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HomeMy WebLinkAbout11-09-70 Council Meeting MinutesC REGULAR MEETING NOVEMBER 9, 1970 REGULAR MEETING - REC Be it remembered that the Common Council of Council Chambers in the County -City Building present. The meeting was called to order by REPORT FROM COMMITTEE ON MINUTES NOVEMBER 9, 1970 the City of South Bend, Indiana, reconvened in the on Monday, November 9, 1970 at 9:49 p.m., all members Council- President Robert 0. Laven, who presided. 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 the October 26, 1970 meeting of the Council and found them correct. They therefore recommend that the same be approved. /s/ Robert 0. Laven s Janet S. Allen 7-s7-Albert E. Palmer There being no objections, the report was accepted as read and placed on file. ICITIZENS REQUESTS - MISCELLANEOUS MATTERS Councilman Allen read a statement that she had drafted regarding the implementation of State laws concerning loitering and disorderly conduct. She urged the City to invoke and enforce existing state laws. Councilman Allen made a recommendation, that was seconded by Councilman Grounds, that the City Attorney draw up a re8 1 ti n and insert the proper numbers of the State Laws regarding loitering and disorderly /inu��e resolution, and, this be presented to the Council at the November 23, 1970 meeting. Motion carried. Mrs. Fred Mutzel read a statement giving her qualifications for objecting to ordinances- -she said her experience working for attorneys - -gives her qualifications for intelligently questioning some of the ordinances being considered for passage by the Council. (REPORT FROM THE CITY CONTROLLER City Controller James A. Bickel answered various questions from the Councilmen and explained the Controllers Report for the month of September, 1970, each Councilman having received a copy of the report prior to the meeting. There being no objections, the report was accepted and placed on file. REPORT FROM THE AREA PLAN COMMISSION lOctober 23, 1970 The Honorable Common Council of the City of South Bend County-City-Building South Bend, Indiana Gentlemen: Re: Builders United Enterprises, Inc. Schenefield's Subdivision (Notre Dame Apartments for Students) Please be advised that the petition of Builder's United Enterprises, Inc. to rezone from "A" Residential Use and "A" Height and Area to "B" Multi- dwelling Use and "B" Height and Area the following described property in the City of South Bend: Lots numbered 1 through 20, inclusive, in E. N. Schenefield's Subdivision of Lot 143 of Sorin's Second Addition, was found by the Area Plan Commission not to be in legal form, since the petitioner did not represent owners of fifty percentum or more of the area involved in the petition as set forth in Section 23-- Changes and Amendments of the South Bend Zoning Ordinance. The petitioner was notified by the Commission that a new petition would have to be submitted in accordance with Section 23-- Changes and Amendments of the Zoning Ordinance of the City of South Bend. Very truly yours, /s/ Howard Bellinger, HB:eb Executive Director There being no objections, the report was accepted as read and placed on file. M REGULAR MEETING November 9, 1970 REPORT FROM THE AREA PLAN COMMISSION November 4, 1970 The Honorable Common Council of the City of South Bend County -City Building South Bend, Indiana Gentlemen: Re: Site #1 18343 State Route #23 Petition of Jack S. Young The attached rezoning petition of Jack S. Young et al. was legally advertised on November 8 and 15 and given public hearing on November 18, 1969. The following action was taken: Following discussion by the Commission, it was moved by Mr. Taylor, seconded by Mr. Reinke and carried that the ordinance and site development plan be recommended favorably to the Common Council provided the following recommenda- tions are complied with: 1. Screening shall be designated as a minimum of 6 feet high. 2. All drainage and storm water retention provisions shall be shown on the site plan. 3. Curb Cut approval shall be obtained and all requirements of the technical committee met. Excerpts from the minutes are attached and made a part of this report. Very truly yours, /s/ Howard Bellinger, Executive Director HB:eb Attach. F.S. The above requirements have now been