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HomeMy WebLinkAbout05-24-71 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, May 24, 1971, at 9:01 P. M. The meeting was called to order by Council President Robert 0. Laven, who presided. 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 May 10, 1971 meeting of the Council and found them correct. They therefore recommend that the same be approved. /s/ Robert 0. Laven Isl Janet S. Allen Isl Albert E. Palmer There being no objections, the report was accepted as read and placed on file. CITIZENS REQUESTS - MISCELLANEOUS MATTERS Council President Laven introduced County Councilmen Richard Larrison and Al E. Paszek. In,re- sponse to Mr. Laven's statements regarding the County Council's position to withhold additional appropriations, Mr. Larrison read the following letter: "Miss Allen and Gentlemen of the Council: I am Richard Larrison, member of the St. Joe County Council. In reviewing the statement made by Mr. Robert Laven on May 0, 1971 regarding MACOG, I am here to defend our position in the decision to withhold additional appropriations. If Mr. Laven had investigated the County Council's action on MACOG he.would have noted that we did in fact have many reasons for denying MACOG additional funds at that time. On several occassions the County Council sat in meetings with some of the leading citizens of South Bend., The first was when Mayor Allen appeared before the County Council. He was asked to look into the budget. We received his promise. But that was all -- No action. The area Chamber of Commerce asked for and received a meeting with the Council. They agreed that the budget was out of line and promised to see if it was possible to get one that everyone could live with. Again promises -- No action. The Area Man Comm. in a meeting with the County Council again agreed, but this time the Council did receive a so- called revised budget. The only difference being the planner was dropped for the re- maining 8 months and the rest of the budget was pro rated to the end of the year. Is this what you call a completely revised budget, when in fact nothing in the budget was altered in any way? HUD has stated many times that MACOG could be operated very effectively with a part time director. With this statement, why do we have to go all the way to Grand Rapids to pay a man $16,500 for a part time job? Many feel that an elected official from one or more of the member counties should run MACOG. Attorney fees are also an unnecessary item in the budget. If MACOG would be operated the way it is supposed to be set up, the plans will have been formulated by each county's Area Plan Comm., who already have their own attorney. These two jobs alone could save the taxpayers over $20,000. As for transportation -- $2,700.00 for a car, $450.00 for gasoline and $250.00 for maintain- ing this car is bad enough, but to add $1,200.00 for travel expense is something else. This adds up to $4,600.00 for transportation for a part time job. The County Council is not opposed to MACOG, just the way it is being set up. It's orig- inal intent was to be ? co ordinating agency, but it is developing into a master planning agency. Elected officials in several communities which are members of MACOG have stated that MACOG should be reorganized to best serve everyone. Mr. Laven, you stated on T.V. that the city of South Bend has a surplus of money and if the County Council did not pay MACOG, the city would. Well, Mr. Laven, it seems to me that if the city has such a surplus of money you would be looking for a way to cut the tax rate in the city instead of working so hard to spend it. As to the statement that the County Council failed to pay its share to MACOG. We have already paid $7,695.00 and have supplied the working staff for MACOG through the Area Plan Comm. After all who pays their salary if it's not St. Joe County. REGULAR MEETING MAY 24, 1971 CITIZENS REQUESTS -- MISCELLANEOUS MATTERS (Continued) These are but a few reasons the County Council acted as they did and as far as I am con- cerned, will continue to do so until some action is taken to correct these deviations. The taxpayers are already over burdened with bright ideas costing millions of dollars