HomeMy WebLinkAbout06-22-70 Council Meeting MinutesREGULAR MEETING - Reconvened
Be it remembered that the Common Council of the City of South Bend, Indiana, reconvened in the
Council Chambers in the County -City Building on Monday, June 22, 1970, at 9:00 p.m., all members
present. The meeting was called to order by Council President Robert O. Laven, who presided.
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REGULAR MEETING JUNE 22, 1970
REPORT FROM COMMITTEE ON MINUTES
To the Common Council of the _City of South Bend:
Your committee on the inspection and supervision of the minutes, would respectfully report that
they have inspected the minutes of June 8, 1970 meeting of the Council and found them correct.
They therefore recommend that the same be approved.
/s/ Robert O. Laven
/s/ Janet S. Allen
TsT Albert E. Palmer
There being no objections, the report was accepted as read and placed on file.
CITIZENS REQUESTS - MISCELLANEOUS MATTERS
Mrs. Lee E. Swan, 2022 Swygart Ave., South Bend, commended Mr. James W. Adamson, Director of
Sub - Standard Building Department, for doing such a fine job with the Sub - Standard housing section
of the City Building Department.
Mr. Forrest West, Building Commissioner, announced with regret the death of Anthony C. Raess,
a valued employee in the Building Department. Councilman Laven instructed the Clerk to send a
letter of condolence to the family.
REPORTS FROM AREA PLAN COMMISSION
June 10, 1970
The Honorable Common Council
City of South Bend
South Bend, Indiana Location: West of Michigan St.
between Ireland Rd. & the By -Pass
Gentlemen:
The attached rezoning petition regarding a tract of land commonly known as the Royal Knight Inn
and the Dairy Queen, and a parcel of land now being used as an office for an exterminator was
legally advertised under date of May 9 and May 16 and given public hearing on May 19, 1970. The
following action was taken on May 19, 1970:
After due consideration it was moved, seconded and unanimously carried that the
ordinance and site development plan be recommended favorably to the Common Council.
The deliberations of the Area Plan Commission and points considered in arriving at the above
decision are shown in the excerpts of the minutes attached hereto and made a part of this report.
Very truly yours,
/s/ Howard Bellinger
Executive Director
HB: eb
Attach.
The reading of this report (at this time) was waived; report will be read during public hearing.
REPORT FROM AREA PLAN COMMISSION
June 10, 1970
The Honorable Common Council
City of South Bend
South Bend, Indiana Location: Ireland Rd., Main St., Callander
St. Zoning - West of Michigan
Gentlemen: Street between Ireland Road and
the By -Pass
The attached zoning petition of a parcel of land extending South of Ireland to the By -pass Right
of -way around to U.S. 31 commonly known as Pleasantview Manor Subdivision was legally advertised
under dates of May 9 and 16 and given public hearing on May 19, 1970. The following action
was taken on May 19, 1970. .
After due consideration, it was moved, seconded and unanimously carried that the ordinance
and site development plan be recommended favorably to the Common Council.
The deliberations of the Area Plan Commission and points considered in arriving at the above
decision are shown in the excerpts of the minutes attached hereto and made a part of this report.
Very truly yours.
/s/ Howard Bellinger
Executive Director
HB;eb
Attach.
The reading of this report (at this time) was waived; report will be read during public hearing.
REGULAR MEETING JUNE 22, 1970
REPORT FROM THE AREA PLAN COMMISSION
June 10, 1970
Location: West of Michigan Street,
The Honorable Common Council twed ?n rela�nr� Rd. an the By -Pass
City of South Bend
an Il an rea Wes )
South Bend, Indiana
Gentlemen:
The attached rezoning petition of Land Fill and Property West, was legally advertised under date o
May 9 and May 16 and given public hearing on May 19, 1970. The following action was taken on
May 19:
After due consideration it was moved, seconded and unanimously carried that the
ordinance and site development plan be recommended favorably to the Common Council.
The deliberations of the Area Plan Commission and points considered in arri_N?'.na at the above de-
cisions are shown in the excerpts of the minutes attached hereto and made a part of this report.
