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HomeMy WebLinkAbout11-23-70 Council Meeting MinutesREGULAR MEETING - RECONVENED Be it remembered that the Common Council of the City of South Bend, Indiana, reconvened in the Council Chambers in the County -City Building on Monday, November 23, 1970 at 10:23 p.m., all members present. The meeting was called to order by Council - President Robert 0. Laven, who presided. REPORTS OF THE COMMITTEE OF THE WHOLE Council President Laven entertained a motion to waive the reading of the Committee of the Whole Reports. Councilman Allen so moved. Councilman Zielinski seconded the motion. Motion carried unanimously. REPORT FROM COMMITTEE ON MINUTES To the Common Council of the City of South Bend: Your Committee on the inspection and supervision of the minutes would respectfully report that they have inspected the minutes of the November 9, 1970 meeting of the Council and found them correct. They therefore recommended that the same be approved. /s/ Robert O. Laven s Janet S. Allen s Albert E. Palmer There being no objections, the report was accepted as read and placed on file. CITIZENS REQUESTS - MISCELLANEOUS MATTERS Council" Preside nt Laven informed the group of Clay township residents that the ordinance (Agenda item #27) on annexation of a 237 acre tract of land in the Clay area would not have a public hear- ing tonight but the ordinance will be set for public hearing on January 11, 1970. REPORT FROM AREA PLAN COMMISSION November 19, 1970 The Honorable Common Council City of South Bend County -City Building South Bend, Indiana 46601 Gentlemen: Location: South Side of 3000 block of Edison Rd. The attached rezoning petition of B. M. Saucelo and St. Joseph Valley Nursing Home, Inc. to rezone from "A" Residential Use and "A" Height and Area District to "B" Residential Use and "A" Height and Area District was legally advertised on November 7 and November 14, 1970, and given public hearing on November 17, 1970. After due consideration, it was moved, seconded and unanimously carried that the ordinance be recommended favorably to the Common Council. Yours very truly, Howard Bellinger, /s/ Executive Director HB:eb Attach. There being no objections, the report was accepted as read and placed on file. REGULAR MEETING NOVEMBER 23, 1970 REPORT FROM THE TRANSPORTATION COMMITTEE To the Common Council of the City of South Bend: November 23, 1970 Your Committee, The Transport ion Committee, to whom was referred "The matter of Taxicab Public Liability Insurance Limits," respectfully report that they have examined the matter and that in their opinion, the existing ordinance, Section 6, Ordinance No. 4838 -66, be amended to read: Bodily Injury Liability Limits ........... $ 50,000 per person " 11 11 11 ........... 100,000 per occurrence Property Damage Liability Limits......... 25,000 per occurrence Further, the Committee recommends such amendment to be presented to the Common Council at the December 14, 1970 meeting in ordinance form. /s/ Walter M. Szymkowiak Chairman There being no objections, the report was accepted as read and placed on file. REPORT FROM THE ORDINANCE COMMITTEE To the Common Council of the City of South Bend: November 23, 1970 473 Your Committee, the Ordinance Committee, to whom was referred "AN ORDINANCE AMENDING ORDINANCE NO. 3913, SECTION 7, AND ORDINANCE NO. 4537 -62, SECTION 3, RELATING TO ELECTRIC WIRING STANDARDS." respectfully report that they have examined the matter and that in their opinion, a substitute ordinance will be submitted for the Council's consideration on December 14, 1970. *See note below S/ William W. Grounds Chairman There being no objections, the report was accepted as read and placed on file. (REPORT FROM THE ANNEXATION COMMITTEE To the Common Council of the City of South Bend: November 23, 1970 Your Committee, The Annexation Committee, to whom was referred "a petition for annexation of lands known as the Greenland Corporation Tract, a tract owned by the County (St. Joseph County Commissioners), and a tract that is the Healthwin Property," respectfully report that they