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HomeMy WebLinkAbout01-28-74 Council Meeting Minutes................ F+ ............................ #r#`'F } - i'+-f" i'+-F'- F.' i'++- h. i-.++ i-- f'..-hi-+-hi-i-i'.i--i- + +i ... REGULAR MEETING JANUARY 28, 197 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, January 28, 1974, at 7:06 p.m., Council Peter J. Nemeth pre- siding. 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 Taylor made a motion to resolve into the Committee of the Whole, seconded by Councilman Horvath. The motion carried. COMMITTEE OF THE WHOLE MEETING Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on Monday, January 28, 1974, at 7:07 p.m., with nine members present. Chairman Odell Newburn presided. ORDINANCE AN ORDINANCE CONFIRMING THE CONTRACT BETWEEN THE CITY OF SOUTH BEND, INDIANA, THROUGH ITS BOARD OF WASTEWATER COMMISSIONERS AND H. DeWULF MECHANICAL CONTRACTORS, INC. IN THE AMOUNT OF $161,706.00 FOR THE CONSTRUCTION OF A SOLUBLE OIL DISPOSAL FACILITY. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Michael Vance, Fiscal Officer, Bureau of Wastewater, made the presentation for the ordinance. He stated that the project has been studied and researched for almost two years and the problem of oil exists in industry in the South Bend area. The sewer use ordinance bans the discharge of oil waste into the sewers and this has placed the solving of the removal problem with industry. The project would involve a dumping site at the Wastewater Treatment Plant, storage facilities for oil waste and a high temperature incinerator system equipped with air pollution control equipment. Mr. Vance indicated that this was an effort to help industry and make South Bend more attractive to future industry. He stated that bids were taken for the project and De Wulf had been the low qualified bidder. Miss Virginia Guthrie, Executive Secretary of project would be paid for. Mr. Vance answered Improvement Fund and he would be coming back t utilization of the facility. Miss Guthrie ask and Mr. Vance stated that there might be some payers would be paying for this cost on the se they would; however, a rate would be set for i if there was a great demand for this type of f the Chamber of Commerce had worked extensively mentioned some of the industries who would uti Appleton, South Bend Lathe, O'Brien Paint, Mas ject would be self- supporting within eight to the facility would be self - supporting before t 25,000 gallons of soluble oil must be taken ca Serge wondered if the facility would entice of Vance felt certain that it would because it wo faced with. the Civic Planning Association, wondered how the that this would be taken from the Sewage Works o the Council to set a rate for industry for its ed if the $161,000 figure would be the total cost, incidental costs. Miss Guthrie wondered if the tax wage rates, and Mr. Vance indicated that, initially, ndustry in the near future. Councilman Horvath asked acility in South Bend, and Mr. Vance indicated that ion the project and a survey had been conducted. He lize the facility: Uniroyal, Torrington, Roach - tic and Dodge. Councilman Horvath asked if the pro - ten years, and Mr. Vance indicated that it was hoped hat. He indicated that every week, approximately re of and the facility was greatly needed. Councilma her industries to come into the community, and Mr. uld eliminate one of the problems that industry is Councilman Parent made a motion that the ordinance go to the Council as favorable, seconded by Councilman Serge. The motion carried. REGULAR MEETING JANUARY 28, 1974 COMMITTEE OF THE WHOLE MEETING (CONTINUED) ORDINANCE AN ORDINANCE APPROPRIATING THE SUM OF $67,031.67 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND TO THE GENERAL IMPROVEMENT FUND AND TO THE CUMULATIVE CAPITAL IMPROVEMENT 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. David Wells, Manager of the Bureau of Design and Administration, made the presentation for the ordinance. He indicated that the ordinance was the result of the completion of the Kensington Farms sewer project and the amount reflected the city's share of the construction costs. He indicated that the Board of Public Works approved the project on December 18, 1972. He stated that engineering, under the Barrett Law, is paid out of the Cumulative Capital Improvement fund. This is used for local match on a great deal of roadwork The engineering should have been paid out of the Cumulative Sewer Building and Sinking Fund. Therefore, the city was attempting to reimburse the Cumulative Capital Improvement Fund in the amount of $8,800, with the amount of $58,231.67 going into the General Improvement Fund to help pay the contractor. He stated that the total cost was substantially below the original estimate. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, wondered if the fund now would be re- appropriated for other purposes. Mr. Michael Vance, Fiscal Officer, Bureau of Wastewater, indicated that Barrett Law payments usually come out of the improvement funds. He stated that the grand total was $134,000 and $67,000 of that was appropriated or charged against the residents. The remaining amount was to be paid by the city. Councilman Szymkowiak made a motion that the ordinance go to the Council as favorable, seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $14,297.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS LAW ENFORCEMENT PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF LAW. 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 Roemer, City Attorney, made the presen tation for the ordinance. He indicated that the legal intern program was a continuation of the program which was appropriated for in 1973 by the Council. He felt the program had worked very well and was quite successful. He briefly explained the program, indicating that he has employed three legal interns working - approximately 75 hours a week and a part -time secretary working 20 hou a week. He indicated that the interns are only paid for the hours they actually work, and no vacation or sick leave is given to the four individuals. He stated that last year he had requeste $5,000; however, the intern program had not started until the middle of 1973. He also stated that he wanted to raise the hourly rate from $2.50 to $3.00 in order to be competitive with other inter programs within the city. He concluded by stating that the interns did much of the administration type work and research and relieved his work load a great deal. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, questioned the increase in the hourly rate. She wondered if the secretary also was receiving an increase. She felt that, if the interns were given an increase, the secretary should also be treated the same. Mr. Roemer admitted that he did not know what the part -time secretary was earning and that Mr. Johr Walsh had made that decision and set the salary as set forth in the classification of the city employees. He indicated that his part -time secretary was satisfied with her wages. Mr. Maurice Cohen, 725 East Eckman, wondered why the ordinance appropriating $14,297 and the following ordinanc for $5,991.27 would not have been incorporated together. Mr. Roemer indicated that the next item on the agenda concerned the position of Deputy City Attorney and the two programs were entirely different. Council President Nemeth wondered if the interns received credit as far as schooling was concerned. Mr. Roemer indicated that the interns do not. Council President Nemeth asked about the number of interns working, and Mr. Roemer answered that he had three law student interns and two government interns who are not paid. Council President Nemeth asked if the program had not originally been started as a summer -type program, and Mr. Roemer indicated that it was not; however it had been initiated during the summer months of 1973. Council President Nemeth wondered if the department was under - budgeted, and Mr. Roemer indicated that it was not. He stated that there was a great deal of administrative work that probably should not be given to the deputies because of the vast amount of work already being given them. He stated that this type of work could be handled by the interns. Council President Nemeth indicated that he had some reservations about using revenue sharing funds for the program. He indicated that the amount was being practically tripled this year. Mr. Roemer indicated that this was a decision that the Council would have to make; however, he pointed out that the work load and number of lawsuits have been increased greatly. Councilman Kopczynski wondered why Mr. Roemer had indicated that the Council had initiated the program, and Mr. Roemer indicated that he had said the Council had approved the appropriation for the program. Councilman Kopczynski wondered about the tax rate if the revenue sharing appropriations were someday taken from the taxpayers. Councilman Szymkowiak also wondered what would happen if the revenue sharing funds were not available, and Mr. Roemer indicated that the work would not get done without the help of the interns. He stated that, if that was the case he would be forced to come before the Council with a request to increase his staff. He indicated that perhaps in a few years, this intern program would not be feasible. Councilman Parent stated that the Council is also faced with a great work load, and he was of the opinion that the work loac in the Legal Department had increased. He expressed concern about the use of revenue sharing fund! for the program. He suggested that the city start thinking about the re- vamping within the Law Department for full -time attorneys. Councilman Serge asked about the number of deputies on the staff, and Mr. Roemer indicated that there was a total of seven attorneys in the department on the payroll. Councilman Miller wondered why the appropriation was not listed in the printout sheets. Mr. Walter Lantz, Deputy City Controller, indicated that there was an amount of $5,000 listed but it could be another title. Councilman Miller indicated that he had found the listing and that $43 was spent over the $5,000 appropriation. Council President Nemeth made a motion that the ordinance go to the Council without a recommenda- tion at this time, pending the report to be given by the City Attorney in the Council portion of the meeting, seconded by Councilman Horvath. The motion carried. REGULAR MEETING JANUARY 28, 1974 COMMITTEE OF THE WHOLE MEETING (CONTINUED) ORDINANCE AN ORDINANCE APPROPRIATING $5,991.27 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS LAW ENFORCEMENT PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF LAW. 