complied with. HB There being no objections, the report was accepted and placed on file. REPORT FROM AREA PLAN COMMISSION November 4, 1970 The Honorable Common Council of the City of South Bend County -City Building South Bend, Indiana Re: Site #2 18401 State Road #23 The attached rezoning petition of Lyle Burnside, et al, (Eathan Jackson) was legally advertised on November 8 and 15 and given public hearing on November 18, 1969. The following action was taken: After discussion, it was moved by Mr. Woods, seconded by Mr. J. Miller and carried that the ordinance and site development plan be recommended favorably to the Common Council subject to the following: 1. All drainage and surface water runoff retention information shall be included on the site plan. 2. Curb cut approval shall be obtained and the requirements of the Technical Committee met. Excerpts from the minutes are attached and made a part of this report. Very truly yours, /s/ Howard Bellinger, Executive Director HB:eb Attach. P.S. These requirements have now been complied with. HB. There being no objections, the report was accepted and placed on file. REGULAR MEETING November 9, 1970 II REPORT FROM AREA PLAN COMMISSION November 5, 1970 The Honorable Common Council of the City of South Bend County -City Building South Bend, Indiana Gentlemen: Re: Kensington Farms -Crest Manor Area (Annex -Ord. #5011 -68) The attached zoning ordinance originated by the Area Plan Commission to rezone recently annexed land was legally advertised on October 10 and 17, 1970, and was given public hearing on October 20, 1970. The following action was taken at that hearing by the Area Plan Commission: After due consideration, Mr. Lehman moved, motion was seconded by Mr. Sharp and unanimously carried that this petition be recommended favorably to the Common Council. Excerpts from the minutes are attached and made a part of this report and twenty -five copies of the proposed ordinance are attached. Very truly yours, /s/ Howard Bellinger, Executive Director HB:eb Attachs. The report was accepted as read and placed on file. No objections were given. (REPORT FROM-AREA PLAN COMMISSION November 5, 1970 The Honorable Common Council of the City of South Bend County -City Building South Bend, Indiana Re: 4 -H Fairground area Between York Rd and Ironwood Rd. Gentlemen: South of Jackson Rd. The attached zoning ordinance originated by the Area Plan Commission to rezone recently annexed land was legally advertised on October 10 and 17, 1970, and was given public hearing on October 20, 1970. The following action was taken at that hearing by the Area Plan Commission: After due consideration, Dwight Miller made a motion, seconded by Mr. Bowers, that this petition for zoning be recommended favorably to the Common Council of the City of South Bend. Motion carried unanimously. Excerpts from the minutes are attached and made a part of this report and twenty -five copies of the proposed ordinance are attached. Very truly yours, /s/ Howard Bellinger, Executive Director HB:eb Attachs. There being no objections, the report was accepted as read and placed on file. REPORTS 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, seconded by Councilman Zielinski. Motion carried unanimously. ORDINANCES, THIRD READING ORDINANCE NO. 5241 -70 AN ORDINANCE FOR ADDITIONAL APPROPRIATION FROM THE GENERAL FUND IN THE AMOUNT OF $2,500.00 TO ACCOUNT T -726, "OTHER EQUIPMENT ", IN THE BUDGET OF THE TRAFFIC DEPARTMENT AND ALL BEING WITHIN THE GENERAL FUND. The Ordinance was given third reading. Councilman Grounds made a motion, seconded by Councilman Palmer, for passage of the ordinance. 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, 0 absent. 