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HomeMy WebLinkAbout03-24-75 Council Meeting Minutes+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ t�+++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++ REGULAR MEETING - MARCH 24, 1975 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, March 24, 1975, at 7:00 p.m., Council President Roger 0. Paren presiding. The meeting was called to order and the Pledge to the Flag was.given. ROLL CALL PiZESENT: Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent. ABSENT: None. Councilman Horvath made a motion to resolve into the Committee of the Whole, seconded by Councilman Taylor. The motion carried. COMMITTEE OF THE WHOLE MEETING Be it remembered that the Common Council of the City of South Bend met in the Ccmmittee of the Whole on Monday, March...'24, 1975, at 7:02 p.m., with nine members present. Chairman Odell Newburn presided. He explained the procedure pertaining to the public hearing portion and Council portion of the meeting. He asked that everyone speaking refrain from using personalities in their presen- tations. ORDINANCE AN ORDINANCE APPROPRIATING $132,000 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AC GENERAL REVENUE SHARING,. FOR VARIOUS HUMAN RESOURCE PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF HUMAN RESOURCES. This being the time heretofore set for public hearing on the above ordinance, proponents and �I opponents were given an opportunity Lo be heard. Mr. William Hojnacki, Director of the Department)J of Human Resources and Economic Development, wade the presentation for the ordinance. He explained$ that the funds would be used for the acquisition of property at 622 North Michigan Street for a centralized senior citizens' center which would be operated by REAL Services, Inc. He felt this REGULAR MEETING MARCH 24, 1975 OF THE WHOLE MEETING (CONTINUED) would be an excellent addition to the programs of REAL Services. He indicated that the Lincoln National Life Insurance Company had tentatively agreed to sell the property for the price listed i the ordinance, subject to Council approval. He introduced Mr. Lester Fox, Executive Director of REAL Services. Mr. Fox, residing at 443 South Illinois, urged adoption of the ordinance. He felt that, with an adequate facility, better utilization of the limited resources available could be made. He wanted the maximum use of the available funds to be met. He felt there was a need to eliminate the directing of older adults from one facility to another within the community in an effort to utilize the facilities. He stated that the older adult community was substantial, and the program would reflect the community's commitment. Mr. Ray Braden, Director of Building Management for the Odd Fellows Building, residing at 1205 Foster Street, submitted a letter to the City Clerk concerning the desire of the Odd Fellows Building to house the central facility for the older adults. He read the letter into the record, as follows: City Council City of South Bend County -City Building South Bend, Indiana 46601 Re: R.E.A.L. Services Central Service Facility Gentlemen: March 24, 1975 On several occasions I have attempted to learn the requirements of R.E.A.L. Services in locating their Central Facility. The Odd Fellows Building is very centrally located, and we believe that we can be very competitive in terms of supplying space requirements for R.E.A.L. Services. To date we have been denied the opportunity to bid. The purpose of this letter is to request that the Council continue this matter until such time as we have an opportunity to determine the exact requirements of R.E.A.L. Services and submit a bid for housing the R.E.A.L. Services Central Center. Yours very truly, s/ Richard D. Doyle Mrs. Lee Swan, 2022 S. Swygart, expressed concern about the congested location of the proposed facility. She wondered if there were any off - street parking facilities available. Mr. Fox indicated that immediately back of the facility there were 18 available parking spaces. He felt there would be ample parking for the staff and older adults utilizing the facility. Mr. Jesse Dickinson, 227 Rue Bossuet, felt the need for the facility had been established. He stated that the senior citizens would greatly benefit from the program. He felt there would be no valid objection to the program. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, expressed concern with the on -going commitment that the city would be getting into. He wondered about the long -term commitment of the city regarding future funding, etc. Mr. Hojnacki stated that the city did not anticipate any financial commitment on its part in terms of the property. REAL Services would be liable for the property. In the future, if the program ceased to exist, th building would be sold and the city could recoupe its investment or the building would be utilized for other types of programs. Mrs. Mary Coleman, 4406 Western Avenue, Apartment A2, felt the Odd Fellows Building was more.centrally located than the Lincoln National Life Insurance Company. She wondered who REAL Services was really representing. Mr. Fox indicated that REAL Services was representing the needs of the older adults in the community. Regarding the Odd Fellows Building, he indicated that the committee had selected the proposed facility on Michigan Street. He stated that the Odd Fellows organization was interested in only leasing the property and not selling it. He stated that his staff did not work in- house, and parking would have to be made available and this was adequately provided for at the proposed location. Mrs. Irene Mutzl, a member of the Fair Tax Association, residing at 320 Parkovash, wondered how large a staff and what agencies would be housed in the facility. Mr. Fox indicated that REAL Services was one agency. Information and counseling, the foster grandparent program, the nutrition program, the retired volunteer program, the CETA program for adults, specific employment services, transportation system and area agency administration would be housed. There were 97 staff people working on a part -time basis, of which 55 persons work at the Northern Indiana Children's Hospital and the Essex Nursing Home. Between 35 and 40 persons would be housed and were paid staff members. He stated that some of the adults were considered volunteers and were paid a stipend for their services. Councilman Nemeth wondered if the activities for the senior citizens would be included on the firs floor. Mr. Fox indicated that they would be, and the second floor would be used for the administr tion of the program. Councilman Nemeth wondered about parking slots being available from the Housing Allowance Office. Mr. Fox estimated that the Housing Allowance Office had parking for a total of 60 vehicles. He indicated that some of these spaces would be available and would accommodate their needs. Councilman Serge indicated that all the sites were recommended highly by the committee and much time had gone into the selection of the proposed facility. He stated that the proposed facility met with the approval of everyone on the committee. He indicated that had arranged to have the Building Department inspect the building, and he urged that the ordinance be recommended favorably to the Council. Council President Parent indicated that he had been working on the program for almost a year. He stated that`the government was putting out a certain amount of money for the program, but REAL Services had been and would continue to generate much money into the community and more time could be spent on increasing the productivity for the older adults. He thanked Mr. Fox for bringing the need to the attention of the Council and he, too, urged adoption of the ordinance. Councilman Szymkowiak felt the operating expense for the propose facility would be less than in the other buildings and this had been one of the deciding factors i his mind. He hoped the Lincoln National Life Insurance Company would consider reducing the purcha price in an effort to help the senior citizens in the community. Councilman Taylor made a motion that the ordinance be recommended favorably to the Common Council, seconded by Councilman Serge. The motion carried. REGULAR MEETING MARCH 24, 1975 COMMITTEE OF THE WHOLE MEETING (CONTINUED) ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, AND GATES CHEVROLET CORPORATION OF SOUTH BEND, INDIANA, FOR THE PURCHASE OF CERTAIN MOTOR VEHICLES IN THE TOTAL AMOUNT OF $8,725.00. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Paul Krueper, Manager of the Bureau of Water, made the presentation for the ordinance. He stated that, in the 1975 budget, three cars and one truck had been requested; however, at this time, he was only asking for replacement of the three cars which were a 1968 Ford, a 1971 Plymouth and a 1973 Chevrolet. Councilman Kopczynski wondered about the mileage on the 1968 Ford, and Mr. Krueper indicated that the automobile had 53,131 miles on it. Councilman Kopczynski felt this car should have one more year of service left) He felt this particular car should be cut from the purchase. Council President Parent wondered if the three cars were approved in the 1975 budget, and Mr. Krueper indicated that this had been approved in the budget when it was adopted. Councilman Miller wondered about the total cars in the Water Works Department under Mr. Krueper's jurisdiction. Mr. Krueper stated that there were 42 vehicles. Councilman Miller stated that the vehicles were generally used by foremen or super- intendents to go from one pumping station to another. Mr. Krueper indicated that this was correct The three cars were being used as a mobile route truck, a mobile unit car and the car used by the retired foreman of the new construction crew. Councilman Miller wondered how many units were assigned to the administrative staff, and Mr. Krueper answered that the administrative staff utilized four automobiles. He drove one of the cars, the auditor drove another, and the remaining two cars were assigned to the 'meter foreman and shut -off man. Councilman Miller wondered what the auditor used the car for, and Mr. Krueper indicated that the car was utilized for doing business from the Water Works Department to the County -City Building, and the car was used by others as well. Councilman Miller mentioned the possibility of the utilities making certain payments to some cities in the state. He stated that a half million dollars had been lost by the city since the budget was adopted. He indicated that the economic conditions have changed with inflation. He wondered about Mr. Krueper's choice of totally eliminating one car. Mr. Krueper mentioned the start of the program on repairing the stop boxes and the need for the three vehicles. He also mentioned the meters which the department was not able to read in the past. Councilman Nemeth wondered if the three cars could be cut. He talked about the utility rates and he felt the city should anticipate the future. He indicated that the taxpayers were having to make their old cars do for another year because of theeeonomic conditions. Mr. Krueper talked about the depreciation of the cars and the possible breakdown of the present vehicles. He indicated that any cars over a mileage of 65,000 would have to be replaced. Councilman Nemeth wondered about the repair bill for each automobile during the past year, and Mr. Krueper indicated that he did not have that information. Councilman Nemeth wondered if that information should not be taken into consideratio He asked that