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HomeMy WebLinkAbout04-23-73 Council Meeting Minutes+............. ......+...... + +............... .........+++++++....t.. f....................... + +.. +i REGULAR MEETING APRIL 23, 1973 Be it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Monday, April 23, 1973, at 7:06 p.m., Council President Peter J. Nemeth presiding. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL PRESENT: Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath Newburn and Nemeth. ABSENT: None Councilman Horvath made a motion to resolve into the Committee of the Whole, seconded by Councilman Taylor. The motion carried. REGULAR MEETING APRIL 23, 1973 COMMITTEE OF THE WHOLE MEETING Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on Monday, April 23, 1973, at 7:07 p.m., with nine members present. Chairman Odell Newburn presided. He asked the complete cooperation of those in attendance in order that the meeting could be conducted in an orderly and efficient manner. He requested that personalties be omitted from the presentations and that each person desiring to speak should give his or her name and address for the record. ORDINANCE AN ORDINANCE TO APPROPRIATE $101,250.00 FROM THE LOCAL ROAD AND STREET FUND AND $33,750.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND FOR PROJECT R & S 54 - NORTH LAYFAYETTE BOULEVARD FROM LASALLE AVENUE TO NAVARRE STREET. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. William J. Richardson, Director of the Department of Public Works, made the presentation for the ordinance. He requested that the ordinance be stricken and the improvement not be done because the elimination of parking would solve the problem. He indicated that the Council had received a letter from the Board of Public Works approving the recommendation of the Mayor to eliminate parking, and the matter would be taken care of at the next Board of Public Works meeting. Council President Nemeth made a motion to forego the public hearing on the ordinance and take appropriate action at the second reading, seconded by Councilman Parent. The motion carried. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, asked if there would be an opportunity for the people to appear before the Board of Public Works when this matter was considered. Mr. Richardson indicated that the Board of Public Works meets every Monday morning and the meetings are open to the public. ORDINANCE AN ORDINANCE TO APPROPRIATE $825,000.00 FROM THE LOCAL ROAD AND STREET FUND AND $275,000.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND FOR PROJECT R & S 48 - CONTRACT NO. 2 - IRELAND ROAD FROM YORK ROAD TO IRONWOOD ROAD AND IRONWOOD ROAD FROM IRELAND ROAD TO 1500 FEET NORTH. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. William J. Richardson, Director of the Department of Public Works, made the presentation for the ordinance. He indicated that the pro- ject was a pavement improvement and a public hearing had been held last November. In January, a several -hour period of review was held. He requested the appropriation for the project which included the four - laning of Ireland Road from York to 400 feet East of Ironwood and then turning North on Ironwood approximately 1500 feet. He indicated that pavement, curb and gutter, storm sewers and a new retention basin was planned. He further indicated that, at the public hearing previously held on the widening, several suggestions were entertained from the citizens and those suggestions have been taken into consideration. After the January review, there was a certain number of days allowed for written comments concerning the project. After that period of time, the Board of Public Works reconfirmed the project in its entirety and proceeded with the ordinance, He indicated that the project will have sidewalks on the West side of Ironwood and the boulevard - type of lights will be installed, with regular lighting at the three major intersections. He indicated that one of the biggest objections to the project seemed to be the idea that Ironwood was not an arterial street. He indicated that, in 1922, it was proposed to be 80 feet in its entirety. He presented slides to the Council showing the layout of the project. He further mentioned that, according to the county plan of 1960, Ironwood again was highlighted as a major arterial. Also, in 1960, the City Plan Commission showed Ironwood to be a major arterial. He briefly explained the color coding of the slides pertaining to the drainage basins in the Clyde Creek area. He also indicated that, out of the three retention basins planned, the Inwood Road basin would be included in the appropriation request. He indicated that some people have referred to the project simply as a "paving" project and this was not true. He mentioned con- struction of new storm sewers, water mains and an unrelated project known as the Ironwood Sanitary Trunk Sewer. He explained the intersections and traffic lights and signals. He indicated that there would be a very large turning movement from the southbound traffic and that he had available the traffic counts and accident data for the area. He indicated that, if the program was approved, the bids would probably be taken two weeks from the coming Monday and construction could be started this year, with all the pavement to be finished this year and some landscaping to be finished in the spring of 1974. Mrs. Goldie Minton, 753 Cottage Grove, indicated that she opposed the project as she felt the (raise in her sewer bill was attributed to the project. Mr. Richardson indicated that there was no utility company money being used for the project. He indicated that the storm sewers come from the Cumulative Sewer Building and Sinking Fund and the water mains that are carried in the (contract would be paid for by the funds available in the project. He concluded that the sewage and water charges money was not going into the project. Mr. Nick Sherbun, Denslow Drive, indicate( that he had submitted a petition for his group against the project of which 59% of the affected residents signed. He wanted to know why the petition was ignored as it appeared the Council was going ahead and approving the project. Mr. Richardson indicated that there are two types of petitions; ones legally allowed in the special assessment law where they have a definite point of bearing and others from the general public. He indicated that this petition was received and the remonstrance taken to the State Board hearing; however, the appropriation was upheld. He mentioned that this sewer would serve more than the people along Denslow and Southern View Drives, not just individual houses, and that the sewer was also proven to be needed. Mr. Sherbun asked if all petitions were handled in this manner, and Chairman Newburn indicated that they were. Mr. Sherbun expressed his feeling that the petition had been ignored. Chairman Newburn indicated that the needs had been checked and looked into and consideration and much research had gone into the matter; however, the requests of the citizens had not been ignored. Mr. James Olson, 122 South Mill, the attorney representing the area residents, indicated that they were not completely opposed to any type of improvement on Ironwood but that they were opposed to this particular plan. He felt there were four points to consider which would affect the project, REGULAR MEETING APRIL 23, 1973 COMMITTEE OF THE WHOLE MEETING (CONTINUED) and the first one was the reason for the improvement. He mentioned that he had discussed this with Mr. Richardson and was informed that the reason was because an increase in traffic was anticipated. He mentioned that this was based on the plan for 1990 and he did not feel this was very reliable because by 1990, this case might not be necessarily true. He mentioned that, according to the 1970 census, the population of South Bend had decreased. He felt that the pro- posed final construction of the Scottsdale Mall on Ireland Road was a reason for the street widening, and he mentioned that the developers of the Mall are private developers and knew exactly what type of situation they were getting into with the construction. He felt the city would be enhancing their ability to attract customers and make the area more accessible, and he brought up the fact that the city was spending a great deal of money on improving the downtown area. He felt the city should continue to concentrate in the downtown area and not spend this money to help its competitors. He indicated that Ironwood was not the only main arterial, and he mentioned Michigan, Main and Locust Road. He also mentioned that this appropriation for the pro- ject was only partial. Mr. Olson's second point was the cost of construction. He understood that Ireland would be widened and extended and covered with blacktop and going North on Ironwood, the entire road would be redone. He felt this would be extremely expensive and he did not know what the total cost of the project would be. He felt that two or three million dollars might possibly be spent on the second phase of the project. His third point had to do with who the road was for. He felt the road was designed to attract people from Mishawaka and the eastern portion of the county and he did not think this was very practical or fair. He indicated that the Council was trying to give the people something that they did not want. His fourth point was the effect the street widening would have on the existing neighborhood. He felt this was very important and people become very emotional when it comes to their homes. He indicated that, many times, these projects are proposed because progress must be made; however, he felt it was getting to the point that progress was being re- defined. He quoted Webster's Dictionary on the meaning of the word "progress ". He indicated that the project involved the changing of a two -lane road to four lanes with a divider strip and lighting. He indicated that progress does not stop with engineering or scientific approaches. He felt some improvement was needed; however, this was not the answer. He mentioned that right -of -ways would be needed, hills would be dug up and trees cut. The speed limi would be increased, parking would be restricted, and there would be sidewalks on one side of the street. There would also be an increase in the noise and air pollution and in some instances, the right -of -way would come to within 15 feet of the homes. He indicated that the reason for this roadway was to improve the traffic conditions, and he wondered if this was the case. When the four -land road stopped at Ewing, it would again narrow down to two lanes and the same problems would be encountered. He indicated that the residents in this area did not request the widening and were willing to live with the problem. He indicated that there have been petitions filed in this matter and presented to the Board of Public Works. He indicated that he would like to pre- sent and file a copy of the petition with the City Clerk, containing 382 names. He did mention that there were petitions filed in favor of the project which contained 228 petitioners, none of whom lived on Ironwood. Mr. Olson did not think the reason for the project was a good one. He felt the city was working against itself as the project will destroy the neighborhood and the traffic problem would not be solved. He indicated that the people in the area were very much opposed to the project, and the cost of the project was fantastic when the amount of roadway being put in was considered. He urged that the ordinance in its present form be defeated or tabled by the Council. Mr. Richardson indicated that, going back to maps in 1922, there was need for improvement. He indicated that projections in the future were a matter of professional guesstimating. He indicate, that there was no answer to the transportation problem in the community. He cited an incident in West Virginia where a great deal of money had been expended for improvement of transportation. He mentioned that the Scottsdale Mall is accellerating the problem; however, he indicated that the city waited when the Town and Country Shopping Center was constructed and now much money would have to be spent on improving the situation. He mentioned that Ironwood does not only serve the eastern portion of the county and Mishawaka because the city's boundaries are constantly expanding He indicated that the cost of the project would very definitely increase if there was a delay in construction