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HomeMy WebLinkAbout04-07-75 Council Meeting Minutes19 9 1. REGULAR MEETING APRIL 7, 1975 REGULAR MEETING APRIL 7, 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, April 7, 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 PRESENT: Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Newburn and Parent. ABSENT: Councilman Nemeth Councilman Taylor made a motion to resolve into the Committee of the Whole, seconded by Counci Kopczynski. The motion carried. COMMITTEE OF THE WHOLE MEETING Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on Monday, April 7, 1975, at 7:02 p.m., with eight members present and one member absent. 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 presentations. Councilman Taylor requested that items A and B be considered together as they both concerned the police merit plan and commission. ORDINANCES AN ORDINANCE ESTABLISHING A MERIT SYSTEM OF PROMOTIONS FOR THE BUREAU OF POLICE OF THE CITY OF SOUTH BEND and AN ORDINANCE ESTABLISHING A MERIT PLAN STUDY COMMISSION. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Councilman Taylor, Chairman of the Public Safety Committee, made the presentation for the ordinances. He stated that, by allowing partisan politics to determine police positions, police professionalism and merit promotion have been made virtually impossible. He talked about the spoils system in South Bend, and indicated that the policemen soon find that success depends not on meritorious police work but on political ties and campaign services rendered. He felt emphasis on political maneuvering would not make for good police management for South Bend and it was totally unfair to the policemen. For these reasons, consideration of a merit plan had been given. Many meetings had been held and input had been received from 50 to 60 persons, including policemen, city administration, councilmen, crime commission members and the general public. He stated that the merit plan being proposed had been designed specifically for South Bend, and it would lead to a more efficiently - run police depart- ment. He urged the Council's support of the measure. He stated that the Council's attorney, Mr. Dempsey Cox, and the City Attorney, Mr. James Roemer, were present to answer any technical questions which might arise. He stated that the merit plan being considered was legal and did not, in any way, violate state law. He felt the ordinance was a part of criminal justice reform, and he briefly talked about the changes to be made in the criminal justice system. He felt the proposed merit plan was part of that reform. He stated that the merit system was being compared to the political spoils system. He indicated that implementation would take a considerable lengt of time and the ordinance set forth an effective date of 1976 for that reason. The entire year would be used as a testing year, and all examinations would be conducted at the end of the year in order that the merit plan could become effective on January 1, 1977. The system of promotions would include the rank of captain, and the Mayor would maintain the responsibility of naming the Police Chief and assistants to the chief. He explained that the Merit Plan Study Commission would set up the testing procedures to be used in 1976. The commission would be a nine - member commission with three members appointed by the Mayor, Common Council and Bureau of Police. Council President Parent stated that the effort to establish the plan had been very bi- partisan. He thanked Councilman Taylor and the attorneys for spending a great deal of time preparing the ordinance. He urged that the Council pass the ordinance unanimously. Councilman Kopczynski made reference to paragraph b of Section I of the proposed merit plan. He stated that he would like t see the Mayor's appointments to the Merit Board reduced to one because of the jurisdiction of the Board of Public Safety, with the Council's appointments being increased to two. He made such a motion, seconded by Councilman Szymkowiak. Councilman Taylor stated that the Board of Public Safety would not be acting upon promotions but would be handling all cases dealing with exacting fines, punishment and dismissal of any member in violation of the rules and regulations of the Bureau of Police. He indicated that this was provided for in the statutes. He indicated that th Mayor's Office had the job of execution and must see that the department was run properly. He stated that the five -man merit board would successfully keep influence away from any one particu- lar body, and he felt the Mayor should appoint two members; likewise, the Bureau of Police. Council President Parent indicated that one of the elements in the proposal was that it seemed to be accepted by the policemen. He felt the Council should stay with the essence of the matter because of the acceptance shown by the Police Department. Councilman Kopczynski was still of the opinion that the Council should appoint two members because a better cross section on the board would be received. Councilman Szymkowiak agreed with Councilman Kopczynski, and he stated that the Council should have the equal amount of voice in the matter as the Police Department. Mr. Michael Carrington, Public Safety Director, complimented all those involved in reaching a proposa on the merit plan. He felt the ordinance as written was a very substantial document in that it was designed specifically for South Bend. He indicated that he would be against the proposed amendment. Councilman Szymkowiak wondered what would happen if the state passed a merit plan tha called for appointment of two members by the city council. Mr. Carrington felt that matter shoul be considered at that time, if it was ever.proposed. He felt it was inappropriate for the Counci to carry greater weight on the appointments. Councilman Kopczynski felt that too much power vested in one individual has proven to be bad for a city. Councilman Taylor felt the proposal weakened the Mayor's position if compared to the spoils system which was in existence, and he 2 REGULAR MEETING APRIL 7, 1975 COMMITTEE OF THE WHOLE MEETING (CONTINUED) hoped the proposal as filed would not be amended to change membership in the merit board. He indicated that 14 months had been spent preparing the merit plan and many proposals were incorporated into the plan. He felt any changes at this time might bring out a negative vote from the members on the force. Councilman Horvath called for the question on the amendment, and Council President Parent seconded the motion to close debate. The motion carried with Councilmen Szymkowiak and Kopczynski opposing. Chairman Newburn requested a roll call vote on the motion to amend the composition of the merit board. The motion lost by a roll call vote of two in favor (Councilmen Szymkowiak and Kopczynski) and six against (Councilmen Serge, Miller, Taylor, Horvath, Newburn and Parent) with Councilman Nemeth absent. Council President Parent felt the ordinances contained a great deal of compromise and the proposa were acceptable to most all concerned. He made a motion that the ordinances be recommended favorably to the Common Council, seconded by Councilman Serge. Councilman Miller felt the merit plan was an important step taken on the part of the Council in that it took hold of the issue and was showing that it was trying to be independent and progressive. He complimented Councilman Taylor and all those involved in the proposals. Chairman Newburn requested a roll call vote on the motion to recommend the ordinances favorably to the Council. The motion carried by a roll call vote of eight ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Newburn and Parent) with Councilman Nemeth absent. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA (property located south of Dunham Street and north of the New Jersey, Indiana and Illinois Railroad tracks). This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Councilman Kopczynski made the presentation for the ordinance. He indicated that he had initiated the rezoning for the property between Dunham and the railroad tracks. He referred to an overlay of the property, pointing out that there was residential property in the vicinity. He felt the neighborhood could be saved if the rezoning wa changed to light industrial. Mr. Jack Klein, 123 River Avenue, Mishawaka, wondered about any problems that might be caused by the rezoning, and Councilman Kopczynski indicated that there would be no major problems as there was no heavy industrial facilities in the area at this time. Councilman Horvath wondered if the recycling operation was still in existence in the area, and Councilman Kopczynski indicated that the business was not in operation because the proper permission had not been given. Councilman Horvath wondered about the operation of a junk yard in the area, and Councilman Kopczynski stated that, at one time, there was such a business; however, it had not been in operation for quite som time. He stated that there were problems with the junk yard concerning the old cars and numerous rats. Council President Parent indicated that the main intent of the ordinance was to prohibit the operation of a junk yard in the area because of the residential properties in the area. Councilman Serge made a motion that the ordinance be recommended favorably to the Common Council, seconded by Councilman Szymkowiak. The motion carried. ORDINANCE AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LANDS (Place and Company). This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Joseph Roper, 414 North Taylor, the attorne representing Place and Company, made the presentation for the ordinance. He explained that his client was requesting the Council to annex approximately seven acres of land to the south of the city off Kern Road. He referred to a sketch outlining the property proposed to be annexed. He stated that the land was unplatted and unimproved at this time, and homes would be constructed on the property and the land would be more sellable if brought into the city. There were no comment or questions. Councilman Taylor made a motion that the ordinance be recommended favorably to the Common Council, seconded by Councilman Kopczynski. The motion carried. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO. 4990 -68, CHAPTER 40 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, FORMERLY REFERRED TO AS ZONING ORDINANCE NO. 3702, AS AMENDED (3500 and 3600 blocks of East Jefferson). This being the time heretofore set for public hearing on the above ordinances, proponents and opponents were given an opportunity to be heard. Mr. James Groves, Attorney at Law practicing at 2210 American National Bank Building, made the presentation for the ordinance. He explained that he was representing the petitioner in the rezoning, being the Whitmore Corporation. He requested that an amendment be made to the ordinance and petition to change the request for zoning from "C" Commercial to "B" Residential. He indicated that professional offices would be utilized and this could be accomplished in the "B" Residential classification. He stated that a portion of Sunnyme had been vacated because it would fall within the general plan of the proposed offices. He refer to an overlay of the property. On February 21st, a meeting was held with the local residents, and approximately 20 residents attended and appeared to have no objection to the rezoning. The project would consist of professional offices. He stated that presently the property was being p to no specific use. He presented photographs to the Council members, and he talked about the oth businesses and professional offices located on East Jefferson Boulevard. Mrs. Irene K. Gammon, City Clerk, wondered about the southeast corner of Jefferson and 35th Stree She also wondered what would be done about the lot on East Jefferson which was included in the rezoning. Mr. Groves stated that it was his understanding that nothing west of 35th Street would be rezoned. He stated that the meeting with the area residents was held because of the proposal to rezone those parcels, and that all lots would be used for professional offices. He stated tha e (: .,I REGULAR MEETING COMMITTEE OF THE WHOLE MEETING (CONTINUED) there would be a one -way entrance into the property. Councilman Miller made a motion to amend the ordinance by changing the zoning classification from "C" Commercial to "B" Residential, seconded by Councilman Serge. The motion carried. Councilman Kopczynski referred to the photographs Mr. Groves had presented to the Council. He wondered about the use of the trails shown on the pictures. He also wondered about a site plan for the property. Mr. Groves indicated that he did not know what the trails were used for. He explained that an amended site plan would be provided, and he presented the Council with a proposed site plan. Councilman Kopczynski-indicated that many full -grown trees were located on the property. He wondered how many trees would be preserve Mr. Groves indicated that many of the trees would be preserved because there was a great deal of vacant property for construction of the buildings. Councilman Szymkowiak wondered about the number of parking spaces needed, and he asked about possible expansion. Mr. Groves indicated that there would be 133 parking spaces provided for based upon the number of units involved. Councilm Serge wondered about the assessed valuation of the proposed buildings, and Mr. Groves stated that the buildings would be modern professional buildings, and he could not make any comment on the valuation. He pointed out that the property was of no great value being vacant. Councilman Miller asked if all traffic would exit from 35th, and Mr. Groves indicated that it would. Councilman Miller made a motion that the ordinance be recommended favorably to the Common Council, as amended, seconded by Councilman Taylor. The motion carried. Councilman Miller made a motion that items F and G be considered together as they both concerned the redefinition of the word "family" in the zoning code, seconded by Councilman Taylor. The motion carried. ORDINANCES AN ORDINANCE AMENDING CHAPTER 21 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND (redefining types of dwelling units allowed in "A" Residential Districts - initiated by Councilman Parent) and AN ORDINANCE AMENDING CHAPTER 21 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND (redefining types of dwelling units allowed in "A" Residential Districts - initiated by Councilman Szymkowiak). This being the time heretofore set for public hearing on the above ordinances, proponents and opponents were given an opportunity to be heard. Council President Parent made the presentation for the first ordinance. He stated that he had sponsored the ordinance on behalf of the resident of the Harter Heights area. He stated that the ordinance was a result of many telephone calls received by him concerning the issue. He requested that the ordinance be amended as follows: Paragraph 21- 1(a)(6) to read: Boarding house means a building other than a hotel, where lodging and meals are provided for three (3) or more persons whether or not for compensation. Paragraph 21- 1(a)(31) to read: Lodging house means a dwelling, other than a hotel in which more than two (2) persons are given lodging whether or not for compensation. Paragraph 21- 8(a)(5) to read: Uses customarily incident to any of the above uses and not involving the conduct of a business, except that the legal titleholder to a dwelling, living in such dwelling for not less than nine (9) months during the calendar year, may provide lodging for no more than two (2) persons whether or not for compensation. Council President Parent talked about the necessity of preventing the deterioration of the neighborhoods. He indicated that, in many of the "A" Residential Districts, there were land -use changes. He stated that these uses were uncontrolled and not sanctioned because of the vague definition of the word "family" in the zoning ordinance. In 1923, South Bend passed a zoning ordinance which divided the city into districts. At the same time, the ordinances established a procedure for going through zoning changes. He briefly explained the zoning change procedure. He indicated that any number of people could live as a family in a residential district. In the proposed ordinance, the definition of family would be: One or more persons related by blood, legal adoption or marriage, living and cooking together as a single housekeeping unit, exclusive of household servants. A number of persons but not exceeding two (2) living and cooking together as a single housekeeping unit though not related by blood, legal adoption or marriage, shall be deemed to constitute a family. A person or persons residing with a family as hereinabove defined by reason of placement by a publicly licensed placement agency shall be considered as members of that family. Council President Parent stated that it was more profitable to rent property to a number of un- related persons rather than one family. He felt the price rental structure was affected by this. The ordinance would reduce the financial incentive to rent one - family homes at high prices that families could not afford. He talked about the need for the doubling up of poor families. He indicated that instances of this kind were not frequently found in the "A" Residential Districts and, therefore, would not be affected very much. He talked about lifestyles in South Bend and expressed concern that some people feel the ordinance would be "a government intrusion into their homes ". He talked about neighborhood health facilities and the need for these types of rehabili- tation facilities in the neighborhoods. He felt this issue should be dealt with separately. He also felt that homes with many bedrooms might have to be dealt with separately; however, he felt these instances would not occur too often in the "A" Residential District. He urged passage of t ordinance. Mr. Andrew Plodowski, 515 East Angela Boulevard, indicated that he was the attorney representing the A- Residential Association of South Bend, which organization supported the ordinance signed by Ofle 0 REGULAR MEETING APRIL 7, 1975 COMMITTEE OF THE WHOLE MEETING (CONTINUED) Councilman Szymkowiak. He indicated that the association had contacted Councilman Szymkowiak for his help on introducing a reply ordinance to Council President Parent's ordinance. He felt the Parent ordinance dealt with a serious problem existing in the Harter Heights area, as well as other areas. He stated that the problem of absentee landlords was serious. He indicated that new problems should not be created while other problems are being resolved, and he felt the Parent ordinance would create problems. He stated that the Parent ordinance divided the citizens of the city into two groups: those who could live together, and those who could not. He referred to the Village of Belle Terre case recently taken to the Supreme Court. He talked about economic influen versus the rights of the people in a neighborhood. He stated that 75% of the area lived in by the citizens of the city was "A" Residential. He indicated that he was a deacon at St. Hedwig's Church, and he felt that Council President Parent's ordinance would infringe upon his rights as a minister and it would affect his religious freedom. He mentioned the possibility of housing three or more orphans in the case of the death of the parents. He