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 Roemer, City Attorney, introduced Mr. Robert Urban, Police Chief, who made the presentation for the ordinance. Mr. Urban indicated that the position of Deputy Attorney for matters of criminal and civil law was vacant at the present ti because of a loss suffered in 1973 through a Criminal Justice Grant. He felt an attorney was need to advise the officers on improper and illegal arrests in order to protect South Bend from being liable in many arrest cases. Mr. Roemer indicated that the grant last year had paid $15,000 for a full -time deputy attorney. He indicated that, from the city's point of view, the proper advice should be given to the police officer in order that the city would not be held liable. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, asked if this positi was in addition to the present staff, and Mr. Roemer indicated that it was. He also indicated tha last year, was the first time that the city had available one attorney designated to the legal counsel regarding criminal law. He felt it was needed. He suggested that it might be possible fo the individual hired to spend one or two hours a week with the officers discussing these problems. He felt some legal background is needed by the officers. Miss Guthrie wondered about the problems caused because of the lack of the deputy. Mr. Maurice Cohen, 725 East Eckman, felt the program wa a good one because the police officers could acquaint themselves with the problems they are faced with. Councilman Taylor also felt the program was needed. He was concerned about the prevention aspects of the program. He wondered if a good program could be set up with a part -time attorney. Mr. Roemer felt that a part -time attorney could not handle the problem. Council President Nemeth asked if any types of brochures or pamphlets were used at the present time to advise the police officers, and Mr. Roemer indicated that, on a yearly basis, a booklet is issued and has been order for the officers. The booklet was a small book which could be kept in the officer's pocket. Coun President Nemeth wondered if that would not be more beneficial to the officer than the attorney. Mr. Roemer felt the attorney was needed. Council President Nemeth asked if Mr. Roemer felt that that area was more under the jurisdiction of the Prosecuting Attorney's Office. Mr. Roemer indica that the Prosecuting Attorney's Office had elected not to continue their program. Councilman Serg wondered about the figure used, and Mr. Roemer indicated that the figure was the same that was pai to other deputy attorneys. Councilman Newburn indicated that a great deal of money was spent on educating the police officers. He wondered why an on -going program was not used for the officers in order to train them on the changing laws. Chief Urban stated that the city does have an in- service program; however, a legal representative was needed to advise the officers on the changing laws. He stated that the city did not have the legal school at this time. Councilman Parent felt the request was reasonable. He was hopeful that, in 1975, this could be put into the regular city budget. Councilman Parent made a motion that the ordinance go to the Council'as favorable, seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $13,116.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC SAFETY PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC SAFETY. 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, Deputy City Controller, made the presentation for the ordinance. He explained that a person who was qualified to fill the position had decided not to accept the job; however, Mr. Larry Low, Director of the Computer Center, had indicated that he had a qualified individual that could fill the position at the Police Computer Center. Mr. Lantz requested that the Council make the following amendments to the ordinance: Amend Account 110.0, Services Personal, to Account 262.0, Services Contractual, and amend the amount of $12,000 to $13,116, with the total Services Contractual and total FA40 to be $13,116. He indicated that the amount for Current Obligations should be reduced to zero. Councilman Taylor made a motion to so amend the ordinance, seconded by Councilman Parent. The motion carried. Council President Nemeth then made a motion that the amended ordinance be continu to the February 11, 1974, regular meeting of the Council, seconded by Councilman Szymkowiak. The motion carried. ORDINANCE AN ORDINANCE.APPROPRIATING $116,490.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC SAFETY PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC SAFETY. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Robert Urban, Police Chief, made the presen- tation for the ordinance. He indicated that the overtime foot patrol program had been a great success in 1973 as a preventive and deterrent measure. He indicated that the program had started out during three evenings in a week. It was then expanded to five evenings with approximately 20 men each night. Most of the patrols were on foot, although some have been motorized. He referred to a memo regarding the 1973 crime statistics which had been furnished to the Council members. He felt that the overtime foot patrol was needed in order to help prevent crime. He again referred t the crime statistics and indicated that, in October, November and December, the crime rate was reduced to 40. He referred to a report submitted by Chief Foy concerning the high crime census tract area. Captain Edward Friend, head of the foot patrol, explained the program. He stated tha during the times that the foot patrol was working, there was practically no crime.in December and the first two weeks in January. He indicated that the officers only responded to Part I calls and 1 0 REGULAR MEETING JANUARY 28, 1974 COMMITTEE OF THE WHOLE MEETING (CONTINUED) traffic enforcement was ordered. He stated that foot traffic was checked out and pressure placed on the prostitutes and pimps. He felt that, within five weeks' time, the location of South Michig Street had greatly benefited from the foot patrol. He stated that, during the holidays, there were no armed robberies, disorderly drunks, etc. when the patrol was working. The same men worked 12 -16 hours a day and several new street officers were used. He felt that, by the men working a few hours, then off a few hours, and coming back on the foot patrol the same day, the preventive aspect had been a success. He stated that the officers have been looking forward to coming to work and doing their job. Tactical forces had been successful in the heroin area and street units were provided. He talked about an incident at Notre Dame during a recent basketball game where the police had helped and the assistance given after the United Warehouse fire in Roseland. Capta Friend felt that the best community program was a "zero crime rate ". He was hopeful that the pro- gram could be utilized seven nights a week. He felt time was needed to get the program going and it would keep improving the crime rate. Chief Urban spoke on the arrests the overtime foot patrol had been involved in. He indicated that the program had taken place over a seven -month period. He stated that he had received a letter from the Council requesting certain information, and he would have that information for them in the very near future. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, wondered why the rep( had not been made available to the public previously. Chief Urban indicated that the Council had only requested the information a couple weeks ago. Miss Guthrie stated that the Mayor had indicat( that this information was available. She again asked why the information had not been made available at that time. Mrs. Lee Swan, 2022 Swygart, asked if the foot patrol was, at present, in operation, and Chief Urban indicated that it was not. He explained that, at the end of the year, the balances of revenue sharing funds reverted back to the revenue sharing trust account. The reason for the balance at the end of the year was that, when the program was initially started there had been a waiting period because approval was required from the State Board of Accounts. Al present, there were no funds available for the program. Mr. Walter Lantz, Deputy City Controller, indicated that Chief Urban was correct and that the new ordinance was being submitted for 1974 to carry on the program. He stated that the balance at the end of 1973 would not have carried the department through 1974. Mrs. Swan wondered if the balance would be available in 1974. Mr. Lantz stated that all the money reverted back and it must all be re- appropriated again. He stated that a portion of the proposed ordinance represented the balance at the end of the year. Mrs. Swan wondered about the advantage of motorizing the foot patrol in the winter months. Chief Urban indicated that, in inclement weather, the men were put in cars. He stated that the men stayed in a certain census tract where there was a high crime rate. Mrs. Swan wondered if the amount was the same, and Chief Urban indicated that 50a of the men walked and 50o were motorized. Mrs. Swan asked if there was a possibility of an increase in the squad cars because the foot patrol had utilized the cars. Mrs. Frederick Mutzl, President of the St. Joseph County Fair Tax Association, wondered about the amount that reverted back into the revenue sharing trust fund at the end of the year. It was indicated that $65,282 was spent and $27,218 reverted back. Mrs. Mutzl stated that complaints had been received that the foot patrol had utilized cars. She wondered if foot patrols could be afforded out of the regular city budget. Chief Urban indicated that the only foot patrol taken out of the budget was the patrol in the downtown area which consisted of six females during the hours of 10:00 a.m. to 6:00 p.m., with the males taking over from 6:OO p.m. to 6:00 a.m. Chie: Urban stated that there are approximately two teams walking at all times. Mr. Conrad Damian, 718 Broadway, asked if the foot patrol was functioning on the Southeast side. Captain Friend stated that the officers are dispatched and work in two or four man teams. He cited an instance in the Southeast area where every call was responded to in teams of eight men and these eight men were al: on foot and not in cars. Mr. Damian felt the Southeast side should be able to see the value of th( foot patrol. He indicated that a person involved in the program had stated that the men did not volunteer for duty in the Southeast side because they were afraid. Mr. James Russell, 1517 Fremont asked about the foot patrol in the Washington Street area. He wondered about the arrests made in 1973. Chief Urban indicated that there were 12 major arrests. Mr. Russell wondered if the prograr was effective. He talked about the policemen, indicating that, in uniform, the patrols were spotted many blocks away. He felt that communication with the public was the problem. He felt th( city was not concerned about the crime situation. Councilman Newburn stated that the city was concerned about the problem. He wondered what suggestions Mr. Russell had-to improve the crime situation. Mr. Russell felt that a man should be able to communicate with the public. He also stated that he felt the drug program was a failure. Councilman Parent indicated that the Public Safety Committee had met and considered the revenue sharing ordinances. He indicated that the committee recommended that the ordinances for the Public Safety Department be. passed. He mentionec that additional information had been requested by the committee and the information was obtained. He stated that the committee recommended approval of the ordinances because there seems to have been some kind of influence on the crime rate because of the foot patrol. He indicated that it wa: felt the program should be continued because it was still in the new stages being only six months old. He also stated that, every hour that an officer works overtime, the cost results are much less than an hour of time in a regular 40 -hour work week. Councilman Kopczynski referred to the Model Cities area and the foot patrol, indicating that the Southeast area was not mentioned in the report submitted to the Council. He cited another instance when his place of business had been broken into, indicating that it happened three times in eight months. At one time, he apprehended the juveniles himself. He wondered about this, and Councilman Newburn indicated that the matter at hand was the revenue sharing ordinance for the foot patrol. Councilman Miller indicated that $34,192.50 was turned back into the revenue sharing account.at the end of the year, according to the printout he had. Mr. Lantz stated that the printout Councilman Miller had was not an updated copy. Councilman Miller wondered about the figures on the salaries. He indicated that he under- stood that the program was to be continued temporarily. He wondered why this could not have been used out of the regular city budget. Chief Urban indicated that the department must operate according to the budget and line items. During the first three weeks of 1974, the program had beer run out of another account. Then it had been decided to discontinue the program until the revenue sharing funds were available and approved. Councilman Miller talked about the apprehensions under the program and wondered if they were taken to prosecution. Chief Urban indicated that all person: were prosecuted. Councilman Miller asked if the City of South Bend was providing police protection to Notre Dame, and Chief Urban indicated that the city provided coverage for the Northeast side of the city. Councilman Serge indicated that the Council was very concerned about the crime problem. He felt the problem had to do with the courts and judges, and the Police Department was being hampered by this. Council President Nemeth expressed concern-about making decisions and not receiving pertinent facts. He wondered about surveys made for various areas of the foot patrols and the effects on the crime situation. Chief Urban indicated that this was quite extensive. He stated that, when crime is moved from one area, the officers advance to another area. He referred REGULAR MEETING JANUARY 28, 1974 1ICOMMITTEE OF THE WHOLE MEETING (CONTINUED) to the statistics contained in the report submitted to the Council. Council President Nemeth wondered about the areas covered by the foot patrol. He referred to the report. He asked about the percentage of the portion used for stakeout rather than foot patrol. Chief Urban indicated that that amount was only about 3 and that the remaining percentage was used for the foot patrol. Council President Nemeth stated that, in the first week of October, certain areas were covered. He asked if, before the foot patrol had started, the crime rate had been greater. Chief Urban indicated that a change in the crime statistics must be considered. Councilman Horvath felt that a true picture would not be realized because the crime rate was continually pushed from one area to another. Chief Urban stated that crime does move into other areas. Councilman Miller stated that the computer center should have the statistical data Council President Nemeth referred to. Mr. Larry Low, Director of the Computer Center, indicated that the statistics were available for the last two years; however, he wished the Council would address their questions to Chief Urban because he worked much more closely with those figures. Councilman Taylor suggested that the program be funded on a six -month basis with the ,idea that the department would continue to docu- ment the program and within six months again make a presentation for additional funds. Councilman Taylor made a motion to decrease the amount of the appropriation by half for a total of $58,245, to be used for a six -month period and the department coming back for another appropriatio request, seconded by Councilman Parent. Council President Nemeth felt that the facts were availab at the present time. He wondered why the results were not being given to the Council members. Councilman Szymkowiak agreed with Council President Nemeth. Chief Urban indicated that the report are for utilization of the police administration. The documents were used for in -house research a were not available for public information. A roll call vote was requested on the motion to amend. The motion carried by a roll call vote of five ayes (Councilmen Serge, Parent, Taylor, Horvath and Newburn) and four nays (Councilmen Szymkowiak, Miller, Kopczynski and Nemeth).. I lCouncilman Taylor then made a motion that the ordinance, as amended, go to the Council as favorabl seconded by Councilman Parent. The motion carried. IIORDINANCE AN ORDINANCE APPROPRIATING $29,000.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC WORKS PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC WORKS. This being the time heretofore set for public hearing on the .above ordinance, proponents and opponents were given an opportunity to be heard. Mr. David Wells, Manager of the Bureau of Design and Administration, made the presentation for the ordinance. He explained that a safety hazard had been discovered at the Municipal Services Facility in the ventilation system. He indicated that there were problems in the paint spray booth because of low temperatures and the steam cleani area because the exhaust system was inadequate. He explained that part of the $29,000 was a carryover from last year's revenue sharing appropriation which was not used. However, because of a duplication of appropriation ordinances, he requested that the Council amend the ordinance and ,reduce the amount to $17,000. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, expressed the hope that the heating and ventilation project would be completed with the amount appropriated. Council President Nemeth made a motion $17,000, seconded by Councilman Taylor. motion that the ordinance, as amended, Taylor. The motion carried. IInRnTNANCR to amend the ordinance by reducing the amount of $29,000 to The motion carried. Councilman Szymkowiak then made a go to the Council as favorable, seconded by Councilman AN ORDINANCE APPROPRIATING $59,602.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC WORKS PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC WORKS. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Rollin Farrand, Director of the Department of Public Works, made the presentation for the ordinance. He indicated that the amount of $59,602 would take care of the costs for 1974 for operation of the Environmental Clean -Up Program, and would include salaries for the Environmental Officer, four full -time hourly employees and operation supplies. He briefly talked about the "paper truck" and the appliance pickup truck. He stated that the appliance truck produces revenue because the people are charged for removal of appliances; however, because of the short existence, it was impossible to determine the amount of revenue to be received. Mr. Farrand felt it would not be fair to transfer these services to the Solid Waste Department. Mr. Paul Bognar, 805 West Washington Street, wondered why a police cadet.had been working on the trash program rather than at the Police Department. Mr. James Barcome, City Controller, indicated that this cadet has not been able to pass all the necessary tests. Until that time, he expressed the desire to remain working with the city. Mr. Bognar felt that the Police Department should utilize its men. Mr. Barcome indicated that the cadet had only been working a short time. Mrs. Frederick Mutzl, President of the St. Joseph County Fair Tax Association, wondered if the trash program was self- supporting. Mr. Farrand indicated that the income from the solid waste was not sufficient to-fund the environmental clean -up program. Councilman Miller felt the funding was justifiable for the clean -up program. He indicated that this was an extension of the weed program used during the last year. Mr. Maurice Cohen, 725 East Eckman, wondered if the salary amount for the environmental officer included Mr. Hill and McDonald. He asked about where the salary was coming from for Mr. Hill. Mr. Farrand stated that Mr. Hill was included in the budget for the Public Safety Department. He was also hopeful that the program in question would be taken from the regular city budget in 1975 rather than from revenue sharing funds. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, asked about the training Officer McDonald had as an environmental officer. Mr. Gene Evans, a member of the staff of the Civic Planning Association, wondered if, when the cadet passed the test, the department would lose him to the 1 REGULAR MEETING JANUARY 28x 1974 COMMITTEE OF THE WHOLE MEETING (CONTINUED) Police Department. Mr. Farrand stated that that was a possibility that must be faced. Mr. Evans stated that there was an officer in the Department of Public Safety. He wondered about another officer in the Department of Public Works. Mr. Farrand felt that the two officers were needed in their respective departments. Mrs. Glenda Hernandez, 702 East South Street, asked about the trash and paper pickup. Councilman Szymkowiak indicated that, when the program was started, it was stated that a charge could be made to the persons that requested pickup of any appliances. He hoped that this could be done in order to create some revenue into the fund. He felt the city was going against the original ordinance by not charging. Mr. Farrand stated that that service was being given and the ordinance was being followed. He indicated that originally, personnel was not budgeted for the program. He stated that now the personnel was needed. Councilman Parent felt that Mr. Farrand and Councilman Szymkowiak were both correct in their statements. Councilman Mill did not feel that the downtown pickup was a full day's job. He wondered if the same men could be used for weed control on the equipment. Mr. Farrand indicated that the men were being used now fo environmental clean -up which was a service that was billed. Councilman Newburn wondered about the supply account and the OSHA account. Mr. Farrand explained that various supplies were needed and that safety equipment and clothing were necessary in the OSHA account. Councilman Serge talked about certain lots in his district where appliances were left standing. He wondered who he should contact to take care of the problem. Mr. Farrand suggested that the Mayor's Action Line be con- tacted and the request would be turned over to the department for appropriate action. Councilman Miller felt the amount in the supply account was quite large. He also wondered about the gas account. Mr. Lantz stated that the amount for gasoline amounted to a 13% increase. He stated that the bills for January were 67% higher than in 1973. Mr. Farrand indicated that about $60,000 would be expended for gasoline in 1974. Councilman Parent made a motion that the ordinance go to the Council as favorable, seconded by Councilman Serge. The motion carried. There being no further business to come before the Committee of the Whole, Council President Ne made a motion to rise and report to the Council and recess, seconded by Councilman Taylor. The motion carried, and the Council recessed at 9:47 p.m. ATTEST: CITY- CLERK REGULAR MEETING - RECONVENED ATTES Be it remembered that the regular meeting of the Common Council of the City of South Bend, Indiana, reconvened in the Council Chambers at 10:19 p.m., Council President Nemeth presiding and nine members present. REPORT FROM THE COMMITTEE ON MINUTES To the Common Council of the City of South Bend: Your committee on the inspection and supervision of the minutes, would respect- fully report that they have inspected the minutes of the January 14, 1974, regular meeting of the Council and found them correct. They, therefore, recommend that the same be approved. s/ Peter J. Nemeth ICouncilman Newburn made a motion that the report be accepted as read and placed on file and the minutes be approved, seconded by Councilman Taylor. The motion carried. REPORT FROM THE COMMITTEE OF THE WHOLE Councilman Taylor made a motion to waive the reading of the report of the Committee of the Whole, seconded by Councilman Newburn. The motion carried by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). REPORT FROM THE COMMITTEE ON ORDINANCES Your Committee on Ordinances to whom was referred: 4 A request of the Park Avenue Neighborhood Association to consider the possibility of rezoning an area along Portage Avenue to "C -1" Commercial respectfully report that they have examined the matter and that in their opinion the request should be referred to the Area Plan Commission for further consideration. s/ Peter J. Nemeth Chairman Councilman Taylor made a motion to accept the report and refer the request of the Park Avenue Neighborhood Association to the Area Plan Commission, seconded by Councilman Newburn. The motion carried. REPORTS FROM AREA PLAN COMMISSION The Honorable Common Council City of South Bend County -City Building South Bend, Indiana 46601 January 16, 1974 In Re: A petition of Associates Bancorp, Inc. to amend a previously approved site plan and for variance to permit subdivision of a lot other than abutting on a public street, property located on the north side of Ireland Road REGULAR MEETING JANUARY 28, 1974 IIREGULAR MEETING RECONVENED (CONTINUED) immediately north of the Associates Family Financial Center facility located at 219 East Ireland and accessible by the driveway used by said Associates Family Financial Center, City of South Bend. Gentlemen: The attached rezoning petition of Associates Bancorp, Inc. was legally advertised January 5, 1974, and January 12, 1974. The Area Plan Commission gave it a public hearing January 15, 1974, at which time, the following action was taken: "A motion was made by Ted Sharp to favorably recommend the amended petition of Associates Bancorp, Inc. for "C -2" zoning, subject to final site develop- ment plan and a satisfactory resolution concerning access easements to the property to the east. Mr. Sharp's motion was seconded by Robert Lehman and carried with David Kelley voting "No ". The amended petition of Associates Bancorp, Inc. to zone from "C" to "C -2" property located at 219 East Ireland is favorably recommended to the Common Council by the Area Plan Commission, subject to a final site development plan and satisfactory resolution concerning access easements." The above recommendation is made subject to a final site plan and the preliminary site plan is attached hereto. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in minutes of that public hearing and will be forwarded to you at a later date to be made a part of this report. cc: Associates Bancorp, Inc. Jack C. Dunfee, Jr. Very truly yours, s/ Richard S. Johnson Executive Director I land Councilman Taylor made a motion to set the ordinance referred to in the report for public hearing second reading on February 11, 1974, seconded by Councilman Newburn. The motion carried. The Honorable Common Council City of South Bend County -City Building South Bend, Indiana 46601 January lb, 1974 In Re: A proposed ordinance and site development plan of J. Frank Hartwig and James P. Locker to zone from "A" Residential, "A" Height and Area, to "C -2" Planned Shopping Center, "C" Height and Area, property located on the south side of Ireland Road east of St. Joseph Street, west of Fellows Street, City of South Bend Gentlemen: The attached rezoning petition of J. Frank Hartwig and James P. Locker was legally advertised January 5, 1974, and January 12, 1974. The Area Plan Commission gave it a public hearing January 15, 1974, at which time the following action was taken: "A motion was made by Roger Parent to unfavorably recommend the petition of J. Frank Hartwig and James P. Locker, not in objection to the proposed commercial development with frontage on Ireland north of the K -Mart property line, but rather in objection to the extension of such commercial development south along what we consider to be the K -Mart east property line. Mr. Parent's motion was then seconded by Ted Sharp and carried with 7 voting "Yes" for the motion, 3 voting "No" and Elmer Mitchell and J. Frank Miles abstaining. For these reasons the petition of J. Frank Hartwig and James P. Locker to zone from "A" Residential, "A" Height and Area to "C -2" Planned Shopping Center, "C" Height and Area, is unfavorably recommended to the Common Council by the Area Plan Commission." The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of that public hearing and will be for- warded to you at a later date to be made a part of this report. cc: J. Frank Hartwig James P. Locker Jack C. Dunfee, Jr. Very truly yours, s/ Richard S. Johnson Executive Director I lCouncilman Taylor made a motion to set the ordinance referred to in the report for public hearing and second reading on February 11, 1974, seconded by Councilman. Parent. The motion carried. REGULAR MEETING JANUARY 28, 1974 REGULAR MEETING - RECONVENED (CONTINUED) The Honorable Common Council January 16, 1974 City of South Bend County -City Building South Bend, Indiana 46601 In Re: A proposed ordinance and site development plan of Bert and John Marroni to zone from "B" Residential, "B" Height and Area, to "D" Light Industrial, "D" Height and Area, property located at 2530 Kenwood, City of South Bend Gentlemen: The attached rezoning petition of Bert.and John Marroni was legally advertised on January 5, 1974, and January 12, 1974. The Area Plan Commission gave it a public hearing January 15, 1974, at which time the following action was taken: "Upon a motion made by Robert Lehman, seconded by Elmer Mitchell and carried, the petition of Bert and John Marroni to zone from "B" Residential, "B" Height and Area, to "D" Light Industrial, "D" Height and Area, is returned to the Common Council with a favorable recommen- dation, subject to a final site plan, by the Area Plan Commission." The above recommendation is made subject to a final site plan and the preliminary site plan is attached hereto. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of that public hearing and will be for- warded to you at a later date to be made a part of this report. Very truly yours, s/ Richard S. Johnson cc: Bert and John Marroni Executive Director Thomas J. Roemer Councilman Taylor made a motion to set the ordinance referred to in the report for public hearing and second reading on February 11, 1974, seconded by Councilman Parent. The motion carried. * * * * * * * * * * * The Honorable Common Council City of South Bend County -City Building South Bend, Indiana 46601 January 23, 1974 In Re: An ordinance initiated by the Area Plan Commission amending and supplementing Chapter 21 of the City Code of South Bend, Indiana, 1971, also known as Ordinance No. 4990 -68, as amended, generally known as the Zoning Ordinance of the City of South Bend, Indiana, as amended, by adding provisions relative to signs and outdoor advertising. Gentlemen: The attached proposed Sign Ordinance was legally advertised January 5, 1974, and January 12, 1974. The Area Plan Commission gave it a public hearing January 15, 1974, at which time the following action was taken: "Upon a motion by Russell Rothermel being seconded by Joseph Bajdek and carried with Rollin Farrand voting "No" and Roger Parent abstaining, the proposed ordinance initiated by the Area Plan Commission amending and supplementing Zoning Ordinance No. 4990 -68, as amended, by adding provisions relative to signs and outdoor advertising, is favorably recommended to the Common Council, by the Area Plan Commission." The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of that public hearing and will be for- warded to you at a later date to be made a part of this report. Very truly yours, s/ Richard S. Johnson Executive Director Councilman Taylor made a motion to set the ordinance referred to in the report for public hearing and second reading on February 11, 1974, seconded by Councilman Parent. The motion carried. REPORT FROM THE DIRECTOR OF THE DEPARTMENT OF LAW Mr. James Roemer, City Attorney, made his quarterly report to the Council. He talked about a typical half day as city attorney. He used today, January 28th, as an example. He attended the Board of Public Works meeting at which time three legal questions were raised. He indicated that he was only talking about the problems he was involved in during the half day and not the deputy attorneys. He indicated that, as a member of the Board of Public Works, many matters must be researched. He also had a problem with the preparation of a release form from a general contracto He rendered an opinion on the payment of $7,500 on a financial consulting contract. He briefly talked about the other problems and situations that occurred during the day. Discussions were had on certain police liability cases wherein a civil suit will undoubtedly be filed. Other matters included the Civic Center, vacation of alleys, procedure of recording annexations, city insurance on a contract with the Police Department and Indiana University at South Bend, revenue bond REGULAR MEETING JANUARY 28, 1974 II REGULAR MEETING - RECONVENED (CONTINUED) contracts, special police commission, supreme court cases relative to tions, zoning ordinance violations and tort claims against the city. Council appropriate the funds necessary in order to stay on top of the President Nemeth thanked Mr. Roemer for his presentation. IIORDINANCES, SECOND READING 11ORDINANCE NO. 5628 -74 municipal law, trash viola - Mr. Roemer requested that t legal situation. Council AN ORDINANCE CONFIRMING THE CONTRACT BETWEEN THE CITY OF SOUTH BEND, INDIANA, THROUGH ITS BOARD OF WASTEWATER COMMISSIONERS AND H. DeWULF MECHANICAL CONTRACTORS, INC. IN THE AMOUNT OF $161,706.00 FOR THE CONSTRUCTION OF A SOLUBLE OIL DISPOSAL FACILITY. This ordinance had second reading. Councilman Newburn made a motion that the ordinance seconded by Councilman Horvath. The ordinance passed by a roll call vote of nine-ayes Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). IIORDINANCE NO. 5629 -74 AN ORDINANCE APPROPRIATING THE SUM OF $67,031.67 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND TO THE GENERAL IMPROVEMENT FUND AND TO THE CUMULATIVE CAPITAL IMPROVEMENT FUND. This ordinance had second reading. Councilman Taylor made a motion seconded by Councilman Szymkowiak. The ordinance passed by a roll (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, 1IORDINANCE NO. 5630 -74 pass, (Councilmen that the ordinance pass, call vote of nine ayes Horvath, Newburn and Nemeth). AN ORDINANCE APPROPRIATING $14,297.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS LAW ENFORCEMENT PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF LAW. This ordinance had second reading. Council President Nemeth hoped that revenue sharing funds wou not have to be used in 1975 for the legal intern program. Councilman Taylor made a motion that t 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 Neme IIORDINANCE NO. 5631 -74 AN ORDINANCE APPROPRIATING $5,991.27 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS LAW ENFORCEMENT PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF LAW. 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). II ORDTNANCR AN ORDINANCE APPROPRIATING $13,116.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC SAFETY PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC SAFETY. This ordinance had second reading. Councilman Parent made a motion to amend the ordinance as follows: Account 110.0, Services Personal, to read "Account 262.0, Services Contractual" and amen the total amount of $12,000 to $13,116, with the total Services Contractual and total FA40 to be $13,116. Councilman Horvath seconded the motion to amend. The motion carried. Councilman Taylor then made a motion that the amended ordinance be continued to the February 11, 1974, meeting for public hearing and second reading, seconded by Councilman Horvath. The motion carried. 11ORDINANCE NO. 5632 -74 AN ORDINANCE APPROPRIATING $116,490.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC SAFETY PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC SAFETY. This ordinance had second reading. Councilman Taylor made a motion to amend the ordinance as follows: Reduce all figures by half and insert the words "for a period not to exceed six months ", seconded by Councilman Horvath. Councilman Miller indicated that, despite the concern, a good presentation had been made by Captain Friend on the status of the foot patrol. Councilman Szymkowiak indicated that he had hoped an appropriation could be accomplished every four months, but he would agree to the six -month period. The motion to amend carried. Councilman Parent then made a motion that the ordinance pass, as amended, seconded by Councilman Taylor. The ordinance passed by a roll call vote of eight ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Horvath, Newburn and Nemeth).and one nay (Councilman Kopczynski }. 