of the project. He also mentioned that the cost of the flood control was also included in the project. He indicated that the city is also in the process of spending several more million dollars with storm retention basins. He felt the effect on the area would be felt as there is always an effect on an area when improvements are put in. He indicated that this widening is not to be construed as a freeway in any shape or form because a freeway has fully controlled access. He indicated that, originally proposed was a five -lane concept; however, at the citizens' request, the fifth lane was removed. As far as the houses being so close to the right -of -way line, Mr. Richardson indicated that there are perhaps three houses between Altgeld and Ewing built before 1930 that are 20 feet from the right -of -way and in that subdivision a 40- foot right -of -way was dedicated. He indicated that, today, there is 25 feet allowed from the right -of -way line. He admitted that these few houses would be fairly close to the new facility but would only be five feet less than the usual standard. He felt there would be no problem of having any house too close to the right -of -way. Councilman Taylor indicated that this project was in his district and he was.concerned about it. As far as the total project was concerned, Councilman Taylor indicated that he did have some reservations. He mentioned that only one phase of the project was being considered at this time. He felt that most of the people were opposed to the fact that once the project is started, the rest will happen in a matter of time. He also felt that this particular project would not have much effect on anyone in the Council Chambers. He apologized to some of the residents in the area because he had thought that the four lanes would end at the church and this was not the case. He also indicated that none of the residents living along. Ironwood contacted him about the pro- posed construction of the project. He expressed his agreement in relation-to the retention basin. He felt that one thing he would have to agree with the residents on was the fact that there would be a bottleneck being created on Ewing. He saw nothing wrong with this particular project being proposed; however, he did have some reservations in the remaining phase of the project and the overall project.. He indicated that, although he would be in favor of this particular phase being discussed, until the administration could provide a solution for the Penn Railroad track crossing, he would not recommend that this be considered on a four -lane project. Councilman Miller made a motion that the ordinance go to the Council as favorable, seconded by Councilman Horvath. The motion carried. REGULAR MEETING APRIL 23, 1973 COMMITTEE OF THE WHOLE MEETING (CONTINUED) ORDINANCE AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LANDS (SECTION 10, CREST MANOR). 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 Nemeth read a short communica tion from Mr. Robert Parker, Deputy City Attorney, which stated that the entire area in question was owned by Crest Manor Development Corporation, which corporation was requesting that this annexation take place. The communication also stated that the area proposed to be annexed was surrounded on all sides by property presently within the City of South Bend. Councilman Parent made a motion that the ordinance go to the Council as favorable, seconded by Councilman Kopczynski. The motion carried. ORDINANCE AN ORDINANCE AMENDING CHAPTER 20, ARTICLE 5, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1971, BY THE ADDITION OF A NEW SECTION, SECTION 20 -58.1 FOR THE DISPOSI- TION OF NON - MOVING TRAFFIC VIOLATION FEES. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Walter Lantz, Chief Deputy Controller, made the presentation_ for the ordinance. He explained that in June and December last year, a request was made to the Council regarding the parking garage bond. He indicated that this ordinance was to assure the availability of parking garage revenues, and also that this fund was really the onl logical disposition of the fees because they are derived from violations of the parking meter operations with the parking tickets being issued by the meter maids, both of which are funded through the parking meter fund. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, felt this was not right because the money was transferred and the parking garages were supposed to be self - supporting. She requested that the Council not adopt the ordinance. Councilman Taylor indicated that several times the Council has been asked to transfer funds in order to make payment. He indicated that this was for the disposition of the non - moving traffic violation fees which funds have before gone into the General Fund. He felt it was more logical to have traffic fees when needed going into this. Miss Guthrie indicated that these fees have previously been put into the General Fund and have reduced the tax rate. She asked that the bonds be allowed to pay for themselves and she felt this should not be supported by the property owner. Councilman Taylor indicated that he did not want to touch the tax rate and this was not being done. Miss Guthrie stressed the fact that these fees had been going into the General Fund before, and she indicated that she thoroughly disagreed with the ordinance. Councilman Parent asked Mr. Lantz if, when the fees are put into the special fund and if that fund is not fully used, the fees would revert back to the General Fund at the end of the year, and Mr. Lantz indicated that this would be the case. He also indicated that, by the ordinance, the city was only providing the payment of the bond issue so that the city does not default. Council Presiden Nemeth indicated that he did not get that meaning out of reading the ordinance. Mr. Lantz indi- cated that the city would be talking about a surplus that would go into the General Fund. He mentioned that all of the funds from the parking meters and parking garage fees are used at present to operate the garages and meters. Council President Nemeth asked what the purpose of the ordinance was if the surplus would go into the fund anyway. Mr. Lantz indicated that this wa for emergency appropriations and that in the past few years, the parking garages did not create enough money to support themselves; however, they are improving. Councilman Szymkowiak asked if the city would be short on paying the bond, and Mr. Lantz indicated that there was not enough money to pay off the bond issue on July 1 without this revenue. He felt that the revenue collected in the fines alone would run about $90,000 for this year. Councilman Miller made a motion that the ordinance go to the Council as favorable, seconded by Councilman Kopczynski. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $110,801.00 FROM THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR A HUMAN RESOURCES PROGRAM FOCUSED ON DRUG ABUSE, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF HUMAN RESOURCES AND ECONOMIC DEVELOPMENT. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mayor Jerry J. Miller made the presentation for the ordinance, and indicated that it would appropriate funds for a drug abuse program for the community, something which has been talked about for many months. He indicated that he had hoped that the county and the City of Mishawaka would participate in the program; however, at this time, they were not. He indicated that Dr. John Kromkowski would have further information for the Council members. Dr. John Kromkowski, Director of the Department of Human Resources and Economic Development, indicated that this represented what the Council committee had been involved in and worked on and was a coordination of planning, private volunteer sector and the State of Indiana and Department of Mental Health. He requested that the city invest in a program that would serve the citizens as safety and overall welfare was to be considered. He briefly spoke on the Methadon Maintenance Clinic and a residential treatment center for the community. He introduced Reverend Robert McGill of the Drug Abuse Council, who indicated that there was a serious drug abuse problem in the community. He indicated that there were 500 or more persons on heroin and from 3,000 to 5,000 regular drug abusers. He also indicated that 50 to 70% of all the property crime was attributed to drug users. He indicated that the city has a limited day care program and emergency treatment program which was only one leg of a three - legged stool. Dr. Rene Wilett of the Northern Indiana Drug Abuse Services, indicated that the need was evident. He was hopeful that an effort could be worked out with the county; however, he indicated that the heart of the drug problem'4was within the city. He briefly explained the efforts and procedures involved with the Drug Abuse Services. He indicated that the funds appropriated would allow the Services to provide an oppor- tunity for the city to have an alternative for public safety. He indicated that those on drugs range anywhere from 16 to 60 years of age. With the funds, there would be individual counseling, group counseling, vocational and occupational training, etc., which would provide an alternative to prison, reduce the crime rate and rehabilitate the addict. He indicated that the Methadon REGULAR MEETING APRIL 23 1973 COMMITTEE OF THE WHOLE MEETING (CONTINUED) Clinic would be only partial and approximately $129,000 would be brought into the community through federal funds. He briefly explained about the drug, heroin. He concluded by indicating that this program was long overdue in the community and he was happy that the Services would finally be able to give the community the response that was definitely needed. Dr. Helen Calvin, 103 Eddy South, asked what the percentage would be of the people on the Methadon treatment that would be cured, and Dr. Wilett indicated that it was estimated that 83% have been successfully treated according to results in New York. Dr. Calvin asked about Lexington, and Dr. Wilett indicated that it was now a research center; however, prior to 1964, they were estimating that six out of every one hundred were being helped. Dr. Calvin asked about the number of addicts in the community and the number to be cured through treatment. Dr. Wilett indicated that the Methadon program would be for 100 to 125 persons and there would be another program being separate funded. Dr. Calvin felt that alcoholism was also very important, and she indicated that it was unfortunate that more emphasis was not placed on that. She asked how long the addicts would be treated at the center, and Dr. Wilett indicated that it could go to 24 months. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, indicated that a review of the program had been given her and she had discussed, along with other members of the association, the matter with representatives of the Drug Abuse Services. She asked about the total cost of the pro- ject, and Dr. Kromkowski indicated that $20,000 would be needed for the startup cost for the Methadon and that would be all because once it was started, it would be funded through the state. Miss Guthrie asked how soon this part of the program would guarantee a reduction in crime in the community and she wondered when the property owners and taxpayers would have to assume the cost of the program when the revenue sharing funds were no longer available. Reverend McGill indicated that the treatment center forms the triangle at a considerable savings to the taxpayer instead of sending these people to prison. Chairman Newburn felt there would be different segments that would decrease the crime. Miss Guthrie indicated that the Safety Director previously had promised there would be a decrease in the crime rate. Dr. Kromkowski indicated that he did not want to transpose the experiences of other communities as far as the reduction of crime was concerned with this community. He felt that the program would definitely have an impact on the safety pro- gram of the community. Miss Guthrie indicated that she felt this was very important as it would be just opening the door to very heavy future expenditures. Again, Chairman Newburn indicated that this would only be one portion in trying to reduce crime in the community. Miss Guthrie felt the program should be watched very closely because it might come back to the taxpayers. Mrs. Frederick Mutzl, President of the St. Joseph County Fair Tax Association, asked if the drug addict to be treated at the center would be questioned on where they had gotten the drugs in order that the selling of the drugs might be prevented in the first place. Chairman Newburn indicated that inquiries are made on where the drugs come from. Mr. Willie Green, Hansel Neighborhood Center, indicated that he was concerned that this request was not for more money. He indicated that this problem was particularly strong in the West side of the city and he mentioned that some research was done and it was identified that 89 people were involved/in hard drugs. He cited statistics over a 10 -year period of burglaries going up to 242 %, robberies up to 1,100 %, with 9% of the crimes being cleared up in 1972. In the Model Cities area, 427 burglaries were because of persons on hard drugs. He briefly talked about the number of blacks involved in the drug situation and indicated that he would like to see another $110,000 go into the program. He also wanted consid- eration given to some sort of mechanism whereby the center would make sure that those persons more in need of drug programs would be treated. He felt some guarantee was needed. A former drug user, Kathy, spoke on the problem of drugs. She mentioned that she had been on drugs and had become known as a "junkie ". She had found help in the Drug Abuse Center and had been going to the center for the last six months. She indicated that she had been one of the fortunate ones who had been able to receive help and she mentioned that there was a limited facility now to give that help but that the citizens' help was also needed. Dr. Harris, Director of the Mental Health Center, indicated that the center, working with other interested groups in the community, had initiated a study committee which defined the local problem and determined the needs for the community. From that effort came the decision that the Center was the logical one primarily because of the federal funds to be received. He indicated that already started has been a day treatment program comprised of persons who have been referred to the court. He asked support of the other two legs of the stool. Mr. Gene Williams indicated that he worked in the Drug Abuse Center. He indicated that the community was paying for the drug addicts whether it chose to or not. He mentioned that it was paid for in higher taxes, higher prices because of the goods stolen from the drug users, on the welfare rolls, etc. He felt the least expensive way to take care of this problem was in drug abuse programs. Mr. Dale King, Administrator of the Northern:Indiana Drug Abuse Services, quoted a portion of a letter written by Judge George N. Beamer, Jr., in support of the Methadon Maintenance Clinic and a residential treatment center for the community. Councilman Serge indicated that the city has tried to keep an eye on those persons involved with drugs; however, the names of those persons could not be revealed because there would be injury to the persons revealing the names. He mentioned that the drug problem deals with a secret and dangerous organization, and it is a horrible one. As chairman of the Council Committee on Human Resources and Economic Development, Councilman Serge made a motion that the ordinance go to the Council as favorable, seconded by Councilman Parent. Councilman Parent also indicated that many reasons were given in support of the program; however, he felt one of the main reasons was that it was th most human thing to do. The motion carried. ORDINANCE AN ORDINANCE TO APPROPRIATE $42,750.00 FROM THE LOCAL'_ROAD AND STREET FUND AND $14,250.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND FOR PROJECT R & S 58 - NORTH SIDE BOULEVARD FROM FRANCES STREET TO WAYNE STREET. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. William J. Richardson, Director of the Department of Public Works, made the presentation for the ordinance. He indicated that this would be a completion of North Side Boulevard and that last summer, the Grand Trunk Railroad took down the viaduct at St. Louis Boulevard which left a very sharp curve in North Side Boulevard. He indicated that new pavement would be laid in order to take the sharpness out of the curve and storm sewers would be installed in order to correct the drainage problem. Councilman Miller aske what would be used as protection against going into the river, and Mr. Richardson indicated that there.would be a very large shelf area and he could see no safety problem at this time. REGULAR MEETING APRIL 23 1973 COMMITTEE OF THE WHOLE MEETING (CONTINUED) Councilman Serge made a motion that the ordinance go to the Council as favorable, seconded by Councilman Kopczynski. The motion carried. ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $3,700.00 FROM THE PARKING METER FUND TO ACCOUNT 241, "PRINTING, OTHER THAN OFFICE SUPPLIES ", AN ACCOUNT WITHIN THE PARKING METER DEPARTMENT BUDGET OF THE CIVIL 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. Mr. Walter Lantz, Chief Deputy Controller, made the presentation for the ordinance and indicated that the appropriation was to be used to purchase parking tickets and "moving" violation tickets for the Police Department because the present ticket supply has been depleted. He indicated that this was normal procedure used every two years Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, asked why the ticket; were purchased on a two -year basis. Mr. Lantz indicated.that the city gets a better price and the last purchase was bought on a two -year basis. Councilman Kopczynski asked how much revenue the issuance of the tickets would bring in, and Mr. Lantz indicated it was estimated at $200,000. Councilman Serge made a motion that the ordinance go to the Council as favorable, seconded by Councilman Kopczynski. The motion carried. ORDINANCE AN ORDINANCE FOR THE TRANSFER OF FUNDS WITHIN THE FIRE DEPARTMENT BUDGET IN THE AMOUNT OF $3,361.07 BEING ACCOUNT Q -11, "SERVICES PERSONAL" TO A NEW ACCOUNT BEING ESTABLISHED FOR THIS PURPOSE, Q -53, "REFUNDS, AWARDS AND INDEMNITIES ", BOTH ACCOUNTS BEING WITHIN THE GENERAL FUND. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Thomas Connaughton, Deputy City Attorney, made the presentation for the ordinance. He indicated that the money was requested in order to replace the theft of tools from the mechanics. He explained that there was no insurance coverage for the loss and the city was liable to the mechanics for their loss. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, indicated that there were two budgets for refunds, awards and indemnities, one being in the Controller's Office and one in the Attorney's Office. Council President Nemeth asked why the money already budgeted for this sort of thing was not being used. Fire Chief Bland indicated that he was requesting a transfer within the depart- ment for the repurchasing of the tools stolen. Miss Guthrie indicated that she was not questioninc the refund to the mechanics. Chairman Newburn asked if there were any provisions being made for the handling of the tools in order to prevent theft, such as a tool checkout. Fire Chief Bland indicated that an alarm system has been installed in the particular room where the tools are stored. Councilman Horvath indicated that it was only April, and already a transfer of $3,600 was requested. He was concerned about the department running short in the "Services Personal" account, Fire Chief Bland indicated that there would be sufficient money in that account because of the vacancies within the department. Councilman Szymkowiak made a motion that the ordinance go to the Council as favorable, seconded by Councilman Horvath. The motion carried. ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, AND ROCKWELL MANUFACTURING COMPANY, PITTSBURGH, PENNSYLVANIA, FOR THE PURCHASE OF AN ASSORTMENT OF WATER METERS FOR USE FROM APRIL 1, 1973, TO APRIL 1, 1974, IN THE AMOUNT OF $16,140.00. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Paul Krueper, Bureau Manager of the Bureau of Water, made the presentation for the ordinance. He indicated that earlier this year, bids had been received for water meters and three categories had been set up, they being: Rockwell Manufacturing for the two -inch meter, Hersey Products for the 5 /8th -inch meter and Badger Meter for the modernized meter. Miss Fanny Grunwald, 227 South Frances, asked about the water meters being installed on the outside of the homes and why the older residents were not allowed to have their meters on the outside without being charged. Mr. Krueper indicated that, eventually, all the homes would have the meters on the outside; however,.40,000 meters could not all be installed at once. He mentioned that this was being done in one neighborhood at a time in order to facilitate the meter readings in that particular area and enable the department to bill more accurately. He indicated that at the present time, there are approximately 8,000 outside meters. He mentioned that if a request is received to have the meter installed on the outside, there is a charge; however, if the citizens would wait patiently, all the homes would have the outside meter. He mentioned that this installation would cost about two million dollars. Council President Nemet asked if the department bought the maximum amount of meters last year, and Mr. Krueper indicated that 6,000 meters were asked for and about 3,000 were actually installed. Councilman Parent made a motion that the ordinance go to the Council as favorable, seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, AND HERSEY PRODUCTS, INC., AMETROL DIVISION, SPARTANBURG, SOUTH CAROLINA, FOR THE PURCHASE OF TWO THOUSAND (2,000) 5/8" WATER METERS FOR USE FROM APRIL 1, 1973, TO APRIL 1, 1974, IN THE AMOUNT OF $66,040.00. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Chairman Newburn indicated that the ordinance REGULAR MEETING APRIL 23r 1973 COMMITTEE OF THE WHOLE MEETING (CONTINUED) was similar to the previous ordinance. Councilman Serge made a motion that the ordinance go to the Council as favorable, seconded by Councilman Kopczynski. The motion carried. ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, AND BADGER METER, INC., MILWAUKEE, WISCONSIN, FOR THE PURCHASE OF AN ASSORTMENT OF WATER METERS FOR USE FROM APRIL 1, 1973, TO APRIL 1, 1974, IN THE AMOUNT OF $41,492.00. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Chairman Newburn indicated that the ordinance was similar to the previous ordinances. Councilman Kopczynski made a motion that the ordinance to the Council as favorable, seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, AND INLAND CHEMICAL CORPORATION, SOUTH BEND, INDIANA, FOR THE PURCHASE OF CHEMICALS FOR USE FROM APRIL 1, 1973, TO APRIL 1, 1974, IN THE AMOUNT OF $19,774.50. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mrs. Janet Allen, 125 West Marion Street, indicated that the price for the chemicals ran about the same as last year and the order appeared to be less. She asked if anyone had any proof that the addition of the acid "fluoride" is doing the job that it was supposed to do. Mr. Paul Krueper, Bureau Manager of the Bureau of Water, indicated that this was not the question before the Council. He was simply requesting approval of the contract for the chemicals. Mrs. Allen felt that, if something was not doing any good, it would be senseless to purchase it as the money would be spent wastefully. She felt that School City and the Health Department should come out with a report on fluoride, and if it was proven to be working, approval of the contract should be given. Councilman Parent indicated that, last yea: he had read up on fluoride and he felt that the evidence pointed to the support of fluoride in the water and decreased tooth decay. Mrs. Allen felt that the doctors and dentists who worked so harc to get the fluoride in the water should continue to back the chemical. Dr. Helen Calvin, 103 Edd, South, indicated that, last year, she had come before the Council on the matter of fluoride. She admitted that, until 1972, she knew very little about the chemical. She was shocked to see how it affects the body. She wondered if there have been any studies done in the areas where the fluoric is being added. She indicated that the chemical stops all enzyme activity. She felt that there was more implication than just beautiful teeth because there is evidence of fluorine poisoning. She indicated that the number of deaths are increasing from diebetes and arteriosclerosis. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, questioned the contract time period from April to April, and Mr. Krueper indicated that it was better off to extend the contract. Mr. Roman Kowalski, 802 Birchwood, asked if there was anyone present at the meeting to tell him how many cities in the country use the fluoride. He felt that if this was so important, the federal government should enforce it. Chairman Newburn felt that if the chemical had been proven to be harmful, the federal government would have notified the people. Mr. Krueper again indicated that he was not present to discuss the pros and cons of fluoride but merely to receive the Council's permission to buy the chemical and put it in the water. Councilman Szymkowiak indicated that he had been opposed to the chemical before and he was quite concerned about it. He mentioned that a great deal of money had been spent on construction of a filtration plant to take care of the rusty water, and he had read that fluoridation causes loosening of the corroded pipes, which he felt caused the rusty water. Councilman Parent made a motion that the ordinance go to the Council as favorable, seconded by Councilman Serge. The motion carried (Councilman Szymkowiak opposed.) ORDINANCE AN ORDINANCE ESTABLISHING A SCHEDULE OF CHARGES FOR SERVICES RENDERED BY THE WASTEWATER TREATMENT PLANT OF THE CITY OF SOUTH BEND FOR THE TREATMENT OF SEPTIC TANK DUMPINGS. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Councilman Miller made a motion to continue the matter to the May 14, 1973, regular meeting, at 7:00 p.m., seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $140.00 FROM THE BUILDING DEPARTMENT, M -11, "SERVICES PERSONAL" TO THE BUILDING DEPARTMENT, M -55, "SUBSCRIPTIONS AND DUES ", BOTH ACCOUNTS WITHIN THE BUILDING DEPARTMENT OF THE CIVIL CITY OF SOUTH BEND. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Forrest West, Building Commissioner, made the presentation for the ordinance. He explained that the request was made to accommodate variou building organizations for the city's membership to the Building Officials and Code Administrator International; the American Society of Planning Officials; the Indiana Association of Building Officials; the International Association of Electrical Inspectors; and the National Association of Housing and Redevelopment Officials. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, asked if this was cut because the Substandard Building Department was taken out of Mr. West's department, and Mr. West indicated that it was not. Mr. West indicated that, recently, he had attended a seminar and it had been pointed out that the City of South Bend had been one of the first cities to adopt the BOCA Code. He asked that this fund be restored to him. Councilman Miller made a motion that the ordinance go to the Council as favorable, seconded by Councilman Szymkowiak. The motion carried. REGULAR MEETING APRIL 23, 1971 (COMMITTEE OF THE WHOLE MEETING (CONTINUED) There being no further business to come before the Committee of the Whole, Council President Neme made a motion to rise and report to the Council and also to take a recess, seconded by Councilman Taylor. The motion carried. Recessed at 9:26 p.m. II ATTEST: II CI (REGULAR MEETING - RECONVENED Be it remembered that the regular meeting of the Common Council of the City of South Bend, Indiana, reconvened in the Council Chambers at 9:40 p.m., Council President Peter J. Nemeth presiding and nine members present. 1IREPORT FROM THE COMMITTEE ON MINUTES Your committee on the inspection and supervision of the minutes would respectfully report have inspected the minutes of the April 9, 1973, regular meeting of the Council and found correct. They, therefore, recommend that the same be approved. s/ Peter J. Nemeth s/ Terry S. Miller that them Councilman Kopczynski 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. 11REPORT FROM 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 Horvath. The motion carried by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). IIREPORT FROM DIRECTOR OF DEPARTMENT OF PUBLIC WORKS Mr. William J. Richardson, Director of the Department of Public Works, made his quarterly report to the Council. He indicated that the progress of the city was summarized by complimenting the Council on the passage of the ordinance creating the cabinet form of government. He mentioned that one of the things he had been able to institute was a great deal of "in- house" engineering work whereby the city did not have to consult with other engineers. He talked briefly about the complete re- organization of the Bureau of Utilities into the Bureau of Water, the Bureau of Wastewater and the Bureau of Solid Waste. He indicated that the bureau that everyone is probably aware of is the Division of Services. He concluded by indicating that he has tried to keep the Council abreast of all the activities within the Public Works Department. Council President Neme thanked Mr. Richardson and indicated that he has been very diligent in working with the Council. IIORDINANCES, SECOND READING II OPT)TNAN R AN ORDINANCE TO APPROPRIATE $101,250.00 FROM THE LOCAL ROAD AND STREET FUND AND $33,750.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND FOR PROJECT R & S 54 - NORTH LAYFAYETTE BOULEVARD FROM LASALLE AVENUE TO NAVARRE STREET. This ordinance had second reading. Councilman Taylor made a motion that the ordinance be referred to the Council Committee on Public Works, seconded by Councilman Kopczynski. The motion carried. 1IORDINANCE NO. 5506 -73 AN ORDINANCE TO APPROPRIATE $825,000.00 FROM THE LOCAL ROAD AND STREET FUND AND $275,000.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND FOR PROJECT R & S 48 - CONTRACT NO. 2 - IRELAND ROAD FROM YORK ROAD TO IRONWOOD ROAD AND IRONWOOD ROAD FROM IRELAND ROAD TO 1500 FEET NORTH. This ordinance had second reading. Councilman Kopczynski made a motion that the ordinance pass, seconded by Councilman Horvath. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). '(ORDINANCE NO. 5507 -73 AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LANDS (SECTION 10, CREST MANOR). This ordinance had second reading. seconded by Councilman Kopczynski. Serge, Szymkowiak, Miller, Parent, IIORDINANCE NO. 5508 -73 Recorded 7 -12 -73 Document #147737 Bk. 278, Pg. 469 Councilman Newburn made a motion that the ordinance pass, The ordinance passed by a roll call vote of nine ayes (Counci Taylor, Kopczynski, Horvath, Newburn and Nemeth). AN ORDINANCE AMENDING CHAPTER 20, ARTICLE 5, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1971, BY THE ADDITION OF A NEW SECTION, SECTION 20 -58.1 FOR THE DISPOSITION OF NON - MOVING TRAFFIC VIOLATION FEES. This ordinance had,second reading. Councilman Horvath made a motion that the ordinance pass, seconded by Councilman Parent. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). REGULAR MEETING APRIL 23 1973 REGULAR MEETING - RECONVENED (CONTINUED) ORDINANCE NO. 5509 -73 AN ORDINANCE APPROPRIATING $110,801.00 FROM THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR A HUMAN RESOURCES PROGRAM FOCUSED ON DRUG ABUSE, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF HUMAN RESOURCES AND ECONOMIC DEVELOPMENT. This ordinance had second reading. Councilman Szymkowiak made a motion that the ordinance pass, seconded by Councilman Taylor. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE NO. 5510 -73 AN ORDINANCE TO APPROPRIATE $42,750.00 FROM THE LOCAL ROAD AND STREET FUND AND $14,250.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND FOR PROJECT R & S 58 - NORTH SIDE BOULEVARD FROM FRANCES STREET TO WAYNE STREET. This ordinance had second reading. Councilman Taylor made a motion that the ordinance pass, seconded by Councilman Kopczynski. The ordinance passed by a roll call vote of nine ayes (Counci Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE NO. 5511 -73 AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $3,700.00 FROM THE PARKING METER FUND TO ACCOUNT 241, "PRINTING, OTHER THAN OFFICE SUPPLIES ", AN ACCOUNT WITHIN THE PARKING METER DEPARTMENT BUDGET OF THE CIVIL CITY OF SOUTH BEND, INDIANA. This ordinance had second reading. Councilman Kopczynski made a motion that seconded by Councilman Taylor. The ordinance passed by a roll call vote of Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and ORDINANCE NO. 5512 -73 AN ORDINANCE FOR THE TRANSFER OF FUNDS WITHIN THE FIRE DEPARTMENT BUDGET IN THE AMOUNT OF $3,361.07 BEING ACCOUNT Q -11, "SERVICES PERSONAL" TO A NEW ACCOUNT BEING ESTABLISHED FOR THIS PURPOSE, Q -53, "REFUNDS, AWARDS AND INDEMNITIES ", BOTH ACCOUNTS BEING WITHIN THE GENERAL FUND. This ordinance had second reading. Councilman Miller made a motion that seconded by Councilman Parent. The ordinance passed by a roll call vote Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn the ordinance pass, nine ayes (Councilmen. Nemeth) . the ordinance pass, of nine ayes (Councilmen and Nemeth). ORDINANCE NO. 5513 -73 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, AND ROCKWELL MANUFACTURING COMPANY, PITTSBURGH, PENNSYLVANIA, FOR THE PURCHASE OF AN ASSORTMENT OF WATER METERS FOR USE FROM APRIL 1, 1973, TO APRIL 1, 1974, IN THE AMOUNT OF $16,140.00. This ordinance had second reading. Councilman Kopczynski made a motion that the ordinance pass, seconded by Councilman Taylor. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE NO. 5514 -73 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, AND HERSEY PRODUCTS, INC., AMETROL DIVISION, SPARTANBURG, SOUTH CAROLINA, FOR THE PURCHASE OF TWO THOUSAND (2,000) 5/8" WATER METERS FOR USE FROM APRIL 1, 1973, TO APRIL 1, 1974, IN THE AMOUNT OF $66,040.00. This ordinance had second reading. Councilman Taylor made a motion that the ordinance pass, 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. 5515 -73 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, AND BADGER METER, INC., MILWAUKEE, WISCONSIN, FOR THE PURCHASE OF AN ASSORTMENT OF WATER METERS FOR USE FROM APRIL 1, 1973, TO APRIL 1, 1974, IN THE AMOUNT OF $41,492.00. This ordinance had second reading. Councilman Serge made a motion that the ordinance pass, seconded by Councilman Horvath. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE NO. 5516 -73 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, AND INLAND CHEMICAL CORPORATION, SOUTH BEND, INDIANA, FOR THE PURCHASE OF CHEMICALS FOR USE FROM APRIL 1, 1973, TO APRIL 1, 1974, IN THE AMOUNT OF $19,774.50. This ordinance had second reading. Councilman Horvath made a motion that the ordinance pass, seconded by Councilman Taylor. The ordinance passed by a roll call vote of eight ayes (Councilmen Serge, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth) and one nay (Councilman Szymkowiak). REGULAR MEETING APRIL 23 1973 REGULAR MEETING - RECONVENED (CONTINUED) ORDINANCE AN ORDINANCE ESTABLISHING A SCHEDULE OF CHARGES FOR SERVICES RENDERED BY THE WASTEWATER TREATMENT PLANT OF THE CITY OF SOUTH BEND FOR THE TREATMENT OF SEPTIC TANK DUMPINGS. This ordinance had second reading. Councilman Taylor made a motion that the ordinance be con- tinued for public hearing and second reading on May 14, 1973, at 7:00 p.m., seconded by Councilman Parent. The motion carried. ORDINANCE NO. 5517 -73 AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $140.00 FROM THE BUILDING DEPARTMENT, M -11, "SERVICES PERSONAL" TO THE BUILDING DEPARTMENT, M -55, "SUBSCRIPTIONS AND DUES ", BOTH ACCOUNTS WITHIN THE BUILDING DEPARTMENT OF THE CIVIL CITY OF SOUTH BEND. This ordinance had second reading. Councilman Taylor made a motion that the ordinance pass, seconded by Councilman Horvath. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). RESOLUTIONS RESOLUTION NO. 369 -73 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, IN THE MATTER OF ALLIED PRODUCTS CORPORATION OF SOUTH BEND, INDIANA. WHEREAS, Allied Products Corporation, has submitted its intention to the Economic Development Commission of South Bend, to equip, remodel and enlarge its existing facilities in South Bend, Indiana, in St. Joseph County. WHEREAS, the Economic Development Commission, pursuant to the statute, has found by written resolution that there exists insufficient employment opportunities and that the economic welfare of the City of South Bend, Indiana, would be benefited and the purpose of the statute would be accomplished by the acquisition and leasing of the above described property to Allied Products Corporation, and WHEREAS, Allied Products Corporation, has submitted a statement of public service to the above Economic Development Commission of the City of South Bend and said Commission has forwarded this statement of public service with their approval and comments to the South Bend School Corporation, a copy which is attached, and WHEREAS, the affirmative response and analysis of the South Bend School Corporation has been received as presented to the Clerk of the City of South Bend, and attached, and WHEREAS, the statement of public service by Allied Products Corporation, and the Economic Development Commission of the City of South Bend have been submitted for approval and comments to the Area Plan Commission of St. Joseph County and the affirma- tive action and comments of the Area Plan Commission have been received by the Clerk of South Bend, as attached, and WHEREAS, the requirements of the application as described in the "Municipal Economic Development Act of 1965, of the State of Indiana" as amended have therefore been met to this point, including a projection of the number of jobs created, the estimated payroll created and the approximation of the cost of the land and construc- tion, and the impact on utilities and fire and police facilities of the City of South Bend with the approvals of the school corporation and the Area Plan Commission have jurisdiction of the area in which the proposed facility is to be built, and WHEREAS, Allied Products Corporation seeks approximately $4,000,000.00 from an issue of revenue bonds of the Economic Development Commission of the City of South Bend to be signed by its Mayor and by its City Clerk and further desires to enter into a lease of not to exceed 30 years duration to be known as a net net net lease sufficient to pay the principal and interest of these bonds and obtain title at the end of the lease, and WHEREAS, by virtue of the net net net lease, the Allied Products Corporation indicates its intention to pay all expenses of the operation, maintenance, insurance, property taxes, whatever of the facility. THEREFORE, be it resolved by the Common Council of the City of South Bend, Indiana, that the resolution and findings of the Economic Development Commission per- taining to this project be approved and incorporated in this resolution, and THEREFORE, be it resolved by the Common Council of the City of South Bend, Indiana, that the statement of public service on the part of the Economic Development Commission, of the Area Plan Commission and of the South Bend School Corporation be approved and accepted, and THEREFORE, be it resolved that the City of South Bend Common Council authorize the Economic Development Commission of the City of South Bend to proceed to make pre- liminary agreements with the proposed lessee, Allied Products Corporation in the nature of a conditional commitment to enter into a lease with Allied Products Corporation, and THEREFORE, be it resolved that the Economic Development Commission of the City of South Bend shall, as soon as the new lease form is properly prepared, submit the same to the Clerk of the City of South Bend, to be prepared by a member of the Common Council as a proposed ordinance for the acceptance of same, and issuance of revenue bonds to cover the amount of money needed. s/ Peter J. Nemeth Member of South Bend City Common Council REGULAR MEETING REGULAR MEETING - RECONVENED (CONTINUED) A RESOLUTION SETTING FORTH THE NEED FOR ECONOMIC DEVELOPMENT WHEREAS: .0 W11VR-.1W Resolution No. 11 -73 The City of South Bend is still experiencing a high unemployment situation, and By virtue of the need for additional industrial and economic development, and NOW, THEREFORE, BE IT RESOLVED by the Economic Development Commission that because of insufficient employment opportunities and insufficient diversification of industry, the economic welfare of the city would be benefited by approving the application of Allied Products Corporation for the equipping, remodeling and enlarging of its existing facilities in South Bend. THIS RESOLUTION ADOPTED BY THE ECONOMIC DEVELOPMENT COMMISSION OF THE CIVIL CITY OF SOUTH BEND, INDIANA, THIS 13th DAY OF APRIL, 1973. s/ Karl G. King, Jr. President - Karl G. King, Jr. s/ Peter J. Nemeth Vice President - Peter J. Nemeth s/ Walter Mucha Secretary - Walter Mucha REPORT OF CITY OF SOUTH BEND ECONOMIC DEVELOPMENT COMMISSION MAKING CERTAIN ESTIMATES Pursuant to the Municipal Economic Development Act of 1965, as amended, the City of South Bend Economic Development Commission is required to make certain estimates in regard to the equipping, remodeling and enlarging of its existing facilities in South Bend by the Allied Products Corporation. The estimates are as follows: (1) The number of public services or facilities, including streets, sidewalks, schools, sewers, street lights, fire and police protection which would be made additional necessary or desirable on account of the proposed project are none and the expenses therefore are none. (2) The total project cost of the proposed project will be approximately $4,000,000.00. (3) The number of jobs to be created by the proposed facilities would be upwards of 100 with an estimated annual payroll increase up to $1,100,000.00. Allied Products Corporation has been in our community since 1964. The expansion of their operations here is vital to community growth and will mean additional spending power in the area of $1,000,000.00. The company has committed contracts for work and the total additional taxes derived by the magnitude of the equipment to be installed will be substantial. April 13, 1973 Mr. Aaron H. Huguenard, President Board of School Trustees South Bend Community School Corporation 635 South Main Street South Bend, Indiana Dear Mr. Huguenard: Pursuant to the Municipal Economic Development Act of 1965, as amended, I am enclosing a copy of the report of the City of South Bend's Economic Development Commission making certain estimates pertaining to the application of Allied Products Corporation of South Bend. I would appreciate your immediate attention and indication of your approval. Sincerely, s/ Karl G. King, Jr. KGK /kl President cc: Jerry J. Miller, Mayor, City of South Bend Peter Nemeth, President, South Bend City Council James A. Roemer, South Bend City Attorney Kenneth Fedder, Counsel, Economic Development Commission Charles W. Lunger, Div. Pres., Allied Products Corporation Kenneth B. Light, Corporate Sec. & Dir. Corporate Law Dept. Allied Products Corporation REGULAR MEETING APRIL 23 1973 REGULAR MEETING - RECONVENED (CONTINUED) April 16, 1973 Mr. Karl King, President Economic Development Commission of South Bend County -City Building South Bend, Indiana 46601 Dear Mr. King: The Board of School Trustees for the South Bend Community School Corporation endorses wholeheartedly the equipping, remodeling, and enlarging of its existing facilities in South Bend by the Allied Products Corporation. The School Corporation does not consider that this project would cause any major change in school enrollments nor bring any burden upon the present school facilities. Sincerely, s/ Aaron H. Huguenard, President AHH /mm Board of School Trustees April 13, 1973 Mr. Frank Miles, President Area Plan Commission County -City Building South Bend, Indiana Dear Mr. Miles: Pursuant to the Municipal Economic Development Act of 1965, as amended, I am enclosing a copy of the report of the City of South Bend's Economic Development Commission making certain estimates pertaining to the application of Allied Products Corporation of South Bend. I would appreciate your immediate attention and indication of your approval. Sincerely, s/ Karl G. King, Jr. KGK /kl President cc: Jerry J. Miller, Mayor, City of South Bend Peter Nemeth, President, South Bend City Council James A. Roemer, South Bend City Attorney Kenneth Fedder, Counsel, Economic Development Commission Charles W. Lunger, Div. Pres., Allied Products Corporation Kenneth B. Light, Corporate Seca & Dir. Corporate Law Dept. Allied Products Corporation April 18, 1973 Karl G. King, Jr., President Economic Development Commission c/o Office Engineers 117 North Michigan Street South Bend, Indiana 46601 In Re: Allied Products Corporation Existing facilities in South Bend Dear Mr. King: The St. Joseph County Area Plan Commission has reviewed the proposal of Allied Products Corporation for equipping, remodeling and enlarging its existing facilities in South Bend. The proposal is consistent with the present zoning and the Comprehensive Plan for Community Development. HB:lari Very truly yours, s/ Howard Bellinger Executive Director A public hearing was held on the resolution at this time. Mr. Kenneth Fedder, Attorney for the Economic Development Commission, indicated that this was the largest bond issue to come before the Council, and he further explained that Allied Products Corporation desires to remodel and enlarge its existing facilities in South Bend. He indicated that there would be no additional expenses in relation to public services or facilities, with the total project cost being approximately $4,000,000.00. He mentioned that the number of jobs to be created by the proposed facility would be upwards of 100 with an estimated annual payroll increase up to $1,100,000.00. He concluded that Allied has been in the community since 1964 and the expansion of its operations would be vita to community growth. Also, that the company has committed contracts for the work. Councilman Newburn asked if there would be any legal entanglements in passing the resolution, and he questioned whether or not the resolution should be brought back to the Council in ordinance form. Council President Nemeth explained that once the resolution is passed, the ordinance could be drawn up and would come before the Council. Mr. Fedder indicated that he hoped he would be able to appear before the Council at the next meeting with an ordinance for first reading. He mentionec that Allied was very anxious to complete Council approval because they are committed for contracts REGULAR MEETING APRIL 23 197 REGULAR MEETING - RECONVENED (CONTINUED) Councilman Kopczynski indicated that Allied was a stock corporation, and he wondered why the corporation had not tried to obtain the bonds through the open market. Mr. Fedder indicated that this was strictly a matter of funding. Councilman Kopczynski asked if the bonds would be subject to the Securities and Exchange Commission, and Mr. Fedder indicated they would be. He also mentioned that there are certain requirements that have to be maintained, and, because of the size of the bond, there was no local institution able to handle that large an amount. He indicated that the amount could be possibly prorated through all the local banks. Councilman Kopczynski asked about the advantage of going through the Economic Development Commission. Mr. Fedder indicated that the State of Indiana was one of the last states to allow the use of Economic Development Revenue Bonds for these purposes and that there are certain benefits to be derived by the bondholder. He mentioned that this was also an inducement to businesses and there was a tax savings on the bonds. Councilman Kopczynski asked about the monetary advantage, and Mr. Fedder indicated that the monetary value would come to the people holding the bonds. Councilman Kopczyns asked if the bondholder paid income tax on the interest received, and Mr. Fedder indicated that they did not. Councilman Parent made a motion that the resolution be adopted, seconded by Councilman Taylor. T resolution passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). RESOLUTION NO. 370 -73 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING THE URBAN RENEWAL PLAN AND THE FEASIBILITY OF RELOCATION FOR THE NEIGHBORHOOD DEVELOPMENT PROGRAM PROJECT NUMBER IND. A -10. WHEREAS, under the provisions of Title I of the Housing Act of 1949, as amended, the Department of Housing and Urban Development Administrator is authorized to provide financial assistance to Local Public Agencies for undertaking and carrying out urban renewal projects; and WHEREAS, it is provided in such Act that contracts for financial aid thereunder shall require that the Urban Renewal Plan for the respective project area be approved by the governing body of the locality in which the project is situated and that such approval include findings by the governing body that: (1) the financial aid to be provided in the contract is necessary to enable the project to be undertaken in accordance with the Urban Renewal Plan; (2) the Urban Renewal Plan will afford maximum opportunity, consistent with the sound needs of the locality as a whole, for the rehabilitation