Very truly yours,
/s/ Howard Bellinger
Executive Director
HB:jab
Attach-
The reading of this report (at this time) was waived report will be read during public hearing.
REPORT FROM THE AREA PLAN COMMISSION
June 10, 1970
The Honorable Common Council
City of South Bend Location: West of Michigan Street,
South Bend, Indiana between Ireland Rd. and the By -Pass
(American National Bank)
Gentlemen:
The attached rezoning petition of the American National Bank, was legally advertised under date
of May 9 and May 16 and given public hearing on May 19, 1970. The following action was taken
on May 19:
After due consideration it was moved, seconded and unanimously carried that the
ordinance and site development plan be recommended favorably to the Common Council.
The deliberations of the Area Plan Commission and points considered in arriving at the above
decision are shown in the excerpts of the minutes attached hereto and made a part of this report.
Very truly yours,
/s/ Howard Bellinger
Executive Director
HB: jab
Attach.
The reading of this report (at this time) was waived; report will be read during public hearing.
PETITIONS
Petition to Amend Zoning Ordinance:
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 City of South Bend,
Indiana, as hereinafter requested, and in support of this application, the following facts are
shown:
1. The property sought to be rezoned is located at an inland site bounded on the West by the
East line of Broadmoor addition (4th, Fifth, and Sixth Sections), on the North by the South line
of Ireland Heights Subdivision First Section, on the East by a line approximately 775 feet East
of the West line, and on the South by a line approximately 600 feet North of Ireland Road.
2. The property is owned by Al Nall & Associates, Inc., an Indiana Corporation.
3. A legal description of the property is as follows: A tract of land in the Northeast 1/4
of Section 30, Township 37 North, Range 3 East, in St. Joseph County, Indiana, described
as follows:
Commencing at the Northwest corner of the Northeast 1/4 of said Section 30;
thence Easterly along the Northerly line of said Northeast 1/4 of Section 30,
573.74 feet to the Westerly line of Springbrook Drive; thence Southerly
along said West line of Springbrook Drive 477.00 feet; thence South 000 00'
00" West, 588.04 feet to the point of beginning; thence continuing South
000 00' 00" West, 907.20 feet; thence South 890 56' 04" East 350.00 feet;
thence North 000 03' 56" East 80.27 feet; thence North 390 03' 56" East,
154.71 feet; thence North 590 19' 07" East, 81.17 feet; thence South 890
56' 04" East, 149.77 feet; thence South 110 23' 53" East, 113.14 feet; thence
South 000 04' 17" East, 131.11 feet; thence South 890 56' 04" East, 58.00
feet; thence North 000 041 17" West, 950.55 feet; thence South 900 00' 00"
3
5
REGULAR MEETING JUNE 22, 1970
PETITIONS Cont'd.
West, 25.00 feet; thence South 00 04' 17" East, 11.00 feet; thence South
00 04' 17" East, 11.00 feet; thence South 90 00' 00" West, 233.01 feet;
thence North 00 00' 00" East, 11.00 feet; thence South 90 00' 00" West,
170.00 feet; thence South 00 00' 00" West, 42.50 feet; thence South 90 00'
00" West, 318.52 feet to the point of beginning, containing + 14.585 acres.
4. It is desired and requested that.the foregoing property be rezoned: From "A" Residence
Use and "A" Height and Area District. To "B" Residence Use and "B" Height and Area District.
5. It is proposed that the property will be put to the following use and the following
buildings will be constructed: Apartment and Townhouse buildings with a total of 162 units,
consisting of 38 Townhouse buildings of 3 units each and 3 Apartment buildings of 16 units each.
6. Number of off - street parking spaces to be provided is: 273 (1.68 per dwelling unit).
7. Attached is a copy of: a) an existing plot plan showing the property and other sur
ing properties; b) names and addresses of all the individuals, firms or corporations owning
property within 300 feet of the property sought to be rezoned; c) site development plan.
Exhibit A - Legal Description
AL NALL & ASSOCIATES, INC.
