Loading...
HomeMy WebLinkAbout06-12-72 Council Meeting MinutesREGULAR MEETING JUNE 12, 1972 Be it remembered that the Common Council of the City of South Bend, Indiana met in the Council Chambers of the County -City Building on Monday, June 12, 1972 at 8:06 p.m. The meeting was called to order by President Peter J. Nemeth and the Pledge of Allegiance to the flag was given. ROLL CALL PRESENT: Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth. ABSENT: None RESOLVE INTO THE COMMITTEE OF THE WHOLE Council President Nemeth entertained a motion to resolve into the Committee of the Whole, so moved by Councilman Taylor, seconded by Councilman Taylor, and carried. COMMITTEE OF THE WHOLE MEETING Be it remembered that the Common Council of the City of South Bend, Indiana met in the Committee of the Whole in the Council Chambers of the County -City Building on Monday, June 12, 1972 at 8:07 p.m. with nine members present. The meeting was called to order by Chairman Odell Newburn, who presided. ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WASTEWATER TREATMENT PLANT OF THE CITY OF SOUTH BEND, INDIANA, AND ROMY HAMMES, INC., SOUTH BEND, INDIANA, FOR THE PURCHASE OF ONE 1972 FORD F -600 24,000 G.V.W. CAB AND CHASSIS IN THE AMOUNT OF $3,744.63. This being the time heretofore set for public hearing on the above, ordinance, proponents and opponents were given an opportunity to be heard thereon. Mr. Paul Krueper, Director of Utilities, explained that this is a replacement for a 1968 truck which has 4Q,000 miles on it and has served its purpose. To keep the truck fleet in good condition, equipment is replaced when it begins to need costly repairs. Councilman Nemeth asked why this truck was picked to be replaced and how much repairs might cost. Mr. Peck, from the Wastewater Treatment Plant, said that this is the oldest truck and has 43,817 miles of all city driving on it. It had to have the clutch replaced last year at a cost of $190. It is ready for new brakes. These vehicles must all pass the state inspection. Councilman Szymkowiak moved that the ordinance go to the Council as favorable, seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WASTEWATER TREATMENT PLANT OF THE CITY OF SOUTH BEND, INDIANA, AND GATES CHEVROLET CORPORATION, SOUTH BEND, INDIANA FOR THE PURCHASE OF TWO 1972 CHEVROLET VAN TRUCKS, SERIES GE 21305, IN THE AMOUNT OF $4,870.00. This being the time heretofore set for public hearing on the above ordinance proponents and opponents were given an opportunity to be heard. Mr. Krueper explained that this is for the replacement of two trucks, a 1969 Ford with 45,000 miles on it and a 1967 Chevy with 48,000 miles. These van type trucks will be purchased so that safety uniforms, hard hats and tools can be locked up. Councilman Szymko,.aiak asked Mr. Krueper if it was compulsory that the trucks be traded in or if they could be sold at auction, perhaps for more money. Mr. Krueper replied that bids were taken on the trucks with trade -in and that, because the trucks are not in good condition, they probably could not be sold for more than the trade -in allowed. Councilman Kopczynski made a motion that the ordinance go to the Council as favorable, seconded by Councilman Szymkowiak, and carried. ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WATER WORKS OF THE CITY OF SOUTH BEND, INDIANA AND STOCKBERGER MACHINERY, INC., SOUTH BEND, INDIANA FOR THE PURCHASE OF ONE MODEL 55 MICHIGAN ARTICULATED LOADER IN THE AMOUNT OF $23,900.00. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard thereon. Mr. Krueper explained that this equipment would be replacing another loader that is ten years old. They would keep the old loader, which is not worth much in trade, and use it for smaller jobs and when the new loader is in another area of the city. Councilman Kopczynski made a motion that the ordinance go to the Council as favorable, seconded by Councilman Parent, and carried. REGULAR MEETING JUNE 12, 1972 COMMITTEE OF THE WHOLE MEETING - CONTINUED ORDINANCE AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA -1962, SECTION 40 AS AMENDED AND GENERAL ORDINANCE NO. 4990 -68 AND THE ACCOMPANYING MAP THERETO, GENERALLY KNOWN AS THE SOUTH BEND ZONING ORDINANCE BY CHANGING THE CLASSIFICATION OF THE USE DISTRICT FOR A CERTAIN PARCEL OF LAND. (18343 State Route 23) City Attorney Charles A. Sweeney, Jr. said that this ordinance and the next ordinance set for public hearing are part of the same petition to rezone and the public hearings could be held simultaneously. AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA -1962 SECTION 40, AS AMENDED AND GENERAL ORDINANCE NO. 4990 -68 AND THE ACCOMPANYING MAP THERETO, GENERALLY KNOWN AS THE SOUTH BEND ZONING ORDINANCE