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HomeMy WebLinkAbout05-14-73 Council Meeting Minutes........................................... ++4i-+,+.,+ i'- i- i- i'- i-- i- .i-- i-' i- i-- f-- i".- F' i-.i' .- Fi- i' i- .- i'- F' i- ..i-'E'....i-i'i-."i'.+i--i-.. REGULAR MEETING MAY 14, 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, May 14, 1973, at 7:05 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. Council President Nemeth announced that Item 3H (an ordinance establishing a schedule of charges for treatment of septic tank dumpings) would not be heard at this meeting because it would be referred to the Public Works Committee for consideration. He also indicated that Item 3I (an REGULAR MEETING MAY 14, 1973 REGULAR MEETING (CONTINUED) ordinance appropriating $500,000.00 from revenue sharing funds for the Civic Center) would be stricken because approval had been received from the State Board of Accounts and the ordinance had been published setting forth the line items. He also indicated that Item 12A (a resolution supporting regional public hearings regarding the proposed rate increase by Indiana Bell Telephone Company) would be stricken and Item 31 (an ordinance appropriating $5,000.00 from revenue sharing funds for the Department of Law) would be continued to the June 11th meeting of the Council. Councilman Taylor made a motion to resolve into the Committee of the Whole, seconded by Councilman Parent. The motion carried. Two gentlemen in the audience expressed concern about Item 3H regarding the septic tank dumping charges and indicated that they wanted to be kept informed on the results of any meetings on the ordinance. Chairman Newburn indicated that the ordinance would be referred to a committee and the results would be made known. Councilman Horvath also mentioned that copies of the proposed ordinance were on file in the City Clerk's Office for anyone who wanted to study the ordinance. He indicated that his committee, the Public Works Committee, would consider the matter and report back to the Council on its findings and recommendations. COMMITTEE OF THE WHOLE MEETING Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on Monday, May 14, 1973, at 7:07 p.m., with nine members present. Chairman Odell Newburn presided. ORDINANCE 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. 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 pro- gram had first been presented to the Council and the citizens of South Bend last October when the Public Works Program was outlined for the city. He explained that the program was basically one of hiring 35 young men, primarily of college age. He indicated that there would be 7 group leader! at $3.00 /hour for 600 hours ($12,600.00) and 28 laborers at $2.34 /hour for 600 hours ($39,312.00), with the program to run from June to September 1. He indicated that the Bureau of Streets had offered to supply one foreman to supervise and the necessary vehicles and equipment would be scavenged from the Bureau of Streets, Bureau of Solid Waste and the Park Department. He indicated that these men would handle all weed complaints, clean -up complaints and the restoration of the river bank. He expressed hope that this program would become a permanent summer program in order to continue the clean -up of the city. Mrs. Frederick Mutzl, President of the St. Joseph County Fair Tax Association, asked if there was provided summer help for this type of program in the Park Department budget, and Mr. James Seitz, Director of the Parks and Recreation Departments, indicated that this help could not be used for the clean -up program in the Public Works Department. Mrs. Mutzl asked if the city had received money to help pay for summer work of this kind, and Councilman Parent indicated that any money the city would be receiving was becoming much less for the part -time summer work. Mrs. Mutzl asked about the Emergency Employment Act. Councilman Serge indicated that, in previous years, there were a great many complaints made in regard to the clean -up problem and the Park Department could not take care of all the complaints. He felt this program was needed in order to rectify the pro- blem. Mrs. Mutzl indicated that she had read that over $100,000.00 had been received by the city for this purpose; however, she indicated that she could not find the article and she could be wronc_ on the figure she mentioned. Councilman Horvath indicated that the Council had taken a good look at the program and considered it very carefully. He felt the summer program would be a visible thing and the citizens could see what was being done with the money in that way. Councilman Kopczynski thought that perhaps Mrs. Mutzl felt some of the STEP Program money could be used for the clean -up program. Mr. Richardson indicated that perhaps that could be accomplished; however, that money was not all for the City of South Bend but for the entire county. He also felt that those workers would be somewhat younger than desired. Councilman Szymkowiak made a motion that the ordinance go to the Council as favorable, seconded by Councilman Serge. The motion carried. ORDINANCE 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 ADMINISTERED BY THE DEPARTMENT OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. William J. Richardson, Director of the Department of Public Works, made the presentation for the ordinance. He indicated that several years ago, the Council funded several projects at the Municipal Services Facilities, one of which was in the amount of $5,000.00 for installation and replacement of fencing. He mentioned that one of the problems the city was faced with was that too much equipment has to be parked out in the open, and he mentioned that this is a problem when winter is here and the equipment has to be thawed out before it can be used. He indicated that the appropriation request would enable con- struction of a building of approximately 6,000 square feet to house this equipment. He mentioned REGULAR MEETING MAY 14, 1973 COMMITTEE OF THE WHOLE MEETING (CONTINUED) that this would only be a start, and that the building would be metal and was under design at the present time. He indicated that the initial plans called for "off- season" storage in that in the winter months, summer equipment would be parked in the building. He indicated that the 6,000 squa foot building would not fulfill the requirements of putting all the equipment under storage; how- ever, the parking and fencing arrangements were being revised in the hopes that some day a complet security system would be utilized. Mrs. Janet Allen, 125 West Marion Street, asked if the building would be heated, and Mr. Richardso indicated that the only utility would be electricity for lighting; however, the building would be insulated. Councilman Kopczynski indicated that he felt this building was a very good idea becaus it would be something that would be with the city for a great many years and would provide better services for the taxes that the citizens pay. Chairman