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HomeMy WebLinkAbout10-11-71 Council Meeting Minutes-9=4 sTgq qp paEag aq ptnoM suozgTgad pug 'apuabv aqq go aepao aqq uT abupgo ggbTTs a aq pTnoM aaagq qaq4 paounouuv uaneZ quapTSaad TTounoO auoN :SNESEY • TXsuTTaTZ puE .zauiT�a 'asT 'X2TMOXtuttzg Ispunoa0 'uan�a0 'aXuTag 'uaTTV 'uaneZ uewTTounoO :SNaS3ud ZZvO TIOu ggooS 'S I££ 'goang0 oTToggeO uv a Puvlpui 'puag ggnoS 'gaaagS uiou bTM p H •qS 'TXsTaTgnXur ugor puaaanag Aq uanTb svm uoTgeoonuT aqs •uaneq •o gaagou quapTsaad TTounoO Aq aapao oq paTTVo sEM buTgaauu aqy •quasgv auou 'quasead saagmaut auiu g4TM -W-d ZT:8 qa 'T46T 'TT aagogo0 'AepuoW uo buTpTTng �IgTO- dquno0 aqq uT saaqut�g0 TTounoO aqq uT gaui eu�Tpul 'puag ggnoS go AqTO aqq go ITounoO uounuo0 aqq gvgq peaaquiauaa qT ag TL6T 'TT UaU0100 Milsaw urinDau I REGULAR MEETING REGULAR MEETING - (Cont.) PETITIONS (Cont.) OCTOBER 11, 1971 Petition to amend Zoning Ordinance (Cont.) - for property at N.W. Corner of E. Jefferson & Notre Dame Ave. 5. It is proposed that the property will be put to the following use and the following build- ing will be constructed: The construction of a credit union (financial institution) 6. Number of off street parking spaces to be provided: Excess of 40 7. Attached is a copy of a.) an existing plot plan showing my property and other surrounding 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. TEACHERS CREDIT UNION BY: /s/ Isadore_ D. ISADORE D. ROSENFELD, ATTORNEY FOR TEACHERS CREDIT UNION 133 N. WILLIAM STREET., SOUTH BEND, INDIANA 46601 Petition Prepared by: ISADORE D. ROSENFELD 1001 ST. JOSEPH BANK BLDG. SOUTH BEND, INDIANA 46601 Councilman William W. Grounds made a motion that this petition be referred to the Area Plan Commission for further study, seconded by Councilman Craven. Motion carried. Petition requesting issuance of bonds of the City of South Bend, Indiana. See Page 658:. is AFFIDAVIT RE COUNTER -PARTS OF PETITION STATE OF INDIANA ) SS: ST. JOSEPH COUNTY ) KATHRYN L. BLOUGH, being first duly sworn, upon her oath says: M That she is the duly elected, qualified and acting City Clerk of the City of South Bend, Indiana, and that the petition requesting the issuance of bonds of said City in an amount not exceeding Two Million Thirty Thousand Dollars ($2,030,000) for the purpose of procuring funds to be applied on the cost of acquisition by purchase of certain improved real property, known as the Palais Royale, for use in conjunction with the adjoining city -owned property known as the Civic Auditorium, for use as an auditorium and a public hall for assemblies, exhibits, con- ventions, entertainments, and for recreational and other lawful purposes, governmental and cor- porate or proprietary, and the remodeling and improvement of such buildings for such purposes, including but not limited to the installation.of heating, ventilating and air- conditioning equipment; the acquisition, improvement and development of land as a site for a civic center; the construction of streets, curbs, sidewalks, and sewers, including the acquisition of any necessary land, easements and rights -of -way in connection therewith; and,to the extend of funds remaining, the acquisition of land as a site for and the construction and equipment of a fire station; together with the expenses in connection with all of the foregoing including engineer- ing, architectural, appraisal, abstracting, title insurance, and legal fees, and the expenses and legal fees incidental to the issuance of said bonds is in her custody and possession. That said petition consists of eight counter - parts, each counter -part having attached thereto the affidavit of the person circulating said counter -part; that said petition is signed by two hundred eight owners of taxable real estate, as shown more particularly by the certifi- cate of the Auditor of St. Joseph County attached hereto. The attached hereto are full, true and correct copies of counter -parts No. 1 and No. 2, and the verifying affidavits pertaining thereto, and that said two counter -parts are signed by more than fifty owners of taxable real estate located in the City of South Bend, as shown more particularly by said Auditor's certificate; that Counter -parts No. 3 to 8 are identical in form and substance to the two counter -parts attached hereto except as to the names and addresses of the signers thereof. /s/ Kathryn L. Blough Kathryn L. Blough - City Clerk Subscribed and sworn to before me this 11th day of October_, 19 71 . /s, F. J. Nimtz Notary Public My commission expires: "February 14, 1975 The above affidavit was read by the Clerk. Councilman Craven made a motion that this affidavit be accepted and placed on file, seconded by Councilman Janet S. Allen. Motion carried. m REGULAR MEETING REGULAR MEETING (Cont.) PETITIONS (Cont.) OCTOBER 11, 1971 Petition requesting issuance of bonds (Cont,,.) Bond Attorney F. J. Nimtz then read the Auditor's Certificate -for the original ordinance, as follows: it AUDITOR'S CERTIFICATE " STATE OF INDIANA ) SS: ST. JOSEPH COUNTY ) W I, Stephen M. Egyhazi, the duly elected, qualified and acting Auditor of St. Joseph County, Indiana, do hereby certify that I have examined the eight counter -parts of a petition addressed to the Common Council of the City of South Bend, Indiana requesting said Council to authorize and issue bonds of said City in an amount not to exceed Two Million Thirty Thousand Dollars ($2,030,000) for the purpose cf procurring funds to be applied on the cost of acquisition by purchase of certain improved real property, known as the Palais Royale, for use in conjunction with the adjoining city -owned property known as the Civic Auditorium, for use as an auditorium and a public hall for assemblies, exhibits, conventions, entertainments, and for recreational and other lawful purposes, governmental and corporate or proprietary, and the remodeling and improvement of such buildings for such purposes, including but not limited to the installation of heating, ventilating and air - conditioning equipment; the acquisition, improvement and de- velopment of land as a site for a civic center; the construction of streets, curbs, sidewalks, and sewers, including the acquisition of any necessary land, easements and rights -of -way in connection therewith; and, to the extent of funds remaining, the acquisition of land as a site for and the construction and equipment of a fire station; together with the expenses in con- nection with all of the foregoing including engineering, architectural, appraisal, abstracting, title insurance, and legal fees, and the expenses and legal fees incidental to the issuance of said bonds; which counter -parts of said petition so examined by me are attached to this certi- ficate. I further certify that I have checked the signatures on the counter -parts of said petition with the tax records in my office; that all of the counter -parts of said petition are verified by the affidavits of owners of taxable real estate located within the corporate limits of the City of South Bend, Indiana and that said petition is signed by two hundred eight owners of taxable real estate located within the corporate limits of said City as shown more particularly by the following computation: Counter -part Verified by the No. Affidavit of Number of Owners of Non - owners of Signers Taxable Taxable Real Estate Real Estate 1 Arthur W. Frisk 91 79 12 2 Harold Zyski 48 48 0 3 William Diedrich 9 9 0 4 Dale Fortin 13 13 0 5 Donal W. Gallagan 30 19 11 6 John Kagel 22 21 1 7 Audrey Conley 7 5 2 8 Ralph B. Sollitt 18 14 4 TOTAL 238 208 30 IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of The Board of Commissioners of the County of St. Joseph, Indiana on the 11th day of October-, 19 71 . Ls/ Stephen M. Egyhazi Stephen M. Egyhazi Auditor, St. Joseph County, Indiana " Councilman Craven made a motion that the Auditor's Certificate be accepted and placed on file, seconded by Councilman Grounds. Motion carried. A communication regarding the new bond ordinance in the amount of $1,630,000 from City Controller James A. Bickel was read by F. J. Nimtz, as follows: "TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: m The Board of Public Works and Safety of the City of South Bend, Indiana has requested that funds in an amount not to exceed One Million Six Hundred Thirty Thousand Dollars ($1,630,000) be provided for the improvement of the City owned property known as the Morris Civic Auditorium, including but not limited to the installation of heating, ventilating and air - conditioning equipment; the acquisition, improvement and development of land as a site for a civic center within an area bounded by Michigan Street, Wayne Street, LaSalle Street and the St. Joseph River; the construction of streets, curbs, sidewalks, and sewers, including the acquisition of any necessary land, easements and rights -of -way in connection therewith within an area North of Lincolnway West, West of Bendix Drive, and South of the Northern Indiana