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HomeMy WebLinkAbout05-27-75 Council Meeting Minutes++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++ (REGULAR MEETING MAY 27, 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 Tuesday, May 27, 1975, at 7:25 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 Kopczynski made a motion to resolve into the Committee of the Whole, seconded by Councilman Taylor. The motion carried. COMMITTEE OF THE WHOLE MEETING Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on Tuesday, May 27, 1975, at 7:26 p.m., with nine members present. Chairman Odell Newburn presided. He welcomed Girl Scout Troop 1301 to the Council meeting. ORDINANCE AN ORDINANCE FIXING MINIMUM AND MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, WITHIN THE DEPARTMENT OF HUMAN RESOURCES AND ECONOMIC DEVELOPMENT FOR THE YEAR OF 1975. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. The ordinance had previously been scheduled for public hearing on April 21, 1975, at which time a few comments had been made. It had then been continued to the May 27th meeting of the Council. Mr. William Hojnacki, Director of the Department of Human Resources and Economic Development, made the presentation for the ordinance. He briefly' summarized his presentation of April 21, stating that the ordinance represented all of the positio that are currently within the jurisdiction of the Human Resources Department and which positions were not included in the original salary ordinance passed for 1975. He indicated that the positio �s s REGULAR MEETING MAY 27, 1975 COMMITTEE OF THE WHOLE MEETING (CONTINUED) reflected those paid through federal funds. He stated that his department was probably the only department in city government that earned more money than it spent. In that regard, the departmen was in competition with other cities concerning the federal programs. Also, while salaries are adequate in the ordinance, Mr. Hojnacki felt they were not excessive. He indicated that the cost of administrative expenses in his department was kept under 10 %. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, wondered why the ordinance had been continued from the April 21st meeting. Councilman Miller indicated that the Council had requested further information on the current salaries and had been furnished this information last Friday. He stated that the Council's position should be to relate the salaries to current positio: in the city budget. He felt the Council's general feeling would be to set salaries at a level for new hirings equal to those within the city. He made a motion to amend the ordinance to provide the following changes in Section I: Community Development Environmental Coordinator 12,000 - 14,000 Director of Community Affairs 8,000 - 9,000 Bureau of Housing Director 12,000 - 14,000 Project Director 10,000 - 12,320 Bureau of Planning and Management Director 13,000 - 15,000 Bureau of Manpower Administration Director 16,000 - 18,000 Deputy Director for Field Operations 14,000 - 16,000 Deputy Director for Planning 12,000 - 14,000 Public Employment Coordinator 13,000 - 15,000 Assistant Field Director 9,000 - 11,000 Manpower Planner II 9,800 - 10,800 Manpower Planner I 8,000 - 9,000 Management Information Specialist 8,000 - 9,000 Counseling Placement Specialist II 10,500 - 12,500 Counseling Placement Specialist I 9,500 - 10,500 Outreach Worker II 7,250 - 8,250 Outreach Worker I 7,000 - 7,200* Job Coach II 7,000 - 8,000* Job Coach I 7,250 - 8,250* Councilman Serge seconded the motion. Councilman Nemeth wondered about the reduced salaries for the last three positions. He wondered if the Council should leave those positions alone. There was a question on the information that had been furnished to the Council previously regarding thos three positions. Mr. Hojnacki indicated that there were no Job Coach positions within the Department of Human Resources. Councilman Nemeth indicated that the amounts should probably be left as listed in the proposed ordinance. There was a brief discussion on whether or not the Job Coach positions should be deleted. *Councilman Miller made a motion to include in his original motion the deletion of the two Job Coach positions and the salary range of $7,000 to $7,250 for the Outreach Worker I. Councilman Serge seconded the inclusion. The motions carried. Councilman Miller then made a motion that the ordinance be recommended favorably to the Common Council, as amended, seconded by Councilman Serge. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $33,080.00 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 indicated that the ordinance included no salaries or promotional expenses; merely the maintenance of the completed section of the River Bend Plaza Mall. He felt the line items incorporated in the ordinance were self - explanatory, and he indicated that he would be happy to answer any questions the Council might have concerning the appropriation. Mrs. Irene Mutzl, a member of the Fair Tax Association, wondered if there had been some funds budgeted within the Park Department to help in maintaining the mall. It was indicated that the Council had cut that amount out of the Park Department budget. Mrs. Mutzl expressed concern on the maintenance of the mall if, in the future, revenue sharing funds would not be available. She wondered where the money would come from in that event. Council President Parent indicated that it was hoped the downtown merchants could share in the maintenance of the mall in the future. He stated that this had been discussed previously. Councilman Serge felt Mrs. Mutzl would not have to worry about maintenance of the mall in the future if the new Super Block would become a reality. He talked about the increase in revenue that would be brought into the downtown area when the Super Block was eventually constructed. Councilman Kopczynski indicated that the Council had wanted to set up a meeting to discuss the maintenance of the mall over two years ago. He stated that the meeting had never come about. He felt that the downtown had cost the city a great deal of money, and he felt "it would have to come to a head someplace along the line ". Councilmar Newburn talked about the deterioration of the downtowns all across the country. He felt it was tY responsibility of the city and its citizens to keep the downtown alive and not let the city become a "ghost town" as had been predicted. Mr. Frederick Mutzl, 320 Parkovash, wondered if the city carried insurance for downtown mall damage, and he referred specifically to the knocking out of the lights in the tunnel. Mr. Farrand indicated that, as far as he knew, there was no such insurance. He indicated that the tunnel was not part of the plaza., Mr. Mutzl wondered if the lights would be replaced. Mr. Farrand stated that the department could check into the matter if TZ] COMMITTEE OF THE WHOLE MEETING (CONTINUED) it was an item of concern. Mr. Mutzl referred to an incident when he had parked his car in the tunnel and signs had been erected indicating that unauthorized cars would be towed away. He did not agree with this. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, wondered if the appropriation ordinance would cover a yearly period, and Mr. Farrand indicated that the ordinance was based on an annual period and would cover the remainder of 1975. Mr. Evans wondered if some of the items had been encumbered prior to adoption of the ordinance. Mr. Farrand indicated that, unfortunately, some electrical expenses had been incurred. Councilman Nemeth talked about the need for long -range planning in cases of this kind. He stated that, in 1973, the Council had directed a letter to the Department of Redevelopment concerning the downtown mall maintenance. He stated that the Council had never received a reply to its letter. He wondered if the downtown mall was being officially turned over to the city at this time. Mr. Farrand stated that, from a technical standpoint, it was not being turned over to the city. Councilman Nemeth wondered if the Department of Redevelopment had run out of funds before it shoul< have; thus the reason for the city having to pay for the maintenance. He stated that he realized Mr. Farrand was not to blame for this, but he was concerned about the expense of maintaining the mall when the Redevelopment Department had not turned it over to the city. Mr. Farrand indicated that the Redevelopment Department could only fund the construction of the mall and the certificate! of compliance had not yet been filed. It was determined that some of these items could not be handled through the construction accounts; namely the maintenance of the mall. Councilman Nemeth wondered if any sort of an accounting had been received from the Redevelopment Department. Mr. Farrand indicated that he had not received anything. Councilman Nemeth wondered if the city could get a copy of the department's accounting concerning the mall, and Mr. Farrand suggested that Councilman Nemeth request this information from the Redevelopment Commissioners. Councilman Nemetl indicated that the Council had requested this information quite a while ago and had never gotten aY answer. Mr. Farrand indicated that he would be happy to sit down with the Council concerning the mall maintenance. Councilman Nemeth wondered if anyone could hook up in the electrical outlets on the mall, and Mr. Farrand indicated that no one could do this at the present time. He stated that there had been a problem in the past. Councilman Nemeth wondered about the monthly cost of the lighting. Mr. Farrand indicated that he did not have an accurate per month accounting available at this time. He indicated that he could determine this, however. Councilman Nemeth wondered when the outlets had been shut off, and Mr. Farrand stated that most of them had been shut off last summer. Councilman Miller asked if the lights belonged to the city, and Mr. Farrand indicated that they did. He stated that the city pays only for the electricity. Councilman Miller wondered if the lights were turned down after business hours. He wondered if this would be feasible. Mr. Farrand indicated that it was probably more feasible to shut the lights off for a certain period of time each evening rather than to reduce the lighting. Councilman Miller wondered if the water for the fountains was recycled, and Mr. Farrand stated that it was; however, there was always a certain amount of loss when flushing took place. He mentioned the watering of the grassy areas, flowers and trees in the mall area. Councilman Miller indicated that, in comparison with the Bureau of Cemeteries, the amount for gasoline and repair parts was somewhat less than the mall budget. He asked for an explanation of this. Mr. Farrand indicated that the Bureau of Cemeteries operates only two vehicles and lawn mowers. He stated that one and sometimes two sweepers maintain the mall area daily. He indicated that there was a greater vehicle use in the downtown mall. He stated that this was an estimated budget based on six months' actual operating experience, and he felt it was a "bare -boned budget ". Councilman Miller wondered how many people worked in the mall, and Mr. Farrand indicated that there were six employees working full -time on split shifts. Througt the Summer Employment Program, an additional six people would be used. Councilman Miller asked about the salary level of those employees, and Mr. Farrand indicated that the hourly rate would be approximately $2.10 to $2.35 an hour. He stated that he would furnish an exact figure to the Council if it desired. Councilman Miller wondered if any of the line items could be reduced. Mr. Farrand stated that he had submitted the budget after much study and research. He felt the budget could not be reduced in any of the accounts. He indicated that he would be happy to have the Council monitor the expenses if it wished. Councilman Kopczynski felt it was unfair to ask the Council for funds for maintenance of the mall when no cooperation had been given the Council by the Redevelopment Department. He felt the downtown mall should "stand on its own feet ". He states that the problems experienced with the fountains was due to poor maintenance and abuse. He felt the cost of operating the mall would be accelerated. He felt the Council should not act on the ordinance until such a time that the Redevelopment Commissioners and the Board of Public Works furnish the requested information to the Council. He felt the Council should delay the ordinance until the information was received. He made such a motion, and Chairman Newburn indicated that he would not recognize any motions until all the councilmen had had an opportunity to speak. Council- man Kopczynski asked that he be given the opportunity to make such a motion after all councilmen had spoken, and Chairman Newburn indicated that he would allow this. Councilman Szymkowiak wondered if the city paid for the electricity used by the concession stands in the mall. Mr. Farrand indicated that the city did not pay for that electricity. He indicated that the stands were located on the supergraphic area of the mall and did not have access to the outlets. Councilman Szymkowiak wondered about the amount budgeted for water. Mr. Farrand indicated that the amount budgeted for water was estimated on the amount needed for the fountains and watering of the trees, etc. Councilman Szymkowiak felt the amount for water should be reworked. He felt the water meters in some cases, such as in the parks and mall area, should not be utilized. He agreed with Councilman Kopczynski and Councilman Nemeth in that the Redevelopment Department should have furnished the requested information to the Council before. He felt the ordinance should be delaye until this was done. Councilman Horvath wondered how much was saved in electricity when the light were taken off Michigan Street for construction of the mall. Mr. Farrand indicated that he could come up with all that information but he did not have it available at this time. He stated that, at some point in time, the electricity would have to become part of the regular electrical budget. Councilman Horvath wondered about the plaza vehicles, and Mr. Farrand indicated that one sweeper is used exclusively, plus another sweeper on occasions and a jeep. Councilman Horvath wondered if this was new equipment, and Mr. Farrand indicated that it was, except for one of the sweepers. Councilman Horvath wondered if the amount of $200 for tires and tubes would be needed in view of the fact that the vehicles were new. Mr. Farrand indicated that $200 would not purchase many tire Councilman Kopczynski wondered how the tires were damaged, if this was the case, and Mr. Farrand indicated that the tires were not necessarily damaged but they did wear out. Councilman Horvath asked about the building materials account. He felt this should be covered by the Redevelopment Department unless it was willing to turn the mall over to the city. Mr. Farrand indicated that, within four to six weeks, he anticipated the mall would be officially turned over to the city. Council President Parent felt that, if the city had not yet accepted the mall, the maintenance should be a responsibility of the Redevelopment Department. Mr. Farrand indicated that there have REGULAR MEETING MAY 27, 1975 COMMITTEE OF THE WHOLE MEETING (CONTINUED) been some minor items not yet completed which represented a small part of the total construction cost. Because of these minor items, the project had not been turned over as it was not determined complete. He indicated that a great majority of the project work had been completed. Council President Parent wondered how much longer the bills could be postponed for electricity. Mr. Farra indicated that, if the Council wished, the lights could be turned off and no additional electricit expense would be incurred until the matter was resolved. Council President Parent felt it was the Redevelopment Department incurring the bills at this time. Mr. Farrand indicated that Redevelopme felt otherwise. He asked that the Council give him some guidelines