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HomeMy WebLinkAbout03-08-76 Council Meeting Minutes. . . . . . . . . . . . . . . . . . . . ... . . . . . . . . .... / . . . . . . . . . .. . . . . . REGULAR MEETING MARCH 8, 1976 Be it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Monday, March 8, 1976, at 7:00 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: Council Members Serge, Szymkowiak, Miller, Taylor, Adams, Dombrowski, Horvath and Parent. ABSENT: Council Member Kopczynski Council Member Serge made a motion to resolve into the Committee of the Whole, seconded by Counc Member Dombrowski. 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, March 8, 1976, at 7:05 p.m., with eight members present. Chairman Frank Horva presided. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA (Linden- Gertrude Street area). This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Richard Johnson, Director of Area Plan, made the presentation for the ordinance. He said this land was annexed on January 2, and that Area Plan had 60 days to present a zoning ordinance to the Common Council, and the Council had 45 days to pass the ordinance, therefore, the area had to be rezoned to the new classification by April 1. Mr. Johnson showed an aerial photo of the boundaries. He said this property would be rezoned to "A" Residential and "A" Height and Area. Council Member Horvath inquired concer- ning the property on the corner of Olive and 23, since it was commercial under the county, he wondered if the residents would have to have it rezoned to commercial under the city. Mr. Johns( said it would not be necessary, since the operation was in effect at the time the land was annexe This is referred to as non- conforming use. He said he was not sure of the ordinance, but if they go out of business, any permitted use can be located on that particular site. Council Member Serge made a motion the ordinance be recommended favorably to the Council, seconded by Council Member Dombrowski. The motion carried. REGULAR MEETING MARCH 81 1976 ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA (Linden Road and Chippewa) This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Since there was no one to make the presentatio Council Member Horvath said they would delay this until someone could be located. ORDINANCE AN ORDINANCE AMENDING CHAPTER 16, ARTICLE 2 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA PERTAINING TO THE RULES AND REGULATIONS OF THE BOARD OF PUBLIC WORKS AND THE ADDITION OF AUTHORIZING THE TAKING OF COMPETITIVE BIDS FOR INSURANCE COVERAGE. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mrs. Mary Chris Adams, Council Member, made the presentation for the ordinance. She indicated any question from the public or the Council should be directed to her or the Council attorney. Mayor Peter J. Nemeth said the administration was leaning in the direction of going to bidding procedures. He said it will require specifications to be written in order to comply with State law. He said this will require the hiring of a staff and the Council should be aware of this when they ask for additional money to handle it. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, asked how this was pre- sently being handled. He wanted to know if the City was dealing with an insurance company and asking them to advise what the coverage should be. Mayor Nemeth said an agency is hired and the agent prescribes what he feels the City needs. The Mayor said he felt that someone in the profession would have to do the specifications since he did not feel the committee mentioned in the ordinance were qualified insurance people. Council Member Adams said that perhaps they would need some outside consultation, but in the past, some one in the City's administration decided if there would be a $100 deductible, the limits of liability, etc. Council President Parent said he did not realize there could be others on the committee. Council Member Adams, said there could be others on the committee, but she felt there should be a certain group responsible. Council Member Miller questioned the necessity of the publications for three weeks. Council Member Adams said that everything is usually published twice, and the insurance coverage for the city is such an important thing she felt it should be published three times, but that she was willing for this to be changed to two publications. Council Member Miller made a motion to amend paragraph (d) to read two weeks, and paragraph (c) change the word prepared to approved, seconded by Council President Parent. The motion carried. Council Member Miller made a motion that the ordinance be recommended favorably to the Common Council, as amended, seconded by Councilman Dombrowski. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $32,500.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS FIRE EQUIP- MENT TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS BUREAU OF FIRE SAFETY. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mayor Peter J. Nemeth made the presentation for the ordinance. He said the Council had requested this ordinance and that is why the admini tration submitted it. He said that bids have been taken and they are right around the $32,500 figure. Council Member Horvath asked the mayor if they wished to cut the ordinance. Mayor Nemeth said he thought it would run too close to cut the figure down. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, asked if they still in- tended to do the repair work on one of the older ambulances and retain it as a back -up. The mayor indicated this was their intention. Mr. Evans said that he thought later on in the meeting the Council would be considering exactly how much Revenue Sharing money was available, and evidently there is $32,500 for an ambulance. He said it could wind up there would be a deficit in the account. Council Member Horvath indicated that if the Council did not appropria it, there would be no deficit. Council Member Serge made a motion the ordinance be recommended favorably to the Council, seconded by Council Member Dombrowski. The motion carried. ORDINANCE AN ORDINANCE TRANSFERRING THE SUM OF $250,000.00 BETWEEN VARIOUS ACCOUNTS IN THE CUMULATIVE CAPITAL IMPROVEMENT FUND TO THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Council President Parent made a motion to amend the ordinance as follows: (A) Title: AN ORDINANCE TRANSFERRING THE SUM OF $200,000.00 BETWEEN VARIOUS ACCOUNTS IN THE CUMULATIVE CAPITAL IMPROVEMENT FUND OF THE CITY OF SOUTH BEND, INDIANA AND ESTABLISHING A SOUTH BEND PARKING FACILITIES STUDY COMMISSION. (B) Third Whereas: strike a surplus and insert funds in their place. (C) Section I. From $250,000.00 to $200,000.00 440.0 From $125,000 To $75,000 Total: From $250,000 To $200,000 810.0 From $250,000 To $200,000 REGULAR MEETING MARCH 8, 1976 (D) New Section II. That the funds transferred by this ordinance be spent as follows: A minimum of $100,000 to be applied to the Term Bond requirements and $100,000 be applied toward the Serial Bond payments due in 1976. (E) Section III. That a South Bend parking Facilities Study Commission be established jointly by the Mayor and City Council of South Bend, Indiana. There shall be nine members on the Commission, four appointed by the City Council and five appointed by the Mayor. The task of the Commission will include those listed below: 1. To develop a comprehensive parking plan for the City of South Bend. 2. To take a broad look not only at the downtown parking situation, but also to study the parking needs of all commercial areas of South Bend. 3. To study the parking facilities, experiments and plans of other communities so as to avoid duplication of parking experiments and to benefit from other communities' attempts. 4. To develop, recommend and monitor parking strategies for South Bend. 5. To study various ways of financing parking facilities, to explore the feasibility of establishing special taxing districts, and to determine the need for establishing a Parking Facilities Authority with bonding and other powers. 6. To recommend new state and local legislation as is deemed necessary. (F) Section II. becomes Section IV. seconded by Council Member Taylor. Mr. Peter Mullen, City Controller, indicated the Sinking Fund had a balance of $50,000 and was in arrears $425,000, and in order to remove this deficit, and to maintain current annual payments, $156,250 per year must be placed in the fund by December 31, 1976. He said it was very important to preserve our excellent bond rating. He indicated the administration was requesting the ordinance be passed in the sum of $250,000 in order to encourage new business to the downtown arez by offering free parking, and to maintain that the annual bond payments will be made. He said the administration urged the Council to approve the ordinance as submitted. Mr. Bob Blakeney, Chairman of the Chamber Parking Committee, for the Chamber of Commerce, said they would like to support this ordinance. He said that through the Council's and administration efforts much progress has been made on this problem. He said a question had been raised in re- gard to the daily parking rate being increased, but this would have to be approved by the Board of Public Works. He said a recent survey had indicated that the downtown needs more stores, better selection of merchandise and free parking. Mayor Peter J. Nemeth said he was very concerned about this amendment. He said they must pay $50,000 each year into the fund, which has not been done, and if the Council wished to cut back the money, pick on the free parking. He said the administration should not be limited to $100,000 for the Sinking Fund. Council President Parent said the Council was proposing to put $100,000 in the fund to pay $50,000 due in 1976 and another $50,000 to make up for the past years where we have not made any payments. He indicated the Council felt very strongly about the matter of subsidizing parking. He said that the reduction to $200,000 should not be interpreted as a negative move. He indica- ted that by attempting to establish a commission the Council was showing an interest in taking a comprehensive look at this problem. He said he thought his proposal was a step forward. Council Member "'iller said he would like a clarification on Section D, since he was not familiar with the way this money is moved. He said it indicates a minimum of $100,000 be applied to the Term Bond requirements, which is the Sinking Fund, and $100,000 toward the Serial Bond payment due in 1976, and he questioned where that would go. Mr. Peter Mullen, City Controller, said it was also the Sinking Fund. Council President Parent said the full $200,000 could go into the Sinking Fund. Council Member Miller said he was thoroughly confused in regard to the last sen- tence in this section, and would feel more comfortable if it wasn't there, since he did not under- stand it. Council President Parent explained the sentence, and agreed to strike it out since it would not effect the substance of the amendment. Council Member Miller made a motion to strike the third sentence in Section (D) of the proposed amendment, seconded by Council Member Taylor. Mayor Peter J. Nemeth objected strenously to the fact that this amendment would limit payments on the bonds. He asked that this money not be tied up, and the administration given flexibility' as to how to make the payments. Council President Parent indicated he did not understand why this amendment was not clear to everyone. He said it reduces the ordinance from $250,000 to $200,000, and makes sure at least $100,000 is paid toward the Term Bond and $100,000 toward the Serial Bond. He said it was a simple amendment and it was fairly clear what the Council wanted. He said the Council was will to make a $200,000 expenditure to subsidize parking. He said he was surprised at the comments that Mayor Nemeth had been making and thought it was a reasonable compromise of the Council. Mayor Nemeth said he wondered how many years it would take to pay off the bond. Council Presiden Parent said they were taking one year at a time. Mayor Nemeth said if the Council wanted to re- duce the ordinance to $200,000 this was fine, but do not limit the administration to the