Toll Road, all with- in the City of South Bend, Indiana; and, to the extent of funds remaining, the acquisition of land as a site for and the construction and equipment of a fire station; together with the -- expenses in connection with all of the foregoing including engineering, architectural, appraisal abstracting, title insurance, and legal fees, and the expenses and legal fees incidental to the issuance of bonds therefor. (Continued on next page) m m ul M1 REGULAR MEETING REGULAR MEETING (Cont.) PETITIONS (Cont.) Petition requesting issuance of bonds (Cont.) OCTOBER 11, 1971 In order to provide funds for said purposes it will be necessary to authorize, issue and " sell bonds of the City of South Bend in an amount not to exceed One Million Six Hundred Thirty Thousand Dollars ($1,630,000) and I am submitting herewith a form of ordinance drawn for that purpose. Dated this 8th day of October , 19 71 . Respectfully submitted, /s/ James A. Bickel City Controller Councilman Craven made a motion that this communication be accepted and placed on file. The motion was seconded by Councilman Albert E. Palmer. Motion carried. The following Resolution from the Board of Public Works and Safety of the City of South Bend was read by F. J. Nimtz: RESOLUTION OF THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF SOUTH BEND, INDIANA I W WHEREAS, the Board of Public Works and Safety of the City of South Bend,Indiana has de- termined that it would be for the best interests of said City and its citizens to provide funds for the improvement of the City owned property known as the Morris Civic Auditorium, including but not limited to the installation of heating, ventilating and air - conditioning equipment; the acquisition, improvement and development of land as a site for a civic center within an area bounded by Michigan Street, Wayne.Street, LaSalle Street and the St. Joseph River; the con- struction of streets, curbs, sidewalks, and sewers, including the acquisition of any necessary land,•easements and rights -of -way in connection therewith within an area North of Lincolnway West, West of Bendix Drive, and South of the Northern Indiana Toll Road, all within the City of South Bend, Indiana; and, to the extent of funds remaining, the acquisition of land as a site for and the construction and equipment of a fire station; together with the expenses in connection with all of the foregoing including engineering, architectural, appraisal, abstracting, title insurance, and legal fees, and the expenses and legal fees incidental to the issuance of said bonds; and WHEREAS, the Board of Public Works and Safety of the City of South Bend, Indiana finds that an extraordinary emergency exists for the expenditure of more money than was set out in detail in the published budget and that the said acquisition, construction, equipping and improvements are necessary in order to protect the well -being and the property of its citizens and will be of general benefit to the entire City; and WHEREAS, the said Board has determined that the funds necessary to pay for the same will be in an amount not to exceed One Million Six Hundred Thirty Thousand Dollars ($1,630,000); BE IT RESOLVED by the Board of Public Works and Safety of the City of South Bend, Indiana that this Board request the City Controller and the Common Council to take proper steps imme- diately to provide funds necessary for said purposes in an amount not to exceed One Million Six Hundred Thirty Thousand Dollars ($1,630,000) and to that end that a copy of this resolution be filed with the City Controller and presented to the Common Council as soon as may be done. Adopted this 8th day of October-, 1971. /s/ Lloyd S. Taylor, Lloyd S. Taylor, President /s/ James A. Bickel James A. Bickel, Member /s/ S. J. Crumpacker S. J. Crumpacker, Member BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF SOUTH BEND, INDIANA Councilman Craven made a motion that this resolution be accepted and placed on file, seconded by Councilman Janet S. Allen. Motion carried. An Affidavit re counter -parts of petition for a bond ordinance in the amount of $1,630,000 was then read by F. J. Nimtz, as follows: AFFIDAVIT RE COUNTER -PARTS OF PETITION STATE OF INDIANA ) SS: COUNTY OF ST. JOSEPH ) Kathryn L. 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PETITIONS (Cont.) Petition requesting issuance of bonds (Cont.) OCTOBER 11, 1971 " That she is duly elected, qualified and acting City Clerk of the City of South Bend, Indiana, and that the petition requesting the issuance of bonds of said City is an amount not exceeding One Million Six Hundred Thirty Thousand Dollars ($1,630,000) for the purpose of pro- curing funds to be applied on the cost of the improvement of the City owned property known as the Morris Civic Auditorium, 'including but not limited to the installation of heating, ventila- ting and air - conditioning equipment; the acquisition, improvement and development of land as a site for a civic center within an area bounded by Michigan Street, Wayne Street, LaSalle Street and the St. Joseph River; the construction of streets, curbs, sidewalks, and sewers, including the acquisition of any necessary land, easements and rights -of -way in connection therewith with- in an area North of Lincolnway West, West of Bendix Drive, and South of the Northern Indiana Toll Road, all within the City of South Bend, Indiana; and, to the extent of funds remaining, the acquisition of land as a site for and the construction and equipment of a fire station; to- gether with the expenses in connection with all of the foregoing including engineering, archi- tectural, appraisal, abstracting, title insurance, and legal fees, and the expenses and legal fees incidental to the issuance of said bonds, is in her custody and possession. That said petition consists of twenty -two counter -parts each counter =part having attached thereto the affidavit of the person circulating said counter -part; that said petition is signed by six hundred thirty -six owners of taxable real estate, as shown more particularly by the certificate of the Auditor of St. Joseph County attached hereto. That attached hereto are full, true and correct copies of counter -parts No. 1 and No. 2, and the verifying affidavits pertaining thereto, and that said two counter -parts are signed by more than fifty owners of taxable real estate located in the City of South Bend, as shown more particularly by said Auditor's certificate; that counter -parts No. 3 to 22 are identical in form and substance to the two counter -parts attached hereto except as to the names and addresses of the signers thereof. /s/ Kathryn L. Blough Kathryn L. Blough, City Clerk Subscribed ans sworn to before me this 11th day of October-, 19 71 . /s/ Arthur W. Frisk Notary Public My Commission expires: "March 6, 1973 if Councilman Grounds made a motion that the affidavit be accepted and placed on file, seconded by Councilman Gerald C. Reinke. Motion carried. The following Auditor's Certificate verifying the 22 counterparts for proposed bond ordinance was read by F. J. Nimtz: AUDITOR'S CERTIFICATE "STATE OF INDIANA ) SS: ST. JOSEPH COUNTY ) I, Stephen M. Egyhazi, the duly elected, qualified and acting Auditor of St. Joseph County, Indiana, do hereby certify that I have examined the twenty -two counter -parts of a petition addressed to the Common Council of the City of South Bend, Indiana requesting said Council to authorize and issue bonds of said City in an amount not to exceed One Million Six Hundred Thirty Thousand Dollars ($1,630,000) for the purpose of procuring funds to be applied on the cost of the improvement of the City owned property known as the Morris Civic Auditorium, including but not limited to the installation of heating, ventilating and air- conditioning equipment; the acquisition, improvement and development of land as a site for a civic center within an area bounded by Michigan Street, Wayne Street, LaSalle Street and the St. Joseph River; the con- struction of streets, curbs, sidewalks, and sewers, including the acquisition of any necessary land, easements and rights -of -way in connection therewith within an area North of Lincolnway West, West of Bendix Drive, and South of the Northern Indiana Toll Road, all within the City of South Bend, Indiana; and, to the extent of funds remaining, the acquisition of land as a site for and the construction and equipment of a fire station; together with the expenses in con- nection with all of the foregoing including engineering, architectural, appraisal, abstracting, title insurance, and legal fees, and the expenses and legal fees incidental to the issuance of said bonds, which counter -parts of said petition so examined by me are attached to this cer- tificate. I further certify that I have checked the signatures on the counter -parts of said petition with the tax records in my office; that all of the counter -parts of said petition are verified by the affidavits of owners of taxable real estate located