or redevelopment of the urban renewal area by private enterprise; (3) the Urban Renewal Plan conforms to a general plan for the development of the locality as a whole; and (4) the Urban Renewal Plan gives due consideration to the provisions of adequate park and recreational areas and facilities, as may be desirable for neighborhood improvement, with special consideration for the health, safety, and welfare of children residing in the general vicinity of the site covered by the Plan; and WHEREAS, the City of South Bend, Department of Redevelopment (herein called the "Local Public Agency "), is now operating under a letter to proceed which will lead to a loan and grant contract for financial assistance under such Act with the United States of America, acting by and through the Secretary of Housing and Urban Development, pursuant to which Federal funds were provided for the urban renewal projects within the Neighborhood Development Program (herein called the "Project "), identified as "Model Neighborhood #1 and Southeast Neighborhood #1" and encompassing an area respectively by a line drawn as follows: Model Neighborhood #1 Beginning at a point on the southerly right -of -way line of Orange Street and the westerly right -of -way line of Olive Street; thence in a northerly direc- tion along the westerly right -of -way line of Olive Street to the northerly right -of -way line of Linden Avenue; thence in an easterly direction along the northerly right -of -way line of Linden Avenue to the easterly right -of -way line of Sadie Street; thence in a southerly direction along the easterly right -of- way line of Sadie Street to the southerly right -of -way line of Orange Street; thence in a westerly direction along the southerly right -of -way line of Orange Street to the westerly right -of -way line of Olive Street which is the place of beginning, containing approximately 319,000 sq. ft. Southeast Neighborhood Area #1 Part of the Northwest 1/4 Section 13, Township 37 North, Range 2 East in the City of South Bend, Indiana, more particularly described as follows: Beginning at the intersection of the West line of the North -South alley adjacent and East of lots AF, AG, and AH in the Plat of the Commissioner's Subdivision of Lots 1 and C and the North line of Paris Street; thence southerly along the West line of said North -South alley extended to the south line of the East -West alley between Paris Street and Pennsylvania Street; thence easterly along the south line of said East -West alley to the intersection of the east line North -South alley adjacent and east of lot 73 in the Plat of Elder Place extended southerly; thence northerly along the east line of said North -South alley extended southerly and the east line of the North -South alley adjacent and east of lots 73, 52, 35, and 19 in the Plat of Elder Place to the intersection with the north line of the East -West alley adjacent and north of said lot 19 extended easterly; thence westerly along the north line of said East -West alley extended and the north line of the East -West alley adjacent and north of lots 2 through 19 in the Plat of Elder Place and the north line of said East -West alley extended westerly to the intersection with the west line of the North -South alley adjacent and east of lots AF, AG, and AH in the Plat of the Commissioner's Subdivision of lots 1 and C extended northerly; thence southerly along the west line of said North -South alley extended northerly and the west line of said North -South alley to the point of beginning, containing approximately 481,000 sq. ft. REGULAR MEETING APRIL 23, 1973 11REGULAR MEETING - RECONVENED (CONTINUED) in the City of South Bend, State of Indiana (herein called the "Locality "); and WHEREAS, the Local Public Agency has applied for additional financial assistance under such Act and proposes to enter into an additional contract or contracts with the Department of Housing and Urban Development for the undertaking of, and for making available additional financial assistance for the Project; and WHEREAS, the Local Public Agency has made detailed studies of the location, physical condition of structures, land use, environmental influences, and the social, cultural, and economic conditions of the Project area and has determined that the area is a blighted area and that it is detrimental and a menance to the safety, health, and welfare of the inhabitants and users thereof and of the Locality at large, because of the presence of blighted structures and the lack of adequate community improvements; and WHEREAS, there has been prepared and referred to the Common Council of the Locality (herein called the "Governing Body ") for review and approval of an Urban Renewal Plan for the project area; and WHEREAS, the Urban Renewal Plan has been approved by the Governing Body of the Local Public Agency, as evidenced by the copy of said Body's duly- certified resolution approving the Urban Renewal Plan, which is attached thereto; and WHEREAS, a general plan has been prepared and is recognized and used as a guide for the general development of the Locality as a whole; and WHEREAS, the Area Plan Commission of St. Joseph County, which is the duly- designated and acting official planning body for the Locality, has submitted to the Governing Body its report and recommendations respecting said Urban Renewal Plan for the Project area and has certified that said Urban Renewal Plan conforms to the said general plan for the Locality as a whole, and the Governing Body has duly considered said report, recommendations, and certifications of the planning body; and WHEREAS, the Urban Renewal Plan for the Project Area prescribes certain uses for the Project area and will require, among other things, changes in zoning, the vacating and removal of streets, alleys, and other public ways, the establishment of new street patterns, the location and relocation of sewer and water mains and other public facilities, and other public action; and WHEREAS, the Local Public Agency has prepared and submitted a program for the relo- cation of individuals and families that may be displaced as a result of carrying out the Project in accordance with the Urban Renewal Plan; and WHEREAS, there have also been presented to the Governing Body information and data respecting the relocation program which have been prepared by the Local Public Agency as a result of studies, surveys, and inspections in the Project area and the assembling and analysis of the data and information obtained from such studies, surveys, and inspections; and WHEREAS, the members of this Governing Body have general knowledge of the conditions prevailing in the Project Area and of the availability of proper housing in the Locality for the relocation of individuals and families that may be displaced from the Project area; and WHEREAS, it is necessary that the Governing Body take appropriate official action respecting the relocation program and said Urban Renewal Plan for the Project, in con- formity with the contracts for financial assistance between the Local Public Agency and the United States of America acting by and through the Department of Housing and Urban Development Administrator; and WHEREAS, the Governing Body is cognizant of the conditions that are imposed in the undertaking and carrying out of urban renewal projects with Federal financial assistance under Title I, including those prohibiting discrimination because of race, color, creed, or national origin. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend: 1. That it is hereby found and determined that the Project is a blighted area and qualifies as an eligible Project area under the Redevelopment of Cities and Towns Act of 1953, as amended. 2. That the Urban Renewal Plan for the Project aforementioned, having been duly reviewed and considered, is hereby approved, and the City Clerk be and is hereby directed to file said copy of said Urban Renewal Plan with the minutes of this meeting. 3. That it is hereby found and determined that the objectives of the Urban Renewal Plan cannot be achieved through more extensive rehabilitation of the Project area. 4. That it is hereby found and determined that the Urban Renewal Plan for the project area conforms to the general plan of the Locality. 5. That it is hereby found and determined that the financial aid provided and to be provided pursuant to said contract for Federal financial assistance pertaining to the Project is necessary to enable the Project to be undertaken in accordance with the Urban Renewal Plan for the Project area. 6. That it is hereby found and determined that the above- mentioned Urban Renewal Plan for the Urban Renewal Area will afford maximum opportunity, consistent with the sound needs of the Locality as a whole, for the urban renewal of such areas by private enterprise. REGULAR MEETING APRIL 23 1973 REGULAR MEETING - RECONVENED (CONTINUED) 7. That it is hereby found and determined that the Urban Renewal Plan for the Urban Renewal Area gives due consideration to the provision of adequate park and recreational areas and facilities, as may be desirable for neighborhood improvement, with special consideration for the health, safety, and welfare of children residing in the general vicinity of the site covered by the Plan. 8. That it is hereby found and determined that the program for the proper relocation of individuals and families displaced in carrying out the Project in decent, safe, and sanitary dwellings in conformity with accpetable standards is feasible and can be reasonably and timely effected to permit the proper prosecution and completion of the Project; and such dwellings or dwelling units available or to be made available to such displaced individuals and families are at least equal in number to the individuals and families, are not generally less desirable in regard to public facilities and utilities and public commercial facilities than the dwellings of the displaced individuals and families in the Project area, are available at rents or prices within the financial means of the individuals and families, and are reasonably accessible to their place of employment. 9. That in order to implement and facilitate the effectuation of the Urban Renewal Plan hereby approved, it is found and determined that certain official action must be taken by this Body with reference, among things to changes in zoning, the vacating and removal of streets, alleys, and other public ways, the establishment of new street patterns, the location and relocation of sewer and water mains and other public facilities and other public action and accordingly, this Body hereby (a) pledges its cooperation in helping to carry out such Urban Renewal Plan; (b) requests the various officials, depart- ments, boards, and agencies of the Locality having administrative responsibilities in the premises likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with said Urban Renewal Plan; and (c) stands ready to consider and take appropriate action upon proposals and measures designed to effectuate said Urban Renewal Plan. All contracts under this Urban Renewal Plan shall be subject to approval by the Common Council. 10. That additional financial assistance under the provisions of Title I of the Housing Act of 1949, as amended, is necessary to enable the land in the Project area to be renewed in accordance with the Urban Renewal Plan for the Project area and, accordingly, the filing by the Local Public Agency of an application or applications for such financial assistance under said Title I is hereby approved. 