By: /s/ Jack C. Dunfee, Jr.
Signature of Petitioners
Thornburg, McGill, Deahl, Harman,
Carey & Murray
645 First Bank Building
South Bend, Indiana 46601
233 -1171
Attorneys for Petitioner
Exhibit B - Plot Plan Showing the
Subject Property and Surrounding
Property Owners
Exhibit C — Names and Addresses of All Property Owners Within 300 Feet
Exhibit D - Site Development Plan
Councilman Grounds made a motion, seconded by Councilman Zielinski that the Petition be sent
to the Area Plan Commission for study. Motion carried.
REPORT OF THE COMMITTEE OF THE WHOLE
Council President Laven entertained a motion to waive the reading of the Committee of the Whole
Reports. Councilman Allen so moved. Councilman Wise seconded the motion. Motion carried
unanimously.
ORDINANCES, FIRST AND SECOND READING
Cl MTNTANTOR
ORDINANCE NO. 5198 -70
AN ORDINANCE SUPPLEMENTING ORDINANCE NO. 4268 -59
(Municipal Code Chapter 20) BY ADDING A NEW
ARTICLE DEALING WITH VACANT STRUCTURES AND
PROVIDING FOR A PENALTY, AS AMENDED.
The Ordinance was given third reading. Councilman Zielinski made a motion for passage of the
Ordinance as amended, in favor of the amendments as read. Councilman Craven seconded the motion.
Motion carried.The Ordinance was passed by a roll call Vote of i � ayes (Councilmen Laven, Allen,
Reinke, Craven, Grounds, Szymkowiak, Wise, Palmer and Zi.eli.nsk0 nays.
ORDINANCE NO. 5199 -70
AN ORDINANCE AMENDING CHAPTER 9, SECTION 9 -2,
ORDINANCE NUMBER 4381 -61, SECTION 1, OF THE
MUNICIPAL CODE OF THE CITY OF SOUTH BEND,
INDIANA, PROVIDING FOR THE ADOPTION OF A BASIC
BUILDING CODE.
The Ordinance was given third reading. Councilman Grounds made a motion for the passage of
the Ordinance. Councilman Craven seconded the motion. There being no discussion on the motion,
the Ordinance was passed by a roll call vote of 9 ayes (Councilmen Laven, Allen, Reinke, Craven,
Grounds, Szymkowiak, Wise, Palmer and Zielinski) 0 nays.
ORDINANCE NO. 5200 -70
AN ORDINANCE AMENDING CHAPTER 9, SECTION 9 -3,
ORDINANCE NUMBER 4381 -61, ARTICLE 32, SECTION
1700.0, OF THE MUNICIPAL CODE OF THE CITY OF
SOUTH BEND, INDIANA, PROVIDING FOR THE STANDARDS
OF ACCEPTED ENGINEERING PRACTICE OF PLUMBING
SERVICES GENERALLY.
The Ordinance was given third reading. Councilman Alle n made a motion for the passage of
the Ordinance. Councilman Craven seconded the motion. There being no discussion on the motion,
the Ordinance was passed by a roll call vote of 9 ayes (Councilmen Laven, Allen, Reinke, Craven,
Grounds, Szymkowiak, Wise, Palmer and Zielinski) 0 nays.
M
REGULAR MEETING JUNE 22, 1970
IIORDINANCES, THIRD READING (Cont'd.)
IIORDINANCE NO. 5201 -70
AN ORDINANCE AMENDING CHAPTER 11, SECTION 11 -18,
ORDINANCE NUMBERS 3913, SECTION 7, AND 4537 -62,
SECTION 3, OF THE MUNICIPAL CODE OF THE CITY OF
SOUTH BEND, INDIANA, PROVIDING FOR STANDARDS FOR
INSTALLATION OF ELECTRICAL EQUIPMENT GENERALLY
The Ordinance was given third reading. Councilman
Ordinance. Councilman Palmer seconded the motion.