Mr. Krueper not purchase the three automobiles at this time unless there was a break down, at which time he could request a replacement from the Council. Councilman Horvath wondered if any of the automobiles requested last year were cut from the budget. Mr. Krueper stated that he had requested five cars and the Council had cut this to four. Councilman Horvath felt two cars would be sufficient for purchase at this time. He, too, talked about inflation and the anticipate costs to the city in the future. Mr. Krueper felt if the cars were not purchased, the city would have to pay for maintenance costs. Councilman Szymkowiak wondered about the cost of a pickup truc compared to an automobile. He stated that they cost somewhat less and perhaps should be utilized rather than the cars. He wondered about the mileage being driven a week by Mr. Krueper. Mr. Krueper indicated that he averaged between 75 and 100 miles a week. Councilman Szymkowiak felt money would be saved if the employees utilized their own cars and were paid mileage. He stated that a person would maintain the cars better if they were his own. Councilman Taylor indicated that he would support a motion to eliminate the three cars and hope the department could get one more year's service out of the present vehicles. Councilman Nemeth indicated that he would second such a motion. Councilman Serge talked about replacement of the vehicles, and he stated that these cars were budgeted for in the 1975 budget. Mr. Krueper indicated that, even if the city replaced only 10% of the vehicles each year, that would only be four vehicles. Councilman Kopczynski indicated that, regarding the 1968 Ford, according to his computations, 7,500 miles a year were put on the vehicle. He indicated that the cars were not garaged at the Water Works. He stated that the cars were being driven home by the employees. Mr. Krueper indicated that not all the cars were being driven home. Councilman Kopczynski stated that 7,000 miles a year were being put on the cars by employees driving to and from work. He felt this mileage far exceeded the mileage put on the cars for working purposes. He felt it was time that the Council be given a policy on the use of the cars in the Water Works Department. He, too, wondered about the possi- bility of giving the employees mileage on their own personal cars rather than use of the city's automobiles. He urged that the Council check into the matter. He felt this would produce a savings to the city, and it was only fair that the administration put into writing the policy governing the use of the cars by employees under the jurisdiction of the Water Works. He requeste' that Mr. Krueper provide this information. Mr. Krueper indicated that he was following the established policy concerning vehicles which the Council made three years ago. He stated that the three cars were not "pleasure cars in any way ". Councilman Kopczynski indicated that the city government if run with cooperation on both sides could run smoothly, and the Council might have to dictate when necessary. He felt the city should restrain its spending. Council President Parent felt a certain number of cars have to be replaced periodically; however, at this time, he would support a motion to strike the ordinance. Council President Parent made a motion to strike the ordinance from the files, seconded by Councilman Nemeth. Councilman Serge stated that, by striking the ordinance, $8,725 would be save( He wondered where the money would be placed. Mr. Krueper indicated that this money would be taker from the Depreciation Fund and only 10% would be saved each year on a 10 -year basis according to the rules and regulations of the Public Service Commission. Councilman Kopczynski felt the Counc: was saying that some real thought should be given to reducing the city's car fleet. There was a call for the question. The motion carried. ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, AND (1) INLAND CHEMICAL (continued) �i 00111 141ROW of We ski I • COMMITTEE OF THE WHOLE MEETING (CONTINUED) ORDINANCE (CONTINUED) COMPANY, FORT WAYNE, INDIANA; AND (2) WATCON, INCORPORATED, SOUTH BEND, INDIANA, FOR THE PURCHASE OF CHEMICALS FOR USE FROM APRIL 1, 1975, TO APRIL 1, 1976, IN THE AMOUNT OF $35,207.00. This being the time heretofore set for public hearing on the above ordinance, proponents and opponen..s were given an opportunity to be heard. Mr. Paul Krueper, Manager of the Bureau of Water made the presentation for the ordinance. He indicated that the ordinance would provide for the addition of flouride and polyphosphates to the water. He requested that the ordinance be amended so that the polyphosphates in liquid form could be increased to 12 tons rather than 6 tons at a price of $7,464, with an amended total to read $38,939. He indicated that this change was necessary because the polyphosphates should have been bid in solid form. Because they were bid in liquid form, twice the amount was needed. Councilman Nemeth made a motion to so amend the ordinance, seconded by Councilman Horvath. Councilman Miller wondered about increasing the amount of the ordinance. He indicated that the Council only had the power to reduce appropriation requests. He wondered if the change in the ordinance would have had some impact on the bids received. He asked for an opinion from the City Attorney regarding the proposed amendment to increase the amount. Mr. James Roemer, City Attorney, indicated that, since the appropriation was approved by the Common Council in an amount of money equal to the 12 tons, he felt the amendment would be reasonable. Councilman Miller wondered about a change in the quantity and the possible invalidity of the bids received for only six tons, with the amount now being amended to 12 tons. Mr. Roemer indicated that, when no responsive bids are received, the city would be within the requirements and could negotiate. He felt there was no problem in either area. He felt the contract could be awarded for the 12 tons of the chemical. Councilman Miller wondered if the bids were awarded by the Water Works board at 12 tons, and Mr. Roemer indicated that this situation was apparently not caught until just recently. The Water Works Board had approved a six -ton amount because the quantity amount was not clearly understood. Councilman Horvath wondered if the amended amount of $38,939 would be within the chemical budget, and Mr. Krueper indicated that it would be somewhat over the budgeted amount. Councilman Horvath felt the increase could not be legally made if that was the case. Councilman Miller wondered how long the 12 tons would last, and Mr. Krueper indicated that 12 tons would last for a six -month period. Councilman Kopczynski suggested that, rather than jeopardize the ordinance, the Council should pass the ordinance as filed and another ordinance could then be prepared for the additional chemicals. Councilman Horvath agreed with Councilman Kopczynski's suggestion. Councilman Kopczynski indicated that these chemicals would be used in an effort to try and stop the rust problem the city was experiencing. Councilman Serge indicated that he favored the addition of the chemicals if they would help solve the rusty water problem in the northwest part of the city. Councilman Nemeth indicated that he would withdraw his motion to amend the ordinance, and Councilman Horvath withdrei his second to that motion. Councilman Kopczynski then made a motion that the ordinance be recommended favorably to the Common Council, seconded by Councilman Serge. The motion carried. At this point, Mr. Gene Evans, Executive Secretary of the Civic Planning Association, asked if the public was going to be given an opportunity to speak on the issue. Chairman Newburn indicated that he would stand corrected and that he would open the public hearing on the ordinance at this time. Mrs. Lee Swan, 2022 S. Swygart, wondered if the phosphates being purchased were the same as in the soap which was banned in Indiana. Mr. George A. Resnik, Chemical Engineer for Watcon, Incorporated, explained that the phosphates used in soap were not the same as what was being purchased, although they were from the same family of material. Mr. Phil Magaldi, 1122 E. South Street, wondered if the sodium poly- phosphates would entice the growth of algae. He expressed support of the program if the rust problem could be resolved. Mr. Resnik indicated that phosphates are accepted by all agricultural matter. Phosphates would only contribute to the growth of algae where they would be deficient. He indicated that these materials are approved by the State Board of Health, the U.S. Government and the Food and Drug Administration. Mr. Magaldi wondered if the city could legally use these materials in the water, and Mr. Resnik indicated that the city would have to apply to the Board of Health in order to utilize the materials in the water supply. Mr. Magaldi asked if allowing phosphates in the water would help the problem, specifically the phosphates in soap. Mr. Resnik indicated that he would have to say the phosphates would help; however, he stated that he was reluctant to say this because the point of application was so critically important. Mr. Magaldi wondered if an application had been made by the city to the Board of Health, and Mr. Krueper indicated that the application has not been made but would be if the ordinance was approved by the Council. He stated that he wanted to see what would happen on the Council floor before he sub- mitted an application. Council President Parent wondered how the application would affect the rust problem. Mr. Resnik indicated that he could spend the rest of the evening going into the problem. He stated that he would summarize. The city was concerned about the iron present in the water supply. The materials to be purchased would act to compress the iron. A corrosive - resistant film would also be formed on the pipes with the addition of the chemicals. Councilman Szymkowiak wondered if acid would remove rust in the pipes, and Mr. Resnik indicated that it would. Councilman Szymkowiak indicated that vinegar would reduce the rust in the pipes, and Mr. Resnik indicated that the use of vinegar would provide a sour taste and would also dissolve the pipes. He stated that the water supply in South Bend comes from wells and the mineral matter is dissolved Pure water, in terms of drinking water, was rare. Councilman Szymkowiak talked about natural flouride and the man -made flouride. Mr. Resnik indicated that the flouride that Councilman Szymkowiak referred to as man -made was refined but could not be defined as man -made. Councilman Szymkowiak wondered if too many chemicals were being put into the water. Mr. Resnik indicated that chemicals were being used for testing purposes in an effort to solve the rusty water problem. Councilman Kopczynski stated that the purpose of the chemical was to prevent rust in the watermain! and not the sewers. At this time, Chairman Newburn recognized the adult evening class from the Central High School who were in attendance at the meeting. ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, AND BADGER METER, INCORPORATED, (continued) REGULAR MEETING MARCH 24, 1975 COMMITTEE OF THE WHOLE MEETING (CONTINUED) ORDINANCE (CONTINUED) OF MILWAUKEE, WISCONSIN, FOR THE PURCHASE OF CERTAIN WATER METERS IN THE TOTAL AMOUNT OF $156,976.80. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Paul Krueper, Manager of the Bureau of Water made the presentation for the ordinance. He explained that the ordinance was an annual contract for the purchase of water meters, as needed. He indicated that the figures were merely estimates and were subject to change. He stated that $100,000 was the total amount he was allowed, and he would not exceed that amount. Council President Parent wondered why the ordinance contained the $156,976.80 figure if only $100,000 was allowed. Mr. Krueper explained that the bids were some- what higher than what was needed. He indicated that he might have to shift from one group of meters to another. Councilman Nemeth stated that, if all the items were purchased, the amount would be $156,976.80; however, not everything would be purchased, and Mr. Krueper indicated that he was correct. Councilman Miller wondered about the inventory of meters, and Mr. Krueper stated that his inventory was probably less than 1,000 in the small meters. Councilman Serge wondered how many meters were being installed in the project undertaken by the department. Mr. Krueper indicated that 42% have been installed, and with the purchase of the meters listed in the proposed ordinance, the city would be at 50% of the project., He explained the procedure for installation of the meters and the effort to contact the 3,000 persons which were referred to as "must reads ". A gentleman in the audience indicated that he wished to speak, and Chairman Newburn indicated that there had not been any indication previously that anyone in the audience wished to speak on the matter. He stated that he would, however, allow the gentleman to speak if the Council agreed. Council President Parent made a motion to allow the gentleman to speak, seconded by Councilman Nemeth. The motion carried. Mr. Walter Willis, Jr., 1119 West Colfax Avenue, indicated that he had been told by the Water Department that the wires were cut on his meter, and he stated that he would not do such a thing. He hoped the problem would be resolved, and he felt he had been abused in the accusation made by the Water Works Department. Councilman Miller made a motion that the ordinance be recommended favorably to the Common Council,] seconded by Council President Parent. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING THE SUM OF $35,900.00 FROM THE GENERAL PARK FUND TO ACCOUNT #260.0, OTHER CONTRACTUAL SERVICES. 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 City of South Bend had received a $40,000 grant from the American Revolution Bicentennial Commission towards the development of the Bicentennial Park, and it was necessary to approve the balance in the amount of $35,900 in order to alleviate making an emergency appropriation for every partial payment required by the contractors. A reimbursement payment in the amount of $35,900 would be received from the commission during the construction of the park. He indicated that there had been some confusion with the Bicentennial Commission, but he felt this would be cleared up. Councilman Nemeth wondered if the money had been deposited in the city's treasury, and Mr. Seitz indicated that it was in the state treasury. When a bill was received from the contractor, which was Hickey Construction Company, the city would pay half and the commission would send the city a lik amount. Councilman Nemeth wondered what would be accomplished at the park, and Mr. Seitz stated that gabions would be installed under the Colfax Bridge, and there would be a great deal of land- scaping done. Councilman Nemeth indicated that the landscaping was much better, in his opinion, than the original plans for the amphitheatre. Councilman Serge made a motion that the ordinance be recommended favorably to the Common Council, seconded by Councilman Miller. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $100,000 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC WORKS PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC WORKS. 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 the ordinance con- tained basically two expenditures: the amount of $52,800 would be for purchase of motor equip - ment and the remaining amount would be for purchase of materials for the Bureau of Streets. The motor equipment was for the purchase of two street sweepers. He indicated that a varied sweeping schedule was utilized and the addition of the sweepers would greatly increase the street sweeping project. He stated that the amount for materials was not the full amount and would only start the program. Mr. James Russell, Voice of the Peace Newsletter, wondered how many sweepers the city had and the areas which were covered. Mr. Farrand indicated that the city had five sweepers and would even- tually cover all the areas of the city. The machines were not used in the winter, however, becau the water used in the street sweeping process froze, thereby making it an impossible task. Mr. Walter Willis, Jr., 1119 West Colfax Avenue, wondered about the price of the machines, and Mr. Farrand stated that the two machines would cost $52,800. Mr. Willis suggested that the purchase of the machines be held up for a year and additional men be employed to do the job in an effort to help the unemployment problem. Councilman Kopczynski wondered if the diesel sweepers were of the same model already purchased by the city, and Mr. Farrand indicated that they were. Councilm Kopczynski wondered if the gross vehicle weight would be the same as the other machines already purchased, and Mr. Farrand stated that he was under the impression that the equipment was the sam as what the city presently had. Councilman Kopczynski wondered if any optional equipment was to be purchased to prevent the bigger pieces being thrown up onto the sidewalk. He felt such an attachment would be a worthwhile piece of equipment to purchase. Mr. Farrand indicated that he was not aware of any such equipment but he felt some modification could be made to allow for a REGULAR MEETING MARCH 24, 1975 COMMITTEE OF THE WHOLE MEETING (CONTINUED) (shield. Councilman Miller stated that the two machines purchased last were purchased from the Sanitation budget. He wondered if this could be done again. Mr. Farrand indicated that he would be reluctant to recommend this before the third stage was initiated at the treatment plant. Councilman Miller indicated that 107 miles would be made with each machine on a 24 -curb mile per day. He felt the city should be able to cover every curb in the city in a week. He wondered if two additional employees would be hired through CETA to run the machines. Mr. Farrand indicated that this was not covered in the material he had received from Mr. Decker. He indicated that there were problems with shifts and sweeping could not be accomplished 24 hours a day. Council President Parent wondered if two sweepers would work in tandems, and Mr. Farrand indicated that they would work in tandems on the wider streets in order to cover the streets. Council President Parent wondered which areas were swept more often than others. Mr. Farrand indicated that the heavy arterials were swept almost daily, if possible. The collector streets were swept once a week. Council President Parent asked that Mr. Decker furnish this information to the Council. Mr. Farrand indicated that this was the major criteria for purchase of the equipment. Councilman Taylor favored a better job of sweeping in the residential areas; however, he had no specific complaints at this time. With the addition of the new machinery, Mr. Farrand's letter indicated that the city would try to sweep the residential areas once a month. He was hopeful that this could be accomplished. Councilman Szymkowiak talked about the parking of cars on the streets on the even and odd - numbered days. He indicated that parking presented a problem for the street sweeping program. He stated that the city does sweep state highways but was reimbursed from the state for doing this. Councilman Taylor made a motion that the ordinance be recommended favorably to the Common Council, seconded by Councilman Horvath. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING THE SUM OF $20,686.00 FROM THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, TO THE FOLLOWING ACCOUNTS: ACCOUNT NO. 261.0, "PROMOTIONAL EXPENSE" - $18,700.00; 520.0, "RENTS" - $1,136.00; AND 725.0, "OFFICE EQUIPMENT" - $850.00, ALL ACCOUNTS WITHIN THE CIVIC CENTER BUDGET, PROGRAM F.A. 45, TO BE ADMINISTERED BY THE CIVIC CENTER AUTHORITY. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. John Everitt, Executive Director of the Century Center, residing at 1447 Wildflower Way, made the presentation for the ordinance. He stated that, with the fund raising activities, this job must be put on his shoulders, and he neede( funds to accomplish the task. He explained that the promotional expenses would cover graphic design, audio - visual materials, supplies, meetings and seminars, public relation consulting services, if needed, and promotion and advertising. He indicated that $3.6 million had been raise( thus far. The amount for rent was needed because originally the landlord was very civic - minded, and the new owners had recently raised the rent. He indicated that the rent would also cover the mailing machine and Xerox copier. The total operating budget for the Century Center would be $77,719 for 1975. The equipment would allow purchase of an IBM typewriter. Councilman Szymkowiak wondered if Mr. Everitt's office could be put into the new facility for REAL Services on Michigan Street. Mr. Everitt indicated that any effort to reduce rent would be appreciated. Councilman Miller read a report from the Committee on Human Resources, which report indicated that the committee asked for a favorable recommendation from the Committee of the Whole. He indicated that the community was about a half million dollars short of its goal; however, it was felt the legal problems to complete the building could be accomplished. He indicated that the Council woul( have to approve about four more ordinances in order to launch the development of the Century Centel The state legislation passed would enable the city to establish a Century Center Building Authorit] and he stated that a resolution to do this would be filed soon for adoption. He indicated that the application for the bonds would take about four months and some land development could be accom- plished within the next 30 to 60 days. He indicated that the Century Center was being developed with only about 50% city funds and required no increase in the tax rate. It was practically required that the city provide some monies to match the federal monies used in the downtown Urban Renewal and LaSalle Urban Renewal projects. He stated that, if the Century Center was not built, money would have to be given back to the federal government. Councilman Kopczynski 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, Councilman Taylor made a motion to rise and report to the Council and recess, seconded by Councilman Nemeth. The motion carried. Recessed at 9:20 p.m. ATTEST: CITY CLERK REGULAR MEETING - RECONVENED ri .0" .