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HomeMy WebLinkAbout05-12-75 Council Meeting Minutes++++++++++++++++++++++++++++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + "-F- ++ ++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++ REGULAR MEETING MAY 12, 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, May 12, 1975, at 7:02 p.m., Council President Roger 0. Parent 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, Nemeth, Newburn and Parent. ABSENT: None. Councilman Taylor made a motion to resolve into the Committee of the Whole, seconded by Councilman Horvath. 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, May 12, 1975, at 7:03 p.m., with nine members present. Chairman Odell Newburn presided. ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 40, MUNICIPAL CODE) - 407 East Howard Street. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. No one was present to make a presentation of the ordinance at this time and Chairman Newburn suggested that the Council conduct its public hearings for the remainder of the ordinances and come back to this matter before returning to the Council portion of the meeting. This was agreed to by the Council members. ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING (continued) REGULAR MEETING MAY 12, 1975 u COMMITTEE OF THE WHOLE MEETING (CONTINUED) ORDINANCE (CONTINUED) 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. 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, the attorney representing the petitioners, practicing at 316 First Bank Building, made the presentation for the ordinance. He explained that Place and Company and Tower Federal Savings and Loan Association were joint petitioners in the rezoning to "C -1" District and that, if approved, Tower Federal would construct a one -story building on the property to carry on the savings and loan association business. He referred to the overlay of the tract of land situated on Ireland Road immediately east of and contiguous to the Montgomery Ward and Scottsdale Mall property. He indicated that once before he had appeared on behalf of Place and Company and the area had been rezoned. At that time, a three - story building had been planned. Unfortunately, after the rezoning was approved the plans were changed and the building was never constructed. After one year, the zoning returned to the "C -2" District, in accordance with the zoning requirements. He stated that the Area Plan Commission had recommended the matter favorably to the Council. There were no comments or questions. Councilman Serge made a motion that the ordinance be recommended favorably to the Common Council, seconded by Councilman Taylor. 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) - 3501 West Washington Avenue. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Reginald Howard, 823 West Indiana Avenue, made the presentation for the ordinance. The petition of Wiley L. Hoover asked for a change in th Height and Area District from "A" to "C" in order that a four -story apartment complex could be constructed at the northwest corner of Falcon and Washington Streets. Mr. Howard indicated that the Area Plan Commission was of the opinion that one parking space should be provided per dwelling unit. He stated that 46 units were proposed and he was proposing to have 26 parking spaces. He maintained that, because this was a housing project for the elderly, one parking space per unit would not be needed. He did not feel that every resident would own an automobile and 26 parking spaces would suffice. He indicated that the Area Plan Commission had also expressed concern regarding the population density, and he indicated that 46 one - bedroom units would be occupied by no more than 50 people. He felt there would be no problem with the density even though this was a concern of the Area Plan Commission. Mrs. Lee Swan, 2022 South Swygart Avenue, wondered about the units surrounding the area. Mr. Ralp Stonebraker, Assistant Director of the Area Plan Commission, indicated that most of the property surrounding the proposed project was residential. Mrs. Swan wondered if any of the other units in the area were subsidized housing, and Mr. Howard indicated that there was an FHA project. Mrs. Swan wondered about the crime rate in the area. She talked about the needs of the elderly. She wondered if there would be elevators in the complex, and Mr. Howard indicated that there would be. Mrs. Swan stated that, even though all the residents might not own cars, there would be the need for parking for guests and visitors of the residents. She hoped the Council would not act favorably on the matter because she did not want to see the elderly project put in a high crime area and the proper facilities not available. Mr. Charles Howell, 1118 North Duey Street, recommended that the Council approve the project in an effort to provide better housing for the senior citizens. Councilman Kopczynski wondered if Mr. Howard was a housing consultant for the City of South Bend. Mr. Howard indicated that he was not at the present time. Councilman Kopczynski wondered if Mr. Howard had ever held a contract with the City of South Bend for a housi: consultant job, and Mr. Howard indicated that he had a contract with the city effective February l 1975, to May 1, 1975. Councilman Kopczynski wondered about the total price of the contract, and Mr. Howard indicated that the amount to be paid him was $4,000 and some of the money was outstandii at this time. Councilman Kopczynski asked about what was included in the study made by Mr. Howard He asked if it was a formal written study. Mr. Howard indicated that it was a written study, and he had covered approximately 900 to 1,000 houses. Councilman Kopczynski stated that the Council had never received the results of the study. He expressed surprise that the administration would approve a contract in that amount of money and not inform the Council of its decision. He wondere if the proposed rezoning would be a conflict of interests as Mr. Howard had engaged in a contract with the City of South Bend. Mr. Howard felt there would not be a conflict of interests. He stated that all those persons involved in the housing project being proposed must be brought befor the Department of Housing and Urban Development. He indicated that, if HUD felt there was a con- flict of interests, the project would not be approved. Councilman Kopczynski wondered if a copy of Mr. Howard's contract with the city was available. Council President Parent asked for a point of order— He wondered if the Council was getting off the subject of the rezoning. Councilman Kopczynski wondered if there