464 REGULAR MEETING NOVEMBER 9, 1970 ORDINANCES, THIRD READING, (CONT -D.) ORDINANCE NO. 5242 -70 AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS TO ACCOUNT MVH -13 "SERVICES PERSONAL - EXTRA AND OVERTIME in THE AMOUNT OF $6,000.00, AND TO ACCOUNT MVH -722 "MOTOR EQUIPMENT" IN THE AMOUNT OF $7,000.00 AND THE TRANSFER OF SAID SUMS FROM ACCOUNT MVH -11 "SERVICES PERSONAL ADMINISTRATIVE" ALL BEING IN THE MOTOR VEHICLE HIGHWAY DEPARTMENT AND ALL BEING WITHIN THE GENERAL FUND. The Ordinance was given third reading. Zielinski, for passage of the Ordinance. was passed by a roll call vote of 9 ayes Szymkowiak, Wise, Palmer and Zielinski) ORDINANCE NO. 5243 -70 Councilman Craven made a motion, seconded by Councilman There being no discussion on the motion, the Ordinance (Councilmen Laven, Allen, Reinke, Craven, Grounds, 0 nays, 0 absent. AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WASTEWATER TREATMENT PLANT OF SOUTH BEND, INDIANA AND DEEDS EQUIPMENT COMPANY, INC., LAWRENCE, INDIANA, FOR PURCHASE OF ONE (1) USED SHIELD BANTAM TRUCK CRANE AND EQUIPMENT IN THE AMOUNT OF $8,000.00. The Ordinance was given third reading. Councilman Reinke made a motion, seconded by Councilman Craven, for passage of the Ordinance. 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, 0 absent. ORDINANCE NO. 5244 -70 AN ORDINANCE ANNEXING TERRITORY TO THE MUNICIPAL CITY OF SOUTH BEND, INDIANA, GENERALLY DESCRIBED AS LYING NORTH OF EDISON ROAD AND WEST OF SOUTH BEND AVENUE. (Rappelli Petition) The Ordinance was given third reading. Councilman Grounds made a motion, seconded by Councilman Szymkowiak, for passage of the Ordinance. 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, 0 absent. ORDINANCE NO. 5245 -70 AN ORDINANCE CHANGING THE NAMES OF CERTAIN STREETS WITHIN THE CITY OF SOUTH BEND. The Ordinance was given third reading. Councilman Allen made a motion, seconded by Councilman Zielinski, for passage of the Ordinance. 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, 0 absent. Council- President Laven directed the Streets, Alleys & Bridges Committee (Councilman Grounds, Chairman, Councilmen Reinke and Szymkowiak) to meet with the City Engineer and review other street names that should be changed and draw up a similar ordinance. ORDINANCES, FIRST AND SECOND READING 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. (State Road #23, South Bend Avenue, Vaness Street, Site #1) The Ordinance was given first reading by title and second reading in full. Councilman Palmer made a motion that the ordinance be given a public hearing on November 23, 1970. Councilman Wise seconded the motion.. Motion carried. 9 ayes, 0 nays, 0 absent. REGULAR MEETING NOVEMBER 9, 1970 ORDINANCES, FIRST AND SECOND READING,(CONT'D.) 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 ACCOMPANY- ING MAP THERETO, GENERALLY KNOWN AS THE SOUTH BEND ZONING ORDINANCE BY CHANGING THE CLASSIFICATION OF THE USE DISTRICT FOR A CERTAIN PARCEL OF LAND. (State Road #23, South Bend Avenue, Vaness Street, Site #2) The Ordinance was given first reading by title and second reading in full. Councilman Zielinski made a motion, seconded by Councilman Craven, that the ordinance be given a public hearing on November 23, 1970. Motion carried. 9 ayes, 0 nays, 0 absent. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE 4990 CHAPTER 40 OF MUNICIPAL CODE (Formerly Zoning Ordinance 3702) AS AMENDED. (An ordinance affecting Kensington Farms Subdivision and Crest Manor -- generally located east of Miami Road.) The Ordinance was given first reading by title and second reading in full. Councilman Reinke made a motion, seconded by Councilman Zielinski, that the ordinance be given a public hearing on November 23, 1970. Motion carried. 9 ayes, 0 nays, 0 absent. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE 4990 CHAPTER 40 OF MUNICIPAL CODE (Formerly Zoning Ordinance 3702) AS AMENDED. (An Ordinance affecting approximately 119.66 acres lying between York Road and Ironwood Road south of Jackson Road, commonly known as 4 -H Fairgrounds) The Ordinance was given first reading by title and second reading in full. Councilman Allen made a motion, seconded by Councilman Craven, that the ordinance be given a public hearing on November 23, 1970. Motion carried. 9 ayes, 0 nays, 0 absent. ORDINANCE AN ORDINANCE TO APPROPRIATE $5,768.45 FROM THE MOTOR VEHICLE HIGHWAY FUND TO ACCOUNT MVH -42, "STREET AND ALLEY MATERIALS ". The Ordinance was given first reading by title and second reading in full. Councilman Zielinski made a motion, seconded by Councilman Palmer, that the ordinance be given a public hearing on November 23, 1970. Motion carried. 9 ayes, 0 nays, 0 absent. ORDINANCE AN ORDINANCE APPROPRIATING THE SUM OF $315,000.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND. The Ordinance was given first reading by title and second reading in full. Councilman Grounds made a motion, seconded by Councilman Wise, that the ordinance be given a public hearing on November 23, 1970. Motion carried. 