Ordinance was passed by a roll call vote of 9 ayes
Grounds, Szymkowiak, Wise, Palmer and Zielinski) 0
11ORDINANCE NO. 5202 -70
Zielinski made a motion for passage of the
There being no discussion on the motion, the
(Councilmen Laven, Allen, Reinke, Craven,
nays.
AN ORDINANCE AMENDING ORDINANCE NO. 4150, BEING
SECTION 2 -18 OF THE MUNICIPAL CODE, RELATING TO
ANNUAL LEAVE OF OFFICERS AND EMPLOYEES OF THE
CITY, AS AMENDED.
The Ordinance was given third reading. Council.President Laven entertained a motion for the
acceptance of the amendments. Councilman Wise so moved, seconded by Councilman Zielinski. Motion
carried. 6 ayes, 3 nays. Councilmen Grounds and Craven stated that they were not in favor of
changing the vacation number of days from 11 to.10 in Amendment #1. Councilman Reinke stated he
was not in favor of Amendment #4 although he said he would vote for the passage of the ordinance.
Councilman Reinke said this ordinance was necessary to relieve much confusion had in the past,
because of the way the ordinance was wr t e n the present code book. Councilman Wise made a
as 'am nc�g� .
motion for passage of the ordinance/ Counci man Zielinski seconded the motion. There being no
further discussion on the motion, the ordinance passed by a roll call vote of 8 ayes (Councilmen
Laven, Allen, Reinke, Grounds, Szymkowiak, Wise, Palmer and Zielinski) 1 nay, (Councilman Craven)
11ORDINANCES, FIRST AND SECOND READING
1) ORDINANCE
The Ordinance
made a motion,
July 13, 1970.
II ORDINANCE
The Ordinance
made a motion,
July 13, 1970.
11 ORDINANCE
AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE
CITY OF SOUTH BEND, INDIANA -1962 SECTION 40 AS
AMENDED AND GENERAL ORDINANCE NO. 4990 -68, AND
THE ACCOMPANYING MAP THERETO, GENERALLY KNOWN
AS THE SOUTH BEND ZONING ORDINANCE BY CHANGING THE
CLASSIFICATION OF THE USE DISTRICT FOR A CERTAIN
PARCEL OF LAND. (Royal Knight Inn & Dairy Queen,
West of Michigan St., between Ireland Rd. and the
By -Pass)
was given first reading by title and second reading in full. Councilman Craven
seconded by Councilman Zielinski, that the Ordinance be set for public hearing on
Motion carried. 9 ayes, 0 nays.
AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE
CITY OF SOUTH BEND, INDIANA - 1962 SECTION 40 as
AMENDED AND GENERAL ORDINANCE NO. 4990 -68, AND
THE ACCOMPANYING MAP THERETO, GENERALLY KNOWN AS
THE SOUTH BEND ZONING ORDINANCE BY CHANGING THE
CLASSIFICATION OF THE USE DISTRICT FOR A CERTAIN
PARCEL OF LAND. (Commonly known as Ireland Rd.,
Main St., Callander St. Zoning - West of Michigan
Street between Ireland Rd. and the By- Pass)
was given first reading by title and second reading in full. Councilman Grounds
seconded by Councilman Zielinski, that the Ordinance be set for public hearing on
Motion carried. 9 ayes, 0 nays:
AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE
CITY OF SOUTH BEND, INDIANA - 1962 SECTION 40 AS
AMENDED AND GENERAL ORDINANCE NO. 4990 -68, AND
THE ACCOMPANYING MAP THERETO, GENERALLY KNOWN AS
THE SOUTH BEND ZONING ORDINANCE BY CHANGING THE
CLASSIFICATION OF THE USE DISTRICT FOR A CERTAIN
PARCEL OF LAND. (Commonly known as Landfill and
area West - West of Michigan St., between Ireland
Rd. and the By -Pass)
The Ordinance was given first reading by title and second reading in full. Councilman Palmer
made a motion, seconded by Councilman Craven, that the Ordinance be set for public hearing on
July 13, 1970. Motion carried. 9 ayes, 0 nays.
REGULAR MEETING JUNE 22, 1970
FIRST AND
ORDINANCE
The Ordinance
made a motion,
July 13, 1970.