have examined the matter and that in their opinion the Ordinance be given First & Second Reading on November 23, 1970 with a public hearing being set for December 14, 1970. A report from the City Engineer's office on the above was provided to the Council on October 19, 1970, and communi= cation with the St. Joseph County Commissioners relative to their concurrence was obtained. /s/ Robert 0. Laven Chairman There being no objections, the report was accepted as read and placed on file. ORDINANCES. THIRD READING ORDINANCE NO. 5246 -70 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA - 1962, SECTION 40 AS AMENDED AND GENERAL ORDINANCE NO. 4990 -68, AND THE ACCOMPANYING MAP THERETO, GENERALLY KNOWN AS THE SOUTH BEND ZONING ORDINANCE BY CHANGING THE CLASSIFICATION OF THE USE DISTRICT FOR A CERTAIN PARCEL OF LAND, AS AMENDED. (18343 South Bend Ave., Vaness St., Site #1) The ordinance was given third reading. Councilman Grounds made a motion for acceptance of the amendments. Councilman Zielinski seconded the motion. Motion carried. 8 ayes, (Councilmen Laven, Reinke, Craven, Grounds, Szymkowiak, Wise, Palmer and Zielinski) 1 nay (Councilman Allen) 0 absent Councilman Grounds made a motion, seconded by Councilman Palmer, for passage of the ordinance as amended. Motion carried. 9 ayes (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak Wise, Palmer and Zielinski) 0 nays, 0 absent. Council- President Laven noted that the Clerk should send a communication to the Area Plan Commission indicating the amendments made on the above ordinance and the following ordinance and requesting a report to the Council on their approval or objections to the amendments. *Note: Council- President Laven stated that many replies have been received from various cities the Clerk sent communications to, asking their usage of the National Electrical Code and any revisions they might have made. He said the other Councilmen are welcome to review them. REGULAR MEETING NOVEMBER 23, 1970 ORDINANCES, THIRD READING ORDINANCE NO. 5247 -70 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA - 1962 SECTION 40, AS AMENDED AND GENERAL ORDINANCE NO. 4990 -68, AND THE ACCOMPANY- ING MAP THERETO, GENERALLY KNOWN AS THE SOUTH BEND ZONING ORDINANCE BY CHANGING THE CLASSIFICATION OF THE USE DISTRICT FOR A CERTAIN PARCEL OF LAND, AS AMENDED. (18401 South Bend Avenue, Vaness St., Site #2) The Ordinance was given third reading. Councilman Grounds made a motion for acceptance of the amendments. Councilman Zielinski seconded the motion. Motion carried. 8 ayes (Councilmen Laven, Reinke, Craven, Grounds, Szymkowiak, Wise, Palmer and Zielinski) 1 nay (Councilman Allen) 0 absent. Councilman Palmer made a motion, seconded by Councilman Palmer, for passage of the ordi- nance as amended.. Motion carried. 9 ayes (Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Wise, Palmer and Zielinski) 0 nays, 0 absent. Councilman Allen said she is forced to vote for the ordinance even though she objects to restric- tions of the amendment. Councilman Laven again reminded the Clerk to notify Area Plan Commission of the amendments of this ordinance and ask for a report back to Council on their approval or objections to the amendment. ORDINANCE NO. 5248 -70 AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE 4990 — CHAPTER 40 OF MUNICIPAL CODE (Formerly Zoning Ordinance 3702) AS AMENDED. (Kensington Farms Subdivision and Crest Manor -- located east of Miami Road) The Ordinance was given third reading. Councilman Reinke made a.motion for passage of the ordi- nance. Councilman Craven seconded the motion. Motion carried. 9 ayes (Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Wise, Palmer and Zielinski) 0 nays, O absent. ORDINANCE NO. 5249 -70 AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE 4990 - CHAPTER 40 OF MUNICIPAL CODE (Formerly Zoning Ordinance 3702) AS AMENDED. (119.66 acres lying between York Rd. & Ironwood Rd, South of Jackson Road, commonly known as 4 -H Fairgrounds) The Ordinance was given third reading. Councilman Zielinski made a motion, seconded by Council- man Szymkowiak, for passage of the ordinance. Motion carried. 