9 ayes, 0 nays, 0 absent. ORDINANCE AN ORDINANCE AMENDING SECTION 35 -15 OF THE MUNICIPAL CODE RELATING TO DOWNSPOUTS The Ordinance was given first reading by title and second reading in full. Councilman Zielinski made a motion, seconded by Councilman Craven, that the ordinance be given a public hearing on November 23, 1970. Motion carried. 0 ayes, 0 nays, 0 absent. 6 REGULAR MEETING NOVEMBER 9, 1970 ORDINANCES FIRST AND SECOND READING (CONT'D) ORDINANCE AN ORDINANCE FOR ADDITIONAL APPROPRIATION FROM THE GENERAL FUND IN THE AMOUNT OF $2,000.00 TO ACCOUNT Q -262, "MEDICAL, SURGICAL & DENTAL ", IN THE BUDGET OF THE FIRE DEPARTMENT AND ALL BEING WITHIN THE GENERAL FUND. The Ordinance was given first reading by title and second reading in full. Councilman Zielinski made a motion, seconded by Councilman Palmer, that the ordinance be given a public hearing on' November 23, 1970. Motion carried. 9 ayes, 0 nays, 0 absent. ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION FROM THE GENERAL FUND IN THE AMOUNT OF $22,500.00 TO ACCOUNT B -53, "REFUNDS, AWARDS AND INDEMNITIES" IN THE OFFICE OF THE CITY CONTROLLER. The Ordinance was given first reading by title and second reading in full. Councilman Grounds made a motion, seconded by Councilman Zielinski, that the ordinance be given a public hearing on November 23, 1970. Motion carried. 9 ayes, 0 nays, 0 absent. RESOLUTIONS RESOLUTION NO. 250 -70 A RESOLUTION FOR TRANSFER OF FUNDS IN THE GENERAL PARK FUND - $2,700.00. ALL TRANSFERS ARE BEING MADE IN THE SAME BUDGET CLASSIFICATION WITHIN THE GENERAL PARK FUND. WHEREAS, certain extraordinary conditions have developed since the adoption of the existing annual budget so that it is now necessary to transfer money from one account to another in the same category in the annual budget for various functions of the Department of Public Parks to meet such extraordinary emergencies and; WHEREAS, it has been ascertained that certain accounts in the Park General Fund have more money than is needed at this time, NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend: Section 1. That the following account be reduced in the amount set opposite said account to -wit: Acct. No. 62 Classification Current Obligations Item Amount Social Security $2,700.00 Section 2. That the following account be increased in the amount set opposite said account to -wit: Acct. No. Classification Item Amount 64 Current Obligations Hospital Insurance $2,700.00 That the transfer of funds as set forth in Sections 1 and 2 are required for the proper and efficient operation and function of the Department of Public Parks of South Bend and an extraordinary emergency is declared to exist concerning the foregoing transfer. This Resolution shall be in full force and effect from and after its passage by the Common Council of the City of South Bend. /s/ Walter M. Szymkowiak Member of the Common Council A public hearing was held on the resolution at this time. City Controller James Bickel explained that this was an account transfer from the Social Security Fund to the Hospital Insurance Fund. He said this amount represents four quarters of Social Security which will not be needed now that the City has established by ordinance a city employee retirement fund. Councilman Reinke made'a motion, seconded by Councilman Wise, for the adoption of the Resolution. Motion carried. 9 ayes, (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Wise, Palmer and Zielinski) 0 nays, 0 absent. REGULAR MEETING NOVEMBER 9, 1970 RESOLUTIONS (font'd.) RESOLUTION NO. 251 -70 A RESOLUTION AUTHORIZING LEASE OF AN UNUSED FIRE STATION TO A.C.T.I.O.N., INC. FOR USE AS OFFICES, WHEREAS, the City of South Bend, Indiana, being the owner of vacated fire station premises, described in copy of a lease attached hereto as hereinafter recited, and has no current use for said premises, and WHEREAS, A.C.T.I.O.N., INC., a non profit corporation and the agency designated to administer the anti - poverty program, desires to lease said premises for offices for the period from October 1, 1970, through September 30, 1970 and WHEREAS, -the City of South Bend by virtue of said lease can obtain in -kind credit towards its contribution to such program as required by the Federal Anti - Poverty Progra m, INDIANA: NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, Section 1. Pursuant to the authority set forth in the Acts of the General Assembly for the year 1905, Chapter 129, that certain lease entered into by and between A.C.T.I.O.N., INC. and the City of South Bend, Indiana, by and through its Board of Public Works and Safety and its Mayor, on the 5th day of November, 1970, which lease is attached hereto, marked Exhibit "A" and incorporated herein by reference to the same extent as if it were fully recited herein, is hereby approved and confirmed. /s/ Raymond C. Zielinski Member of the Common Council A public hearing was held on the resolution at this time. At the suggestion of City Attorney S. J. Crumpacker, Councilman Craven made a motion, seconded by Councilman Zielinski, that the resolution be amended in the second paragraph, line 4, to read as follows "through September 30, 1971 and" thereby deleting the date "197011. Motion carried. 9 ayes, 0 nays, 0 absent. City Attorney Crumpacker stated that this was a standard form of lease the City uses. This particular lease is for Fire Station #5 on Lincoln Way East, however, there is a minor change which continues the lease from year to year without cancellation unless one of the parties expresses a termination. He said the City receives no compensation in terms of money. He said this is a federally sponsored program and A.C.T. I.O.N. is responsible for the maintenance of the premises. Councilman Allen made a motion, seconded by Councilman Craven, for the adoption of the resolution, as amended. Motion carried. 9 ayes (Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Wise, Palmer and Zielinski. 0 nays, 0 absent. RESOLUTION NO. 252 -70 A RESOLUTION AUTHORIZING LEASE OF AN UNUSED FIRE STATION TO A.C.T.I.O.N., INC., FOR USE AS A NEIGHBORHOOD CENTER WHEREAS, the City of South Bend, Indiana, being the owner of vacated fire station premises described in the copy of a lease attached hereto as hereinafter recited and has no current use for the premises, and WHEREAS, A.C.T.I.O.N., Inc., a non profit corporation and the agency designated to administer the local anti - poverty program, desires to lease said premises for the period from October 1, 1970, through September 30, 1971, for a neighborhood center to provide social service to the residents of the city of South Bend, Indiana, and WHEREAS, the City of South Bend, by virtue of said lease, can obtain in -kind credit toward its contribution to such program as required by the Federal Anti - Poverty Program, NOW, THEREFORE, BE IT RESOLVED BY THE C014MON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: Section 1. Pursuant to the authority set forth in the Acts of the General Assembly for the year 1905, Chapter 129, that certain lease entered into by and between A.C.T.I.O.N.,Inc., and the City of South Bend by and through its Board of Public Works and Safety and its Mayor, on the 5th day of November, 1970, which lease is attached hereto, marked Exhibit "A" and incor- porated herein by reference to the same extent as if it were fully recited herein, is hereby approved and confirmed. /s/ Raymond C. Zielinski Member of the Common Council A public hearing was held on the resolution at this time. City Attorney Crumpacker stated that this neighborhood center is one of the programs run and supported by ACTION. This is #7 Fire Station at the corner of Notre Dame and South Bend Avenue. The City has negotiated with Notre Dame and they have deeded the station back to the City with the stipulation that it would be used for some type of social program. This has been in operation three years in this station, he said. Councilman Reinke made a motion, seconded by Councilman Craven, for the adoption of the resolution. Motion carried. 9 ayes (Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak Wise, Palmer and Zielinski) 0 nays, 0 absent. E REGULAR MEETING NOVEMBER 9, 1970 RESOLUTIONS, (CONT'D) RESOLUTION A RESOLUTION AUTHORIZING LEASE OF AN UNUSED FIRE STATION TO A.C.T.I.O.N., INC., FOR USE IN CONDUCT- ING A WORK RELEASE PROGRAM. (Fire Station #8) A public hearing was not held at this time on the resolution. Councilman Zielinski made a motion, seconded by Councilman Allen, that the public hearing be continued on December 14, 1970. Motion carried. (The public hearing was continued for the Council to have more time to study the lease and get more information on the proposal.) 