Newburn asked if the building would confor to the Building Code, and Mr. Richardson assured him that it would. Councilman Serge made a motion that the ordinance go to the Council as favorable, seconded by Councilman Kopczynski. The motion carried. ORDINANCE AN ORDINANCE TRANSFERRING THE SUM OF $45,000.00 BETWEEN VARIOUS ACCOUNTS IN THE FEDERAL ASSIS- TANCE PROGRAM FA -10, "BUREAU OF SOLID WASTE ", ALL ACCOUNTS BEING WITHIN THE BUREAU OF SOLID WASTE, CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on the above ordinance, proponents were given the opportunity to be heard, and also opponents. Mr. William J. Richardson, Director of the Department of Public Works, made the presentation for the ordinance. He explained that many pro - blems had been encountered in getting the new program underway; however, he felt it was well on th way to being a success. He indicated that one of the problems had to do with the tremendous amoun of trash to be hauled. He indicated that six additional men were needed at $150.00 per week and that there would be no change in the total budget as presented in revenue sharing by the transfer of this sum. He mentioned that the transfer would probably have to be reinstituted in the fall. He indicated that the transfer would decrease the landfill costs from $20,000 to $15,000 with $5,000 left which would not last beyond August and the maintenance and fuel would also have to be reinstituted. He indicated that, originally, the account for motor equipment was $25,000. The sum of $15,000 could be transferred this year without any further action. He mentioned that the department is in the process of purchasing the flat bed truck. Also, outside of the six additiona men would be the overtime and extra help of $10,800. He concluded by indicating that it was hoped the department could start work in conjunction with the Department of Public Safety regarding yard and alley complaints. Mr. Clouise McCarty, 52174 Oakland Avenue, asked if the charges for the solid waste would be dropped. He thought Mr. Richardson had indicated that the charges would be decreased. Mr. Richardson clarified this point by indicating that the city has and will continue to pay for the dumpings. When the city closed its landfill, there was a surplus bulldozer, and it was sold to the county with the city taking a credit of $20,000 in dumping fees. He indicated that, this month, the credit would be wiped out. The Council had originally appropriated $20,000 for landfil costs, and he was requesting that $15,000 of this be transferred, leaving a $5,000 balance to pay the county. He indicated that, in August, the Council would have to re- appropriate money from the users' fees to continue paying the cost of the dumping. Councilman Miller asked when the revenue from this would reimburse the Federal Assistance Grant. Mr. Richardson indicated that, in the original budget that was passed, a "zero" amount of dollars was set out as far as revenue sharing funds. He was hopeful that the program would be able to pay back in 1974, and he indicated that he had not really projected any figure for that. Councilman Serge asked if complaints about bad alleys and yards should still be referred to the Department of Public Safety even though Public Works and Public Safety would be working in conjunction with each other. Mr. Richardson indicated that the correct procedure to follow was still notifying the Department of Public Safety. In that way, the property would be properly red tagged and if not corrected in a certain amount of time, i would be referred to the Public Works Department to take care of the situation. Councilman Szymkowiak made a motion that the ordinance go to the Council as favorable, seconded by Councilman Kopczynski. The motion carried. ORDINANCE 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. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. James Seitz, Director of the Departments of Parks and Recreation, made the presentation for the ordinance. He proceeded to outline the line items incorporated in the ordinance. He explained that Program FA23 was a recreation program to open the school gyms and pools during the summer months. He mentioned that the four schools would be Riley, LaSalle, Adams and Washington, and he indicated that it was estimated that over 1,600 persons a week would use the facilities. In Program FA24, he explained that the renovation of Potawatomi Zoo was very important because the zoo was one of the most popular attractions and it had been neglected in the past. He indicated that $100,000 would only be a start for the project and it would involve additional monies in future years and could cost up to $700,000. He indicate that it was estimated that over 200,000 people visited the zoo each year. He expressed concern about the city possibly being ordered to close the present zoo because of its present condition. He explained that part of the money appropriated would be used to hire a planner to help in the design of the project because a detailed plan is needed. He was hopeful that private donations would also be received. In Program FA25, he indicated that lighting was needed at two additional softball diamonds with the renovation of lighting at one ball diamond. He explained that the present lighting system is very antiquated. He mentioned Boland Park and Booth Tarkington Park. In Program FA26, he indicated that the rest rooms were in dire need of repairs. In Program FA27, he indicated that a study committee had been formed to consider the possibility of the Rum Village Nature Education Center. He named the members of the committee. The report from that committee indicated that South Bend was very fortunate in having the park within the city limits as the REGULAR MEETING MAY 14 1973 COMMITTEE OF THE WHOLE MEETING (CONTINUED) Bendix Woods Nature Center was a great distance away. He mentioned the possibility of acquiring more land to the south in order to make part of the park a nature study area. In Program FA28, he indicated that every year hundreds of trees are planted manually and that the purchase of the tree planter was very important as it would be faster and the risk of the trees not surviving would not be so great. Mrs. Frederick.Mutzl, President of the St. Joseph County Fair Tax Association, indicated that she wanted to comment on the items within the ordinance. She expressed her agreement with Program FA23. In Program FA24 regarding the renovation of the zoo, she asked if the $100,000 would be all that would be needed to bring the zoo up to the Animal Welfare Act. Mr. Seitz indicated that he had not received any standards regarding the act as yet. Mrs. Mutzl felt the city should do what the act sets forth.and she felt renovation of the zoo should wait until the act has been received in order to know what is required. She asked if the $100,000 would be all that would be required, and Mr. Seitz indicated that he had previously mentioned the $100,000 amount was only the beginning. Mrs. Mutzl asked who would pay for the