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HomeMy WebLinkAbout10-28-74 Council Meeting Minutes+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + +4 REGULAR MEETING OCTOBER 28, 1974 Be it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Monday, October 28, 1974, at 7:04 p.m., Council President Peter J. Nemeth presiding. The meeting was called to order and the.Pledge to the Flag was given. ROLL CALL PRESENTS Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth. ABSENT: None. Councilman Taylor made a motion to resolve into the Committee of the Whole, seconded by Councilma Kopczynski. The motion carried. REGULAR MEETING OCTOBER 28, 1974 COMMITTEE OF THE WHOLE MEETING Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on Monday, October 28, 1974, at 7:05 p.m., with nine members present. Chairman Odell Newbur presided. ORDINANCE AN ORDINANCE TRANSFERRING $3,000.00 FROM ACCOUNT #510.0, "CURRENT CHARGES, INSURANCE ", TO ACCOUNT #372.0, "SUPPLIES, ZOO FEED ". BOTH ACCOUNTS ARE IN THE GENERAL PARK FUND. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. James Seitz, Director of the Department of Public Parks, made the presentation for the ordinance. He explained that the transfer was necessitated because of the daily increase in the cost of zoo feed for the animals. He stated that there was a balance in the insurance account because the anticipated higher insurance costs did not materialize. There were no comments or questions. Council President Nemeth made a motion that the ordinance be recommended favorably to the Common Council, seconded by Councilman Szymkowiak. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $53,000.00 FROM THE SEWAGE WORKS IMPROVEMENT FUND FOR THE PURPOSE OF PURCHASING SEWER CLEANING EQUIPMENT. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Michael Vance, Fiscal Officer, made the pre- sentation for the ordinance. He explained that the ordinance appropriated funds for the purchase of a Vactor -type sewer cleaning machine, and this item had been cut from the proposed 1975 budget in lieu of the proposed ordinance being presented. There were no comments or questions. Councilman Kopczynski made a motion that the ordinance be recommended favorably to the Common Council, seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING THE SUM OF $110,000.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND (Model Cities Sewer Separation Project). This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. David Wells, Manager of the Bureau of Design and Administration, made the presentation for the ordinance. He explained that the appropriation would provide for land acquisition in an area bounded by Orange Street, College Street, Washington Avenue and Jackson Street for the sewer separation project. He stated that this was the second appropriation ordinance and the acquisition would take in one business and several homes. He con- cluded by stating that the residents were in general accord with the project. Councilman Szymkowiak asked if the people having to vacate their homes would be reimbursed for their loss. Mr. Wells indicated that standard procedures would be utilized and the property would be appraised, with the residents being offered the appraisal figure. He stated that, if an agree- ment could not be reached, the home would be condemned and three court - appointed appraisers would be selected. Mr. David Calabria, Director of the Model Cities Program, stated that the people would be relocated on the same basis as the Uniform Relocation Act. Councilman Serge wondered about the number of appraisers used, and Mr. Wells indicated that usually only one appraiser is hired. He reminded Councilman Serge that additional appraisers would cost more money. Councilman Serge was of the opinion that two or three appraisers should be used in order to be fair to the residents. Councilman Parent made a motion that the ordinance be recommended favorably to the Common Council, seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $17,500.00 FROM THE GENERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR THE PURCHASE AND INSTALLA- TION OF GASOLINE DISPENSING EQUIPMENT TO BE LOCATED AT 701 WEST SAMPLE STREET. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Rollin Farrand, Director of the Department of Public Works, made the presentation for the ordinance. He explained that, with the purchase of the new 1975 model cars,-non- leaded gasoline would have to be utilized, and he stated that he understood it to be illegal to modify the cars to use regular leaded gasoline. He indicated that, with the installation of a new gasoline tank for the non - leaded gasoline, additional pumping facilities would be required. He stated that he was requesting the appropriation to provide for two Key -trol pumps, identical to those now installed. He stated that Mr. Stanley Przybylinski, Manager of the Municipal Services Facility, was available to answer any questions the councilmen might have regarding the proposed installation. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, wondered when the use of regular.gasoline would be phased out. Mr. Przybylinski indicated that this would occur when the old vehicles were no longer utilized and could not be repaired or maintained. He could not tell exactly when this would be. Mr. Evans asked if the installation would be done on a bid basis, and Mr. Przybylinski indicated that it would. Mr. Evans wondered why two pumps would be needed, and Mr. Przybylinski stated that approximately 30 to 40 cars would be filling up with gasoline each day. He also stated that, in the future, the additional pump would be necessary. Mrs. Lee Swan, 2022 Swygart, wondered if the city had done its fair share to help the energy shortage. Mr. Przybylinski indicated that, from August of 1973, to the present time, the amounts of gasoline used were recorded; however, he stated that he could not answer Mrs. Swan's question. Mrs. Swan REGULAR MEETING OCTOBER 28, 1974 COMMITTEE OF THE WHOLE MEETING (CONTINUED) wondered about the city -owned vehicles being parked at shopping centers on weekends. Mr. Przybylinski indicated that he could not comment regarding that matter. Councilman Parent asked i Mrs. Swan had recorded the license numbers of the vehicles she was referring to. She indicated that she had, and Councilman Parent asked that she forward this information to him and he would look into the matter. Councilman Szymkowiak made a motion that the ordinance be recommended favorably to the Common Council, seconded by Councilman Kopczynski. The motion carried. 'ORDINANCE AN ORDINANCE APPROPRIATING $7,980 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC SAFETY PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC SAFETY. Council President Nemeth made a motion to continue the ordinance to the November 12, 1974, (meeting at the request of the Fire Chief, seconded by Councilman Kopczynski. The motion carried. (ORDINANCE AN ORDINANCE ESTABLISHING THE CENTURY CENTER CONSTRUCTION FUND AND APPROPRIATING TO THIS FUND $616,000.00 FROM THE CIVIC CENTER DEVELOPMENT FUND, BOTH FUNDS BEING WITHIN THE FUNDS OF THE CIVIL CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Rollin Farrand, Director of the Department of Public Works, made the presentation for the ordinance. He indicated that it was necessary to establish a new fund for the construction of the Century Center since the existing fund was only a trust fund. He indicated that the amount of $616,000 was actually a transfer of current receipt to be received by December 31, 1974. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, stated that, on February 11 an appropriation was made for engineering fees for demolition of the generator plant. He stated that the amount appropriated had not been sufficient at that time, and he wondered where the balance of the funds had come from. Mr. Farrand stated that, at the time the decision was made, the money had been in the services contractual account. He stated that he could not give an explanation of that because he was not involved in the issue at that time. He stated that the ordinance being considered at the present time would establish a procedure in this regard. Council President Nemeth made a motion that the ordinance be recommended favorably to the Common Council, seconded by Councilman Kopczynski. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $1,100,000.00 FROM THE CENTURY CENTER CONSTRUCTION FUND TO "PHASE I CONSTRUCTION ", ACCOUNT NO. 710.0, "BUILDINGS, STRUCTURES AND IMPROVEMENTS ", A NEW PROGRAM AND ACCOUNT WITHIN THE CENTURY CENTER CONSTRUCTION FUND OF THE CIVIL CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Rollin Farrand, Director of the Department of Public Works, made the presentation for the ordinance. He indicated that this money was re- quired for the first four contracts of construction to be let. He indicated that the source of the funds would be a combination of gifts and donations and EDA funds, in addition to the $616,000 being transferred in the preceding ordinance. There were no comments or questions. Councilman Kopczynski made a motion that the ordinance be recommended favorably to the Common Council, seconded by Councilman Szymkowiak. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING THE SUM OF $201,925.00 FROM THE FEDERAL ASSISTANCE GRANT FUND TO VARIOUS ACCOUNTS WITHIN THE F.A. PROGRAM 45, "CIVIC CENTER AUTHORITY ", TO BE ADMINISTERED BY THE DEPARTMENT OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Rollin Farrand, Director of the Department of Public Works, made the presentation for the ordinance. He indicated that the appropriation ordinance would enable the city to pay construction fees from August. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, questioned the amount in February which was appropriated for telephone ($700) and the additional appropriation of $500 beinc requested at this time. Councilman Miller indicated that this was necessitated because of the duration of the fund drive. He also stated that the cost for the fund drive.was the smallest per- centage of any fund drive compared to the amount to be raised by the drive. He indicated that, in the contract, some of the consultants' fees were not included because it was not known at that time Councilman Serge made a motion that the ordinance be recommended favorably to the Common Council, seconded by Councilman Szymkowiak. The motion carried. There being no further business to come before the Committee of the Whole, Council President Neme made a motion to rise and report to the Council, seconded by Councilman Horvath. The motion Carr ATTEST: CITY CLERK ATTEST: z� &/ &�&� CHAIRMAN REGULAR MEETING OCTOBER 28, 1974 REGULAR MEETING - RECONVENED Be it remembered that the regular meeting of the Common Council of the City of South Bend, Indiana reconvened in the Council Chambers at 7:35 p.m., Council President Nemeth presiding and nine mem- bers present. REPORT FROM THE COMMITTEE ON MINUTES To the Common Council of the City of South Bend: Your committee on the inspection and supervision of the minutes, would respect- fully report that they have inspected the minutes of the October 21, 1974, regular meeting of the Council and found them correct. They, therefore, recommend that the same be approved. s/ Peter J. Nemeth Councilman Taylor made a motion that the report be accepted as read and placed on file and the minutes be approved, seconded by Councilman Newburn. The motion carried. REPORT FROM THE COMMITTEE OF THE WHOLE Councilman Taylor made a motion to waive the reading of the report of the Committee of the Whole, seconded by Councilman Horvath. The motion carried by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). REPORT FROM THE COMMITTEE ON CLAIMS To the Common Council of the City of South Bend: Your special Committee on Claims would respectfully report that it has inspected the claims which have been submitted since the last regular meeting of the Council, and recommend that said claims be approved. Peter J. Nemeth Chairman Councilman Taylor made a motion that the report be accepted as read and placed on file and the claims be approved for payment, seconded by Councilman Newburn. The motion carried. REPORT FROM THE DIRECTOR OF THE DEPARTMENT OF PUBLIC PARKS Mr. James Seitz, Director of the Department of Public Parks, made his quarterly report to the Council. He indicated that, besides performing the regular duties of the department, the following projects have been completed: installation of lights at Boland Tennis Courts, construc- tion of dugouts at Kennedy Baseball Field, resurfacing of Kennedy Tennis Courts, installation of lights at LaSalle Park - Outdoor Basketball Courts, resurfacing of LaSalle Park Outdoor Basketball Courts and the Marshall Tennis Courts, installation of lights at Marshall Tennis Courts, completio of the Nature Center at Rum Village Park, commencement of work on the development of Belleville Gardens Park and the replacing of the roof on the Newman Recreation Center. He stated that three ball fields have been completed this year except for backstops, a football field was very near completion, and four tennis courts, parking lots and drives have been started and roughed in. He complimented Mr. Ray Nemeth, the Assistant Park Superintendent, and his construction crew for starting the Belleville Park project. He stated that he felt the department was very fortunate in having its own skilled personnel to develop park and recreational facilities. He indicated that the department has acquired approximately 80 acres of land in the city during the past few months for future park development. He talked about the selling of $1.7 million of general obligation bonds for the much needed renovation of Potawatomi Zoo, the development of the White Water Way, Island Park, Pier Park and Centennial Park. Mr. Seitz concluded his report by thanking the Counci, for its cooperation in the past. Councilman Kopczynski thanked Mr. Seitz and Mr. Nemeth for their fine cooperation in the building of Belleville Park. He felt it would be appropriate for Mr. Seitz to request revenue sharing funds for the development of the park, and he hoped this could be done. He again complimented Mr. Seitz and the department for a fine job done. Councilman Taylor also complimented the department on the improvements at Marshall Park. He talked about the demand for additional tennis courts within the city. Councilman Miller wondered when the - public would be invited to view the new Nature Center, and Mr. Seitz stated that an open house would be held soon. Councilman Parent talked about the acquisition of land north of Edison. He stated that he would like to be informed when the plans were developed for that area. Council President Nemeth thanked Mr. Seitz for his presentation. PETITION TO AMEND ZONING ORDINANCE (Southwest corner of Ireland Road and Miami) I (We), the undersigned, do hereby respectfully make application and petition the Common Council of the City of South Bend, Indiana, to amend the zoning ordinance of the City of South Bend, Indiana, as hereinafter requested, and in support of this application, the following facts are shown: 1. The property sought to be rezoned is located on the west side of Miami Street, beginning 730.15 feet south of the center of Ireland Road and running south 347.5 feet and west 537 feet. 2. The property is owned by Robert R. Allen and Dorothy A. Allen. 