9 ayes, 0 nays, 0 absent. RESOLUTION NO. 253 -70 A RESOLUTION REGARDING AN ORDINANCE CREATING A DEPARTMENT OF ECONOMIC DEVELOPMENT TO PROVIDE FOR INDUSTRIAL EXPANSION. (Ordinance No. 5240 -70) WHEREAS, an Ordinance creating a Department of Economic Development to Provide for Industrial Expansion in South Bend authorizing the creation of a South Bend Economic Development Commission was passed on October 26, 1970, by the South Bend Common Council; and, WHEREAS, it is believed that the creation of a Department of Economic Development and the appointment of Commissioners for its operation will be of value to the City as it attempts to create a climate conducive to economic growth and prosperity; and, WHEREAS, it is further expressed that such economic growth should and must come in such a manner as to improve and advance the quality of life that we already enjoy in our com- munity; and, WHEREAS, while it is understood that the South Bend Common Council in and of itself cannot change the letter of the Municipal Economic Development Act of 1965, (Burns 48- 8701 - 8725,. as amended) it can relate its belief on its implementation in the City of South Bend. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, the above mentioned Commission be organized and operated as follows: (1) The South Bend Economic Development Commission, once created, be in fact responsible as an operating agency to the administrative head of the City. (2) The Commission staff, once employed, be housed in the County -City Building, South Bend, Indiana, and communicate to the administrative head of the City, or his designee, at least monthly as to its operations or intended operations. (3) Such staff, though employed by the Commission, should be employed through the existing Personnel Department in the City and in accord with existing employment practices of the City. Also, it is hereby understood that the compensation of these commission employees be in accord with comparable salary positions of other City employees, with such salary being regulated annually by the South Bend Common Council, as it does that of all other City employees. (4) Inasmuch as the Commission must have its formal actions and proposed actions approved by the Common Council, it is suggested that such plans, as they develop, be informally reviewed periodically with the Council's Committee on Industrial Development. Such review should be well in advance of formal Council action and as often as need dictates relative to the operations of the Commission. (5) The nominee from the Common Council to the Mayor for appointment to serve on the Commission should be a member of the Common Council currently in office. THIS RESOLUTION adopted by the Common Council of the Civil City of South Bend, Indiana, this 9 th day of November, 1970. /s/ Robert 0. Laven Member of the Common Council /s/ Robert 0. Laven President of the Common Council ATTEST: /s/ Kathryn L. Blough City Clerk A public hearing was held on the resolution at this time.. Council - President Laven explained that this was the formal Council expression on how this department and commission should relate and be implemented in the city. He said'--he Council will exercise control of the Commission and this resolution makes it clear that we want to establish our views:' Councilman Reinke made a motion, seconded by Councilman Zielinski, for the adoption of the resolution. Motion carried. 9 ayes, (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Wise, Palmer and Zielinski) 0 nays, 0 absent. REGULAR MEETING NEW BUSINESS NOVEMBER 23, 1970 469 Councilman Allen read a letter from the American Legion urging South Bend Residents to participate in the American Legion- sponsored Veterans Day observance at 11 a.m., Wednesday, November 11, 1970, in front of the County -City Building. There being no further business to come before the Council, Council- President Laven entertained a motion for adjournment. Councilman Allen so moved, seconded by Councilman Zielinski. Motion carried. Time: 11:25 p.m. ATTEST: APPROVED: 0 PRESIDENT