on what was expected from his department concerning the downtown mall maintenance. Councilman Serge wondered about the total amount of bills outstanding at the present time. Mr. Farrand indicated that the Redevelopment Department could discuss its outstanding obligations with the Council. He stated that he could no answer that question. Councilman Kopczynski stated that he had requested the full accounting of all federal programs in the community several times in the past. He stated that this information had never been received. He stated that the money was being concentrated in the downtown mall area. He felt this could not be continued and, as long as it continued, he would not vote for appropriating money for the downtown area without being fair to the outlying areas of the city. He wondered about the speculation of a proposed 10% reduction in street lighting for the coming year. Mr. Farrand indicated that he was not aware of any street lighting reduction being dis- cussed. Councilman Kopczynski asked if there were any figures for the cost of street lighting nex year, and Mr. Farrand indicated that the city would be budgeting $670,000. He stated that the cos this year was better than a $100,000 less. Councilman Nemeth stated that many questions asked by the Council had remained , unanswered. For this reason, he made a motion that the ordinance be continued until the next meeting in order that the Department of Redevelopment could provide answers to the questions, seconded by Councilman Kopczynski. Council President Parent felt the Council should invite Mr. Brownell, Director of the Redevelopment Department, to the next Council meeting in order to clarify some of the questions. Councilman Miller wondered if the Park Board was against maintaining the mall area. Mr. James Seitz, Director of the Department of Public Parks, indicated that, with the proper budget, the department could maintain the mall and would not object to doing so. He stated that he would not like, however, to maintain the mall with an inadequate budget. Councilman Miller felt a "downtowr park" was what was really being considered and the mall could be compared to the cost effective- ness of the parks. In terms of use, there were probably many more people in the downtown mall area than in some of the city's parks. He stated that the Council had never taken a stand on how the maintenance of the mall should be handled. He felt this was a concern. He stated that he would like to see the Park Department involved in the matter. Councilman Horvath felt the budget was not as large as it appeared to be. He felt there was maintenance of the area before the mall was constructed. When the mall was constructed, it was agreed that the merchants could help in maintaining the flowers, trees, etc. He wondered how much extra money was really being used for maintenance. He felt the merchants should help in the maintenance of the mall area, and he hoped some input from the merchants could be received. The motion carried. Mr. Farrand asked the Council's permission to pay the electric bills incurred. Chairman Newburn indicated that it was the Council's wish to delay action on the ordinance. For this reason, he felt everything else connected with the maintenance should be delayed also. Councilman Miller felt the Council should go on record and not recommend that the lights be turned off, and that the city would pay for its obligations regarding electric current. He felt the mall should be maintained in a first -class manner. Council President Parent made a motion to close debate, seconded by Councilman Kopczynsk: Chairman Newburn indicated that there was no debate and that the Council should proceed with the next item on the agenda. 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 ADMIN- ISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC WORKS. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Rollin Farrand, Director of the Department of Public Works, made the presentation for the ordinance. He explained that he was requesting approval of funds for the second quarter in the amount of $252,800 in order to make up the $300,000 needed to complete the paving and slurry seal programs for this year. Councilman Kopczynski wondered why the Council had not been furnished a street program layout. He felt the Council was not given any input into the program and that many citizens' requests were not considered because of this. Mr. Farrand indicated that the department had reflected the requests of the councilmen over the last year. Councilman Kopczynski indicated that he had asked for an opportunity to discuss various requests with the Bureau of Streets Manager and had not bee3 given that opportunity. Council President Parent indicated that the Council had met in caucus with Mr. Farrand concerning the program. He felt the Council had been given the opportunity to discuss the matter. He indicated that perhaps Councilman Kopczynski had not been present at that meeting. Councilman Serge indicated that a street layout had been received by the Council. He indicated that his street had been paved prior to the election and he had not requested that this be done. He expressed disapproval with that. Councilman Szymkowiak felt that the councilmen had not been consulted regarding the paving of the streets within the respective districts. He state( that the councilmen were responsible to the citizens and knew of the citizens' requests concernini paving of the streets. Mr. Farrand stated that all the councilmen had had input into the program He indicated that he was aware of their requests simply by discussing certain matters with them. He felt he had not ignored their requests concerning paving priorities. Councilman Taylor stated that he felt his relationship with the Department of Public Works and Mr. Farrand was very good, and he had always had the opportunity for input into the various programs. He requested a street light at the corner of Ireland and Fellows Street. Councilman Nemeth made a motion that the ordinance be recommended favorably to the Common Council seconded by Councilman Taylor. The motion carried. There being no further business to come before the Committee of the Whole, Councilman Horvath mad a motion to rise and report to the Council, seconded by Councilman Taylor. The motion carried. A short recess was requested by Councilman Taylor. Recessed at 8.45 p.m. ATTEST: ATTE CITY CLERK CHAIRMAN t REGULAR MEETING - RECONVENED Be it remembered that the regular meeting of the Common Council of the City of South Bend, Indianz reconvened in the Council Chambers at 8:55 p.m., Council President Parent presiding and nine members present. REPORT FROM THE SUB - COMMITTEE ON MINUTES To the Common Council of the City of South Bend: Your sub - committee on the inspection and supervision of the minutes would respectfully report that it has inspected the minutes of the May 12, 1975, regular meeting of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. s/ Roger O. 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 Taylor made a motion to waive the reading of the report of the Committee of the Whole, seconded by Councilman Kopczynski. The motion carried by a roll call vote of nine ayes (Councilor Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent). REPORTS FROM THE AREA PLAN COMMISSION The Honorable Common Council City of South Bend County -City Building South Bend, Indiana 46601 May 21, 1975 In Re: A proposed ordinance and site development plan of Dale Brink and Curtis L. Crofoot to zone from "A" Residential, "A" Height and Area, to "C -1" Commercial, "E" Height and Area, property located in the 1800 block of South Ironwood Drive, City of South Bend. Gentlemen: The attached rezoning petition of Dale Brink and Curtis L. Crofoot was legally advertised May 10 and May 19, 1975. The Area Plan Commission gave it a public hearing on May 20, 1975, at which time the following action was taken: "Upon a motion by Kenneth Woods being seconded by Joseph Serge and unanimously carried, the petition of Dale Brink and Curtis L. Crofoot to zone from "A" Residential, "A" Height and Area, to "C -1" Commercial, "E" Height and Area, property located in the 1800 block of South Ironwood Drive, City of South Bend, is returned to the Common Council, by the Area Plan Commission, with a favorable recommendation, subject to a final site plan." The above recommendation is made subject to a final site plan and the preliminary site plan is attached hereto. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in minutes of the public hearing and will be forwarded to you at a later date to be made a part of this report. Attached for your considera- tion in the review of this matter is the Area Plan Commission Staff Report. RSJ /cm cc: Dale Brink Curtis L. Crofoot Douglas Carpenter Jack C. Dunfee, Jr. The Honorable Common Council City of South Bend County -City Building South Bend, Indiana 46601 very truly yours, s/ Richard S. Johnson Executive Director * * * * * * * * * * * * * May 21, 1975 In Re: A proposed ordinance and site development plan of Portage Place Associates, et al, to zone from "A" Residential, "A" Height and Area, to 11C -2" Commercial, "A" Height and Area, property located at the southwest corner of Portage Avenue and the Indiana Toll Road right -of -way, City of South Bend. Gentlemen: The attached rezoning petition of Portage Place Associates was legally advertised May 10 and May 19, 1975. The Area Plan Commission gave it a public hearing on May 20, 1975, at which time the following action was taken: "Upon a motion by Dwight Miller, being seconded by Thomas Allen and carried with John Peddycord abstaining, the petition of Portage Place Associates, et al, to zone from "A "Residential, "A" Height and Area, to "C -2" Commercial, "A" Height and Area, property located at the (continued) REGULAR MEETING MAY 27 1975 REGULAR MEETING - RECONVENED (CONTINUED) REPORTS FROM AREA PLAN COMMISSION (CONTINUED) southwest corner of Portage Avenue and the Indiana Toll Road right -of- way, City of South Bend, is returned to the Common Council by the Area Plan Commission with a favorable recommendation, subject to a final site plan." The above recommendation is made subject to a final site plan and the preliminary site plan is attached hereto. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in minutes of the public hearing and will be forwarded to you at a later date to be made a part of this report. Attached for your consideration in the review of this matter is the Area Plan Commission Staff Report. RSJ /cm cc: James J. Kelly Joseph T. Helling Douglas Carpenter The Honorable Common Council City of South Bend County -City Building South Bend, Indiana 46601 Very truly yours, s/ Richard S. Johnson Executive Director May 21, 1975 In Re: A proposed ordinance and site development plan of Papco, Inc., et al, to zone from "A" Residential, "H" Height and Area, to "C" Commercial, "E" Height and Area, property located at the northeast corner of Notre Dame Avenue and Howard Street, City of South Bend. Gentlemen: The attached rezoning petition of Papco, Inc., et al, was legally advertised May 10 and May 19, 1975. The Area Plan Commission gave it a public hearing on May 20, 1975, at which time the following action was taken: "Upon a motion by Robert Lehman being seconded by Joseph Serge and carried with John Peddycord abstaining, the petition of Papco, Inc., et al, to zone from "A" Residential, "H" Height and Area, to "C" Commercial, "E" Height and Area, property located at the northeast corner of Notre Dame Avenue and Howard Street, City of South Bend, is returned to the Common Council by the Area Plan Commission with an unfavorable recommendation. The requested rezoning is not consistent with the recommendations of the Land Use Plan and further the proposed use will generate large traffic volumes on the adjacent residential streets." The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in minutes of the public hearing and will be forwarded to you at a later date to be made a part of this report. Attached for your consideration in the review of this matter is the Area Plan Commission Staff Report. RSJ /cm cc: Rocco Papandria William D. Farmer Joseph T. Helling James Dincolo John R. Donahue ,Very truly yours,. s/ Richard S. Johnson Executive Director Councilman Kopczynski made a motion to set the ordinances referred to in the reports for public hearing and second reading on June 9, 1975, seconded by Councilman Horvath. The motion carried. REPORT FROM THE DIRECTOR OF THE DEPARTMENT OF PUBLIC PARKS Mr. James Seitz, Director of the Department of Public Parks, introduced Mr. Robert Goodrich, Director of Recreation. Mr. Goodrich stated that he had furnished the Council last week reports concerning programs of the Department of Recreation. He stated that he would comment briefly on those reports. He stated that golf, tennis and softball were well underway and were rapidly growi in the community. At the Leeper Park Tennis Center, over 600 people participated in the tourna- ment over the Memorial Day weekend. He indicated that he was concerned about electrical costs because many of the softball games were played under the lights. At present, there were 87 soft- ball teams in the league, an increase of 23 teams over last year. In addition, there were 20 church leagues and an additional two leagues which have not started play yet. He stated that the demand for golf has also greatly increased. Mr. Goodrich briefly talked about the operation of playgrounds for the summer months. Thirty -seven playgrounds would be operated for a nine -week period after June 9th. Two outdoor pools, one beach, six indoor pools, instructional and recrea- tional swimming, track programs at six different locations, bicycle hikes and programs, day camp programs, and drama and crafts programs will be operated during the summer months by the Departmen of Recreation. Mr. Goodrich indicated that the department would also work with the River Bend Plaza committees on activities and events throughout the summer. He explained that diving lessons for children eight years and over would be conducted during the summer at the various pools. A REGULAR MEETING MAY 27. 1975 REGULAR MEETING - RECONVENED (CONTINUED) one -half day junior naturalists' day camp would be held at the newly constructed Rum Village Nature Center. Thirteen professional band concerts would perform throughout the summer in addi- tion to 12 high school and junior high school band concerts. Councilman Kopczynski wondered if the public had been made aware of the summer programs sponsored by the Recreation Department. Mr. Goodrich indicated that all the media available to the department had been utilized. He stated that he received good cooperation from the news media concerning various events and activities. Councilman Kopczynski wondered if the children in the parochial schools were given information concerning the various activities. Mr. Goodrich indicated that a school community report was dis- tributed to each child in the public schools and an additional 5,000 copies were made for the children in the parochial schools. Councilman Kopczynski felt the department should print a schedule of on -going programs and have publication in the newspaper. Mr. Goodrich indicated that the State Board of Accounts had informed the department that such advertising was an illegal expenditure. He stated that the news media covers many of the department's activities. Councilman Kopczynski wondered if any programs had been dropped in the Sixth District, and Mr. Goodrich indicated that none were dropped. Councilman Serge felt the Park Department was doing a marvelous job despite the large reduction in the budget. He wondered about the dedication of Boland Park. He wondered if there could be two exits to the park. Mr. Seitz indicated that the park would be dedicated, and he stated that, in reference to the exits, the traffic engineer had advised against an access onto Bendix Drive for the safety of the children utilizing the park. Council President Parent thanked Mr. Goodrich for his presentation. Councilman Szymkowiak brought up the problem of cars parked on the lawns at Kennedy Park. He stated that even the police office . park their vehicles on the lawns. Mr. Seitz indicated that he had been discussing the need for full -time park police for many years. He indicated that the department had two part -time men working during the summer months. He stated that parking on the lawns could not be controlled by his department. He indicated that the Police Department was informed of these matters but they had other duties to perform. He talked about the problem of gambling taking place in some of the parks. He mentioned an incident over the Memorial Day weekend of persons cutting down trees at Edison Park. He stated that these persons were not arrested, and he was going to check into the situation. He felt full -time park policemen were needed in order to take care of these problems. Councilman Szymkowiak commended Mr. Seitz and his department for doing a fine job despite many problems encountered. He indicated that it was a privilege for him to serve on the Park Committee. Councilman Kopczynski asked that an answer be received from the Board of Public Safety as to why the city police were not enforcing the laws. He felt a letter should be directe to the board regarding its cooperation with the Park Department. Council President Parent asked the City Clerk to send such a letter. PETITION TO AMEND ZONING ORDINANCE (503 East Ohio Street) I (We), the undersigned, do hereby respectfully make application and petition the Common Council of the City of South Bend, Indiana, to amend the Zoning Ordinance of the City of South Bend as hereinafter requested, and in support of this application, the following facts are shown: 1. The property sought to be rezoned is located at 503 East Ohio Street. 2. The property is owned by H. N. Ruge. 3. A legal description of the property is as follows: Lots 8 and 9, Wenger and Kreighbaum Addition, South Bend, Indiana. 4. It is desired and requested that the foregoing property be rezoned from "B" Residential Use and "B" Height and Area District to "D" Light Industrial Use and "D" Height and Area District. 5. It is proposed that the property will be put to the following use and the following building(s) will be constructed: Use: Warehouse - storage of business inventory. The building proposed to be constructed: 58' 6" x 44' x 12' eave Pre - engineered steel building 6. Number of off - street parking spaces to be provided: six. 7. Attached is (a) an original ordinance and 25 copies; (b) an original petition and 20 copies; (c) a $10 filing fee; (d) an existing plot plan showing my property and other surrounding properties; (e) names and addresses of all the individuals, firms or corporations owning property within 300 feet of the property sought to be rezoned; and (f) 5 copies of a site development plan. Petition Prepared By: Glen Saha s/ H. N. Ruge and Marjorie D. Ruge Petitioners 503 East Ohio Street South Bend, Indiana Council President Parent indicated that action on the petition would be taken when the ordinance pertaining to it had first reading. ORDINANCES, SECOND READING ORDINANCE NO. 5833 -75 AN ORDINANCE FIXING MINIMUM AND MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, WITHIN THE DEPARTMENT OF HUMAN RESOURCES AND ECONOMIC DEVELOPMENT FOR THE YEAR OF 1975. This ordinance had second reading. Councilman Horvath made a motion to amend the ordinance as amended in the Committee of the Whole, seconded by Councilman Taylor. The motion carried. REGULAR MEETING MAY 27, 1975 REGULAR MEETING - RECONVENED (CONTINUED) Councilman Taylor then made a motion to pass the ordinance, as amended, seconded by Councilman Serge. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Mill Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent). ORDINANCE AN ORDINANCE APPROPRIATING $33,080.00 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 Kopczynski made a motion to continue the public hearing on the ordinance to the June 9, 1975, regular meeting of the Council, seconded by Councilman Taylor. The motion carried. ORDINANCE NO. 5834 -75 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 second reading. Councilman Taylor made a motion to pass the ordinance, seconde by Councilman Kopczynski. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent). RESOLUTIONS RESOLUTION NO. 482 -75 A RESOLUTION ESTABLISHING A REVIEW PROCEDURE FOR DEVELOPMENT IN SPECIAL FLOOD HAZARD AREAS. WHEREAS, in conjunction with the implementation of the National Flood Insurance Program, the Federal Insurance Administration has identified those areas in the City of South Bend, Indiana, having special flood hazards; and WHEREAS, it is the intent of the Common Council of the City of South Bend, Indiana, to establish a review procedure to apply as a minimum to all proposed development in special flood hazard areas; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: 1. The review of proposed development in special flood hazard areas shall take into account flood plain management programs, if any, already in effect in neighboring areas. 2. Within special flood hazard areas, laws and ordinances concerning land use and control and other measures designed to reduce flood losses shall take precedence over conflicting laws, ordinances, and codes. 3. Subdivision proposals, new or replacement water supply systems or sanitary sewer systems, applications for building permits and petitions for the granting of variances and special uses within special flood hazard areas shall be reviewed by the city and its agencies. If it appears that any of the above will be adversely affected by the special flood hazard area or that the flood hazard will adversely affect an above noted activity, the city shall require the review and approval by the Department of Natural Resources of the State of Indiana prior to its approval of any of the above noted activities. Such proposals shall be reviewed in accordance with the following standards: a. Subdivision proposals shall be reviewed to assure that (i) all such proposals are consistent with the need to minimize flood damage, (ii) all public utilities and facilities, such as sewer, gas, electrical, and water systems are located, elevated, and constructed to minimize or eliminate flood damage, and (iii) adequate drainage is provided so as to reduce exposure to flood hazards. b. New or replacement water supply systems or sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, and onsite water disposal systems shall be located so as to avoid impair- ment of them or contamination from them during flooding. c. Building Permit applications for new construction, substantial improvement, and major repairs shall be reviewed to assure that the pro- posed construction (i) is protected against flood damage, (ii) is designed (or modified) and anchored to prevent flotation, collapse, or lateral movement of the structure, (iii) uses construction materials and utility equipment that are resistant to flood damage, and (iv) uses construction methods and practices that will minimize flood damage. d. Petitions for variance and special uses shall be reviewed to assure that the proposed variance or special use is in accordance with the above flood plain management control standards. 