within the corporate limits of the City of South Bend, Indiana and that said petition is signed by six hundred thirty -six owners of taxable real estate located within the corporate limits of said City as shown more parti- cularly by the following computation: (Auditor's certificate continued on next page) 1 1 C J I REGULAR MEETING REGULAR MEETING (Cont.) PETITIONS (Cont.) Petition requesting issuance of bonds (Cont.) OCTOBER 11, 1971 Counter -part Verified by the Number of Owners of No. Affidavit of Signers Taxable Real Estate Non - owners of Taxable Real Estate 1 Arthur W. Frisk 108 99 9 2 F. Jay Nimtz 119 110 9 3 Katherine M. Cooper 74 73 1 4 Anita F. Boorda 37 36 _1 5 Karl G. King, Jr. 50 45 5 6 F. Gerard Feeney 40 34 6 7 Margaret B. King 37 33 4 8 Audrey Conley 19 13 6 9 George S. Cressy 10 10 0 10 Clement M. Miller 5 5 0 11 Floyd Jessup 9 7 2 12 John Reiter 24 20 4 13 Virginia Wachowiak 18 18 0 14 Glenn Terry 18 16 2 15 Mary C. Jaicomo 9 9 0 16 Helen Best 37 34 3 17 E. Blair Warner 7 5 2 18 Wong Mark 9 9 0 19 E. Blair Warner 7 7 0 20 Arthur M. Diamond 2 2 0 21 Lowell E. Badman 44 42 2 22 Joseph L. Zurat 9 9 0 TOTAL 692 636 56 IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the Board of Commissioners of the County of St. Joseph, Indiana, on the 11th day of October-, 19 71 . /s/ Stephen M. Egyhazi Stephen M. Egyhazi Auditor, St. Joseph County, Indiana It Councilman Reinke made a motion that this certificate be accepted and placed on file, seconded by Councilman Palmer. Motion carried. RESOLVE INTO THE COMMITTEE OF THE WHOLE Council President Laven entertained a motion to resolve the Council into the Committee of the Whole. Councilman Reinke so moved, seconded by Councilman Palmer. Motion carried. Time 8:35 COMMITTEE OF THE WHOLE MEETING Be it remembered that the Common Council of the City of South Bend, Indiana met in the Committee of the Whole in the Council Chambers of the County -City Building on Monday, October 11, 1971 at 8:36 P.M., 9 members present, none absent. The meeting was called to order by Chairman William W. Grounds who presided. ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION FROM THE MOTOR VEHICLE HIGHWAY FUND IN THE AMOUNT OF $89,200.00 TO ACCOUNT MVH -42, "STREET AND ALLEY MATERIALS" IN THE MOTOR VEHICLE HIGHWAY FUND. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard thereon. Mr. James E. Bickel, City Controller, said that this Spring the Council had adopted a resolution for moneys from the local road and street funds for 8 different projects with M.V.H. as the contractor. That money had already been paid back to the Highway Department. This is a reappropriation of funds, the majority of which will be used for the Winter's salt supply. Councilman Reinke made a motion that this ordinance go to the Council as favorable, seconded by Councilman Craven. Motion carried. ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $7,000.00 FROM THE GENERAL FUND TO ACCOUNT H -214, "TELEPHONE AND TELEGRAPH ", IN THE OFFICE OF THE BOARD OF PUBLIC WORKS AND SAFETY BUDGET, SAID ACCOUNT BEING WITHIN THE GENERAL FUND. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard thereon. Mr. Bickel read the following letter 0Mr REGULAR MEETING OCTOBER 11, 1971 REGULAR MEETING (Cont.) COMMITTEE OF THE WHOLE MEETING (Cont.) ORDINANCE (Cont.) "To: Common Council Subject: Additional Appropriation - Telephone and Telegraph FROM THE OFFICE OF THE CONTROLLER The appropriation for telephones was $30,000 in 1970 which was insufficient. and December bills were paid in 1971 ($5,100) which, of course, shorted this priation to pay this year's bills. This was forecast last year in preparing get resulting in an increase to $36,000; however, this amount was not enough. year, we requested and received budgetary approval for an increase in 1972 to M The November year's appro- the 1971 bud - Again this $39,000. The amount herein requested, $7,000.00, was projected and included in "line 3" of the General Fund tax computation for 1972. Required: 4 months C $3,500 per month $14,000 Present balance 7,000 Net required $ 7;000 /s/ James A. Bickel It James A. Bickel of Miss Guthrie questioned where the money would come from. Mr. Bickel explained the original budget figure reads $73,500 which is ample. Councilman Janet Allen said that there were 8 phones in the Council Complex which were not all needed. She stated she felt money could be saved by disconnecting 6 of these 8 phones, leaving only two for the Council's use. Mr. Bickel agreed and suggested that a memo be directed to Mr. Forrest West, Building Commissioner, from the Council to remove these phones. Councilman Reinke 'suggested that a review of the number of phones and extensions be taken for the remaining 3 months of this year to see what savings could be realized and asked Mr. Bickel to instigate such a survey. Mr. Bickel agreed. Councilman Craven moved that this ordinance go to the Council as favorable, seconded by Councilman Laven. Motion carried. ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $1,500.00 FROM THE GENERAL FUND TO ACCOUNT W -37, "OTHER SUPPLIES ", IN THE RADIO DEPARTMENT, SAID ACCOUNT BEING WITHIN THE GENERAL FUND. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard thereon. Mr. John V. Hunt, Communications Superintendent, read the following letter concerning this transfer of funds: " To justify the Radio Department's request for additional funds in W -37 (Other Supplies) for the balance of the year of 1971, I submit the following information, which, though not entirely comprehensive and complete, still indicates the many and varied parts and costs thereof needed to maintain the many pieces of electronic equipment used by some of the city's emergency and service departments. Many of the components listed may be obtained locally, but a significant number of parts are of a proprietary nature and must be ob- tained in sufficient quantities from the source that only the manufacturers of the dif- ferent equipment provide. The Radio Department of the City of South Bend maintains over 400 pieces of two -way radio equipment, each of which is type accepted and approved by the Federal Communications Commission and must be maintained in accordance with certain rules and regulations set forth by the Commission pertaining to strict standards of operation. Repairs, adjustments, and specific and periodic measurements with regularly calibrated devices must be done by, or under the direct supervision of, a licensed technician, and such work information must be entered in an orderly -kept maintenance log for inspection by FCC Inspectors on demand. This two -way equipment is broken down in the following categories, along with some brief, pertinent information: A. Three hundred and thirty -three Mobiles, which vary in power output from fifteen watts up to eighty watts, and which are composed of electronic items and hardware ranging in costs of from eighteen cents up to fifty dollars per item. Not all units must be kept in 'stock; judgement, based on past experience, must be relied upon to dictate what items should be kept in an inventory. B. Sixty -six Portable units with power output of from 1.2 watts up to approximately 5 watts. Component prices are in the same range, or slightly higher than those used in Mobiles. Rechargeable batteries (2 or 3 per radio) are priced at from thirty -eight to fifty dollars each and can normally be expected to have a useful life span of no more than fifteen months. C. Nine Base Stations of from fifty to one hundred and ten watts of output power, with appreciable higher component costs than the above units. (Letter continued on next page) C J 1 1 REGULAR MEETING REGULAR MEETING (Cont.) COMMITTEE OF THE WHOLE MEETING (Cont.) ORDINANCE (Cont.) OCTOBER 11, 1971 In Mobile units alone, we have over two thousand tubes and more than seven thousand, eight hundred transistors and diodes working a minimum of eight hours a day up to, possibly, twenty hours a day. Resistors and capacitors number in the tens of thousands and vary in cost from eighteen cents up to several dollars each. The transistors and diodes cost from sixty -five cents to as high as fifty dollars. Crystals, at from six to thirty dollars each, number close to a thousand, as do relays and special filters that are only slightly lower in cost. Microphones., Cables, Speakers, and Control Heads at from ten dollars to eighty dollars each must often be replaced because of theft and /or damage over and above replacement from normal useage. In addition to the above, we maintain approximately seventy Scramblers, fifty -odd Electronic Sirens, many Monitors, Tape recorders, Individual and Multiple Battery Chargers, Public Address Systems, special surveillance Equipment, Radar, a Logic System, and several Remote Control facilities of varying complexity, along with much of our own Metering Devices. As of this time we need to replenish a well depleted inventory, but more particularly, we are in need of parts to finish already started