11ORDINANCE NO. 5633 -74 AN ORDINANCE APPROPRIATING $29,000.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC WORKS PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC WORKS. REGULAR MEETING JANUARY 28X 1274 REGULAR MEETING - RECONVENED (CONTINUED) This ordinance had second reading. Councilman Taylor made a motion to amend the ordinance by reducing the amount of $29,000 to $17,000, seconded by Councilman Horvath. The motion carried. Councilman Newburn then made a motion that the ordinance pass, as amended, 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. 5634 -74 AN ORDINANCE APPROPRIATING $59,602.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC WORKS PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC WORKS. This ordinance had second reading. Councilman Horvath made a motion that the ordinance pass, seconded by Councilman Serge. The ordinance passed by a roll call vote of seven ayes (Councilmen Serge, Miller, Parent, Taylor, Horvath, Newburn and Nemeth) and two nays (Councilmen Szymkowiak and Kopczynski): RESOLUTIONS (RESOLUTION A RESOLUTION FINDING AND ADJUDGING THAT THE FINANCING OF FACILITIES FOR ST. JOSEPH DEVELOPMENT CO. INC., BY THE ISSUANCE BY THE CITY OF SOUTH BEND, INDIANA, OF ITS ECONOMIC DEVELOPMENT REVENUE BONDS PERTAINING TO SUCH FACILITIES FOR SUCH ENTITY WILL BE OF BENEFIT TO THE HEALTH OR WELFARE OF THIS MUNICIPALITY, AND APPROVING THE FINANCING THEREFOR. Councilman Parent made a motion to continue the resolution to the February 11, 1974, regular (meeting, seconded by Councilman Miller. The motion carried. RESOLUTION NO. 408 -74 A RESOLUTION TO ENDORSE THE THRUST AND CONCEPT OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S EXPERIMENTAL PROGRAM ENTITLED, "THE HOUSING ALLOWANCE PROGRAM ", AND ITS WISH TO PARTICIPATE IN THE PROGRAM. The Department of Housing and Urban Development, in an attempt to provide adequate housing through an Experimental Housing Allowance Program, is considering South Bend, Indiana, and St. Joseph County as a target area, and WHEREAS, approximately 9,000 to 10,000 families -- especially older adults - -would benefit from such an Experimental Housing Allowance Program, and. WHEREAS, the number of substandard units would be greatly reduced, and WHEREAS, this Experimental Program would be in effect for ten (10) years, and WHEREAS, no local monies are required for this Experimental Program, and WHEREAS, it potentially could produce approximately Sixty Million Dollars ($60,000,000) for better housing for St. Joseph County and South Bend, and WHEREAS, the South Bend City Council wishes to allow the citizens of South Bend to participate in this Experimental Program, and NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend,, Indiana, that: SECTION 1. The Common Council of the City of South Bend endorses the thrust and concept of the Experimental Housing Allowance Program and the thrust and concept of the attached Memorandum of Understanding prepared by the Department of Housing and Urban Development. SECTION 2. This Resolution shall be in full force and effect from and after its passage by the Common Council and its approval by the Mayor. S/ Roger 0. Parent Member of the Common Council MEMORANDUM OF UNDERSTANDING between THE CIVIL CITY OF SOUTH BEND, INDIANA and THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT The U.S. Department of Housing and Urban Development (hereinafter called "HUD "), an agency of the United States Government, as a part of its Experimental Housing'Allowance Program, wishes to undertake a housing allowance experiment (hereinafter called the "Experiment ") within a number of metropolitan areas of the United States. In these experiments, families will receive direct housing allowance payments to assist them in the rental, maintenance of ownership, or purchase of suitable housing. These experiments are designed to test this direct form of housing assistance for possible enactment as a full -scale national program. REGULAR MEETING JANUARY 28, 1974 IIREGULAR MEETING - RECONVENED (CONTINUED) To accomplish this objective, HUD wishes to replicate a full -scale national program of housing allowances in the St. Joseph County metropolitan area. This "Supply Experiment" is designed to obtain important information about the effects of housing allowances upon the housing market and to answer such questions as: How and to what extent does the increased purchasing power of housing allowance recipients get translated into increased rents or house sales prices -- by increases in real housing services to the occupant, or, by largely inflationary rent and house sales price rises? When large number of eligible families participate in the program, do they tend to move out of their neighborhoods and, if so, where do they move? Do minority groups seek more dispersed residential locations when broader choices are available to them through housing allowances? How are these housing choices shaped by bankers, realtors,. and others in the residential housing business? What is the impact on families not receiving housing allowances? All groups involved -- landlords, allowance recipients, non - recipients, and others -- will be periodically interviewed to obtain reliable measures of changes in housing quality, prices and other market responses. This information will then be systematically analyzed and evaluated. The City of South Bend (hereinafter called the "City "), in the interest of seeing that housing allowance payments are provided to a number of its residents in need of such assistance and of assisting in an experiment of national importance, fully supports HUD's experimental effort and wishes to cooperate with HUD in undertaking the Experiment within the St. Joseph County metropolitan area. THEREFORE, HUD and the CITY have prepared this Memorandum of Understanding to evidence their understanding, as hereinafter set forth: ARTICLE 1 - HUD 1. HUD agrees to undertake an experiment within the St. Joseph County metropolitan area. HUD will carry out the Experiment (hereinafter called "Experiment ") through a contract with the Rand Corporation (hereinafter called "Rand "), and its sub - contractors and such other organization(s) as Rand may establish as provided below. In so carrying out the Experiment, HUD, through Rand and such other organization(s) will: A. Provide housing allowances to approximately 9,000 to 10,000 households satisfying the income, family size and other program criteria for eligibility; and B. Analyze the results of the Experiment through a sizeable number of survey interviews and other data collection activities. As a part of this work, Rand will survey a sample of residential structures within the metropolitan area and interview the owners and tenants of such structures, at the beginning of the Experiment and annually thereafter. 2. The Experiment is planned to be administered as follows: A. Rental and Homeownership Payments: These payments are planned to be administered through a Housing Allowance Office which.Rand shall establish as a separate non - profit corporation(hereinafter called the "Housing Allowance Office "). It is planned that the Housing Allowance Office will enroll eligible households, administer payments, provide recipients with housing information, carry on administrative, fiscal and other activities associated with the Experiment and shall direct and be responsible for the effectiveness of these activities. The Housing Allowance. Office will be a joint undertaking with the locality as follows: 1. Its Board of Trustees or other policy- making body will include local membership. 2. It is intended that the control of and responsibility for the functions of the Housing Allowance Office will be transferred to the local housing authority(ies) or other appropriate local agency(ies) not later than the termination of the experimental period. B. Home Purchase Allowance Payments: Assistance to recipients in acquiring homeownership (hereinafter called "home purchase assistance ") is expected to be furnished pursuant to some combination of existing HUD assistance programs and will be administered through existing HUD program channels. HUD anticipates that the Housing Allowance Office will assist HUD in the administration of home purchase assistance. C. Survey, Data Collection, Analysis: The Rand Corporation, and its sub- contractors, will have sole responsibility for the survey work, data collection and analysis for the Experiment. 3. HUD will keep interested public officials, community leaders, and groups of the metropolitan area informed of the progress and findings of the Experiment. 4. HUD will designate representatives in its Regional and Area Offices to cooperate with the City in the successful conduct and completion of the Experiment. 