language, because it is important to get the Term Bond taken care of as quickly as possible. Council Member Szymkowiak said he agreed with the Mayor. He said we are not sure about Revenue Sharing money for next year, and as long as we are able to take care of our financial problems and have the money we should do so. He said he would recommend the ordinance be passed today for $250,000.00. Council Member Adams said Section II referred to a minimum of $100,000 be applied toward Term Bonds, but there could be more applied, therefore, the Council was not limiting the administration. REGULAR MEETING MARCH 8, 1976 Mayor Nemeth asked where the flexibility was with $100,000 going toward Term bonds and $100,000 to Serial Bonds. Council Member Miller said the rest of the money in the Sinking Fund could be applied. Council Member Adams indicated that perhaps the amendment could be changed to a minimum of $100,000 to be applied to the Term Bond requirement and the remaining be applied toward the Seri Bond, rather than the $100,000. This would mean more than $100,000 could be applied toward the Term Bond. Council President Parent said he did not understand the objection, and did not feel there should be another change in the amendment. The Mayor indicated the bond holder would not feel the City was acting in good faith by passing this amendment. Council President Parent said this was a situation where some people wanted $250,000 to subsidize parking, and the Council was willing to compromise. He said he felt there was no way a commit- ment of $100,000 to the Term Bonds would be interpreted as a negative sign by the bond holders. Council Member Taylor asked for a roll call vote on the amendment. The amendment.passed with five ayes (Council Member Serge, Taylor, Dombrowski, Horvath and Parent) and three nays (Council Member Szymkowiak, Miller and Adams). Council Member Parent made a motion to recommend the ordinance, as amended, to the Council favora- bly, seconded by Council Member Taylor. ORDINANCE AN ORDINANCE APPROPRIATING $250,000.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC WORKS PROGRAMS 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. Council Member`Taylor made a;motion to amend the ordinance by reducing it from $250,000 to $200,000 wherever it appeared in the ordinance, and under account 440 reduce it to $75,000 from $125,000, seconded by Council President Parent. The motion carried with Council Member Szymkowiak opposing. Council President Parent said that at the last Council meeting the Council asked the administra- tion to submit an ordinance to appropriate $250,000 of Revenue Sharing funds to replace the funds we are appropriating for subsidizing the parking garages. Mayor Peter J. Nemeth said he would like the Council to refer this ordinance to committee, since the money was not needed at this time, but might be needed later. Mr. Conrad Damian, 718 E. Broadway, said he wondered if someone could tell him when the entitle- ment year began, the current entitlement for Revenue Sharing funds, and when the plan was sub- mitted for intention to use the funds. All his questions were answered by the Controller's offic( Council Member Horvath asked Mr. Damian to speak to the issue at this time and if he had any fur- ther questions he could speak later in the Privilege of the Floor portion of the meeting. Council Member Taylor made a motion to send this ordinance to the Committee on Public Works, seconded by Council Member Szymkowiak. of Council President Parent asked the purpose4 sending it to Committee. Council Member Taylor said was in agreement with the Mayor. Council President Parent asked Council Member Miller about the legal commitment to Century Center and Council Member Miller indicated that he assumed the Controller would indicate that our con- tractual obligation for Century Center that were to be filled by COIF would be assured if this is in committee. Mr. Mullen, City Attorney, said the Council is the one that approved Revenue Sharing. Council Member Horvath asked if there was anybody in the audience at this time to make the pre- sentation on the zoning ordinance for Linden and Chippewa. There was no one in the audience. Council Member Horvath said he thought this was an accompanying ordinance to the Linden Road - Gertrude Street area. Council Member Miller indicated that Mr. Johnson had made a presentation fc both ordinances at the same time, and if there were no questions we could go ahead. Council Member Taylor made a motion that this ordinance be recommended favorably to the Council, seconded by Council„ President Parent. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Taylor made a motion to rise and report to the Council, seconded by Council Member Adams. The motion carried. ATT ST: ATTEST: City Clerk Chairman Council Member Taylor made a motion to recess, seconded by Council Member Miller. The motion carried. The meeting recessed at 8:20 p.m. REGULAR MEETING - RECONVENED Be it remembered that the regular meeting of the Common Council of the City of South Bend recon- vened in the Council Chambers at 8:40 p.m., Council President Parent presiding, and eight 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 February 23, 1976, meeting of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. s/ Roger 0. Parent REGULAR MEETING MARCH 8, 1976 Council Member Serge made a motion that the report be accepted as read, placed on file and the minutes be approved, seconded by Council Member Horvath. The motion carried. REPORT FROM THE COMMITTEE OF THE WHOLE Council Member Taylor made a motion to waive the reading of the report of the Committee of the Whole, seconded by Council Member Serge. The motion carried by a roll call vote of eight ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Adams, Dombrowski, Horvath and Parent) PETITION TO AMEND ZONING ORDINANCE (2018 East Mishawaka Ave. & 2022 E. Mishawaka Ave.) 