for questionable programs. It's about time that you and your great city father wake up to the fact that there are some branches of Government that won't bow under your pressure, but instead work for the taxpayer. In my opinion the Common Council would be doing the citizens of South Bend a great dis- service in providing any supplemental funds to MACOG. We have not killed MACOG. We are merely keeping a harness on it so it will be answerable to the people - -not the people to it. Thank you. Richard Larrison St. Joe County Council" Mrs. Lee Swan, 2022 Swygart, South Bend, spoke unfavorably about the new no burning ordinance stating that if wrecked cars could be burned, she felt that she could burn her papers. Mr. Roman J. Kowalski, 802 Birchway, South Bend, requested a report from the Economic Development Commission. Council President Laven replied that such a report was forthcoming since a reso- lution on the agenda tonite would answer his inquiry. REPORTS FROM AREA PLAN COMMISSION Council President Laven entertained a motion to dispense with the reading of the Area Plan Com- mission reports. Councilman Allen so moved, seconded by Councilman Szymkowiak. Motion carried unanimously. There being no objection, the reports were accepted as presented and placed on file. May 12, 1971 The Honorable Common Council of the City of South Bend County -City Building South Bend, Indiana Gentlemen: The attached petition to amend the South Bend Zoning Ordinance of Place and Company, Inc. was legally advertised on April 17 and April 24, 1971, and a public hearing was held on Wednesday, April 28, 1971, at which time the following action was taken: After due consideration, it was moved, seconded and carried that the ordinance be recommended favorably to the Common Council of the City of South Bend. Excerpts from the minutes of the Area Plan Commission will be forwarded to you at a later date. Very truly yours, /s/ Howard Bellinger Executive Director f There being no objections, the report was accepted and placed on file. May 19, 1971 The Honorable Common Council of the City of South Bend County -City Building South Bend, Indiana Gentlemen: Re: Rezoning petition of Mabel F. Hine and Seeley's Boot Shop, Inc., 3525 S. Michigan Street, South Bend The attached rezoning petition of Mabel F. Hine and Seeley's Boot Shop, Inc. was readvertised for a second public hearing on May 8 and 15, 1971 and a public hearing was held on Tuesday, May 18, 1971, at which time the following action was taken: After due consideration, it was moved, seconded and carried that the ordinance and site development plan be recommended favorably to the Common Council of the City of South Bend. Excerpts from the minutes of said meeting will be forwarded to you at a later date. Very truly yours, /s/ Howard Bellinger Executive Director There being no objections, the report was accepted and placed on file. REGULAR MEETING MAY 24, 1971 REPORTS FROM AREA PLAN COMMISSION (Continued) May 20, 1971 The Honorable Common Council of the City of South Bend County -City Building South Bend, Indiana Gentlemen: Re: Rezoning petition of South Bend Range Corporation The attached rezoning petition of South Bend Range Corporation was advertised foxvublic hearing on April 10 and April 17, 1971 and a public hearing was had on Tuesday, April 20, 1971, at which time a continuance was requested to the May 18, 1971 meeting. At the May 18, 1971 meeting the following action was taken: After due consideration it was moved, seconded and carried that the ordinance and site development plan be recommended favorably to the Common Council of the City of South Bend. Excerpts from the minutes of said meeting will be forwarded to you at a later date. Very truly yours, /s/ Howard Bellinger Executive Director There being no objections, the report was accepted and placed on file. May 20, 1971 The Honorable Common Council of the City of South Bend County -City Building South Bend, Indiana Gentlemen: Re: Rezoning petition of Ralph and Wanda Williams, 3000 E. Jefferson The attached rezoning petition of Ralph and Wanda Williams was advertised for public hearing on May 8 and May 15, 1971, and a public hearing was held on Tuesday, May 18, 1971, at which time the following