the city, and he urged that the Council reconsider its motion to pass the amended ordinance Miss Virginia Guthrie, Consultant and member of the Board of Directors of the Civic Planning Association, talked about the procedure that the Council utilized when amending ordinances. She stated that, very recently in the past few months, certain amendments have been made to ordinances which were major amendments and no consideration was given to the citizens for their comments on th amendments. She felt that, in the case when an ordinance is amended to a great extent, the ordinan e should be continued to the next meeting in order that a public hearing could be held on the propose amendments. Councilman Miller indicated to Miss Guthrie that, if the Council makes known its decis on prior to the public hearing, then the Council is open for criticism. He felt that it becomes an issue of "who talks last on a subject ". He referred to the annexation ordinance, stating that the ordinance was amended as a compromise of the two annexation ordinances which had public hearing in March, and he could see no reason why another public hearing should be held on the ordinance. Mr. James Brien, Secretary of the South Bend Fire Fighter's Association, asked for a clarification on Council President Nemeth's statement about the across - the -board increases in the proposed salary ordinance. Council President Nemeth stated that it was his understanding that all the increases were the same other than the pension category. Councilman Miller explained that the amounts were evened out as an adjustment and, in every case, it ranged from $650 to $750, except in the case of a Fireman or Fireman in Training. 1 1 REGULAR MEETING - RECONVENED (CONTINUED) Mr. Phil Barkley asked about the disposition of the proposed annexation for German Township which was listed as Item No. 8K on the agenda, and Council President Nemeth indicated that the Council had acted favorably on a motion to strike the ordinance from the files. Mr. Forrest Hanna, 1427 East Bowman, talked about advertising of the Council's ublic hearings P g and the procedure that the Council followed regarding the amendments made to ordinances. He wondered if the Council technically has a public hearing on an ordinance after it is amended. He felt the amendments to any ordinances should be made prior to the public hearing so that the citizens and councilmen could discuss and consider the amendments during the public hearing. UNFINISHED BUSINESS Mr. Robert Parker, Chief Deputy City Attorney, presented to the City Clerk, as a matter of record, the three resolutions adopted by the Board of Public Works, Board of Public Safety and Water Works Commissioners regarding the annexation ordinance passed by the Council for German, Clay and Portage Townships. He also presented the engineering costs and analysis for the annexation to be filed with the ordinance. Councilman Miller made a motion to accept the documents and file with the ordinance, seconded by Councilman Taylor. The motion carried. NEW BUSINESS Councilman Taylor made a motion to re- appoint Stephen Lobdell to the South Bend Public Transportati Corporation Board of Directors, seconded by Councilman Kopczynski. The motion carried. ouncilman Taylor made a motion to appoint Roger Parent as the Council's representative to the St. oseph County Crime Coordinating Council, seconded by Councilman Miller. The motion carried. Councilman Kopczynski made a motion to appoint Terry Miller to the Civic Center Authority to fill the unexpired term of Mr. Pfeil, seconded by Councilman Taylor. The motion carried. ncilman Serge asked about the possibility of changing St. Joseph Street to River Bend Drive or tury Center Drive. There being no further business to come before the Council, unfinished or new, Councilman Taylor made a motion to adjourn, seconded by Councilman Miller. The motion carried and the meeting adjourned at 11:30 p.m. TTEST: ti ++++++++++++++++++++++++++++++++++++++++++++++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++