3. A legal description of the property is as follows: A tract of land in the Southeast Quarter of Section 25, Township 37 North, Range 2 East, in St. Joseph County, Indiana, described as beginning at a point on the East line of said Southeast Quarter 730.15 feet South of the Northeast corner of said Southeast. Quarter; thence West a distance of 537 feet; thence South a distance of 347.5 feet, REGULAR MEETING OCTOBER 28, 1974 REGULAR MEETING - RECONVENED (CONTINUED) PETITION TO AMEND ZONING ORDINANCE (CONTINUED) more or less, to a point on the North line of Widener's Addition; thence East a distance of 537 feet to the East line of said section, which is also the center line of Miami Street; thence North along said East line to the point of beginning containing approximately 4.28 acres, subject to legal highways. 4. It is desired and requested that the foregoing property be rezoned from "A" Residential Use and "A" Height and Area District to "C -2" Commercial Use and "B" Height and Area District. 5. It is proposed that the property will be put to the following use and the following building(s) will be constructed: A planned shopping center; the first con- templated construction will be a single -story building of approximately 3,200 square feet to be used as a branch bank. 6. Number of off - street parking spaces to be provided: 26 for the branch bank and 160 for the remainder. 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. Petition Prepared By Bruce H. Stewart Robert R. Allen and Dorothy A. Allen By: DORAN, MANION, BOYNTON AND KAMM s/ Bruce H. Stewart Attorneys for Petitioners 725 St. Joseph Bank Building South Bend, Indiana 46601 Council President Nemeth indicated that action on the petition would be taken when the ordinance pertaining to said petition had first reading. ORDINANCES, SECOND READING ORDINANCE NO. 5756 -74 AN ORDINANCE TRANSFERRING $3,000.00 FROM ACCOUNT #510.0, "CURRENT CHARGES, INSURANCE ", TO ACCOUNT #372.0, "SUPPLIES, ZOO FEED ". BOTH ACCOUNTS ARE IN THE GENERAL PARK FUND. This ordinance had second reading. Councilman Taylor made a motion to pass the ordinance, seconded by Councilman Serge. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE NO. 5757 -74 AN ORDINANCE APPROPRIATING $53,000.00 FROM THE SEWAGE WORKS IMPROVEMENT FUND FOR THE PURPOSE OF PURCHASING SEWER CLEANING EQUIPMENT. This ordinance had second reading. Councilman Taylor made a motion to pass the ordinance, seconded by Councilman Horvath. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE NO. 5758 -74 AN ORDINANCE APPROPRIATING THE SUM OF $110,000.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND (Model Cities Sewer Separation Project). This ordinance had second reading. Councilman Horvath made a motion to pass the ordinance, seconded by Councilman Taylor. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE NO. 5759 -74 AN ORDINANCE APPROPRIATING $17,500.00 FROM THE GENERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR THE PURCHASE AND INSTALLA- TION OF GASOLINE DISPENSING EQUIPMENT TO BE LOCATED AT 701 WEST SAMPLE STREET. This ordinance had second reading. Councilman Kopczynski made a motion to pass the ordinance, seconded by Councilman Horvath. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE AN ORDINANCE APPROPRIATING $7,980 FROM THE FEDERAL ASSISTANCE GRANT FUND COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC SAFETY PRO - GRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC SAFETY. Councilman Taylor made a motion to continue the ordinance to the November 12, 1974, meeting of the Council, seconded by Councilman Kopczynski. The motion carried. ORDINANCE NO. 5760 -74 AN ORDINANCE ESTABLISHING THE CENTURY CENTER CONSTRUCTION FUND AND APPROPRIATING TO THIS FUND $616,000.00 FROM THE CIVIC (continued) REGULAR MEETING OCTOBER 28, 1974 REGULAR MEETING - RECONVENED (CONTINUED) ORDINANCE NO. 5760 -74 (CONTINUED) CENTER DEVELOPMENT FUND, BOTH FUNDS BEING WITHIN THE FUNDS OF THE CIVIL CITY OF SOUTH BEND, INDIANA. This ordinance had second reading. Councilman Newburn made a motion to pass the ordinance, seconded by Councilman Kopczynski. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE NO. 5761 -74 AN ORDINANCE APPROPRIATING $1,100,000.00 FROM THE CENTURY CENTER CONSTRUCTION FUND TO "PHASE I CONSTRUCTION ", ACCOUNT NO. 710.0, "BUILDINGS, STRUCTURES AND IMPROVEMENTS ", A NEW PROGRAM AND ACCOUNT WITHIN THE CENTURY CENTER CONSTRUCTION FUND OF THE CIVIL CITY OF SOUTH BEND, INDIANA. This ordinance had second reading. Councilman Kopczynski made a motion to pass the ordinance, seconded by Councilman Szymkowiak. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE NO. 5762 -74 AN ORDINANCE APPROPRIATING THE SUM OF $201,925.00 FROM THE FEDERAL ASSISTANCE GRANT FUND TO VARIOUS ACCOUNTS WITHIN THE F.A. PROGRAM 45, "CIVIC CENTER AUTHORITY ", TO BE ADMINISTERED BY THE DEPARTMENT OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA. This ordinance had second reading. Council President Nemeth wondered if the ordinance should be amended to be administered by the Civic Center Authority. It was decided the ordinance was appropriate as drafted. Councilman Newburn made a motion to pass the ordinance, seconded by Councilman Kopczynski. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). RESOLUTIONS RESOLUTION NO. 451 -74 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING THE TRANSITION OF THE CITY OF SOUTH BEND'S COMPREHENSIVE DEMONSTRATION PROGRAM AND AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT WITH THE UNITED STATES OF AMERICA. WHEREAS, the City of South Bend desires to continue to carry out a comprehensive city demonstration program (herein referred to as the "Program" attached hereto and made a part hereof) with the Federal financial assistance under Title I of the Demonstration Cities and Metropolitan Development Act of 1966 (herein called "Act "); and WHEREAS, the Act requires local governing body approval of the program as a condition for eligibility for assistance. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend that: SECTION I. The Program, including the projects and activities set forth in the grant agreement, is hereby approved. SECTION II. The Mayor of the City of South Bend, Indiana, Jerry J. Miller, is hereby authorized to execute a grant agreement with the United States of America and to do all things necessary in order to carry out the program, including the submission of such reports, certifications and other material as the Secretary of Housing and Urban Development shall require. SECTION III. The Common Council of the City of South Bend assumes full responsibility for assuring that all grant funds will be used in an economical and efficient manner in carrying out the program and assures the necessary non - federal share of the cost of the Program Administration. Salaries of all persons employed by the City of South Bend under the Program shall be fixed by the Mayor subject to approval by the Common Council. SECTION IV. The South Bend Director of Administration, James V. Barcome, or his successor or delegate may do all things required to be done in order to obtain payment of the grant, including but not limited to the selection of a commercial bank to receive payment vouchers, the submission of signature specimens, and the filing of requests for payment. SECTION V. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/ Roger 0. Parent Member of the Common Council A public hearing was held on the resolution at this time. Mr. David Calabria, Director of the Model Cities Program, stated that the resolution would take the program to June 30, 1975. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, questioned the amounts for the REGULAR MEETING OCTOBER 2841' 1974 REGULAR MEETING - RECONVENED (CONTINUED) salaries. Mr. Calabria indicated that, in most cases, the amounts covered an eleven -month period. He indicated that the amount requested at the present time would carry the program from present to June 30th. Mr. Willie Green, Jr., Executive Director of the Hansel Neighborhood Center, questioner acceptance of the proposal in its entirety. He stated that the Hansel Neighborhood Center had submitted a proposal asking for approximately $39,900 for the purchase and development of a fourth day care center to service the Model Cities area. He talked about the need for day care centers and the statistics for the number of female heads -of- the - household, the poverty level within the Model Cities area, black population and median income in the area, and the number of pre - schoolers He talked about the demolition of buildings, the cost involved and the amount allotted from Model Cities funds for demolition. He hoped that some of this money could be used for constructive programs, such as a day care center, rather than destruction of homes and buildings. He asked tha the Council give consideration to the construction of another day care center in the Model Cities area. Councilman Miller wondered how many children were denied entrance into the day care centers this year. Mr. Green indicated that 130 students can be enrolled, 15 students have not been place and 30 students have been enrolled over the amount licensed. Councilman