4. Upon receipt of a Flood Insurance Rate Study and on publication and receipt of a Flood Insurance Rate Map for the City of South Bend, Indiana, from the Federal Insurance Administration, the Common Council of the City of South Bend will enact and enforce the land use controls required under the provisions of the National Flood Insurance Program, based on the engineering data included in said report. s/ Frank Horvath REGULAR MEETING MAY 27 1975 REGULAR MEETING - RECONVENED (CONTINUED) A public hearing was held at this time on the resolution. Mr. Rollin Farrand, Director of the Department of Public Works, explained that the resolution was needed as a part of the continuing process to enable residents and property owners to continue to be eligible for flood insurance. He referred to the resolution passed by the Common Council in 1971 concerning the flood insurance program. The proposed resolution would establish review procedures for development in special flood hazard areas. He stated that failure to pass the follow -up resolution would result in the inability of any developer or property owner to receive a loan from a federally insured lending institution or to be eligible for any federal funding in a flood plain area. He stated that, by July 1, the city must have certain legislation which was covered in the resolution. Councilman Miller wondered where the flood plain was located, and Mr. Farrand indicated that the flood plain map depicted the area along the St. Joseph River and the map was available in the Engineer's Office Councilman Kopczynski wondered if any federal tax money would be required for the project now or in the future. Mr. Farrand indicated that he could not think of any way in which the program wouR cost tax dollars. He stated that the Building Department would have to check building plans and he felt this could be incorporated into regular procedures. He indicated that, to completely floor proof areas, some money would be involved in order to save land and buildings. He felt such an expense would be worth it. Councilman Serge made a motion to adopt the resolution, seconded by Councilman Kopczynski. The resolution was adopted by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent). RESOLUTION NO. 483 -75 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A CHANGE ORDER FOR ONE CONTRACT IN EXCESS OF $5,000 FOR REHABILITATION WORK IN THE SOUTHEAST NEIGHBORHOOD DEVELOPMENT PROGRAM. WHEREAS, under the provisions of Ordinance No. 5689 -74, passed by the South Bend Common Council on June 24, 1974, all contracts in the Neighborhood Development Program in excess of $5,000 must be approved by the Common Council; and WHEREAS, a change order for one property to be rehabilitated under the Neighborhood Development Program will increase the original contract amount to exceed $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 amend their contract with Ted Combs Decorating and Construction, Inc., by means of a change order for rehabilitation work at 613 E. Keasey Street, South Bend, Indiana. The original contract price of $4,490.40, approved and awarded by the Redevelopment Commission on March 7, 1975, will be increased by $887.00 for an amended contract total of $5,377.40. The items and quantities of work contained in Change Order No. 1, Contract No. 10, are as follows: a. Replace waste lines to kitchen sink, replace P -trap and install continuous vent or Quik -vent. Repair damage to walls, floors and ceilings. b. Replace waste lines to lavatory in bathroom. Replace P -trap and install continuous vent or Quik -vent. Repair damage to walls, floors and ceilings. c. All waste and vent piping is to be installed according to the South Bend Plumbing Code. All scrap pipe is to be removed from the premises. 2. 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. s/ Roger 0. Parent Member of the Common Council A public hearing was held at this time on the resolution. Mr. Keith Crighton, Manager of the Bureau of Housing, indicated that the resolution was necessitated because of a change order in a contract with Ted Combs. The request for change orders was in the amount of $887 in order to replace waste lines and install new venting. He indicated that these conditions did not comply with the city code and were not known at the time the contract was let. Councilman Miller made a motion to adopt the resolution, seconded by Councilman Serge. The resolution was adopted by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent). Council President Parent reminded Councilman Miller that procedures of this type had been referred to his committee for study. He asked that the committee submit its report concerning this matter sometime in the near future. (RESOLUTION NO. 484 -75 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING THE PROPOSED PHASE IV OF THE AIRPORT INDUSTRIAL PARK. WHEREAS, the City of South Bend has cooperated with the local Economic Development Administration Committee of the Chamber of Commerce in the development of the Airport Industrial Park; and WHEREAS, the Economic Development Committee of South Bend has undertaken studies of the needs in the present Industrial Park; and WHEREAS, said committee has made recommendations for expansion which the Council believes have merit; and REGULAR MEETING MAY 27, 1975 REGULAR MEETING - RECONVENED (CONTINUED) RESOLUTION NO. 484 -75 (CONTINUED) "WHEREAS,.the success of any such project requires total commitment by the City of South Bend, its citizens and the Common Council, NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana: SECTION I. That the development of the Airport Industrial Park Phase IV is looked upon with favor by the Common Council of the City of South Bend and is recommended to the entire community as worthy of its support to provide a facility which would enhance the economic potential of the community, provide additional jobs in our labor market, and complement the commercial and academic growth of the South Bend Metropolitan area. SECTION II. That the City of South Bend, Indiana, through its Common Council, will appropriate $400,000.00 as its portion of Phase IV of the Airport Industrial Park when funding becomes necessary. SECTION III. This Resolution shall be in full force and effect immediately upon its passage by the Common Council of the City of South Bend, Indiana. s/ Roger O. Parent 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, explained that Phases I and II of the Airport Industrial Park were complete and largely occupied. Phase III was essentially complete with some work still being done) on the railroad spur. He stated that each of the development programs has required 50% matching funds from the local units of government to match the federal economic development administration grants. The development of Phase IV was now proposed and participation would involve the city and county. The county's involvement would be the construction of the Bendix Drive bridge over the toll road. He stated that it was proposed that the city reserve $400,000 to be used for the reconstruction of a portion of Bendix Drive as the city's match. He reminded the Council that this program would not provide for the reconstruction of the complete length of Bendix Drive. He indicated that he had submitted a breakdown of expenses to the councilmen in caucus last week. Councilman Miller asked about the progress at. the intersection of Lathrop and Bendix Drive. Mr. Farrand indicated that there was some construction at that intersection for Phase III of the Airport Industrial Park; however, the majority of the construction was related to the,railroad extension. Councilman Kopczynski wondered if the intersection could be made safer by moving the stop sign and obtaining some marked approach lanes. He felt that intersection was a problem and something should be done to correct the situation. Mr. Farrand indicated that he would check into the matter. Councilman Serge made a motion to adopt the resolution, seconded by Councilman Szymkowiak. The resolution was adopted 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 AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY.OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) - 503 East Ohio Street. This ordinance had first reading. Councilman Kopczynski made a motion to refer the ordinance, along with the petition, to the Area Plan Commission, seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $9,000.00 FROM THE LOCAL ROAD AND STREET FUND TO PROJECT R & S 71 -1975, LOGAN STREET FROM GRAND TRUNK AND WESTERN RAILROAD TRACKS NORTH TO BULLA STREET. This ordinance had first reading. Councilman Taylor made a motion to set the ordinance for public hearing and second reading on June 9, 1975, seconded by Councilman Horvath. The motion carried. ORDINANCE AN ORDINANCE TO APPROPRIATE $18,000 FROM THE LOCAL ROAD AND STREET FUND, AND $2,000 FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND TO PROJECT R & S 68, RECONSTRUCTION OF IRONWOOD ROAD FROM EDISON ROAD TO SOUTH BEND AVENUE (SR 23). This ordinance had first reading. Councilman Taylor made a motion to set the ordinance for publi hearing and second reading on June 9, 1975, seconded by Councilman Horvath. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $16,200 FROM THE LOCAL ROADS AND STREETS FUND AND $1,800 FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND TO PROJECT R & S 69, 1975 RECONSTRUCTION OF CHAPIN STREET FROM WESTERN AVENUE TO WASHINGTON STREET. This ordinance had first reading. Councilman Horvath made a motion to set the ordinance for public hearing and second reading on June 9, 1975, seconded by Councilman Taylor. The motion carried. REGULAR MEETING I MAY 27t 1975 REGULAR MEETING - RECONVENED (CONTINUED) ORDINANCE AN ORDINANCE APPROPRIATING $49,500 FROM THE LOCAL ROADS AND STREETS FUNDS AND $5,500 FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND TO PROJECT R & S 70 -1975, MIAMI ROAD FROM KERN ROAD TO JACKSON ROAD. This ordinance had first reading. Councilman Taylor made a motion to set the ordinance for public hearing and second reading on June 9, 1975, seconded by Councilman Horvath. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING THE SUM OF $5,000.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND FOR PROJECT CS9 -1975, MIAMI HIGHWAY SANITARY SEWER EXTENSION. This ordinance had first reading. Councilman Taylor made a motion to set the ordinance for public hearing and second reading on June 9, 1975, seconded by Councilman Horvath. The motion carried. ORDINANCE AN ORDINANCE FOR THE TRANSFER OF FUNDS WITHIN THE FIRE DEPARTMENT BUDGET IN THE AMOUNT OF $5,000.00 FROM LINE ITEM 110, "SERVICES PERSONAL ", TO LINE ITEM 262, "MEDICAL- SURGICAL - DENTAL ", BOTH ACCOUNTS BEING WITHIN THE FIRE DEPARTMENT BUDGET OF THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. This ordinance had first reading. Councilman Taylor made a motion to set the ordinance for public hearing and second reading on June 9, 1975, seconded by Councilman Miller. The motion carried. PRIVILEGE OF THE FLOOR Council President Parent indicated that he had requested the Housing Allowance Office to be presen- at this Council meeting in order to answer the questions that had come up atthe last Council meeting. He asked if Mrs. Irene Mutzl wished to restate her questions at this time. He stated that he would allow her and anyone else in the audience to ask questions, after which the repre- sentatives of the HAO would try to answer the questions. He indicated that he hoped a debate wouli not be entered into. Mrs. Mutzl indicated that she would again pose her questions. She asked why the county was surveyed when the housing program was a city program. She asked how the test cases were arrived at when, in fact, all the cases would be test cases because the program was an experimental one. She asked about the landlords raising the rent and advising people to go to the HAO to make up the difference. She stated that she appreciated the fact that Mr. Lennon had for - warded the amounts spent to date, and she indicated that Mr. Shea had also done this. She cal- culated that, thus far, the amounts totalled about one and a half million dollars being expended, and only a little over $6,000 had actually gone to the recipients. At the end of 1974, according to the audit, $18 had gone to a recipient. She stated that Rand, Westad and the HAO have funds. Rand and Westad are reimbursed for their expenses. Rand has spent $150,000, Westad $700,000 and the HAO over $500,000. She questioned this amount of money for getting the program off the ground She also questioned how many people of the low and medium- income groups had to pay taxes to get back this amount. She also wondered why the audit that was made was done by a firm in Milwaukee and not a firm from South Bend. She questioned why the Council had approved a program over which it had no control. She also mentioned the "harrassment" received by a certain party about partici. pation in the program. Mr. Charles Lennon, Executive Director of the Housing Allowance Office, made his presentation. He stated that, on April 2, there were many questions concerning the pro- gram and the response of the citizens in the community. The housing market was looked at in the county in general. Test cases totalled approximately 139 - -there was one test case in 1974. He explained that these test cases enabled the HAO to open its doors and accept participants into the program. Regarding the raising of rent by landlords, he indicated that, if a landlord makes certa: improvements in a home, he most certainly would have the right to raise the rent to compensate for this. He stated that this had not happened in Green Bay, however. He referred to the overhead projector and briefly explained the program. He indicated that an audit had been done by the same firm doing the audit in Green Bay. He talked about the number of preliminary applications being received by the HAO. He stated that one in every ten households responded. One in twenty actuall, applied for the program. Under the direction of Hollis Hughes, six interviewers have completed 695 interviews. The allowance payments reflected that of the 215 people paid as of last Friday, 41 were renters. He explained that the average payment going out to the 215 applicants was $76.16 for the renters, and $62.40 for the home owners. He talked about the objectives and guidelines used in the budgeting process. He talked about the high cost of administering the program during its first phases. He stated that these costs would decrease greatly from the third year on. He indicated that the HAO must account for its administrative costs and expenses. The proposed budget was submitted to HUD and the Housing Authority and the budget was officially accepted. He felt there were no inflated costs in the administrative expenses. He explained that, in the second year of the program, participants would be enrolled; however, administrative costs would decrease. Mr. Lennon indicated that 9,638 families could be enrolled per year during the life of the program. Salaries and fringe benefits would undoubtedly go up each year. He talked about the per unit cost per month. He stated that he was pleased with the response of the community. He indicated that some interviews are already being scheduled in August, but he hoped the backlog would be decreased soon. Mr. Michael Shea, Director of the Rand Corporation, talked about the higr administrative costs; however, he indicated that HUD felt it was worth spending this amount of money in an effort to save money that might be spent otherwise. Nationally, the amount of money spent for administrative expenses was quite small. Councilman Taylor indicated that he was glad to see the program in South Bend. He felt that the dangers of the program were brought out before and were never hidden. It was pointed out that there would be a need to monitor the program, and he felt that millions of federal tax dollars would be coming back to South Bend with the program, and he supported anything that would bring tax money back to the citizens. He stated that, if the program was not being started in South Bend, it would be started elsewhere and another city would benefit from the tax money. Councilman Kopczynski wondered if any community that had voted in favc of the program had eventually terminated it, and Mr. Shea indicated that there had not been one community to accept the program and then terminate it. Councilman Kopczynski wondered if there was any way that the program could adversely affect the stock of old rental housing. Mr. Shea felt REGULAR MEETING MAY 27, 1975 REGULAR MEETING - RECONVENED (CONTINUED) it would not have an adverse affect on the existing housing stock. If anything, it was hoped the housing could be improved upon. Councilman Kopczynski wondered how the people were selected to be participants. Mr. Shea indicated that