maintenance of the zoo, and Mr. Seitz indicated that the taxpayers would. Mrs. Mutzl again indicated that, since the city has not received the Animal Welfare Act, it should wait regarding the plans for the zoo. She suggested that a smaller amount of money be used to bring the zoo up to standard conditions with the rest of the money being used at the present time in some other program that would benefit the community She asked if there was indebtedness that some of the money could go for, and she asked about improvements and equipment that was needed. She indicated that the citizens did not want to do with revenue sharing money more than what could be paid without adding to the tax burden. She felt the revenue sharing funds should help and not burden the taxpayers. She briefly mentioned the local option tax and how it could possibly go into effect should the county approve it. She mentioned that, in Program FA25 regarding the general park lighting, she would leave that up to Mr. Seitz'good judgment. She also agreed with Program FA26 regarding renovation of the rest rooms at Potawatomi. In Program FA27, she indicated that Rum Village has 160 acres, and she quoted an article indicating that it was a natural place for persons of all ages to view nature, life, etc. She felt it should be left that way and not renovated with the construction of a $150,000 building She agreed to a smaller building and rest rooms; however, she felt that if the city constructed such a building, it would cost the taxpayers in the future. Mr. Seitz indicated that $150,000 would not make the building elaborate. Mrs. Mutzl felt nature should be studied outdoors, and she felt this could be accomplished through the schools. She did not feel the building was necessary, and she indicated that, in the Park Department proposed budget for 1974, a figure for expenses for the building was set out at $40,450. She felt the education belonged in the schools and was not up to the local government. In Program FA28, she asked about the size of the tree planter, and Mr. Seitz indicated that it would plant trees four inches in diameter. Mrs. Mutzl asked about the best time -for planting trees, and Mr. Seitz indicated that the best time for planting was in the spring and fall. Mrs. Mutzl indicated that the part -time summer help would not be utilized for tree planting. Mr. Seitz indicated that, in addition to all other activities, the department had two new parks to maintain.. Mrs. Mutzl questioned whether the tree planter would put men out of work. Mrs. Fanny Grunwald, 227 South Frances, indicated that she was against the nature center. She asked if there still was a Storyland Zoo, and Mr. Seitz indicated there was. She felt the nature area should be left as is, and the city should concentrate on the Storyland Zoo. Mr. James Considine, 1109 Donmoyer, and chairman of the Board of the Zoological Society, indicated that he was in favor of the renovation of the Potawatomi Zoo. He indicated that the Board appreciated and was very glad that this money was being appropriated for the zoo because it had been neglected for many years. He reiterated that the Society had been working very hard to improve the facilities and the money being appropriated would be "seed" money to encourage private money to come into the zoo in future years. He supported Mr. Seitz' comment about needing a planner for the zoo. Mr. Howard Wallace, 1442 East Bowman Street, asked about the specific plans and design of the nature center. Mr. Seitz indicated that it would be placed on the north side of the road, and in the center,trails would be marked; however, it would be left in its natural state. Mr. Wallace indicated that the floor bed was very rich in the park and many plants that grow there are not available in other parts of the county. He suggested that a fence be erected in order to protect these plants. Mr. Seitz indicated that the fence would be included in next year's budget. Mr. Hugo Petersen, 2165 Riverside Drive, of the Board of Directors of the South Bend City Planning Association, indicated that he had been impressed that every allotment had been discussed on the basis of the need. He felt there should be no question on that. He felt renovation of the zoo was important and should be accomplished because, at present, the zoo did not have much to offer. He also felt it was a question of priorities. He asked about the nature center in Bendix Woods. He asked if the $150,000 for the Rum Village Nature Center would be an initial allotment. He indicated that there would be additional expenses in order to keep the center in operating condi- tion and that additional security would also have to be considered and required. He asked if it wouldn't be better to take this money, at the present time, and spend it on the renovation of the zoo. Mr. Al Gostola, 62650 Oak Road, indicated that he was not opposed to anything that was being proposed at the meeting. He complimented the Park Department on their efforts. He mentioned that as far as the nature center, this could be accomplished anytime. He indicated that he would like to see the city acquire additional land in Rum Village at the present time. He mentioned that A.M. General was cutting trees in the area, and he concluded by indicating that the city could not produce more land when the land was being taken away. Mrs. Janet Allen, 125 West Marion Street, agreed with Mr. Gostola. She indicated that she had found it interesting that the people who live in the area of Rum Village were not on the committee that studied the situation. She suggested that the city use $100,000 for marking trails and making additional trails and put $150,000 into the zoo. She indicated that she did not feel the zoo had been neglected and that the "Friends of the Zoo" have helped to improve the situation. Regarding the purchase of the tree planter, Mrs. Allen felt it was needed. In response to Mr. Gostola's comment, Mr. Seitz indicated that the city has talked to A.M. General about land acquisition. Mrs. Mutzl indicated that she agreed with Mr. Gostola and Mrs. Allen regarding the purchase of additional land. She asked if a little revenue sharing money could be used for the house built by the first black man in Leeper Park. Mr. Seitz indicated that there were funds for that, including private donations. Mrs. Joyce Harrington, 1110 South 21st Street, indicated that she taught biology at Indiana University in South Bend, and she felt the nature center would be very helpful. She indicated that she had been appauled that people were not even aware of certain species of plants and animals in the wild. She did not know if $150,000 was necessary for the building, and she mentioned that she would be in favor of acquiring more land. She mentioned that Bendix Nature Center is quite a distance away and it cannot accommodate the groups interested in viewing the center. She also mentioned the fact that there is a great deal of erosion on the trails in Rum Village caused by motorcycles and snowmobile! She felt a