action was taken: After due consideration, it was moved, seconded and carried that the.ordinance and site development plan be recommended favorably to the Common Council of the City of South Bend. Excerpts from the minutes of the May 18th meeting will be forwarded to you at a later date. Very truly yours, /s/ Howard Bellinger Executive Director There being no objections, the report was accepted and placed on file. May 20, 1971 The Honorable Common Council of the City of South Bend County -City Building South Bend, Indiana Gentlemen: Re: Rezoning ordinance originated by the Area Plan Commission to rezone property recently annexed and located south of Ireland Road, west of Miami Road, north of Jackson High School and East of the U. S. 31 By -Pass Interchange The attached rezoning petition originated by the Area Plan Commission of St. Joseph County was advertised for public hearing on May 8 and May 15, 1971, and a public hearing was held on Tuesday, May 18, 1971, at which time the following action was taken: After due consideration, it was moved, seconded and carried that the ordinance be recommended favorably to the Common Council of the City of South Bend subject to the finalization of the annexation. Excerpts from the minutes of said meeting will be forwarded to you at a later date. Very truly yours, /s/ Howard Bellinger Executive Director There being no objections, the report was accepted and placed on file. rC REGULAR MEETING MAY 24, 1971 REPORTS FROM AREA PLAN COMMISSION May 20, 1971 The Honorable Common Council of the City of South Bend County -City Building South Bend, Indiana Gentlemen: (Continued) Re: Rezoning ordinance originated by the Area Plan Commission to rezone property recently annexed and commonly called the K- Mart- -Brite -Way Area The attached rezoning petition originated by the Area Plan Commission of St. Joseph County was advertised for public hearing on May 8 and May 15, 1971, and a public hearing was held on Tuesday, May 18, 1971, at which time the following action was taken: After due consideration, it was moved, seconded and carried that the ordinance be recommended favorably to the Common Council of the City of South Bend subject to the finalization of the annexation. Excerpts from the minutes of said meeting will be forwarded to you at a later date. Very truly yours, /s/ Howard Bellinger Executive Director There being no objections, the report was accepted and placed on file. REPORT OF 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 Reinke seconded the motion. Motion carried unanimously. ORDINANCES,_ THIRD READING ORDINANCE NO. 5296 -71 AN ORDINANCE FOR TRANSFER OF FUNDS IN THE AMOUNT OF $12,500.00 FROM "SERVICES PERSONAL" TO "SERVICES CONTRACTUAL" IN THE BUDGET OF THE OFFICE OF CITY CLERK, ALL BEING WITHIN THE GENERAL FUND The ordinance was given third reading. Councilman Zielinski made a motion, seconded by Councilmax Craven for passage of the ordinance. Council President Laven made a comment that he is pleased that the attorneys are going ahead with the recodification. There being no further discussion on the motion, the ordinance was passed by a roll call vote of 8 ayes. (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkoviak, Palmer and Zielinski) 1 absent (Councilman Wise) ORDINANCE NO. 5297 -71 AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $22,800.00 FROM ACCOUNT XX -261, "OTHER CONTRACTUAL SERVICES ", TO THE FOLLOWING ACCOUNTS: ACCOUNT XX -12, "TEMPORARY HELP ", $20,000.00, ACCOUNT XX -215 "TRANSPORTATION ALLOWANCE ", $550.00, ACCOUNT XX -37 "OTHER SUPPLIES ", $500.00 AND ACCOUNT XX -722 "MOTOR EQUIPMENT ", $1,750.00, IN THE SANITATION DEPARTMENT, ALL BEING WITHIN THE GENERAL FUND The ordinance was given third reading. Councilman Reinke made a motion, seconded by Councilman Allen for passage of the ordinance. Councilman Palmer commented that he believed that the city has able bodied men on welfare that should help with this program without taking some money out of the taxpayers' pockets, however, he said he would vote aye. There being no further discussion) on the motion, the ordinance was passed by a roll call vote of 8 ayes. (Councilmen Laven, Allen,) Reinke, Craven, Grounds, Szymkowiak, Palmer and Zielinski) 1 absent (Councilman