9 ayes (Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Wise, Palmer and Zielinski) 0 nays, 0 absent. I ORDINANCE NO. 5251 -70 AN ORDINANCE TO APPROPRIATE $22,819.47 FROM THE LOCAL ROAD AND STREET FUND TO THE ACCOUNT "SERVICES CONTRACTUAL" BEING WITHIN THE LOCAL ROAD AND STREET FUND. Councilman Grounds made a motion to consider this ordinance, #22 on the agenda, before item #21. Councilman Reinke seconded the motion. Motion carried unanimously. The Ordinance was given third reading. Councilman Grounds made a motion, seconded by.Councilman Szymkowiak, for passage of the ordinance. Motion carried. 9 ayes- (Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Wise, Palmer and Zielinski) 0 nays, 0 absent. II ORDINANCE NO. 5250 - -70 AN ORDINANCE TO APPROPRIATE $5,768.45 FROM THE MOTOR VEHICLE HIGHWAY FUND TO ACCOUNT MVH -42, "STREET AND ALLEY MATERIALS." Councilman Craven made a motion to consider this ordinance #21 on the agenda, after item #22. Councilman Grounds seconded the motion. Motion carried unanimously. The Ordinance was given third reading. Councilman Craven made a motion, seconded by Councilman Palmer, for passage of the ordinance, Motion carried. 9 ayes (Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Wise, Palmer and Zielinski) 0 nays, 0 absent. REGULAR MEETING NOVEMBER 23, 1970 ORDINANCES, THIRD READING (Cont'd•) ORDINANCE NO. 5252 -70 AN ORDINANCE APPROPRIATING THE SUM OF $315,000.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND. 475 The Ordinance was given third reading. Councilman Reinke made a motion, seconded. by Councilman Zielinski, for passage of the Ordinance. Motion carried. 8 ayes (Councilmen Laven, Allen, Craven, Reinke, Szymkowiak, Wise, Palmer and Zielinski) 1 nay (Councilman Grounds) 0 absent. Councilman Grounds stated that he objected to the use of this fund for county sewers and he said his district needs sewers also and he believed the money should be used within the city limits for sewers. Councilman Craven objected to the installation of sewer in the Gilmer Park area in view of the remonstrance made by the area residents at the public hearing of the annexa- tion of Gilmer Park. Councilman Laven said that this demonstrates the ability of the City to cooperate with other units and other annexed areas in installing sewers. ORDINANCE NO. 5253 -70 AN ORDINANCE AMENDING SECTION 35 -15 OF THE MUNICIPAL CODE RELATING TO DOWNSPOUTS, AS AMENDED. The Ordinance was given third reading. Councilman Reinke made a motion, seconded by Councilman Allen, to amend the ordinance as follows: The last paragraph in the Municipal Code, Sec. 35 -15, be incorporated in the proposed new ordinance, which is as follows: (c) The provisions of this section shall not apply where a different method of disposing of rain water be ordered by the City Engineer or the Building Commissioner. Motion carried. 7 ayes (Councilmen Laven, Allen, Reinke, Craven, Szymkowiak, Palmer and Zielinski)! 2 nays (Councilmen Wise and Grounds) 0 absent. Councilman Reinke made a motion, seconded by Councilman Allen, for passage of the ordinance as amended. Motion carried. 9 ayes (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Wise, Palmer and Zielinski) 0 nays, 0 absent. ORDINANCE NO. 5254 -70 AN ORDINANCE FOR ADDITIONAL APPROPRIATION FROM THE GENERAL FUND IN THE AMOUNT OF $2,000.00 TO ACCOUNT Q -262, "MEDICAL, SURGICAL & DENTAL," IN THE BUDGET OF THE FIRE DEPARTMENT AND ALL BEING WITHIN THE GENERAL FUND. The Ordinance was given third reading. Councilman Grounds, made a motion, seconded by Councilman Palmer, for passage of the ordinance. Motion carried. 9 ayes (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Wise, Palmer and Zielinski) 0 nays, 0 absent. ORDINANCE NO. 5255 -70 AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION FROM THE GENERAL FUND IN THE AMOUNT OF $22,500.00 TO ACCOUNT B -53, "REFUNDS, AWARDS AND INDEMNITIES" IN THE OFFICE OF THE CITY CONTROLLER. The Ordinance was given third reading. Councilman Craven made a motion, seconded by Councilman Grounds, for passage of the ordinance. Motion carried. 