fence was necessary in order to protect the area. Mrs. Mutzl quoted certain figures on REGULAR MEETING MAY 14 1973 COMMITTEE OF THE WHOLE MEETING (CONTINUED) the city and county tax rates for the last two years. She mentioned that the County Council had helped to bring the rate down, and the South Bend rate had gone up 14 cents. She felt credit shou be given where credit was due, and she mentioned that, even with revenue sharing funds, the city rate had increased 14 cents. Councilman Miller commented on the purchase of land for Rum Village Park and indicated that the ci has money available in the C.C.I.F. for land acquisition and there are possibilities through the B.O.R. funds from matching funds. He felt there might be some money available when the matching funds are received back. He questioned why the Council had not received the Park Department pro - posed budget for 1974 when Mrs. Mutzl had received a copy. Mr. Seitz indicated that he did not know how Mrs. Mutzl had gotten a copy, and he mentioned that even his assistant did not have one, and it had to be approved by the Park Board. He indicated that it was an administrative error and he would see that the Council received the budgets shortly. Councilman Kopczynski indicated that the way he understood the situation, all the people were not interested in the zoo. Likewise, not all the people were interested in the nature center. He felt there were various interest groups in South Bend that wanted money for these special projects. He mentioned the remark made regarding the motorcycles, and indicated that this was their form of recreation. He felt there was a question on how far the city should go in providing recreation activities to certain groups. He questioned why only some parts were considered. Mr. Seitz indicated that there was only a certain amount of money available and the process had to be accomplished step by step. He did mention that motorcycles should not be allowed in the parks, and he agreed that perhaps this form of recreation should be provided. Councilman Kopczynski proposed that a drag strip be constructed in order to provide a place for the motorcyclelists to ride. Councilman Serge asked Mr. Seitz to describe the proposed building in the nature center, and Mr. Seitz indicated that it would be approximately 5,000 square feet and would have a meeting room, exhibition room, educational center, etc. Councilman Serge asked if the building would be a research center. Mr. Seitz indicated that it would be expanded into a research center. He felt it was very important that the present genera- tion be aware of the ecology and environment. Councilman Parent indicated that he liked the present proposal of the Park Department for revenue sharing funds better than the first proposal that was presented to the Council. He asked how many people would be using the nature center, including school children. Mr. Seitz indicated that he did not have an estimate on that figure, and Councilman Taylor indicated that he thought that between 2,000 and 3,000 school children would be using Rum Village. Council President Nemeth questioned who would be paying the on -going costs. He asked about a projection of the costs. Mr. Seitz indicated that once the zoo was brought up.to standard, admission could be charged and the cost could be reduced by providing better facilities. Council President Nemeth asked about the upkeep. Mr. Seitz indicated that it would include a fence around the area, and he estimated around $25,000 to $30,000 a year and $3,000 for electric current. He indicated that there were things proposed in this year's budget that could be deleted next year and cut down on the total cost. Councilman Kopczynski indicated that the nature center would serve as education for the school children, and he asked why the schools couldn't share some of the responsibility. Mr. Seitz indicated that perhaps there had been too much emphasis placed on the word "educational" as far as the nature center was concerned. Councilman Kopczynski asked about other activities taking place in the building. Mr. Seitz indicated that there might even be a place for an archery class because the building would have multi -uses. Councilman Szymkowiak made a motion that the ordinance go to the Council as favorable, seconded by Councilman Parent. The motion carried. ORDINANCE AN ORDINANCE CREATING A NEW ACCOUNT FAl -370 "OTHER SUPPLIES" WITHIN THE FEDERAL ASSISTANCE GRANT PROGRAM FAl "MOTOR VEHICLE HIGHWAY ", AND TRANSFERRING $10,000.00 FROM ACCOUNT FA1 -440 "SALT", BOTH ACCOUNTS BEING WITHIN THE FEDERAL ASSISTANCE PROGRAM FA1 "MOTOR VEHICLE HIGHWAY" OF THE FEDERAL ASSISTANCE GRANT FUND OF THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Donald Decker, Street Commissioner, made the presentation for the ordinance. He explained that the new account was being established to keep consumed comodities in their proper line account, and that in the past, supplies have been expended from other major accounts when they have been expended from the supplies category. He indicated that the transfer of $10,000 would represent a minimum requirement for necessary supplies for the remainder of 1973 and would not be needed in the salt account because of the mild winter experienced this year. Council President Nemeth asked if the $10,000 would be sufficient for the rest of the year, and Mr. Decker expressed hope that it would be. Councilman Kopczynski made a motion that the ordinance go to the Council as favorable, seconded by Councilman Taylor. The motion carried. ORDINANCE 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. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Kenneth Fedder, Attorney for the Economic Development Commission, made the presentation for the ordinance. He explained that the firm would be moving into the Airport Industrial Park - Phase III. He indicated that Automatic Molded was an existing concern in the community and would construct a new building with new equipment. He indicated that the tax base and job opportunities would increase. He concluded by,indicating that Mr. Warren McGill was present to answer any questions the Council or citizens might have. Council man Kopczynski indicated that he hoped the corporation was financially sound. He thought there ha been a couple firms in the past that had received the bonds and it has not turned out to be very favorable. Mr. McGill indicated that the corporation was "financially sound and he indicated that an institution in the city was willing to purchase the bonds knowing they will not be picked up by REGULAR MEETING MAY 14, 1973 COMMITTEE OF THE WHOLE MEETING (CONTINUED) the city. He indicated that the basic amount of bonds were going into buildings and equipment and that could put into focus how many tax dollars the community would return. He indicated that the employment had doubled and the corporation had been successful in hiring minorities. Councilman Kopczynski asked Mr. Fedder if he had been representing the commission since the start of the bond! and if all the bonds had been successful. Mr. Fedder indicated that he did not know of any firm that had been issued the bonds that had proven unsuccessful. He indicated that two or three were being held in abeyance only because the final documents had not yet been drafted. Councilman Szymkowiak made a motion that the ordinance go to the Council as favorable, seconded by Councilman Taylor. The motion carried. (Councilman Parent abstained.) ORDINANCE 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. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given the opportunity to be heard. Mr. Kenneth Fedder, Attorney for the Economic Development Commission, made the presentation for the ordinance. He explained that the construc- tion would be in the Airport Industrial Park - Phase II and would be consistent with the Comprehensive Plan for Community Development. He also indicated that it would be the construction of a new facility from existing facilities with an employment increase and additional tax base. He indicated that Mr. Kevin Butler was present to answer any further questions. Councilman Szymkowiak made a motion that the ordinance go to the Council as favorable, seconded by Councilman Parent. The motion carried. 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 the opportunity to be heard. Council President Nemeth made a motion that the ordinance be referred to the Council Committee on Public Works, seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $500,000.00 FROM THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS CIVIC CENTER EXPENSES. (AS AMENDED) This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given the opportunity to be heard. Council President Nemeth indicated that there had been some question on whether or not the ordinance previously passed by the Council had been originally advertised setting forth the line items. He indicated that the ordinance had come back to the Council just in case the State Board of Tax Commissioners refused to approve the appropria- tion; however, he indicated that the approval had been received so the second public hearing was not necessary. Council President Nemeth made a motion that the ordinance not be considered in view of the fact that the ordinance had previously been approved by the State Board of Tax Commissioners, seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $5,000.00 FROM THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS LEGAL PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF LAW. (AS AMENDED) This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given the opportunity to be heard. Council President Nemeth explained that this ordinance again was being considered because of the same problem encountered in the advertising of the line items. He indicated, however, that - approval had not been received from the State Board of Tax Commissioners. Councilman Horvath made a motion that the ordinance be continued to the June 11, 1973, regular Council meeting, seconded by Councilman Taylor. The motion carried. There being no further business to come before the Committee of the Whole, Councilman Taylor made a motion to rise and report to the Council, seconded by Councilman Horvath. The motion carried. ATTEST: CITY CLERK 11REGULAR MEETING - RECONVENED Be it remembered that the reconvened in the Council nine members present. regular meeting of the Common Council of the City of South Bend, Indiana, Chambers at 8:30 p.m., Council President Peter J. Nemeth presiding and 11REPORT FROM THE COMMITTEE ON MINUTES Your committee have inspected correct. They, on the inspection and supervision of the minutes would respectfully report that the minutes of the April 23, 1973, regular meeting of the Council and found them therefore, recommend that the same be approved. s/ Peter J. Nemeth s/ Terry S. Miller REGULAR NEETING MAY 14, 1973 REGULAR MEETING - RECONVENED (CONTINUED) Councilman Taylor made a motion that the report be accepted as read and placed on file and the minutes be approved, seconded by Councilman Kopczynski. The motion carried. REPORT FROM COMMITTEE OF THE WHOLE Councilman Parent made a motion to waive the reading of the report of the Committee of the Whole, seconded by Councilman Taylor. The motion carried by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). REPORT FROM COMMITTEE ON PARKS AND RECREATION To the Common Council of the City of South Bend: Your Committee on Parks and Recreation to whom was referred an Ordinance con- firming a certain resolution adopted by the Board of Park Commissioners for the City of South Bend, Indiana, prohibiting the use of alcoholic beverages within the property of the City of South Bend under the jurisdiction of the Board of Park Commissioners, respect- fully report that they have examined the matter and that in their opinion the Ordinance, which was submitted on August 2, 1972, and had first reading on August 14, 1972, should be stricken from the files. A new ordinance will be drafted and submitted to the Council for passage in the near future. s/ Walter Szymkowiak Chairman Council President Nemeth asked when the new proposed ordinance would be ready to be submitted to the Council for consideration. Councilman Szymkowiak indicated that it was hoped the ordinance could be submitted for first reading in time for the next regular meeting of the Council. Mr. James Roemer, City Attorney, indicated that he had just received the ordinance and it would be ready for first reading at the next regular meeting. Councilman Kopczynski made a motion that the report be accepted as read and placed on file and the recommendation of the committee be approved, seconded by Councilman Taylor. The motion carried. REPORT FROM COMMITTEE ON PUBLIC WORKS To the Common Council of the City of South Bend: Your Committee on Public Works to whom was referred 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, respectfully report that they have examined the matter and that in their opinion the Ordinance should be stricken from the files. Your committee further reports that they concur with the recommendation of the Board of Public Works to eliminate parking on North Layfayette Boulevard and recommends that the same be accom- plished. s/ Frank Horvath Chairman Councilman Taylor made a motion that the report be accepted as read and placed on file and the recommendation of the committee be approved, seconded by Councilman Szymkowiak. The motion carried. REPORT FROM DIRECTOR OF DEPARTMENT OF HUMAN RESOURCES AND ECONOMIC DEVELOPMENT Dr. John Kromkowski, Director of the Department of Human Resources and Economic Development, made his quarterly report to the Council. Dr. Kromkowski briefly outlined the activities his depart- ment had been involved in during the last quarter. He spoke on community development, consisting of the proposed rehabilitation on apartment structures; the workable program for community improvement being certified; establishment of a linkage with public social activities in the community; recertification of MACOG on sewer and