stated that this would be forbidden by Council President Parent's ordinance. He talked about the changes taking place in the church today and the trend of the deacons living in the residential areas in which they would be working. He stated that this would also be affected by the Parent ordinance. He wondered if the Parent ordinance would really solve the problem. He felt restrictions such as Negro or white, Catholic or Jew, Republican or Democrat, and married or unmarried, were not within the scope of the zoning laws. He read excerpts of the opinion of Justice Marshall concerning this. He indicated that the density of unrelated persons was being restricted by the Parent ordinance, and he felt that ordinance violated the rights and liberties of the citizens of the city. He referred to the Supreme Court case of the Village of Shorewood in Wisconsin. He felt that everyone would agree that the absentee landlord was a serious problem, but he felt rational means should be used to establish the goals. He felt the ordinance of the A- Residential Association was a compromise and would deal with the absentee landlords without violating the rights of the citizens. He indicated that amendments had been prepared to the ordinance of the A- Residential Association and had been submitted to the Council members. He stated that the amendments were necessitated because of instances and circumstances that were called to the association's attention after the ordinance had been filed. He indicated that his amended definition of the word "family" included: Two or more persons related by blood, legal adoption or marriage, living and cooking together as a single housekeeping unit, or Two or more persons related by blood, legal adoption or marriage, together with persons unrelated by blood, legal adoption or marriage, living and cooking together as a single, not for profit housekeeping unit where one person is the head of such housekeeping unit, or A widow or widower and persons unrelated by blood, legal adoption or marriage residing in the dwelling unit owned and occupied by such widow or widower, or A person living alone or two (2) persons living and cooking together as a single housekeeping unit though not related by blood, legal adoption or marriage. The number of occupants of any dwelling unit occupied by a family as defined in subsections (2) and (3) of this section shall be limited by fire and health regulations and /or density restrictions. Mr. Plodowski brought up the problem of enforcing the ordinance sponsored by Council President Parent. He felt it would cause more problems and more division among the residents than it was worth. He indicated that the association was willing to establish a commission to look into the issue in an effort to try and come up with a solution to the problem which would be acceptable to the citizens without violating their rights and liberties. He felt the Parent ordinance would violate the right of religion and would put restrictions on religious orders which were not necessary. Mr. Robert Konopa, residing at 1314 Leeper Avenue, and practicing law at 224 West Jefferson Boulevard, stated that, as a point of fact, South Bend really had no "A" or "A -1" Residential Districts because there was not an effective definition for the word "family" in the zoning code. He talked about high density populations, the problems of increased parking and traffic, sanita- tion problems, noise problems, unstability of the neighborhoods, loss of values and eventually banks "red lining ". He stated that, if property deteriorates, the tax base is affected. He indicated that the "A" residential areas were the foundation to the zoning ordinance. He stated that Harter Heights consists of 262 homes and approximately 20 city blocks. He talked about a certain couple owning 29 houses in the community. He indicated that this was merely one example of the problem. He indicated that the amendments proposed by Council President Parent, if incorporated into the ordinance, would not be retroactive. Those structures in existence would not be affected. He, too, referred to the Belle Terre case and the definition of family. The definition incorporated in the Parent ordinance was the same except that it also applied to foste children. He talked about civil and constitutional rights and stated that these rights would not be violated by the Parent ordinance. He briefly mentioned various definitions of the word "famil and "primary family ". He cited to the Council the examples of how the ordinance would work, and he referred to the overlay setting forth the examples. He indicated that the A- Residential Association was comprised of people of the charismatic movement. He again stated that the ordinance would not be retroactive and would only apply to future instances. He stated that the amendments may not be perfect and, after further study, changes could be made if needed. He felt that a change was needed now to check the problem, and the Parent ordinance would do this. Councilman Taylor requested a short recess before the start of the public hearing portion of the meeting. Chairman Newburn agreed. Recessed at 9:20 p.m. Reconvened at 9:40 p.m. Mr. Greg Siedor, 18200A Stoneridge Drive North, indicated that he was the staff attorney for the National Center for Law and the Handicapped located at the Logan Center in South Bend. He stated that he rendered legal assistance for the handicapped and he was addressing one of the rights tha handicapped persons have been denied. He felt that deterioration of the neighborhoods was taking place in South Bend. He stated that handicapped persons needed the neighborhoods because they were particularly vulnerable to the abusive and dangerous members of society. He stated that hospitals and nursing homes were not being discussed, and the homes for the handicapped must be located in the safest part of the city. He felt the Parent ordinance would make illegal group homes for the handicapped. He hoped the Council would deal with this matter in the future. He !e S �> 03 REGULAR MF.ETTNG APRIL 7, 1975 COMMITTEE OF THE WHOLE MEETING (CONTINUED) stated that, if the Council would commit itself to deal with a zone change to permit group homes in the "A" Residential Districts in the near future, the National Center would support any amend- ment which would provide safe and stable family environments for the citizens. Mrs. Lee Swan, 2022 South Swygart Avenue, talked about the definition of the word "family" and the many groups that refer to themselves as family, such as the Charles Manson family. She indicated that she had talked to many people and conducted an impersonal telephone survey with 84 citizens. The response for the definition of family was basically the same: traditional -- father, mother, children, blood relatives. She talked about preserving the rights of the traditional family and indicated that Council President Parent's ordinance contained the traditional definition. Mrs. Shirley Fulton, 503 Blaine Avenue, stated that Webster's Dictionary defined family as "a group or category of like things ". This was merely one of the meanings. She indicated that there was a problem, but she felt the Harter Heights ordinance was not a solution to the problem and would impose too many restrictions and create hardships. She talked about the needs of the senior citizens in the community and felt consideration should be given them. Mr. Kevin Ranaghan, 1003 St. Vincent Street President of the Charismatic Renewal Services, felt that both the members of the Harter Heights Association and the A- Residential Association felt absentee landlordism was a threat to the neighborhood. He also felt there was a good deal of agreement between the two groups. He stated that the A- Residential Association was willing to compromise for the good of the neighborhoods. With a compromise, a total number of people living together would be four, and the A- Residential Association was in agreement with this. He felt there were two differences in the ordinances: the widow question and rights of freedom. He felt the proposal of the A- Residential Association was only slightly broader than the Harter Heights ordinance. He talked about the primary family and the preservation of freedom for additional unrelated persons. He felt the home owner should be able to extend his family within the limits that his house would occupy. He felt the Harter Height ordinance would be discriminatory if not amended. He stated that decisions of the Supreme Court have been overturned, and he indicated that he was personally unaware of implications of persons' characters being made. He hoped the groups could work together to come up with a viable ordinance for the betterment of the community. Mr. Joseph Guentert, 1034 Foster Street, indicated that he lived in the Harter Heights area and he felt that, with the experience he had in the neighborhood, he would have to comment on the absentee landlord situation and the downgrading of the homes. He felt the most responsible group of people were being picked on. He felt there was a fear that the situation would grow out of hand. He commented on the student population. He indicated that, in most places, these homes were very well kept, in his opinion. He felt a way should be found to deal with the irresponsible and this would solve the problem. Mr. Arthur Quigley, President of the Northeast Neighborhood Council, indicated that he wished to speak on behalf of the Executive Board of the Council. He stated that the A- Residential zoning ordinance should be cleaned up. He felt the upgrading of the blighted areas was very important. He stated that he was pleased that a volunteer group of citizens from Harter Heights was able to sit down and address