projects. The amount of funds requested was based on actual prorata calculations of expenditures so far this year. /s/ John V. Hunt Comm. Supr. 10 /11/71 Mr. Bickel added that when the 1971 budget was adopted the original figure for this account of $6,000 was reduced to $5,000; he said his office would be glad to appropriate this money. Councilman Reinke moved that this ordinance go to the Council as favorable, seconded by Council- man Palmer. Motion carried. ORDINANCE AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING THE ISSUANCE AND SALE OF BONDS OF SAID CITY IN ORDER TO PROVIDE FUNDS FOR THE COST OF THE IM- PROVEMENT OF THE CITY OWNED PROPERTY KNOWN AS THE MORRIS CIVIC AUDITORIUM, INCLUDING BUT NOT LIMITED TO THE INSTALLATION OF HEATING, VENTILATING AND AIR- CONDITIONING EQUIPMENT; THE ACQUISITION, IMPROVEMENT AND DEVELOPMENT OF LAND AS A SITE FOR A CIVIC CENTER WITHIN AN AREA BOUNDED BY MICHIGAN STREET, WAYNE STREET, LASALLE STREET, AND THE ST. JOSEPH RIVER; THE CONSTRUCTION OF STREETS, CURBS, SIDEWALKS, AND SEWERS, INCLUDING THE ACQUISITION OF ANY NECESSARY LAND, EASEMENTS AND RIGHTS -OF -WAY IN CONNECTION THEREWITH WITHIN AN AREA NORTH OF LINCOLNWAY WEST, WEST OF BENDIX DRIVE, AND SOUTH OF THE NORTHERN INDIANA TOLL ROAD, ALL WITHIN THE CITY OF SOUTH BEND, INDIANA; AND, TO THE EXTENT OF FUNDS REMAINING, THE ACQUISITION OF LAND AS A SITE FOR AND THE CONSTRUCTION AND EQUIPMENT OF A FIRE STATION: TOGETHER WITH THE EXPENSES IN CONNECTION WITH ALL OF THE FOREGOING INCLUDING ENGINEERING, ARCHITECTURAL, APPRAISAL, ABSTRACTING, TITLE INSURANCE, AND LEGAL FEES, AND THE EXPENSES AND LEGAL FEES INCIDENTAL TO THE ISSUANCE OF SAID BONDS. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard thereon. Councilman Craven moved for amendment of the ordinance as read by F. J. Nimtz. The motion was seconded by Councilman Reinke. Motion carried. Council Chairman Grounds announced that the public hearing on the amendment would be held at this time. Mr. F. Gerard Feeney, South Bend attorney, representing McDonald Studio, stated he was happy to speak in favor of this ordinance. It had been reported by the City Attorney, Attorney Arthur Frisk and Mr. Nimtz that the purchase of the Palais Royale was not now included in this amended ordinance. He said he felt the Council could understand the concern of McDonald Studio at being faced with another move after recently moving from across the street into the Palais Building and completing remodeling in the amount of $28,000. He complimented the Council in looking toward the future in the purchase of land for the proposed Civic Center. He said this was the first time in 3 years that he came before the Council not as a remonstrator but as a proponent and he heartily approved their action of amending this ordinance. Mrs. Jane Warner, 222 S. Greenlawn Avenue, South Bend, Indiana, President of Michiana Arts and Sciences Council, read the followiny statement endorsing the bond issue: "Mr. Grounds, Members of the Common Council 10 -11 -71 " My name is Mrs. Jane Warner. I live at 222 South Greenlawn Avenue, I am the president of the Michiana Arts and Sciences Council, a coordinating organization whose membership includes nearly all of the major arts and cultural groups of the community. The board of directors of the Arts and Sciences Council has authorized me to convey to the South Bend Common Council our enthusiastic endorsement of the proposed bond issue for economic and community development. The bond issue has been described as an "investment in tomorrow" and we feel this description accurately depicts a proposal that clearly represents a major step toward the building of a better community. The proceeds of the bond issue will help create new jobs, assist in the continued revitalization of our City's central business dis- trict and contribute to an atmosphere of community achievement. (Statement continued on next page) REGULAR MEETING REGULAR MEETING (Cont) COMMITTEE OF THE WHOLE MEETING (Cont.) ORDINANCE (Cont.) OCTOBER 11, 1971 While we support the total bond issue proposal, we feel we are especially com- petent to comment on two specific parts of that proposal. First of all, we consider the preservation of the Morris Civic Auditorium as absolutely essential to the well -being of South Bend. The Auditorium long has been an asset of major importance. It has paid important social, cultural and economic dividends. Investing in new heating, cooling and ventilating facilities will guar- antee the continuation of these dividends. The alternative to this investment is the abandonment and eventual demolition of the Auditorium. Such an alternative is unthinkable to any citizen who takes pride in his community. Secondly, we endorse without reservation the acquisition by the City of the land necessary for a civic center in the downtown area. Acquisition will preserve for public use a priceless section of river frontage. It will provide a new focal point for constructive community activity. It will encourage development of Downtown South Bend and it will provide the setting for an undertaking that can attract favor- able nationwide attention. The Michiana Arts and Sciences Council is so convinced of the importance of the civic center that we have moved ahead with plans for the financing of the initial phases of construction. We have been assured that acquisition of the land by the City will trigger major contributions from private sources. These contributions will enable an early start on the first element in the civic center, a much- needed building for the South Bend Art Center. The Michiana Arts and Sciences Council pledges its total cooperation in the implementation of the civic center project. We are convinced that this project, like every other element in the proposed bond issue, represents responsible pro - "gress that will benefit all of the people of the community for many years to come. Mr. Robert F. McGinty, 56237 Ritschard Avenue, South Bend, Indiana, Executive Secretary of the Industrial Foundation, Inc. and Executive Director of the Industrial Division of the South Bend - Mishawaka Area Chamber of Commerce read the following statement supporting the bond ordinance: " SOUTH BEND- MISHAWAKA AREA CHAMBER OF COMMERCE, INC. to October 11, 1971 A Statement Presented Before The South Bend City Council My name is Robert F. McGinty. I am Executive Secretary of The Industrial Foundation, Inc., and the Executive Director of the Industrial Division of the South Bend - Mishawaka Area Chamber of Commerce. On behalf of more than 2,000 area business and industrial organizations, we urge your support of the bond ordinance in public hearing this evening. Passage of the bond ordinance is essential to the economic welfare and progress of this community. Its defeat would have a serious impact on this community's industrial and economic development efforts in the next decade. Community industrial development agencies have prepared an application for public work funds to complete the $3,674,000 airport industrial park Phase III. Phase III re- presents 289 acres bounded by Lathorp, Bendix and Cleveland Road. This industrial site is paramount to the area's economic development program projected over the next 10 years. The completion of the airport industrial site could assure approximately 50 new busi- nesses, and 6,000 new jobs in local and out -of -state expansion in our community. The Federal Government will assist the Phase III project with a $1,870,000 grant on 50 percent of the total cost of the program. The monies would be used to acquire land, install utilities, roads, and provide rail and grading services, as well as to cover other development costs. In order to obtain the Federal grant and finish the project, the City of South Bend must provide $800,000 as its share, and which is contained in the bond issue proposal. If the ordinance is rejected, Phase III and the economic development progress scheduled over the next 10 years will go down the drain. The community does not have the re- sources to raise the funds which would be provided through Federal grant. Phase III represents the type of industrial site which is in great demand. It will have rail facilities and will provide "front yard" location which 99 out of every 100 new industry prospects demand in this age of sophisticated business expansion plans. At present there are no prime rail site industrial locations available generally. Phase I and Phase II of the industrial park program, or 171 acres, for practical purposes, are occupied to capacity. Phase I was described as having 10 acres remaining unoccupied, but with right of first refusal commitment to an Illinois firm. Phase II has only eight commercial and 10 light industrial acres available. With an upswing in the economy, available Phase II land will disappear quickly. In addition to the City's share of the Phase III funds requested in the bond issue, $150,000 will be invested by the industrial foundation, Inc., with the Chicago, South .Shore