was anything in the study that would show the proposed project Mr. Howard was requesting. He felt that the Council should be totally informed about matters of these kinds. He recommended that the rezoning be sent to the Council unfavorably, seconded by Councilma Szymkowiak. Chairman Newburn indicated that he would not accept any motion until all the councilm had had an opportunity to speak on the issue. Council President Parent indicated that the issue before the Council was a rezoning to allow for a four -story building for the elderly. He wondered about the closest building in the area comparable in height to the proposed structure. Mr. Howard indicated that the LaSalle Park Center would be the closest building at approximately two stories. He stated that immediately to the north there was a two -story apartment complex. Council Presiden Parent felt there might be a problem with adequate parking. Mr. Howard stated that, in the past, this has not been a major problem with the older adults because of the economic situation and because many senior citizens do not drive cars. Councilman Taylor indicated that the Area Plan Commission had recommended the matter unfavorably to the Council. He asked someone from the Area Plan's staff to comment on the commission's recommendation. Mr. Stonebraker indicated that the Area Plan Commission was concerned with the density. Also, parking would be a problem and a three or four -story building would be totally out of scale with the other surrounding residential uses. He felt that the parcel of land would be over - utilized. Councilman Serge wondered about the renta of the units. He asked about viewing a proposed site plan for the project. Mr. Howard indicated n REGULAR MEETING MAY 12, 1975 COMMITTEE OF THE WHOLE MEETING (CONTINUED) that the monthly charge for the units would be approximately $200. He stated that Section 8 subsi would be applied for. He then presented a proposed site plan to Councilman Serge. Councilman Serge wondered if a fence would be constructed around the facility. He indicated that this had been a concern of a few councilmen when a similar housing project had been proposed at the last Council meeting. Mr. Howard felt an "institution" would be created with the erection of a fence around the property. He indicated that the Housing Authority seemed to have very little problem with muggings, vandalism, etc., and he did not feel a fence would be needed. Councilman Szymkowia (talked about the crime rate and felt something should be done to offer some protection to the senior citizens. He made a motion that the ordinance be recommended unfavorably to the Common Council, seconded by Councilman Kopczynski. Councilman Horvath talked about the requirements in the zoning laws concerning the number of parking spaces for the facility. He felt the whole issue was a waste of time if the laws were to be followed. He stated that the proposed project did not meet the requirements of the zoning laws and the zoning laws were made to be followed. Mr. Howard indicated that the Council was not approving the housing project but merely the rezoning. He stated that the project would have to be built according to the FHA's housing standards. Councilm Horvath indicated that only one -half parking space would be provided per unit. He felt this was not adequate and the project did not meet the standards of the zoning laws and requirements. He felt the Council should not approve variations and he stated that he supported the motion to recommend the matter unfavorably to the Council. Councilman Miller wondered if there were any other available sites for housing of this type, and Mr. Howard indicated that he was certain there were some sites available somewhere but he did not know exactly. The motion to recommend the ordinance unfavorably to the Common Council carried. Chairman Newburn asked if anyone was present at this time to make a presentation of the rezoning of 407 East Howard Street. He asked that the Council proceed with that public hearing: ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 40, MUNICIPAL CODE) - 407 East Howard Street. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Clark Arrington, 4408 Queens Road, Apartment B, made the presentation for the ordinance on behalf of the petitioner, Miss Constance Shelton. He stated that he also represented the Minority Venture Company which was owned by the University of Notre Dame and which company was involved in getting minorities established in the private sect . of the community. He stated that Miss Shelton wished to rezone her property in order to carry on the Sugar and Spice Day Care Center. He introduced Mr. Ted Mays, Director and Coordinator of the 4C Program, a trade association of day care centers. Mr. Mays indicated that he resided at 3017 Woodridge Avenue. He talked about the needs of child care services and the amount of $300,000 brought into the community because of day care centers. He talked about the meaning of day care and the involvement of children under six years of age. He indicated that day care centers were in demand and there were many reasons for this. He talked about the working mothers and stated that this was not a new concept, and he again stressed the need for day care centers in the commun Councilman Kopczynski asked Mr. Mays to condense his presentation. He reminded him that the matte . being considered by the Council was the proposed rezoning of the property, not the need of day car (centers in the community. Mr. Mays indicated that he only had a few additional comments to make. He stated that only 800 children are accommodated in 20 day care centers in St. Joseph County. He indicated that parents are constantly requesting a program for day care centers in the community. He stated that, from a report he had prepared, it was determined that there were approximately 10 areas in the community in need of day care centers; and one of these areas was the northeast side. Until August, 1974, there was no day care center located in that area. He felt more day care centers should be established wherever there was a need. He felt the facilities should not be restricted to commercial districts but should be allowed in any district wherever there was a need as long as state and city health and fire regulations were followed. Miss Irene Rapp, 409 East Howard, indicated that she lived next door to the Sugar and Spice Day Care Center. She stressed the fact that she was not opposed to day care centers but she felt this particular location was not attractive to the center because of the heavy traffic and the many retired persons living in the area. She wondered