BY CHANGING THE CLASSIFICATION OF THE USE DISTRICT FOR A CERTAIN PARCEL OF LAND. (18401 State Route 23) This being the time heretofore set for public hearing on the above ordinances, proponents and opponents were given an opportunity to be heard thereon. Mr. William E. Voor, Jr., Attorney, 300 1st Bank Building, spoke for the petitioners. This land is in the Turtle Creek Apartment area. Two parcels of land were rezoned in 1970 having received a favorable recommendation from the Area Plan Commission. Since no construction was started on these parcels of land within a period of one year, the zoning reverts back to the original classification. The petitioners are, therefore, reapplying for the change in zoning granted in 1970. Councilman Horvath asked if this land was going to be used for more apartments. Mr. James Locker, owner of the land, said that it was going to be used for a commercial building of some type as outlined in the petition filed. Mr. Douglas Carpenter, of the Area Plan Commission, said that the initial re- zoning was granted subject to the site plan submitted. Councilman Parent made a motion that the ordinances go to the Council as favorable. The motion was seconded by Councilman Taylor and carried. ORDINANCE AN ORDINANCE AMENDING SECTIONS 20 -18 AND 20 -55 CHAPTER 20, VEHICLES AND TRAFFIC, IN THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1971. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard thereon. Mr. Charles A. Sweeney, Jr., City Attorney, spoke for the ordinance in behalf of City Controller James V. Barcome, who was out of the city. The Ordinance is requesting that the parking fee on meters be raised from 5d, to 10� for thirty minutes and that the fee for violations be raised from $1.00 to $2.00, with the further provision that, if the fee is not paid within 48 hours, an additional $3.00 be added to the fee, making the fine $5.00 if not paid within 48 hours. Under the present fine system, an unpaid $1.00 violation costs $1.50 to collect. Many other cities do charge more than $1.00 for a parking violation. Indianapolis charges $5.00, with a $10.00 fine if not paid within 48 hours. The City does have new heads to install on the present meters and they estimate it will cost about $1500 to change the heads. The administration feels many people will park at a meter taking a chance on getting a $1.00 traffic violation ticket rather than park in a parking garage at a rate of 95(�. They feel that the new schedule will produce more rapid turnover at the down- town parking meters and encourage people to use the parking garages, rather than incur the fines. Mr. Richard Bohan, 114 E. Eckman Street, spoke against the ordinance. He said it will keep people away from the downtown area. He said the city should provide more free parking to en- courage people to come downtown. He said that a system was suggested some years ago to charge $1.00 for the first violation, $2.00 for the second, $3.00 for the third, etc. He feels this would be a better system, penalizing the habitual offender rather than a one -time parker. Mr. Phil Crone, -of the UAW -CAP CSUftnil, spoke in opposition to -the ordinance.a,nd said it would only encourage people to use the shopping centers. He said the proposed increase in fines is much too high and charged that the increase in the fine after forty -eight hours is actually finding the violator in contempt of court. City Attorney Sweeney replied that this is not the case. Mr. Joe Burkus, President of the Bendix Union, spoke against the ordinance. He said that the members of his union are not in favor of increasing the parking charge or the fine for violation. He said they would like the city to junk the meters. He said this is just another way of robbing the poor people and that the Council members have a moral obligation to the citizens to follow their wishes. He said that people can get tickets fixed so why bother with raising the fines. Miss Virginia Guthrie, Executive Director of the Civic Planning Association, expressed concern that, in order to meet the bond payments on the parking garages, the burden would have to be put on the property tax payers. She said that the property owners should not have to pay for the parking garages, the parking meter department and the meter maids through the property tax and asked for Council assurance that this would not be done. Councilman Newburn assured Miss Guthrie that the Council would take a long, hard look at the situation before any such changes were made. Mr. Tom Miller spoke against the ordinance. He said many times packers find a meter and then do not have the proper change called for by the meter head and can find nowhere to get the correct change. He