11. That this resolution shall be in full force and effect from and after its passage by the Common Council of the City of South Bend and approval by the Mayor. Passed April 23, 1973, as amended. s/ Roger 0. Parent Member of the Common Council A public hearing was held on the resolution at this time. Mr. Charles Lennon, Director of the Department of Redevelopment, indicated that the resolution concerns two areas in South Bend, one being the Model Cities neighborhood and the other being the Southeast neighborhood. He indicated that the Department of Housing and Urban Development had given tentative approval and authority to proceed with the plan for the first year. He proceeded to designate the areas on maps he pre- sented to the Council members. He mentioned that Mr. Conrad Damian would be representing the Model Cities area and Mr. Edward Dunn would be representing the Southeast neighborhood. He indicated that the proposed development in the Model Cities area would be a multi- service fire station, and the proposed development in the southeast area would be the building of homes for the elderly. He briefly explained the problems encountered in receiving the award. He indicated that the city received notice that, by May 1, the plan had to be submitted to the Department of Housing and Urban Development. He also mentioned that the Redevelopment Commission was holding a public hearing on the plan on April 30. He requested that the Council consider the plan in order that it could be submitted and the money made available. He indicated that the land use as out- lined was what he was recommending at this time, and he mentioned that this was a concern since the fire survey has not been completed at this time. Because of this, no recommendation can be made by the Police and Fire Chiefs. He also indicated that a great deal of consideration and research had been given the plan, and the redevelopment Commission felt the proposal before the Council was the best solution. He indicated that this was not to be referred to as a community center as indicated in the newspaper. As far as construction of the fire station, Mr. Lennon indicated that four possible sites were considered and all possibilities were looked into. The Fire Chief was contacted about the location. He concluded that members of the Redevelopment staff were present to answer any questions the Council and citizens had on the subject. Mrs. Frederick Mutzl, President of the St. Joseph County Fair Tax Association, asked how many people would have to be relocated from both areas. Mr. Lennon indicated that there were 37 building dwellings in the Southeast area and 31 dwellings in the Model Cities area. Mrs. Mutzl asked how many people would have to be relocated, and Mr. Lennon clarified his previous answer by indicating that there were 37 families in the Southeast area and 31 families in the Model Cities area. Mrs. Mutzl asked if the people in the Southeast area had ever received any loans or grants for repairs to roofs, etc. She indicated that many people did not know what was to happen to their property. Mr. Lennon indicated that this was to be the first such grant money received. Mrs. Mutzl felt it was unfair to leave these people "out on a limb" for such a long time. She asked how much control the Council had over the South Bend Housing Authority. Council President Nemeth indicated that the Mayor makes certain appointments to the Authority. Mr. Lennon indicated that the housing in the Southeast side was by a private developer. He mentioned that they would absorb the cost of con- struction and be responsible for leasing and renting. Mrs. Mutzl asked if this project would be subsidized by federal money as indicated in the newspaper, and Mr. Lennon answered that it would not be. Mrs. Mutzl asked how much time had been allowed the Council in reviewing the plan, and Mr. Lennon indicated that the plans had been prepared by guidelines and he had spoken previously to the Council on the matter. Mrs. Mutzl asked how close the school would be, and Mr. Lennon indicated that it would be right down the street. Mrs. Mutzl asked how much this would cost in the future if the Council approved the resolution. She felt there was a rush being put on the Council for action at the meeting with not enough time previously given the Council for considera- tion of the matter. Mr. Lennon briefly spoke on the matching funds and gave a breakdown of the project. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, felt that REGULAR MEETING APRIL 23, 1973 IIREGULAR MEETING - RECONVENED (CONTINUED) this was the case in many matters and that when federal funds are available, approval always had to be given "yesterday ". She expressed her feeling that the Council not pass the resolution at the meeting. She felt the money for the Southeast area was very important and she recommended that the Council seriously consider approving that; however, since a contract had not even been signed for the Fire Department survey, that portion should be given further consideration. She mentioned that there already were three recreation centers in that area. She indicated that she knew this matter was important, but she also felt it was insulting to the Council to be handed something and made a decision at such a short notice. Mr. Lennon indicated that this was not the first time the matter had been presented to the Council for consideration. He indicated that, on September 25, 1972, a public hearing had been held. He did not feel it was fair for individuals t stand before the Council and criticize a matter when they were not aware of the project or the pla involved. He felt it was unfair to say that the Council had just received the information. Mrs. Janet Allen, 125 West Marion Street, indicated that both areas had been discussed for many years. ,She mentioned that possibly the Redevelopment Department had just been given approval to proceed with the plan. She indicated that the project was nothing new,- but she did agree that the Council is given many things at the last minute and expected to make a decision. Mr. Paul Bognar, 805 West Washington Avenue, asked if the Model Cities portion would be approved by passage of the resolution. He asked if a fire station, municipal facilities building and playgroun would be built there, and Mr. Lennon indicated they would not be. He mentioned that there were too many variables not in at this time. Mr. Bognar asked if, by passage of the resolution, Mr. Lennon would be just given the authority to proceed with the project. Mr. Lennon indicated that this was the case. Mr. Bognar asked if Mr. Lennon would have to go back to the Council for final approval. Mr. Lennon indicated that he could only make recommendations which the Council must approve. Mr. Bognar did not feel that the operation in the Model Cities neighborhood should be approved at this time. Councilman Miller quoted the second numbered paragraph on page 3 of the resolution regarding the Urban Renewal Plan for the project and asked if this section should not be deleted from the resolution. Mr. Lennon indicated that the Council did not have the narrative but they did have the land -use plan. Councilman Miller asked about the number of pages of the Plan and indicated that, in the third complete paragraph on page 2, there was a blank line. Mr. Lennon indicated that at this time, he did not know how many pages the plan would be and for that reason a blank line was used. Councilman Miller indicated that Mr. Lennon was asking the Council to approve something they did not have a copy of or even seen to consider. Mr. Lennon indicated that this was the case; however, the Council did have the maps available which illustrated the project. He indicated that HUD had been notified of the problems the Redevelopment Department had encountered on the May 1 deadline; however, HUD had not rescinded the date. He indicated that he had to have something to take to HUD and changes could be made at a later date. Councilman Miller questioned the legality of the procedure, and Mr. Lennon indicated that the Council has done this in the past. Councilman Kopczynski felt Mr. Lennon had not kept the Council well informed on the project. Mr. Lennon indicated that the maps had just been prepared this morning but were in preparation for three years. Councilman Kopczynski indicated that he was in favor of the Southeast area grant but he felt Mr. Lennon was very vague in the plans presented to the Council, and he again indicated that the Council has not been kept informed in the matter. Mr. Lennon objected to that statement, to which Councilman Kopczynski answered that he felt.'-it was very unfair to ask the Council to vote on the plan. He felt the Council should have been informed through the proper channels. Mr. Conrad Damian, 718 East Broadway, felt the Council was overlooking the citizens in the two project areas. He explained that on the Southeast side, the Department of Redevelopment had been working since the end of February to develop a program for the neighborhood. He indicated that, in the past, the Council has spoken of improvement in the neighborhood. He indicated that he was not present at the meeting to argue with the Councilmen as to whether or not they have been kept informed. He mentioned that the department has been working very diligently on the plans and has been very involved. Also, all 37 families involved were in favor of the plan. He indicated that they have been waiting for three years and he was sorry that they were here before the Council at the last minute. He stressed the fact that.HUD would not consider the plans if they were not submitted by May 1, and he indicated that no funding would be available if there was no action taken on the resolution. He appreciated the Council's concern; however, he indicated that the program would be ended if there was no action on the resolution. Councilman Newburn indicated Council's real intention was the federal government sets mentioned that many people w take advantage of these peop indicated that, because of t mean the Council would or wo cerned about specific detail controversial; however, on t land use. Mr. Lennon indica point in time when Mr. Lenno be reauired to do this. Mr. that, realizing the problems and difficulties in both areas, the not wanting to do anything but continue the matter. He indicated that i guideline which must be followed if funds are to be received. He )uld be affected by this plan. He felt it was unfair to South Bend to Le when they were being forced under the mandate. Councilman Parent ie previous discussion of the Council on the resolution, it did not zld not pass the resolution. He indicated that the Council is con- 3. He assumed that the Southeast portion of the resolution was not le Model Cities portion, the only approval to be given would be for the :ed that this was correct. Councilman Parent asked if there was any i would be coming back to the Council on -the resolution and if he would Lennon indicated that he would have to comeback to the Council for approval of the final plans. He indicated that the plans presented to the Council at this time were only proposed. Councilman Parent asked how many of the 37 building dwellings mentioned pre- viously were substandard, and Mr. Lennon indicated that about 23% of the neighborhood program was developed from the code enforcement. He mentioned that this program takes into accounting a long - range type of projection and would be the first part of the 1969 land -use transportation plan. Mr. Edward Dunn, representing the Southeast area, indicated that 23% are substandard but, including major deficiencies, that figure would go up to 83 %. He also mentioned that it is in an area where there may be small pockets where only 45% of the structures are substandard. He mentioned that there are other areas that are eligible for clearance. Mrs. Louvenia Cain, 1207 West Washington Avenue, indicated that there are only about five homes that could be used but that would involve an extensive amount of money for repair. She indicated that she would like to have the Council make a tour of the neighborhood. She mentioned that, on Olive Street to Linden, the houses were in very bad condition. She felt the Council would also find the same thing on Orange Street and Sadie Street. She expressed hope that finally the plans could be made for improvement of the area. Councilman Miller felt the matter before the Council was very serious. He agreed with Councilman Parent. He expressed concern on the number of houses being torn down in the city. He felt the Council was constantly being asked to tear down buildings and not that many new buildings were being constructed. He wondered about the land -use plan for the area and the amount of money needed to bring 30 homes up to standard. He felt there were possible other solutions as a plan for use in the Model Cities. He suggested that the project might be funded totally provided there was a EMUT.AR MEFmINa APRIL 23, 1973 REGULAR MEETING - RECONVENED (CONTINUED) deletion of a few clauses in the resolution. Councilman Kopczynski indicated that he had made an observation and he felt that the houses in the single - family neighborhood would be occupied, before long, by two or three families. He indicated that he had seen this happen in his district. Mrs. Helen Pope, 1408 West Linden Avenue, indicated that she has lived on the west side of the city for 50 years and had lived in