if there was enough room for the children, and she stated that the basements were only 132 feet apart and it would appear there was not much play area for the children. She talked about the noise and commotion which would be created by the day care center. She also wondered about the value of her home if she should decide to sell in the future. Mrs. Frances Ley, 1012 Lawrence, felt that there would be a problem with the traffic in the area. She also wondered about the restroom facilities which she stated Miss Shelton did not have. She felt the children were being brought in from other parts of town because there were not any children living in the immediate area of the nursery in need of the day care center. She stated that there was a day care co- operative immediately across the street from the 407 East Howa_ Street location. She wondered about the need for the two centers. Mr. Mays indicated that the Northeast Day Care Co -op was located across the street; however, he had requested that the center be closed because it was not condusive to small children. He stated that Miss Shelton would abide by the license requirements and had met all these requirements; one requirement being that there bE 35 square feet indoors per child. Mr. Arrington stated that the center met all the technical requirements of a day care center, in his opinion. He talked about spot zoning which the Council tried to avoid. He felt there was a great deal of spot zoning taking place in the community. He mentioned the property in the 3500 block of East Jefferson Boulevard which the Council had recentli rezoned. He felt this was spot zoning. He talked about the branch bank facility to be constructer at Cleveland and Ironwood which had been approved by the County Commissioners. He felt the day care center provided a need for the area in question as did the proposed bank at Cleveland and Ironwood. He referred to an overlay of the property in question. He talked about the properties in the immediate area. He again repeated that Miss Shelton was licensed and met all the technical requirements of the day care center at 407 EastHoward Street. He wondered where the Council would suggest that day care centers be located. Mr. Charles Howell, 1118 North Duey Street, indicated that Howard Street was only a busy street during football games at the university, and he did not feel traffic would be a problem. To this remark, several people in the audience dis- agreed. Mr. Howell expressed support of the rezoning. He talked about a person in the neighborhoc who was raising ducks in violation of the zoning laws. He wondered what would be done about this REGULAR MEETING MAY 12, 1975 COMMITTEE OF THE WHOLE MEETING (CONTINUED) situation, and he felt that, if ducks could be tolerated, the residents should not mind the day care center and the children which would use the facility. Mr. Robert Raymond, 309 East Napoleon Boulevard, hoped the center would remain. He expressed support of the center, indicating that his daughter attended. Mrs. Ley objected to Mr. Howell's statement about the traffic on Howard Street She felt Howard Street was busy all the time and not just during football games. She indicated that she had talked to all the neighbors in the vicinity and they had signed against the center. She indicated that the problem of the ducks in the area would be taken care of in due time and she was not concerned about that at this time. Mrs. Marian Wagner of the American Association of University Women wondered if there was a charge to the participants of the day care center. Mr. Mays indicated that Miss Shelton charged approximately $20 per week per child with some break for the second child. He stated that an attempt was being made to provide some subsidy. He indicated that this rate was lower than the general rate being charged by other agencies. Mrs. Mary Raymond 309 East Napoleon Boulevard, felt the need to have her daughter mix with a group of children and for this reason she was sending her to the day care center. She stated that most of the children attending the center lived within nine blocks of the area and she hoped the center would remain at its present location. She stated that she would not send her child to a day care center in an industrial area or the like, and she felt the residential areas were the best places for these facilities. Mrs. Irene Mutzl, 320 Parkovash, stated that the day care center appeared to be in operation although the rezoning had not yet been approved`by the Council. She wondered if the center was in violation of the zoning laws, and Chairman Newburn indicated that it was. Council President Parent indicated that the ducks being raised in the area as had been mentioned were actually two geese which were fenced in. He wondered if there was any violation with this. He stated that the'day care center was in violation of the zoning ordinance as was the Library Bar on Notre Dame Avenue and many other establishments in the community. He felt a change of attitude on the part of the citizens was needed, as well as the Council and administration. He talked about the problem of providing health care facilities and day care facilities in certain areas of the city. He felt that, in many instances, these centers belonged in the residential areas. He also felt the present zoning laws did not deal adequately with problems of this kind. He stated that this issue had not been studied thoroughly, and he felt the Council should delay action on the matter temporarily. He indicated that this was a hardship case and he would hate to see the matte: denied now and then at some future time, the day care centers be permitted. He indicated that he did not necessarily approve of the location of the center but he felt the matter had not been studied thoroughly. Councilman Serge asked about the length of time the center had been in opera- tion, and Mr. Arrington indicated that Miss Shelton had been operating the center for about 12 months. Councilman Serge wondered if Miss Shelton was aware of the need for a rezoning of the property before she started her business. He mentioned the day care center on Portage Avenue. Mr. Arrington indicated that Miss Shelton was not aware that the property would have to be rezoned when she started the facility. He stated that the center was a small center when compared to many of the larger centers; however, there was adequate room to accommodate the children. He men- tioned the availability of the two parks in the immediate area. He stated that, if Miss Shelton was denied the opportunity to operate the facility, the center would be closed down. Councilman Miller stated