all the taxpayers were checked and tenant - homeowner surveys were random sampled. Councilman Kopczynski asked why the HAO had been so insistent in certain cases. Mr: Shea explained the procedure utilized. He stated that a letter was sent out to the prospective applicant. Then a contact was made. If there was a refusal, after a considerable period of time, another letter was sent out. He indicated that there were two personal contacts made. Councilman Kopczynski indicated that he felt he had been harrassed about participation in the program. Mr. Shea apologized for this. He stated that he would take Councilman Kopczynski's comments into consideration and would advise the interviewers accordingly. Council President Parent thanked Mr. Lennon and Mr. Shea and other representatives of Rand, the HAO and Westad for being in attendance. UNFINISHED BUSINESS Council President Parent indicated that a decision must be made by the Council on whether or not a change in the site plan of Nohl and Betty Lueneburg for a rezoning of the northwest corner of Ireland Road and Ironwood Drive would constitute a major change. He indicated that the Council ha previously approved the rezoning and that a change was proposed in the site plan. He asked Mr. Lueneburg to briefly explain the proposed change. Mr. Lueneburg indicated that he resided at 248 Village Drive. He stated that he was requesting a revision from four buildings to two buildings. He felt it was not a major change in that all the existing building codes and ordinances were satisfied. He indicated that the Council had approved the matter and there were no remonstrances at that time. He explained that the actual footage of the buildings was reduced by five percent. He stated that the Area Plan Commission staff found no objection to the new lay- out, and he felt there would be less congestion because of the new layout. He asked that, in order to allow construction as soon as possible, the Council render a decision concerning the site plan change. Mr. Richard Johnson, Executive Director of the Area Plan Commission, explained the position of the commission. He stated that the commission was aware that the proposed buildings would be reduced. He explained that, whenever a revised site plan changes the size or location of the buildings, the commission must make the decision that it is a substantial change. Councilman Horvath wondered when the first plan was brought before the Area Plan Commission. Mr. Johnson indicated that, on July 9, 1973, the Council rezoned the property subject to a final site plan. On April 16, 1974, a site plan was approved. On August 20, 1974, a minor change was made. Councilman Horvath wondered why there was a delay of a year since approval of the site plan. He felt the matter should go back to the Area Plan Commission. Mr. Lueneburg talked about the condition of the economy and the reason for the delay. He talked about the need to have purchaser and the raise in the interest rates. He indicated that a long -term negotiation was needed and prime construction time was in the spring. Councilman Taylor indicated that, because of another rezoning coming to the Council in the future concerning property in the immediate area, he had talked to some of the residents along Ireland Road to get their viewpoint. He felt there was no objection to the proposed rezoning or the rezoning approved by the Council of the Lueneburg property. He, therefore, made a motion to approve the new site plan and grant the appeal, seconde by Councilman Horvath. Council President Parent indicated that the Council was not approving the site plan but was merely rendering a decision on whether or not the change in the site plan was a minor change. He asked that the motion be reworded to reflect the Council's decision. He talked about the procedure utilized by the city and the Area Plan Commission concerning rezonings. He mentioned the change in site plans after the rezonings were approved. He stated that he under- stood Mr. Lueneburg's desire to move forward on the project; however, he hoped a precedence would not be set because the citizens had not had an opportunity to discuss the matter and be made aware of the change. He wondered if perhaps in the future, public notice should be given the citizens. Councilman Taylor withdrew his original motion, and Councilman Nemeth indicated that he felt the motion made by Councilman Taylor was correct. He made a motion to approve the revised final site development plan and grant the appeal of the petitioner, seconded by Councilman Kopczynski. The motion carried. NEW BUSINESS Council President Parent indicated that the Board of Public Works had passed a resolution regardi the sale of city -owned property located at 2315 Linden'Avenue. He stated that, if there was objection to the sale, the Council would have to notify the Board of Public Works. There was no objection on the part of the Council to the sale of the property. Appointments Councilman Newburn made a motion to appoint Dr. Daniel Winicur, 1802 Dorwood Drive, to the South Bend Bicentennial Committee, seconded by Councilman Kopczynski. The motion carried unanimously. Councilman Serge made a motion to appoint Ms. Kay Azar, 119 South Tuxedo, to the Foster Grandpare Program of REAL Services, Inc., seconded by Councilman Taylor. The motion carried unanimously. Councilman Kopczynski made a motion to re- appoint Ronald Radecki, 121 South St. Peter, to the Civic Center Authority, seconded by Councilman Miller. The motion carried unanimously. Councilman Newburn made a motion to appoint Dr. Edward J. Mayo to the South Bend Public Transportation Corporation Board of Directors, seconded by Councilman Serge. The motion carried unanimously. Councilman Taylor made a motion to appoint Manuel Garcia, 917 Harrison Avenue, to the South Bend Crime Commission, seconded by Councilman Horvath. The motion carried unanimously. Council President Parent indicated that the Council had further appointments to make, and he invited the citizens to submit names of those persons interested in serving on any of the boards and commissions. Councilman Serge indicated that he wanted to clarify the Delos House operation on Bartlett Street and its move to the new location on North Frances Street. He stated that he had been accused of neglecting his duties as chairman of the committee appointed to look into the possible purchase of a building for the drug program. He talked about the problems encountered since the program was started. He indicated that the issue had been made a "hot potato ". He talked about the purchase of the home on Frances Street because of the objection received with the program being o REGULAR MEETING MAY 27, 1975 REGULAR MEETING - RECONVENED (CONTINUED) Bartlett Street. He explained that a delay had been encountered in moving to the new location because of the fact that the home was being rented to Notre Dame students. He stated that the home was a six - apartment complex and the purchase price was $38,000. On May 15, the students were moved out. He stated that appraisals for renovation were made on the house and an inspection was also conducted. He indicated that the Mental Health Association had somehow been able to pay the rent for the Bartlett Street property since the funds approved by the Council had been expended on February 14. There being no further business to come before the Council, unfinished or new, Councilman Taylor made a motion to adjourn, seconded by Councilman Horvath. Councilman Kopczynski indicated that he had a question concerning statements made by Councilman Serge regarding the drug abuse program. Council President Parent asked if the Council wanted to continue discussion or act upon the motion to adjourn. Councilman Kopczynski objected. Councilman Newburn felt the Council should act on the motion, and Councilman Taylor indicated that he wished to adjourn. The motion carried, and the meeting adjourned at 10:35 p.m. A- TTE S T : CITY CLERK +++++++++++++++++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++ REGULAR MEETING