9 ayes (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Wise, Palmer and Zielinski) 0 nays, 0 absent. ORDINANCES, FIRST AND SECOND READING ORDINANCE AN ORDINANCE ANNEXING TERRITORY TO THE MUNICIPAL CITY OF SOUTH BEND, INDIANA, GENERALLY DESCRIBED AS LYING NORTH OF DARDEN ROAD, WEST OF LAUREL ROAD, SOUTH OF AUTEN ROAD AND EAST OF THE ST. JOSEPH RIVER. The Ordinance was given first reading by title and second reading in full. Mr. Otis S. Romine, Clay Township Trustee challenged the validity of the proposed annexation ordinance and claimed the Council had no jurisdiction to act upon the bill in question. City Attorney S. J. Crumpacker stated the Council had the right to act on the ordinance. Council - president Laven stated that Mr. Romine was out of order and that the action taken tonight will not determine the course of the ordinance. Councilman Allen made a motion, seconded by Councilman Reinke, that the Ordinance be given public hearing on January 11, 1971. Motion carried. 9 ayes, 0 nays, 0 absent. REGULAR MEETING NOVEMBER 23, 1970 ORDINANCES, FIRST AND SECOND READING, (Cont'd.) ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA. (South Side 3000 block, East Edison Road) The Ordinance was given first reading by title and second reading in full. Councilman Zielinski made a motion, seconded by Councilman Reinke, that a public hearing be given on the ordinance on December 14, 1970. Motion carried. 9 ayes, 0 nays, 0 absent. I n nTwrawToP AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WATER WORKS OF SOUTH BEND, INDIANA, AND ASSOCIATED REALTY CORPORATION OF SOUTH BEND, INDIANA, FOR PURCHASING OF PROPERTY LOCATED AT 750 CHAPIN STREET, SOUTH BEND, INDIANA, IN THE AMOUNT OF $80,000.00. The Ordinance was given first reading by title. Councilman Craven objected to the second reading, of the ordinance by the Clerk. Councilman Zielinski made a motion, seconded by Councilman Craven, that the ordinance be returned to the Ordinance Committee. Councilman Reinke made a motion, seconded by Councilman Craven, to amend Councilman Zielinski's- motion as follows: the ordinance be returned to the Ordinance Committee and said committee report back to the Council on December 14, 1970 for second. reading. Councilman Reinke's motion to amend was defeated. 4 ayes, 5 nays, 0 absent. Councilman Zielinski's motion carried. 7 ayes, 2 nays, O absent. I RESOLUTIONS RESOLUTION NO. 254 -70 A RESOLUTION FOR TRANSFER OF FUNDS APPROPRIATED FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND BY ORDINANCE NO. 5154 -70 FROM PROJECT III TO PROJECT I IN THE AMOUNT OF $150,000.00. WHEREAS, funds have been appropriated under Ordinance No. 5154 -70 from the Cum- ulative Sewer Building and Sinking Fund for the construction of Projects defined as I, II, III and IV, and WHEREAS, it is now apparent that work cannot proceed on Project III in the immediate future, and WHEREAS, plans have been completed and bids taken for Section B of Project I NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend: Section 1, That the following Project be reduced in the amount set opposite said Project to -wit: Project III (Sampson & Randolph Street Storm Water Detention Basin(#3) ---------- - - - - -- $150,000.00 Section 2. That the following Project be increased in the amount set opposite said Project to wit: Project I (Washington & 36th Street Storm Water Detention Basin (Lagoon K) ---------- - - - - -- $150,000.00 That the transfer of funds as set forth in Sections 1 and 2 are required for the proper and efficient operation and function of the Department of Public Works of South Bend, and an emergency is declared to exist concerning the foregoing transfer. This resolution shall be in full force and effect from and after its passage by the Common Council of the -City of South Bend. /s/ Gerald C. Reinke Member of the Common Council A public hearing was held on the resolution at this time. City Engineer Lloyd Taylor said this proposed transfer doesn't change priority of Clyde Creek - -it is the #1 priority. He said the funds for the Randolph- Sampson project will