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: 2018 East Mishawaka Ave. and 2022 East Mishawaka Avenue, South Bend, Indiana 2. The property is owned by: Lynn J. and Ruth M. Hoover, Husband and Wife, 51895 Old Mill Road, South Bend, Indiana 46637 3. A legal description of the property is as follows: Lots Numbered Forty -six (46) and Forty -seven (47) in B.F. Dunn's First Addition, a recorded Plat in the City of South Bend, Indiana 4. It is desired and requested that the foregoing property be rezoned: From B Use and A Height and Area District To C -1 Use and A Height and Area District. 5. It is proposed that the property will be put to the following use and the following buildings (s) will be constructed (Include Number of dwelling units, if residential): Residence located on property at 2022 East Mishawaka Avenue will be used for real estate sales office; residence at 2018 East Mishawaka Avenue will be used as a beauty shop on the first floor and a real estate appraisal office on the second floor. No new buildings will be constructed. Two dwelling units presently exist on the premises. 6. Number of off - street parking spaces to be provided: Twelve 7. Attached is (a) an original ordinance and 25 copies; (b) an original petition and 20 copies; (c) a $10 filling 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. s/ Lynn J. Hoover Ruth •M: Hoover Signature of Petitioners Petition Prepared By: Russell H. Fisher, Attorney 301 Commerce Building, South Bend, In. PETITION TO AMEND ZONING ORDINANCE (St. Road 23 between Edison and St. Road 23) We, the undersigned, do hereby respectfully make application and petition the Common Council of the City of South Bend 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 West of the re- stretch of state road 23 and Edison road between Edison and State Road 23. 2. The property is owned by: University of Notre Dame du Lac. Under option to Stanley P. Pietzak and H. N. Michael Lind. 3. A legal description of the property is as follows: A tract of land located in the Northwest Quarter of Section 6 and the Northeast Quarter of Section 6 all in township 37 North Range 3 East and the West Half (Z) of vacated Ivy Road lying South of Edison Road and North of Indiana State Highway # 23 in the city of South Bend, Indiana, more particularly described as follows: Beginning at a point on the East line of the Northwest Quarter of sai Section 6, 60.00 feet South of the Northeast corner of said Northwest Quarter; thence South 890 47' 45" West, 385.54 feet; thence South 00 12' 15" East, 100.00 feet to the point of curvature of a curve with a REGULAR MEETING MARCH 8, 1976 deflection angle of 620 13' 18" to the left and a radius of 160.00 feet; thence Southeasterly along said curve an arc distance of 173.75 feet to the point of tangency of said curve; thence South 620 25' 33" East, 106.27 feet to the point of curvature of a curve with a deflection angle of 250 42' 03" to the right and a radius of 240.00 feet; thence Southeasterly along said curve an arc distance of 107.65 feet to the point of tangency of said curve; thence South 360 43' 30" East, 100.00 feet; thence North 530 16' 30" East, 79.83 feet to the east line of said Northwest Quarter thence South 00 00' 00" East along said East line of the Northwest Quarter 6.06 feet, thence North 530 38' 45" East 237.46 46 feet to the centerline of vacated Ivy Road; thence North 00 09' 45" East along said centerline of vacated Ivy Road 259.34 feet; thence South 890 49' 45" West, 191.98 feet to the place of beginning, containing 4.2187 acres more or less. 4. It is desired and requested that the foregoing property be rezoned; From A Residential Use and A Height and Area District To C Commercial Use and G 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 (include number of dwelling units if residential) One building having a hotel with 200 rooms and related facilities. 6. Number of off - street parking spaces to be provided. 300 7. Attached is a copy of (a) an existing plot plan showing my property and other surrounding properties; (b) names and addresses of all the individuals, firms or corporations owning property within 300 feet of the property sought to be rezoned; and (c) site development plan. S/ Stanley P. Pietzak -- 302 Ostemo Place s/ H.N. Michael Lind - -- RR #1 Box 208 Hamp Signature of Petitioners Ill. J. Wilson Petition Prepared By Council President Parent announced that the petitions would be handled with the accompanying ordinances under first reading. ORDINANCES, SECOND READING ORDINANCE NO. 5955 -76 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA (Linden Road - Gertrude Street Area). This ordinance had second reading. Council Member Miller made a motion to pass the ordinance, se- conded by Council Member Szymkowiak. The ordinance passed by a roll call vote of eight ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Adams, Dombrowski, Horvath and Parent). ORDINANCE NO. 5956 -76 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA (Linden and Chippewa). This ordinance had second reading. Council Member Dombrowski made a`motion to pass the ordinance, seconded by Council Member Taylor. The ordinance passed by a roll call vote of eight ayes Council Members Serge, Szymkowiak, Miller, Taylor, Adams, Dombrowski, Horvath and Parent) ORDINANCE NO. 5957 -76 AN ORDINANCE AMENDING CHAPTER 16, ARTICLE 2 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA PERTAINING TO THE RULES AND REGULATIONS OF THE BOARD OF PUBLIC WORKS AND THE ADDITION OF AUTHORIZING THE TAKING OF COMPETITIVE BIDS FOR INSURANCE COVERAGE OF THE CITY. This ordinance had second reading. Council Member Taylor made a motion to amend the ordinance as amended in the Committee of the Whole, seconded by Council Member Miller. The motion carried. Mayor Peter J. Nemeth said he would like to propose an amendment to section (f) so that it reads the lowest or best bidder. Council Member Taylor made such a motion, seconded by Council Member Dombrowski. Council Member Adams asked the Council attorney why it was lowest and best. Miss Cekanski Council attorney indicated that it should be lowest or best. The motion carried. Council Member Serge made a motion to pass the ordinance as amended, seconded by Council Member Dombrowski. The ordinance passed by a roll call vote of eight ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Adams, Dombrowski, Horvath