� Be it remembered that the regular meeting of the Common Council of the City of South Bend, Indiana reconvened in the Council Chambers at 9:35 p.m., Council President Parent presiding and nine members present. REPORT FROM THE SUB - COMMITTEE ON MINUTES To the Common Council of the City of South Bend: Your sub - committee on the inspection and supervision of the minutes would respect- fully report that it has inspected the minutes of the March 10, 1975, regular meeting REGULAR MEETING MARCH 24 1975 (REGULAR MEETING - RECONVENED (CONTINUED) REPORT FROM THE SUB - COMMITTEE ON MINUTES (CONTINUED) of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. s/ Roger 0. Parent Councilman Serge made a motion that the report be accepted as read and placed on file and the minutes be approved, seconded by Councilman Taylor. The motion carried. REPORT FROM THE COMMITTEE OF THE WHOLE Councilman Kopczynski made a motion to waive the reading of the report of the Committee of the Whole, seconded by Councilman Taylor. The motion carried by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent). (REPORTS FROM AREA PLAN COMMISSION March 19, 1975 The Honorable Common Council City of South Bend County -City Building South Bend, Indiana 46601 In Re: A proposed ordinance and site development plan of Whitmore Corporation to zone from "A" Residential, "A" Height and Area, to "B" Residential, "A" Height and Area, property located on the south side of the 3500 and 3600 blocks of East Jefferson Boulevard, on the east and west side of 35th Street, City of South Benda Gentlemen: The attached rezoning petition of Whitmore Corporation was legally advertised March 8 and March 15, 1975. The Area Plan Commission gave it a public hearing March 18, 1975,,at which time the following action was taken: "Upon a motion by Joseph Simeri being seconded by Joseph Serge and carried unanimously, the petition of Whitmore Corporation to zone from "A" Residential, "A" Height and Area, to "B Residential, "A" Height and Area, property located on the south side of the 3500 and 3600 blocks of East Jefferson Boulevard, on the east and west side of 35th Street, City of South Bend, is returned to the Common Council with a favorable recommendation, subject to a final site plan, by the Area Plan Commission." The above recommendation is made subject to a final site plan and the preliminary site plan is attached hereto. .The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing and will be forwarded to you at a later date to be made a part of this report. Attached for your consideration in the review of this matter is the Area Plan Commission staff report. RSJ /cm cc: James Groves, Attorney Whitmore Corporation Very truly yours, s/ Richard S. Johnson Executive Director Councilman Kopczynski made a motion to set the ordinance referred to in the report for public hearing and second reading on April 7, 1975, seconded by Councilman Taylor. The motion carried. The Honorable Common Council City of South Bend County -City Building South Bend, Indiana 46601 March 19, 1975 In Re: A proposed ordinance and site development plan of Constance Ann Shelton to zone from "A" Residential, "A" Height and Area, to "B" Residential, "A" Height and Area, property located at 407 East Howard Street, City of South Bend. Gentlemen: The attached rezoning petition of Constance Ann Shelton was legally advertised March 8 and March 15, 1975. The Area Plan Commission gave it a public hearing March 18, 1975, at which time the following action was taken: "Upon a motion by John Peddycord being seconded by Robert Lehman and carried with Rollin Farrand and Garrett Mullins voting "No ", the petition of Constance Ann Shelton to zone from "A" Residential, "A" Height and Area, to "B" Residential, "A" Height and Area, property located at 407 East Howard Street, City of South Bend, is returned to the Common Council with an unfavorable recommendation by the Area Plan Commission since the rezoning of this single parcel to "B" Residential would constitute spot zoning within an "A" Residential District." REGULAR MEETING - RECONVENED (CONTINUED) REPORTS FROM AREA PLAN COMMISSION (CONTINUED) The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing and will be forwarded to you at a later date to be made a part of this report. Attached for your consideration in the review of this matter is the Area Plan Commission staff report. RSJ /cm cc: Constance Shelton Clark Arrington Very truly yours, s/ Richard S. Johnson Executive Director Councilman Kopczynski made a motion to set the ordinance referred to in the report for public hearing and second reading on May 12, 1975, seconded by Councilman Taylor. The motion carried. The Honorable Common Council City of South Bend County -City Building South Bend, Indiana 46601 In Re: A proposed ordinance initiated by Walter Heavy Industrial, "F" Height and Area, to and Area, property located between Dunham Indiana and Illinois Railroad tracks, and Street, City of South Bend. Gentlemen: March 19, 1975 T. Kopczynski to zone from "E" "D" Light Industrial, "F" Height Street and the New Jersey, one -half block east of Olive The attached rezoning petition of Walter T. Kopczynski was legally advertised March 8 and March 15, 1975. The Area Plan Commission gave it a public hearing March 18, 1975, at which time the following action was taken: "Upon a motion by Dan Chrzan being seconded by Joseph Serge and carried unanimously, the proposed ordinance initiated by Walter T. Kopczynski to zone from "E" Heavy Industrial, "F" Height and Area, to "D" Light Industrial, "F" Height and Area, property located between Dunham Street and the New Jersey, Indiana and Illinois Railroad tracks, and one -half block east of Olive Street, City of South Bend, is returned to the Common Council with a favorable recommendation by the Area Plan Commission." The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing and will be forwarded to you at a later date to be made a part of this report. Attached for your consideration in the review of this matter is the Area Plan Commission staff report. RSJ /cm cc: Walter T. Kopczynski Very truly yours, s/ Richard S. Johnson Executive Director Councilman Kopczynski made a motion to set the ordinance referred to in the report for public he and second reading on April 7, 1975, seconded by Councilman Taylor. The motion carried. The Honorable Common Council City of South Bend County -City Building South Bend, Indiana 46601 March 19, 1975 In Re: A proposed ordinance and site development plan of First Community Development Corporation to zone from "A" Residential, "A" Height and Area, to "B" Residential, "A" Height and Area, property located on the northeast corner of Fillmore Road (Linden Avenue) and Clemens Street, City of South Bend. Gentlemen: The attached rezoning petition of First Community Development Corporation was legally advertised March 8 and March 15, 1975. The Area Plan Commission gave it a public hearing March 18, 1975, at which time the following action was taken: "Upon a motion by John Peddycord being seconded by Thomas Allen and carried with Rollin Farrand voting "No ", the petition of First Community Development Corporation to zone from "A" Residential, "A" Height and Area, to "B" Residential, "A" Height and Area, property located on the northeast corner of Fillmore Road (Linden Avenue) and Clemens Street, City of South Bend, is returned to the Common Council with a favorable recommendation by the Area Plan Commission REGULAR MEETING MARCH 24, 1975 REGULAR MEETING - RECONVENED (CONTINUED) REPORTS FROM AREA PLAN COMMISSION (CONTINUED) with the recommendation that Harbor project as a public street, that it at Bellewood Street or be off -set a Bellewood Street, and the northwest additional access onto Clemens Stre plan." Drive be continued through the intersect with Linden Avenue minimum of 125 feet from corner of the project have an at, and subject to a final site The above recommendation is made subject to a final site plan and the preliminary site plan is attached hereto. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing and will be for - warded to you at a later date to be made a part of this report. Attached for your consideration in the review of this matter is the Area Plan Commission staff report. RSJ /cm cc: T. Brooks Brademas Very truly yours, s/ Richard S. Johnson Executive Director Councilman Kopczynski made a motion to set the ordinance referred to in the report for public hearing and second reading on April 21, 1975, seconded by Councilman Taylor. The motion carried. The Honorable Common Council City of South Bend County -City Building South Bend, Indiana 46601 March 19, 1975 In Re: Proposed amendment to the Zoning Ordinance initiated by Councilman Roger Parent redefining types of dwelling units allowed in "A" Residential Districts. Gentlemen: The attached amendment to the Zoning Ordinance initiated by Councilman Roger Parent was legally advertised March 8 and March 15, 1975. The Area Plan Commission gave it a public hearing March 18, 1975. The recommendation of the Area Plan Commission and a specific report on the proposed amendment will be forthcoming. Very truly yours, s/ Richard S. Johnson RSJ:lari Executive Director cc: Robert Konopa, Attorney Andrew Plodowski, Attorney Russell Sanford, Attorney Roger Parent Walter Szymkowiak Councilman Kopczynski made a motion to set the ordinance referred to in the report for public hearing and second reading on April 7, 1975, seconded by Councilman Taylor. The motion carried. The Honorable Common Council City of South Bend County -City Building South Bend, Indiana 46601 March 19, 1975 In Re: Proposed amendment to the Zoning Ordinance initiated by Councilman Walter Szymkowiak redefining types of dwelling units allowed in "A" Residential Districts. Gentlemen: The attached amendment to the Zoning Ordinance initiated by Councilman Walter' Szymkowiak was legally advertised March 8 and March 15, 1975. The Area Plan Commission gave it a public hearing March 18, 1975. The recommendation of the Area Plan Commission and a. specific report on,the proposed amendment will be forthcoming. Very truly yours, s/ Richard S. Johnson RSJ•• lari Executive Director cc: Robert Konopa, Attorney Andrew Plodowski, Attorney Russell Sanford, Attorney Roger Parent Walter Szymkowiak Councilman Kopczynski made a motion to set the ordinance referred to in the report for public hearing and second reading on April 7, 1975, seconded by Councilman Taylor. The motion carried. REGULAR MEETING MARCH 24, 1975 REGULAR MEETING - RECONVENED (CONTINUED) REPORT FROM THE DIRECTOR OF THE DEPARTMENT OF HUMAN RESOURCES AND ECONOMIC DEVELOPMENT Mr. William Hojnacki, Director of the Department of Human Resources and Economic Development, introduced Ms. Janice Patton, Director of the South Bend Human Rights Commission. She submitted the 1974 annual report of the commission, and indicated that copies of the report were previously mailed to the Council members. She stated that the commission had handled 127 cases in 1974 of which 33 were carried over into 1975. As of March, 1975, 23 formal complaints had been filed and 17 were considered back - logged cases. Part of the annual report contained statistics such as: the South Bend Human Rights Commission handled the fifth largest number of formal complaints in Indiana. Ms. Patton compared the complaints handled by the South Bend Human Rights Commission and other cities with budgets considerably greater. As an addendum to the report, Ms. Patton indicated that the commission was working on a set of priorities that the commission viewed as th responsibilities outlined in the ordinance. The commission also was working towards several recommendations concerning police relations in the community. A set of working guidelines was also established to interpret the laws relating to discriminatory matters. Regarding the concili tory aspects, the commission had found probable cause to either reinstate employees or allow them a reimbursement for wages lost, etc. She invited the Council members to attend the commission meetings held on the second Wednesday of each month. Councilman Kopczynski