said the meter heads should accept various coins. Mrs. Lee Swan, 2022 Swygart Street, spoke against the ordinance. She said this is a bad time to increase fees. She said the downtown area is a shambles and not a pleasant place for people to come right now and this would just encourage them to stay away. She also questioned the estimate of $1500 to change the meter heads. Mr. Charles Watkins, Deputy City Controller, explained that, while the city does have some new meter heads, they will have to get more for the complete changeover and would have to pay the expense of changing them which would involve overtime pay for meter de- partment employees. Mr. Joseph Guentert, 1034 Foster Street, said he felt the ordinance should allow a more reasonable time for payment of the fines. He said he felt the ordinance was intro- duced in order to help the city meet its bonded indebtedness. He pointed out that the City.of Mishawaka has removed its parking meters. Mr. Roman Kowalski, 802 Birchwood, said that if the fines are being raised to subsidize the garages, he is against it. He said it will drive people out of the downtown area. He said that this would be penalizing the citizens and that the city should cut expenses to get the money needed for the bond payment. Mr. Lowell Spalding, 3422 Woldhaven Drive, said that raising the parking meter fees and the fine for violations would be driving one more nail in the coffin of the downtown merchants. Mr. T. Forrest Hanna, 1421 East REGULAR MEETING JUNE 12, 1972 COMMITTEE OF THE WHOLE MEETING - CONTINUED Bowman Street, opposed the ordinance. He said that he felt municipalities should follow the President's guidelines and this much of a raise is too high. He suggested that the Council withdraw consideration of this ordinance and authorize renegotiation of the bonding contract. Mrs. Frederick Mutzl, 320 Parkovash, a member of the Fair Tax Association, said that she wished all the people here to oppose this ordinance had been in attendance at the meeting when the Council was considering whether to build the parking garages. She urged the Council to vote no on this ordinance. In rebuttal to these speakers, City Attorney Sweeney said that the President's guidelines are for prices and wages and would not apply to fees. He said that the fine is a penalty imposed by the court and that those who refuse to pay will be made to pay. He denied categorically Mr. Burkus's charge that tickets can be fixed and said that he could speak for this administra- tion that this is not being done. Councilman Nemeth said that, under existing law, a person who does not pay a traffic violation fine is subject to a $300 fine or imprisonment for six months, so the provisions of this ordinance are not unreasonable. He said that a citizen may, within 48 hours, pay the fine in settlement of the offense as charged. He said that those; people speaking tonight were confusing taxpayers with law violators and that a parking ticket is issued because of a violation of the parking ordinance. He said that those who don't want to run the risk of receiving a ticket may park in the parking garages all day for 95�. Councilman Miller said that people seem to feel that street parking at a meter does not cost us anything. The streets under the cars do cost money to build and to maintain, and we should equate the cost of a street with the parking structures. The parking garages are a capital asset of the city. One of the selling points being used in trying to interest another store in purchasing Wyman's facility is that there are parking facilities available. Councilman Miller also took exception to Mr. Burkus's remarks that tickets can be fixed. Councilman Serge said that he had been in- formed that in New York parking tickets cost $20 to $25. He said South Bend does have an obliga- tion to meet the bond contract payments and asked Mr. Sweeney what would happen if the bond contract payment was not made. Mr. Sweeney said that, if we default on the bond payment, South Bend's credit rating would be irreparably damaged and could not be restored. Councilman Parent said that the purpose of the parking meters is to insure proper turnover of parkers in the downtown area. He said that he has heard nothing that would indicate that people will not come downtown. He said that the parking ordinance, as written, is expensive to administer. He said that in this times when law and order is much discussed, it is up to us to administer the law. He also commented that he does not feel the ordinance is unreasonable. Councilman Taylor asked City Engineer William Richardson if part of the reason that revenue is down from the parking meters is that some of the downtown meters have been removed