water applications; the pricing and sale of the Merry Avenue Project; Model Cities being refunded even though a number of the programs have not moved into their second year of funding and have been in the consideration stage for four years; Orange Street being developed; the 701 Planning Grant being funded again; and affirmative action programs being set up for businesses. He indicated that greater minority interest is needed in the construction industry. He indicated that his department has been in touch with the Ethnic Center and has been working on studies for neighborhood stabilization and development. He also indicated that, in most cases, the urban renewal programs have been failures and downtown renewals have been "flops "; however, he indicated that the City of South Bend's renewal program is working because of a commission that took a very difficult stance years ago and because of the governing body and private sector's confidence. On the subject of economic development, he indicated that his department was working with private sector rehabilitation which has to do with housing and the tax situation. The department has enticed a credit manager's convention into the city. The manpower studies are being completed, and as far as land development, bids have been let on Airport Industrial Park - Phase III. Dr. Kromkowski further indicated that the specific and over- all manpower plan for this year has nearly been completed. He indicated that, in wholesale economic development, expansions have increased. He also mentioned that the tours of the city offices have been fairly successful; and the Emergency Employment Act program has been funded for the summer. He indicated that, in the future, the Youth Services Bureau and all activities of the bureau would be turned over to Mr. Patrick Gallagher, the Public Safety Director. He indicated that the intern program had been very successful; however, he felt the city would have to be a bit more selective in getting interns because 35 or 40 interns were too much to handle. Dr. Kromkowsk' expressed his concern about the Model Cities plan. He mentioned that the plan had just gone into the fourth year. He felt the overall good of the city should be talked about and, during the coming quarter, the fruits of government should be measured, along with its reorganization, the Council and a group of efficient government employees. Councilman Kopczynski asked when the 701 Planning Grant had been renewed, and Dr. Kromkowski indicated that it had just been last week. Councilman Kopczynski questioned the grant being renewed without Council approval, and Councilman Taylor indicated that he thought Council approval was required only in the original application any not in the renewal applications. Dr. Kromkowski indicated that there was not city match involved REGULAR MEETING MAY 14, 1973 IIREGULAR MEETING - RECONVENED (CONTINUED) in the grant. Councilman Kopczynski asked if Dr. Kromkowski had meant that the Model Cities pro- gram had been a failure, and Dr. Kromkowski definitely answered that it had not been a failure; however, there had been many problems encountered. Council President Nemeth thanked Dr. Kromkowskj for his presentation. 11PETITION TO AMEND ZONING ORDINANCE (4134 LINCOLNWAY WEST) I(We), the undersigned, do hereby respectfully make application and petition the Common Council of the City of South Bend to amend the Zoning Ordinance of the City of South Bend as hereinafter requested, and in support of this application, the following facts are shown: 1. The property sought to be rezoned is located at 4134 Lincolnway West, South Bend, Indiana. 2. The property is owned by Eugene J. McGarvey, Jr. and Keith E. Vial. 3. A legal description of the property is as follows: Part of the Southeast Quarter (1/4) of the Southwest Quarter (1/4) of Section Thirty -three (33), Township Thirty -eight (38) North, Range Two (2) East, described as beginning at a point Five Hundred Ninety -seven and Three Tenths (597.3) feet West of the Southeast corner of the Southwest Quarter of Section Thirty -three (33), Township and Range aforesaid, thence West Four Hundred Seventy -two and Two Tenths (472.2) feet, thence North Five Hundred Twenty -nine and Nine Tenths (529.9) feet to the South line of Lincoln Way West or U.S. Highway 20, said line being the South line of a One Hundred (100) foot right - of -way; thence South Sixty -eight (68) degrees, Thirty (30) minutes East along said South line a distance of Three Hundred Seventeen and Fifty -three Hundredths (317.53) feet; thence South a distance of One Hundred Fifty (150) feet; thence Southeasterly parallel to the South line of Lincoln Way West, a distance of One Hundred Ninety -three and Seventeen Hundredths (193.17) feet; thence South One Hundred Eighty -four and Six Tenths (184.6) feet to the place of beginning, excepting therefrom a strip of land Forty (40) feet wide, North and South, taken off the entire length of the South side for right -of -way purposes, said strip of land being the North Half (1/2) of Edison Road, in St. Joseph County, Indiana. Consisting of 3.64 acres. Petitioners seek to rezone all of the above described property except 120 feet in depth on the angle off of the North end of the tract adjacent to and along Lincoln Way West. 120 feet in depth off the North end of the tract is zoned C- Commercial, and the balance of the property is presently zoned B- Residential. 4. It is desired and requested that the foregoing property be rezoned from B- Residential Use and A Height and Area District to C- Commercial Use and E Height and Area District. 5. It is proposed that the property will be put to the following use and the following building(s) will be constructed (include number of dwelling units if residential) : A Ponderosa Steak House Restaurant and off street parking. 6. Number of off street parking spaces to be provided: Approximately 116 7. Attached is a copy of (a) an existing plot plan showing my property and other surrounding properties; (b) names and addresses of all the individuals, firms or corporations owning property within 300 feet of the property sought to be rezoned; (c) site development plan. Petition Prepared by: Eugene J. McGarvey, Jr. s/ Eugene J. McGarvey, Jr. 215 West Superior Street Kokomo, Indiana s/ Keith E. Vial 4404 Rosewood Drive Kokomo, Indiana Council President Nemeth indicated that the Council would pass over the petition because the ordinance would be coming up for first reading, at which time the petition and ordinance would be referred to the Area Plan Commission. ORDINANCES, SECOND READING ORDINANCE NO. 5518 -73 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 REGULAR MEETING MAY 14, 1973 REGULAR MEETING - RECONVENED (CONTINUED) ORDINANCE NO. 5518 -73 (CONTINUED) 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. 