NANCE
he Ordinance
ade a motion,
my 13, 1970.
RDINANCE
(Cont Id.)
AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE
CITY OF SOUTH BEND, INDIANA - 1962 SECTION 40 AS
AMENDED AND GENERAL ORDINANCE NO. 4990 -68, AND
THE ACCOMPANYING MAP THERETO, GENERALLY KNOWN
AS THE SOUTH BEND ZONING ORDINANCE BY CHANGING
THE CLASSIFICATION OF THE USE DISTRICT FOR A
CERTAIN PARCEL OF LAND. ( Commonly known as Amer-
ican National Bank - West of Michigan Street
between Ireland Road and the By -Pass)
was given first reading by title and second reading in full. Councilman Craven
seconded by Councilman Zielinski, that the Ordinance be set for public hearing on
Motion carried. 9 ayes, 0 nays.
AN ORDINANCE APPROVING A CONTRACT BETWEEN THE
WATER WORKS OF THE CITY OF SOUTH BEND, INDIANA,
AND MUELLER COMPANY, CHATTANOOGA, TENNESSEE,
FOR THE PURCHASE OF MECHANICAL JOINT GATE VALVES
IN THE TOTAL AMOUNT OF $5,350.85.
was given first reading by title and second reading in full. Councilman Grounds
seconded by Councilman Szymkowiak, that the Ordinance be set for public hearing on
Motion carried. 9 ayes, 0 nays.
AN ORDINANCE APPROVING A CONTRACT BETWEEN THE
WATER WORKS OF THE CITY OF SOUTH BEND, INDIANA,
AND HENRY PRATT COMPANY, AURORA, ILLINOIS, FOR
THE PURCHASE OF BUTTERFLY VALVES, IN THE TOTAL
AMOUNT OF $10,738.00.
e Ordinance was given first reading by title and second reading in full. Councilman Allen
de a motion, seconded by Councilman Szymkowiak, that the Ordinance be set for public hearing
July 13, 1970. Motion carried. 9 ayes, 0 nays.
RDINANCE
AN ORDINANCE APPROVING A CONTRACT BETWEEN THE
WATER WORKS OF THE CITY OF SOUTH BEND, INDIANA
AND CLOW CORPORATION, BENSENVILLE, ILLINOIS,
FOR THE PURCHASE OF: I. CAST IRON OR DUCTILE
PIPE AND FITTINGS: II. MECHANICAL JOINT GATE
VALVES, IN THE TOTAL AMOUNT OF $131,786.52.
e Ordinance was given first reading by title and second reading in full. Councilman Palmer
de a motion, seconded by Councilman Szymkowiak, that.the Ordinance be set for public hearing
July 13, 1970. Motion carried_. 9 ayes, 0 nays.
INANCE
AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION
TO ACCOUNT Z -12, "SALARIES AND WAGES, TEMPORARY ",
IN THE AMOUNT OF $2,600.00 AND THE TRANSFER OF SAID
SUM FROM ACCOUNT Z- 531, "PENSIONS TO RETIRED POLICE-
MEN", ALL BEING WITHIN THE POLICE PENSION FUND.
The Ordinance was given first reading by title and second reading in full. Councilman Craven
made a motion, seconded by Councilman Grounds, that the Ordinance be set for public hearing on
July 13, 1970. Motion carried. 9 ayes, 0 nays.
ORDINANCE
AN ORDINANCE TO APPROPRIATE $5,452.95 FROM THE LOCAL
ROAD AND STREET FUND TO THE ACCOUNT "SERVICES
CONTRACTUAL."
The Ordinance was given first reading by title and second reading in full. Councilman Craven
made a motion, seconded by Councilman Palmer, that the Ordinance be set for public hearing on
July 13, 1970. Motion carried. 9 ayes,"0 nays.
ORDINANCE
AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE
AMOUNT OF $3,000 FROM ACCOUNT P -11, "SERVICES PERSONAL ",
TO ACCOUNT P -262, "MEDICAL, SURGICAL AND DENTAL," IN
THE POLICE DEPARTMENT BUDGET, ALL BEING WITHIN THE
GENERAL FUND.
e Ordinance was given first reading by title and second reading in full. Councilman Reinke
de a motion, seconded by Councilman Palmer, that the Ordinance be set for public hearing on
ly 13, 1970. Motion carried. 9 ayes, 0 nays.
REGULAR MEETING JUNE 22, 1970
1(' RESOLUTION
IIRESOLUTION NO. 240 -70
A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, AUTHORIZING
FILING OF APPLICATION WITH THE DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT FOR GRANT
TO ACQUIRE OPEN- SPACE.
WHEREAS, Title VII of the Housing Act of 1961, as amended, provides for the making of
grants by the Secretary of Housing and Urban Development to States and local public bodies to
assist them in the acquisition and development of permanent interests in land for open -space
uses where such assistance is needed for carrying out a unified or officially co- ordinated
program for provision and development of open -space land as part of the comprehensively planned
development of the urban area; and
WHEREAS, the Civil City of South Bend, Indiana, (herein sometimes referred to as
"Applicant ") desires to acquire fee simple interest to certain land known as Lots 2, 11, 14, and
23 in the College Grove Addition in the City of South Bend, Indiana, which land is to be held and
used for permanent open -space land for a local recreational facility; and
WHEREAS, Title VI of the Civil Rights Act of 1964, and the regulations of the Depart-
ant of Housing and Urban Development effectuating that Title, provide that no person shall be
iscriminated against because of race, color, or national orgin in the use of the land acquired;
nd
WHEREAS, it is recognized that the contract for'Federal grant will impose certain
ligations and responsibilities upon the Applicant and will require among other things (1) assur-
ces that families and individuals displaced as a result of the open -space land project will be
located into decent, safe, and sanitary housing, (2) compliance with Federal labor standards,
d (3) compliance with Federal requirements relating to equal employment opportunity; and
WHEREAS, it is estimated that the cost of acquiring said interest will be $52,641.50;
Ca
WHEREAS,it is estimated that the cost of necessary demolition and removal of improve -
nts on said land will be $19,915.00; and
WHEREAS, it is estimated that the total amount of relocation payments to be made to
ligible site occupants displaced from property to be acquired will be $51,845.00;
NOW, THEREFORE, be it resolved by the Common Council of the Civil City of South Bend:
. That an application be made to the Department of Housing and Urban Development for a grant in
n amount authorized by Title VII of the Housing Act of 1961, as amended, which amount is
resently estimated to be $90,087.75, and that the Applicant will pay the balance of the cost
rom other funds available to it.
. That adequate open -space land for the locality cannot effectively be provided through the use
f existing undeveloped or predominately undeveloped land.
3. That the Mayor of the Civil City of South Bend, Indiana is hereby authorized and directed to
execute and to file such application with the Department of Housing and Urban Development to
provide additional information and to furnish such documents as may be required by said Department,
to execute such contracts as are required by said Department, and to act as the authorized
correspondent of the Applicant.
4. That the proposed acquisition is in accordance with plans for the allocation of land for
open -space uses, and that, should said grant be made, the Applicant will acquire, and retain said
land for the use designated in said application and approved by the Department of Housing and
Urban Development.
. That the United States of America and the Secretary of Housing and Urban Development Admini-
trator be, and they hereby are, assured of full compliance by the Applicant with regulations
f the Department of Housing and Urban Development effectuating Title VI of the Civil Rights Act
f 1964.
That there exists in the locality an adequate amount of decent, safe, and sanitary housing
hich is available to persons displaced as a result of the open -space land project, at prices
hich are within their financial means, and which are not generally less desirable in regard to
ublic utilities and public and commercial facilities than the dwellings of the displaced indi-
iduals and families, and it is the sense of this body that such displacees, if any, will be
elocated in accordance with applicable regulations of the Department of Housing and Urban
evelopment.
IS RESOLUTION ADOPTED BY THE Common Council of the Civil City of South Bend, Indiana, this 22nd
y of June , 1970.