because of the urban renewal projects. Mr. Richardson answered that there are not as many meters as there were.tVo. years °ago..and that the number is constantly changing. Councilman Taylor then asked if there were any plans to get more meters out. Mr. Richardson said that a study is being made of possible expansion of the metered area. Councilman Taylor said that the ordinance had been referred to as "another way of robbing the poor ". He said that, as it has been pointed out, the use of a parking meter is a voluntary act and the people parking know the restrictions. Councilman Nemeth said "if you don't want a fine, don't park overtime ". He said that this change would not be driving people from the downtown area. He said, "the merchants are conspicuous by their absence and must not be too concerned ". He then continued "if we don't find a way to raise the money needed, we will have to get it from the property tax ". He proposed an amendment to the ordinance as follows: In Section One, line five amend it to read, "if paid within forty -eight hours, or if mailed so that it be postmarked within forty - eight hours of the time of receiving the ticket ". Councilman Taylor seconded the amendment. Under discussion, Councilman Horvath proposed to amend the amendment to read "if paid within 72 hours, or if mailed so that it is postmarked within 72 hours of the time of receiving the ticket ". Councilman Parent seconded this amendment. Councilman Miller moved for a ten minute recess, seconded by Councilman Nemeth. The motion carried and the meeting recessed at 9:55 p.m. The public hearing resumed at 10:10 p.m. Councilman Nemeth then asked to substitute the follow- ing motion for the previous motion to amend: In Section 1 of the Ordinance, paragraph two to read as follows: "The owner or operator who has been notified of a violation of the parking regula- tions, as herein provided, may, within five days after being notified, answer at the office of the Traffic Violations Bureau, to the charge of such violation as set forth in such notice, and pay a prescribed fee of Two Dollars ($2.00) in settlement of the offense or charge, or Five Dollars ($5.00) after the expiration of the five days. An acceptance of and payment of the fee and the authority by the clerk shall be deemed complete satisfaction for the violation and the violator shall be given a receipt which so states ". The motion was seconded by Councilman Kopczynski, and carried. Councilman Kopczynski said that the parking garage bonds must be paid off with the revenue from the meters. Inasmuch as this is part of the requirement, the Council does not have much choice but to raise the revenue to meet the obligations. Councilman Horvath said, in response to a comment by Mr. Burkus that the Council does not look closely at a lot of the ordinances which come before them, that the Council is only a part -time job and the Council- men all have other jobs. However, he said they are trying to do the best job they can and they do devote a great deal of time to Council business. They study all available information about each Ordinance and Resolution that comes before them. He reminded the audience that the Councilmen are taxpayers also. Councilman Szymkowiak made a motion that the ordinance be amended to reduce the amount of the fine, after the five days, to $3.00. There was no second to the motion. Councilman Miller made a motion that the ordinance go to the Council as favorable as amended, seconded by Councilman Taylor. Motion carried. There being no further business to be considered before the Committee of the Whole, Chairman Newburn entertained a motion to rise and report to the Council, so moved by Councilman Parent, seconded by Councilman Taylor. Motion carried. ATTEST: k CITY CLERK REGULAR MEETING - RECONVENED Be it remembered that the Common Council of the City of South Bend, Indiana reconvened in the Council Chambers of the County -City Building on Monday, June 12, 1972 at 10:25 p.m., Council President Peter J. Nemeth presiding. REGULAR MEETING JUNE 12, 1972 ORDINANCES, THIRD READING (CONTINUED) ORDINANCE NO. 5396 -72 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WATER WORKS OF THE CITY OF SOUTH BEND, INDIANA, AND STOCKBERGER MACHINERY, INC., SOUTH BEND, INDIANA FOR THE PURCHASE OF ONE MODEL 55 MICHIGAN ARTICULATED n0ADER, IN THE AMOUNT OF $23,900.00. This Ordinance was given third reading. Councilman Kopczynski made a motion that the Ordinance be passed, seconded by Councilman Szymkowiak. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE NO. 5397 -72 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA -1962 SECTION 40 AS AMENDED AND GENERAL ORDINANCE NO. 4990 -68, AND THE ACCOMPANYING MAP THERETO, GENERALLY KNOWN AS THE SOUTH BEND ZONING ORDINANCE BY CHANGING THE CLASSIFICATION OF THE USE DISTRICT FOR A CERTAIN PARCEL OF LAND. (18343 State Route 23) This Ordinance was given third reading. Councilman Parent made a motion for passage of the ordinance, seconded by Councilman Serge. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE NO. 5398 -72 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA -1962 SECTION 40 AS AMENDED AND GENERAL ORDINANCE NO. 4990 -68, AND THE ACCOMPANYING MAP THERETO, GENERALLY KNOWN AS THE SOUTH BEND ZONING ORDINANCE BY CHANGING THE CLASSIFICATION OF THE USE DISTRICT FOR A CERTAIN PARCEL OF LAND. (18401 State Route 23) This Ordinance was given third reading. Councilman Taylor made a motion that the ordinance be passed, seconded by Councilman Kopczynski. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn, and Nemeth) . ORDINANCE NO. 5399 -72 AN ORDINANCE AMENDING SECTIONS 20 -18 AND 20 -55, CHAPTER 20, VEHICLES AND TRAFFIC, IN THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1971. This Ordinance was given third reading. Councilman Kopczynski made a motion for passage of the ordinance as amended, seconded by Councilman Newburn. The ordinance passed by a roll call vote of eight ayes (Councilmen Serge, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). one nay (Councilman Szymkowiak). Councilman Szymkowiak explained that he was casting a nay vote because he thought the $5.00 fine was too high. RESOLUTIONS RESOLUTION NO. 306 -72 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, AUTHORIZING THE SUBMISSION OF AN AMENDATORY APPLICATION FOR CODE ENFORCEMENT GRANT AND AUTHORIZING THE MAYOR AND OTHER CITY OFFICIALS TO SIGN AND EXECUTE ALL NECESSARY DOCUMENTS, FORMS, AND CONTRACTS FOR PROJECT, INDIANA E -5. WHEREAS Section 117 of the Housing Act of 1949, as amended, authorizes the Secretary of Housing and Urban Development to make grants to municipalities and counties to assist them in carrying out programs of concentrated code enforcement in deteriorated or deteriorating areas.in which such enforcement, together with certain public improvements to be provided by the locality, may be expected to arrest the decline of the area; and WHEREAS it has been found and determined by this body that there exists in this locality certain deteriorated or deteriorating areas for which a program of concentrated code enforcement, com- bined with certain public improvements, may be expected to arrest the decline of the area; and WHEREAS it is recognized that the grant of funds pursuant to Section 117 will impose certain obligations and responsibilities upon the City of South Bend, among which is the obligation to assure that any persons who may be displaced as a result of the code enforcement and public improvements program are relocated into decent, safe, and sanitary housing in accordance with the regulations of the Department of Housing and Urban Development; and WHEREAS Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, or national origin under any program or activity receiving Federal financial assistance and Executive Order 11063 prohibits discrimination on basis of race, color, creed or national origin in sale, lease, or other disposition of residential property (including land intended for residential use) or in the use or occupancy thereof: NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH.- .2END: 1. That an application be filed with the Department of Housing and Urban Development on behalf of the City of South Bend, for a code enforcement grant under Section 117 of the Housing Act of 1949, as amended, of two - thirds of the cost of undertaking and carrying out a code enforcement program, which cost is now estimated to be $433,800.00 in an area or areas to be designated and specially described in such application, and that the Executive Director of the City of South Bend Department of Redevelopment is hereby authorized and directed to execute and file such application, to provide such additional information and furnish such documents as may be required by the Department of Housing and Urban Development, to execute and file requisition for funds, and to act as the authorized representative of the City of South Bend in the accomplishment of the code enforcement program, and further authorizes that the Mayor of the City of South Bend is to execute such contract or contracts as may be necessary for grant applied for. REGULAR MEETING JUNE 12, 1972 RESOLUTION NO. 307 -72 (CONTINUED) improvement programs, at prices which are within their financial means and which are not gen- erally less desirable in regard to public utilities and public and commercial facilities than the dwellings of the displaced individuals and families, and it it the sense of this body that such displacees, if any, will be relocated in accordance with applicable regulations of the Department of Housing and Urban Development. 