Wise) ORDINANCES, FIRST AND SECOND READING Council President Laven announced that City Clerk Kathryn L. Blough has received a communication in the form of a resolution from the Board of Public Works and Safety. He asked the Clerk to read the resolution concerning financing and improving conditions in the city sewage. RESOLUTION OF BOARD OF PUBLIC WORKS AND SAFETY WHEREAS, the Stream Polution Control Board of the State of Indiana, acting pursuant to Chapter 214 of the Acts of the General Assembly for the year 1943 on October 23, 1964, issued a final ord to the City of South Bend ordering said City to cease and desist from causing and contributing to the pollution of the St. Joseph River downstream from the point of entry of sewage treatment plan] effluent into said water; and said Board has ordered the City to construct facilities for ade- quate disinfection of the City's sewage treatment plant effluent,-,and WHEREAS, the City of South Bend owns and operates a sewage works and the Board has heretofore de- termined that said sewage works is in need of additions and improvements in order to comply with said final order; and WHEREAS, the Board has heretofore employed Clyde E. Williams & Associates, Inc., consulting engi- neers of South Bend, Indiana, to prepare plans, specifications and estimates for said project, and said engineers have prepared said plans and specifications and the same have been approved by the Board and by all governmental authorities having jurisdiction, particularly the Stream Pollution Control Board of the State of Indiana, and the State Board of Health; and it REGULAR MEETING MAY 24,._1971 ORDINANCES, FIRST AND SECOND READING (Continued) WHEREAS, the Board has heretofore advertised for and received bids for the construction of said additions and improvements to the sewage works, and on the basis of said bids, and es- timates as to incidental expenses, the cost of said works, as defined by law, has been de- termined to be $7,641,275, more particularly itemized as follows: Construction $6,540,000 Technical Services 626,000 Legal and Fiscal 51,000 Contingency 424,275 Total Project Cost $7,641,275 and 5-105 WHEREAS, a federal grant in the amount of $3,060,250 and a grant from the State of Indiana in the amount of $1,391,025 have been made available to the City for application upon the cost of said sewage works project, but in order to finance the balance of the cost it will be ne- cessary to issue revenue bonds in the amount of $3,190,000 payable out of the revenues of the sewage works of the City; and WHEREAS, suggested forms of bond ordinance, rate ordinance and use ordinance, have been pre- pared, based upon data furnished by said consulting engineers and McCullough & Associates, Public Accountants of Indianapolis, Indiana, employed by the City, which ordinances have been duly considered by this Board and found satisfactory; now therefore, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF SOUTH BEND, INDIANA: 1. That this Board request the Common Council of the City of South Bend to authorize.the issuance of sewage works revenue bonds in the amount of $3,190,000 on the terms and conditions set out in the form of bond ordinance presented at this meeting; to increase the rates and charges provided in the form of rate ordinance presented at this meeting; and to enact an ordinance regulating the use, installation, and connection of sewers and drains. 2. That the Clerk of this Board be and she is hereby directed to present a copy of this re- solution and said ordinances to the City Clerk forpresentation to the Common Council as soon as may be done. Adopted this 24th day of May , 1971. Attest: /s/ Doris Allen Clerk /s/ Lloyd S. Taylor /s/ S. J. Crumpacker /s/ James A. Bickel Board of Public Works and Safety CLERK'S CERTIFICATE I, /s/ Doris Allen , the duly appointed, qualified and acting Clerk of the Board of Public Works and Safety of the City of South Bend, hereby certify that attached to this cer- tificate is a full, true and correct copy of a resolution adopted by said Board of Public Works and Safety on the 24th day of May , 1971. /s/ Doris Allen Clerk, Board of Public Works and Safety The forms of bond ordinance, rate ordinance, and use ordinance