eight different houses. She felt it was not the responsibility of the Council to worry about how many people lived there. She felt the city owed the people decent homes. She indicated that she would hold the Council responsible for the consequences. She mentioned that the city has always had.the pleasure of planning and the people have had the taking and she felt the people should be given the privilege of the planning. She mentioned that three years have been spent on the planning, and she felt she could verify Councilman Newburn's comments She concluded by indicating that the Council did not live there and she did. Councilman Newburn indicated that he also lived in that area. Councilman Kopczynski indicated that this condition was also happening in his neighborhood. He indicated that more homes were being wrecked than built and that some families were doubling up. He felt this same condition would take place with- in five years, and he felt there was something wrong with the relocation of the people. Councilman Taylor made a motion to take a recess, seconded by Councilman Miller. Recessed at 11:00 p.m. Reconvened at 11:27 p.m. Councilman Parent indicated that some of the Council members had been reluctant to demolish buildings in which people were still living. He then made a motion to amend the resolution as follows: On page 2, in the second complete "Whereas" clause, delete "the members of this Governing Body have been fully appraised by the Local Public Agency and are aware of these facts and conditions; and" and insert a semicolon after the word "improvements" in the eighth line followed by the word "and ". On page 2, in the third complete "Whereas" clause, delete "dated April 6, 1973, and consisting of pages, supported by the Final Project Report material data, and recommendations, which material, data, and recommendations are not a part of the Urban Renewal Plan" and insert a semicolon after the word "area" in the third line followed by the word "and ". On page 3, in the fourth complete "Whereas" clause, delete "in the light of such know- ledge of local housing conditions, have carefully considered and reviewed such proposals for relocation; and" and insert a semicolon after the word "area" in the fourth line followed by the word "and ". On page 5, insert the following at the end of the paragraph numbered 9: "All contracts under this Urban Renewal Plan shall be subject to approval by the Common Council." Councilman Miller seconded the motion to amend. The motion carried. Councilman Parent then made a motion to adopt the resolution, as amended, seconded by Councilman Taylor. The resolution passel by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski Horvath, Newburn and Nemeth). RESOLUTION NO. 371 -73 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING THE FOURTH YEAR OF THE CITY OF SOUTH BEND COMPREHENSIVE DEMONSTRATION PROGRAM AND AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT WITH THE UNITED STATES OF AMERICA. WHEREAS, the City of South Bend desires to continue to carry out a comprehensive city demonstration program (herein referred to as the "Program ", attached hereto and made a part hereof) with the Federal financial assistance under Title I of the Demonstration Cities and Metropolitan Development Act of 1966 (herein called "Act "); and WHEREAS, the Act requires local governing body approval of the Program as a condition for eligibility for assistance. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend that: SECTION I. The application for the Program is hereby approved subject to approval of all contracts by the Common Council. SECTION II. The Mayor of the City of South Bend, Indiana, Jerry J. Miller, is hereby authorized to execute a grant agreement with the United States of America and to do all things necessary in order to carry out the Program including the submission of such reports, certifications and other material as the Secretary of Housing and Urban Development shall require. SECTION III. The Common Council of the City of South Bend assumes full responsi- bility for assuring that all grant funds will be used in an economical and efficient manner in carrying out the Program and assures the necessary non - federal share of the cost of the Program Administration. SECTION IV. The South Bend Director of Administration, James V. Barcome, or his successor or delegate may do all things required to be done in order to obtain payment of the grant, including but not limited to the selection of a commercial bank to receive payment vouchers, the submission of signature specimens, and the filing of requests for payment. SECTION V. This resolution shall be in force and effect immediately upon its passage by the Common Council of the City of South Bend, Indiana. Passed April 23, 1973, as amended. s/ Peter J. Nemeth Member of the Common Council REGULAR MEETING APRIL 23, 1973 11REGULAR MEETING - RECONVENED (CONTINUED) A public hearing was held on the resolution at this time. Dr. John Kromkowski, Director of the Department of Human Resources and Economic Development, indicated that this resolution was a result of a series of consultations which began.in April, and he mentioned that, on April 16, Mr. Hollis Hughes, Model Cities Director, and other representatives met with the Council. He indicate that Model Cities was now folding into the revenue sharing and this involved a transition between the Model Cities revenue cycle and the new revenue sharing cycle. He indicated that a variety of programs must be run city -wide and that the plan of simply working with one particular neighborhoo was not an overall community solution. That general feeling has been part of the deliberations th Model Neighborhood Planning Agency has gone through. He urged passage of the resolution. Council President Nemeth indicated that the Council wanted to make an amendment to the resolution. Councilman Miller made a motion to amend the resolution as follows: A new Section I to read as follows: "The application for the program is hereby approved subject to approval of all contracts by the Common Council." Councilman Parent seconded the motion. Mr. Hollis Hughes, Director of Model Cities, indicated that, by the amendment, this resolution deviated from resolutions utilized in past years. Council man Miller indicated that the contracts simply would be subject to approval by the Council and it was not the intent of the Council to do anything contrary to what Model Cities desired to do. Mr. Hughes indicated that the contracts were made between the Mayor and the particular agency and that the Mayor had the final authority over the contracts. Councilman Miller indicated that the Counci wanted to have joint authority with the Mayor. The motion to amend carried. Councilman Parent then made a motion to adopt the resolution, as amended, seconded by Councilman Taylor. The resolution passed by a roll call vote of eight ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath and Nemeth) and one nay (Councilman Newburn). IIORDINANCES, FIRST READING IIORDINANCE This ordinance had public hearing and The motion carried. II nRDTNANCE This ordinance had public hearing and The motion carried. II nRD TNANCE This ordinance had public hearing and The motion carried. II nRDTNANCR This ordinance had for public hearing The motion carried. II nRD TNANCE AN ORDINANCE APPROPRIATING $51,912.00 IN ACCOUNT NO. 120, "SERVICES PERSONAL ", $3,037.00 IN ACCOUNT NO. 620, "CURRENT OBLIGATIONS ", AND $2,500.00 IN ACCOUNT NO. 726, "PROPERTIES ", FOR A TOTAL APPROPRIATION OF $57,449.00 FROM THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY KNOWN AS GENERAL REVENUE SHARING, FOR THE PURPOSES OF A SUMMER ENVIRONMENTAL CLEAN -UP PROGRAM, FA -6, TO BE ADMINISTERED BY THE DEPARTMENT OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA. first reading. Councilman Taylor made a motion that the ordinance be set for second reading on May 14, 1973, at 7:00 p.m., seconded by Councilman Horvath. AN ORDINANCE APPROPRIATING $50,000.00 IN ACCOUNT NO. 726, "PROPERTIES ", FOR A CAPITAL IMPROVEMENT PROJECT, BUILDING SHED AT THE MUNICIPAL SERVICES FACILITIES FROM THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC WORKS PROGRAMS, TO BE ADMIN- ISTERED BY THE DEPARTMENT OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA. first reading. Councilman Taylor made a motion that the ordinance be set for second reading on May 14, 1973, at 7:00 p.m., seconded by Councilman Kopczynski. AN ORDINANCE TRANSFERRING THE SUM OF $45,000.00 BETWEEN VARIOUS ACCOUNTS IN THE FEDERAL ASSISTANCE PROGRAM FA -10, "BUREAU OF SOLID WASTE ", ALL ACCOUNTS BEING WITHIN THE BUREAU OF SOLID WASTE, CITY OF SOUTH BEND, INDIANA. first reading. Councilman Horvath made a motion that the ordinance be set for second reading on May 14, 1973, at 7:00 p.m., seconded by Councilman Kopczynski. AN ORDINANCE APPROPRIATING $393,983.00 FROM THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC WORKS PROGRAMS, FOR VARIOUS ENVIRONMENTAL AND CAPITAL IMPROVEMENT PROGRAMS IN THE AREA OF PARKS AND RECREATION, TO BE ADMINISTERED BY THE DEPARTMENT OF PUBLIC PARKS OF THE CITY OF SOUTH BEND, INDIANA. first reading. Councilman Szymkowiak made a motion that the ordinance be set and second reading on May 14, 1973, at 7:00 p.m., seconded by Councilman Taylor. AN ORDINANCE CREATING A NEW ACCOUNT FAl -370 "OTHER SUPPLIES" WITHIN THE FEDERAL ASSISTANCE GRANT PROGRAM FA1 "MOTOR VEHICLE HIGHWAY ", AND TRANSFERRING $10,000.00 FROM ACCOUNT FAl -440 "SALT ", BOTH ACCOUNTS BEING WITHIN THE FEDERAL ASSISTANCE PROGRAM FAl "MOTOR VEHICLE HIGHWAY" OF THE FEDERAL ASSISTANCE GRANT FUND OF THE CITY OF SOUTH BEND, INDIANA. 'ti a L APRIL 23, 1973 MEETING - RECONVENED (CONTINUED) is ordinance had first reading. Councilman Taylor made a motion that the ordinance be set for blic hearing and second reading on May 14, 1973, at 7:00 p.m., seconded by Councilman pczynski. The motion carried. INANCE AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE AND TRUST INDENTURE AND ECONOMIC DEVELOPMENT REVENUE BONDS AND THE FORM AND TERMS OF THE LEASE AND TRUST INDENTURE AND BONDS AND THE ISSUANCE OF ECONOMIC DEVELOPMENT REVENUE BONDS PERTAINING TO AUTOMATIC MOLDED PLASTICS, INC. is ordinance had first reading. Councilman Taylor made a motion that the ordinance be set for blic hearing and second reading on May 14, 1973, at 7:00 p.m., seconded by Councilman pczynski. The motion carried. (Councilman Parent abstained.) INANCE AN ORDINANCE TO AUTHORIZE THE EXECUTION.OF A LEASE, INDENTURE OF TRUST, AND BONDS AND TO AUTHORIZE THE ISSUANCE OF ECONOMIC DEVELOPMENT REVENUE BONDS PERTAINING TO AUGUST G. VANDERHEYDEN. s ordinance had first reading. Councilman Taylor made a motion that the ordinance be set for lic hearing and second reading on May 14, 1973, at 7:00 p.m., seconded by Councilman Miller. motion carried. INANCE AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 21 OF THE CITY CODE OF SOUTH BEND, INDIANA, 1971, ALSO KNOWN AS ORDINANCE NO. 4990 -68, AS AMENDED, AND GENERALLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED, BY ADDING PROVISIONS RELATIVE TO HISTORIC PRESERVA- TION. Chis ordinance had first reading. Councilman Taylor made a motion that the ordinance be referred :o the Committee on Historic Preservation, seconded by Councilman,,Kopczynski. The motion carried. INISHED BUSINESS :ouncilman Taylor made a motion to appoint the following individuals to the Civic Center kuthority as the Council's appointments: Mr. Thomas E. Brubaker 52602 Jackie Lane South Bend Mr. Richard Pfeil 1203 Avondale Road South Bend Mr. Stanley Ladd 723 Dale Mishawaka f :ouncilman Parent seconded the motion. The motion carried. NEW BUSINESS Mr. Ronald Radecki 431 South 29th Street South Bend :ouncil President Nemeth announced the formation of a special Committee on Historic Preservation, gith the members of the committee being as follows: Councilman Kopczynski - Chairman Mrs. Louvenia Cain 1207 West Washington Avenue South Bend Mrs. Ruth Price 228 West Colfax Avenue South Bend Councilman Parent Mr. Phillip H. Ault 3025 Woodridge Avenue South Bend Mr. James Kuehl 217 West Washington Avenue South Bend Phere being no further business, unfinished or new, to come before the Council, Councilman ( opczynski made a motion that the meeting be adjourned, seconded by Councilman Horvath. The motioi tarried, and the meeting adjourned at 11:50 p.m. TTE5T: APPROVED:- f- + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++ -'1 +. -E+-1 + i-+ -#-+++++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++