|
REGULAR MEETING DECEMBER 17 1973
<br />COMMITTEE OF THE WHOLE MEETING (CONTINUED)
<br />ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO.
<br />5372 -71, AS AMENDED, COMMONLY KNOWN
<br />AS THE ZONING ORDINANCE OF THE CITY
<br />OF SOUTH BEND, INDIANA, CHAPTER 21
<br />OF THE CITY CODE OF THE CITY OF
<br />SOUTH BEND, INDIANA, 1971 (MERRY
<br />AVENUE PROJECT) .
<br />This being the time heretofore set for public hearing on the above ordinance, proponents and
<br />opponents were given an opportunity to be heard. Mr. Hollis Hughes, Executive Director of Model
<br />Cities, made the presentation for the ordinance. He stated that, in May of 1972, the third year
<br />Comprehensive Plan for Merry Avenue was presented. It would involve a park which would be used to
<br />attract low - skilled intense industry, etc. The proposed plan has been approved by Model Cities,
<br />the Redevelopment Department and the Area Plan Commission. MACOG has also favorably recommended
<br />the change in the zoning to light industrial.
<br />Council President Nemeth stated that the petition and ordinance had been presented by one of the
<br />city attorneys. He wondered why the attorney from the Redevelopment Department had not prepared
<br />the petition. Mr. Hughes stated that Model Cities utilizes the city attorneys and the land was
<br />only being held by the Redevelopment Department.
<br />Councilman Serge made a motion that the ordinance go to the Council as favorable, seconded by
<br />Councilman Parent. The motion carried.
<br />ORDINANCE AN ORDINANCE AMENDING CHAPTER 2,
<br />ARTICLE 11, SECTIONS 2 -51 THROUGH
<br />2 -62 OF THE MUNICIPAL CODE OF SOUTH
<br />BEND, INDIANA, 1971, REDESIGNATED BY
<br />ORDINANCE NO. 5390 -72 AS ARTICLE 9
<br />OF CHAPTER 2 OF THE CODE, BY THE
<br />SUBSTITUTION OF A NEW ARTICLE 9 OF
<br />CHAPTER 2 ESTABLISHING THE SOUTH
<br />BEND HUMAN RIGHTS COMMISSION.
<br />Council President Nemeth requested that this ordinance and the following ordinance regarding the
<br />Human Rights Commission be considered at the same time.
<br />ORDINANCE AN ORDINANCE AMENDING CHAPTER 11,
<br />ARTICLE 2, SECTIONS 11 -2 THROUGH
<br />11 -14 OF THE MUNICIPAL CODE OF SOUTH
<br />BEND, INDIANA, 1971, BY THE SUBSTITUTION
<br />OF A NEW ARTICLE 2 OF CHAPTER 11, THE
<br />SOUTH BEND HUMAN RIGHTS COMMISSION.
<br />This being the time heretofore set for public hearing on the above ordinances, proponents and
<br />opponents were given an opportunity to be heard. Ms. Cordelia Candelaria, Chairman of the South
<br />Bend Human Relations Commission, made the presentation for the ordinance. She indicated that her
<br />group had worked with the Council on the proposed ordinances and asked for the Council's suggestio
<br />and contributions to the ordinances. She stated that the ordinances were a group effort and she
<br />was hopeful that the Council would approve them because the city's present ordinances were out -of-
<br />date. She concluded that the new ordinances were up to par with the Indiana State Civil Rights
<br />Commission and widened the scope of the ordinances. Dr. John Kromkowski, Director of the
<br />Department of Human Resources and Economic Development, explained the three reasons for the Counci
<br />passage of the ordinances. First, the ordinances would bring South Bend into line with the curren
<br />state laws. Secondly, it would allow for expanded participation in the area of human rights. He
<br />mentioned the Mayor's recent appointments to the Commission. The third reason was that the
<br />Council, as an elected body, would have a more direct part in the Commission because six of the
<br />members would be appointed by the Council. Mr. William Stanley, one of the Deputy City Attorneys,
<br />spoke as a representative and advisor of the Human Relations Commission. He stated that, after
<br />working under the old ordinances and reviewing the new ordinances, it was his opinion that the new
<br />ordinances would give greater basis for effectuating the policies and the position of the City of
<br />South Bend.
<br />Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, questioned the power
<br />and duties the new board would have. Mr. Stanley explained that the new power was the subpoena
<br />power. He stated that this power was given in the housing ordinance; however, in the present
<br />ordinance on employment the power was not given. He felt this was needed in that ordinance. He
<br />stated that it was the obligation of the Commission to prohibit unlawful employment activities
<br />and protect the employers within the City of South Bend as well. Miss Guthrie asked if the
<br />subpoena power was available in the present ordinances, and Mr. Stanley again stated that the powe
<br />was only incorporated in the housing ordinance. Miss Guthrie felt that a 15- member commission was
<br />too large. She felt nine members were sufficient. She also felt that too broad of powers were
<br />being given to the commission. She was interested in the statement which indicated that the
<br />commission would set the salaries. She felt the Council should have the say in that. She conclud
<br />by indicating that she did not think it was necessary to go this far. Mrs. Janet Allen, 125 West
<br />Marion Street, indicated that the thought of giving appointed people subpoena powers and the power
<br />of elected officials was a concern to her. She stated that, when these powers are spread out, the
<br />Council's power is dissipated. She also stated that the Human Relations and Fair Employment
<br />Practices Commissions were combined and she felt one ordinance should apply to both commissions.
<br />Ms. Pat Barrett, 710 Park Avenue, a member of the South Bend - Mishawaka Women's Political Caucus,
<br />spoke in support of the ordinances. She stated that the human rights ordinance empowers the right
<br />to handle complaints based on sex and employment. Results of the 1970 census show a great dispari
<br />between men and women in the City of South Bend. She talked about the employment rate in the fami
<br />income levels in the city. She stated that her group felt that women were at a disadvantage in
<br />the employment market and that a strong human rights commission was needed. Mrs. Shirley Fulton,
<br />(representing the Model Neighborhood Agency, spoke in favor of the ordinances. Mr. Leo Newman, a
<br />member of the South Bend Human Relations Commission since 1966, spoke regarding the proposed
<br />ordinances. He stated that, having served on the commission for five to six years, he found that
<br />the limitation of the membership was restricting the commission from functioning at its best. He
<br />
|