be restored. He stated that the $150,000 is needed for the Logan J,.a.goon because plans for it have proceeded farther and bids already have been opened for the work. Mr. Andrew Toth, South Bend Architect, asked if there have been any other studies been made other than the Lagoons- for capturing storm water run -off in this area. City En- gineer Taylor replied that three Engineering firms had recommended Lagoons. After much discussio with Mr. Toth, Council- President Laven suggested that Mr. Toth discuss his plan privately with Mr. Taylor. Councilman Craven made a motion, seconded by Councilman Szymkowiak, for the adoption of the resolution. Motion carried. 9 ayes (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Wise, Palmer and Zielinski) 0 nays, 0 absent. REGULAR MEETING NOVEMBER 23, 1970 RESOLUTIONS RESOLUTION NO. 255 -70 A RESOLUTION URGING STRICT ENFORCEMENT OF CERTAIN STATUTES RELATING TO THE PUBLIC PEACE AND SAFETY WHEREAS, there is presently in force in the State of Indiana a statute dealing with disorderly conduct which makes it a criminal offense to act in a loud, boisterous or disorderly manner so as to disturb the peace and quiet of any neighborhood or family, by loud or unusual noise, or by tumultuous or offensive behavior, or by quarreling, challeng- ing to a fight, or fighting; and WHEREAS, there is also presently in force in the State of Indiana a statute dealing with rioting which makes it a criminal offense for three or more persons to do an act in a violent and tumultuous manner; and WHEREAS, there is also presently in force in the State of Indiana a statute dealing with riotous conspiracy which makes it a felony for three or more persons to unite for the purpose of doing any unlawful act in the night time, or while wearing caps, masks, or being otherwise disguised; and WHEREAS, there is also presently in force in the State of Indiana a statute dealing with disturbance of public meetings which makes it a criminal offense for anyone, by any loud or unnecessary talking or yelling, or by any threatening, abusive, profane or obcene language or violent actions, or by any other rude behavior interrupts, molests or disturbs any meeting of persons met together for any lawful purpose; and WHEREAS, there is also presently in force in the State of Indiana a statute dealing with routs or riots which makes it a misdemeanor for three or more persons to meet together to do an unlawful act upon a common cause, and to make advances toward the commis- sion thereof; and WHEREAS, there is also presently in force in the state of Indiana a statute dealing with the carrying of dangerous weapons which makes it a criminal offense to wear or carry concealed a pistol, gun, bowie knife, switch -blade knife, or any knife the blade of which opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife, or any other dangerous or deadly weapon, or to carry any such weapon openly with the intent or avowed purpose of injuring someone; and WHEREAS, there is also presently in force in the State of Indiana, a statute dealing with the obstructing of firemen which makes it a criminal offense to intentionally impede or interfere, or attempt to impede or interfere with any fireman performing his emergency functions or duties as a fireman; and WHEREAS, there is also presently in force in the State of Indiana a statute dealing with resisting or interfering with a police officer which makes it a misdemeanor to forcibly assault, resist, oppose, obstruct, prevent, impede or interfere with any police officer_ while such officer is arresting or attempting to arrest any person, or while such officer is engaged in the execution of any of the duties of a police officer; and WHEREAS, there is also presently in force in the State of Indiana a statute dealing with assaults upon police officers which makes it a felony to draw, use or attempt to use a firearm, deadly or dangerous weapon, or commit a bodily injury upon a police offi- cer, knowing him to be a police officer, when such officer is arresting or attempting to arrest any person, or while such officer is engaged in