and South Bend Railroad participating in an equal $150,000 amount. The indus- trial Foundation also will seek to acquire the balance needed in a Federal loan request "totaling $652,000. It Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, read the follow- ing statement concerning this bond ordinance, urging the Council to proceed cautiously until the master plan for the development of the airport industrial park is approved and to try to help relieve the burden of the property taxpayer. (Statement will be shown on next page) H 1 1 REGULAR MEETING REGULAR MEETING (Cont.) COMMITTEE OF THE WHOLE MEETING (Cont.) ORDINANCE (Cont.) SOUTH BEND CIVIC PLANNING ASSOCIATION, INC. 403 Lincolnway West South Bend, Indiana OCTOBER 11, 1971 Committee of the Whole October 11, 1971 South Bend Common Council South Bend, Indiana Mrs. Allen and Gentlemen: Before you this evening is an ordinance authorizing the issuance of general obliga- tion bonds of the City in the amount of $1,630,000 (as amended) to cover the cost of several projects. Among these projects is purchase of land along the river for a cultural center, improvement of Phase III of the airport industrial park, and im- provements to the Morris Civic Auditorium, and land and building for a new fire station. The ordinance, as amended, eliminates the purchase and renovation of the Palais Royale building as a convention center. We approve the elimination of this part of the plan as we had made a study of the cost of operation and maintenance of the Auditorium, as well as income, and felt the addition of the Palais would only in- crease the cost to the taxpayers. This study showed that from 1959 through 1970 the Auditorium budgets totalled $639,294.52 while the income was $198,335.11. The estimated 1971 and 1972 budget total $127,413.27 and income $42,500.00. In addition may we call to your attention that the downtown renewal plan shows a convention center at the south part, and this should be more than sufficient in view of the many facilities already available in the area. The cultural center plan is to be developed from private funds and this should be followed very carefully by all concerned and involved. The success of the development of the airport industrial park has helped this community's economy, and the property taxpayers have shared in its cost. We wonder, however, why consideration was not given to using some of the cumulative capital improvement fund for at least part of this, and thus helping to relieve the burden of the property taxpayer. We recommend that this particular part of the proposal proceed very cautiously until the master plan for the development of the airport is approved, and until we know just what direction the development is to take. Un- fortunately the airport plan has played a small part in the Area Transportation study. It is important that the plan be known as it could well affect federal fund participation in the airport development. In summary we of Civic Planning support the bond issue before you tonight, yet we ask that our comments be kept in mind as the program develops and before funds are expended. Respectfully, SOUTH BEND CIVIC PLANNING ASSOCIATION Inc. /s/ Keith J. BonDurant Keith J. BonDurant, President center Mr. Terry S. Miller, 1101 Bellevue, South Bend, Indiana asked if building a civic /required any zoning changes, what buildings will be erected and if the money for building is to come from the department of development. City Attorney Shepard.-J. Crumpacker answered that the plan was done some years and zoning changes were made at that time with the marking of pertain areas to be used for specific functions. Councilman Reinke commented that the land Wii purchased by the City but improvements will be made by private enterprise. Mr. Bickel commented that a half- million dollars was contributed by donations with specific funds for a civic center. Mr. Miller then asked about the maintenance of these buildings questioning if such costs would fall back on the City; if buildings are constructed privately and given to the City, the City has no control over the outside costs of building and maintenance. Mr. Crumpacker agreed that there were many details to be worked out between builders and the City. Councilman Reinke commented that all funds will be donated before anything is started including funds for maintenance. Mr. Miller stated he was 100% in favor of the plan but was wondering how it would be accomplished. Councilman Janet Allen asked Mrs. Warner if a person making the donation for the civic center would be independent about design, building, maintenance, etc. Mrs. Warner explained that civic leaders would work with the City in a joint endeavor and Mr. Crumpacker said all concerned will be satisfied. Councilman Laven questioned Mr. McGinty's statement concerning the Federal Grant of $1,870,000. Mr. McGinty replied this would be accomplished by matching grants with the City participating. Councilman Reinke made a statement regarding the amendment to the ordinance for the general bond issue stating he was against the first one. He thanked the members of the Civic Planning Association, Fair Tax Board, Mark's Restaurant and McDonald Studio for their efforts in apprising the Council that this was not a wise ordinance as originally proposed. Councilman Laven concurred with Mr. Reinke's statement that the purchase of the Palais Royale was not a wise investment. He felt it was significant that, through the efforts of Mr. Bickel and the Administration, when changes are made, the tax levy for 1972 will be reduced by 3 cents because of this action. This is a reasonable action and the definite results will be benefi- cial and he commended the Administration for listening to the citizens in this matter. Councilman Craven made a motion that the ordinance, as amended, go to the Council as favorable. The motion was seconded by Councilman Walter M. Szymkowiak. Motion carried. REGULAR MEETING REGULAR MEETING (Cont.) COMMITTEE OF THE WHOLE MEETING (Cont.) ORDINANCE AN ORDINANCE TO APPROPRIATE $134,852.00 FROM THE LOCAL ROAD AND STREET FUND TO THE ACCOUNT "SERVICES CONTRACTUAL" WITHIN THE LOCAL ROAD AND STREET FUND. OCTOBER 11, 1971 This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard thereon. The ordinance specifies improvements at the intersections of Elwood and Portage Avenues, $21,019.50; Twyckenham Drive and Ewing Avenue, $34,425.00; Ironwood, Corby and Rockne Drives, $58,500.00; Lincoln Way West and William Street, $15,050; and Edison Road from Ivy Road to South Bend Avenue, $5,857.50. Mr. Bickel said this ordinance is self explanatory; approval and funds have been received and there are match- ing funds. Miss Guthrie said that the Lincoln Way West and William Street innerbelt is already there and she questioned the use of these funds as being; a little late. Councilman John V. Wise asked if the Council had not voted on this once before and asked if signal lights would be installed at the particular intersection in his district. Mr. Bickel commented that the State Highway Commission has taken bids for the lights. Councilman Craven asked if it was not true that the improvements at the Twyckenham -Ewing intersection had been cut back considerably from the original plans. Mr. Bickel explained that the original plans were quite elaborate and the residents in the area opposed the original plans so they were revised and improvements will be made in accordance with this ordinance. Councilman Reinke made a motion that the ordinance go to the Council as favorable, seconded by Councilman Wise. Motion carried. ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $71,500.00 FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND TO ACCOUNT 261, "OTHER CONTRACTUAL SERVICES ",. SAID ACCOUNT BEING WITHIN THE CUMULATIVE CAPITAL IMPROVEMENT FUND. This being the time heretofore set for public hearing on the above ordinance proponents and opponents were given an opportunity to be heard thereon. Mr. Bickel stated this is to provide funds to purchase land in the Linden School area, 75% of which will be refunded to the City. The City must put up the funds and then will be reimbursed by the Federal Government. Miss Guthrie questioned the amount of $53,018.50 as to whether it was for the purchase of houses or for the school property. Councilman Laven explained that this money was to be used to purchase properties on the West side of the school for the development of a park. Councilman Laven moved that the ordinance go to the Council as favorable, seconded by Councilman Craven. Motion carried. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA (3012 E. Edison Road) This being the time heretofore set for public hearing on the above ordinance proponents and opponents were given an opportunity to be heard thereon. Mr. George P. Roberts, a South Bend attorney, representing the owners, asked for rezoning of this property to "B" Residential to build a club house and retention basin to service residents within the area; there are 147 residential units in the area. On the Northeast corner of Edison Road the original site plan, which was approved, called for the club house with off street parking and a retention basin ' but it created a traffic problem of congestion in the area. Now the proposed plan calls for an alternative entrance to the club house to eliminate traffic congestion and the area is suffi- cient for the club house, off street parking and retention basin. A map was shown giving the proposed entrance and exit and traffic flow. Councilman Laven made a motion that the ordinance go to the Council as favorable, seconded by Councilman Reinke. Motion carried. RISE AND REPORT TO COUNCIL There being no further Grounds entertained a seconded by Councilman ATTEST: business to be considered before the Committee of the Whole, Chairman motion to rise and report to Council, so moved by Councilman Craven, Janet Allen. Motion carried. Time 10:01 P.M. APPROVED: Councilman Reinke made a motion that the Council call a short recess, seconded by Councilman Craven. Motion carried. Time 10:02 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, October 11, 1971 at 10:12 P.M. The meeting was called to order by Council President Laven who presided. D 1 1 1 REGULAR MEETING REGULAR MEETING - RECONVENED (Cont.) REPORT OF THE COMMITTEE ON MINUTES OCTOBER 11, 1971 Your Committee on the inspection and supervision of the minutes would respectfully report that they have inspected the minutes of the September 27, 1971 regular meeting of the Council and found them correct. They therefore recommend that the same be approved. /s/ Robert O. Laven Isl Janet S. Allen 7-s7-Albert E. Palmer There being no objections, the report was accepted as read and placed on file. CITIZENS REQUESTS - MISECLLANEOUS MATTERS Mrs. Jane Swan, 2022 Swygart Avenue, South Bend, Indiana spoke about what she considered misuse of Fire Department Equipment, Criticizing Chief Zurat. Councilmen Janet Allen and Reinke dis- agreed with Mrs. Swan concerning this matter. Councilman Janet Allen presented petitions from various organizations, stating that she also had received many letters and phone calls on the same matter, dealing with possible violations of the obscenity laws. The Morris Auditorium is a tax supported facility and citizens have a per- fect right to file such petitions concerning performances which might violate such laws. These petitions were all opposing the presentation of the stage production "Hair" and Councilman Allen requested these petitions to be filed in the City Clerk's Office and made a matter of record. She further asked that the Board of Public Works be notified of the filing of such petitions and that the enforcement of obscenity laws be brought to their attention. Mr. Bickel announced that his office, too, had received such communications and all had been file stamped and he would turn such copies over to the Clerk for the files. ORDINANCES, THIRD READING ORDINANCE NO. 5340 -71 AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION FROM THE MOTOR VEHICLE HIGHWAY FUND IN THE AMOUNT OF $89,200.00 TO ACCOUNT MVH -42, "STREET AND ALLEY MATERIALS" IN THE MOTOR VEHICLE HIGHWAY FUND. This ordinance was given third reading. Councilman Craven moved for passage of the ordinance, seconded by Councilman Raymond C. Zielinski. 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. 5341 -71 AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $7,000.00 FROM THE GENERAL FUND TO ACCOUNT H -214, "TELEPHONE AND TELEGRAPH ", IN THE OFFICE OF THE BOARD OF PUBLIC WORKS AND SAFETY BUDGET, SAID ACCOUNT BEING WITHIN THE GENERAL FUND. Councilman Craven moved for passage of this ordinance, seconded by Councilman Palmer. Council- man Janet Allen requested of the Clerk to please see that a directive be sent to Mr. Forrest West, Building Commissioner, requesting that 6 of 8 telephones be removed from the Council Complex. The ordinance was passed by a roll call vote of 9 ayes (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Wise, Palmer and Zielinski), 0 nayes, 0 absent. Councilman Janet Allen made a motion for the removal of 6 of the 8 phones from the Council Com- plex leaving one phone in the Council Caucus Room and one in the office of the At- Large Council- men. The motion was seconded by Councilman Palmer. Councilman Szymkowiak commented that prob- ably he, more than any of the other councilmen, conducted the most business from his office by phone and requested that a phone be left in his office rather than the Council Caucus Room which is-right down the hall. Councilman Craven made a motion to amend the previous motion by leaving 2 phones in the Council Complex, one in Councilman Szymkowiak's office and one in the At -Large Office. This motion was seconded by Councilman Szymkowiak. President Laven asked for a show of hands from those in favor of the amendment. Motion carried. Council President Laven instructed the Clerk to ask for the removal of the phones. Councilman Reinke requested that, in the interest of saving money, Mr. Bickel take a survey with the'.City area of'the County -City Building to see what phones could be removed and report back to Council on October 25, 1971. Mr. Bickel agreed. City Clerk Kathryn L. Blough informed the Council that she had 4 telephones removed from her office since the recent removal of the traffic violations bureau from her office area. REGULAR MEETING REGULAR MEETING - RECONVENED (Cont.) ORDINANCES, THIRD READING (Cont.) ORDINANCE NO. 5342 -71 OCTOBER 11, 1971 (OLD ORDINANCE TITLE) AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING THE ISSUANCE AND SALE OF BONDS OF SAID CITY IN ORDER TO PROVIDE FUNDS FOR THE COST OF ACQUISITION BY PURCHASE OF CERTAIN IMPROVED REAL PROPERTY, KNOWN AS THE PALAIS ROYALE, FOR USE IN CONJUNCTION WITH THE ADJOINING CITY -OWNED PRO- PERTY KNOWN AS THE CIVIC AUDITORIUM, FOR USE AS AN AUDITORIUM AND A PUBLIC HALL FOR ASSEMBLIES, EXHIBITS, CONVENTIONS, ENTERTAINMENTS, AND FOR RECREATIONAL AND OTHER LAWFUL PURPOSES, GOVERNMENTAL AND CORPORATE OR PROPRIETARY, AND THE REMODELING AND IMPROVEMENTS OF SUCH BUILDINGS FOR SUCH.PURPOSES, INCLUDING BUT NOT LIMITED TO THE INSTALLATION OF HEATING, VENTILATING AND AIR - CONDITIONING EQUIPMENT; THE ACQUISITION, IMPROVEMENT AND DEVELOPMENT OF LAND AS A SITE FOR A CIVIC CENTER; THE CONSTRUCTION OF STREETS, CURBS, SIDEWALKS, AND SEWERS, INCLUDING THE ACQUISITION OF ANY NECESSARY LAND, EASEMENTS AND RIGHTS -OF -WAY IN CON- NECTION THEREWITH; AND, TO THE EXTENT OF FUNDS REMAINING, THE ACQUISI- TION OF LAND AS A SITE FOR AND THE CONSTRUCTION AND EQUIPMENT OF A FIRE STATION; TOGETHER WITH THE EXPENSES IN CONNECTION WITH ALL OF THE FOREGOING INCLUDING ENGINEERING, ARCHITECTURAL, APPRAISAL, ABSTRACTING, TITLE INSURANCE, AND LEGAL FEES, AND THE EXPENSES AND LEGAL FEES IN- CIDENTAL TO THE ISSUANCE OF SAID BONDS. Councilman Reinke made a motion to disapprove the petition (shown below) for bonds in the amount of $2,030,000, seconded by Councilman Grounds. Motion carried. " PETITION REQUESTING ISSUANCE OF BONDS OF THE " CITY OF.SOUTH BEND, INDIANA TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: The undersigned, owners of taxable real estate located in the City of South Bend, Indiana, and residing at the address in said City appearing opposite their signatures below, do hereby respectfully petition the Common Council of said City of South Bend, Indiana, to issue bonds of said City in an amount not to exceed Two Million Thirty Thousand Dollars ($2,030,000) for the purpose of procuring funds to be applied on the cost of acquisition by purchase of certain improved real property, known as the Palais Royale, for use in conjunction with the adjoining city -owned property known as the Civic Auditorium, for use as an auditorium and a public hall for assemblies, exhibits, conventions, entertainments, and for recreational and other lawful purposes, govern- mental and corporate or proprietary, and the remodeling and improvement of such build- ings for such purposes, including but not limited to the installation of heating, ven- tilating and air - conditioning equipment; the acquisition, improvement and development of land as a site for a civic center; the construction of streets, curbs, sidewalks, and sewers, including the acquisition of any necessary land, easements and rights -of- way in connection therewith; and, to the extent of funds remaining, the acquisition of land as a site for and the construction and equipment of a fire station; together with the expenses in connection with all of the foregoing including engineering, architec- tural, appraisal, abstracting, title insurance, and legal fees, and the expenses and legal fees incidental to the issuance of said bonds. This petition may be circulated in several counterparts, and all of such counter- " parts shall be considered as constituting one petition. It Councilman Reinke made a motion to approve and proceed with the petition for bonds in the amount of $1,630,000, as follows, seconded