/s/ Walter M. Szymkowiak
Member of the Common Council
TTEST:
s/ Kathryn L. Blouc
City Clerk
C
REGULAR MEETING JUNE 22, 1970
RESOLUTION NO. 240 -70 Cont'd.
A public hearing on the resolution was held at this time. Mr. Charles F. Lennon, Model Cities
Neighborhood Director, said this resolution was seeking money from the Department of Housing
and Urban Development for a Model Neighborhood park to be developed near Linden School. He said
if the Council approves the resolution, the Model Neighborhood planning agency and the South'Bend
Park Department will plan and develop the 1.9 acre tract. He said HUD approval is expected in
July. City Controller James Bickel said that total cost of the park is estimated at $124,500.00
and the City has set aside its share of the cost in the Cumulative Capital Improvement Fund.
Mr. Lennen answered various questions from the Councilmen. Councilman Szymkowiak made a motion
that the resolution be adopted. Councilman Zielinski seconded -the motion.. Motion carried.
9 ayes, (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Wise, Palmer and Zielinski)
0 nays.
RESOLUTION NO. 241 -70
A RESOLUTION APPROVING THE MONTHLY RATES FOR
PARKING IN THE MUNICIPALLY OWNED PARKING
FACILITIES AS ADOPTED BY THE BOARD OF PUBLIC WORKS
AND SAFETY OF THE CITY OF SOUTH BEND, INDIANA,
JUNE 8, 1970.
WHEREAS, two off street parking facilities now being erected by the City of South
Bend in the down town area are nearing completion and will soon be turned over to the City for
use and operation; and
WHEREAS, the City of South Bend employed Harland Bartholomew and Associates, a con-
sulting engineering firm, to make recommendations to it regarding the operation of said parking
structures; and
WHEREAS, the said consultants have made certain recommendations regarding the operation
of said structures; and
WHEREAS, included among such recommendations was a recommendation that a monthly rate
for all day parkers by established in addition to the daily rates heretofore set by ordinance.
WHEREAS, the Board of Public Works and Safety of the City of South Bend, Indiana, on
June 8, 1970, adopted a resolution establishing a rate of $20.00 a month for all day parkers
in the municipally owned off street parking facilities.
NOW, THEREFORE, be it resolved by the Common Council of the City of South Bend, Indiana:
SECTION I. That the monthly rate of $20.00 for all day parkers in the municipally
owned off street parking facilities heretofore adopted by the Board of Public Works and Safety
of the City of South Bend, is hereby ratified and approved.
/s/ William W. Grounds
Member of the Common Council
A public hearing on the resolution was held at this time. City Controller James Bickel explained
that the Council must ratify the action of the Board of Public Works and Safety in order for
the rate to become effective. He said the $20.00 charge was higher than the privately owned
garages. Councilman Grounds made a motion for the adoption of the resolution. Councilman
Zielinski seconded the motion. Motion carried. 9 ayes (Councilman Laven, Allen, Reinke, Craven,
Grounds, Szymkowiak, Wise,Palmer and Zielinski) 0 nays.
RESOLUTION NO. 242 -70
A RESOLUTION ELECTING TO JOIN THE PUBLIC EMPLOYEES'
RETIREMENT FUND.
WHEREAS, the South Bend Common Council is the governing body of the City of South
Bend, in st. Joseph County, in the State of Indiana, and
WHEREAS, the actuary for the Public Employees' Retirement Fund has furnished such
governing body with certain cost estimates to become a participant in such Fund as established
by the Acts of 1945, Chapter 340 and all Acts amendatory and supplemental thereto, and
WHEREAS, such governing body is fully cognizant that the percentage of cost of gross
annual payroll of covered employees has been set at 10.92% by the actuary of the Fund, and that
at five year intervals, or more often if directed by the Board of Trustees of the Public Employees
Retirement Fund, the actuary will review the status of the employees covered and shall adjust
the cost percentage accordingly so that the Fund will remain on an actuarially sound basis, and
WHEREAS, such governing body acknowledges its liability and that, pursuant to law it
and its successors in office, must appropriate sufficient funds each year to retire the employees'
prior service liability in an orderly manner and also fund the current costs accruing annually.