Miller wondered how many day care centers were constructed in the southeast side. Mr. Green indicated that he did not know of any. Councilman Miller felt it might be more logical to construct a facility in that area sinc the Model Cities area already had three day care centers. Mr. Green indicated that the Model Cities area provided services to the people on the southeast side. Councilman Kopczynski wondered if there was anticipated a downward trend in this type of service in the future, and Mr. Green indicated that he could not see this to happen in the near future. Councilman Kopczynski wondered if the need for day care centers was needed throughout the entire city and not just in the Model Cities area. Mr. Green felt there was a greater need for the centers in the inner -city for the poor people. He stated that he was concerned about the Model Cities area. Mrs. Louvenia Cain, Chairperson of the Model Cities Planning Board, indicated that she appreciated Mr. Green's concern and that she would help to try and eliminate the problem. She hoped that the Council would act favorably on the resolution and she would work with Mr. Green in the future on his request. Councilman Szymkowiak talked about the nedd for day care centers in other parts of the city, not just in the Model Cities area alone. He felt Model Cities could operate with its three facilities and consideration should be given to the construction of these facilities in other parts of the city. Councilman Szymkowiak made a motion to adopt the resolution, seconded by Councilman Horvath. Councilman Parent indicated that the issue of the day care centers was of concern to him; however, he stated that the Council has taken the position to respect the decision of the Model Cities Neighborhood Planning Agency on the programs presented. Councilman Kopczynski felt Mr. Hojnacki should make a study of the need for day care centers within the city and submit this information to the Council within a month. There was a call for the question. The resolution was adopted by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). RESOLUTION NO. 452 -74 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AUTHORIZING THE BOARD OF PUBLIC WORKS TO NEGOTIATE THE SALE OF LOT NUMBERED NINETY (90) AS SHOWN ON THE RECORDED PLAT OF RAFF, SIBLEY AND FASSNACHT'S LINDEN PLACE ADDITION TO THE CITY OF SOUTH BEND, COMMONLY KNOWN AS 1809 WEST FLORENCE STREET. WHEREAS, the Board of Public Works of the City of South Bend, pursuant to the Municipal Code of the City of South Bend, Chapter 30A, has offered for sale by legal publication Lot Numbered Ninety (90) as shown on the Recorded Plat of Raff, Sibley and Fassnacht's Linden Place Addition to the City of South Bend, commonly known as 1809 West Florence Street, at an offering price of $1,160.00, and WHEREAS, no bids were received for the sale of said property, and WHEREAS, the Board of Public Works of the City of South Bend again offered said property for sale by legal publication on credit in payment over a three -year period, and WHEREAS, no bids were received for the sale of said property, and WHEREAS, the Board of Public Works has now received an offer to purchase the property at 1809 Florence Avenue for a price of $600.00, with the additional commitment to repair the broken sidewalk and curbing and to remove all trash, debris and weeds from the property within a period of thirty days, and WHEREAS, the Board of Public Works-has now complied with all requirements of the Municipal Code of the City of South Bend, Chapter 30A, which establishes procedures for the disposition of real property owned by the City of South Bend, NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend that: SECTION I. The Board of Public Works be authorized to negotiate a contract for the sale of Lot Numbered Ninety (90) as shown on the Recorded Plat of Raff, Sibley and Fassnacht's Linden Place Addition to the City of South Bend, commonly known as 1809 West Florence Street for a total price of $600.00, with the contract to stipulate that the purchaser will repair the broken sidewalk and curbing and remove all trash, debris and weeds from the property within a period of thirty days from the date of the contract. SECTION II. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/ Peter J. Nemeth Member of the Common Council REGULAR MEETING OCTOBER 28, 1974 MEETING - RECONVENED (CONTINUED) public hearing was held on the resolution at this time. Mr. Rollin Farrand, Director of the epartment of Public Works, indicated that the Board of Public Works had advertised the lot for ale and no bids had been received. Again, it was advertised on a time basis and still no bids ere received. He stated that an offer of $600 had been made, and he requested that the Council dopt the resolution in order that the property could be sold without further delay. Mrs. Helen ope, 1408 West Linden Avenue, talked about the vacant lots and demolished buildings in the Model ities area. She wondered if this lot, too, would be demolished and sold at such a low cost. Mr. arrand indicated that the standard procedure had been followed and the property had not been urchased for a specific use. ouncilman Szymkowiak made a motion to adopt the resolution, seconded by Councilman Horvath. The esolution was adopted by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, arent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). RESOLUTION NO. 453 -74 A RESOLUTION STATING COUNCIL'S INTENT TO RECOGNIZE AN ORDINANCE REQUESTING APPRO- PRIATIONS FOR THE EXPANSION OF AIRPORT INDUSTRIAL PARK. WHEREAS, the City of South Bend and St. Joseph County are desirous of expanding the Airport Industrial Park; and WHEREAS, it is necessary to proceed with the construction of streets, utilities and sewers; that $404,000 in additional financing be obtained; and WHEREAS, the County, because of bonding authority limitations, is restricted from constructing streets, utilities and sewers within the corporate limits of this municipality; and WHEREAS, City officials, through negotiations with County officials, have agreed to provide these additional funds, subject to Common Council approval; and WHEREAS, the City Administration will present an appropriation ordinance to the Common Council for approval for the purpose of providing these additional funds. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend that it will entertain an appropriation ordinance from the City Administration requesting the appropriation of funds to the Phase IV expansion of the Airport Industrial Park. s/ Roger O. Parent Member of the Common Council A public hearing was held on the resolution at this time. Mr. James Roemer, City Attorney, explained that the city and county both desired to proceed with Phase IV of the Airport Industrial Park; however, the county was confronted with a major problem because its bonding authority limita- tions prohibit the construction of streets, utilities or sewers within the corporate limits of any municipality. He indicated that it was hoped the Industrial Development Foundation could contribut $100,000 toward the development and that the city could commit $404,000 for the project. He indicated that the resolution indicated a $400,000 figure, and he requested that the Council amend the resolution accordingly. He introduced Mr. Warren McGill who talked about the plans for the Phase IV expansion of the park. Councilman Miller wondered where the $404,000 would come from. Mr. Rollin Farrand, Director of the Department of Public Works, indicated that three basic sources of funding would be available: the Local Roads and Streets Fund, the Cumulative Capital Improvemen Fund and the Cumulative Sewer Building and Sinking Fund. He stated that this was somewhat of a long -term priority. Councilman Miller wondered when the $404,000 would be spent, and Mr. Roemer indicated that this would probably be needed in 1976, although he stated that that was merely a guess. Mr. McGill indicated that the grant has already been approved for matching funds from the federal government. He hoped that a portion of the amount being requested from the city could be available in 1975. Councilman Miller wondered about the stage of Phase III, and Mr. McGill indicated that the Airport Industrial Park was ahead of the projections for Phase III. Mr. Howard Bessire, Executive Director of the Industrial Foundation, Inc., talked about the widening of Bendix Drive and the widening of the bridge across the Toll Road in connection with the park expansion. - ouncilman Parent talked about the restrictions placed on the county in its bonding power. Mr. KcGill indicated that there were certain statutes that allowed certain uses for county bond funds. Councilman Newburn made a motion to amend the resolution to change the figure of $400,000 to $404,000, seconded by Councilman Taylor. The motion carried. Councilman Newburn then made a motion that the resolution be adopted, as amended, seconded by Councilman Taylor. The resolution was adopted by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak,,Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). INANCES, FIRST READING INANCE AN ORDINANCE TO AMEND SECTION 6 -6 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED. This ordinance had first reading. Councilman Taylor made a motion to set the ordinance for public hearing and second reading on November 12, 1974, seconded by Councilman Horvath. The motion carried. INANCE AN ORDINANCE TRANSFERRING $8,700.00 FROM ACCOUNT #630.0, "CURRENT OBLIGATIONS, RETIREMENT ", TO ACCOUNT #221.0, "SERVICES CONTRACTUAL, ELECTRIC CURRENT ", $8,000.00 AND TO ACCOUNT ##214.0, "SERVICES CONTRACTUAL, TELEPHONE AND TELEGRAPH ", $700.00. ALL TRANSFERS ARE BEING MADE WITHIN THE GENERAL PARK FUND. This ordinance had first reading. Councilman Taylor made a motion to set the ordinance for