accompanying the resolution were then presented, and the Presiding Officer then stated that it would "now be in order for the Council to consider said forms of ordinances. Councilman William W. Grounds then introduced the bond ordinance, entitled: AN ORDINANCE CONCERNING THE CONSTRUCTION OF ADDITIONS AND IMPROVEMENTS TO THE SEWAGE WORKS OWNED AND OPERATED BY THE CITY OF SOUTH BEND, INDIANA, THE ISSUANCE OF ADDI- TIONAL REVENUE BONDS TO PROVIDE THE COST THEREOF, THE COLLECTION, SEGREGATION AND DISTRIBUTION OF THE REVENUES OF SAID WORKS, STHE SAFEGUARDING OF THE INTERESTS OF THE HOLDERS OF SAID BONDS, AND OTHER MATTERS CONNECTED THEREWITH, and moved that said ordinance be numbered and given first and second reading at this time. Said motion was seconded by Councilman Albert E. Palmer and on call of the roll was carried by the following vote: 8 ayes (Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Palmer and Zielinski) 0 nays 1 absent (Councilman Wise) The ordinance having been numbered 5298 -71, and having been given first and second reading, and the provisions of the same having been considered by the Council, Councilman William W. Grounds moved that the ordinance be set for public hearing on Tuesday, May 25, 1971, at 8:00PM local time. This motion was seconded by Councilman Albert E. Palmer and on call of the roll was carried by the following vote: 8 ayes (Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Palmer and Zielinski) 0 nays 1 absent (Councilman Wise) REGULAR MEETING MAY 24, 1971 ORDINANCES, FIRST AND SECOND READING (Continued) Councilman Fredrick D. Craven then introduced the rate ordinance, entitled: AN ORDINANCE AMENDING ORDINANCE NO. 3964 ENTITLED "AN ORDINANCE FIXING THE SCHEDULE'OF RATES AND CHARGES TO BE COLLECTED BY THE CITY OF SOUTH BEND, INDIANA, FROM THE _OWNERS OF PROPERTY SERVED BY THE SEWAGE DISPOSAL WORKS OF SAID CITY, AND OTHER MATTERS CONNECTED THEREWITH ", PASSED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA ON FEBRUARY 24,1954, AS AMENDED BY AN ORDINANCE NO. 4844 PASSED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA ON APRIL 25, 1966, and moved that said ordinance be numbered and given first and second reading at this time. Said motion was seconded by Councilman Raymond C. Zielinski and on call of the roll was carried'by the following vote: 8 ayes (Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Palmer and Zielinski) 0 nays 1 absent (Councilman Wise) The ordinance having been numbered 5299 -71, and having been read in full, and the provisions of the same having been considered by the Council, Councilman Fredrick D. Craven moved that the ordinance be carried over to a further meeting of the Council at which a public hearing thereon be held after published notice thereof, and that said meeting and public hearing be held on June 14, 1971. This motion was seconded by Councilman Raymond C. Zielinski and on call of the roll was carried by the following vote: 8 ayes (Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Palmer and Zielinski) 0 nays 1 absent (Councilman Wise) Thereupon the City Clerk was directed to publish notice of the meeting and public hearing as provided by law. Councilman Gerald Reinke then introduced the use ordinance, entitled: AN ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SEWERS:AND DRAINS, PRIVATE SEWAGE DISPOSAL, THE INSTAL- LATION AND CONNECTION OF BUILDING SEWERS, AND THE DIS- CHARGE OF WATERS AND WASTES INTO THE PUBLIC SEWER SYSTEM(S): AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF: IN THE CITY OF SOUTH BEND, COUNTY OF ST.JOSEPH, STATE OF INDIANA, and moved that said ordinance be numbered and given first and second reading at this time. Said motion was seconded by Councilman Fredrick D. Craven and on call of the roll was car- ried by the following vote: 8 ayes (Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Palmer and Zielinski) 0 nays, 1 absent (Councilman Wise) The ordinance having been numbered 5300 -71 and having been read in full, and the provisions of the same having been considered by the Council, Councilman Gerald Reinke moved that the ordi- nance be carried over to a further meeting of the Council at which a public hearing thereon be held after published notice