M
MGULAR MEETING JUNE 22, 1970
RESOLUTION NO. 242 -70 Cont'd.
NOW, THEREFORE, BE IT RESOLVED BY the Common Council of the City of South Bend in St.
Joseph County in the State of Indiana:
SECTION ONE: The City of South Bend elects to become a participant in the Public
Employees' Retirement Fund as established by the Acts of 1945, Chapter 340 and all Acts amend-
atory and supplemental thereto.
SECTION TWO: The South Bend Common Council agrees to make the required contributions
under the Public Employees' Retirement Fund Act which is the Acts of 1945, Chapter 340, and
specifically the Acts of 1955, Chapter 329, commonly designated as "The Indiana Public Emoloyees'
Social Security Integration and Supplemental Retirement Benefits Act."
SECTION THREE: The following are declared to be covered by the Fund:
All elected City officials, all appointed officers, employees, deputies and assistants
and departmental and institutional heads, including officers and employees of the Water Works
and Waste Water_ Treatment Plant but not including policemen, firemen or officers and employees
of the South Bend Public Transportation Corporation.
SECTION FOUR: It is hereby declared that none of the classifications or positions
specified in Section Three are compensated on a fee basis or on an emergency nature, or in a
part-time category,
SECTION FIVE: The active participating membership of the City of South Bend shall begin)
on January 1, 1 971.
SECTION SIX: This resolution shall be in full force and effect from date of passage
and upon approval of the Board of Trustees of the Public Employees' Retirement Fund of Indiana,
except that active participation membership shall begin on the date set forth in Section Five.
/s/ Gerald C. Reinke
Member of the Common Council
A public hearing on the above resolution was held at this time. City Controller James Bickel
explained that each employee will contribute 3% of his base salary and the City will contribute
10.92% of each covered employees gross salary. Mr. Bickel spoke in favor of the City's participa-
tion in the fund. Mr. Kenneth W. Buhle, 1532 Vernerlee Lane, South Bend, and a representative
of the Teamsters Local #364 in South Bend, spoke on behalf of the City Teamsters members and
urged the Council to adopt the resolution.
Councilman Laven entertained a motion for a recess. Councilman Allen so moved, seconded by
Councilman Zielinski. Motion carried. Time: 10:25 p.m.
The Council reconvened at 11:15 p.m.
and
Councilman .Laven said he was for the retirement plan /believed it was a step forward in stabilizing
the employment in city government.. He also said the Council must exercise restraint and be con-
cerned about the growing tax rate. Councilman Reinke stated that he believed the adoption of
this program would encourage better employees and better production in city government, however,
he said the industrial plants are doing much more for their employees. Councilman Wise opposed
the resolution because of the tax situation and said the city is already considering a wage
increase for next year. Councilman Palmer explained he was for the retirement benefits for city
employees, but, he said he opposed it because it places a tax burden on the people. Councilman
Allen stated it will be up to the city workers to sell this program to the citizens -- because
the workers will receive the benefits of the program and the citizens will bear the burden of
higher taxes. Councilman Szymkowiak said he believed with the adoption of this plan, the employ-
ees in all departments will put more effort forward in their work to prove to the taxpayers that
this is a good program.
Councilman Reinke made a motion, seconded by Councilman Szymkowiak, that the resolution be adopted
Motion carried. 7 ayes, (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak and Zielinski
2 nays, (Councilmen Wise and Palmer).
OLD BUSINESS
Councilman Zielinski asked why he has not received a reply to his request for.information(as to
why they are paving streets in the newly annexed areas) from the Board of Public Works & Safety.
City Engineer Lloyd Taylor replied that he is preparing a letter to the Council but has not had
a chance to complete it because he has been out of town.
There being no further business to come before the Council,
Council- President Laven entertained a motion for adjournment. Councilman Zielinski so moved,
seconded by Councilman Allen. Motion carried. Time: 11:25 p.m.
ATTEST:
0
PRESIDENT