5. That the United States of America and the Secretary of Housing and Urban Development be, and they hereby are, assured of full compliance by the City of South Bend with regulations of the Department of Housing and Urban Development effectuating Title VI of the Civil Rights Act of 1964 and applicable Executive Orders. This Resolution takes effect immediately upon its passage and the fixing of the proper signatures thereto. /s/ Peter J. Nemeth Member of the Common Council A public hearing was held on these resolutions at this time. Mr. Lloyd Taylor, Executive Director of the Redevelopment Department, explained that the purpose of these code enforcement programs is to prevent the continuation of decay in housing and to bring existing dwellings in these two areas, the Northeast Area and the Model Cities area, up to the standards of the rest of the city. They originally submitted a three year budget, but HUD has decided on annual funding. These applications are for second year funding of the on -going projects. Miss Virginia Guthrie, Civic Planning Association, asked Mr. Taylor what the city's in -kind contribution would be. Mr. Taylor replied that the city will decide what form they want to put their share in and it could be pro- posed street and sewer construction. There are a number of credits available in the Xodeel Cities area and they will not need local funding there. Councilman Kopczynski asked Mr. Taylor where the city's share of funds comes from. Mr. Taylor replied that it can come from many sources - Local Road and Street Funds, the two cent levy on gas tax, capital improvement funds, model cities, and cumulative sewer building and sinking funds. Councilman Kopczynski said that, with money being diverted to federal programs, taxpayers in some areas get shortchanged. Mr. Taylor replied that the money goes to the area which needs it most. Councilman Nemeth asked Mr. Taylor if the in -kind service is done within the project boundaries and Mr. Taylor replied that it was. Councilman Newburn said that the federal programs are helping to take care of the problems that the cities are not financially able to solve and that tax dollars will be coming back to the city. Mr. Taylor replied that federal programs do bring tax money back to the cities but that Indiana ranks 50th in the states in receiving money back to local communities. Councilman Kopczynski asked Miss Guthrie if her organization could find out what percentage of local tax money and state tax money is used to support federal programs. Miss Guthrie said that there are 91 federal pro- grams and we don't know how many of them are involved locally. Mr. Taylor said that there are four federal programs in the Redevelopment Department and all four of them require local funding. Councilman Parent moved for adoption of the first resolution, Indiana Project E -5, seconded by Councilman Newburn. The resolution was adopted by a roll call vote of eight ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Horvath, Newburn and Nemeth) one nay (Councilman Kopczynski). Councilman Miller made a motion for adoption of the second resolution, Indiana Project E -3, seconded by Councilman Szymkowiak. The resolution was adopted by a vote of eight ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Horvath, Newburn and Nemeth). one nay (Councilman Kopczynski) . RESOLUTION NO. 308 -72 A RESOLUTION FOR OPEN SPACE LAND USE GRANT APPLICATION WHEREAS, Title VII of the Housing Act of 1961, as amended, provides for the making of grants by the Secretary of Housing and Urban Development to States and local public bodies to assist them in the acquisition and development of permanent interests in land for open -space uses where such assistance is needed for carrying out a unified or officially coordinated program for the pro- vision and development of open -space land as part of the comprehensively planned development of the urban area; and WHEREAS, the City of South Bend, Indiana (herein sometimes referred to as "Applicant ") desires to acquire fee simple ownership to certain land known as "Kelly Playfield" and "Linden Playfield", which land is to be held and used for permanent open -space for general active and passive recreational uses; and WHEREAS, Title VI of the Civil Rights Act of 1964, and the regulations of the Department of Housing and Urban Development effectuating that Title, provide that no person shall be discrim- inated against because of race, color, or national origin in the use of the land acquired and /or