the problem. He encouraged this type of citizen participation. He hoped the Council would take the issue in hand and vote in favor of the Harter Heights ordinance. Mr. Donald Fisher, 909 Riverside Drive, a representative of the Board of Directors of the Park Avenue Neighborhood Association, indicated that his neighborhood was at the borderline of deterioration, and the citizens were desparately trying to save it. He was hopeful that a real sound "A" Residential classification could be made from which to work. Mr. George Jena, 1101 Woodward Avenue, President of the South Bend Home Owners of the Near Northwest Side, supported the Harter Heights ordinance in an effort to try and solve the problem. He mentioned the amount of time and work that had gone into the ordinance. Mr. Ed Burn, renting at 914 Cedar Street, stated that the proposed ordinance would help prevent the problem of absentee landlords. He talked about red lining of the banks and neighborhood deteriora- tion. He stated that the problems currently existing would not be solved but future problems would be. He felt legislation should be directed to the landlord and the problem of ownership should be dealt with. He did not believe that the tenants themselves were to blame for neighborhood deterior, tion. He indicated that the students of Notre Dame wanted to help in solving the problem. He offered their assistance. Mrs. Yvonne Guentert, 814 North St. Louis Boulevard, indicated that she and her husband were the so- called "absentee landlords" being mentioned frequently in the various presentations. She felt that many people did not care and that the whole problem should not be blamed on the absentee landlord. She talked about enforcement of the present city ordinances. She felt many landlords have helped to reverse the deterioration. Mrs. Lawrence Lusk, 213 Napoleon Boulevard, felt the neighborhoods change and she had seen this happen. She felt the Parent ordina was an asset and would help improve the situation. She urged passage of the ordinance. Mr. Frank Riedle, 816 Park Avenue, President of the Park Avenue Neighborhood Association, stated that he was in favor of the Parent ordinance; however, he did not approve of the exceptions. He felt the definition of the word "family" could be abused. Mr. Jim Rauner, 1307 East Colfax Avenue, talked about the pros and cons to both ordinances. He stated that neither ordinance would solve the problem. He felt the problem should be defined and examined. He stated that everyone was talking about the problem of absentee landlords and the general mis -use of the residential neighborhoods. He talked about the definition of family and wondered if this was the best approach to the problem. He indicated that he was somewhat confused about the amendments to the Parent ordinance regarding boarding house and lodging house. He felt both ordinances were limited and additional and existing city ordinances would be needed. He felt those problems should be attacked directly, and he stated that he was willing to support the A- Residential Association's ordinance because it would not go beyond what he felt would be unduly restrictive and meddling. Mr. Ed Mark, 110 Napoleon Boulevard, stated that he supported the Parent ordinance. He referred to statements made by the councilmen regarding the preservation of neighborhoods. He stated that the Council must fulfill its commit - ment and obligations to the citizens. He felt the Council's duty was to vote on behalf of the Parent ordinance. He felt the Council should act now and not delay the issue. Mr. Robert Wellfare United Methodist Minister, stated that he failed to see where the word "family" was more important than the word "residential ". He felt the key word was residential - -that the person reside there. He wondered if the purpose of the concern was being misused. He felt the citizens were being side- tracked. He felt the Parent ordinance was infringing upon his desire to "put roots into the community ". He felt the Parent proposal was contrary to the scriptures. He felt there were no cases that would definitely show that deterioration was caused by an extended family. He talked about free enterprise and individual ownership. Ms. Angela Olson, 1413 East McKinley, felt that neither of the ordinances would prevent the problem and the ordinances were discriminatory to cer- tain groups of people. She indicated that she was opposed to the two ordinances and she felt false assumptions had been made as to the cause of deterioration. Mr. John Malone, 126 East Pokagon, felt the problem was well defined. He felt action should be taken now to stop the problem. He stated that the problem was the definition of family, and he felt that the Parent ordinance was the best definition because it accepted the problem and was not discriminatory. Mr. Don Chase, 1067 REGULAR MEETING APRIL 7, 1975 COMMITTEE OF THE WHOLE MEETING (CONTINUED) Woodward Avenue, supported the Parent ordinance. He talked about the inner city problem in existence. He talked about the blight in the southeast neighborhood. He felt the Parent ordinanc( could help to arrest the problem. Mr. Daniel Guentert, 814 North St. Louis Boulevard, talked about neighborhood cleanup. He indicated that he had requested help and assistance from Council Presides Parent regarding this problem and had received no reply. He felt this was a major cause of neighborhood deterioration. Mr. Thomas Huebing, 17298 Willowbrook Drive, talked about his experience in renting. He felt the wrong approach was being taken to the problem as far as the definition of the word "family ". Mr. Russell Sanford, 11352 Portage, talked about personal rights and the workable definition of family and a strict definition. He felt the ordinance sponsored by the A- Residential Association was less restrictive as far as a person's rights was concerned. He felt the A- Residential Association addressed itself to the problem and he felt the ordinance shoulc be studied to see if it would solve the problem. He felt the Council should look at the current violations and see if the less restrictive proposal would solve the absentee landlord problem. Mrs. Margaret Langford, 109 Napoleon Boulevard, felt the Area Plan Commission report showed there was deterioration caused by high density areas. She felt the Parent ordinance was urgently needed in the City of South Bend. She wondered about the worth of the whole city zoning ordinance. She talked about absentee landlords and the problems when a number of houses were owned and not taken care of. She talked about the demolition of homes in the city and the housing cycle. She felt code enforcement was very important once the issue being considered was settled. She stated that the Parent ordinance, in her opinion, was a good start in helping to solve the problem. She indicated that her only disagreement to the ordinance sponsored by the A- Residential Association was the definition of the word "family ". Mr,s. Louvenia Cain, 1207 West Washington Avenue, stated that she was speaking as a concerned citizen. She felt Mrs. Langford had made the issue very clea: She urged passage of the Parent ordinance. Mr. Mark Timler, 820 Northwood Drive, talked about his work as a social worker for retarded children. He indicated that he now worked with the Charismatic Renewal. He indicated that he would hate to see this work hindered by the adoption of the Parent ordinance. Mr. Ronald Olsen, 1106 Clover, indicated that his basic objection to the Parent ordinance was that it did not protect the involvement of children placed in a home in order that they not be made wards of the court. Mr. Konopa indicated that this was not a problem because the children would be under the custody of the courts which would have the authority to place the children in a home despite any restrictions contained in a city ordinance. Mr. Walter Willis, Jr. 1119 West Colfax Avenue, indicated that he would hate to have to make a decision on the issue; however, he felt sure the Council would act accordingly. Mrs. Glenda Ray Hernandez, 702 East South Street, recognized the difficulty of the task before the Council. She felt the final decisii would be important and should be based on careful thought and study. She, too, talked about the problems of neighborhood deterioration. She felt the mere definition of the word "family" would not solve the problem. She felt the Counca.- -ssre1 •be e = remely cautious in restricting, the expanded family. She felt interior size of the structures would help to solve the problem of number of persons within a home. She hoped adequate enforcement would be provided so that the comprehensive approach could be accomplished. Mr. Al Soennecker, Executive Director of the Counci, for the Retarded, talked about the concern for the handicapped persons. He stated that, by talkin, with the parents of handicapped children, they expressed objection to the Parent ordinance. He, too, felt that this issue should be considered separately and, if this was done, there would be no real objection to the Parent ordinance as far as the handicapped were concerned. Mr. Bernard Teah 116 Peashway, felt the Parent ordinance was coming at a poor time becuase of the primary election only a short time away; however, he hoped the Council would act intelligently on the matter. Mr. Joseph Zakas, 1203 North Notre Dame Avenue, talked about the definition of a single housekeeping unit which was included in the ordinance. He felt the Parent ordinance was opposed to family life Mr. John Uhran, 1349 East Monroe Street, commented generally about zoning and the lack of needed zoning within the city. He felt zoning allowed for citizen input and a commission was not needed to study the problem further. He felt the decision should be made now. He indicated that he was speaking in favor of the Parent ordinance. He felt the Parent ordinance would allow for an extended family, and there was nothing wrong with restrictions whether they be zoning or otherwise In the A- Residential Association's proposal, the word "owner" had not been changed to titleholder, and he felt this was a serious flaw. He also felt there was a problem of economic skew. He indicated that any problems that might exist in the Parent ordinance could be corrected. Manuel Garcia expressed support of the Harter Heights proposal because he felt it would help to stop the deterioration of the homes in the neighborhoods. Mr. Plodowski indicated that many persons supporting the Parent ordinance were under the impression that a widow could have three persons living with her. He felt that, without cooking and living together, only two persons would be allowed. He asked for a clarification on the matter. Mr. Konopa commented sarcastically, at which time Chairman Newburn asked that Mr. Konopa simply answer the question asked. Council President Parent indicated that the word "family" was clearly defined and a widow could have up to three other persons living in her house. Mr. Paul DeCellas, 809 East Angela Boulevard, stated that he felt strongly about the A- Residential proposal; however, he felt this was not the time for the Council to make a decision on the matter. He felt both groups were not very far apart on a compromise to the problem, and he was sure a compromise could be reached in due time. Mr. Jim Langford, 109 Napoleon Boulevard, indicated that many homes had been deteriorated and nothing was being done to solve the problem. He felt too much time had been taken on the issue, and he felt the A- Residential Association wanted a "blank check" to continue the deterioration. Mr. Gerald Kline, 113 West North Shore Drive, expressed concern of preservation, including historic preserva- tion. He talked about the amount of time and money he had put into his home. He felt action should be taken now and he supported the Parent proposal. Another student residing at 1203 North Notre Dame Avenue, Joe Bajdakas, felt the A- Residential Association referred to a single family unit and it was clearly defined. Mr. Dick Keusch, 1845 Winston felt no one was arguing about neighborhood deterioration. He felt adjustments should be made on both sides. Mr. Steven Hurtt, 1117 North St. Joseph Street, stated that physical deterioration was not the only thing being dis- cussed, but also social deterioration. He felt the problem could not be solved with a definition of the word "family ". He indicated that many persons have suggested that there are alternative meanings. He urged adoption of the Parent ordinance. Councilman Miller complimented the citizens. He felt many worthwhile points had been brought out. He stated that the proposals were zoning ordinances and not social or building codes or a bill of rights. He felt many issues could be taken care of in a separate ordinance, such as the problem with the handicapped. He felt the religious situation might also need a separate discussion. Deterioration of housing was also an issue which the Council had already addressed itself to. He felt the "A" Residential District would have to be enforced and interpreted by everyone. He felt this clarification was needed, and the Council should "come to grips with the matter ". He It REGULAR MEETING APRIL 7 197 COMMITTEE OF THE WHOLE MEETING (CONTINUED) recommended that the Parent ordinance be amended and then acted upon favorably. Councilman Szymkowiak stated that he was glad to see the citizen participation at the meeting. He felt both ordinances were well done and there was very little difference. He stated that he had signed the ordinance of the A- Residential Association in order to bring it before the Council. He expressed concern for the handicapped. Councilman Kopczynski asked for a show of hands from those people in the audience who resided in the Sixth District'. He stated that there were shortcomings in both ordinances. He talked about widows and their need to rent in order to receive an income. He could not understand how people who have resided in the city only a couple years could suddenly be experts on the problems facing South Bend. He stated that he had requested, over two and one - half years ago, an explanation of the causes of deterioration and had never received a reply from Dr. John Kromkowski, the then director of the Human Resources Department. He felt the problem was being attacked in the wrong way and he felt neither ordinance would help solve the problem. He felt it was very obvious what was happening and the laws of the city were not being enforced. He stated that the ordinances being considered were insignificant to the problem, and the zoning laws must be enforced. Councilman Serge stated that he, too, felt the laws should be enforced and some solution to the problem would be given. He felt the Parent ordinance was more restrictive; however, he hoped there would be more time to consider the issue. Chairman Newburn stated that he wanted to give credit to both sides and he indicated that he really appreciated the citizens' comments concerning an issue that was very controversial. He indicated that he would not be pressured into making a decision, and he felt the two ordinances could be drawn together and the majority of the people would be satisfied. He stated that not everyone would be pleased with the outcome. Council President Parent indicated that every ordinance could be improved upon. He felt compromises had been made on his proposal, and he stated that he had conducted a meeting concernin the matter and considerable time had been put into the issue. He hoped there would not be a delay He wondered what further compromise would be possible. He urged passage of the ordinance at this time, rather than delaying the issue. Council President Parent made a motion to amend the ordinance he had sponsored as he had requested earlier in the public hearing, seconded by Councilman Miller. The motion carried. Councilman Taylor stated that he felt, if he was to vote on the ordinance at this time, he would be doing so because many people wanted action. He felt this was not wise. He stated that he recognized that the issue was important and should be dealt with. He stated that, when he was ready, he would take a clear -cut stand; however, he felt, at this time, that he would like a minimum of 30 days to reflect on the comments made. He indicated that the citizens involved had spent much time researching the matter and the councilmen had not been given that opportunity. Councilman Horvath, felt the ordinances would not stop deterioration but might have some affect on the problem. He, too, felt more time was needed on behalf of the Council in view of the many comments made by the citizens. Council President Parent made a motion that the ordinance be recommended favorably to the Common Council, as amended, seconded by Councilman Miller. Chairman Newburn requested a roll call vote on the motion. The motion carried by a roll call vote of five ayes (Councilmen Serge, Szymkowiak, Miller, Newburn and Parent) and three nays (Councilmen Taylor, Kopczynski and Horvath) with Councilman Nemeth absent. Councilman Miller then made a motion to strike the ordinance of the A- Residential Association, signed by Councilman Szymkowiak. The motion was seconded by Council President Parent. The motion carried. There was a request for a short recess. Recessed at 12:15 a.m. Reconvened at 12:35 a.m. ORDINANCE AN ORDINANCE REGULATING SALARIES PAID TO CITY OFFICIALS AND EMPLOYEES. Councilman Miller made a motion to continue the public hearing to the April 21, 1975, regular meeting of the Council, seconded by Councilman Kopczynski. Council President Parent felt the public hearing could be conducted at this time. Councilman Miller indicated that the ordinance h been sponsored by Councilman Nemeth and he was not at the meeting to make a presentation of the ordinance as he was ill. He felt it was only fair to continue the public hearing. 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 being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Michael Carrington, Public Safety Director, made the presentation for the ordinance. He explained that the funds would be used to complete the furnishing of Fire Station No. 4, which would include the purchase of a gas range, three refrigerators, 40 beds and lockers, dining -room chairs and tables. Councilman Kopczynski wondered if the new---station was built according to the recommendations of the National Insurance Association. Mr. Carrington indicated that he could not answer Councilman Kopczynski's question. Councilman Kopczynski wondered if Mr. Carrington agreed that the location of the station was adequate, and Mr. Carrington indicated that he would go along with the recommen dation of the Fire Chief on the matter. Councilman Kopczynski indicated that the location of the fire station was not the site recommended in a study made which cost the city $30,000. He felt the location of this station would not upgrade the city's fire rating. He felt the safety directo should research the entire issue. He asked that the ordinance be tabled until such a time that answers were given as to why the fire station was constructed at the Olive Street site. Mr. Carrington indicated that the station was already constructed, and he hoped the department could occupy the station as soon as possible so that it could be put to use. Councilman Szymkowiak stated that he was under the impression that the cost of furnishing the station was included in th original price tag. Mr. Carrington talked about the increase in materials. He indicated that the original amount was primarily for the construction and landscaping. Councilman Szymkowiak indicated that the station had been cut down from its original proposal. He could not understand REGULAR MEETING APRIL 7 1975 COMMITTEE OF THE WHOLE MEETING (CONTINUED) why additional funds were now needed in view of this cutback. Mr. Walter Lantz, Chief Deputy Controller, indicated that the money for the station was the residue from the 1971 bond issue. Th prices for purchasing and building and construction would not directly relate to prices in 1975. Councilman Szymkowiak indicated that, when the cutback was made, the Council was not notified. He stated that the Council had not seen the plans for the final proposal. Councilman Miller indicate that he was glad to see the cutback from the four bays to three bays; however, he wondered about the need for 40 beds and 40 lockers. He wondered if there were 15 men per engine, and Mr. Carrington indicated that he could not answer that question. Councilman Miller felt that the fina decision concerning the station had already been made by the administration and he felt the Counci should just go along with the matter because the construction had been completed. Mr. Lantz stated that all the material pertaining to the fire station was on file for public inspection and the bids had been opened at public hearings. Councilman Miller indicated that a number of the councilmcn were on record opposing the placement of the station, and he stated that the original bond issue indicated that an anticipated station would go out on Bendix and this had been generall discussed. He stated that the procedure was legal; however, it left the Council out of the policy making decision concerning the location of the station. He indicated that he objected to this. Councilman Serge felt the ordinance should be acted upon favorably and he could see no reason for debate by the councilmen at this time. Council President Parent indicated that he was in favor of passage of the ordinance. Councilman Kopczynski stated that he realized that the No. 4 station was not "fit to live in ". He stated that the administration had spent a great deal of money on putting the new station at the new location. He could not see that the Council should appropriate additional funds until some answers were given. He recommended that the Council not appropriate the funds until the answers were set forth. Councilman Horvath indicated that the building had be constructed and it would still have to be furnished. He could not understand why the Council shou hold up the appropriation of the $4,500 requested for the furnishing of the station. Councilman Horvath made a motion that the ordinance be recommended favorably to the Common Council seconded by Council President Parent. Councilman Szymkowiak indicated that he was not trying to blame Mr. Carrington for the situation. He indicated that he wanted to make that clear; however, he stated that he felt the Fire Chief should have been present to make an explanation of the ordinance and the request for funds. The motion carried with Councilman Kopczynski opposing. 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 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 the request for funds, indicating that the department's Miley- Blomberg paint striper machine was in need of a rebuild and an estimate had been received for $4,689.35. He pointed out that the normal life expectancy of such a machine was five years, and the city's machine was now ten years old. He stated that a new machine would cost between $20,000 and $25,000. Mrs. Shirley Fulton, 503 Blaine Avenue, stated that she hoped the machine would paint the stripes on Lincolnway West. Mr. Farrand indicated that Lincolnway West was a state highway; however, he hoped the striping could be accomplished. Councilman Horvath made a motion that the ordinance be recommended favorably to the Common Council seconded by Council President Parent. The motion carried. There being no further business to a motion to rise and report to the ATTEST: 4�� K )a�� ITY CLERK REGULAR MEETING - RECONVENED come before the Committee of the Whole, Councilman Taylor made Council, seconded by Councilman Horvath. The motion carried. ATT CHAIRMAN Be it remembered that the regular meeting of the Common Council of the City of South Bend, Indiana reconvened in the Council Chambers at 1:00 a.m., Council President Parent presiding and eight members present and one member absent. 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 respectfully report that it has inspected the minutes of the March 24, 1975, regular meeting of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. s/ Roger 0. Parent Councilman Newburn 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 Newburn made a motion to waive the reading of the report of the Committee of the Whole, seconded by Councilman Horvath. The motion carried by a roll call vote of eight ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Newburn and Parent) with Councilman Nemeth ahaAn-F REGULAR MEETING nnRTL 7 1975 REGULAR MEETING - RECONVENED (CONTINUED) ORDINANCES, SECOND READING ORDINANCE NO. 5820 -75 AN ORDINANCE ESTABLISHING A MERIT SYSTEM OF PROMOTIONS FOR THE BUREAU OF POLICE OF THE CITY OF SOUTH BEND. This ordinance had second reading. Councilman Taylor.indicated that the original ordinance which was filed in the Clerk's Office contained a few minor typographical errors. He asked that the Council amend the ordinance accordingly. He made a motion to amend the ordinance at page 4, in the second paragraph, last line, to change the word "or" to the word "of" so that the last line would read "specific assignment and not a refusal of promotional consideration ". Further, at page 6, in the second paragraph, third line, change the figure "(3)" to "(30) ". Further, at page 6, delete the last two sentences from Section XII. Councilman Miller seconded the motion to amend. The motion carried. Councilman Taylor then made a motion that the ordinance pass, as amended, seconded by Councilman Newburn. The ordinance passed by a roll call vote of eight ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Newburn and Parent) with Councilman Nemeth absent. ORDINANCE NO. 5821 -75 AN ORDINANCE ESTABLISHING A MERIT PLAN STUDY COMMISSION. This ordinance had second reading. Councilman Taylor made a motion to pass the ordinance, seconded by Councilman Serge. The ordinance passed by a roll call vote of eight ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Newburn and Parent) with Councilman Nemeth absent. ORDINANCE NO. 5822 -75 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA (property located south of Dunham Street and north of the New Jersey, Indiana and Illinois Railroad tracks). 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 eight ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Newburn and Parent) with Councilman Nemeth absent. ORDINANCE NO. 5823 -75 AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LANDS (Place and Company). This ordinance had second reading. Councilman Taylor made a motion to pass the ordinance, seconded by Councilman Kopczynski. The ordinance passed by a roll call vote of eight ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Newburn and Parent) with Councilman Nemeth absent. ORDINANCE NO. 5824 -75 AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO. 4990 -68, CHAPTER 40 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, FORMERLY REFERRED TO AS ZONING ORDINANCE NO. 3702, AS AMENDED (3500 and 3600 blocks of East Jefferson). This ordinance had second reading. Councilman Newburn made a motion to amend the ordinance as amended in the Committee of the Whole, seconded by Councilman Miller. The motion carried. Councilman Serge then made a motion to pass the ordinance, as amended, seconded by Councilman Szymkowiak. The ordinance passed by a roll call vote of eight ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Newburn and Parent) with Councilman Nemeth absent. ORDINANCE NO. 5825 -75 AN ORDINANCE AMENDING CHAPTER 21 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND (redefining types of dwelling units allowed in "A" Residential Districts - initiated by Councilman Parent). This ordinance had second reading. Councilman Miller made a motion to amend the ordinance as amended in the Committee of the Whole, seconded by Councilman Newburn. The motion carried. Councilman Serge then made a motion to pass the ordinance, as amended, seconded by Councilman Miller. The ordinance passed by a roll call vote of six ayes (Councilmen Serge, Szymkowiak, Miller, Horvath, Newburn and Parent), one abstention (Councilman Taylor), one nay (Councilman Kopczynski) with Councilman Nemeth absent. ORDINANCE AN ORDINANCE AMENDING CHAPTER 21 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND (redefining types of dwelling units allowed in "A" Residential Districts - initiated by Councilman Szymkowiak). Councilman Newburn made a motion to strike the ordinance, seconded by Councilman Miller. The motion carried. ORDINANCE AN ORDINANCE REGULATING SALARIES PAID TO CITY OFFICIALS AND EMPLOYEES. Councilman Miller made a motion to continue the ordinance to the April 21, 1975, regular meeting of the Council, seconded by Councilman Taylor. The motion carried. REGULAR MEETING APRIL 7, 1975 REGULAR MEETING - RECONVENED (CONTINUED) ORDINANCES, SECOND READING (CONTINUED) ORDINANCE NO. 5826 -75 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 ADMIN- ISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC SAFETY. This ordinance had second reading. Councilman Miller made a motion to pass the ordinance, second by Councilman Serge. The ordinance passed by a roll call vote of seven ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Horvath, Newburn and Parent) and one nay (Councilman Kopczynski) with Councilman Nemeth absent. ORDINANCE NO. 5827 -75 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 second reading. Councilman Newburn made a motion to pass the seconded by Councilman Taylor. The ordinance passed by a roll call vote of eight Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Newburn and Parent) with absent. RESOLUTIONS RESOLUTION NO. 476 -75 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 DEVELOPMENT, AN APPLICATION FOR COMMUNITY DEVELOPMENT FUND UNDER TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974. ordinance, ayes (Councilmen Councilman Nemeth WHEREAS, the.Mayor of the City of South Bend is the Chief Executive Officer of the City, and is the Applicant for Community Development funds under Title I of the Housing and Community Development Act of 1974. NOW, THEREFORE, BE IT RESOLVED THAT THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: . SECTION I. Hereby establish the authority of the Mayor of the City of South Bend to submit an application, heretofore attached, for Three Million Five Hundred and Forty -Seven Thousand Dollars ($3,547,000.00) to the United States Government, Department of Housing and Urban Development under Title I of the Housing and Community Development Act of 1974. SECTION II. For each program activity as established under this resolution, the Mayor shall submit to the Common Council a line item budget in ordinance form prior to expenditures of any grant money received upon approval of this application. s/ Roger 0. Parent Member of the Common Council A public hearing was held at this time on the resolution. Mr. William Hojnacki, Director of the Department of Human Resources and Economic Development, indicated that the only additional infor- mation he had to offer the Council was a letter written by the Mayor responding to the amount of $450,000 in the future planning category of the grant application. He indicated that copies of the letter had been distributed to the councilmen. He stated that this money would be a continua- tion of the program that had been going on for a number of years in the Downtown Urban Renewal Project. Mrs. Jane Cobb, Executive Director of the YWCA, indicated that she had previously requested $20,000 to make urgent repairs to the YWCA structure. She stated that the first request made last November was for $20,000 which would include: $4,000 for installation of auxiliary lighting; $6,000 to correct the moisture problem in the walls and basement; $6,500 to replace bathroom fixtures; $800 to replace the water pumps; $700 for acoustical tile; and $2,000 to repair the wood around the windows. She stated that the roof, at this time, was also desperately in need of repair. She indicated that it was the original roof and was over 50 years old and has been patched several times to date. She indicated that a cost estimate had been made in the amount of $10,000 to $12,000, and for that reason, the YWCA wished to increase its request for funds from $20,000 to $30,000. Councilman Taylor wondered if the Council could legally change the resolution to include the increased request for funds. Mr. Hojnacki indicated that the critical point in the application would be the lump sum budget. Any amounts within those lump sums could be moved aroun He did not feel it was necessary to create a special line item for the request. He felt it could be part of the money for the program. Councilmen Taylor, Serge, Newburn and Szymkowiak supported the request for $30,000 for the YWCA. Mr. John Oxian, Vice President of the Historic Preservation Commission, indicated that he had also requested funds at the last meeting for the commission in the amount of $25,000. He repeated that the commission could not operate without the funds becaus a survey was mandated. He stated that the request would be a "one -shot deal ". Dr. Lillian Stanto spoke on behalf of the YWCA request. She felt the request was justified within the grant purposes She urged that the amount be appropriated by the Council. Mrs. Shirley Fulton, 503 Blaine Avenue, also expressed support of the request of the YWCA. Councilman Serge made a motion to show Council support of the request for funds for the YWCA, seconded by Councilman Kopczynski. Councilman Miller wondered where the money would come from. 6 0 l� REGULAR MEETING APRIL 7 1975 IREGULAR MEETING - RECONVENED (CONTINUED) Chairman Newburn wondered if the Council could work this out with Mr. Hojnacki in caucus. Counci Miller felt the resolution should provide for Council review of the budget before expenditures. He felt that would take care of any problem in the future. The motion carried. (Councilman Miller then made a motion to insert a new Section II in the resolution as follows: For each program activity as established under this resolution, the Mayor shall submit to the Common Council a line item budget in ordinance form prior to expenditures of any grant money received upon approval of this application. Councilman Kopczynski seconded the motion. The motion carried. Councilman Miller also made a motion to include the following as a C -12 objective to the grant application: Develop program for code enforcement - First year goal: Propose a neighborhood standards ordinance and a housing inspection ordinance to provide clear powers and responsibilities for housing inspectors. Councilman Kopczynski seconded the motion. The motion carried. Councilman Miller then stated that he wished to change some of the amounts incorporated in the grant application. He felt all the Substandard Building Department funds should be put under the Community Development program and change $15,000 from the planning and management category. He asked if this could be accomplished. Mr. Hojnacki indicated that the area officials' opinion was that all the substandard building costs and demolition could not be put under the Community Development program. He stated that HUD funds could only be used in those areas designated by the city as those areas needing housing assistance. Councilman Miller asked that something be developed on the Niles Avenue project, and Mr. Hojnacki indicated that the document would be subject to review in six months. Councilman Serge wondered about the request for funds by the Historic Preservation Commission. Mr. Hojnacki indicated that he supported the idea; however, the survey to be conducted must be made on a county -wide basis. He was not sure of the total dimensior of the survey at this time, and he stated that he would like to take a good look at the request as it would be an administrative function. Councilman Newburn made a motion to adopt the resolution, as amended, seconded by Councilman Serge, The resolution was adopted by a roll call vote of eight ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Newburn and Parent) with Councilman Nemeth absent. RESOLUTION A RESOLUTION OF THE COMMON COUNCIL TO STUDY GUIDELINES NECESSARY TO PREVENT CONFLICTS OF INTEREST. A public hearing was held at this time on the resolution. Councilman Miller explained his reasons for sponsoring the resolution. He talked about the improvement of the image and responsibility of the Council. He stated that ethics and city -wide conflicts of interest was a concern. He indicat that a bill was being considered in the legislature on conflicts of interest, and he felt that, as a legislative body, the Council should discuss the issue of checking standards. He felt it was a fitting time to have this sort of an issue discussed openly by the Council. He recommended that the Council act favorably on the resolution in order that good guidelines could be established. Councilman Kopczynski wondered what recent incident had prompted the preparation of the resolution. Councilman Horvath stated that he felt the resolution was political. He stated that the resolution should be taken to the Committee of the Whole. He made such a motion, seconded by Councilman Newburn. He indicated that the Council had the authority to call an investigation, and he felt the resolution was not necessary and also was politically motivated. Councilman Taylor stated that he could not see how anyone could be against the concept of the resolution. He referred to the draft outline of the resolution concerning the employment of a city employee as a vendor. He wondered about the moonlighting of the policemen and firemen. He stated that, in dealing with the ethics legislation, it would be time consuming if done in the right manner. Councilman Kopczynski talked about a particular case of conflicts of interest concerning work not being done for the taxpayers. He stated that an initial investigation showed that the particular employee involved was not spending enough time on his job. He felt the resolution should be wholeheartedly adopted by the Council. Councilman Szymkowiak agreed with Councilman Kopczynski. Council President Parent made a motion to strike the second Whereas clause from the resolution and insert the word "elected" in the first and last Whereas clause where it referred to officials and employees. He further amended the resolution to insert the words "elected officials" after the word "employees" in Section 2. Councilman Miller seconded the motion to amend. The motion carries Councilman Miller felt an issue such as this needed to be brought out in public and debated. He felt there was very valuable input from the citizens when certain matters were brought out in the open. He felt the resolution was needed in case the Council wished to subpoena any individuals in the futurein an investigation. Councilman Newburn indicated that the Council did not operate behind closed doors. He wondered if Councilman Miller was trying to imply