that the Area Plan Commission had indicated in its report that the area was previous. zoned "B" Residential and had been changed to "A" Residential. He asked about the number of children registered. Mr. Arrington indicated that there were 20 children, 2 toilets and 2 parking spaces. Councilman Miller asked about the play area, and Mr. Arrington indicated that the square footage was 3,421. Councilman Miller asked about the number of rooms to be used and the number of teachers. Mr. Arrington indicated that there would be two classrooms and two teachers and the classes would be conducted five days a week. Councilman Miller asked if the requirements were met as far as teachers and play space for the number of children enrolled in the program. Mr. Arringb indicated that all those requirements had been met. Councilman Miller wondered if the backyard was fenced in, and Mr. Arrington indicated that it was; however, some of the fence was not the property of Miss Shelton but was that of the neighbors bordering her property. Councilman Miller indicated that he tended to agree with the scattering of these facilities in the residential areas provided certain unstipulated requirements were to be met. He stated that the Council was concerns about the type of buffer provided for the neighboring facilities. He felt the matter needed furthi study and he was surprised that, with the limited facilities, the day care center was acceptable to state standards. He felt the city should set certain standards within the zoning districts. He felt the integrity of the neighborhoods should be maintained; and the area in question was not adequate for the day care center. He asked that more study be given the matter. Councilman Kopczynski asked about the remonstrators that Mrs. Ley had mentioned when she spoke against the day care center. Mr. Stonebraker indicated that the petition had been presented to the Area PLan Commission at its public hearing and was a part of the commission's files. Mr. Stonebraker presented the petition to Councilman Kopczynski. Councilman Kopczynski asked why the addresses of the petitioners were not listed in all cases, and Mrs. Ley indicated that she could insert the addresses. She assured the Council that all the remonstrators lived in the immediate vicinity of the property in question. Councilman Kopczynski wondered why the Area Plan Commission had not for- warded the petition to the Council, and Mr. Stonebraker stated that, when petitions are filed with the Area Plan Commission, they are not usually forwarded. He indicated that there had been some questions raised concerning the petition as it was not really clear and there were not addresses in many cases. Councilman Kopczynski felt the majority of the people in the area were against the center and the Council should abide by the residents' wishes. He recommended that the matter go to the Council unfavorable. Council President Parent felt that many people lived in the immediate area and some of those people were in favor of the center. He wondered if their wishes were to be considered also. He felt the people wanted their representatives to exercise good judgment in matters such as these and he hoped the matter could be delayed. He felt the day care centers were not community nuisances and could be dealt with. Council President Parent made a motion that the matter be delayed. Chairman Newburn indicated tha- he was trying to let all councilmen speak before any motions were made. Councilman Szymkowiak wondered if the children would be fed at the center and if beds were provided. Mr. Mays indicated that the children are fed and portable beds or cots were utilized and had been approved. Councilm Szymkowiak asked if the rooms were the standard size of 20 x 20 for 10 children. Mr. Mays indicate that he did not know this. He stated that there were playrooms, the kitchen area and a heated fron- porch. The children could be placed anywhere in the facility. Councilman Szymkowiak felt the Health Department should check into the matter regarding the feeding of the children, sleeping accommodations, etc. Mr. Mays stated that all requirements for the license had been met, and Councilman Szymkowiak indicated that he would second Council President Parent's motion to delay the issue. The motion carried, with Councilman Kopczynski opposing. X F0l V4 1 u 1 1 REGULAR MEETING MAY 12, 19 1 COMMITTEE OF THE WHOLE MEETING (CONTINUED) ORDINANCE AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LANDS, GENERALLY KNOWN AS THE SOUTHWEST CORNER OF IRELAND ROAD AND IRONWOOD DRIVE IN ST. JOSEPH COUNTY, INDIANA. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Charles Sweeney, 1221 St. Joseph Bank Buildi the attorney representing the petitioner, I.P.M., made the presentation for the ordinance. He stated that he had previously requested that the hearing for the rezoning of the land be held at the same time the annexation was considered. He stated that the annexation was contingent upon the rezoning. He indicated that the rezoning of the property had been referred to the Area Plan Commission and he had hoped the recommendation of that commission would be considered prior to annexation of the property. It was indicated that the Area Plan Commission had not yet held a public hearing on the rezoning. He again stated that, if the rezoning was not approved, the annex tion petition probably would be withdrawn. He felt that this had been the Council's procedure in the past. Councilman Nemeth wondered if this really had been the Council's procedure. He dis- agreed with Mr. Sweeney, stated that, if the area was not legally within the city limits, the rezoning request would have to be forwarded to the County Commissioners. He indicated that the City Council had no jurisdiction to rezone property not located within the city. Mr. Sweeney again stated that he hoped the public hearings could be held.at the same time. Councilman Nemeth stated that he understood Mr. Sweeney's problem but he felt the Council did not have jurisdiction if the area was not annexed. Mr. Sweeney indicated that the character of the land was such that it had no residential value. He suggested that the Area Plan Commission make a recommendation to the City Council or County Council after which time a hearing could be held on the annexation. He felt both hearings could be held at the same time. He suggested that he withdraw the petition for annexation until after the rezoning was resolved with the Area Plan Commission. He wondered if this would be satisfactory. Councilman Nemeth made a motion to refer the ordinance to the Council' Law and Ordinances Committee, seconded by Councilman Kopczynski. Council President Parent felt the public hearings should be set at the same time; however, the Council should act first on the annex tion of the property. He wondered if there would be any problems with that procedure in that the annexation would not become effective immediately and the Council would still be acting on a rezoning of property in the county. Councilman Miller felt that, if the Council desired to refer the ordinance to committee, it should atleast allow anyone in the audience to speak on the matter. There were no comments or questions from the audience. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $15,675.00 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 briefly explained that the ordinance would provide funds for the continuation of the summer weed and trash control program. He stated that the amount appropriated was down approximately $1,100 since last summer. Mrs. Lee Swan, 2022 South Swygart Avenue, indicated that the program had received bad publicity ov the last two years. She wondered if deserving youngsters would be given jobs. She mentioned the problem of transporting stolen bikes in the vans last year. Mr. Farrand felt the program received good publicity last year despite the first year and the problems encountered. He indicated that the specific case Mrs. Swan had referred to had been taken care of in favor of the young man. Mrs. Swan wondered if any screening was accomplished on the youngsters regarding juvenile offenses. Mr. Farrand stated that the project was directed toward the under - privileged school children and drop- outs. The program would put those people in a work situation. Mrs. Swan urged that, if approved, the program be watched closely because the youth would be going into the neighborhoods. Councilman Kopczynski asked about the total amount of federal money being received for the program. Mr. Farrand stated that the wages would be paid through CETA funds. Councilman Kopczynski felt it was important to know the total value of the program. He stated that $15;000 would be needed for the "hardware ". He wondered about the wages being paid. Mr. Farrand indicated that 50 persons would be employed at approximately $2.00 an hour for 25 hours per week for 12 weeks. Councilman Kopczynski wondered about the other contractuals account of $11,050. Mr. Farrand indicated that this would provide for the leasing of eight vehicles. Councilman Kopczynski asked if the Street Department had recently purchased a two -door Vega. Mr. Farrand indicated that he was not familiar with the situation. Councilman Kopczynski asked if anyone knew about the incident he was referring to, and Mr. Michael Vance, Fiscal Officer, indicated that he would check into the matter if he could be given a purchase order number. Councilman Kopczynski asked the City Clerk to check the purchase order. He indicated that he understood the vehicle had been purchased. Mr. Farrand indicated that he was purchasing specific utility vehicles. Councilman Kopczynski felt better use of the vehicles should be afforded. He wondered about the possibility of using pick -up trucks. Mr. Farrand felt this was not a good idea. He mentioned that the equipment was stored in the vans overnight because the vans could be locked. Councilman Kopczynski asked about the vehicles to be used. He wondered if the vehicles would include six vans and two pick -up trucks, and Mr. Farrand indicated that he was correct. He stated that the trucks would be used by the supervisors. Councilman Kopczynski wondered if the Youth Services Bureau van could be utilized for the program. Mr. Farrand stated that he was sure the van would be used a great deal during the summer months for outings for the bureau. Councilman Kopczynski asked if there were any vehicles already in the city's hands that could be used for the program, and Mr. Farrand indicated that he was not aware of any. Councilman Kopczynski wondered if there were any surplus vehicles that could be traded in, and Mr. Farrand stated that he did not know of any. Councilman Szymkowiak wondered about the age group involved. Mr. Farrand indicated that the top age was around 21 and youth were hired as low as 14 years of age. Councilman Szymkowiak wondered if the amount of the salaries should be reduced for the younger boys in an effort to allow more jobs. He felt $2.25 an hour was quite a bit for a youngster of 14 years of age. Mr. Farrand indicated that he had no control over the federal minimum wage rate. Councilman Szymkowiak questioned Mr. Farrand's time being spent on the program supervising it. He felt someone below Mr. Farrand should be in charge of the program so that he could concentrate on the major problems of the city. Councilman Miller felt the concept of the REGULAR MEETING MAY 12 197S 1ICOMMITTEE OF THE WHOLE MEETING (CONTINUED) program was good and the Council merely wanted to check into the matter in detail. He wanted assurance that the eight vehicles would be used solely for the project and solely by those persons involved in the project. Mr. Farrand indicated that this was done last year and would be done again this year. Councilman Miller also asked about the supervision of the program. Mr. Farrand indicated that there would be one man 18 years or older in charge of a particular crew. One of the crews would be entirely older people who would be able to use power saws, heavy equipment, etc, Councilman Miller wondered about the trash pickup. Mr. Farrand indicated that bags would be purchased and cleanup would be accomplished in that way. Councilman Miller asked that the southea! neighborhood be cleaned and the program utilized in that area. Mr. Farrand indicated that this ha( been done last year. He indicated that seven push mowers were used in concentrated areas and that the trash must be cleaned up in order that the mowing be accomplished. Councilman Miller talked about the amount of money being spent on gasoline. He asked that this be watched carefully. He wondered if the men punched a timeclock. Mr. Farrand indicated that they did not. He stated that each supervisor fills out the time sheets, and he did not feel there had been a problem with late- ness and absenteeism last year. Council President Parent felt the program was administered very well in 1974, and he approved of the program. He supported the city's continued involvement in the program. Councilman Nemeth wondered who the supervisors were. Mr. Farrand indicated that the supervisors were hired through the Manpower Office and would be in the 18 to 21 age group. Councilman Nemeth wondered who supervised them. Mr. Farrand indicated that there would be two