public REGULAR MEETING OCTOBER 28, 1974 u REGULAR MEETING - RECONVENED (CONTINUED) hearing and second reading on November 12, 1974, seconded by Councilman Kopczynski. The motion carried. ORDINANCE AN ORDINANCE AMENDING CHAPTER 40, SECTION 40 -14 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED (south- west corner of Ireland Road and Miami). This ordinance had first reading. Councilman Taylor made a motion to refer the ordinance, along with the petition, to the Area Plan Commission, seconded by Councilman Kopczynski. The motion carried. ORDINANCE AN ORDINANCE TRANSFERRING $1,000.00 FROM ACCOUNT 260.0, "OTHER CONTRACTUAL SERVICES ", TO ACCOUNT 721.0, "FURNITURE AND FIXTURES ", BOTH ACCOUNTS BEING WITHIN THE HUMAN RESOURCES BUDGET OF THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. This ordinance had first reading. Councilman Kopczynski made a motion to set the ordinance for public hearing and second reading on November 12, 1974, seconded by Councilman Taylor. The motion carried. ORDINANCE NO. 5763 -74 AN ORDINANCE APPROPRIATING $3,000.00 FROM THE PARKING GARAGE FUND TO ACCOUNT 260.0, "SERVICES CONTRACTUAL ", WITHIN THE PARKING GARAGE DEPARTMENT, CITY OF SOUTH BEND, INDIANA. This ordinance had first reading. Councilman Horvath made a motion to suspend the rules and take action on the ordinance, seconded by Councilman Taylor. The motion carried by a roll call vote of mine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). This ordinance then had second reading. Mr. Rollin Farrand, Director of the Department of Public Works, briefly indicated that the ordinance was necessitated because of the deterioration of the driveway ramp surface at the Jefferson Street Parking Garage. He stated that the transfer of $3,000 would permit approximately two- thirds of the ramp area to be repaired. Councilman Kopczynski made a motion to pass the ordinance, seconded by Councilman Taylor. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). NEW BUSINESS Councilman Taylor made a motion to appoint. Mr. Richmond Calvin to the A.C.T.I.O.N. Board, seconded by Councilman Kopczynski. The motion carried. RESOLUTION NO. 454 -74 A RESOLUTION REAFFIRMING THE COMMITMENT BY THE CITY OF SOUTH BEND, INDIANA, FOR THE CONSTRUCTION AND MAINTENANCE OF THE CENTURY CENTER COMPLEX. WHEREAS, the City of South Bend has determined that the Century Center Complex is vital and necessary for the cultural, educational and economic development of South Bend; and WHEREAS the City of South Bend has embarked upon the basis planning and architectural requirements for the Century Center Complex and has established a Civic Center Authority to operate and maintain such a facility; and WHEREAS, the Century Center Foundation and the City of South Bend have begun the collection and the raising of the necessary funds to begin and complete the Century Center Complex; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana: SECTION I. That the City of South Bend hereby reaffirms its commitment to the construction and operation of the Century Center Complex, and to the procurement of the necessary funds for such construction and` - operation. SECTION II. This Resolution shall be in full force and effect from and after its adoption by the Common Council and its approval by the Mayor. s/ Roger 0. Parent Member ot the Common Council Councilman Parent made a motion to suspend the rules in order to take action on the above resolution, seconded by Councilman Taylor. The motion carried by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). Mr. Rollin Farrand, Director of the Department of Public Works, indicated that the Economic Development Agency of the government had requested a resolution of this nature because the origina application had been lost by the EDA. He stated that no time limit had been set for compliance with the resolution. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, wondered if there was another resolution passed regarding this at some previous time. Mr. Farrand indicated that the original resolution previously passed was somewhat vague, according to the EDA. Councilman Parent made a motion to amend the resolution in the second paragraph to read the "Civic Center Authority" rather than the "Century Center Authority ", seconded by Councilman Taylor. The motion carried. Councilman Parent then made a motion to adopt the resolution, as amended, seconde by Councilman Serge. The resolution was adopted by a roll call vote of nine ayes (Councilmen Serg Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ®REGULAR ' MEETING OrTO_EER -= - ,: 127_ REGULAR MEETING RECONVENED (CONTINUED) There being no further business to come before the Council, unfinished or new, Councilman Taylor made a motion to adjourn, seconded by Councilman Kopczynski. The motion carried, and the meeting adjourned at 8:45 p.m. ATTEST: APP O ED. CITY CLERK PRESIDENT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + +•