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HomeMy WebLinkAbout08-23-71 Council Meeting MinutesREGULAR MEETING August 23, 1971 REGULAR MEETING August 23, 1971 Be it remembered that the Common Council of the City of South Bend, Indiana, met in the Council Chambers in the County -City Building on Monday, August 23, 1971 at 8:06 P.M. with seven members present, two members absent. The meeting was called to order by Council President Robert 0. Laven. In the absence of Reverend Jack West, Calvary Temple, 3717 South Michigan Street, South Bend, Indiana, the invocation was given by Council President Laven. ROLL CALL PRESENT: Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, and Zielinski. ABSENT: Councilmen Wise and Palmer. (Mr. Laven stated that Councilman Palmer advised that he would be unable to attend the meeting.) RESOLVE INTO THE COMMITTEE OF THE WHOLE Council President Laven entertained a motion to resolve the Council into the Committee of the Whole. Councilman Craven so moved, seconded by Councilman Zielinski. Motion carried. Time 8:10 P.M. COMMITTEE OF THE WHOLE MEETING Be it remembered that the Common Council of the City of South Bend, Indiana, met in the Committee of the Whole in the Council Chambers of the County -City Building on Monday, August 23, 1971 at 8:11 P.M., seven members present, two members absent. The meeting was called to order by Chair- man William W. Grounds who presided. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE 4990 - CHAPTER 40 OF MUNICIPAL CODE (FORMERLY ZONING ORDINANCE 3702) AS AMENDED. (Twyckenham and Edison Road) This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard thereon. Mr. Irving Smith, an attorney, related that approximately one year ago a site plan was presented for certain property to be rezoned. In the interim, additional real estate, dedicated by Notre Dame, has been annexed to the City. It is proposed that a 12 to 14 story motel will be erected on the site (South Bend Avenue and Edison Road) which will be of benefit to the community. On August 3, 1971, the petitioners appeared before the Area Plan Commission, after having complied with their requirements of shrubbery and other requirements, and the plan received favorable acceptance by the Area Plan Commission Board. Councilman Reinke made a motion that this rezoning petition go to the Council as favorable, seconded by Councilman Szymkowiak. Motion carried. ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WATER WORKS AND THE CITY OF SOUTH BEND,_INDIANA, AND CLOW CORPORATION, BENSENVILLE, ILLINOIS, FOR THE PURCHASE OF: I. CAST IRON OR DUCTILE PIPE AND FITTINGS; II. MECHANICAL JOINT GATE VALVES, IN THE TOTAL AMOUNT OF $403.268.43. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard thereon. Mr. William Smurr of the Department of Water Works referred to Resolution 279 -71, passed on July 27, 1971, requesting that an ordinance approving such a contract be prepared approving a two -year contract, as requested by the Council. Councilman Reinke questioned Mr. Robert M. Parker of the City's Law Department as to whether this contract would be valid in lieu of the President's wage freeze, particularly because there is an increase of $1,000.00 in the contract from one year to the next. Mr. Smurr stated the prices were set prior to the President's wage and price freeze, and that a contract has been signed with Clow Corporation. Councilman Laven made a motion that this ordinance go to the Council as favor- able, seconded by Councilman Craven. Motion carried. ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WATER WORKS OF SOUTH BEND, INDIANA AND RANSBERGER'S, INC., OF SOUTH BEND, INDIANA, FOR CLEANING AND PAINTING OF THE 250,000 GALLON ELEVATED STEEL WATER STORAGE TANK AT THE SOUTH FELLOWS STREET BOOSTER STATION, IN THE AMOUNT OF $7,245.00. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard thereon. Mr. William Smurr spoke in favor of this ordinance, stating it was necessary in order to maintain safe and clean water for the City's use. Councilman Craven asked if such maintenance entailed a periodic inspection of this facility by the Council. Mr. Smurr stated that the exterior of the storage tank is good, this cleaning . and painting is for the interior which had not been done during the past ten years. Ten years ago the cost was $8,000 for repairs and one coat of paint, with the idea to have the tank painted again within a shorter span of time. Councilman Laven questioned how citizens in that area would draw water if the tank was pumped out; and it was related that the tank is primarily for storage REGULAR MEETING COMMITTEE OF THE WHOLE (Continued) August zi, 1y /1 ORDINANCE (Continued) and water for the City's use would be drawn directly from the system. Councilman Reinke made a motion that this ordinance go to the Council as favorable, seconded by Councilman Janet S. Allen. Motion carried. ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $4,000.00 FROM THE GENERAL FUND, AND THE TRANSFER OF SAME TO ACCOUNT Q -4301 "REPAIR PARTS ", IN THE FIRE DEPART- MENT BUDGET, ALL BEING WITHIN THE GENERAL FUND. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard thereon. Assistant Fire Chief Richard Busfield, speaking for this ordinance, stated this money was for small equipment, repair parts, etc. The total appropriation was $6,000.00. Chief Busfield stated that last year the department closed the year with a balance of $361.00, after having only two sizable repair bills during that time, but a sizable repair bill could wipe out the entire budget. Councilman Zielinski made a motion that this ordinance go to the Council as favorable, seconded by Councilman Szymkowiak. Motion carried. AN ORDINANCE FOR'AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $2,000.00 FROM THE GENERAL FUND, AND THE TRANSFER OF SAME TO ACCOUNT Q -262, "MEDICAL, SURGICAL AND DENTAL ", IN THE FIRE DEPARTMENT BUDGET, ALL BEING WITHIN THE GENERAL FUND. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard thereon. Chief Busfield stated that presently there is a $500.00 balance in this fund, and that a recent hospital bill of $120.00 is yet un- paid for treatment of injuries incurred during fire fighting. He related that the amount of $2,000.00 should take care of this fund during the rest of this year. Chief Busfield said the City must pay the charges for treatment of injuries incurred to firemen while on duty. Mr. Lloyd Taylor, City Engineer, stated this was a statutory requirement; the State requires we must pay for medical treatment to firemen for injuries received in firefighting. Mr. Bickel agreed and cited a case where a fireman fell through a burning porch roof receiving an injury which resulted in his being placed on disability retirement and the City must meet that obligation also. Mr. Bickel stated that this item is on the budget; this is on the computation for the year's budget because requirements must be considered for an 18 month period, requirements as well as income. Councilman Reinke related that this was two years in a row that an increase was requested for these two items. Mr. Bickel stated this was a difficult budget to estimate. Councilman Reinke then stated it was logical to increase these items by about 50 %. Mr. Bickel replied that they had hoped it would not be necessary to ask for additional amounts. Mr. Reinke then asked if it would be prohibitive to carry insurance to cover such injuries incurred while in the line of duty. Mr. Bickel related that in all other departments City employees are covered by the Workman's Unemployment Insurance, but the Police and Fire departments' employees are not. Councilman Janet S. Allen made a motion that this ordinance go to Council as favorable, seconded by Councilman Zielinski. Motion carried. ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $1,000.00 FROM THE GENERAL FUND TO ACCOUNT B -241, "PRINT- ING, OTHER THAN OFFICE SUPPLIES ", IN THE OFFICE OF CONTROLLER BUDGET, SAID ACCOUNT BEING WITHIN THE GENERAL FUND. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard thereon. Mr. Bickel introduced Mr. Edwin T. Smith, Chairman of the Charitable Solicitations Commission, who said that normally the Commis- sion's secretary, Mr. Jim Leddy, would be present to speak on this ordinance but he was hos- pitalized and unable to do so. By the way of explanation, Mr. Smith quoted from Ordinance No. 4927 -67, ORDINANCE REGULATING THE SOLICITATION OF FUNDS FROM RESIDENTS OF THE CITY OF SOUTH BEND AND PROVIDING PENALTIES WHERE SUCH SOLICITATION HAS BEEN FRAUDULENTLY CONDUCTED OR REPRE- SENTED, AS AMENDED, Section II, last paragraph, as follows: "The Commission shall give to the public full information, from time to time, about its activities and shall publish an annual report analyzing the effectiveness of its regulations and the activities of persons registered under this ordinance." Mr. Smith stated that the Commission was appointed in early February of 1968 and working sessions resulted in such things as making up application forms, report forms, etc. Since July of 1968, as of July 1971, the Commission had 85 meetings, issued 190 permits for applications, and for permits with the stated goals. Permit fees generated to the General Fund were in the amount of $4,318.50. In compliance with Ordinance 4927 -67 and in lieu of moneys generated to the general fund, the amount of $1,000.00 requested in the proposed ordinance is to cover printing costs for the periodic report as spelled out in the above ordinance. The Commis- sion was constructed as a result of the ordinance. South Bend has been referred to as "sucker town, USA "; under the guise of solicitations, fast buck promotors, under the pretext of Chari- table organizations, would operate in our City. South Bend is no longer a target for such oper- ations. Mr. Smith said we have tried to organize solicitations so that drives would not overlap one another whereby each organization would suffer; he cited the hospital fund drive and Notre Dame's Athletic and Convocation Center fund drive which were both held at the same time. Mr. REGULAR MEETING August 23, 1971 COMMITTEE OF THE WHOLE (Continued) ORDINANCE (Continued) Smith stated that the Commission has been funded since its inception and postage costs for mail- ings have been taken care of by the Better Business Bureau, and therefore incurred no expenses to the City. Mr. Smith stated it is now the plan to release such a report annually; this pre- sent report is three years late, and the expenditure will not be as great in the future. Mr. Smith related that the normal mailing by the Chamber of Commerce is 2,500 copies with 500 copies left which can be sent to interested companies and individuals not on the Chamber's regular mail- ing list. He said further that the cost of such a report does not result from the number of copies mailed but is determined by the lay -out. Councilman Laven agreed that the Council spon- sored this legislation in 1967, and complimented Mr. Smith on the good report, but questioned the quantity of 3,000 copies to be mailed as excessive. Mr. Smith again explained that mailing costs would be borne by the Chamber of Commerce. Councilman Laven expressed appreciation for the gra- tuity by the Chamber. Councilman Reinke asked how many members were on the Commission. Mr. Smith replied there were seven members. Councilman Reinke commented it is interesting to note that solicitors must have a permit before campaigns for funds can be initiated, and agreed that for the first report in three years the $1,000 cost did not seem excessive. Mr. Smith explained that the report will give a lot of statistics and will inform the citizens as to where the moneys go; South Bend has a very generous people and such a report should aid them to plan their future giving. Councilman Laven moved for adoption of this ordinance, seconded by Councilman Craven. Motion carried. There being no further business to be considered before the Committee of the Whole, Chairman Grounds entertained a motion to rise and report to Council, so moved by Cou}�'� ilman Allen, seconded by Councilman Reinke. Motion carried. Time 8:48,P.M. „ // ATTES APPROVED: ti/�_ CHAIRMAN REGULAR ETIN - RECO ENED 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, August 23, 1971 at 8:49 P.M. The meeting was called to order by Council President Laven who presided. REPORT OF THE COMMITTEE ON MINUTES Your Committee on the inspection and supervision of the minutes would respectfully report that they have inspected the minutes of the August 9, 1971 regular meeting of the Council and found them correct. They therefore recommend that the same be approved. /s/ Robert O. Laven 7's-T Janet S. Allen 7s-T Albert E. Palmer There being no objections, the report was accepted as read and placed on file. CITIZENS REQUESTS - MISCELLANEOUS MATTERS Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, stated