supervisors for the whole program. Councilman Nemeth wondered if the two supervisors were employe( by the city at present. Mr. Farrand indicated that they were not. He stated that they would be hired only for the period of the program. Councilman Taylor hoped that each district would receiv( a fair share of attention as far as cleanup was concerned. He hoped this would be kept in mind. Councilman Kopczynski stated that the amount of gasoline would allow 19,300 miles to be put on eacl vehicle for the 12 -week period. He felt this was impossible. He wondered if any city employees would be in charge of the program and their time utilized for the program. Mr. Farrand stated that there would not be any city employees "directly" involved In the program. Regarding the gasoline amount, it was mentioned that some of the gasoline would be used for utilization of the mowers. Councilman Kopczynski maintained that not that much gasoline would be used for the mowers. He wondered if another large mower could be purchased or was needed. Mr. Farrand indicated that the mower used last year seemed to work out quite well. Councilman Kopczynski indicated that, in one instance, a city's tractor was damaged severely because of negligence. He felt the program should be run like a tight ship. He mentioned the complaints received on the program. He asked Mr. Jeff Rush of the Manpower Office about the total value of the program regarding salaries. He wondered how the program was applied for. Mr. Rush indicated that the Department of Labor runs a small program every year for 10 to 12 weeks. Councilman Kopczynski wondered if this was an administrate` function as far as application for the program, and Mr. Rush indicated that it was. He stated that the Council was not involved in receiving the funding of the program. He indicated that every yeas the amount received was different. Councilman Kopczynski wondered how the program could be set up without the exact amount of funds known. Mr. Rush indicated that the program was being worked on. Mr. Farrand indicated that the city could not guarantee that the program would be funded. He stat( that, if the Council waited until June for approval, it would take six weeks before the program could be started. Councilman Kopczynski wondered who determined the number of persons involved. Mr. Farrand indicated that he and Mr. Rush had determined this. Councilman Kopczynski wondered if the persons were screened as far as eligibility, and Mr. Rush indicated that they were. Councilmai Kopczynski felt the amount of gasoline should be reduced and one vehicle should also be cut. He felt the amount of $1,500 would be adequate for gasoline. Mr. Farrand indicated that the program would be operated under whatever the Council approved. He stated that, if the money was not spent, it would revert back to the trust fund. Councilman Kopczynski wondered what had been spent last year on the program, and Mr. Farrand indicated that $250 had been appropriated for equipment repair and this had reverted back; $11,700 had been appropriated for vehicle leasing, and $8,854 had been used; $3,050 had been appropriated for gasoline, and $2,924 had been spent; the amount appropriated for office supplies had not been spent and had reverted to the fund; $550 had been appropriated for other supplies, and $459 had been spent; and the amount of $1,000 appropriated for other equipment had been spent in its entirety. Councilman Kopczynski felt a great deal of gasoline had been used last year. He wondered if any of the vehicles had been used outside the city. Mr. Farrand indicated that he was not aware of that. Councilman Kopczynski asked if a Volkswagon bus had been used and the engine had burned out in Michigan. Mr. Vance indicated that the particular bus had not belonged to the Department of Public Works. He thought it had belonged to the Youth Services Bureau. Councilman Kopczynski indicated that this was one of the reasons wh: he was so careful and asked so many questions concerning these programs. Councilman Taylor hoped the Council would not reduce any of the amounts. He stated that he did not question Mr. Farrand's integrity regarding the program. He talked about the problem of many citizens who did not have contracts for trash removal and many problems were created. He mentioned the number of violations concerning this particular issue. He felt a tax- supported garbage and trash program should be accomplished "if a council had the guts to do it ". He also felt such a program was a basic and essential city service. Mr. Farrand indicated that one of the weak points of the program was that the city was providing free service regarding trash pickup. It was unfortunate but the problem wa! there and something had to be done about it. He mentioned the difficulty in enforcing the trash pickup laws. Councilman Szymkowiak indicated that he had wanted the trash program put on the tax roll in an effort to take care of the problem. He talked about the lack of enforcement of the city's laws and many problems in his district alone. Chairman Newburn asked that the Council memb( restrict their comments and questions to the appropriation ordinance. Council President Parent made a motion that the ordinance be recommended favorably to the Common Council, seconded by Councilman Horvath. 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 take a short recess, seconded by Council President Parent. The motion carried, and the Council recessed at 9:30 p.m. ATTEST: CITY CLERK 1IREGULAR MEETING - RECONVENED . Be it remembered that the regular meeting of the Common Council of the City of South Bend, Indiana reconvened in the Council Chambers at 9:50 p.m., Council President Parent presiding and nine membe s present. s 1 1 n REGULAR MEETING MAY 12 1975 IREGULAR MEETING - RECONVENED (CONTINUED) IREPORT 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 April 28, 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 Horvath made a motion that the report be accepted as read and placed on file and the minutes be approved, seconded by Councilman Newburn. The motion carried. (REPORT FROM THE COMMITTEE OF THE WHOLE Councilman 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 nine ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent). (REPORT FROM THE DIRECTOR OF THE DEPARTMENT OF ADMINISTRATION AND FINANCE Council President Parent distributed to the Council members the written report of Mr. James Barc Director of the Department of Administration and Finance. ORDINANCES, SECOND READING ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 40, MUNICIPAL CODE) - 407 East Howard Street. This ordinance had second reading. Councilman Newburn made a motion to table the ordinance, seconded by Councilman Miller. The motion carried, with Councilman Kopczynski opposing. ORDINANCE NO. 5831 -75 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. This ordinance had second reading. Councilman Horvath made a motion to amend the ordinance by changing the height and area district in Section 1 to "A" Height and Area from "G" Height and Area, seconded by Councilman Taylor. The motion carried. It was indicated that the Area Plan Commission report had recommended the amendment. 