that. He stated that the caucuses have been open to the press. Councilman Kopczynski stated that he felt Councilman Newburn had made an incorrect statement. He stated that he had sponsored a resolution to open all caucus meetings to the press because of a recent controversy concerning a closed meeting. He reminded Councilman Newburn that his resolution had been defeated by the Council. Council Presider. Parent indicated that, "99.9 percent of the time, caucuses were open to the public ". There was a call for the question on the original motion to refer the resolution to the Committee of the Whole. Council President Parent requested a roll call vote on the motion. The motion carried by a roll call vote of five ayes (Councilmen Serge, Taylor, Horvath, Newburn and Parent) and three nays (Councilmen Szymkowiak, Miller and Kopczynski) with Councilman Nemeth absent. RESOLUTION NO. 477 -75 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE AWARDING OF THE FIFTEEN CONTRACTS IN EXCESS OF $5,000 FOR REHABILITATION WORK IN THE SOUTHEAST NEIGHBORHOOD DEVELOPMENT PROGRAM. WHEREAS, under provisions of Ordinance No. 5689 -74, passed by the South Bend REGULAR MEETING APRIL 7 1975 REGULAR MEETING - RECONVENED (CONTINUED) RESOLUTION NO. 477 -75 (CONTINUED) Common Council of June 24, 1974, all contracts in the Neighborhood Development Program in excess of $5,000 must be approved by the Common Council; and WHEREAS, low bids for fifteen properties to be rehabilitated under the Neighborhood Development Program have exceeded $5,000. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana: 1. That approval be granted to the Redevelopment Commission of the City of South Bend, Indiana, to enter into a contract with ABC Plumbing and Heating, Inc., for the rehabilitation of the following properties: 13 Baker's lst 55 Wenger's 4th 134 E. Ohio 611 E. Wenger $5,661.94 6,422.55 2. That approval be granted to the Redevelopment Commission of the City of South Bend, Indiana, to enter into a contract with Ted Combs Decorating & Construction, Inc., for the rehabilitation of the following properties:. 316 Wenger & Krieghbaum 1st 160 Replat of Wenger's 6th 98 Wenger's 4th S Elder's Place 1311 S. Fellows 5,723.05 520 E. Pennsylvania 6,141.31 507 E. Keasey 5,030.61 1226 S. Carroll 5,062.94 3. That approval be granted to the Redevelopment Commission of the City of South Bend, Indiana, to enter into a contract with Barany Heating & Sheet Metal for the rehabilitation of the following properties: U Elder's Pl. Add. 310 E. Paris 26 Keasey's Sub. 217 E. Keasey 5 Keasey's Sub. 112 E. Keasey 165 Wenger's & Kreighbaum 1318 S. Fellows 2 Dubail's & Keltner's 1816 S. St. Joseph 207 Wenger's & Krieghbaum 1411 S. Rush 25 Wenger's 2nd 718 E. Ohio 43 Wenger's 3rd 725 E. Wenger 75 Elder Place 236 E. Paris 5,500.00 6,200.00 5,700.00 5,400.00 5,600.00 5,200.00 5,195.00 5,150.00 6,450.00 s/ Terry S. Miller Member of the Common Council A public hearing was held at this time on the resolution. Mr. Keith Crighton, Director of the Bureau of Housing, explained that approval by the Council was required on all contracts in excess of $5,000 on the rehabilitation work done in the southeast side program. Councilman Kopczynski stated that, in two previous instances, the Council had approved similar resolutions. He wondered if any of the houses which had been rehabilitated had been sold. Mr. Crighton indicated that he was not aware of any. Councilman Kopczynski asked for a report from Mr. Crighton as soon as one of the homes recently rehabilitated under the program was sold by an owner. Councilman Miller made a motion to adopt the resolution, seconded by Councilman Kopczynski. The resolution was adopted by a roll call vote of eight ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Newburn and Parent) with Councilman Nemeth absent. RESOLUTION NO. 478 -75 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND CREATING A BODY CORPORATE AND POLITIC TO BE KNOWN AS THE SOUTH BEND CIVIC CENTER BUILDING AUTHORITY. WHEREAS, the City of South Bend, Indiana, pursuant to the provisions of Indiana Code 1971, 19 -7- 18.5 -1, has the authority to create by the adopting of an appropriate resolution an authority for the purpose of financing, acquiring, constructing, equipping and leasing to the City of South Bend land and a building or building for civic purposes; and WHEREAS, it is deemed to be in the best i- nterests of the City of South Bend, and advisable for said city, to establish such an authority for the financing, acquiring, constructing, equipping and leasing to the City of South Bend land and a building or buildings for civic purposes. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend as follows: SECTION I. That there is hereby created, pursuant to the provisions of the Indiana Code 1971, 19- 7- 18.5 -1, an authority for the purpose of financing, acquiring, constructing, equipping and leasing to the City of South Bend land and -a building or buildings for civic purposes. SECTION II. That such authority created herein shall be a body corporate and politic, and shall be known as the "South Bend Civic Center Building Authority ". Section III. That the Clerk of the City of South Bend is directed to file forth- with a certified copy of this resolution with the Judge of the St. Joseph County Circuit Court as provided for by Indiana Code 1971, 19 -7- 18.5 -1. REGULAR MEETING A? RI.I�Z, —L9_7 5 REGULAR MEETING - RECONVENED (CONTINUED) RESOLUTION NO. 478 -75 (CONTINUED) SECTION IV. This resolution shall be in full force and effect from and after its adoption by the Common Council, and its approval by the Mayor of the City of South Bend, Indiana, and upon a signing of the amended state legislation by the Governor. s/ Frank Horvath Member of the Common Council A public hearing was held at this time on the resolution. Mr. Rollin Farrand, Director of the Department of Public Works, indicated that he would make a presentation for the resolution. It was indicated that the resolution was self - explanatory and it was felt there was no need for a further explanation. Councilman Miller made a motion to amend the resolution as follows: Delete the words "recently enacted" in the first Whereas clause and add the following phrase to Section IV: "and upon a signing of the amended state legislation by the Governor ". Councilman Szymkowiak seconded the motion to amend. The motion carried. Councilman Taylor then made a motion to adopt the resolution, as amended, seconded by Councilman Serge. The resolution was adopted by a roll call vote of eight ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Newburn and Parent) with Councilman Nemeth absent. ORDINANCES, FIRST READING ORDINANCE AN ORDINANCE APPROVING THE FORM AND TERMS OF THE LEASE AGREEMENT AND INDENTURE OF TRUST AND INDUSTRIAL DEVELOPMENT REVENUE BONDS AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO IBS INVESTMENTS, INC. This ordinance had first reading. Councilman Taylor made a motion to set the ordinance for public hearing and second reading on April 21, 1975, seconded by Councilman Kopczynski. The motion carried. ORDINANCE AN ORDINANCE AMENDING THE FAIR CAMPAIGN PRACTICES ACT OF THE CITY OF SOUTH BEND. This ordinance had first reading. Councilman Miller made a motion to refer the ordinance to the Committee of the Whole, seconded by Councilman Newburn. Council President Parent felt a personal financial disclosure as called for in the.ordinance should be required. He opposed the motion of referring the ordinance to the Committee of the Whole. He indicated that he had made it a practice to file a personal financial statement every year, and he encouraged others to do the same. Councilman Miller wondered if the disclosure should be incorporated in the Fair Campaign Practices Act. He disagreed that the personal financial statement should be incorporated into the Fair Campaign Practices ordinance. He indicated that the state legislature was in the process of enacting a bill concerning personal financial disclosure. The motion carried. UNFINISHED BUSINESS Councilman Kopczynski asked the City Clerk to write a letter to the Board of Public Works con - cerning the location of the North Olive Street fire station and why the station was chosen to be located there rather than at Lathrop and Bendix. He asked that the letter include a request for a copy of the study done on May 19, 1965. Councilman Taylor indicated that he wished the minutes to show that the police officers had taken a vote concerning the adopted merit plan by the Council. He stated that there were approximately 265 police officers on the department. He indicated that 73 of the officers had voted against the adoption of the merit plan; however, not one of the 73 in objection to the plan had chosen to come to the public hearing and voice their opinions. Councilman Kopczynski wondered why those policeme had not appeared at the public hearing. Councilman Taylor indicated that he had talked to a couple officers in the lobby, which officers had apparently arrived at the meeting after the public hearing had been concluded. Councilman Serge indicated that the Northwest Home Owners Association was sponsoring a cleanup week starting April 19th. The organization was concerned as to why they had to pay the county for dumping charges when they were trying to do something for the community as far as beautification. He wondered why this charge was being made for dumping. There being no further business to come before the Council, unfinished or new, Councilman Taylor made a motion to adjourn, seconded by Councilman Horvath. The motion carried, and the meeting adjourned at 2:10 a.m. ATTEST: APPROVED CITY CLERK TRE-SIDFA ++++++++++++++++++++++++++++++++++++++++++. .... + + + + + + + + + + + + + + + + + + + + + + + + + ++