and Parent). ORDINANCE NO. 5958 -76 AN ORDINANCE APPROPRIATING_$32- 500..00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS FIRE EQUIPMENT, TO BE AD- MINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS BUREAU OF FIRE SAFETY. This ordinance had second reading. Council Member Dombrowski made a motion to pass the ordinance, seconded by Council Member Szymkowiak. The ordinance passed by a roll call vote of eight ayes (Council Members, Serge, Szymkowiak, Miller, Taylor, Adams, Dombrowski, Horvath and Parent). ORDINANCE NO. 5959 -76 AN ORDINANCE TRANSFERRING THE SUM OF $200,000 BETWEEN VARIOUS ACCOUNTS IN THE CUMULATIVE CAPITAL IMPROVEMENT FUND OF THE CITY OF SOUTH BEND, INDIANA, AND ESTABLISHING A SOUTH BEND PARKING FACILITIES. lire, REGULAR MEETING MARCH 8t 1976 This ordinance had second reading. Council Member Taylor made a motion to amend the ordinance as amended in the Committee of the Whole, seconded by Council Member Dombrowski. The motion carried, with Council Member Szymkowiak opposing. Council Member Adams said she would like to explain her vote in the Committee of the Whole porti She said she would have liked to reduce it further than the $200,000. She asked if.the Council could go on record as saying the intent of the new section is that at least $100,000 will be put -toward Term Bonds, and with sufficient revenue even more than that could possibly be put toward them so we would be current. Council President Parent said there would be a minimum of $100,000 applied toward the Term Bonds.I The other $100,000 would be applied toward the Serial Bond payment to make up for loss of revenue There will be at least $100,000 available to make up the loss of revenue from free parking. Council Member Taylor made a motion to pass the ordinance as amended, seconded by Council Member Dombrowski. The ordinance passed by a roll call vote of seven ayes (Council Members Serge, Mille Taylor, Adams, Dombrowski, Horvath and Parent) and one nay (Council Member Szymkowiak). ORDINANCE AN ORDINANCE APPROPRIATING $200,000 from the FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC WORKS PROGRAMS BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC WORKS This ordinance had second reading. Council Member Taylor made a motion that this ordinance be sent to the Committee on Public Works, seconded by Council Member Dombrowski. The motion carries RESOLUTION NO. 508 -76 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR .TO SUBMIT TO THE UNITED STATES GOVERNMENT, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AN APPLICATION FOR COMMUNITY DEVELOPMENT FUNDS UNDER TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974. Whereas, the Mayor of the City of South Bend is the Chief Executive Officer of the City and is the Applicant for Community Development funds under Title I of the Housing and Community Development Act of 1974. NOW, THEREFORE, BE IT RESOLVED THAT THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. Hereby establish the authority of the Mayor of the City of South Bend to submit an application for Three Million Two Hundred and Forty -Eight Thousand Dollars ($3,248,000, to the United States Government, Department of Housing and Urban Development under Title I of the Housing and Community Development Act of 1974. SECTION II. For every category established under this resolution, the Mayor shall su mit to the Common Council a line item budget in Ordinance form prior to any expenditures of any grant money received upon approval of this application. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/ Roger 0. Parent Member of the Common Council A public hearing was held at this time on the resolution. Mr. William Gilkey, Director of Human Resources and Economic Development explained the reason for this resolution. He said this was the city's second year Community Development Application. He said they believed their plan was a good one since it addressed the broad needs of our community. He then summarized the plan and the budget figures. He asked the Council's approval of this resolution. Mayor Nemeth said there was an addendum he would like to make regarding this proposal concerning salary increases. The salxy of the executive director of Community Development, Mr. Gilkey, is included in the proposal, in the amount of $5,000. He said they would like to add $3,000 for the controller and $2,000 for the director of the Department of Public Works. He said this would make their approximate salaries, $22,900 for the city engineer, $22,400 for the director of Human Resources, and slightly over $22,000 for the controller. He indicated the federal programs have created additional burdens and if we are to maintain a high standard in government we must pay wages that are at least commensurate with the job. He said it had been brought to his attention that the Council passed an ordinance last year that included some Community Development salaries, but this only carried until the end of 1975, and if the Council so desires they could submit an- other ordinance. Council Member Taylor asked if the mayor was requesting an amendment. Mayor Nemeth said that this did not require an amendment. He said he thought that if they submitted a salary ordinance it should be for the fiscal year of the program. Mr. Franklin Morse, 2921 Caroline, Chairman of the Board of Safety, said he would like to discuss the relocation expense which was $30,000. He said the reason for his concern was the need for partial relocation assistance pay in code enforcement. He said the relocation assistance act appears to mandate an agency to provide certain relocation allowances and advisory assistance, and it was his understanding that no such funds were available. He said it appears the city may not be fulfilling its statutory obligation, and in addition there was a problem of code enforce- ment. He said it was impossible to have adequate code enforcement unless there was the facility of relocation assistance and advice. Mr. Dan Stoltzfus, 409 E. Broadway, said the Southeast Neighborhood encourages the Council to pass this resolution. He said there had been negative comments made about relocation, but it has met the needs of the poor and elderly in the community. He said he was pleased to.