by Councilman Craven. Motion carried. COUNTERPART NO. 2 PETITION REQUESTING ISSUANCE OF BONDS OF THE of CITY OF SOUTH BEND, INDIANA TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: The undersigned, owners of taxable reas estate located in the City of South Bend, Indiana, and residing at the address in said City appearing opposite their signatures below, do hereby respectfully petition the Common Council of said City of South Bend, Indiana, to issue bonds of said City in an amount not to exceed One Million Six Hun- dred Thirty Thousand Dollars ($1,630,000) for the purpose of procuring funds to be applied on the cost of the improvement of the City owned property known as the Morris Civic Auditorium, including but not limited to the installation of heating, ventila- tilating and air - conditioning equipment; the acquisition, improvement and development of land as a site for a civic center within an area bounded by Michigan Street, Wayne Street, LaSalle Street and the St. Joseph River, the construction of streets, curbs, sidewalks, and sewers, including the acquisition of any necessary land, easements and rights -of -way in connection therewith within an area North of Lincolnway West, West of Bendix Drive, and South of the Northern Indiana Toll Road, all within the City of South Bend, Indiana; and to the extent of funds remaining, the acquisition of land as a site for and the construction and equipment of a fire station; together with the expenses in connection with all of the foregoing including engineering, architectural, appraisal, abstracting, title insurance, and legal fees, and the expenses and legal fees inci- dental to the issuance of said bonds. This petition may be circulated in several counterparts, and all of such counter- if parts shall be considered as constituting one petition. go J 1 1 1 REGULAR MEETING REGULAR MEETING - RECONVENED (Cont.) ORDINANCES, THIRD READING (Cont.) ORDINANCE NO. 5342 -71 (Cont.) OCTOBER 11, 1971 Councilman Reinke made a motion to amend this ordinance, as follows, seconded by Councilman Craven. Motion carried. This ordinance, as amended, was given third reading by F. J. Nimtz and Councilman Craven: (NEW ORDINANCE TITLE) AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING THE ISSUANCE AND SALE OF BONDS OF SAID CITY IN ORDER TO PROVIDE FUNDS FOR THE COST OF THE IMPROVEMENT OF THE CITY OWNED PROPERTY KNOWN AS THE MORRIS CIVIC AUDITORIUM, INCLUDING BUT NOT LIMITED TO THE INSTALLATION OF HEATING, VENTILATING AND AIR - CONDITIONING EQUIPMENT; THE ACQUISITION, IMPROVEMENT AND DEVELOPMENT OF LAND AS A SITE FOR A CIVIC CENTER WITHIN AN AREA BOUNDED BY MICHIGAN STREET, WAYNE STREET, LA SALLE STREET AND THE ST. JOSEPH RIVER; THE CONSTRUCTION OF STREETS, CURBS, SIDEWALKS, AND SEWERS, INCLUDING THE ACQUISITION OF ANY NECESSARY LAND, EASEMENTS AND RIGHTS -OF- WAY IN CONNECTION THEREWITH WITHIN AN AREA NORTH OF LINCOLNWAY WEST, WEST OF BENDIX DRIVE, AND SOUTH OF THE NORTHERN INDIANA TOLL ROAD, ALL WITHIN THE CITY OF SOUTH BEND, INDIANA; AND, TO THE EXTENT OF FUNDS REMAINING, THE ACQUISITION OF LAND AS A SITE FOR AND THE CONSTRUCTION AND EQUIPMENT OF A FIRE STATION; TOGETHER WITH THE EXPENSES IN CONNECTION WITH ALL OF THE FOREGOING INCLUDING ENGINEERING, ARCHITECTURAL, APPRAISAL, ABSTRACT- ING, TITLE INSURANCE, AND LEGAL FEES, AND THE EXPENSES AND LEGAL FEES INCIDENTAL TO THE ISSUANCE OF SAID BONDS. Councilman Reinke made a motion for the adoption of the ordinance, as amended, seconded by Councilman Szymkowiak. The ordinance passed by a roll call vote of 9 ayes (Councilmen Laven, Allen, Reinke, Craven, Szymkowiak, Wise, Palmer and Zielinski), 0 nays, 0 absent. ORDINANCE NO. 5343 -71 AN ORDINANCE TO APPROPRIATE $134,852.00 FROM THE LOCAL ROAD AND STREET FUND TO THE ACCOUNT "SERVICES CONTRACTUAL" WITHIN THE LOCAL ROAD AND STREET FUND. This ordinance was given third reading. Councilman Grounds moved for passage of the ordinance, seconded by Councilman Craven. The ordinance passed by a roll call vote of 9 ayes (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Wise, Palmer and Zielinski), 0 nay(S. 0 absent. ORDINANCE NO. 5344 -71 AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $71,500.00 FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND TO ACCOUNT 261, "OTHER CONTRACTUAL SERVICES ", SAID ACCOUNT BEING WITHIN THE CUMULATIVE CAPITAL IMPROVEMENT FUND. This ordinance was given third reading. Councilman Reinke moved for passage of the ordinance, seconded by Councilman Palmer. Ordinance passed by a roll call vote of 9 ayes (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Wise, Palmer and Zielinski), 0 nays'. O absent. ORDINANCE NO. 5345 -71 AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $1,500.00 FROM THE GENERAL FUND TO ACCOUNT W -37, "OTHER SUPPLIES ", IN THE RADIO DEPARTMENT, SAID ACCOUNT BEING WITHIN THE GENERAL FUND. This ordinance was given third reading. Councilman Palmer moved seconded by Councilman Grounds. The ordinance passed by a roll Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Wise, Palmer ORDINANCE NO. 5346 -71 for passage of the ordinance, call vote of 9 ayes (Councilmen and Zielinski), 0 nays, 0 absent. AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA. (3012 E. Edison Road) This ordinance was given third reading. Councilman Janet,Allen moved for passage of the nance, seconded by Councilman Reinke. The ordinance passed by a roll call vote of 8 ayes (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Palmer and Zielinski), 1 (Councilman Wise), 0 absent. ordi- nay REGULAR MEETING REGULAR MEETING - RECONVENED (Cont.) ORDINANCES, FIRST AND SECOND READING ORDINANCE OCTOBER 11, 1971 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WASTEWATER TREATMENT PLANT OF THE CITY OF SOUTH BEND, INDIANA AND CHICAGO PUMP OF CHICAGO, ILLINOIS FOR THE PURCHASE OF A MODEL 36A COMMINUTOR IN THE AMOUNT OF $13,001.00. The ordinance was given first reading. Councilman Craven made a motion for the second reading, public hearing, and third reading to be held on October 25, 1971. The motion was seconded by Councilman Szymkowiak. Motion carried. ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WATER WORKS OF THE CITY OF SOUTH BEND, INDIANA AND THE NATIONAL CASH REGISTER COMPANY OF MISHAWAKA, INDIANA, FOR THE PURCHASE OF REMITTANCE CONTROL MACHINES AND CHANGE DISPENSERS IN THE AMOUNT OF $12,622.78. The ordinance was given first reading. Councilman Craven made a motion that the second reading, public hearing, and third-reading be held on October 25, 1971, seconded by Councilman Reinke. Motion carried. ORDINANCE AN ORDINANCE AMENDING ORDINANCES 5215 -70 and 5322 -71 PERTAINING TO SALARIES BY ADDING A NEW POSITION. This ordinance was given first reading. Councilman Janet Allen moved for the second reading only to be held on October 25, 1971, seconded by Councilman Craven. Mr. Bickel commented that the delay by the Council didn't make any difference because the employee had been hired, the salary already committed, and the employee was already working. Councilman Janet Allen moved for withdrawal of the first motion, seconded by Councilman Craven. Motion carried. Councilman Reinke moved this ordinance be sent to the Fees and Salaries Committee for further study, to be reported back to Council on October 25, 1971, seconded by Councilman Allen. Counci: President Laven called for a show of hands vote on this motion. The show of hands vote was 4 ayes, 5 nay's -- motion failed. Councilman Craven moved that this ordinance be set for second reading, public hearing and third reading on October 25, 1971. The motion carried by a show of hands vote of 5 ayes, 4 nays. ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $3,000.00 FROM THE GENERAL FUND TO ACCOUNT T -726, "OTHER EQUIPMENT" IN THE TRAFFIC DEPARTMENT, SAID ACCOUNT BEING WITHIN THE GENERAL FUND. This ordinance was given first reading. Councilman Grounds made a motion that the second read- ing, public hearing, and third reading be held on October 25, 1971, seconded by Councilman Szymkowiak. Motion carried. ORDINANCE AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS TO ACCOUNT NO. K -214, "TELEPHONE AND TELEGRAPH ", IN THE AMOUNT OF $300.00 AND TO ACCOUNT NO. K -37, "OTHER SUPPLIES ", IN THE AMOUNT OF $500.00, AND TRANSFER OF SAME FROM ACCOUNT NO. K -7261 'OTHER EQUIPMENT ", ALL ACCOUNTS BEING IN THE MORRIS CIVIC AUDITORIUM BUDGET IN THE GENERAL FUND. This ordinance was given first and second reading. Councilman Grounds moved that the ordinance be set for public hearing on October 25, 1971, seconded by Councilman Szymkowiak. Motion carried. ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $10,000.00 TO ACCOUNT NO. U -321, "GASOLINE ", AND THE TRANSFER OF SAID SUM FROM ACCOUNTS U -221, "ELECTRIC CURRENT ", AND U -262, "DATA PROCESSING ", ALL ACCOUNTS BEING IN THE MUNICIPAL SERVICES FACILITY BUDGET IN THE GENERAL FUND. This ordinance was given first and second reading. Councilman Grounds made a motion that the ordinance be set for public hearing on October 25, 1971, seconded by Councilman Szymkowiak. Motion carried. 