developed; and WHEREAS, it is recognized that the contract for Federal grant will impose certain obligations and responsibilities upon the Applicant and will require among other things (1) assurances that families and individuals displaced as a result of the open space land project are offered decent, safe and sanitary housing, (2) compliance with Federal labor standards, and (3) compliance with Federal requirements relating to equal employment opportunity; and WHEREAS, it is estimated that the cost of acquiring said interest will be $215,537; and WHEREAS, it is estimated that the cost of necessary demolition and removal of improvements on said land will be $51,459; and WHEREAS, it is estimated that the total amount of relocation payments to be made to eligible site occupants displaced from property to be acquired will be $179,150; NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: 1. That an application be made to the Department of Housing and Urban Development for a grant in an amount authorized by Title VII of the Housing Act of 1961, as amended, which amount is presently estimated to be $319,322, and that the applicant will pay the balance of the cost from other funds available to it. REGULAR MEETING JUNE 12, 1972 ORDINANCES, FIRST AND SECOND READING (CONTINUED) ORDINANCE AN ORDINANCE TO AMEND SUB- DIVISION (2) OF SUB- SECTION (a) OF SECTION 15 -16 OF CHAPTER 15 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA. This Ordinance had first reading by title and second reading in full. Councilman Szymkowiak made a motion that this Ordinance be referred to the Transportation Committee and set for public hearing on June 26, 1972. Councilman Taylor seconded the motion and it was carried. ORDINANCE AN ORDINANCE AMENDING CHAPTER 40, SECTION 40 -14, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, OF 1963, ALSO KNOWN AS ORDINANCE NUMBER 3702, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA. (Northwest Corner, Ironwood Dr. and Fox St.) This Ordinance had first reading by title and second reading in full. Councilman Parent made a motion that the ordinance be referred to the Area Plan Commission for their recommendation. Councilman Taylor seconded the motion and it was carried. UNFINISHED BUSINESS The following ordinances require re- advertisement for public hearing to comply with requirements for state tax board hearing. AN ORDINANCE FIXING THE ANNUAL SALARIES FOR CERTAIN PERSONNEL OF THE ENGINEERING DEPARTMENT OF THE CITY, AND APPROPRIATING THE MONIES THEREFOR, AND FOR OTHER RELATED PURPOSES. Councilman Miller made a motion that this ordinance be set for public hearing on June 26, 1972, seconded by Councilman Horvath and carried. AN ORDINANCE ESTABLISHING A NEW ACCOUNT WITHIN THE 1972 BUDGET FOR THE CITY OF SOUTH BEND, INDIANA, "DEPARTMENT OF HUMAN RESOURCES AND ECONOMIC DEVEL- OPMENT", ACCOUNT NO. YY -11, 'SERVICES PERSONAL'" AND TRANSFERRING THE AMOUNT OF $10,208.33 FROM THE FOLLOWING ACCOUNT: "CITY CEMETERIES DEPARTMENT, ACCOUNT NO. N -12, 'SERVICES PERSONAL" ALL BEING WITHIN THE GENERAL FUND. Councilman Miller made a motion that this ordinance be set for public hearing on June 26, 1972, seconded by Councilman Horvath, and carried. AN ORDINANCE TRANSFERRING FUNDS WITHIN THE FIRE DEPARTMENT OF THE CITY OF SOUTH BEND, INDIANA Councilman Miller made a motion that this ordinance be set for public hearing on June 26, 1972, seconded by Councilman Serge, and carried. NEW BUSINESS There was some discussion on the large number of items set for public hearing for the meeting of June 26, 1972. Councilman Parent made a motion that the June 26, 1972 meeting begin at 6:30 p.m., rather than the usual time of 8:00 p.m. Councilman Taylor seconded the motion and it was carried. Councilman Miller presented to the Clerk a request for a special meeting as follows: REQUEST FOR A SPECIAL MEETING Come now the undersigned members of the South Bend Common Council and request the setting of a special meeting on Wednesday, June 28, 1972, at 8:00 p.m. in the Council Chambers for the following purposes: 1. For a full report from the Committee of the Council on a Civic Center. 2. For Council authorization for further Committee action. 3. For consideration of the Resolution on the Civic Center. /s/ Terry S. Miller Walter M. Szymkowiak Joseph T. Serge Roger 0. Parent Robert G. Taylor Walter T. Kopczynski Frank Horvath Odell Newburn Peter J. Nemeth Members of the Common Council There being no further business, unfinished or new, to come before the Council, Councilman Serge made a motion to adjourn, seconded by Councilman Taylor. The motion carried and the meeting adjourned at 12:00 a.m. ATTEST: CITY CLERK APPROVED: +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + +I