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HomeMy WebLinkAbout05-28-74 Council Meeting Minutes(REGULAR MEETING MAY 28, 197411 Be it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Tuesday, May 28, 1974, at 7:03 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, Horvath, Newburn and Nemeth. ABSENT: Councilman Kopczynski. Councilman Horvath made a motion to resolve into the Committee of the Whole, seconded by Counci Taylor. The motion carried. COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on Tuesday, May 28, 1974, at 7:04 p.m., with eight members present and one member absent. Chairman Odell Newburn presided. ORDINANCE AN ORDINANCE APPROPRIATING $18,655.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC WORKS PROGRAMS, TO BE ADMIN- ISTERED 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 o Public Works, made the presentation for the ordinance. He indicated that the funds would be used to cover equipment for the summer clean -up program and that the budget presented with the ordinanc did not include any funds for services personal. He stated that the salaries would be handled through the summer youth employment program which was expected to last for a period of 13 weeks. Mr. Farrand stated that the clean -up program would provide two crews in the southwest quadrant of the city, two crews in the southeast quadrant of the city and one crew each in the northeast and northwest quadrants, with one crew equipped to remove heavy debris to be assigned throughout the city. He indicated that the major mowing requirements would be handled by the Bureau of Streets with the tractor - mounted mower recently approved by the Council. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, asked about the difference in this year's program compared to last year's program. Mr. Farrand stated that the main differen was that this year's program was lumped into one area and would be pulled together under an environmental officer. He indicated that the mowing procedure this year was also somewhat different. Mr. Evans stated that, last year, the appropriation had only been $2,500 other than personnel. He wondered about the equipment used last year. Mr. Farrand stated that the vans were not available last year. He stated that the crews had only three trucks that had to be used in various locations. Mr. Evans wondered about the number of vans needed. Mr. Farrand hoped each crew would be able to utilize a van. Mr. Evans felt that more vehicles were being purchased than were needed. He wondered about the two automobiles being requested. Mr. Farrand answered that th two cars would be used for the inspection portion of the program and the environmental officer. Mr. Evans wondered about the purchase of office furniture. He stated that the Civic Planning Association would be willing to loan a manual typewriter if needed, and he suggested that perhaps a desk and chair might be borrowed from the Council. Council President Nemeth asked about the equipment repair account, and Mr. Farrand indicated that this was for repair on the mowers. Counc President Nemeth wondered if this would also include repair of the automobiles, and Mr. Farrand stated that it would cover anything outside the terms of the lease on the cars. Council President Nemeth asked how many people would be employed, and Mr. Farrand stated that there would be seven crews at ten persons each and three people to supplement the environmental protection officer, and one person in the office. Council President Nemeth wondered about the need for film and office supplies. He also wondered about the repair parts account. Mr. Farrand indicated that film would be needed for picture taking and office supplies would be utilized in sending out notices, etc. to the property owners. The repair parts account would cover parts such as spark plugs, etc. Counci President Nemeth wondered why the office equipment was needed. Mr. Farrand stated that reports would have to be typed up and notices mailed. Council President Nemeth asked about the other equi ment account, and Mr. Farrand stated that the crews would require rakes, sickles, mowers, etc. Council President Nemeth wondered about the equipment purchased last year for the program, and Mr. Farrand stated that most of the equipment was not usable this year because of the amount of work done last year. Council President Nemeth made a motion to amend the ordinance as follows: Delete $500.00 in Account 252.0 Delete $2,600.00 in Account 261.0 Delete $950.00 in Account 370.0 Delete $100.00 in Account 430.0 Delete $475.00 in Account 725.0 The motion lost due to lack of a second. Councilman Miller asked about the other supplies account and the other equipment account. Mr. Farrand stated that the crews would be provided with gloves, plastic bags for cleanup, etc. Councilman Miller wondered about the number of mowers to be pur- chased. Mr. Farrand stated that there would be six mowers. Councilman Miller wondered about the number of supervisors, and Mr. Farrand stated that there would be one supervisor for each crew and hopefully two people would work under the environmental protection officer to supervise the overal program. Councilman Miller stated that he had received a number of complaints from persons last year that the supervision was not adequate. He felt that inspection was a key factor and there would have to be sufficient supervision. Councilman Szymkowiak asked if the seven drivers could b the supervisors, and Mr. Farrand stated that the drivers would come from the crews and that it might be possible that the driver of each crew could supervise that crew. Councilman Szymkowiak wondered why the trucks could not be rotated, and Mr. Farrand stated that the vans would be needed to transport the crews and equipment to each site. Councilman Szymkowiak hoped that a good inven- tory check would be made on the equipment at the end of each day and at the completion of the pro - gram. He wondered what happened to all of the equipment that had been purchased last year for the REGULAR MEETING MAY 28, 1974 1ICOMMITTEE OF THE WHOLE MEETING (CONTINUED) program, stating that it would be very simple to take the used equipment for personal use. He ask about the mowers, and Mr. Farrand stated that the mowers were at the Wastewater Plant and were not usable. Councilman Szymkowiak wondered about the warranty on each piece of equipment, and it was stated there Serge stated was no warranty on commercial parts. Councilman Szymkowiak disagreed. Councilman that the job had not been done last year the way it should have been done. He stated were supposed to clean up the riverbanks and that had not been. done. He felt that this was because of the lack of supervision and equipment. He felt the funds needed in order to make the program work effectively. that the crews the reason for requested were I Councilman Parent made a motion that the ordinance go to the Council as favorable, seconded by Councilman Szymkowiak. The motion carried. II ORDINANCE AN ORDINANCE APPROPRIATING $39,173.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS HUMAN RESOURCES PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF HUMAN RESOURCES. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Chairman Newburn asked that any remarks being mad pertain to the issue of funding. Councilman Serge presented to the City Clerk petitions supporting the continuation of the residential treatment center on Bartlett Street and petitions urging the relocation of the institution to a non - residential use. Mr. William Hojnacki, Director of the Department of Human Resources and Economic Development, made the presentation for the ordinance. He stated that the administration was in total support of the Northern Indiana Drug Abuse Services program, and in 1973, the Council approved that program. He indicated that the last year has shown that the crime rate has been lowered, and he felt the progra was effective and should be continued. He introduced Father Robert McGill, Chairman of the St. Joseph County Drug Abuse Council. Father McGill stated that the drug program was cause for civic pride and was the only comprehensive program operating in the state of Indiana. He stated that national recognition has been received for the program, and he mentioned Delos House, Aurora and the Lighthouse Methodone Center. He talked about the number of people being helped by the program, and he stated that the issue was not the location of the residential treatment center but the funding of the program. He urged the Council to approve the funding in order to continue the pro- gram. Dr. Rene Wilett, Executive Director of the Northern Indiana Drug Abuse Services, talked abou the success of the program. He stated that people are living successfully in the community because the Common Council took the stand last year and appropriated funds for the program. He stated that the program began at 527 West Colfax Avenue on the second floor. It started with four people and four drug addicts. He stated that now 380 individuals have been contacted and 222 have received treatment and 105 have intervened. In Delos House, 58 people have been accepted and the effective- ness rate was 51 %. Dr. Wilett hoped the Council would have the courage and fortitude to allow the program to continue. Mr. Dale King, Administrator of the Northern Indiana Drug Abuse Services, als spoke in support of the program and the appropriation. He stated that, in July or August of this year, another ordinance would be brought before.the Council appropriating the necessary funds for the balance of the year. The cost involved to support the residential treatment center (Delos House) was $101,708. Central services was listed at $36,970 and equipment which included a washer and dryer and air conditioning was listed at $4,500. Mr. King stated that 59% (personnel $85,743 -vs- total $143,178) of the cost lies with the staff and staff costs. Last year $90,801 was appro- priated for an eight -month period. On a twelve -month period, the cost would be $136,202. He state that this year it was requested that $143,178 be appropriated which would be a 6% increase. He indicated that the cost of treating a person at the Michigan. State Prison was $9.48 a day; $14.00 a day at the St. Joseph County Jail; and $24.00 a day at Beatty Hospital. Treating an individual at Delos House costed only $9.29 a day. Mr. King then talked about a reduction in the property crime rate from January of this year to April - -a 32% reduction in robberies, burglaries, larceny an auto thefts. He felt that NIDAS had a great deal to do with the reduction in the crime rate. He urged passage of the appropriation ordinance. Mr. Don Fisher, 909 Riverside Drive, spoke against the location of the treatment center in a residential neighborhood. He indicated that approximately 600 of the neighbors in the area were concerned about the safety and well -being of their families. He stated that he protested the irresponsible action of NIDAS to locate a "no security, coed, penal institution" in the neighbor- hood at 228 West Bartlett. He talked about the rules of conduct for staff members: they are "admonished" to avoid sexual activity with clients and to avoid violent acts of provocation; further, that marijuana and other drugs are not to be used on the premises. He talked about a so- called "rap" session, and he indicated that the residents in the area were afraid for their safety. He hoped that Delos House would be removed from the neighborhood, and he stated that Father McGill had indicated that the establishment of the residential treatment center should not upset the residential community. Mr. George Hickner, 835 Park Avenue, indicated that he was the father of 13 children, ranging in ages from 7 to 26. He indicated that he had tremendous respect for the staff and the help they were trying to give people on drugs. He urged that the Council approve the funds in order that persons could rehabilitate themselves. Mrs. Lee Swan, 2022 Swygart, reminded the Council of the dangers inherent to the program. She felt that methodone was an addictive dangerous drug, and this was what was being given to the drug addicts'at the residential treatment center.. She strongly opposed the appropriation of the funds for use of methodone. She wondered how many persons were enrolled in the program on a voluntary basis. She stated that most of the referrals come from the judges and the addicts are given a choice of going to the residential treat- ment center or jail. She quoted from various articles concerning the use of methodone. Dr. Wilett stated that none of the funds were being requested for the methodone. Mrs. Karen Basham, a recent graduate of Delos House, spoke very highly of the work being done for the drug addict. She indicated that, had it not been for the staff at Delos House, she might possibly be on the streets today stealing and selling dope to children. She felt that she owed her life to Delos House. Mr. Robert F. Gonderman, 1126 Irvington, stated that the issue being discussed was a very emotional sub- ject. He hoped that the homicides that had taken place at the Lighthouse would not influence the matter at hand. He stated that the problem was,the location of a residential treatment center in a neighborhood.. He stated that the proper zoning was in existence and the issue was the funding of the program - -not the location. He stated that Delos House was located on a corner in a lovely area however, South Bend's "medical core" was also in the immediate vicinity, which included Memorial Hospital, the Red Cross, doctors' offices and one health care facility after another. He felt Delo REGULAR MEETING MAY 28 1974 TTEE OF THE WHOLE MEETING (CONTINUED) louse was a health care facility and not a penal institution, and it was very needed in the communi .n order to treat dope addiction. Mr. Maurice Cohen, 725 East Eckman Street, stated that the peopl sere not opposing the funding but the location of the treatment center. He stated that if he lived _n the area, he would also object to the location of the house. He wondered what the city would do Then the revenue sharing funds were no longer available. Mr. Joel E. Scholefield, Pastor of the 'irst Unitarian Church, was concerned with the funding aspect of the program and felt that should )e the major issue. He felt that the program was needed in the community, and he hoped the Council oould approve the necessary funding. Mr. Fred Allin, 319 West Navarre, felt the program was a good )rogram and should be continued; however, he felt the center should be relocated to another area. Ir. Dave Mehall could see no reason to fear Delos House. He hoped the money could be appropriated :o continue the program. Miss Monica Doyle, 720 Park Avenue, indicated that the people were not )pposed to the funding of the program but to the center being located in the nice residential ieighborhood. She felt the controversy was "tearing the neighborhood apart ". Ms. Sara Cripe state, :hat she used to live at 326 West Navarre and she was speaking because she felt the program was a food one and the community was going to have to start looking at the problem in order to try and :orrect it. She felt the community might as well face the idea now. Mrs. Betty Stratigos, 527 N. ,afayette Boulevard, spoke on behalf of her husband, Dr. Stratigos. She read a letter written by ier husband which stated that he was opposed to the theory of placing men and women in a drug :reatment center, and the location of the facility in a residential neighborhood. Mr. Curtis Allen !720 Hilltop Drive, felt that the people opposed to the program were not aware of the therapy .nvolved. He felt the program was a good thing and should be continued. He stated that his laughter had been a drug addict and he had had no way to turn. He asked that people opposing the )rogram visit the house and not rely on word of mouth. He felt something was needed to try and :orrect the drug problem in the community. He stated that he would have no objection to the loca- :ion of Delos House in his neighborhood. Mrs. Margaret Ludwick, 730 Park Avenue, felt drug treat - ient centers should not be located within residential areas. She felt this was the start of the )light of the neighborhoods. Dr. Michael Sheehan, Director of Treatment at the Northern Indiana )rug Abuse Services, stated that the behavior of the residents of Delos House was restricted and ie did not feel the house should be referred to as a correctional institution. Mrs. Vivian Fisher, 109 Riverside Drive, felt the treatment center should be relocated, and she felt the nursing quarter Lt Healthwin Hospital should be utilized, even though it had been stated some time ago that the luarters needed too much repair work. She wondered about the qualifications of the staff members end if five of the staff members were residing in the home as was originally planned. She felt the )rogram was needed but to put the center in a residential area was not in the best interests of the !ommunity. Mr. Silas West, 222 Laurel Street, stated that, at one time, he opposed the location of L drug center near an elementary school; however, now he had changed his mind. He did not feel the .ocation of the center should be the problem. He felt the program was needed for the community and !ertain "hangups" have kept South Bend from growing and prospering. He stated that the center has :o go somewhere because South Bend has a drug problem and the residential treatment center is needei [r. William Davison, 413 LaMonte Terrace, spoke in support of the continuation of the program and .he necessary funding. Mrs. Marialyce Riedle, 816 Park Avenue, wondered about the rights of the 'esidents of the area, and she felt that the neighborhood.has been the "dumping grounds" of many if these types of programs. She wondered why other areas should not benefit from these programs, .f these programs were considered so beneficial. She wondered about the rights of the children -oing to the school and park. Mrs. Irene Patterson, 315 LaMonte Terrace, felt there should be no .rug centers in residential areas. Mrs. Eugenia Schwartz, 725 Park Avenue, referred to a petition 'iled by Councilman Serge supporting the continuation of the funding of the program, which petition ,as signed by 223 residents. She presented another petition to the City Clerk supporting the pro - 'ram, carrying additional signatures. She also stated that she supported the funding and hoped the .ouncil would appropriate the necessary funds. She asked that the residents in the audience show :heir support of the program by raising their hands. Father Tom Hooley, 706 Park Avenue, was con - !erned about the values that the people were holding. He wondered if they were concerned about property values or christian values. He saw the program as a voluntary effort of drug users to ight themselves, and he felt this privilege should be allowed to them. Mrs. Dolores Kovas, 608 'ark Avenue, stated that she was a pharmacist by profession. She felt the conditions of the house ,ere not adequate because 19 people were housed in only 5 bedrooms. She stated that the second 'loor is divided into office space and living area and the two bedrooms and bath on the main floor ,ere for the staff. She urged the Council to relocate the center to more adequate facilities. 'eff, one of the residents of Delos House, stated that he was aware of the mixed emotions of the ,eople; however, he was being torn apart because of the bickering, and he was tired of hearing it a: fr. Richard Doyle, State Representative, residing at 720 Park Avenue, talked about the various feces of legislation being considered in order to try and correct many of these types of problems. e felt the center was destructive to the neighborhood, and he suggested other locations which he elt would be more adequate for the facility. He supported the Council's funding of the program ut he felt the location of these centers should be given consideration.' Dr. Maurice Schwartz, 25 Park Avenue, felt that the Council meeting was the first public meeting held where opinions ould be aired. He felt this was good. He stated that, according to the zoning, the center was llowed in the residential district, and he felt this was important. He expressed support of the rogram. Mrs. Orpha Dickeson, 326 Madison Street, stated that she was not against helping the drug ddicts, but she felt the center should be located in a non - residential area. She expressed con - ern for the children going to and from Madison School. Mrs. Janet Allen, 125 West Marion Street, elt the "narrowmindedness" of the people was destroying the neighborhood and not the establishment f Delos House. She stated that the neighborhood has survived and would continue to survive and elos House would pass as everything else has. She felt the entire hearing was irrelevant to the unding of the program. She felt if the area was properly zoned, there shbuld be no question on hether or not the center should be located there. Mr. Frank Riedle, 816 Park Avenue, President of he Park Avenue Neighborhood Association, spoke on behalf of the 600 residents who opposed Delos ouse. He stated that the center had been located in the neighborhood with no warning to the esidents. He felt the neighborhood would change drastically because of Delos House. ouncilman Serge felt the residents of the area were disturbed because they were not even notified hat Delos House was going into the area. He stated that he supported the funding of the program ut he made reference to the petitions containing 809 signatures opposing the center in a residen- ial area. Councilman Szymkowiak recommended that the county be contacted about the possibility of sing Healthwin Hospital. He stated that the taxpayers paid for 620 of that land and the citizens f South Bend should look to the county for some cooperation. Councilman Miller referred to the udget for the drug,program and wondered about the amount needed for equipment. Mr. King stated hat a washer and dryer, calculator and 10 window unit air - conditioners would be purchased for elos House. Councilman Miller wondered why the program was only being funded for one quarter, and r. King stated-that the city could not encumber funds that have not yet been received. Councilman REGULAR MEETING MAY 28, 1974 TTEE OF THE WHOLE MEETING (CONTINUED) Miller wondered if the budget had been reduced by the administration before submission to the Council, and Mr. King stated that the administration had recommended some items be reduced and this had been accomplished. Councilman Parent asked for a legal opinion on the proper zoning of the area, and Mr. Robert Parker, Deputy City Attorney, stated that the property was zoned "B" Residenti and two uses were permitted which he felt would be considered.applicable: a nursing home or public or private clinic; and an apartment house or boarding house. He stated that, under the definitions of boarding houses, it was required there be not more than 20 individuals residing in the structure Also, 50 square feet of floor space must be allowed for each occupant. He stated that the BOCA Code would be applicable as to the use, number of persons in the building and sleeping accommoda- tions. Councilman Parent wondered if the center met the requirements of BOCA, and Mr. Parker state that he did not have first -hand knowledge of that. Councilman Parent wondered if this use would be permitted under another classification, and Mr. Parker stated that this might be permissible under a commercial district. Councilman Parent stated that it seemed there were no problems with the use of the center in the residential district, at least legally. He felt that the issue before the Council was the funding of the program and that was what should be considered. He felt that urban blight was not caused by residential treatment centers, and that the location of a drug treatment center was an ideal way of teaching people about the drug problem even though the people feared the establishment of the facility. He felt that people have to stop pretending that the problem will just go away. It is a problem that must be coped with. He stated that the zoning code was pre- sently being revised and the location of the residential treatment centers would be considered at that time. He urged that everyone in attendance at the meeting attend the public hearings on the revised code. Councilman Taylor hoped the Council could act as a unifying force. He felt there wa a problem within the community and it involved a difficult decision. He also felt public acceptant for the programs was needed in order to carry them out effectively. He stated that, if the zoning was legal, he could see no reason to vote against the funding. He also stated that, as long as results are made, the program was being effective and should.be continued. He felt the location of the center was not the issue. Councilman Horvath wondered where the people would live if the pro- gram developed to a stage of 40 to 45 individuals. Mr. King stated that, when the program develope to that stage, another residence would have to be sought to accommodate all the addicts. Council President Nemeth felt it was distressing to see friends pitted against friends. He stated that the program itself was working, and he referred to statements made by Father McGill at an Area Plan Commission hearing held last year concerning the location of the residential treatment center and its effect on the community; more specifically, that South Bend was in need of the center but it should not upset the residential community. He felt the residents in the area.were upset by the establishment of Delos House. He stated that he would vote in favor of continued funding for the program, but he hoped that the administration and NIDAS would consider the feelings of the neighbor- hood. Councilman Newburn felt the problem was unfortunate; however, the drug addicts existed and something had to be done to correct the situation. He felt that no matter where the center was located, it was still a problem that the community must take care of. He reminded the Council that the issue was the funding and not the location of the center. Councilman Parent made a motion that the ordinance go to the Council as favorable, seconded by Councilman Serge. The motion carried. Chairman Newburn asked for a recess. The Committee of the Whole recessed at 9:50 p.m. Reconvened at 10:08 p.m. INANCE AN ORDINANCE APPROPRIATING $28,500.00 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. Donald Decker, Manager of the Bureau of Streets, made the presentation for the ordinance. He talked about the desire of the Council and administration to discourage the burning of leaves. He stated that the Board of Public Works had awarded a contract, subject to Council approval, for four front - mounted vacuum leaf pick -up machine; He indicated that the machines mount on the snow plow attachment already in use. The machines have a screw -type agitator to break up matted leaves in order for easy and efficient cleanup. Mr. Decker stated that the leaves are to be picked up in the gutter at the curb line. The amount requested for the four machines was $20,375. In addition, boxes would have to be constructed on each truck to take the leaves as they are picked up off the streets. The amount of $8,125 was requested to fund the materials and labor to provide eight such boxes. Councilman Miller wondered what the dump boxes would be made of, and Mr. Decker stated they would be constructed of plywood and steel. He indicated that these items would be bid for. Councilman Serge wondered if the equipment would take care of the needs of the community, and Mr. Decker state that the machines would. He indicated that each area to be worked on would be announced and the citizens would be asked to cooperate by raking their leaves to the curb line for pickup, with each area of the city having the pickup.at one time or another. Councilman Szymkowiak asked where the citizens should put their leaves, and Mr. Decker stated that the citizens should rake their leaves in a pile between the sidewalk and the curb line. He stressed that the leaves should not be swept Unto the streets. ncil President Nemeth made a motion that the ordinance go to the Council as favorable, seconded Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $244,268.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC WORKS PROGRAMS, TO BE ADMIN- ISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC WORKS. his being the time heretofore set for public hearing on the above ordinance, proponents and pponents were given an opportunity to be heard. Mr. Donald Decker, Manager of the Bureau of treets, made the presentation for the ordinance. He indicated that the funds would be used for urchase of materials in order to undertake an extensive program of street improvement and repair uring 1974. The proposed program would provide for the resurfacing of approximately 228 blocks of �l RFrAIT.AR MEETTNG MAY 28t 1974 COMMITTEE OF THE WHOLE MEETING (CONTINUED) arterial streets, the slurry sealing of approximately 925 blocks of bituminous pavement on minor traffic streets, and the application of a base slurry coat to approximately 75 blocks of unimprove streets. He stressed the importance of the resurfacing program, and indicated that the city's cost of asphalt has increased. A 6% increase had been anticipated last year at budget time; however, because of the gasoline and oil crisis, asphalt has increased 43 %. Slurry seal has increased 92 %. He stated that there was no guarantee that this amount would not go higher. Counc President Nemeth wondered about the cost of concrete. He asked if concrete would be more feasible in light of the rising cost in asphalt. Mr. Decker stated that last year Class A concrete was $19.60 a yard; this year it was $21.70 a yard. Asphalt last year was $7.95 a ton; this year it was $11.30 a ton. Council President Nemeth wondered about the difference between a yard and a ton of material. Mr. Decker stated that a ton would cover 18 square yards of a thin overlay. Council President Nemeth stated that perhaps it would be more economical to use concrete, and Mr. Decker stated that concrete was a construction material and asphalt was a maintenance item. Mr. Rollin Farrand, Director of the Department of Public Works, stated that asphalt is a surface course of 22 inches. The minimum concrete overlay is 6 inches and there was some question as to whether or not the 6 inches was adequate. He stated that concrete is an entirely different type of construc- tion. Councilman Serge made a motion that the ordinance go to the Council as favorable, seconded by Councilman Szymkowiak. The motion carried. ORDINANCE AN ORDINANCE FOR ADDITIONAL APPROPRIATION FROM THE GENERAL PARK FUND TO ACCOUNT 730.0, PROPERTIES, LAND, IN THE AMOUNT OF $40,000.00. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. James Seitz, Director of the Department of Public Parks, made the presentation for the ordinance. He explained that, in cooperation with the Department of Redevelopment, who received a federal grant in the amount of $1,000,000 with $500,00 going to the southeast section of the city, the Park Department agreed to purchase certain land fo open space. The purchase of the land was a requirement in receiving the grant. Mr. Seitz stated that the Park Department has a surplus in the General Fund because the miscellaneous receipts were higher than anticipated and the Bureau of Outdoor Recreation has authorized $14,630.97 to be deposited in the General Park Fund. Another sum of $17,500 is also expected soon from the Bureau of Outdoor Recreation. Mr. Seitz indicated that the funds received from the BOR were not federal or local tax dollars but receipts from permits, licenses, etc. Mr. Garrett Mullins, President of the Project Area Committee of the Southeast Neighborhood Association, expressed support of the appropriation for the park land. Councilman Miller indicated that the Housing Committee had met regarding the proposed ordinance an recommended that the Council approve the appropriation. He wondered if the amounts taken from the Cumulative Capital Improvement Fund were returned, and Mr. Seitz indicated that all of the money h been paid back that was borrowed. Council President Nemeth asked how much money would be left in the General Park Fund, and Mr. Seitz stated that there would be approximately $30,000 left, but that the actual figure depended on the assessed valuations. Council President Nemeth made a motio to amend the ordinance in Section II by striking the letter "e" in the word "foresaid ", seconded b Councilman Parent. The motion carried. Councilman Szymkowiak made a motion that the ordinance go to the Council as favorable, as amended, seconded by Councilman Parent. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $563,000.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS HUMAN RESOURCES PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF HUMAN RESOURCES. .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 Hojnacki, Director of the Department of Human Resources and Economic Development, made the presentation for the ordinance. He explaine the request for funds and also referred to the next item on the agenda. He indicated that the following ordinance created a structure to develop a comprehensive neighborhood program concerning housing. The $563,000 appropriation ordinance dealt with the appropriation of funds for the southeast neighborhood. Mr. Garrett Mullins, President of the Project Area Committee of the Southeast Neighborhood Association, urged the passage of the ordinances for the southeast side. Mr. Mark Vavis, 523 South St. Joseph Street, felt that something needed to be done about the southeast side now because the area had been neglected for so long. He hoped the Council would act favorably on the ordinances. Mrs. Christyne Woolridge, 734 North Twyckenham Drive, read a resolution unanimously passed by the Urban Coalition on February 4, 1974, which supported the citizens of the southeast neighborhood and any other blighted areas in the struggle to obtain dece and adequate housing. She stated that the Housing Task Force supported the ordinance authorizing the appropriation of revenue sharing funds; however, the amount of $563,000 was not sufficient to complete the project. Councilman'Miller indicated that the Housing Committee had met regarding th proposed ordinance and recommended that the ordinance be amended as follows: The amount of $563,000 be amended to $438,000. Account 260.0 be amended from $530,811 to $405,811. Insert the following in Section II after the words "approval by the Mayor ": "the effective date of 'An Ordinance Creating A Division of Community Development Within The City of South Bend'," Councilman Miller made a motion to so amend the ordinance, seconded by Councilman Taylor. The motion carried. Council President Nemeth proposed a further amendment to the ordinance: Insert the following as a separate paragraph immediately after the line items: "The sum of $405,811.00 in Account 260.0, Services Contractual, shall be used solely for the purpose of a contract to be entered into with the South Bend Department of Redevelopment for the purposes as set forth in Section V of the ordinance creating a Division of Community Development within the City of South Bend." ITTEE OF THE WHOLE MEETING (CONTINUED) I lCouncil President Nemeth made a motion to so amend the ordinance further, seconded by Councilman Taylor. The motion carried. Councilman Miller stated that he felt this was an admirable attempt to try and solve some of the problems facing the community regarding housing. He felt that housing was a personal responsibilit and not a community responsibility; however, where the social conditions are such that the housing problems within a neighborhood are creating blight, this might then become a community responsibili He did not feel that all housing was the responsibility of a governmental unit. He stated that the purpose of the ordinance was to encourage people to rehabilitate their homes, and he felt it more profitable to fix the homes than relocate the residents. Councilman Miller stated that he felt the amount of $438,000 was very adequate to get the program started and, after the preliminary development of the program, the Council would re- evaluate the issue. Councilman Parent made a motion that the ordinance go to the Council as favorable, as amended, seconded by Councilman Taylor. The motion carried. Council President Nemeth indicated that he hoped none of the residents of the southeast side would view the ordinance as a "panacea" to the housing problems. He felt this was an experimental step and it would need the cooperation and hard work of the residents in the area. 11 ORD I NANCE AN ORDINANCE ENABLING THE CITY OF SOUTH BEND, THROUGH THE BOARD OF PUBLIC WORKS, TO ENTER INTO A CONTRACT WITH THE PLANNING AND ACTION DEVELOPMENT TEAM, INC. TO ADMINISTER A NEIGHBORHOOD DEVELOPMENT PROGRAM. Councilman Miller indicated that the Housing Committee had met regarding the proposed ordinance and recommended that the ordinance be stricken from the files. The committee.further recommended that the ordinance creating a Division of Community Development within the City of South Bend be acted upon favorably by the Council. Councilman Miller made a motion that the Committee of the Whole recommend that the ordinance be stricken from the files, seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE ESTABLISHING A NEW ACCOUNT, 260, "OTHER CONTRACTUAL SERVICES ", AND TRANSFERRING THE SUM OF $4,000.00 FROM ACCOUNT 110, "SERVICES PERSONAL ", TO THIS ACCOUNT, BOTH ACCOUNTS BEING WITHIN THE COMMON COUNCIL BUDGET, CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Walter Lantz, Deputy Controller, made the presentation for the ordinance. He explained that, when the budget was prepared for the Common Council, the services of an attorney were put into the Services Personal Account. The attorney was hired on a contractual basis; therefore, the money must be transferred into a contractual account in order to meet the necessary requirements. Council President Nemeth indicated that the Council utilizes the attorney's services only for certain legal questions that arise. He indicated that the attorney was not requested to be present at every Council meeting because there was an attorney on the Council. He stated that, in the event there was no attorney on the Council at some future date, perhaps the services of an attorney would be needed at all Council meetings. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, stated that every separate organization with the government is inclined to have its own separate attorney. He wondered about this, and Council President Nemeth stated that it was very essential the Council have its own attorney because the City Attorney would be placed in a precarious position if the Council and Mayo: failed to agree on a certain issue, especially since the attorney is employed by the Mayor. He felt the City Attorney could not give proper advice and service to the Mayor and Council on a con- troversial item to which the two do not agree. Councilman Taylor felt that, when there is a certaii degree of competition between the branches of government, the government works more efficiently. Councilman Parent stated that some councils have full -time councilmen with full -time legislative assistants for each, plus research workers. He felt the Council of South Bend was working very efficiently with no staff and only a part -time attorney. ouncilman Serge made a motion that the ordinance go to the Council as favorable, seconded by ouncilman Taylor. The motion carried. RDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, AND McCULLOUGH & ASSOCIATES PUBLIC ACCOUNTANTS, INDIANAPOLIS, INDIANA, FOR VARIOUS ACCOUNTING AND FINANCIAL SERVICES RENDERED AND FEES AND EXPENSES INCURRED PURSUANT TO EMPLOYMENT AGREEMENT WITH THE CITY DATED FEBRUARY 20, 1973, IN THE TOTAL AMOUNT OF $14,157.24. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Paul Krueper, Manager of the Bureau of Water, indicated that the employment agreement had been entered into pursuant to approval by the Public Service Commission establishing increased rates and charges for the City of South Bend Water Utility Council President Nemeth indicated that an amendment should be made to Section II of the ordinance, ! as follows: Insert the following after the words "from and after its ": "passage by the Common Council, its approval by the Mayor and the fulfillment of all statutory requirements." He made a motion to so amend the ordinance, seconded by Councilman Parent. The motion carried. Councilman Szymkowiak then made a motion that the ordinance go to the Council as favorable, as amended, seconded by Councilman Parent. The motion carried. REGULAR MEETING MAY 28, LaIA- COMMITTEE OF THE WHOLE MEETING (CONTINUED) ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, AND (1) L. 0. GATES CHEVROLET CORPORATION, SOUTH BEND, INDIANA, AND (2) JORDAN FORD CITY, INCORPORATED, SOUTH BEND, INDIANA, FOR THE PURCHASE OF CERTAIN VEHICLES IN THE TOTAL AMOUNT OF $16,307.59. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Paul Krueper, Manager of the Bureau of Water, made the presentation for the ordinance. He indicated that bids were let for the purchase of the vehicles and the contract had been awarded to Gates Chevrolet and Jordan Ford. He indicated that the amount budgeted was approximately $18,000 last year; however, the contract was being awarded in the amount of $16,307.59. Council President Nemeth made a motion to amend the ordinance as follows: Insert the following after the words "from and after its" in Section II: "passage by the Common Council, its approval by the Mayor and the fulfillment of all statutory requirements." Councilman Parent seconded the motion. The motion carried. Councilman Miller then made a motion that the ordinance go to the Council as favorable, as amended, seconded by Councilman Taylor. The motion carried. ere being no further business to come before the Committee of the Whole, Council President Nemeth de a motion to rise and report to the Council and recess, seconded by Councilman Taylor. The tion carried, and the Council recessed at 11:05 p.m. TTEST: I REGULAR MEETING - RECONVENED F' ATTES f` ' -.uo e it remembered that the regular meeting of the Common Council of the City of South Bend, Indiana, econvened in the Council Chambers at 11:23 p.m., Council President Nemeth presiding and eight embers 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 May 13, 1974, regular meeting of the Council and found them correct. They, therefore, recommend that.the same be approved. s/ Peter J. Nemeth ouncilman Taylor made a motion that the report be accepted as read and placed on file and the inutes be approved, seconded by Councilman Horvath. The motion carried. FROM THE COMMITTEE OF THE WHOLE ouncilman Taylor made a motion to waive the reading of the report of the Committee of the Whole, econded by Councilman Horvath. The motion carried by a roll call vote of eight ayes (Councilmen erge, Szymkowiak, Miller, Parent, Taylor, Horvath, Newburn and Nemeth) with Councilman Kopczynski bsent. REPORTS FROM AREA PLAN COMMISSION The Honorable Common Council City of South Bend County -City Building South Bend, Indiana 46601 May 22, 1974 In Re: A proposed ordinance initiated by the Area Plan Commission to zone recently annexed land from "A" Residential to "C" Commercial, "A" Height and Area, property located at the southwest corner of State Road 23 and Locust Road, City of South Bend. Gentlemen: The attached rezoning petition initiated by the Area Plan Commission was legally advertised May 4, and May 11, 1974. The Area Plan Commission gave it a public hearing May 21, 1974, at which time the following action was taken: "A motion made by Robert Lehman to favorably recommend the petition initiated by the Area Plan Commission to zone from "A" Residential, to "C" Commercial, "A" Height and Area, to the Common Council was seconded by Joseph Bajdek and unanimously carried. The Area Plan Commission finds that this area is pre- sently used for a commercial business and was zoned "C" Commercial under the St. Joseph County Zoning Ordinance. This petition is, therefore, forwarded to the Common Council with a favorable recommendation by the Area Plan Commission." REGULAR MEETING MAY 28 19 II REGULAR MEETING - RECONVENED (CONTINUED) 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 RSJ /ch attach. The Honorable Common Council City of South Bend County -City Building South Bend, Indiana 46601 May 22, 1974 In Re: A proposed ordinance initiated by the Area Plan Commission to zone recently annexed land from "A" Residential to "E" Heavy Industrial, "A" Height and Area, property located on Linden Road at the northwest corner of Linden and Chippewa, City of South Bend. Gentlemen: The attached rezoning petition initiated by the Area Plan Commission was legally advertised May 4, and May 11, 1974. The Area Plan Commission gave it a public hearing May 21, 1974, at which time the following action was taken: "A motion by Joseph Bajdek was seconded by Robert Lehman to favorably recommend the ordinance initiated by the Area Plan Commission to.zone recently annexed land from "A" Residential to "E" Heavy Industrial, "A" Height and Area, property located on Linden Road, at the northwest corner of Linden and Chippewa, City of South Bend, as the land is used for industrial purposes and was previously zoned "M" Manufacturing in St. Joseph County pursuant to rezoning procedures some years ago by the property owners." In the discussion that followed, Kenneth Woods stated that in view of the fact that this property was zoned Manufacturing some years ago, it indicates the feelings of the people who own the property and it should be industrially zoned now that it is in the city and should not be made a non - conforming use. The staff recommended the property owners not be forced to become a non - conforming use since they had gone through the proper rezoning procedures several years ago. Mr. David Kelley did not agree and noted.it would not really create a handicap to the property owners. Mr. Dwight Miller asked if they wished to sell, would "A" Residential zoning keep them from selling the property as industrial property and Mr. Weisman noted it would not as long as it remained the same use as it is now. He said the property owners would only be prevented from enlarging beyond 33.3 per cent of the existing operation or for reusing the property for another industrial use. Mr. Kelley noted that at the time of the rezoning there were surely some restrictions placed on the rezoning and wondered if those restrictions were carried out. Mr. Johnson stated that there have been certain violations made to the original site plan as well as other codes and ordinances, but the Plan Commission's zoning recommen- dation should not be based upon the County's lack of enforcing their codes and ordinances. Mr. Kelley said that since the property owners have violated a number of county codes and ordinances, the property would not be zoned "E" Heavy Industrial. Mr. Weisman pointed out the Plan Commission should establish a policy in these matters and they should determine if the policy is to be either that their zoning be the same in the city as it was in,the county or it should conform to a Comprehensive Plan. Whatever the policy is, it should be established so that property owners will know what to expect when they are annexed by the city. He said these things should not be dealt with as separate zoning problems but rather there should be a policy established and followed. Mr. Miles asked if there would not be certain times when there would be a special case that needed to be considered as a separate zoning problem and Mr. Weisman stated this might occur but there should still be an established policy. Mr. Johnson stated he could envision the day when there would be additional industrial zoning in that area and did not think there was much future for residential development in this particular area. Mr. Kelley said he felt the policy should be that when property comes in to the city by annexation and if it was rezoned and if they have been a good neighbor to the community, they should be properly zoned but if they have shown neglect for their rezoning, they should not be allowed to have the privilege of carrying their zoning through. Mr. Johnson noted he was not sure this was a legitimate function of zoning. He said that there were things the community could do to enforce the ordinance but this was not the function of the Area Plan Commission. REGULAR MEETING MAY 22, 1974 MEETING - RECONVENED (CONTINUED) Mr. Kelley noted the Building Department has been out to this site time and time again due to complaints and he felt it was asking too much of the community to allow these individuals to continue to be in violation. Mr. Farrand noted they have the same problem with such operations in the city and this might be one way of getting their attention in these matters. A discussion then followed on proposed ordinance and it was pointed annexed property should be sent to th this be determined with the other two "A" Residential rather than "E" Heavy Commission. the advisability of withdrawing or tabling this out by Mr. Johnson that the proposed zoning of the Common Council as a package and he would prefer parcels and suggested the petition be amended to Industrial if that was the thinking of the Plan It was agreed the petition should not be withdrawn or tabled inasmuch as the one for the "C" Commercial zoning had been acted upon. "Mr. Bajdek then withdrew his motion to favorably recommend the ordinance to zone to "E" Heavy Industrial, and Mr. Lehman withdrew his second to the motion. A motion was then made by Rollin Farrand that the petition be amended to "A" Residential and the Area Plan Commission favorably recommend the property located on Linden Road at the northwest corner of Linden and Chippewa, be zoned from "A" Residential, No Height and Area, to "A" Residential, "A" Height and Area. His motion was then seconded by David Kelley and carried after a vote of six in favor of the motion and five against it." 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 forwarded to you at a later date to be made a part of this report. RSJ /ch attach. The Honorable Common Council City of South Bend County -City Building South Bend, Indiana 46601 Very truly yours, s/ Richard S. Johnson Executive Director May 22, 1974 In Re: A proposed ordinance initiated by the Area Plan Commission to zone recently annexed land from "A" Residential to "A" Residential, "A" Height and Area, property located on State Road 23, U. S. 20 -31 By -Pass and Linden Road (Gertrude Street), City of South Bend. , Gentlemen: The attached rezoning petition initiated by the Area Plan Commission was legally advertised May 4, and May 11, 1974. The Area Plan Commission gave it a public hearing May 21, 1974, at which time the following action was taken: "A motion made by Rollin Farrand to favorably recommend the petition initiated by the Area Plan Commission to zone from "A" Residential to "A" Residential, "A" Height and Area, to the Common Council was seconded by David Kelley and unanimously carried. The Area Plan Commission finds that this area is presently used for a residential purpose and was zoned "R" Residential under the St. Joseph County Zoning Ordinance. This petition is, therefore, forwarded to the Common Council with a favorable recommendation 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 forwarded to you at a later date to be made a part of this report. RSJ /ch attach. Very truly yours, s/ Richard S. Johnson Executive Director ouncil President Nemeth indicated that the ordinances referred to in the reports would be having irst reading and action could be taken at that time. REPORT FROM THE DIRECTOR OF THE DEPARTMENT OF HUMAN RESOURCES AND ECONOMIC DEVELOPMENT ,r. William Hojnacki, Director of the Department of Human Resources and Economic Development, intro uced Ms. Marlene Katz, head of the Mayor's Action Center. Ms. Katz spoke on the center's first ear of operation. She stated that during the first year, the center received 8,560 calls from the itizens regarding complaints and questions about various matters. She stated that each call is ogged and classified. A monthly report to the Mayor and cabinet directors informs them of the atters concerning the citizens. Ms. Katz explained the procedure for each call handled. When the all is received, the information is typed on a form and the complaint form is sent to the departme 1 ead. An answer is to be received back within five days. If this is not done, follow -up is ecessary. She stated that over 4,000 calls were received regarding the Department of Public Works uring the first year. Various questions pertained to'street cleaning, debris, leaf pickup, snow emoval and trash pickup. The Department of Public Safety received 1,900 calls concerning various REGULAR MEETING MAY 28 1974 IIREGULAR MEETING - RECONVENED (CONTINUED) matters. Over 157 calls were received pertaining to housing, etc., which were referred to the Department of Human Resources and Economic Development. Calls regarding non -city services totalled 2,423. Ms. Katz indicated that a citizen's handbook has been designed by the Action Center to help the citizens with complaints and questions. Regarding the Department of Law, 45 calls were received which involved matters under the department's jurisdiction. Residents of a certain area were contacted and polled through the center regarding their opinions on a certain issue, at the request of the Department of Law. A weekly radio hour -long program is conducted to help the citize in receiving answers to their questions and complaints. Ms. Katz thanked the citizens who have reported the problems and she also thanked the city employees whose hard work too often goes unnoticed. Council President Nemeth thanked Ms. Katz for her presentation. 11ORDINANCES, SECOND READING IIORDINANCE NO. 5670 -74 AN ORDINANCE APPROPRIATING $18,655.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC WORKS PROGRAMS, TO BE ADMIN- ISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC WORKS. This ordinance had second reading. Councilman Miller made a motion to amend the ordinance as follows: Account 252.0 to read $ 250.00 Account 363.0 to read 300.00 Account 370.0 to read 550.00 Account 430.0 to read -0- Account 725.0 to read -0- Account 726.0 to read 1,000.00 Total to read $16,850.00 Councilman Szymkowiak seconded the motion. The question was raised as to where the crews would be operating from, and Councilman Horvath wondered how much money was recovered last year for cleanup. Mr. Rollin Farrand, Director of the Department of Public Works, indicated that the program last yea lacked enough people to do the research work. Councilman Newburn brought up the repair account aga as he felt this was important. He could not understand why the repairs could not be accomplished at the garage. The issue of the warranty on the repair parts was again briefly discussed. The motion to amend carried. Councilman Miller then made a motion that the ordinance be passed, as amended, seconded by Council Taylor. Council President Nemeth stated that he would not vote in favor of the ordinance because he felt sufficient information about the request had not been provided. The ordinance passed by a roll call vote of six ayes (Councilmen Szymkowiak, Miller, Parent, Taylor, Horvath and Newburn) and two nays (Councilmen Serge and Nemeth) with Councilman Kopczynski absent. ORDINANCE NO. 5671 -74 AN ORDINANCE APPROPRIATING $39,173.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS HUMAN RESOURCES PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF HUMAN RESOURCES. This ordinance had second reading. Councilman Parent made a motion that the ordinance pass, 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) with Councilman Kopczynski absent. ORDINANCE NO. 5672 -74 AN ORDINANCE APPROPRIATING $28,500.00 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. seconded by Councilman Serge. The Serge, Szymkowiak, Miller, Parent, absent. NO. 5673 -74 Councilman Horvath made a motion that the ordinance pass, ordinance passed by a roll call vote of eight ayes (Councilmen Taylor, Horvath, Newburn and Nemeth) with Councilman Kopczynski AN ORDINANCE APPROPRIATING $244,268.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC WORKS PROGRAMS, TO BE ADMIN- ISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC WORKS. This ordinance had second reading. Councilman Taylor made seconded by Councilman Horvath. The ordinance passed by a Serge, Szymkowiak, Miller, Parent, Taylor, Horvath, Newburn absent. ORDINANCE NO. 5674 -74 a motion that the ordinance pass, roll call vote of eight ayes (Councilmen and Nemeth) with Councilman Kopczynski AN ORDINANCE FOR ADDITIONAL APPROPRIATION FROM THE GENERAL PARK FUND TO ACCOUNT 730.0, PROPERTIES, LAND, IN THE AMOUNT OF $40,000.00. This ordinance had second reading. Councilman Miller made a motion to amend the ordinance as amended in the Committee of the Whole, seconded by Councilman Taylor. The motion carried. Counci Taylor then made a motion that the ordinance pass, as amended, seconded by Councilman Szymkowiak. The ordinance passed by a roll call vote of -eight ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Horvath; Newburn and Nemeth) with Councilman Kopczynski absent. is REGULAR MEETING MAY 28, 1974 REGULAR MEETING - RECONVENED (CONTINUED) ORDINANCE NO. 5675 -74 AN ORDINANCE APPROPRIATING $563,000.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS HUMAN RESOURCES PROGRAMS, TO BE ADMIN- ISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF HUMAN RESOURCES. This ordinance had second reading. Councilman Newburn made a motion to amend the ordinance as amended in the Committee of the Whole, seconded by Councilman Taylor. 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 eight ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Horvath, Newburn and Nemeth) with Councilman Kopczynski absent. ORDINANCE AN ORDINANCE ENABLING THE CITY OF SOUTH BEND, THROUGH THE BOARD OF PUBLIC WORKS, TO ENTER INTO A CONTRACT WITH THE PLANNING AND ACTION DEVELOPMENT TEAM, INC. TO ADMINISTER A NEIGHBORHOOD DEVELOPMENT PROGRAM. Councilman Taylor made a motion to strike the ordinance from the files, seconded by Councilman Miller. The motion carried. ORDINANCE NO. 5676 -74 AN ORDINANCE ESTABLISHING A NEW ACCOUNT, 260, "OTHER CONTRACTUAL SERVICES ", AND TRANS- FERRING THE SUM OF $4,000.00 FROM ACCOUNT 110, "SERVICES PERSONAL ", TO THIS ACCOUNT, BOTH ACCOUNTS BEING WITHIN THE COMMON COUNCIL BUDGET, CITY OF SOUTH BEND, INDIANA. This ordinance had second reading. Councilman Serge made a motion that the seconded by Councilman Taylor. The ordinance passed by a roll call vote of Serge, Szymkowiak, Miller, Parent, Taylor, Horvath, Newburn and Nemeth) with absent. ORDINANCE NO. 5677 -74 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, AND McCULLOUGH & ASSOCIATES PUBLIC ACCOUNTANTS, INDIANAPOLIS, INDIANA, FOR VARIOUS ACCOUNTING AND FINANCIAL SERVICES RENDERED AND FEES AND EXPENSES INCURRED PURSUANT TO EMPLOYMENT AGREEMENT WITH THE CITY DATED FEBRUARY 20, 1973, IN THE TOTAL AMOUNT OF $14,157.24. ordinance pass, eight ayes (Councilmen Councilman Kopczynski This ordinance had second reading. Councilman Newburn made a motion to amend the ordinance as amended in the Committee of the Whole, seconded by Councilman Taylor. 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 eight ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Horvath, Newburn and Nemeth) with Councilman Kopczynski absent. ORDINANCE NO. 5678 -74 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, AND (1) L. 0. GATES CHEVROLET CORPORATION, SOUTH BEND, INDIANA, AND (2) JORDAN FORD CITY, INCORPORATED, SOUTH BEND INDIANA, FOR THE PURCHASE OF CERTAIN VEHICLES IN THE TOTAL AMOUNT OF $16,307.59. This ordinance had second reading. Councilman Taylor made a.motion to amend the ordinance as amended in the Committee of the Whole, seconded by Councilman Newburn. The motion carried. Councilman Newburn then made a motion that the ordinance pass, as amended, seconded by Councilman Horvath. The ordinance passed by a roll call vote of eight ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Horvath, Newburn and Nemeth) with Councilman Kopczynski absent. RESOLUTIONS RESOLUTION NO. 421 -74 A RESOLUTION FINDING AND ADJUDGING THAT THE FINANCING OF FACILITIES FOR INDUSTRIAL PACKAGING CORPORATION BY THE ISSUANCE BY THE CITY OF SOUTH BEND, INDIANA, OF ITS INDUSTRIAL 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. WHEREAS, the Common Council of the City of South Bend, Indiana, heretofore has created the South Bend Development Commission hereinafter referred to as "Commission ", pursuant to the provisions of the Public Law No. 182 of the Acts of the General Assembly of Indiana for 1973, as such may be amended from time to time, including but not limited to IC 18- 6 -4.5 -2 through IC 18- 6- 4.5 -28, hereinafter referred to as the "Act and WHEREAS, Industrial Packaging Corporation has filed an application with the Commission to finance the construction of an industrial and commercial building (facilities) Which will constitute economic development facilities resulting in a substantial number of new jobs as well as other benefits; and WHEREAS, in connection therewith the Commission has prepared and placed on file a report containing the subject matter as specified in Section 16 of IC -1973, 18 -6 -4.5 and has forwarded copies thereof to the Chairman of the Area Plan Commission and to the Superintendent of the School Corporation in the area of which the facilities will be located, and has timely received favorable reports from each of them; and IREGULXV. U \ • u_ (REGULAR MEETING - RECONVENED (CONTINUED) WHEREAS, the Commission held a public hearing on the proposed financing of such facilities on May 3, 1974, after giving the required notice as provided for in Section 17 of IC -1973, 18- 6 -4.5; and WHEREAS, the Commission at such meeting by a duly adopted written resolution, incorporated herein by reference, found that the proposed financing complies with the purposes and provisions of the Act, and approved such financing, including but not limited to the forms and terms of the financing agreement consisting of the Lease and Trust Indenture and the Bonds; and WHEREAS, this Common Council of the City of South Bend, Indiana, now finds that the proposed financing of such facilities for Industrial Packaging Corporation will be of benefit to the health or welfare of the City of South Bend, Indiana, and that accordingly, this resolution should be adopted. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, that: SECTION 1. Such financing for Industrial Packaging Corporation under the Act be and the same is hereby approved. SECTION 2. This resolution shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. s/ Peter J. Nemeth Councilman A public hearing was held on the resolution at this time. Mr. Kenneth Fedder, Attorney for the South Bend Development Commission, indicated that, on May,3, 1974, the commission met and approved the resolution for the financing. He indicated that the new facility for Industrial Packaging would be located on the north side of Edison Road and the east side of the By- Pass. He stated that the company is moving from Mishawaka and expanding its facility. Councilman Parent made a motion that the resolution be adopted, seconded by Councilman Taylor. The resolution passed by a roll call vote of eight ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Horvath, Newburn and Nemeth) with Councilman Kopczynski absent. SOLUTION NO. 422 -74 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, IN THE MATTER OF AMERICAN CHAIN & CABLE COMPANY, INC. OF SOUTH BEND, INDIANA. WHEREAS, the South Bend Development Commission has developed and filed with the Area Planning Commission of St. Joseph County and also with the South Bend Community School Corporation, being the school corporation with jurisdiction in the area, a "Report of City of South Bend Economic Development Commission Making Certain Estimates ", said report being with respect to the financing of certain economic development facilities for American Chain & Cable Company, Inc. at 1217 Walnut Street, South Bend, Indiana; and WHEREAS, the Area Planning Commission and the South Bend Community School Corporation have each filed written comments concerning said proposed plan and approving the same; and WHEREAS, the South Bend Development Commission has by resolution passed on May 17, 1974, approved the form of the documents representing the financing, those being the Lease Agreement Mortgage and Indenture of Trust, Guaranty Agreement, Under - writing Agreement and Preliminary Official Statement, in their then present form and subject to approval in their final form by the Development Commission and the Common Council of the City of South Bend, said resolution and form of preliminary official statement having been presented to the Common Council; and WHEREAS, the Underwriter, Goldman, Sachs & Co., and the Company, American Chain & Cable Company, Inc., desire to premarket the bonds in order to establish the interest rates, maturities and redemption features for the bonds and were so authorized to do so by the South Bend Development Commission by authorizing the distribution of the pre- liminary official statement; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, that: 1. The action of the South Bend Development Commission in authorizing the distribution of the preliminary official statement for purposes of premarketing the bonds is hereby ratified and approved. 2. The financing of industrial facilities by the issuance and sale of revenue bonds of the City of South Bend, and the lease of the industrial facilities to American Chain & Cable Company, Inc. as tentatively approved by the South Bend Development Commission in its resolution of May 17, 1974, will be of benefit to the health or welfare of the City of South Bend. 3. This resolution shall be in full force and effect from and after its passage and signing by the mayor. s/ Roger 0. Parent Councilman public hearing was held on the resolution at this time. Mr. Kenneth Fedder, Attorney for the outh Bend Development Commission, indicated that American Chain & Cable is a corporation out of onnecticut, and the commission has met and approved a preliminary resolution to premarket the onds in order to establish maturity rates, etc. He stated that it was anticipated that the final REGULAR MEETING MAY 28, 1974 REGULAR MEETING - RECONVENED (CONTINUED) documents would be presented to the Council in time for the June 10th meeting. Mr. Fedder indicatefl that 100 additional personnel would be employed and the total amount of the bond was 3.8 million dollars. The firm would be located in the 1200 block of South Walnut Street, comprising about 13 acres of real estate and existing buildings. Councilman Newburn made a motion that the resolution be adopted, seconded by Councilman Parent. The resolution passed by a roll call vote of eight ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Horvath, Newburn and Nemeth) with Councilman Kopczynski absent. SOLUTION NO. 423 -74 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING THE CONTINUING TRANSITION OF THE FOURTH YEAR OF THE CITY OF SOUTH BEND COMPREHENSIVE DEMONSTRATION PROGRAM AND AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT WITH THE UNITED STATES OF AMERICA. WHEREAS, the City of South Bend desires to continue to carry out a comprehensive city demonstration program (herein referred to as the "Program" attached hereto and made a part hereof) with the Federal financial assistance under Title I of the Demonstration Cities and Metropolitan Development Act of 1966 (herein called "Act "); and WHEREAS, the Act requires local governing body approval of the program as a con- dition for eligibility for assistance. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend that: SECTION I. The Program, including the projects and activities set forth in the grant agreement, is hereby approved. SECTION II. The Mayor of the City of South Bend, Indiana, Jerry J. Miller, is hereby authorized to execute a grant agreement with the United States of America and to do all things necessary in order to carry out the program, including the submission of such reports, certifications and other material as the Secretary of Housing and Urban Development shall require. SECTION III. The Common Council of the City of South Bend assumes full responsibility for assuring that all grant funds will be used in an economical and efficient manner in carrying out the program and assures the necessary non - federal share of the cost of the Program Administration. Salaries of all persons employed by the City of South Bend under the Program shall be fixed by the Mayor subject to approval by the Common Council. SECTION IV. The South Bend Director of Administration, James V. Barcome, or his successor or delegate may do all things required to be done in order to obtain payment of the grant, including but not limited to the selection of a commercial bank to receive payment vouchers, the submission of signature specimens, and the filing of requests for payment. SECTION V. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. As amended. s/ Roger 0. Parent Member of the Common Council A public hearing was held on the resolution at this time. Mr. Hollis Hughes, Director of Model Cities, made the presentation. He explained that, last year, the Model Cities entered into a transitional year. The transition was to be completed January 1, 1974; however, that has not taken place as yet. He stated that $219,000 has been received by the City of South Bend to continue the program. He requested approval of the resolution authorizing the continuation of the plan. Included in the plan were social services at $52,385; housing programs at $39,522; physical pro- grams at $10,000; economics programs at $29,616; educational programs at $27,000; manpower programs at $21,815; and the non - salary portion of the administrative budget at $38,000. Mrs. Louvenia Cain Chairperson of Model Cities, urged favorable consideration of the Council for adoption of the resolution. Mr.'Hughes acknowledged those persons still in attendance at the meeting who had stayed for the public hearing on the resolution. ncilman Miller made a motion to amend the resolution by the addition of the following sentence Section III: Salaries of all persons employed by the City of South Bend under the Program shall be fixed by the Mayor subject to approval by the Common Council." ouncilman Taylor seconded the motion. Councilman Parent asked for a reason for the proposed mendment. Councilman Miller indicated that the Council wished to set a precedent by including the bove sentence in all resolutions of this type. Council President Nemeth stated that the amendment ay not have any direct bearing on this particular resolution; however, the precedent should be stablished. Councilman Newburn also questioned the need for the amendment. The motion to amend arried. ouncilman Taylor made a motion that the resolution be adopted, as amended, seconded by Councilman iller. The resolution passed by a roll call vote of eight ayes (Councilmen Serge, Szymkowiak, iller, Parent, Taylor, Horvath, Newburn and Nemeth) with Councilman Kopczynski absent. RESOLUTION NO. 424 -74 A RESOLUTION TO AMEND RESOLUTION NO. 406 -74 AUTHORIZING THE CITY CONTROLLER OF SOUTH BEND, INDIANA, TO MAKE TEMPORARY TRANSFERS OF IDLE FUNDS. NOW, THEREFORE, BE IT RESOLVED by the.Common Council of the City of South Bend, Indiana: SECTION I. That Section One of Resolution No. 406 -74 be deleted in its entirety and the following substituted in its place: REGULAR MEETING MAY 22, 1974 11REGULAR MEETING - RECONVENED (CONTINUED) SECTION I. That the City Controller of the City of South Bend is authorized to transfer the aggregate amount of $4,995,000.00 to various funds from various other funds as listed below. The aggregate amount of $4,995,000.00 to be distributed so as not to exceed at any one time the maximum amounts as set forth below. Any such transfers made must be repaid by December 31, 1974: From: MAXIMUM Cumulative Sewer Building and Sinking Fund Cumulative Capital Improvement Fund Local Roads and Street Fund Federal Assistance Grant Fund Redevelopment District Capital - 1972 Fund Municipal Bonds of 1971 Fund $1,500,000.00 To: MAXIMUM Corporation General Fund Park Maintenance Fund 125,000.00 Police Pension Fund 500,000.00 Firemen Pension Fund 1,750,000.00 Redevelopment Fund Motor Vehicle Highway Fund 500,000.00 Human Rights Commission 220,000.00 Fund Sewage Works Construction Fund 400,000.00 Redevelopment Bond Fund Total: $4,995,000.00 General Sinking Bond Fund Total: $2,745,000.00 500,000.00 250,000.00 250,000.00 25,000.00 250,000.00 25,000.00 500,000.00 450,000.00 $4,995,000.00 SECTION II. 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 A public hearing was held on the resolution at this time. Mr. Walter Lantz, Deputy Controller, explained that the resolution was necessary in order to provide continued operating revenues and funds for up- coming bond payments. He stated that the transfers would be repaid by December 31, 1974, or sooner, when it became possible. Council President Nemeth asked when the tax monies would be coming in, and Mr. Lantz stated that the certified rate is not known as yet. Councilman Newburn made a motion that the resolution be adopted, seconded by Councilman Horvath. The resolution passed by a roll call vote of eight ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Horvath, Newburn and Nemeth) with Councilman Kopczynski absent. 11RESOLUTION NO. 425 -74 and A RESOLUTION APPROVING THE SOUTH BEND DAM REPAIR PROJECT, AND AUTHORIZING THE PURSUANCE OF A LOAN FROM THE FLOOD CONTROL REVOLVING FUND OF THE STATE OF INDIANA. WHEREAS, the City of South Bend owns the South Bend Dam in South Bend, and WHEREAS, said dam is in need of repair, and WHEREAS, the Common Council has already appropriated some monies for this project, WHEREAS, the City of South Bend is repairing the South Bend Dam for flood control, aesthetic, historical, safety, and fish conservation reasons. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana: SECTION I. That the Common Council authorize and approve the South Bend Dam Repair Project and also authorize the preparation and submittal of an application for a loan from the Flood Control Revolving Fund of the State of Indiana. SECTION II. 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 A public hearing was held on the resolution at this time. Mr. Rollin Farrand, Director of the Department of Public Works, explained that the repair of the dam is the direct responsibility of th City of South Bend. He indicated that the repair is important because of flood damage and is a par of the riverfront improvements to be made in connection with the Civic Center. He stated that the proposed loan from the state was to be in the amount of $100,000 with a 1%% interest rate. Mr. Farrand concluded by stating that the total funding for the repair work has not been settled at this time. Councilman Serge made a motion that the resolution be adopted, seconded by Councilman Taylor. The resolution passed by a roll call vote of eight ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Horvath, Newburn and Nemeth) with Councilman Kopczynski absent. IIORDINANCES, FIRST READING IIORDINANCE NO. 5679 -74 AN ORDINANCE APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO INDUSTRIAL PACKAGING CORPORATION. REGULAR MEETING MAY 28 1974 ULAR MEETING - RECONVENED (CONTINUED) INANCE NO. 5679 -74 (CONTINUED) his ordinance had first reading. Councilman Miller made a motion to suspend the rules and take ction on the ordinance, seconded by Councilman Taylor. The motion carried by a roll call vote of ight ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Horvath, Newburn and Nemeth) with ouncilman Kopczynski absent. This ordinance had second reading. Councilman Serge made a motion hat the ordinance pass, seconded by Councilman Parent. The ordinance passed by a roll call vote f eight ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Horvath, Newburn and Nemeth) ith Councilman Kopczynski absent. INANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, AND MEADE ELECTRIC COMPANY, MISHAWAKA, INDIANA, FOR THE PURCHASE OF COMMUNICATION EQUIPMENT IN THE AMOUNT OF $15,249.75. is ordinance had first reading. Councilman Horvath made a motion to set the ordinance for public l) aring and second reading on June 10, 1974, seconded by Councilman Taylor. The motion carried. RDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, AND (1) MIDWEST CHLORINE CORPORATION, CHICAGO, ILLINOIS, AND (2) THE FISHER -CALO CHEMICAL & SOLVENTS COMPANY, CHICAGO, ILLINOIS, FOR THE PURCHASE OF CHEMICALS FOR USE FROM JUNE 1, 1974, TO JUNE 1, 1975, IN THE AMOUNT OF $22,694.00. his ordinance had first reading. Councilman Horvath made a motion to set the ordinance for public l earing and second reading on June 10, 1974, seconded by Councilman Taylor. The motion carried. INANCE AN ORDINANCE ESTABLISHING THE SOUTH BEND COMMISSION ON THE STATUS OF WOMEN. s ordinance had first reading. Councilman Taylor made a motion to set the ordinance for public ring and second reading on June 24, 1974, seconded by Councilman Miller. The motion carried. INANCE AN ORDINANCE TRANSFERRING THE SUM OF $1, 150.00 FROM ACCOUNT 223.0, "HEAT ", TO ACCOUNT 252.0, "EQUIPMENT REPAIRS ", BOTH ACCOUNTS BEING WITHIN THE MORRIS CIVIC AUDITORIUM BUDGET, CITY OF SOUTH BEND, INDIANA. is ordinance had first reading. Councilman Taylor made a motion to set the ordinance for public aring and second reading on June 10, 1974, seconded by Councilman Horvath. The motion carried. INANCE AN ORDINANCE APPROPRIATING THE SUM OF $5,599.93 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND (CAMBRIDGE DRIVE SANITARY SEWER PROJECT). is ordinance had first reading. Councilman Miller made a motion to set the ordinance for public aring and second reading on June 10, 1974, seconded by Councilman Taylor. The motion carried. AN ORDINANCE APPROPRIATING $23,920.00 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. his ordinance had first reading. Councilman Taylor made a motion to set the ordinance for public earing and second reading on June 10, 1974, seconded by Councilman Parent. The motion carried. INANCE AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA (southwest corner of State Road 23 and Locust). is ordinance had first reading. Councilman Taylor made a motion to set the ordinance for public aring and second reading on June 24, 1974, seconded by Councilman Newburn. The motion carried. RDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA (northwest corner of Linden and Chippewa). his ordinance had first reading. Councilman Taylor made a motion to set the ordinance for public earing and second reading on June 24, 1974, seconded by Councilman Miller. The motion carried. INANCE AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA (State Road 23, U.S. 20 -31 Bypass and Linden Road). his ordinance had first reading. Councilman Horvath made a motion to set the ordinance for public l) earing and second reading on June 24, 1974, seconded by Councilman Taylor. The motion carried. REGULAR MEETING MAY 28, 1974 IIREGULAR MEETING - RECONVENED (CONTINUED) IIORDINANCE AN ORDINANCE CREATING A DIVISION OF COMMUNITY DEVELOPMENT WITHIN THE CITY OF SOUTH BEND. This ordinance had first reading. Councilman Miller made a motion to suspend the rules and take action on the ordinance, seconded by Councilman Taylor. The motion carried by a roll call vote of eight ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Horvath, Newburn and Nemeth) with Councilman Kopczynski absent. This ordinance then had second reading. Councilman Miller made the presentation for the ordinance. He explained that the ordinance submitted by the Housing Committee as the companion ordinance to the ordinance appropriating $563,000, amended to appropriate $438,000, sets up the administration of the housing program. He stated that it was the committee's feeling that the matter should be handled by a division of government, more specifically through the Department of Community Development. The specific provisions for loans and grants would be arrived at after public hearings held by the Department of Community Development. Mr. William Hojnacki, Director of the Department of Human Resources and Economic Development, indicated that he was not familiar with the proposed ordinance and he had not talked to the Department of Community Development about the ordinance. Mr. Conrad Damian, 718 East Broadway, stated that it looked as if the Council had purposely set the ordinance for public hearing late in the meeting perhaps to try and discourage citizen participation. He commended the residents of the southeast side for staying at the meeting as long as they had. He wondered if there was already a Division of Community Development created by the Mayor, and Councilman Miller indicated that the Mayor had created a Division of Community Development; however, the proposed ordinance would be an on -going thing and would continue through the next administration. Mr. Damian questioned the amoun of work and time needed in the program which was to be handled by the Redevelopment Commissioners. He stated that their workload was already very great. He also questioned the sentence which stated that the salaries shall be approved by the Common Council. He referred to the ordinance that was stricken which would have established a Board of Advisors for the Planning and Action Development Team to administer the housing program, and he stated that he felt citizen participation was very important as was allowed in that ordinance. He stated that the proposed ordinance creating the Division of Community Development did not allow for citizen participation. He hoped the citizen involvement would still take place. Council President Nemeth stated that he resented the remark made by Mr. Damian that the Council had set the ordinance late in the evening. He indicated that the first reading of the ordinances is the last item before the privilege of the floor, and if the Council desired to suspend the rules and conduct a public hearing the same evening, it had the authority to do so upon a roll call vote of the Council members. Mrs. Louvenia Cain, 1207 West Washington Avenue, expressed concern about citizen participation in the program. Councilman Miller stated that the ordinance setting up the Advisory Board which was stricken allowed, at most, 10 citizens to participate. He stated that, under the Department of Redevelopment, all the citizens could participate whether or not they were on a payroll. Mrs. Shirley Fulton, 503 Blaine, stated that the citizens had not had the opportunity to review the proposed ordinance. She could not understand why the Council wanted to suspend the rules and act on the ordinance before the citizens had a chance to look it over. At that point, a motion was made by Councilman Horvath, seconded by Councilman Serge, to continue t ordinance to the June 24th meeting in order to allow the citizens time to review the ordinance if that was their wish. Councilman Parent stated that the ordinance had been introduced last Wednesday, according to the rules and regulations of the Common Council. He indicated that he was in favor of suspending the rules in order to get the program going. He stated that, if the citizen desired, the ordinance could be continued; however, it would hold up the program even longer. Dr. John Gaus, Executive Coordinator of the United Religious Community, stated that he was present to speak on a particular matter and had not had that opportunity because of a long public hearing on a matter that was peripheral. He indicated that the United Religious Community had a task force on neighborhood centers, and in matters pertaining to the general subject matter, he felt the procedure should be a procedure which takes account of participation of the local people that are affected. He referred to the ordinance that was stricken and the substitution of the ordinance creating the Division of Community Development. He felt that ordinance was hindering the program. Councilman Miller stated that the same provisions that were allowed in the previous ordinance were allowed in the new ordinance. He further indicated that public hearings would be held on each matter, whereas in the previous ordinance this was not provided for. Councilman Parent stated that the Council's desire was to expedite matters for the southeast side housing program. He indicated that he would be in favor of continuing the hearing until June 10; however, he felt the ordinance that was stricken should also be set for public hearing. Councilman Taylor stated that the Council was willing to put a half million dollars of revenue sharing funds into an experimental housing program. He stated that the Council could wait until the Better Communities Act was passed. He indicated that the present Council has been in existence for only two years and the citizens of the southeast side have waited for 10 -15 years. He felt the Council was being fair and acting in the best interests of the citizens of the southeast side. The motion to continue the ordinance to the June 24th meeting was carried. A nRD TNANCR AN ORDINANCE AMENDING CHAPTER 20, VEHICLES AND TRAFFIC, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA (bicycles) . This ordinance had first reading. Councilman Miller made a motion to set the ordinance for public hearing and second reading on June 10, 1974, seconded by Councilman Taylor. The motion carried. IIPRIVILEGE OF THE FLOOR Ms. Barbara Schankerman,1615 Rockne Drive, stated that she wondered where the citizens are when the elections take place. She stated that they come to the Council and object and criticize and are only concerned about a matter when it affects their personal well being. Mrs. Irene Stewart, 610 East Ohio Street, talked about the number of crimes committed within the area on the southeast side. She stated that these were the reasons why the people wanted something to be done. Mr. Ed Drummond, 629 West LaSalle Avenue, indicated that a great many people spent alot of time at the meeting in order to speak on a certain issue. He suggested that times be allotted for each it on the agenda in order that the citizens would be able to know approximately what time the item th F . GULAR MEETING ZEGULAR MEETING - RECONVENED (CONTINUED) ere concerned with would be coming up for public hearing. Council President Nemeth agreed with Mr rummond; however, he indicated that it was impossible to do. Mr. Drummond wondered why the pros nd cons could not be put into their respective category. Council President Nemeth indicated that, t the public hearings, everyone is given an opportunity to speak and he stated that if Mr. Drummonc ould come up with a fair method of cutting people off from speaking on certain matters, the Counci: ould consider the suggestion. Councilman Parent indicated that he did not feel sorry for people hat have to spend five hours at a Council meeting. He felt the citizens do not spend enough time earning about their government and how it functions. Mr. Drummond stated that people just do not ave the time to spend at Council meetings. Councilman Parent stated that, when the matters con - ern them, they should just take the time. He stated that government needs citizen participation. BUSINESS uncilman Miller made a motion to re- appoint Thomas Brubaker to the Civic Center Authority, conded by Councilman Parent. The motion carried. uncil President Nemeth announced the formation of a special Committee on Claims to make recommen- tions to the Council regarding claims and to prescribe the method for handling those claims. uncil President Nemeth was to be chairman of the committee, with Councilmen Miller and Kopczynski members. ere being no further business to come before the Council, unfinished or new, Councilman Newburn de a motion to adjourn the meeting, seconded by Councilman Miller. The motion carried, and the eting adjourned at 1:00 a.m. WEST: AP - OVED : -Y k���A ITY CLERK PRESIDENT +++++++++++++++++++++++++++++++++++++++•# +++++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++ 0