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 nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE NO. 5519 -73 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. This ordinance had second reading. Councilman Szymkowiak made seconded by Councilman Parent. The ordinance passed by a roll Serge, Szymkowiak, Parent, Taylor, Kopczynski, Horvath, Newburn Miller) . ORDINANCE NO. 5520 -73 a motion that the ordinance pass, call vote of eight ayes (Councilmen and Nemeth) and one nay (Councilmai AN ORDINANCE TRANSFERRING THE SUM OF $45,000.00 BETWEEN VARIOUS ACCOUNTS IN THE FEDERAL ASSIS- TANCE PROGRAM FA -10, "BUREAU OF SOLID WASTE ", ALL ACCOUNTS BEING WITHIN THE BUREAU OF SOLID WASTE, CITY OF SOUTH BEND, INDIANA. 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. 5521 -73 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. This ordinance had second reading. Councilman Serge made a motion that the ordinance pass, seconded by Councilman Szymkowiak. During the vote on the ordinance, Councilman Kopczynski indicated that he would vote that the nature center building be constructed and used for recreat purposes; however, if it was to be used for school purposes, that part should be paid for by the School Corporation. Council President Nemeth ruled Councilman Kopczynski out of order. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE NO. 5522 -73 AN ORDINANCE CREATING A NEW ACCOUNT FAl -370 "OTHER SUPPLIES" WITHIN THE FEDERAL ASSIS- TANCE GRANT PROGRAM FAl "MOTOR VEHICLE HIGHWAY ", AND TRANSFERRING $10,000.00 FROM ACCOUNT FA1 -440 "SALT ", BOTH ACCOUNTS BEING WITHIN THE FEDERAL ASSISTANCE PROGRAM FA1 "MOTOR VEHICLE HIGHWAY" OF THE FEDERAL ASSISTANCE GRANT FUND OF THE CITY OF SOUTH BEND, INDIANA. This ordinance had second reading. Councilman Horvath made a motion that the ordinance pass, seconded by Councilman Szymkowiak. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE NO. 5523 -73 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. This ordinance had second reading. Councilman Newburn made a motion that the ordinance pass, seconded by Councilman Horvath. The ordinance passed by a roll call vote of eight ayes (Councilmei Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Newburn and Nemeth) and one abstention (Councilman Parent) . ORDINANCE NO. 5524 -73 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. This ordinance had second reading. Councilman Szymkowiak 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). REGULAR MEETING MAY 14 1973 IIREGULAR MEETING - RECONVENED (CONTINUED) II nRnTNAMrR. 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. IThis ordinance had second reading. Councilman Newburn made a motion that the ordinance be refer to the Council Committee on Public Works, seconded by Councilman Taylor. The motion carried. IIORDINANCE AN ORDINANCE APPROPRIATING $500,000.00 FROM THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS CIVIC CENTER EXPENSES. (AS AMENDED) This ordinance had second reading. Councilman Taylor made a motion that the ordinance be stricken from the agenda, seconded by Councilman Newburn. The motion carried. II nPnTMAMrR. AN ORDINANCE APPROPRIATING $5,000.00 FROM THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS LEGAL PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF LAW. (AS AMENDED) This ordinance had second reading. Councilman Newburn made a motion that tinued to the June 11, 1973, regular meeting of the Council at 7:00 p.m., Taylor. The motion carried. IIRESOLUTIONS IIRESOLUTION A RESOLUTION SUPPORTING REGIONAL PUBLIC HEARINGS REGARDING THE PROPOSED RATE INCREASE BY INDIANA BELL TELEPHONE COMPANY. the ordinance be con - seconded by Councilman I ICouncilman Newburn made a motion that the resolution be stricken from the files, seconded by Councilman Horvath. The motion carried. 11ORDINANCES, FIRST READING II nPnTMAWrV AN ORDINANCE PROVIDING FOR THE RECEIVING AND CONVEYING OF A GIFT OF REAL PROPERTY TO THE CIVIL CITY OF SOUTH BEND, INDIANA. This ordinance had first reading. Councilman Newburn made a motion that the ordinance be set for public hearing and second reading on May 29, 1973, at 7:00 p.m., seconded by Councilman Parent. The motion carried. II nPnTMAMrR. AN ORDINANCE FOR THE TRANSFER OF FUNDS WITHIN THE FIRE DEPARTMENT BUDGET IN THE AMOUNT OF $5,880.00 FROM ACCOUNT Q -11, "SERVICES PERSONAL ", TO ACCOUNT Q -262, "MEDICAL ", IN THE AMOUNT OF $2,500.00 AND TO ACCOUNT Q -726, "OTHER EQUIPMENT ", IN THE AMOUNT OF $3,380.00, ALL ACCOUNTS BEING WITHIN THE GENERAL FUND. This ordinance had first reading. Councilman Parent made a motion that the ordinance be set for public hearing and second reading on May 29, 1973, at 7:00 p.m., seconded by Councilman Newburn. The motion carried. II nPnTMAMrR. AN ORDINANCE TO APPROPRIATE $64,800.00 FROM THE LOCAL ROAD AND STREET FUND AND $7,200.00 FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND FOR PROJECT R & S 53 (REVISED) - SAMPLE STREET FROM OLIVE STREET TO CHAPIN STREET. This ordinance had first reading. Councilman Taylor made a motion that the ordinance be set for public hearing and second reading on May 29, 1973, at 7:00 p.m., seconded by Councilman Horvath. The motion carried. IIORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO. 4990 -68, CHAPTER 40, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, FORMERLY REFERRED TO AS ZONING ORDINANCE NO. 3702, AS AMENDED (4134 LINCOLNWAY WEST). lThis ordinance had first reading. Councilman Taylor made a motion that the petition and ordinance be referred to the Area Plan Commission, seconded by Councilman Kopczynski. The motion carried. II nPnTVAWrR AN ORDINANCE APPROPRIATING THE SUM OF $460,000.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND (NORTHEAST AREA STORM SEWERS - MCKINLEY TERRACE AREA). This ordinance had first reading. Councilman Parent made a motion that the ordinance be set for public hearing and second reading on May 29, 1973, at 7:00 p.m., seconded by Councilman Horvath. The motion carried. REGULAR MEETING MAY 14 19 REGULAR MEETING - RECONVENED (CONTINUED) ORDINANCE AN ORDINANCE TO APPROPRIATE $108,000.00 FROM THE LOCAL ROAD AND STREET FUND AND $12,000.00 FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND FOR PROJECT R & S 63 — WIDENING OF BENDIX DRIVE FROM SOUTH SHORE TRACK TO LATHROP AVENUE, AND INSTALLATION OF CURBS AND GUTTERS. This ordinance had first reading. Councilman Szymkowiak made a motion that the ordinance be set for public hearing and second reading on May 29, 1973, at 7:00 p.m., seconded by Councilman Newburi The motion carried. ORDINANCE AN ORDINANCE TO APPROPRIATE $54,000.00 FROM THE LOCAL ROAD AND STREET FUND AND $6,000.00 FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND FOR PROJECT R & S 60 - ORANGE STREET - COLFAX AVENUE CONNECTOR FROM BENDIX DRIVE TO LaPORTE AVENUE. This ordinance had first reading. Councilman Horvath made a motion that the ordinance be set for public hearing and second reading on May 29, 1973, at 7:00 p.m., seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE TO APPROPRIATE $18,000.00 FROM THE LOCAL ROAD AND STREET FUND AND $2,000.00 FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND FOR PROJECT R & S 61 - MICHIGAN STREET - MAIN STREET CONNECTOR. This ordinance had first reading. Councilman Newburn made a motion that the ordinance be set for public hearing and second reading on May 29, 1973, at 7:00 p.m., seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE TO APPROPRIATE $153,000.00 FROM THE LOCAL ROAD AND STREET FUND AND $17,000.00 FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND FOR PROJECT R & S 62 - COMPLETE RECONSTRUCTION OF MIAMI STREET AND IRELAND ROAD INTERSECTION. This ordinance had first reading. Councilman Newburn made a motion that the ordinance be set for public hearing and second reading on May 29, 1973, at 7:00 p.m., seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE, TRUST INDENTURE, ECONOMIC DEVELOPMENT REVENUE BONDS AND MORTGAGE AND THE FORMS AND TERMS OF THE LEASE AND TRUST INDENTURE AND BONDS AND MORTGAGE AND THE ISSUANCE OF ECONOMIC DEVELOPMENT REVENUE BONDS PERTAINING TO CURTIS L. CROFOOT. This ordinance had first reading. Councilman Horvath made a motion that the ordinance be set for public hearing and second reading on May 29, 1973, at 7:00 p.m., seconded by Councilman Newburn. The motion carried. PRIVILEGE OF THE FLOOR Mrs. Fanny Grunwald, 227 South Frances Street, indicated that the downtown area was being rebuilt, and she felt these places should be accessible to handicapped people. She mentioned that there was nothing being done on that as far as the curbs were concerned, and she thought that ramps were to be made for the handicapped. Councilman Parent indicated that he had looked into the matter. He indicated that, about one year ago, Mr. Swanson had been assured that ramps would be con- structed and this was also to be provided for in receiving federal funds. Councilman Parent made a motion that the City Clerk be directed to write a letter to Mr. Charles Lennon, Executive Director of the Redevelopment Department, as to the status of the provisions for the physically handicapped, seconded by Councilman Horvath. The motion carried. Mrs. Fanny Grunwald, 227 South Frances Street, also brought up the problem of the city paving and improving the streets and then the utility companies coming along and tearing up the streets. She wondered why the utility companies couldn't get together with the city in an effort to avoid tearing up portions of the streets after they have been paved. Council President Nemeth indicated that Mrs. Grunwald had a good point, and he suggested that the City Clerk be directed to send a letter to the Director of the Department of Public Works to see what coordinating method was used, if any, to advise utility companies of the street pavement policy. Councilman Miller indicated that this matter had been brought up and discussed before. Councilman Szymkowiak indicated that plans should be made in advance as to what the utility companies and the city would be doing during the year. Mr. James Roemer, City Attorney, suggested that a letter be addressed to the Board of Public Works to discuss the matter at an open hearing and report back. Councilman Parent made a motion to accept Mr. Roemer's suggestion, seconded by Councilman Taylor. The motion carriec Mrs. Frederick Mutzl, President of the St. Joseph County Fair Tax Association, indicated that she was disappointed that the Council had passed favorably on the appropriation for the nature center in Rum Village Park. She felt that the city tax rate was going up because of these things and people were moving out of the city where the tax rate was not so high. Council President Nemeth disagreed with Mrs. Mutzl. Mrs. Mutzl indicated that that was his privilege but she felt she was speaking the truth. She appreciated the job the Council had in front of them; however, she wished that the Council would have had the courage to let the schools carry on with the nature center. Councilman Horvath indicated that the Council does have a very difficult job and cannot please all the people all the time. He indicated that every time action is taken by the Council, some people are not satisfied. He indicated that he did not play softball so why should there be softball diamonds. He indicated that he did not swim so why should there be swimming pools. He indicated REGULAR MEETING MAY 14, 1973 REGULAR MEETING - RECONVENED (CONTINUED) that certain things wanted by some people were not necessarily wanted by other people. He felt th Council was doing a good job in trying to build for the future for the present generation and hope fully would satisfy the majority of the people. Mrs. Mutzl indicated that the Council was giving heritage of debts to the future generations. She mentioned that the revenue sharing money was, in a sense, borrowed money from the federal government. Councilman Horvath indicated that the city a taxpayers pay the federal government and with the revenue sharing funds, some of the money is coming back to the city. He concluded that the Council had appropriated money so that there would be a visible sign that something was being done. He indicated that the Council could not satisfy everyone. Councilman Parent indicated that there are people that can afford to move outside the city where homes are more expensive than in the city and the services offered are not as great. He felt the Council had stood up to its responsibility by approving the appropriation. Council President Nemeth indicated that a public hearing had been held on this matter and it had been con - cluded and action taken, and he indicated that there would be no further discussion on the nature center and the Council's favorable action. Councilman Szymkowiak indicated that he wanted to make a statement regarding the confusion in the trash pick -up program. He hoped the press could help improve the situation by clarifying it in the local paper. UNFINISHED BUSINESS Councilman Serge requested that the City Clerk write a letter to the Wastewater Department about picking up and dumping the trash from the cans with care. He indicated that the men were damaging the trash cans and the citizens were complaining about it. He concluded by adding that the trash cans were too expensive to replace every week because the trashmen were damaging them. NEW BUSINESS Councilman Kopczynski made a motion that the Council Committee on Public Works investigate the progress of street lighting in the neighborhoods, along with a time table and financial data supporting the budget, seconded by Councilman Miller. The motion carried. Councilman Kopczynski indicated that he would seek the support of the motorcycle clubs and hot rod drivers, as he felt perhaps they are using the city streets for recreational purposes and are beinc ignored. There being no further business to come before the Council, unfinished or new, Councilman Taylor made a motion that the meeting be adjourned, seconded by Councilman Kopczynski. The motion carr and the meeting adjourned at 9:25 p.m. ATTEST: CITY CLERK ... . ..}. ..F.F.F..} ..{....f..{.. ....}..i.. i.........t...t..'..'. ..}..{..i..+.....i.. i... t.,. ..'.... I., ++�""�•�•�`;_'TT^T�'TY'r,'.f".. ...F..'.. ..+..{....I..}. ...F..i. ..F. ..{. .. .