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 nine ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent) . 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) - 3501 West Washington Avenue. This ordinance had second reading. Councilman Szymkowiak made a motion to defeat the ordinance, seconded by Councilman Kopczynski. The ordinance was defeated by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent). ORDINANCE AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LANDS, GENERALLY KNOWN AS THE SOUTHWEST CORNER OF IRELAND ROAD AND IRONWOOD DRIVE IN ST. JOSEPH COUNTY, INDIANA. This ordinance had second reading. Councilman Horvath made a motion to refer the ordinance to then Ordinance Committee, seconded by Councilman Taylor. The motion carried. IORD'INANCE NO. 5832 -75 AN ORDINANCE APPROPRIATING $15,675.00 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 ordinance had second reading. Councilman Serge made a motion to pass the ordinance, seconded by Councilman Miller. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent). ORDINANCES, FIRST READING ORDINANCE AN ORDINANCE APPROPRIATING $252,800.00 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 ordinance had first reading. Councilman Miller made a motion to set the ordinance for public hearing and second reading on May 27, 1975, seconded by Councilman Szymkowiak. The motion carried. .V �. • REGULAR MEETING - RECONVENED (CONTINUED) PRIVILEGE OF THE FLOOR Mrs. Irene Mutzl, 320 Parkovash, brought up the subject of the cocktail party which had been held by the Housing Allowance Office a few weeks ago. She indicated that she had brought up this subject at the last Council meeting. She stated that Mr. Charles Lennon, Director of the Housing Allowance Office had reported that the Rand Corporation had purchased the "booze" and the food had been paid for by the HAO. She did not feel this was fitting and she objected to this procedure regardless of the fact that the Rand Corporation paid part of the bill. She stated that some people had kept pursuing the amount of money spent and allowed by the HAO. She had finally been able to learn that over one -half million dollars had been spent and a great deal of this had gone for salaries and wages and other administrative costs. Mrs. Mutzl indicated that only a very smal amount of money (approximately $6,000) had actually gone to the recipients of the program. She asked that the councilmen on the Housing Committee look into the program. She also mentioned that some people have been "harrassed" into participating in the program, and she knew of one incident in particular. She hoped this also could be investigated. Mrs. Mutzl suggested that the Council request an audit from the HAO, and she again urged that some study and investigation be given the whole issue. Councilman Miller indicated that the City Council had no direct or indirect power over the HAO. He stated that Mr. Ben Cope was the chairman of the citizens' advisory committee and he suggested that Mrs. Mutzl contact him and request of him an invitation to attend the next meeting in an effort to get some answers to her questions. He stated that he has asked the same questions and some of this information was available. He felt sure Mrs. Mutzl would get a satis- factory answer from Mr. Cope. He indicated that this was outside the framework of the Council, an( Mr. Lennon or Mr. Cope would have to supply that information. He stated that the Council had approved the initial program but the Council had no control, supervision or review power over the program. Mrs. Mutzl indicated that she wanted the Council to be made aware of the present situati( Council President Parent hoped that, as time went by, the amount of funds being spent for the recipients would increase. He stated that, with the start of any program, there is always admin- istrative costs involved. Councilman Kopczynski stated that he agreed with Mrs. Mutzl, and he indicated that he had been approached regarding some rental property and he felt he, too, had been harrassed about participation in the program. He felt the program was not run very well and he could see where the Housing Allowance program could be detrimental to the community. He felt the Council should have some constraints on the program because of the harm it could to to the community. He talked about the lots of many of these homes eventually becoming vacant and the city having to take over the property. He felt the Council should establish a monitoring committee within the Council to check into the matter. Councilman Horvath indicated that he was shocked to hear of the large investment for the staffing, etc., but he felt now that the program was establis] the largest amount of money would be used for the recipients in the future. He indicated that he would check into the problem of harrassment. Councilman Miller informed Mrs. Mutzl that the next meeting of the citizens' advisory committee would be held on June 27th at 1:30 p.m., at the Housinc Allowance Office. He stated that he did not know if he would be attending. Council President Parent felt Mrs. Mutzl should take her information to the HAO. He asked that Mrs. Gammon also write a letter to Mr. Lennon concerning the matter and ask him to be present at the next Council meeting during the citizens' portion of the meeting to answer these questions. Mrs. Lee Swan, 2022 South Swygart, talked about the possibility of Mr. William Hojnacki and Dr. Rene Wilett being in attendance at the Council meeting this evening. She felt some questions need answering concerning the Delos House operation and the failure of the program to move to the Frances Street location. She indicated that, on April 15th, the home on Frances Street was to be purchased. She stated that the operation was still located on Bartlett Street, and she wondered where the rent money was coming from since the rent should have expired for that property. Counci President Parent indicated that Councilman Kopczynski had directed a letter to Dr. Wilett and requested his appearance at the Council meeting. He stated that Dr. Wilett