thereof, and that said meeting and public hearing be held on June 14, 1971. This motion was seconded by Councilman Fredrick D. Craven and on call of the roll was car- ried by the following vote: 8 ayes (Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Palmer and Zielinski) 0 nays, 1 absent - (Councilman Wise) Thereupon the City Clerk was directed to publish notice of the meeting and public hearing as provided by law. Council President Laven entertained a motion for a five minute recess. Councilman Reinke so moved, seconded by Councilman Grounds. Motion carried unanimously. Time: 9:15 P. M. REGULAR 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, May 24, 1971, at 9:20 P. M. with eight members present (Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Palmer and Zi- eli.nski) 1 absent (Councilman Wise The meeting was called to order by Council President Robert 0. Laven, who presided. E 1 1 J REGULAR MEETING MAY 24, 1971, ORDINANCES, FIRST AND SECOND READING (Continued) ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO. 4990 -68 CHAPTER 40 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, FORMERLY REFERRED TO AS ZONING ORDINANCE NO. 3702 (Ironwood & Scottsdale Addition) The ordinance was given first reading by title and second reading in full. Counci.lman Grounds made a motion, seconded by Councilman Palmer, that the ordinance be set for public heari.ng on June 1.4, 1971. Motion carried. 8 ayes, 0 nays, 1 absent (Councilman Wise) oRnTNANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO. 4990 -68 CHAPTER 40 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, FORMERLY REFERRED TO AS ZONING ORDINANCE NO. 3702 (3525 South Michigan Street) W� 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 June 14, 1971. Motion carried. 8 ayes, 0 nays, 1 absent (Councilman Wise) ORDINANCE AN ORDINANCE AMENDING CHAPTER 40, SECTION 40 -14 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1963, ALSO KNOWN AS ORDINANCE NO. 3702 AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (N.E.Cor. Cherry & Napier Sts.) The ordinance was given first reading by title and second reading in full. Councilman Craven made a motion, seconded by Councilman Zielinski that the ordinance be set for public hearing on June 14, 1971. Motion carried. 8 ayes, 0 nays, 1 absent (Councilman Wise) nRMNANCE AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, IDENTIFIED AS ORDINANCE NO. 4990, ORDINANCE NO. 3702 AS AMENDED, TO THE EXTENT IT IS STILL EFFECTIVE, AND THE MUNICIPAL CODE OF SOUTH BEND, INDIANA, SECTION 40 -1 TO SECTIONS 40 -43, AS AMENDED TO THE EXTENT IT IS STILL EFFECTIVE (3000 East Jefferson Blvd.) 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 June 14, 1971. Motion carried. 8 ayes, 0 nays, 1 absent (Councilman Wise) 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 (S /Ireland, W /Miami Rds., E /U.S.31 By -Pass Interchange) 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 set for public hearing on June 14, 1971. Motion carried. 8 ayes, 0 nays, 1 absent (Councilman Wise) nRnTNAN('R 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 (K -Mart - Brite -Way Area) The ordinance was given first reading by title and second reading in full. Councilman Allen made a motion, seconded by Councilman Grounds that the ordinance be set for public hearing on June 14, 1971. Motion carried. 8 ayes, 0 nays, 1 absent (Councilman Wise) 572 REGULAR MEETING MAY 24, 1971 ORDINANCES, FIRST AND SECOND READING (Continued) nRnTXAWrR AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION TO ACCOUNT K -223, "HEAT ", IN THE AMOUNT OF $5,000.00, AND THE TRANSFER OF SAME FROM ACCOUNT E -11, "SERVICES PERSONAL ", BOTH ACCOUNTS BEING WITHIN THE GENERAL FUND (Trans. Funds - Morris Civic Aud.) The ordinance was given first reading by title and second reading in full. Councilman Craven made a motion, seconded by Councilman Zielinski, that the ordinance be set for public hearing on June 14, 1971. Motion carried. 8 ayes, 0 nays, 1 absent (Councilman Wise) ORDINANCE AN ORDINANCE TO APPROPRIATE $290,850.00 FROM THE LOCAL ROAD AND STREET FUND TO THE ACCOUNT "SERVICES CONTRACTUAL" WITHIN THE LOCAL ROAD AND STREET 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 set for public hearing on June 14, 1971. Motion carried. 