also invited Ms. Patt to attend the Council meetings. He wondered who was paying for the ads which had been appearing on television. Ms. Patton indicated that any ads for the South Bend Human Rights Commission were public- service times courtesy of the television stations. Councilman Miller indicated that he ha read the annual report of the commission completely. He stated that, when the number of complain was considered, it was close to the number of issues the councilmen were also involved in; likewis the amount of the telephone calls. He felt the Human Rights Commission performed a certain and definite function within the city. In the Community Development program, there was a position for an EEO officer. He indicated that he had not read the total regulations under the Community Development Act, but he assumed that the city could fund certain functions that would fall into t position. Mr. Hojnacki indicated that ineligible activity was operation and maintenance. He stated that "soft costs" could be funded if they were directly related to the "hard cost program" He indicated that the EEO officer was the same position the city has had for a number of years. This position dealt with contract compliance only and did not deal in the general area of public law and discrimination. Councilman Miller wondered if there would be a possibility for the staff of the Human Rights Commission to handle the EEO component, and the city could then pick up one o two of the staff members under the Community Development program. Mr. Hojnacki felt that could not be funded under EEO, in his opinion. He indicated that the question of discrimination in the open housing market was being dealt with. The only relationship with the programs would be the word "housing ". He stated that the more reasonable approach to the problem would be to pick up the EEO officer under the Human Rights Commission. He agreed, however, that the position should be tied to the Human Rights Commission or even perhaps the Legal Department as it involved the legality of contracts. Councilman Miller stated that, if the city was faced with a severe "budge crunch ", an employee might be saved if this route was taken. He asked that the possibility be explored before the next Council meeting. Councilman Szymkowiak talked about the amount of time he has spent as a councilman working for the people in his district and the small amount of pay h receives for his services. Ms. Patton indicated that she and her staff were not complaining abou the amount of time spent in handling the cases; she merely wanted to cover all the aspects of the commission and the case loads and complaints in order to keep the Council informed of the activities of the commission. Councilman Kopczynski indicated that he was keeping a log of many things he did as a councilman. He felt a councilman's salary should be around $20,000 a year if it was compared to the other positions within the city. Councilman Miller stated that the report prepared by Ms. Patton and her staff was very excellent, in his opinion, and he congratulated Ms. Patton on her report. Council President Parent also congratulated Ms. Patton and thanked her for her presentation. PETITIONS 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 as hereinafter requested, and in support of this applica- tion, the following facts are shown: 1. The property sought to be rezoned is located on the south side of Ireland Road east of and contiguous to the Montgomery Ward and Scottsdale Mall property. 2. The property is owned by Place and Company, Inc., who have contracted with Tower Federal Savings & Loan Association of South Bend to sell same to it provided the rezoning herein requested is granted. 3. A legal description of the property is as follows: A tract of land situated in the Southwest Quarter of Section 30, Township 37 North, Range 3 East, St. Joseph County, Indiana, described as follows, viz: Beginning at a point on a line that bears South 89 degrees 55 minutes 20 seconds East 1649.98 feet East from the West Quarter Section Corner of Section 30, Township 37 North, Range 3 East; thence 89 degrees 55 minutes 20 seconds East 200 feet to the Northerly projection of the Western boundary of the Plat of Scottsdale Addition, Section "A ", as recorded in the Office of the Recorder of St. Joseph County, Indiana; thence South 00 degrees, 00 minutes, 24 seconds West along said Western boundary 230 feet; thence North 89 degrees 55 minutes 20 seconds West 199.99 feet; thence North 00 degrees 04 minutes 40 seconds East 230.00 feet to the place of beginning, containing 1,06 acres, more or less. 4. It is desired and requested that the foregoing property be rezoned from C -2 Use and Height and Area District, to C -1 Use and G- ,,Height and Area District. REGULAR MEETING MARCH 24, 1975 REGULAR MEETING - RECONVENED (CONTINUED) PETITIONS (CONTINUED) 5. It is proposed that the property will be put to the following use and the following building(s) will be constructed: If rezoning is granted, Tower Federal Savings & Loan Association of South Bend will erect a 1 -story building on such property from which it will carry on a savings and loan association business and activity. 6. Number of off - street parking spaces to be provided: 37. 7. Attached is (a) an original ordinance and 25 copies; (b) an original petition and 20 copies; (c) a $10 filing fee; (d) an existing plot plan showing my property and other surrounding properties; (e) names and addresses of all the individuals, firms or corporations owning property within 300 feet of the property sought to be rezoned; and (f) 5 copies of a site development plan. TOWER FEDERAL SAVINGS & LOAN ASSOCIATION OF SOUTH BEND By s/ John D. Gill President 216 West Washington Avenue PLACE AND COMPANY, INC. By s/ Andrew S. Place President 1920 Ridgedale Road Councilman Kopczynski made a motion that the petition be referred to the Area Plan Commission, seconded by Councilman Taylor. The motion carried. To the Common Council of the City of South Bend, Indiana: Comes now Place and Company, Inc., by its President, Andrew S. Place, and as grounds for this its petition states: 1. That Place and Company, Inc. is the owner of the following described property in St. Joseph County, State, of Indiana: Part of Section 31, Township 37 North, Range 3 East, Centre Township, St. Joseph County, Indiana, described as follows: Commencing at the Northeast corner of the Northwest Quarter of said Section 31; thence South 00 018135" East along the North - South centerline of said Section 31, 2672.34 feet to the point of beginning, said goint being also the center of said Section 31; thence North 89 24154" East along the North line of the Southeast Quarter of said Section 31 (said North line being also the South Bend City Limits), 240.00 feet; thence South 00 035'06" East, 123.09 feet; thence South 16018135" East, 342.11 feet; thence North 81 °05'45" East, 57.88 feet; thence South 00 018135" East, 438.59 feet; thence South 89 041125" West along the South Bend City Limits, 191.04 feet; thence North 00 018135" West along the South Bend City Limits, 17.01 feet; thence South 89 050106" West along the South Bend City Limits, 201.08 feet to the North -South centerline of said Section 31; thence North 00 °18'35" West along said North - South centerline (being also the South Bend City Limits), 489.97 feet; thence North 35 °46'04" West along the South Bend City Limits, 119.00 feet; thence North 63 047122" East along the South Bend City Limits, 132.58 feet; thence 226.03 feet Northwesterly along the arc of a curve concave to the Northeast (said curve being the South Bend City Limits) and having a radius of 500.00 feet, a central angle of 25 °54'03" and a chord of 224.11 feet to the point of beginning. Containing 6.652 acres, more or less. 2. The above described property is contiguous to the present limits of the City of South Bend, Indiana, and the undersigned, Place and Company, Inc., is the sole and only owner of all of the above described property and no other person or entity has any interest therein. 3. There is attached hereto an Annexation Plot disclosing the outlines of the property requested to be annexed, its location and contiguity to the present City of South Bend limits. Respectfully submitted this 19th day,of March, 1975. PLACE AND COMPANY, INC. By s/ Andrew S. Place President Council President Parent announced that action on the petition would take place when the ordinan pertaining to it had first reading. REGULAR MEETING - RECONVENED (CONTINUED) ORDINANCES, SECOND READING ORDINANCE NO. 5813 -75 AN ORDINANCE APPROPRIATING $132,000 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS HUMAN RESOURCE PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF HUMAN RESOURCES. This ordinance had second reading. Councilman Serge made a motion to pass the ordinance, seconded by Councilman Newburn. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent). ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, AND GATES CHEVROLET CORPORATION OF SOUTH BEND, INDIANA, FOR THE PURCHASE OF CERTAIN MOTOR VEHICLES IN THE TOTAL AMOUNT OF $8,725.00. This ordinance had second reading. Councilman Nemeth made a motion to strike the ordinance from the files, seconded by Councilman Newburn. The motion carried. ORDINANCE NO. 5814 -75 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, AND (1) INLAND CHEMICAL COMPANY, FORT WAYNE, INDIANA; AND (2) WATCON, INCORPORATED, SOUTH BEND, INDIANA, FOR THE PURCHASE OF CHEMICALS FOR USE FROM APRIL 1, 1975, TO APRIL 1, 1976, IN THE AMOUNT OF $35,207.00. This ordinance had second reading. 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, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent). ORDINANCE NO. 5815 -75 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, AND BADGER METER, INCORPORATED, OF MILWAUKEE, WISCONSIN, FOR THE PURCHASE OF CERTAIN WATER METERS IN THE TOTAL AMOUNT OF $156,976.80. This ordinance had second reading. Councilman Kopczynski 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, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent). ORDINANCE NO. 5816 -75 AN ORDINANCE APPROPRIATING THE SUM OF $35,900.00 FROM THE GENERAL PARK FUND TO ACCOUNT #260.0, OTHER CONTRACTUAL SERVICES. This ordinance had second reading. Councilman Horvath 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, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent). ORDINANCE NO. 5817 -75 AN ORDINANCE APPROPRIATING $100,000 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC WORKS PROGRAMS, TO BE ADMIN- ISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC WORKS. This ordinance had second reading. Councilman Serge 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, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent). ORDINANCE NO. 5818 -75 AN ORDINANCE APPROPRIATING THE SUM OF $20,686.00 FROM THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, TO THE FOLLOWING ACCOUNTS: ACCOUNT NO. 261.0, "PROMOTIONAL EXPENSE" - $18,700.00; 520.0, "RENTS" - $1,136.00; AND 725.0, "OFFICE EQUIPMENT" - $850.00, ALL ACCOUNTS WITHIN THE CIVIC CENTER BUDGET, PROGRAM F.A. 45, TO BE ADMINISTERED BY THE CIVIC CENTER AUTHORITY. This ordinance had second reading. Councilman Szymkowiak made a motion to pass the seconded by Councilman Kopczynski. The ordinance passed by a roll call vote of nine (Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Nemeth, Newburn RESOLUTIONS RESOLUTION A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT TO THE UNITED STATES GOVERNMENT, DEPARTMENT OF HOUSING AND URBAN (continued) ordinance, ayes and Parent). REGULAR MEETING MARCH 24, 1975 REGULAR MEETING - RECONVENED (CONTINUED) RESOLUTION (CONTINUED) DEVELOPMENT, AN APPLICATION FOR COMMUNITY DEVELOPMENT FUND UNDER TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974. A public hearing was held at this time on the resolution. Mr. William Hojnacki, Director of the Department of Human Resources and Economic Development, made the presentation for the ordinance. He explained that the resolution authorized an application for $3,547,000 which was the city's entitlement under the Housing and Community Development Act of 1974. The budget represented a fairly -wide range of expenditures that the city hoped to make as the first part of the total three - year $9 million program. The sense of the program was neighborhood conservation. The point of the program was to deal essentially with those neighborhood concerns that were eligible under the enabling legislation. The basic part of the program was to divide the funds into three or four different kinds of programs. One of the most important was the Housing Conservation Revolving Fund, which fund would be on- going. Under this section, a revolving fund was the only method by which the city could accrue interest on the funds. Five different housing programs were included in the fund. The largest was the Project Area Rehabilitation Program. The city would designate the top priority neighborhood with the most blighted conditions and attempt to rehabilitate housin< within that area. The two project areas currently underway are the Model Cities and Southeast Side Neighborhood, which areas would continue to be the two priority neighborhoods. Also, pilot prograi would be allowed in other areas of the city where some rehabilitation was needed. The Emergency Repair Program had been employed successfully, whereby individuals are eligible to receive a one- time grant of funds for repairs in a relatively small amount. It was hoped this program could be expanded city -wide. The Guaranteed Loan Program involved the city putting funds into private financial institutions. These institutions would then make loans to persons who would otherwise not be eligible. This would be directed to transitional neighborhoods. The Elderly Housing Allowance Office Referral Program would involve referrals from the Housing Allowance Office and would allow for these persons to be eligible for the program where they otherwise would not be. The Non - Profit Group Rehabilitation Program would make money available to neighborhood groups or other non - profit groups who wanted to rehabilitate homes in a certain area. The Historical Preservation Revolving Fund would develop the West Washington Street area. This money would be matched with other funds. The Substandard Demolition money would be programmed into the Environmental Protection Bureau for the demolition of substandard buildings. The Park and Open Space Development Program would look at neighborhoods where the need was there for park and open space. The same logic would apply in the area of public works. The Department of Redevelopment would be receiving a large amount of this money. Part of the money would be used to complete the city's obligation on the Downtown Urban Renewal Project. The Future Planning segment in the amoun- of $450,000 would be used for completion of the downtown area. Mr. Hojnacki concluded by stating that the remainder of the program would be administered through the Department of Community Development. Mr. James Russell, Voice of the Peace newsletter, wondered how many housing programs the city presently had underway, and Mr. Hojnacki indicated that there was the southeast side project, the Model Cities project and the programs undertaken by the Housing Authority. Mr. Russell wondered i any of these programs were used in 1970. Mr. Hojnacki indicated that the Housing Authority pro- grams were in existence in 1970. Mr. Russell wondered if the city was deteriorating because of al the federal programs. He felt federal funds were fine if administered correctly. He could not understand how all this money could be available if the city had to cut so many employees. He felt the black community needed something to be proud of, and he stated that, in his opinion, the city was going backwards. Mrs. Glenda Ray Hernandez, 702 East South Street, treasurer of the Southeast Side Neighborhood Project Action Committee, spoke on behalf of the advisory board for the southeast side. She stated that the board felt it was unfortunate that a large amount of money must be needed to complete the downtown area. She stated that the important parts of the program concerning the southeast side dealt with the park land and rehabilitation of the homes in the area. Mrs. Irene Mutzl, a member of the Fair Tax Association, residing at 320 Parkovash, felt that, if all this money was kept in the people's pockets in the first place, the homes could be rehabilitated. She indicated that the southeast neighborhood was told about 10 years ago to only do what they had to do to their homes to keep them standard. She wondered about progress to date on the southeast project. Mr. Keith Crighton; Manager of the Bureau of Housing, indicated that, as of March 31, the city had obligations in the amount of $313,095, and the total $438,000 budget would be allocated by June 30th. Mrs. Mutzl wondered about the landlords who make no improvements but merely collect rents on their properties. Mr. Hojnacki indicated that the only thing that the landlord must do is maintain his property at a reasonably safe and sound level. The ability to enforce this was indeed a difficult thing, particularly for housing units that were occupied. He stated that part of the program would give increased enforcement in this area. Mrs. Mutzl won- dered how long,a'- person must own his home before he could come under the Housing Allowance Referra Program. Mr. Hojnacki indicated that no limit had been set Any contract of $5,000 would have to come before the Council, and major repairs averaged $6,000 for rehabilitation. Mrs. Jane Cobb, Executive Director of the YWCA, 802 South Lafayette Boulevard, made a request for funds to rehabil tate the YWCA building. She felt that, in order to continue service to the women of the community the building would have to be brought up to standard. It had been recommended that auxilliary lighting be installed at a cost of $3,000. Re- plastering must also be accomplished, bathrooms nee to be remodeled, and some work must be done on the furnace. Also, there was a leak in the roof. She wondered if the request of the YWCA for funds, which had been submitted to the Mayor, had been given consideration when the proposal had been prepared. Mr. Hojnacki indicated that the request of the YWCA was being considered. He stated that.it was not included in the proposed program as a line item because the YWCA was an organization that had access to many sources of funding, and secondly, there might be other alternatives to deal with the problem. He stated that the YWCA "could" qualify under the program because it was a residential unit in need of rehabilitation. Mrs. Cobb stated that one source of income was from the housing aspect, and the building must be kept up to standards so that women would utilize the facilities. Councilman Nemeth asked Mrs. Cobb how much the YWCA had requested, and Mr. Hojnacki indicated that the request had been in the amount of $20,000. He stated that a breakdown had not been received with the request in terms of how the money would be spent. Mrs. Cobb indicated that a proposal had been sent to Mr. Hojnacki; however, no breakdown had been requested at that time. Council President Parent asked that Mrs. Cobb send a copy of her proposal to the City Clerk who, in turn, could make copies and forward the information on to the councilmen for consideration. Mrs. Cobb indicated that costs, at this time, were not available because it was not known if the funds would be available. She agreed to provid whatever information she could.. Councilman Horvath asked for a financial statement on the income and expenditures for the YWCA, and Mrs. Cobb also agreed to supply the financial information. Mr. is i i REGULAR MEETING - MARCH 24 1975 REGULAR MEETING - RECONVENED (CONTINUED) John Oxian, Vice President of the Historical Preservation Commission, read a letter to the Council members which letter requested the amount of $25,000 from the Community Development program for historic preservation. He indicated that a survey was mandated by ordinance, and the commission could not do the work on its own. With the request of $24,000 and $5,000 from the county, he felt the survey could be accomplished. He asked for consideration of the commission's request for fund, Mrs. Louvenia Cain, Chairman of the Model Cities Neighborhood Planning Association, expressed con- cern about the long -term objective of the program. She felt citizen participation should be now. Mr. Hojnacki indicated that the city also wanted good citizen participation. He stated that a person was employed to deal in that area. Mrs. Cain hoped there would be some type of citizen participation structure. Mr. Floyd Carter, 1619 Fassnacht, indicated that a few organizations had submitted a request for funds and had not received any consideration. He wondered what percentage of the proposald incorporated in the application were proposals made by the citizens in the community. Mr. Hojnacki indicated that, with the exception of the downtown project application, every proposal was made on the requests of the citizens. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, stated that he could not find all the figures Mr. Hojnacki had referred to. He indicated that he had a copy of the application and the figures listed did not add up correctly. He wondered what would be forwarded to HUD, and Mr. Hojnacki clarified for Mr. Evans his questions concerning the budget figures. Mr. Evans wondered about the discussion which took place at one of the neighborhood meetings. He stated that something more than just "putting bricks and mortor into a program" was needed. He felt a change of attitude was needed regarding the rehabilitation of homes in the future. Mr. Hojnacki stated that the city's basic approach was that there were enumerable good programs that the city should be involved in. The problem with the Community Development funds was that they were the only funds for housing and community developmen- activities. In the area where other monies can be made available, the city felt strongly about not putting money into those areas. The problem was the cost versus the restricted use of the money available. Mr. Phil Magaldi, 1122 E. South Street, indicated that he was the owner of property at 201 E. Ohio Street. He indicated that his tenant paid him no rent, and the Board of Public Works declared his building substandard. At that time, he wondered what he could do with his present tenant because he did not want to turn her out. He stated that, recently his tenant left and the house was stripped. He asked if the Community Development Department was willing to help the owner - tenants in instances like these. Mr. Hojnacki indicated that he would talk further with Mr. Magaldi concerning the matter. Councilman Kopczynski indicated that he would appreciate having the results of Mr. Magaldi and Mr. Hojnacki's discussion. Mr. Russell talked about the amount of mone, being handled by the Human Resources Department on various programs. He wondered what was being