1 1 i J C REGULAR MEETING REGULAR MEETING - RECONVENED (Cont.) RESOLUTIONS (Cont.) RESOLUTION NO. 286 -71 OCTOBER 11, 1971 A RESOLUTION FOR AN ADDITIONAL APPROPRIATION IN ACCOUNT F -264, "LEGAL SERVICES ", IN THE BUDGET OF THE COMMON COUNCIL IN THE AMOUNT OF $600.00, AND THE TRANSFER OF SAID SUM FROM ACCOUNT F -213, "TRAVELING EXPENSES ", ALL BEING WITHIN THE GENERAL FUND, AS AMENDED. WHEREAS, certain extraordinary conditions have developed since the adoption of the existing annual budget, so that it is now necessary to appropriate more money than was appropriated in the annual budget for the various functions of City Government to meet such extraordinary conditions; and WHEREAS, additional funds for Account F -264, "Legal Services ", are needed by the Common Council to assure the department's ability to properly perform its functions; and WHEREAS, a surplus exists in another account where it is not needed presently and more specifically as follows, to -wit: $600.00: in Account F -213 designated as "Traveling Expenses ". NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana: SECTION I., That the sum of $600.00 be transferred from Account F -213 "Travel- ing Expenses ", to Account F -264, "Legal Services ", both of said accounts in the Common Council Budget being within the General Fund. /s/ Will Member of m W. Grounds e Common Council A public hearing on this resolution was held at this time. Councilman Grounds said that cities have spent considerable amounts on tax duplication. He felt it was wise to hire legal counsel to investigate such possible duplications and thereby save tax dollars where services are pro- vided only to county residents. He further stated that $750,000.00 is spent for bussing of school children in the county but from which the City receives no benefit. Miss Guthrie ques- tioned the transfer of funds and inquired as to why the City Attorney and his staff could not do this. Mr. Crumpacker replied that this amount would buy a lawyer's time for such investi- gation. He said that his staff was swamped and are doing only about half of the work that really needed doing. He said that there is no additional time available. Council President Laven asked Mr. Crumpacker if he felt this was a worthwhile endeavor; if it had merit. Mr. Crumpacker replied that it does have the potential to save the tax payers money. Councilman Reinke mentioned that the reason this resolution came about was a result of Representative Doyle's appearance before the Council at the previous meeting. In talking with Mr. Doyle he was lead to believe that this investigation could be done for the sum of $500, why the $1,200? Since the City Attorney and his staff have no time to pursue this matter, in lieu of the pro- posed resolution he suggested the amount be changed to read $600; and he made a motion to that effect, seconded by Councilman Craven. Councilman Wise said he would like to know if we were the only city to promote this problem. Councilman Grounds said he thought we were probably the first in Indiana and he referred to Mr. Doyle's reference to cases in Florida and California which were won by the cities. Mr. Crumpacker suggested that the problem be brought to the attention of the State Legislature for legislative change if such duplications were found; or go to court. Councilman Reinke commented that Mr. Doyle presented several avenues where inves- tigations could be made. Councilman Szymkowiak commented that Mr. Doyle said such investiga- tions could be done for $500; but he understood it might be $600 or $750 and once the ball gets rolling it might require even more and, after the initial sum is invested, what is to be done if an additional amount is requested? Council-..President Laven requested a show of hands from all in favor of reducing the resolution amount from $1,200 to $600. Show of hands vote indi- cated 6 ayes and 3 nays. The Resolution was amended to read $600.00. Mr. Laven than asked if there were further questions on the matter. Councilman Craven commented he thought Mr. Doyle had created a situation similar to that of Mr. Nader; he knows the law and he knows we're not going to find anything -- we shouldn't consider the project. Councilman Grounds stated he didn't think Councilman - Craven's statements were fair to Mr. Doyle. He felt Mr. Doyle is trying to help the taxpayer. Nobody else has accomplished anything so far and maybe this will help us; he said he was at least willing to try. Councilman Szymkowiak commented that there is:2 more than one State Representative from.this area and his feeling was that they should get together and try to figure out something for the benefit of the taxpayer; they were elected by the tax- payers so why should we take on the burden of this cost. Councilman Grounds made a motion for the adoption of the resolution as amended, seconded by Councilman Reinke. The resolution was passed by a roll call vote of 6 ayes (Councilmen Laven, Allen, Reinke, Grounds, Palmer and Zielinski), 3 nays (Councilmen Craven, Szymkowiak and Wise), 0 absent. 1 1 1 1 ri Gs3 REGULAR MEETING REGULAR MEETING - RECONVENED (Cont.) RESOLUTIONS (Cont.) RESOLUTION NO. 287 -71 OCTOBER 11, 1971 A RESOLUTION FOR AN ADDITIONAL APPROPRIATION TO ACCOUNT NO. 214, "TELEPHONE AND TELEGRAPH ", IN THE HUMAN RELATIONS AND FAIR EMPLOYMENT PRACTICES COMMISSION IN THE AMOUNT OF $163.50 AND THE TRANSFER OF SAME FROM ACCOUNT NO. 211, "FREIGHT, EXPRESS AND DRAYAGE ", AND ACCOUNT NO. 241, "PRINTING, OTHER THAN OFFICE SUPPLIES ", ALL ACCOUNTS BEING WITHIN THE SAME CATEGORY AND WITHIN THE HUMAN RELATIONS AND FAIR EMPLOYMENT PRACTICES COMMISSION FUND. WHEREAS, certain extraordinary conditions have developed since the adoption of the existing annual budget, so that it is now necessary to appropriate more money than was appropriated in the annual budget for the various functions of City Government to meet such extraordinary conditions; and WHEREAS, additional funds are needed by the Human Relations and Fair Employment Practices Commission to provide for the continuation of the "rumor control phone" now located in the Human Relations' office and to assure the department's ability to properly perform its functions; and WHEREAS, a surplus exists in other accounts where it is not presentely needed and more specifically as follows, to -wit: a. Account No. 211, "Freight, Express & Drayage" $100.00 b. Account No. 241, "Printing, Other Than Office Supplies" 63.50 $163.50 NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana: SECTION I. That the sums of $100.00 from Account No. 211, "Freight, Express and Drayage ", and $63.50 from Account No. 241, "Printing, Other Than Office Supplies ", be trans- ferred and appropriated to Account No. 214, "Telephone and Telegraph ", all accounts being in the same category in the Human Relations and Fair Employment Practices Commission Fund. /s/ William W. Grounds Member of the Common Council A public hearing on this resolution was held at this time. Mr. Bickel read a letter from Mr. 0. T. Bergeron, Chairman of the Human Relations Commission, as follows: m 11 CITY OF SOUTH BEND South Bend, Indiana HUMAN RELATIONS COMMISSION October 5, 1971 Mr. James A. Bickel City Controller County -City Bldg. South Bend, Indiana Dear Mr. Bickel, The rumor control phone now located in the Human Relations Office is no longer being paid for by the South Bend Tribune. They've ceased paying for this phone as of April 1971 and the commission has voted to retain this phone because of its im- portanct to the South Bend Community. We have incurred a bill of $124.70 as of Oct. 25, 1971. The total bill for the fiscal year 1971 at a rate of $19.40 per month will be $163.50. Please allocate this amount from our Account #363 for the payment of these phone bills. Also please see to it that a sum of $232.80 is allocated from Account #363 for this phone for fiscal year 1972. Thank you, /s/ 0. T. Bergeron 0. T. Bergeron, Chairman Human Relations Commission if Mr. Bickel stated that he advised Mr. Mullins that we could do nothing about this phone bill for 1972 until next year. Miss Guthrie inquired where Mr. Mullins has been since April, if the TRIBUNE discontinued paying this phone bill in April. General discussion among the Council members conveyed that the rumor control phone service was helpful and a crime deterrent. Councilman Janet Allen moved for adoption of the resolution, seconded by Councilman Grounds. The resolution was adopted by a roll call vote of 8 ayes (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Wise and Zielinski), 1 nay (Councilman Palmer), 0 absent. REGULAR MEETING OCTOBER 11, 1971 REGULAR MEETING - RECONVENED (cont.) UNFINISHED BUSINESS None NEW BUSINESS None There being no further business, new or unfinished, to come before the Council, Councilman Craven made a motion to adjourn, seconded by Councilman Palmer. Motion carried. Time 11 :37 P.M. ATTEST: APPROVED: /12 CITY CLL9�RX / PRESIDENT i