8 ayes, 0 nays, 1 absent (Councilman Wise) RESOLUTIONS RESOLUTION NO. 274 -71 A RESOLUTION APPROVING A PROPOSED INDUSTRIAL DEVELOPMENT PROJECT OF THE SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION WHEREAS, by ordinance duly adopted by the Common Council on October 26, 1970, and approved by the Mayor on October 29, 1970, the South Bend Economic Development Commission has heretofore been created pursuant to the "municipal Economic Development Act of 1965" as amended (Burns Statutes, 48 -8701 through 48 -8725, inclusive); WHEREAS, the said Economic Development Commission has entered into negotiations with Service. Printers, Inc., relating to possible acquisition of an industrial facility for use by said Service Printers; and WHEREAS, the said Economic Development Commission has presented to the Common Council its estimates of the public services which would be made necessary or desirable, the expense thereof, �hl(%- number of jobs, the estimated payroll on account of the proposed acquisition and leasing o id facility and the cost thereof, together with the comments of the plan com- mission and the school corporation thereon. NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana SECTION I. That the proposed acquisition of an industrial facility by the South Bend Economic Development Commission for leasing to Service Printers, Inc., would be of public benefit to the economic welfare of the City of South Bend and would tend to improve and pro- mote job opportunities, industrial diversification, and economic stability; SECTION II. That the South Bend Economic Development Commission is hereby author- ized to enter into a preliminary agreement with Service Printers, Inc., in the nature of a conditional commitment to enter into a lease. /s/ Fredrick D. Craven Member of the Common Council A public hearing was held at this time on the resolution. City Engineer Lloyd S. Taylor read the following letter: "Mr. Robert Laven, President May 24, 1971 South Bend Common Council County -City Building South Bend, Indiana Dear Mr. Laven: Re: Resolution for Service Printers, Inc. Service Printers, Inc., is a long established South Bend corporation, and because of urban renewal is seeking a new site at the Oliver Print Shop. This firm employs approximately sixty-five persons, all of whom reside in the City at the present time. 1 1 1 1 1 REGULAR MEETING MAY 24, 1971 (RESOLUTIONS (Continued) The Service Printers Company desires to have theEconomic Development Commission purchase through bond issue the Oliver Print Shop building that is now vacant and lease it to them for fifteen year at which time, upon fulfillment of the lease, they would have full title to the building. The lease is to be designed to cover all purchase costs, taxes and insurance, and the bond issue has been submitted for purchase by one of the local banks. Respectfully submitted, Economic Development Commission /s/ Fredrick D. Craven By: Fred Craven Vice President" Miss Virginia Guthrie, executive secretary of the Civic Planning Association, stated that it is extremely important to keep the,i.ndustries we now have and also do all we can to help them expand. Councilman Grounds made a motion, seconded by Councilman Palmer, for the adoption of the resolut Motion carried by a roll call vote of 8 ayes (Councilman Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Palmer and Zielinski) 0 nays, 1 absent (Councilman Wise). (RESOLUTION NO. 275 -71 A RESOLUTION APPROVING CHANGES IN TIE .;FROGRAM CONTAINED IN THE FIRST YEAR COMPREHENSIVE PLAN FOR THE CITY DEMONSTRATION AGENCY WHEREAS, the City of South Bend has executed a Grant Agreement with the United.States dated August 3, 1970 under which the United States agreed to assist the city in carrying out its comprehensive city demonstration program (Program) and certain projects and activities listed in the Grant Budget of the Grant Agreement; and WHEREAS, on April 7, 1971, the Model Neighborhood Planning Agency Board adopted certain amendments to the First Action Year Comprehensive Plan of the Model Cities Program for South Bend, Indiana; and WHEREAS, together with said amendments said Board also approved proposed budgets for thell additional activities contemplated