-.see money available for curbing and street sealing, but Yee thought the items should be handled with other funds. REGULAR MEETING MARCH 8, 1976 Mr. Gene Evans, Executive Secretary of the Civic Planning Association, questioned the advisory cost which appeared in the proposal. He said in the past a lot of the Community Development employees were students, therefore, a vast amount of experience is not required. The position of inter - governmental coordinator is in the proposal, however, in the past administration this position was not within Community Development, it was in the mayor's office. So we are now looking at the addition of one new member to the staff. He said these programs do have ad- visory costs, but that for every dollar put into advisory costs that means one dollar less for programs that have a direct benefit to the community. Mrs. Louvenia Cain, 1207 W. Washington, said she had been observing the program for more than four years, and that it has come a long way. She said she hoped the Council would look favor- ably upon this resolution. Dr. Lillian Stanton, 919 Oakridge, said she would like to urge all positions funded under Com- munity Development be advertised in line with affirmative action. Council Member Serge questioned Mr. Gilkey as to how they came up with the figures for the four districts. He said the northwest was $100,000 less than the other areas and it has the highest crime rate in the city. Mr. Gilkey said that land use planners had traveled the different quads of the city and observed the needs. He said then a discussion was held as to how they could best serve each of the quads. He said that hopefully next year more funds will be received and they could shift the funding. Council Member Adams commended Mr. Gilkey and his staff. She said the citizens should be aware that the resolution does not signify approval of the salaries, this is just a resolution to appl for the money. She said she would like to make an amendment under Section II to read, For each category established under this resolution, the mayor shall submit to the Common Council a line item budget in ordinance form prior to any expenditure of any grant money received upon approval of this application, seconded by Council Member Horvath. Mr. Gilkey said it was his understanding that this was the procedure they followed. He said the were not seeking an ordinance for salaries but a resolution to Hud to meet the March 15 deadline Council Member Horvath asked if Mr. Gileky was disagreeing with the amendment. He said the Coun it was willing to pass the resolution but they were also asking that Mr. Gilkey come back with a line item budget before the money is spent. Council Member Miller said he would like the word category defined in the amendment, and suggest- ed it be changed to program activity. Council Member Adams said it was her intent to be sure anc include advisory cost. She said she did not feel there was any problem with the word category. The motion carried. Council Member Adams asked Mr. Gilkey if he felt it was necessary to spend such large amounts on rehab work, or would it be best to take care of major problems and if there is money left come back and pick up those that are not life and death matters. Mr. Gilkey said he could see where improvement could be made in many areas. He said they were talking about participants matching funds to provide an incentive. Council President Parent said he would like to commend Mr. Gilkey and his staff for the fine proposal. Council Member Taylor made a motion to adopt the resolution, seconded by Council Member Adams. The resolution was adopted by a roll call vote of eight ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Adams, Dombrowski, Horvath and Parent). RESOLUTION 509 -76 A RESOLUTION OF THE COMMON COUNCIL OF THE` CITY OF SOUTH BEND, INDIANA, APPROVING THE AWARDING OF NINE CONTRACTS IN EXCESS OF $5,000 FOR REHABILITATION WORK IN THE COMMUNITY DE- VELOPMENT PROGRAM WHEREAS, under the provisions of Ordinance No. 5872 -75, passed by the South Bend Common Council on August 11, 1975, all contracts under the Community Development Housing Program in excess of $5,000 must be approved by the Common Council; and WHEREAS, low bids for nine properties to be rehabilitated under the Community Development Housing Program have exceeded $5,000. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana: 1. That approval be granted to the Redevelopment Commission of the City of South Bend, Indiana, to enter into a contract with Fleming Masonry and Construction for the rehabilitation of the following properties:. Lot 25 Indiana 533 E. Indiana Ave. $5,462.00 Avenue Add. Lots 7 -8 Dubails 129 E. Dayton St. $6,442.00 lst Add. Lot 16 Kirbys 415 E. Ohio St. $7,465.00 Lot 107 Bowmans 310 E. Dubail Ave. $5,570.00 Place Lot 175 W &K Replat 605 E. Broadway $5,542.00 Wegners 6th Add. 2. That approval be granted to the Redevelopment Commission of the City of South Bend, Indiana, to enter into a contract with Area Services, Inc. for rehabilitation of the following property: Lot 14 Kirbys 407 E. Ohio St. $7,276.00 REGULAR MEETING MARCH 8, 1976 3. That approval be granted to the Redevelopment Commission of the City of South Bend, Indiana, to enter into a contract with Ted Combs Decorating & Construction Company for the re- habilitation of the following properties: Lot S Elder Place Lot 73 Indiana Ave. Add. Lot 40 Indiana Ave. Add. 301 Pennsylvania 608 E. Haney 637 E. Indiana Ave. $6,694.62 $5,458.17 $5,315.55 4. That 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 /Robert G. Taylor Member of the Common Council A public hearing was held at this time on the resolution. Mr. Keith Crighton, director of the Bureau of Housing briefly summarized the resolution and asked the Council to approve it. Council Member Dombrowski asked if this was for the interior or exterior, or both. Mr. Crighton said it was for both, and for major problems only. He said they were interested in maintaining the property and bringing it up to minimum