the execution of any of the duties of a police officer; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana: 1. That in its opinion the prevention of of the public; that such prevention o and the rights of all of the citizens tions of the United States and of the preserved and protected by the strict statutes. crime is in the best interests E crime may best be accomplished as guaranteed by the Constitu- State of Indiana may best be enforcement of existing state 2. That the law enforcement officials of the City and County are urged to put forth great effort in the enforcement of all laws dealing with the preservation of public peace and safety within the City of South Bend, and particularly the foregoing statutes. 3. That the news media cooperate with the-Council in conveying to the public the information that all of-the above described acts are crimes and will be cult with as such in the community. 4. That copies of this resolution be delivered by the Clerk to all officials of the City and County charged with the responsibility for the enforce- ment of the foregoing statutes. /s/ Janet S. Allen Member of the Common Council A public hearing was held at this time on the above resolution. Councilman Allen stated the resolution was to advise the public that the above are crimes and should be dealt with properly. Councilman Laven said there is no objection to peaceful demonstrations, but he (Mr. Thomas Brown, address not given, questioned passing additional, new restrictive laws, Councilman Allen said these laws mentioned in the Resolution are now on the books) REGULAR MEETING NOVEMBER 23, 1970 RESOLUTION NO. 255 -70 (Cont'd.) said the public should be informed of the number of arrests that policemen are making o f people who are breaking the law and committing criminal acts. He said it is time this is brought to the publics attention. Councilman Grounds made a motion, seconded by Councilman Szymkowiak, for the adoption of the resolution. Motion carried. 9 ayes (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Wise, Palmer and Zielinski) 0 nays, 0 absent. RESOLUTIONS RESOLUTION NO. 256 -70 A RESOLUTION FOR AN ADDITIONAL APPROPRIATION TO ACCOUNT P -252 "REPAIRS OF EQUIPMENT" IN THE AMOUNT OF $2,000.00 AND TO ACCOUNT P -262 "MEDICAL SURGICAL AND DENTAL" IN THE AMOUNT OF $500.00, AND THE TRANSFER OF SAID SUMS FROM ACCOUNT P -265 "OTHER CON- TRACTUAL SERVICES ", ALL BEING IN THE SAME CATEGORY IN THE POLICE DEPARTMENT BUDGET AND ALL BEING WITHIN THE GENERAL FUND. WHEREAS, certain extraordinary conditions have developed since the adoption of the existing annual budget so that it is now necessary to appropriate more money than was appropria in the annual budget for the various functions of City Government to meet such extraordinary conditions; and WHEREAS, additional funds are needed by the Police Department for repairs of equipment and for medical, surgical and dental expenses, and to assure the department's ability to properly perform its functions, and WHEREAS, a surplus exists in another account where it is not presently needed and more specifically as follows; to wit: $2,500.00 in Account P -265, "Other Contractual Services." NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana: SECTION I. That the sum of $2,500.00 be transferred from Account P -265 "Other Con- tractual Services" and appropriated to the accounts and in the amounts set forth below: a. Account P -252 "Repairs of Equipment" $2,000.00 b. Account P -262 "Medical, Surgical and Dental" $ 500.00 All of the above accounts are within the General Fund and in the Police Department. /s/ Albert E. Palmer Member of the Common Council A public hearing was held on the resolution at this time. Chief Loren Bussert explained the appropriation was needed for the repair of police cars; of the 57 accidents, 21 were chargeable to the Police Department. He said 27 policemen have been assaulted and injured and the bills are due. Councilman Zielinski made a motion, seconded by Councilman Reinke, for adoption of the resolution. Motion carried. 