5. The Experiment is planned to be set up as follows: A. Eligibility. The eligibility of a household for housing allowance payments will be determined by its income, size, and composition. All households residing in the.area which are eligible and enroll will receive a housing allowance payment provided they reside in standard housing as provided below in Part 3 -D of this Article I. MEETING - RECONVENED (CONTINUED) B. Housing Information: Recipients will be given information about the Experiment and related housing matters. C. Tenure: An eligible household may use its allowance for rental or homeownership payments. Assistance to recipients in rental units and recipients already residing in units which they already own (hereinafter called "homeownership assistance ") is expected to be furnished pursuant to Section 23 of the United States Housing Act of 1937, as amended. Assistance to recipients in acquiring homeownership is expected to be furnished pursuant to some combination of existing HUD assistance programs. D. Standard Housing: To receive housing allowance payments a household must reside in a standard house, apartment, or mobile home defined by HUD for purposes of the Experiment. E. Payments: Monthly allowance payments for rents and continuing homeownership will be made directly to eligible recipients. Allowance payments for home purchase will be made as required by the HUD program employed. F. Experimental Period: HUD expects to collect data from the Experiment for a period of at least five years (hereinafter called the "experimental period "). G. Period of Assistance: HUD will furnish assistance to eligible recipients for the following periods of time: 1. Rental and Homeownership Assistance: For a period of ten (10) years years from the opening of enrollment. 2. Home Purchase Assistance: For at least ten (10) years from the opening of enrollment. H. Change of Residence or Type of Tenure: During the experimental period recipients generally will be able to move within the St. Joseph County metropolitan area and to change their type of tenure among the rental, homeownership, and home purchase options any time during the first five years following the beginning of enrollment in the Experiment Program, provided such recipients remain eligible and satisfy program procedures. After the experimental period, HUD will continue to make available Section 23 funding in order to continue rental and homeownership assistance. Families then eligible under that program shall be.governed by the terms and conditions of Section 23 subject to such procedures as may be agreed to by HUD. ARTICLE II -- THE CITY In consideration of the foregoing, the City agrees to assist and cooperate with HUD, Rand, and other contractors in carrying the Experiment to a successful conclusion, to the extent that the expense to the City of such assistance is reimbursed by HUD, as follows: 1. Because the St. Joseph County metropolitan area will be one experimental site in a multiple site experiment, and because it is necessary in order to obtain statistically valid comparisons of results among sites that the methods and procedures be uniform from site to site, and in recognition of the need to establish, maintain and preserve the validity of the Experiment, the City agrees to assist HUD, Rand, and other organizations designated by HUD in establishing, maintaining and preserving the integrity of the Experiment; accordingly, the City further agrees that HUD, either directly or indirectly through Rand, its subcontractors, or the Housing Allowance Office shall have the right, after consultation with the City, to make final decisions with regard to the establishment, conduct and termination of the Experiment. 2. The City and the local Housing Authority, or other comparable agency, if any (hereinafter called "Authority "), will make available to HUD, Rand, and its subcontractors demographis, housing stock and other data pertinent to the Experiment and will cooperate with them in collecting data. 3. The City and the Authority will permit or assist in obtaining the issuance of appropriate licenses, permits, waivers, opinions, or other authority required or appropriate for the conduct of the Experiment at local, state and federal levels. 4. The City will, to the extent that it is within its authority, determine that the housing assistance payments to households are not considered income under any present or future City income tax, and the City will exclude these payments from calculations of income in determining payments to recipients under welfare and other social programs which employ an income test as a determinant of eligibility and /or amount of program assistance. 5. The City and the Authority will cooperate with and coordinate their affirmative action program and enforcement of fair housing laws with HUD and other jurisdictions involved so that households receiving allowance will have the full opportunities and protections of such laws. 6. The City and the Authority agree to join with other jurisdictions and authorities in designating or organizing a single entity (if no such entity presently exists) with the authority to receive and administer Section 23 funds and to participate as required in carrying out a program of experimental housing assistance for a period of ten years. If appropriate, in order to carry out this Experiment, the Authority will apply for, enter into, and carry out an Annual Contributions Contract with HUD for the purpose of providing federal funding for rental allowance payments for a period of at least five years to REGULAR MEETING JANUARY 28 1974 1IREGULAR MEETING - RECONVENED (CONTINUED) recipients who are eligible for the experiment and providing equivalent rental assistance for an additional five -year period after completion of the experimental period, and will enter into an agreement with the Housing Allowance Office including such terms and financing arrangements as may be required by HUD to authorize the Housing Allowance Office to carry out its functions as described in Part 2 -A of Article I above. 7. As required by Section 23 of the United States Housing Act of 1937, as amended, the City hereby grants its approval of the use of Section 23 funds within its jurisdiction and further authorizes the Authority or some other body established in accordance with Part 6 above, to enter into an Annual Contributions Contract to receive such funds for purposes of conducting the Experiment. 8. The City shall designate at least one of its officials to act as its representative for purposes,of coordinating the establishment and operation of the Experiment with repre- sentatives from HUD, Rand, its subcontractors and other participating organizations. 9. The City and the Authority will cooperate with HUD and Rand, its subcontractors, the Housing Allowance Office, and such other organizations as HUD may designate, in maintaining the confidentiality of the information obtained in the Experiment with regard to the tenants, landlords, and other persons interviewed and households interviewed or enrolled. 10. The City will cooperate with HUD in obtaining the approval and cooperation of the state government and any other regional or local government authorities or agencies in the metropolitan.area to the extent required for, or appropriate in the conduct of the Experiment and will join in the formation of a single housing assistance entity as described in Paragraph 6 above. 11. The City has made a thorough investigation of State and local requirements for its execution of this memorandum and declares that it has complied with those requirements. To evidence their agreement with the items set forth above, the City and HUD have caused to be executed this Memorandum of Understanding by the duly authorized representatives to be effective as of the last date indicated herein. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Dated By Dated January 28, 1974 By CONCURRENCE: The Housing Authority, in the interest of facilitating participation in the Experiment, fully supports the roles of HUD and the City in that regard and wishes to cooperate in the conduct, monitoring and analysis of the Experiment, and hereby agrees to undertake those duties and obligations ascribed to it in this Memorandum of Understanding. Housing Authority Dated By A public hearing was held on the resolution at this time. Mr. Charles Lennon, Director of the Department of Redevelopment, briefly explained the purpose of the resolution. He indicated that South Bend, Mishawaka and St. Joseph County had been requested to enter into the experimental housing allowance program by HUD. He introduced Mr. Ken Alles from the Department of Housing and Urban Development. Council President Nemeth indicated that there have been several public hearing= held on the matter. He asked if there were any questions from the audience. Mrs. Lee Swan, 2022 Swygart, felt there was a fault with the program. She quoted from the January 17th issue of the South Bend Tribune regarding the housing allowance program. Mr. Lester Fox, 443 South Illinois Executive Director of REAL Services,. felt that the program would be of great help to the elderly citizens. He hoped the Council would act favorably on the resolution. Mrs. Glenda Hernandez, 702 East South, also expressed support of the housing allowance program. Mr. Gerald Hammes, President of the South Bend - Mishawaka Chamber of Commerce, indicated that the Board of Directors had voted to endorse the concept of the program. Mr. Manuel Garcia, representing the Mid -West Council Project, indicated that, if the program came to South Bend, the Spanish people would also benefit from it. Council President Nemeth referred to page 3, paragraph numbered 1. He wondered about this section. Mr. Lennon indicated that the composition of the policy- making body would be left up to the organizational body. He stated that the types of advisory committees would also be left up to this group. Council P- resident Nemeth wondered what group Mr. Lennon was referring to, Mr. Lennon indicated that he was talking about the .advisory membership which was outlined