code. Council Member Dombrowski said that some of these houses are not worth what is being put into them. He indicated he thought it would be better to use the money for a downpayment on another house. Mr. Crighton said these people are of such low income they could not make a house payment. Council Member Miller said in response to Council Member Dombrowski, that these people want to stay where they are, and that we should attempt to somehow preserve the existing houses in those neighborhoods. He said he thought the program was working better than some people thought it would. Council Member Adams said she felt they should only look at priorities, and not pay to have ceilings painted and storm doors and windows_ purchased. Mr. Crighton said that every item in the contract is considered a major code violation. He said in cases where the home owner is physically able, they are instructed to do-the painting themselves. Council Member Dombrowski asked if when these homes are rehabilitated would they qualify for housing allowance. Mr. Crighton said that to qualify for housing allowance you must correct every code violation. He said the majority will qualify, but some will not, however, some are receiving housing allowance assistance. Council Member Horvath made a motion to adopt the resolution, seconded by Council Member Taylor. The resolution was adopted by a roll call vote of eight ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Adams, Dombrowski, Horvath 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). (2018 & 2022 MISHAWAKA AVE.) This ordinance had first reading. Council Member Horvath made a motion to refer the ordinance and petition to Area Plan, seconded by Council Member Dombrowski. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $9,000.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING TO PROGRAM FA101 STREET DEPARTMENT CONSTRUCTION EQUIPMENT TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS BUREAU OF STREETS. This ordinance had first reading. Council Member Dombrowski made a motion to set the ordinance for public hearing and second reading on March 22, 1976, seconded by Council Member Horvath. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING THE SUM OF $10,504.36 FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND TO THE GENERAL IMPROVEMENT FUND. This ordinance had first reading. Council Member Adams made a motion to set the ordinance for public hearing and second reading on March 22, 1976, seconded by Council Member Taylor. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING THE SUM OF $81,869.12 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND TO THE GENERAL IMPROVEMENT FUND. This ordinance had first reading. Council Member Taylor made a motion to set the ordinance for public hearing and second reading on March 22, 1976, seconded by Council Member Dombrowski. The motion carried. REGULAR MEETING MARCH 8, 1976 ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA (Edison Road between State Road 23). This ordinance had first reading. Council Member Taylor made a motion to refer the ordinance and petition to Area Plan, seconded by Council Member Miller. The motion carried. ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 5820 -75 ESTABLISHING A MERIT SYSTEM OF PROMOTIONS FOR THE BUREAU OF POLICE OF THE CITY OF SOUTH BEND This ordinance had first reading. Council Member Taylor made a motion to set the ordinance for public hearing and second reading on March 22, 1976, seconded by Council Member Serge. The motion carried. PRIVILEGE OF THE FLOOR Mr. Robert Swanson, President of the Michia.na Cahpter of the National Paraplegia Foundation, said that with the passage of the Rehabilitation Program Law, September 1, 1975, the State of Indiana will receive $76,000,000, to be disbursed throughout the state. He said these funds will be handled through the welfare offices. He said he found on entering the St. Joseph County Welfare Office there was no entrance for the hanidcapped. He said this was a violation of code and it was up to the Council to:,see. that something was done. Council President Parent suggested the Council ask the city attorney, and also the Building Department Commissioner, to look into this matter and report back to the Council in two or three weeks. Mr. Conrad Damian, 718 E. Broadway, again spoke on Revenue Sharing money. He said he would recommend the Council consider having a public hearing on the spending of these funds. Dr. Lillian Stanton, 919 Oakridge, said she wondered who took away the seats that belong in the hallway. Mr. Joseph M. Lehner, President of S.T.A.R.T., said that for the past five years this re- cycling center had served the South Bend Community. He said by the end of April the center may be forced to close unless some form of help is offered soon. He said recycling is im- portant, and it would be a mistake to cease the operation. He said they felt it was the responsibility of local government to aid in the preservation of our environment. Council President Parent said he would like to think that local government can assist in the effort to recycle. He said he would bring this up to the Council in caucus. UNFINISHED BUSINESS Council Member Serge made a motion to set to set the ordinance to appropriate $112,500 from the Local Road and Street Fund and $12,500 from line item 260.0 of the Cumulative Capital Improvement Fund to Project R &S 48, Phase III, Ironwood Road from approximately 500' south of Inwood road north to north of Ridgedale Road, for public hearing and second reading on March 22, seconded by Council Member Taylor. The motion carried. NEW BUSINESS Council Member Dombrowski made a motion to appoint Mr. Robert Swanson to the Human Rights Commission, seconded by Councilman Adams, the motion carried. Council President Parent asked for suspension of rules in order that they could adopt resolu- tions in regard to "Thank Holy Cross Week ". Council Member Miller made a motion to suspend the rules, seconded by Council Member Taylor. The motion carried by a roll call vote of eight ayes (Council Member Serge, Szymkowiak, Miller, Taylor, Adams, Dombrowski, Horvath and