done with the large amount of money being received by the city. He talked about preservation of the city, and he wondered what was the use of giving money year after year for rehabilitation of the same homes without trying to reach the property owners. Mr. Hojnacki indicated that he was dealing with the individuals. Councilman Kopczynski indicated that the housing data would be re- evaluated. He wondered what data was used to determine the proposed programs. Mr. Hojnacki indicated that the basic data came from the Area Plan Commission housing survey in 1967, a (supplement of the 1970 census data and the data supplied by the Polk Company in 1974. The Housing Allowance Office had also submitted data; likewise, the department's staff. All the information was up to date as of September. Councilman Kopczynski wondered if this information was readily available. He wondered if the Council could check it, and Mr. Hojnacki indicated that he would welcome that. Councilman Kopczynski wondered how many councilmen had gone to the southeast side to look over what was being done and the records kept and the work performed. He indicated that hE could not agree with putting in one - fourth inch Armstrong tile on floors in the upstairs bedrooms. He indicated that this was only one example of the work being done. He felt a great deal of money was being spent on the type of rehabilitation. When the funds were appropriated, he had been undej the impression that the funds would be used for the necessary repairs to meet the housing code. HE indicated that the amount of $5,000 was to be used for rehabilitation, and most of the homes cost $6,000. He felt a case history of each house should be kept, including the way the money was used in detail. He felt standard forms should be developed in order to keep this information readily available. He felt the progress being made should be reviewed closely, and he expressed the need for coming up with a program that would enstill pride of ownership in the people without just givi7 funds for rehabilitation work over and over again. He stated that the causes for deterioration should be established. He referred to a letter he had written to Mr. Hojnacki concerning the cans( of housing deterioration, and he stated that he had never received a reply to his letter. Mr. Hojnacki indicated that he had volumes of information concerning the subject and he would furnish this information to the Council. Councilman Kopczynski talked about the lack of enforcement of the city's ordinances concerning trash, substandard buildings, etc. He felt this was one of the prime reasons for deterioration. He asked that Mr. Hojnacki explain the real meaning of the proje< entitled "Belleville Sewer Repairs ". Mr. Rollin Farrand, Director of the Department of Public Works, indicated that the funds would be used to establish an inspection program and set up the priorities. This would give some means of preventive maintenance in the problem areas. Councilman Kopczynski felt the project should read "underground T.V. camera for sewer inspection to be used for the entire city ". He stated that the project title was misleading and was not specifically Belleville sewer repairs. Council President Parent wondered about the immediate cause for the purchase of the T.V. camera for the inspection. Mr. Farrand indicated that there was a problem in the Belleville area of sufficient magnitude. It was hoped the camera would provide the capability of inspecting and setting up priorities for sewer repair. Councilman Taylor indicated that he was not ready to vote on the proposal at this time. He asked for an explanation of the Better Communit Act. Under revenue sharing, the Mayor was required to make a proposal and the Council was requires to act on the request. He wondered if what was being done tonight was required, and Mr. Hojnacki stated that the Better Communities Act died in 1974. The Better Communities Act was a revenue sharing proposal and was replaced by the Housing and Community Development Act. He indicated that there was a distinction between the block grant and revenue sharing funds. He stated that this grant was more broad and flexible; however, the same rules applied. There was no requirement that the administration submit a proposal to the Council; however, hearings in the neighborhoods were required. Councilman Taylor stated that the metropolitan areas and cities like South Bend were owned by "Uncle Sam" and the cities did not carry a personal identity any longer. He believed in attacting problems head on. He indicated that another proposal to extend revenue sharing funds wa: being considered, and again the legislative bodies would be brought in. He stated that all federal funds could be cut off, and the city would be in a worse position. Councilman Miller expressed interest in the process used to determine the programs. He felt the same levels of service should be provided to the taxpayers next year. He wondered if the amount of $37,500 for the T.V. camera for sewer inspection and repair could be purchased under the Sanitation budget. He felt this couR be accomplished in order to meet other needs of the program. He also questioned the sidewalk and curb repair. He indicated that, in the past, the property owners were assessed for their sidwalks, REGULAR MEETING MARCH 24, 1975 REGULAR MEETING - RECONVENED (CONTINUED) and he referred to the Ironwood project. He wondered why the sidewalks along Widener Lane and Miami should be included in the.project. He mentioned that the city's insurance agent lived in that area. Mr. Hojnacki stated that there was a requirement that the funds be used for the benefit of low -to- moderate income persons. Councilman Miller wondered where these funds would be coming from. He talked about the inspection of houses and code enforcement. He felt a more com- prehensive substandard building department should be utilized. He wondered why the substandard budget could not be picked up under the Community Development proposal. Mr. Hojnacki indicated that he could not think of any reason why this could not be done. He stated that the only problem would be that Community Development funds could only be used in areas designated in the plan. He indicated that this would not include annexed areas either. Councilman Miller felt the city shouli be thinking in terms of solving some of the problems with code enforcement. He felt there were no enough alternative actions which could be taken. He wondered about the possibility of a neighbor- hood maintenance ordinance to accomplish this purpose. He proposed this as a part of the program. Mr. Hojnacki indicated that with the code enforcement, the individual's rights and freedoms had to be considered. The mere passing of an ordinance would not solve the problem, in his opinion. Councilman Miller felt that a comprehensive housing program should look at those problems and some vehicle should be utilized to handle the problems. He wondered about the area of social services. He mentioned the inclusion of the Primary Day School into the project. Mr. Hojnacki indicated tha this project had not been included in the proposal. At one point, it was thought perhaps revenue sharing funds could be used for the program. Councilman Miller asked that consideration be given to the school project. Council President Parent indicated that only a few councilmen had had the opportunity to speak, and he wished to allow everyone that opportunity. Councilman Miller indicated that he had many questions concerning the program. He talked about the re- programming o many of the programs. He asked about the amount of $450,000 in the future planning segment of the project. He wondered if some of the money would be used to purchase land downtown. Mr. Hojnacki indicated that some of the money could be used for that purpose. Council President Parent felt that the councilmen should yield to each other. He indicated that he was not trying to stop debate by the Council, and that he would allow each councilman to ask questions starting with Councilman Serge. At this point, Councilman Szymkowiak indicated that he had been waiting to spea for quite some time. Councilman Serge wondered about the deadline for the application. Mr. Hojnacki indicated that it must be approved by April 15. He mentioned that MACOG and the State Planning Agency must render an opinion on the application also. Council President Parent asked Councilman Szymkowiak to comment at this time. Councilman Szymkowiak indicated that he would not speak on the issue because he had been refused previously. Council President Parent again stated that Councilman Szymkowiak could now have the floor for his questions; however, he declined to do SO. Council President Parent then talked about the project areas. He wondered if there were any intentions of dealing with other areas of the city where neighborhood deterioration was starting. Mr. Hojnacki indicated that the other programs could be utilized rather than the rehabilitation program at this time. He stated that the resources would have to be concentrated in order to make any impact. Council President Parent asked about the Walnut Street railroad project. Mr. Farrand indicated that the program was proposed for retaining walls and ramps for the handicapped. Counci President Parent asked about the current obligations, and Mr. C. Wayne Brownell, Acting Director of the Department of Redevelopment, listed the current obligations, including real estate appraisa and construction. Councilman Kopczynski felt the outlying areas were being neglected and the neighborhoods would have to be taken care of. Councilman Horvath felt that, because of the questions raised, the application might have to be re- written. He wondered about the time element involved. He felt a caucus should be scheduled to discuss the priorities. Mr. Hojnacki indicated that the budget was the critical item which HUD would be reviewing closely. Councilman Horvath wondered if changes could be made after the application was submitted. Mr. Hojnacki indicated that he would submit priorities and the application could be altered after a six -month period. Councilman Horvath indicated that the city was faced with a frozen tax rate. He was hopeful that some of the funds could be used for programs to relieve the city budget. Mr. Hojnacki indicated that this was not revenue sharing money and was to be used for only housing and community develop- ment programs. He stated that it should not be looked at as a supplement to run the city. Councilman Nemeth indicated that the Council wanted more information on the particulars. He felt a program such as this deserved more than just a "passing glance by the Council ". He could not see how the Council could act on the resolution at this time. In view of the many questions raised, Councilman Nemeth made a motion to continue the resolution to the April 7, 1975, meeting of the Council, seconded by Council President Parent. The motion carried. Council President Parent made mention of the complaints made by some councilmen concerning the timl allowed for speaking on various issues. He felt the councilmen should review the tapes of the . Y meetings, and the would realize that two or three councilmen use up most of.the Council portion of the public hearings. He stated that he, in presiding at the meeting, was only trying to be fail to all councilmen. ORDINANCES, FIRST READING ORDINANCE NO. 5819 -75 AN ORDINANCE OF THE CITY OF SOUTH BEND AUTHORIZING THE ACQUISITION, CONSTRUCTION AND LEASING OF INDUSTRIAL FACILITIES, THE ISSUANCE OF REVENUE BONDS TO APPLY ON THE COST THEREOF, THE SAFEGUARDING OF THE INTERESTS OF THE HOLDERS OF SAID BONDS, APPROVING_AND AUTHORIZING A LEASE AGREEMENT AND A MORTGAGE AND INDENTURE OF TRUST, AND OTHER MATTERS RELATING THERETO (Hanover Logansport, Inc.) This ordinance had first reading. Councilman Taylor made a motion to suspend the rules and take action on the ordinance, seconded by Councilman Miller. The motion carried by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent). The ordinance then had second reading. Mr. Kenneth Fedder, Attorney for the South Bend'Development Commission, made the presentation for the ordinance. He stated that the matter was previously before the commission, and the various documents have been finalized. A number of new jobs would be brought into the community with the approval of the bond issue which was in the amount of $2,595,000. The issue would allow for the construction of a shopping center on Western s REGULAR MEETING MARCH 24, 1975 (REGULAR MEETING - RECONVENED (CONTINUED) Avenue. He referred to a bond purchasing statement in his possession, and he requested the Council's approval of the bond issue. He indicated that the standard policy would be followed in that there would be no obligation on the part of the city. Councilman Serge wondered about the nature of production, and Mr. Warren McGill, the attorney representing the firm, indicated that the building would consist of the Kresge Store and a jewelry store. The result would be an increa: in employment and the tax base. Councilman Taylor made a motion that the ordinance be passed, seconded by Councilman Kopczynski. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Tayl Kopczynski, Horvath, Nemeth, Newburn and Parent). ORDINANCE AN ORDINANCE ESTABLISHING A MERIT SYSTEM OF PROMOTIONS FOR THE BUREAU OF POLICE OF THE CITY OF SOUTH BEND. This ordinance had first reading. Councilman Taylor made a motion to set the ordinance for public hearing and second reading on April 7, 1975, seconded by Councilman Serge. The motion carried. (ORDINANCE AN ORDINANCE ESTABLISHING A MERIT PLAN STUDY COMMISSION. This ordinance had first reading. Councilman Taylor made a motion to set the ordinance for public hearing and second reading on April 7, 1975, seconded by Councilman Kopczynski. The motion carrie ORDINANCE AN ORDINANCE REGULATING SALARIES PAID TO CITY OFFICIALS AND EMPLOYEES. This ordinance had first reading. Councilman Kopczynski made a motion to set the ordinance for public hearing and second reading on April 7, 1975, seconded by Councilman Nemeth. The motion carried. ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) - south side of Ireland Road east of and contiguous to the Montgomery Ward and Scottsdale Mall property, Place and Company. This ordinance had first reading. Councilman Nemeth made a motion to refer the ordinance, along with the petition, to the Area Plan Commission, seconded by Councilman Taylor. The motion carried, ORDINANCE AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LANDS (PLACE AND COMPANY). This ordinance had first reading. Councilman Taylor made a motion to set the ordinance for public hearing and second reading on April 7, 1975, seconded by Councilman Miller. The motion carried. ORDINANCE AN ORDINANCE FIXING MINIMUM AND MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, WITHIN THE DEPARTMENT OF HUMAN RESOURCES AND ECONOMIC DEVELOPMENT FOR THE YEAR OF 1975. This ordinance had first reading. Councilman Kopczynski made a motion to set the ordinance for public hearing and second reading on April 21, 1975, seconded by Councilman Miller. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $4,500.00 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. This ordinance had first reading. Councilman Szymkowiak made a motion to set the ordinance for public hearing and second reading on April 7, 1975, seconded by Councilman Serge. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $4,690.00 FROM THE FEDERAL ASSISTANCE GRANT FUND COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC WORKS PROGRAMS, TO-BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC WORKS. This ordinance had first reading. Councilman Horvath made a motion to set the ordinance for public hearing and second reading on April 7, 1975, seconded by Councilman Taylor. The motion carried. PRIVILEGE OF THE FLOOR Mrs. Irene Mutzl, a member of the Fair Tax Association, residing at 320 Parkovash, wondered if the Council had been invited to attend the cocktail party and buffet on March 27th in the Housing Allowance Office. It was indicated that the councilmen had not received invitations. Mrs. Mutzl wondered if Mr. Lennon was paying for the buffet. She talked about the use of federal funds. Councilman Kopczynski stated that he felt it was sad that, on many federal programs, reports on the progress-were not being furnished and the sufficient information was not given. He felt the REGULAR MEETING MARCH 24 1975 REGULAR MEETING - RECONVENED (CONTINUED) Council should be very stringent on the operation of these programs. He stated that the Council President, in his opinion, should appoint a committee to monitor the Housing Allowance Program. He again stated that forms should be used to record the information collected. He felt the Counc was not performing its work fully because of the federal programs. Councilman Miller indicated that Congress was trying to initiate a program of transfer payments which the block grants were really all about. He stated that the city was at the point when it was time "to pay the piper ". Councilman Newburn indicated that money was being received from the federal government for progra that the city could not accomplish. He felt the needs of the city could not be taken care of without these federal funds. Mr. James Russell, Voice of the Peace Newsletter, talked about the incident of a young black man being shot during a robbery at the Silver Tower which had occurred recently. He stated that many black people and low- income people felt the policemen on the west side of town had a habit of "pointing their guns ". He talked about discrimination and mis -use of people as it related to law enforcement. Councilman Newburn indicated that the Council was doing its job, and he felt the Police Department was getting results. He talked about the responsibility of the citizens to their police department. He felt that a small group of persons felt they could do what they wanted to and totally disregard the law. He stated that the police officers should carry out their responsibility and "meet fire with fire ". Mrs. Lee Swan, 2022 S. Swygart, referred to the statement made by Mr. Michael Carrington, Public Safety Director, which had appeared in a recent edition of the South Bend Tribune, wherein Mr. Carrington had indicated that he did not know the full responsibility of his job. She felt the administration and Council should relay to Mr. Carrington his responsibilities. Mr. Horace Strycker, 1746 Marine Street, stated that he felt the problem of police enforcement and administration did not rest with the Council. He indicated that he had filed an application with the Police Department a year ago. He was told that he had failed the test and he had found out he rated 9th on the test. He indicated that he was very familiar with guns and ammunition, and he felt this was within the workings of the department and perhaps the office of the Public Safety Director. He talked about the pressures put on the Police Department, and the hiring of the minorities. Councilman Kopczynski wondered if Mr. Strycker's case had been taken to the Huma Rights Commission, and Mr. Strycker indicated that he had wished to persue the matter in another way. He felt that, if the department did not feel he was qualified, he did not want the job. He wanted to get in on his own merits. He stated that he had come to the conclusion that his applic tion would not go any further until there was a change in the system. He felt people were not given equal consideration. Councilman Nemeth talked about a claim of Professor John Roos of the University of Notre Dame in the amount of either $500 or $1,000. He stated that the claims committee had questioned the claim and had not received an answer. Mr. Walter Lantz, Chief Deputy Controller, indicated that he would check into the matter. Councilman Kopczynski indicated that, as he remembered, it was a fee for consultations, and the report had been received by the Council. Mr. Arthur Quigley, 1019 North Francis Street, talked about the Housing Allowance Office open meeting to be held on March 26th, at 7:00 p.m. in the Spiro Library. He urged everyone to attend. Mr. James Russell, Voice of the Peace Newsletter, stated that he wished to comment briefly on Councilman Newburn's comments to his recent statements. He felt Councilman Newburn had mis- understood his position. He stated that he was not trying to blame the Police Department. He felt the department was being victimized by the economic conditions of the country and politics. He only hoped for a better relationship and understanding with the people and police officers. He felt the Police Department had to improve its image. UNFINISHED BUSINESS Council President Parent announced that Mrs. Dorothy Sheer had recently resigned from the Fair Campaign Practices Commission because she had decided to run for public office. He stated that the Mayor had submitted a letter to the Council, wherein he stated that he wished to appoint Mrs. Barbara Powers, 2802 York Road, to replace Mrs. Sheer. He read a brief biography of Mrs. Powers. Councilman Newburn made a motion to approve the Mayor's appointment, seconded by Councilman Kopczynski. The motion carried unanimously. Council President Parent asked the City Clerk to inform the Mayor's Office of the Council's action. Councilman Kopczynski brought up the subject of the vendors' list which had been filed in the Cit Clerk's Office this afternoon. He asked that a copy be given to him. Mrs. Gammon, City Clerk, submitted the copy to Councilman Kopczynski. Councilman Kopczynski indicated that he felt each councilman should study the vendors' list. Councilman Newburn stated that he had been under the impression that the list was to be kept on file in the Clerk's Office. Councilman Kopczynski stated that he would be using the public document to review the budget as he had originally requested the list for this purpose. He indicated that a motion had been made by Council Preside Parent at the previous meeting, which motion was passed by the Council, that the document be file with the City Clerk. By doing this, the document was subject to public inspection and review. Councilman Newburn repeated that he felt the intent of the motion was to retain the list in the Clerk's Office. Councilman Kopczynski again stated that he had requested this document in an effort to reconcile the budget, and he would do so. Council President Parent indicated that the Council's appointment, Mr. John Kasprzak, had recently - submitted his letter of resignation as a member of the South Bend Public Transportation Corporation. He filed the letter with the City Clerk. There being no further business to come before the Council, unfinished or new, Councilman Nemeth made a motion to adjourn, seconded by Councilman Serge. The motion carried, and the Council adjourned at 12:35 ATTEST: APPROVED- Y CLERK PRE E +++++++++++++++++++++++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++ +++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++