on page E Mr. Alles explained that the group was to constitute key local officials from South Bend, Mishawakz and St. Joseph County who would be kept apprised of the program on a monthly basis and perhaps meet quarterly for a more direct kind of input. Council President Nemeth asked if there was a set method by which local members would be chosen and work on the committee, and Mr. Alles answered that the basic criteria would be the local key officials, more specifically, the mayors, councils and commissioners. He stated that there would be a year of planning and design. A steering committee would be set up. Elected officials would make up the majority of the board and the Rand Corporation would control the board and run the program. Council President Nemeth wondered about the extent of assistance on the part of the city as indicated on page 5. Mr. Alles stated that there was no monetary assistance involved, and Council President Nemeth asked about the costs of REGULAR MEETING JANUARY 28 1974 (REGULAR MEETING - RECONVENED (CONTINUED) hiring people to work on the program. Mr. Alles indicated that the department would anticipate there would be a county housing agency which would act as a local conduit. That agency would then turn the money over to a not - for - profit organization. The money would come off the top of the administrative money. Council President Nemeth suggested that a sentence such as "HUD shall reimburse the city for any expenses incurred" be added to the first paragraph in Article II, on page 5. Mr. Alles indicated that the department would not object to that wording; however, it did not want this to open the door for various sundry types of items. Councilman Parent made a motion to insert the following in the first paragraph of Article II, page 5: "to the extent that the expense to the city of such assistance is reimbursed by HUD ". Councilman Kopczynski seconded the motion. The motion carried. Mr. James Roemer, City Attorney, wondered if, when the resolution was passed, changes could be made if desired. He asked if the provisions of the memo could be changed, and Mr. Alles indicated that the memo was not a contract. He stated that the program could be ended at any time; however, it would be requested that the county consider the matter seriously because it would be a waste of time and the taxpayers' money. There was a question raised by Mr. Gene Evans, a member of the staff of the Civic Planning Association, concerning the wording "thrust and concept" as pertains to the memorandum of understanding. Councilman Miller felt that the matt should not be tied down because the project was to be an experimental project. Councilman Parent made a motion to insert the words "thrust and concept" in Section 1 of the resolution as it per- tained to the memorandum of understanding, seconded by Councilman Horvath. The motion carried. Council President Nemeth wondered about the annual contributions contract section of the memo. Mr. Alles indicated that this was a technical term which would being leasing money into the progra The money would go to the families and for the administration of the program. Council President Nemeth asked if the contributions would be coming from HUD, and Mr. Alles indicated that they woul and that there was no local share involved. Councilman Miller indicated that the project was considerably different than what the Council is usually involved in. He felt philosophy was being talked about as concerned providing grants to the lower income families to solve pressing housing needs. He felt there was great significance in this because it would give money to the people who have the need. He endorsed the project and felt it was one of the best prepared policy statements presented to the Council. He also stated that the Committee on Housing had recommended the project favorably to the Council. Councilman Parent indicated that he also supported the project. Councilman Parent made a motion that the resolution, as amended, be adopted, seconded by Counci Taylor. The resolution passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCES, FIRST READING ORDINANCE AN ORDINANCE APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE AND ECONOMIC DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF PER- TAINING TO ST. JOSEPH DEVELOPMENT CO. INC. This ordinance had first reading. Councilman Newburn made a motion to continue the ordinance to the February 11, 1974, regular meeting, seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $497,000.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR THE CIVIC CENTER AUTHORITY PROJECT, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF COMMUNITY DEVELOPMENT AND DEPARTMENT OF PUBLIC WORKS. This ordinance had first reading. Councilman Newburn made a motion that the ordinance be set for public hearing and second reading on February 11, 1974, seconded by Councilman Serge. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $22,000.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC SAFETY PROGRAMS, TO BE ADMIN- ISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC SAFETY. This ordinance had first reading. Councilman Horvath made a motion that the ordinance be set for public hearing and second reading on February 11, 1974, seconded by Councilman Newburn. The moti carried. ORDINANCE 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 SIGNS AND OUTDOOR ADVERTISING. This ordinance had first reading. Councilman Newburn made a motion that the ordinance be set for public hearing and second reading on February 11, 1974, seconded by Councilman Horvath. The moti carried. PRIVILEGE OF THE FLOOR Mr. Maurice Cohen, 725 East Eckman, indicated that, last November, the Council had passed an ordinance regarding city -owned vehicles and the marking of the cars. He wondered who was enforci the ordinance and when the markings would be made on the vehicles. Council President Nemeth indicated that the Council passed the laws and the executive branch was responsible for enforcing X30 REGULAR MEETING REGULAR MEETING - RECONVENED (CONTINUED) JANUARY 28, 1974 the laws. Mr. James Roemer, City Attorney, indicated that the ordinance would be enforced. He stated that he and Mr. John Walsh discussed the ordering of the decals. He stated that he would give the Council a report on the status of the situation by the next Council meeting. Mr. Cohen wondered about the one -way pattern on Main and Michigan and the fact that Michigan was a state highway. He was concerned about the city maintaining Michigan Street. Mr. David Wells, Manager o the Bureau of Administration and Design, stated that the city entered into an agreement with the State Highway Department to maintain traffic signals on the two highways. He stated that the city is paid for this. Mr. Cohen wondered about the amount given to South Bend on the gas tax, and Mr. Roemer talked about the problem, indicating that the state maintained Michigan Street. He stated that the city doubled the highway coming up with Michigan and Main Streets. Because of that, the city must maintain snow removal and street sweeping. Certain responsibilities were designated to both parties. Council President Nemeth wondered if that contract should have been submitted to th Council for approval. Mr. Wells indicated that the Board of Public Works was the contracting agen for the city. Councilman Kopczynski indicated that revenue sharing money was being used to purcha heavy equipment. He wondered about the Board of Public Works' approval of the contract. Councilm Taylor talked about the problem of snow removal on Main and Michigan Streets. Miss Virginia Guthr Executive Secretary of the Civic Planning Association, talked about the Michigan Street dividing line. She indicated that a contract had been entered into whereby the city would shovel the snow and be reimbursed by the state. Councilman Szymkowiak wondered about St. Joseph Street being put on U.S. 31 North. Mr. Charles Lennon, Director of the Department of Redevelopment, read a press release from Mayor Jerry J. Miller concerning the housing situation, and establishment of a Bureau of Housing. NEW BUSINESS Councilman Parent made a motion to appoint Russell Rothermel and Christyne Woolridge to the Histor Preservation Commission, seconded by Councilman Taylor. The motion carried. Councilman Newburn then made a motion to appoint Thomas J. Brunner, Jr. to the Human Rights Commission, seconded by Councilman Taylor. The motion carried. Councilman Miller talked about a question that was raised regarding the Council's authority to close certain business establishments in the evening hours. Mr. James Roemer, City Attorney, indicated that there might be a discrimination problem and it would involve a constitutional matter. Mr. Gene Evans, a member of the staff of the Civic Planning Association, suggested that a high fee be charged to certain establishments for staying open all night. Councilman Parent thought perhaps there could be a restriction or regulation in the zoning ordinance to take care of the problem. Councilman Serge briefly talked about an all -night theatre which recently opened on South Michigan Street. There being no further business, unfinished or new, to come before the Council, Councilman Parent made a motion to adjourn, seconded by Councilman Newburn. The motion carried and the meeting adjourned at 11:35 p.m. ATTEST: CITY CLERK APP VED: F � ++++++++++++++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + +- ±- +++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++