9 ayes (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Wise and Zielinski) 0 nays, 0 absent. RESOLUTIONS RESOLUTION NO. 257 -70 A RESOLUTION APPROVING CHANGES IN THE NEIGHBORHOOD ASSOCIATION PROGRAM CONTAINED IN THE FIRST YEAR COMPREIIENSIVE PLAN FOR THE CITY DEMONSTRATION AGENCY. WHEREAS, the City of South Bend has executed a Grant Agreement with the United States dated August 3, 1970 under_ which the United States agreed to assist the city in carrying out its comprehensive city demonstration program (Program) and certain projects and activities listed in the Grant Budget of the Grant Agreement; and WHEREAS, the Common Council of the City of South Bend, by Resolution No. 243 -70 adopted July 20, 1970, approved the first year comprehensive plan under said Grant Agreement; and WHEREAS, included as a citizen involvement component of the non - supplemental funded projects enumerated in said first year comprehensive plan was a proposal for the formation and staffing of a Neighborhood Association; and WHEREAS, said Neighborhood Association proposal called for a budget of $49,567, to be paid from funds to be provided by the U. S. Office of Economic Opportunity (O.E.O.); and WHEREAS, the said Office of Economic Opportunity has not been able to make funds available for such purpose and it has now therefore become necessary to look to other sources of funds with which to finance said Neighborhood Association proposal; and WHEREAS, there are and will continue to be unexpended and un- needed balances in the funds earmarked for other programs called for in said first year comprehensive plan sufficient to cover the cost of said Neighborhood Association proposal;.and REGULAR MEETING NOVEMBER 23, 1970 RESOLUTION NO. 257 -70 (Cont'd.) WHEREAS, said unexpended balances are in funds made available by the U. S. Department of Housing and Urban Development (H.U.D.), rather than the Office of Economic Opportunity;, and WHEREAS, the Model Neighborhood Planning Agency Board on November 18, 1970 recommended implementation of the Neighborhood Association proposal of a revised budget of $35,167, for the period from Dec. 1, 1970, through Nov. 39, 1971, utilizing the unused H.U.D. funds; and WHEREAS, the Department of Housing and Urban Development (H.U.D.) in June of 1969 issued a handbook governing Administrative and Legal Policies and Procedures for the Execution Phase of the Model Cities Program, which is identified as CDA Letter No. 8, and further identified as MCGR 3100.8; and WHEREAS, according to paragraph 14b (3) of said CDA Letter No. 8 the addition of a project or activity costing more than $25,000.00 requires local governing body approval; that: NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, SECTION I. The Program is hereby amended to include the material attached hereto and made a part hereof, which constitutes the revised program and budget for the Neighborhood Association adopted by the Model Neighborhood Planning Agency Board on November 18, 1970. SECTION II. The addition in the undertakings to be financed with H.U.D. funds in the amount of $35,167 in connection with said Neighborhood Association proposal, as listed in the said attached material is hereby approved. /s/ Walter M. Szymkowiak Member of the Common Council A public hearing was held on the resolution at this time. Mr. Charles Lennon, Model Cities Director, and Mr. Hughes, Staff Assistant, explained that the one -year program will cost $35,167 in federal funds for salaries for employees. He emphasized that the first year of operation has been a planning stage. Councilmen Szymkowiak, Laven, Wise and Palmer said they would like to see some program or results of the planning stage. Councilman Szymkowiak made a motion, seconded by Councilman Craven, for the adoption of the resolution. Motion carried. 8 ayes (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Wise and Zielinski) 1 nay, (Councilman Palmer) 0 absent. There being no further business to come before the Council, Councilman Allen made a motion, seconded by Councilman Zielinski, for adjournment. Motion carries. Time: 12 :15 a.m. ATTEST: CITY CLERK I /I APPROVED: PRESIDENT