had responded by stating that the property was purchased and the building on Frances Street was being renovated in order to bring it up to code. Mrs. Swan indicated that Mr. Hojnacki had stated previously that the building was basically sound. She wondered about the delay. Councilman Kopczynski referred to a letter written by Mr. Keith Crighton which contained an inspection report made by Mr. Mark Davis of the property on Frances Street. He mentioned some of the deficiencies which existed: deterioration of roof shingles in spots, signs of patching and gravel spotting. The recommendatio was for a new roof. There was a problem with a lack of electrical plugs in the rooms and only one 60 amp box. The foundation should be tuckpointed and the wood siding scraped and painted and various pieces replaced. Several sections of the eavestroughes and downspouts must be replaced. It was also recommended that a certificate of compliance be obtained from the State Fire Marshall' Office. He indicated that there were many other items on the list. He felt the committee headed by Councilman Serge had been derelict in not advising the Council of the condition of the building and he wondered about the qualification of Mark Davis on the inspection of the building. He also wondered how the rent was being paid for the property on Bartlett Street as the lease should have expired February 16, 1975. He mentioned that the Delos House residents were supposed to take care of the property and this had been referred to as therapy work. He felt it was time that the peopl coming before the Council "stop lying ". He indicated that what was said at the public hearing did not agree with the inspection report he had received. He felt Council President Parent should appoint a committee to "get down to business" and find out why the Council was being told one thins and then something else was done. He felt there was no credibility in many of these programs. Councilman Serge objected to Councilman Kopczynski's statement concerning the condition of the building on Frances Street . He stated that the committee was told that the house did not pass inspection and that some things would have to be corrected. He indicated that June 15th was the deadline at the Bartlett Street location and the home would be vacated by then. He asked Mr. Roll: Farrand where the money was coming from to pay the rent on the Bartlett Street property. Mr. Farr< indicated that he was not involved in that particular aspect of the program; however, he could obtain the information for the Council. Councilman Kopczynski felt this sort of thing was a reflection on the committee that recommended the purchase of the home in its present condition. He felt the defects should have been brought to light before the money was appropriated. He felt this was concealment in government. Councilman Taylor felt that there was not one drug rehabilita- tion program in the country that Councilman Kopczynski would support. He felt Councilman Kopczyns] was not being truthful at all. Council President Parent stated that he was amazed that Mr. Farran< would continue working for the city when his integrity was questioned. He stated that he was amaz( that Mark Davis will be assailed for a job he had to do. He was amazed that these allegations wer( made and these same people continued to do their jobs. He mentioned the harrassment that some of the people have received, and he felt that their work was appreciated''iby most. He felt Councilman Serge's committee had looked for an adequate structure and had tried to do a good job. He felt in. .n i 1 L Ll J 03 REGULAR MEETING MAY 12, 1975 REGULAR MEETING - RECONVENED (CONTINUED) it was unreasonable to make these allegations and question the integrity of those persons appearin before the Council. Councilman Kopczynski indicated that he wished to file with the City Clerk a copy of the inspection report listing the deficiencies of the structure. Mr. Forrest Hanna, 1427 East Bowman Street, talked about the procedure of the Council meetings and Councilman Kopczynski had been right in that some people were getting off the subject. He stated that soon after that he, himself, had gotten off the subject. He referred to the Robert's Rules of Order and wondered if the Council used them. He stated that it was a little disgusting to see the Council operate in such a manner. He hoped everyone could be treated equally and the Council meetings could be run smoothly without interruptions and outbursts. An unidentified woman in the audience stated that she felt Councilman Kopczynski had been right in his questioning and comments concerning the Delos House operation. She felt that he represented his people very well, and she expressed doubt about the good of the Delos House program in view of the controversy it has caused. Councilman Newburn indicated that he lived across from the rehab - ilitation home on Olive Street, and he felt what was being done to help the addicts was good. UNFINISHED BUSINESS MAYOR'S VETO OF ORDINANCE NO. 5829 -75, PASSED BY THE COUNCIL ON APRIL 21, 1975, REZONING THE NORTHEAST CORNER OF LINDEN AVENUE AND CLEMENS STREET (T. Brooks Brademas). Council President Parent indicated that the Mayor had vetoed the rezoning ordinance on April 28, 1975, and another vote was required of the Council concerning that veto. He explained that a vote of "aye" would mean a vote in favor.of the rezoning and a vote to override the veto. A vote of "nay" would mean a vote.against the rezoning and a vote to sustain the veto. A roll call vote was taken.as follows: Councilmen Serge, Miller, Taylor, Nemeth and Parent voting aye; Councilmen Szymkowiak and Newburn abstaining; and Councilmen Kopczynski and Horvath voting nay. Council President Parent felt the councilmen should not be allowed to abstain unless there was a definite conflict of interests. Councilman Nemeth agreed, and Council President Parent asked for another roll call vote. The Mayor.' =s veto was overridden by a roll call vote of six ayes (Councilmen Serge, Miller, Taylor, Nemeth, Newburn and Parent) and three nays (Councilmen Szymkowiak, Kopczynski and Horvath). (Councilman Taylor made a motion to schedule the next regular meeting of the Council on May 27, 1975 seconded by Councilman Horvath. The motion carried. There being no further business to come before the Council, unfinished or new, Councilman Taylor made a motion to adjourn, seconded by Councilman Miller. The motion carried, and the meeting adjourned at 10:45 p.m. T: '4� /�- a_.� CITY CLERK APPROVED: ++++++++++++++++++++++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++ + + + + + + + + + + + + + + + + + ++