by said amendments, which proposed budgets total $224,503; and WHEREAS, Mayor Lloyd M. Allen has given his approval to said amendments and proposed budgets; and WHEREAS, there are and will continue to be unexpended and un- needed balances in the fun earmarked for other programs called for in said first year comprehensive plan sufficient to cover the cost of said proposals; and WHEREAS, said unexpended balances are in funds made available by the U. S. Department of Housing and Urban Development (H.U.D.); and WHEREAS, the Model Neighborhood Planning Agency Board on April 7, 1971, recommended im- plementation of these proposals at a budget of $224,503, for the period from April 1, 1971 through August 3, 1971, utilizing the unused H.U.D. funds; and WHEREAS, the Department of Housing and Urban Development (H.U.D.) in June of 1969 issued a handbook governing Administrative and Legal Policies and Procedures for the Execution Phase of the Model Cities Program, which is identified as CDA Letter No. 8, and further identified as MCGR 3100.8; and WHEREAS, according to paragraph 14 b (3 ) of said CDA Letter No. 8 the addition of a pro- ject or activity costing more than $25,000.00 requires local governing body approval; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana,11 that: SECTION I. The Program is hereby amended to include the material attached hereto and made a part hereof, which constitutes the revised program and budget for the projects adopted by the Model Neighborhood Planning Agency Board on April 7, 1971. SECTION II. The addition in the undertakings to be financed with H.U.D. funds in the amount of $224,503 in connection with said proposals; as listed in the said attached material is hereby approved. /s/ Fredrick D. Craven A public hearing was held at this time on the resolution. Mr. Charles F. Lennon, Executive Direc- tor of the Model Neighborhood Agency, explained the changes and answered various questions from the councilmen. Councilman Szymkowiak made a motion, seconded by Councilman Craven, for the adoption of the reso- lution. Motion carried by a roll call vote of 8 ayes (Councilman Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Palmer and Zielinski) 0 nays, 1 absent (Councilman Wise) 5:`74 REGULAR MEETING MAY 24, 1971 RESOLUTIONS (Continued) RESOLUTION AUTHORIZING FILING OF APPLICATION WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, UNITED STATES OF AMERICA, FOR A GRANT UNDER P.L. 89 -117 Public hearing was held on the resolution at this time. David Wells, Sanitary Engineer, explaine< the need for the resolution, stating this would authorize the city to apply for $500,000 in fed- eral funds from H.U.D. for a storm sewage separation project in the Model Cities area. The city is resubmitting an application since the former one was denied because there was no public housinc in the area. Council President Laven and Councilman Allen recommended this resolution be held over for a later meeting. Councilman Grounds and Council President Laven stated they would rather do the Clyde Creek area sewer first instead of the Model Cities area because of the flooding con- ditions that exist there. Councilman Allen made a motion that action be delayed on the resolution until the next meeting. Council President Laven stepped down from the chair and seconded it. Councilman Allen stated that she is making this motion because she believed the money should go to the Clyde Creek area. Motion was defeated. 4 ayes, 4 nays, 1 absent (Councilman Wise) Councilman Craven made a motion for the adoption of the resolution, Councilman Szymkowiak seconded it. Motion was defeated by a roll call of 4 ayes, 4 nays, 1 absent (Councilman Wise) Councilman Allen reconsidered her vote and changed it to aye and moved for reconsideration of the resolution on or before June 14, 1971, seconded by Councilman Craven. Motion carried. 7 ayes (Councilmen Laven, Allen, Craven, Reinke, Grounds, Palmer and Zielinski) 1 nay(Council- man Szymkowiak) 1 absent (Councilman Wise) There being no further business before the Council, Council President Laven entertained a motion for adjournment. Councilman Reinke so moved, seconded by Councilman Zielinski. Motion carried. Time: 11:50 P.M. ATTEST: APPROVED: IDENT