Parent). RESOLUTION NO. 510 -76 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COM- MENDING THE PRIESTS OF THE CONGREGATION OF THE HOLY CROSS. WHEREAS, the Priests of the Congregation of Holy Cross have served many of the people of !, South Bend Community, spiritually, educationally, and medically from their beginnings in 1982;'. and WHEREAS, the Priests of the Congregation of Holy Cross have given outstanding moral leadership and service in their spiritual influence through their many churches, parishes, retreat and mission homes; and WHEREAS, the Priests of the Congregation of Holy.Cross have given outstanding health and medical services through their nursing and hospital experiences in the community NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend: SECTION 1. That the citizens of South Bend, through their Common Council, Commend and congratulate the Priests of the Congregation of Holy Cross for their exemplory spiritual, educational, and medical service to the people of the South Bend Community. SECTION 2. That the Common Council further expresses its appreciation for the many services of the Priests of the Congregation of Holy Cross by designating and:- celebrating March 19, 20, and 21 as "Let's Thank Holy Cross Week" with other groups within our community. REGULAR MEETING MARCH 8, 1976 SECTION 3. That the Common Council wish the Priests or the congregation oz noiy Cross continued success in their many services to the people of our community. SECTION 4. That this resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Roger O. Parent President of the Common Council Council Member Miller made a motion to adopt this resolution, seconded by Council Member Horvath. The resolution was adopted by a roll call vote of eight ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Adams, Dombrowski, Horvath and Parent.) RESOLUTION NO. 511 -76 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA COM- MENDING THE SISTERS OF THE CONGREGATION OF THE HOLY CROSS. WHEREAS, the Sisters of the Congregation of the Holy Cross have served many of the people of the South Bend Community, spiritually, educationally, and medically from their beginnings in 1843; and WHEREAS, The Sisters of the Congregation of the Holy Cross have given oustanding moral leadership and service in their spiritual influence through their many churches, parishes, retreat and mission homes; and WHEREAS, the Sisters of the Congregation of the Holy Cross have given outstanding educational services through their teachings in colleges, universities, high schools and elementary schools; and WHEREAS, The Sisters of the Congregation of the Holy Cross have given outstanding health and medical services through their nursing and hospital experience in the community NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend: SECTION 1. That the citizens of South Bend, through their Common Council, commend and congratulate the Sisters of the Congregation of the Holy Cross for their exemplory spiritual educational, and medical service to the people of the South Bend .Community SECTION 2. That the Common Council further expresses its appreciation for the many services of the Sisters of the Congregation of the Holy Cross by designating and celebrating March 19, 20, 21 as "Let's Thank Holy Cross Week" with other groups within our community. SECTION 3. That the Common Council wish the Sisters of the Congregation of the Holy Cross continued success in their many services to the people of our Community. SECTION 4. That this resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Roster 0. Parent Member of the Common Council Council Member Miller made a motion to adopt this resolution, seconded by Council Member Horvat The resolution was adopted by a roll call vote of eight ayes (Council Members Serge, Szymkowiz Miller, Taylor, Adams, Dombrowski, Horvath and Parent). RESOLUTION NO. 512 -76 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING THE BROTHERS OF THE CONGREGATION OF HOLY CROSS. WHEREAS, the Brothers of the Congregation of Holy Cross have served many of the people of the South Bend Community, spiritually, educationally, and medically from their beginnings in 1842; and WHEREAS, the Brothers of the Congregation of Holy Cross have given outstanding moral leadership and service in their spiritual influence through their many churches, parishes, retreat and mission homes; and WHEREAS, the Brothers of the Congregation of Holy Cross have given outstanding educationa: services through their colleges, universities, high schools and elementary schools; and WHEREAS, the Brothers of the Congregation of Holy Cross have given outstanding health and medical services through their nursing and hospital experience in the community NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend: SECTION 1. That the citizens of South Bend, through their Common Council, commend and congratulate the Brothers of the Congregation of Holy Cross for their exemplory spiritual, educational, and medical service to the people of the South Bend Community. SECTION 2. That the Common Council furtherrexpresses its appreciation for the many ser- vices of the Brothers of the Congregation of Holy Cross by designating and celebrating March 19, 20 and 21 as "Let's Thank Holy Cross Week" with other groups within our community. SECTION 3. That the Common Council wish the Brothers of the Congregation of Holy Cross continued success in their many services to the people of our community. SECTION 4. That this resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. sl Roger 0. Parent President of the Common Council 41 REGULAR MEETING MARCH 8, 1976 i - Council President Parent made a motion to adopt this resolution, seconded by Council Member Taylor. The resolution was adopted by a roll call vote of eight ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Adams, Dombrowski, Horvath and Parent). There being no further business to come before the Council, unfinished or new, Councilman Horvath made a motion to adjourn, seconded by Councilman Miller. The motion carried and the meeting was adjourned at 10:25 p.m. ATTEST: APPROVED CITY CLERK PRES E '