that she would like the following item entered into the records of the Council. In recent days following an accident in which she was struck by a bicycle driven on the sidewalk in the downtown area, she had been assisted by personnel of the police and fire departments whom she found to be courteous, competant, kind, gentle and efficient. She stated that she very much appreciated their assis- tance. Councilman Laven thanked her for the praise to the two departments and commented that he was glad to see her in attendance and to learn that she was recovering well. Helen M. Calvin, M.D., 103 S. Eddy Street, South Bend, Indiana, from the audience, stated that most citizens have been greatly concerned with polution of the air, land and streams but she was concerned with the polution of minds. She greatly objected to any proposal of the stage per- formance of "Hair" being given in South Bend. She further stated that the Morris Civic Audi- torium was a tax supported function and that good tax dollars should not be abused in such a way. Reverend James Murphy, Assistant Pastor of the Christian Center, 19440 Ireland Road, South Bend, Indiana, stated the opposition of his congregation to the stage production "Hair." He stated the play exemplifies teens hooked on drugs, marijuana and harder drugs. He said he felt South Bend should take a stand against this musical production because we do not need this kind of show here. He commented that South Bend is concerned with destruction of growing marijuana plants and should be just as concerned with possible destruction of the healthy minds and bodies of our teens. Mrs. Jane Swan, 2022 S. Swygert Street, South Bend, Indiana, related she was present because she was concerned with the house to house inspection. REPORT FROM CONTROLLER Monthly reports from City Controller July 1971 were given to the Council. be monthly investment reports also. next regular meeting of the Council. REPORT FROM AREA PLAN COMMISSION James A. Bickel for February, March, April, May, June and Councilman Janet S. Allen said it was agreed there would Mr. Bickel promised such reports would be issued at the A report from the Area Plan Commission regarding a proposed ordinance to zone recently annexed property commonly known as the Sample Street (Grant Road) and Mayflower southwest intersection - 215 -71, was read. There being no objections, the report was accepted as read. A report from the Area Plan Commission regarding proposed ordinance to zone recently annexed property commonly known as the Lilac, Darden and Brick Roads vicinity - 214 -71, was read. There being no objections, the report was accepted as read. REGULAR MEETING August 23, 1971 11 REGULAR MEETING - RECONVENED (Continued) II REPORT FROM THE TRANSPORTATION COMMITTEE A report from the Transportation Committee relating to Taxi Cab fares was read. Councilman Laven asked for definition of "gypsy" drivers mentioned in the report. Councilman Grounds stated they are independent drivers with City permits who are in violation of the City Code relating to taxi cabs. Mr. Laven instructed the City Clerk to write a letter to the Board of Works concerning violations committed by these independent drivers and the Clerk agreed to send the above communication. There being no objections, the report was accepted as read. PETITIONS Petition to amend Zoning Ordinance I, the undersigned, do hereby respectfully make application and petition the Common Council of South Bend, Indiana to amend the Zoning Ordinance of South Bend, Indiana as hereinafter re- quested, and in support of this application, the following facts are shown: 1. The property sought to be rezoned is located at the extreme Southeast end of the Broadmoor Shopping Center located on Miami Street and Ireland Road in the City of South Bend, County of St. Joseph, State of Indiana. 2. The property is owned by Broadmoor Shopping Center, Inc. 3. A legal description of the property is as follows: Lots numbered Two Hundred Forty -seven (247), Two Hundred Forty -eight (248), Two Hundred Forty -nine (249), Two Hundred Fifty (250), Two Hundred Fifty -one (251), Two Hundred Fifty -two (252), Two Hundred Fifty -three (253) and Two Hundred Fifty -four (254) as shown on the revised plat of Broadmoor Third (3rd) Section, an addition to the City of South Bend, County of St. Joseph, State of Indiana. 4. It is desired and requested that the foregoing property be rezoned: From "B" Residential Use and "B" Height and Area District To "C" Commercial Use and "C" Height and Area District. 5. It is proposed that the property will be put to the following use and the following building will be constructed: A McDonald's carry -out hamburger drive -in where hamburgers and soft drinks will be dispensed will be constructed on the premises. 6. Number of off street parking spaces to be provided: 30 off street parking spaces. 7. Attached is a copy of: a.) an existing plot plan showing the property and other surround- ing properties; b.) names and addresses of all the individuals, firms or corporations owning property within 300 feet of the property sought to be rezoned; c.) site development plan. /s/ William E. Voor, Jr. Petitioner 620 First Bank Bldg., South Bend, Indiana Attorney in fact for Petitioners Petition prepared by: William E. Voor, Jr. Attorney at Law Councilman Grounds made a motion that this petition be referred to the Area Plan Commission for further study, seconded by Councilman Zielinski. Motion carried. REPORT OF THE COMMITTEE OF THE WHOLE Council President Laven entertained a motion to waive the reading of the Committee of the Whole Reports. Councilman Janet S. Allen so moved, seconded by Councilman Craven. Motion carried unanimously. ORDINANCES, THIRD READING ORDINANCE NO. 5328 -71 AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE 4990 - CHAPTER 40 OF MUNICIPAL CODE (FORMERLY ZONING ORDINANCE 3702) AS AMENDED. (Twyckenham - Edison Road) This ordinance was given third reading. Councilman Reinke moved that the ordinance be passed, seconded by Councilman Szymkowiak. Ordinance passed by a roll call vote of 7 ayes (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak and Zielinski), 0 nays, 2 absent (Councilmen Wise and Palmer). REGULAR MEETING August 23, 1971 REGULAR MEETING - RECONVENED (Continued) ORDINANCES, THIRD READING (Continued) ORDINANCE NO. 5329 -71 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WATER WORKS AND THE CITY OF SOUTH BEND, INDIANA, AND CLOW CORPORATION, BENSENVILLE, ILLINOIS, FOR THE PURCHASE OF: I. CAST IRON OR DUCTILE PIPE AND FITTINGS; II. MECHANICAL JOINT GATE VALVES, IN THE TOTAL AMOUNT OF $403,268.43. This ordinance was given third reading. Councilman Grounds moved that the ordinance be passed, seconded by Councilman Szymkowiak. Ordinance passed by a roll call vote of 7 ayes (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Zielinski), 0 nays, 2 absent (Councilmen Wise and Palmer). ORDINANCE NO. 5330 -71 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WATER WORKS OF SOUTH BEND, INDIANA, AND RANSBERGER'S, INC., OF SOUTH BEND, INDIANA, FOR CLEANING AND PAINTING OF THE 250,000 GALLON ELEVATED STEEL WATER STORAGE TANK AT THE SOUTH FELLOWS STREET BOOSTER STATION, IN THE AMOUNT OF $7,245.00. This ordinance was given third reading. Councilman Reinke moved that the ordinance be passed, seconded by Councilman Szymkowiak. Ordinance passed by a roll call vote of 7 ayes (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, and Zielinski), 0 nays, 2 absent (Councilmen Wise and Palmer). ORDINANCE NO. 5331 -71 AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $4,000.00 FROM THE GENERAL FUND, AND THE TRANSFER OF SAME TO ACCOUNT Q -43, "REPAIR PARTS ", IN THE FIRE DEPARTMENT BUDGET, ALL BEING WITHIN THE GENERAL FUND. This ordinance was given third reading. Councilman Grounds seconded by Councilman Craven. Ordinance passed by a roll Allen, Reinke, Craven, Grounds, Szymkowiak and Zielinski), Palmer). ORDINANCE NO. 5332 -71 moved that the ordinance be passed, call vote of 7 ayes (Councilmen Laven, 0 nays, 2 absent (Councilmen Wise and AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $2,000.00 FROM THE GENERAL FUND, AND THE TRANSFER OF SAME TO ACCOUNT Q -262, "MEDICAL, SURGICAL AND DENTAL ", IN THE FIRE DEPARTMENT BUDGET, ALL BEING WITHIN THE GENERAL FUND. This ordinance was given third reading. Councilman Craven moved that the ordinance be seconded by Councilman Janet S. Allen. Ordinance passed by a roll call vote of 7 ayes men Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, and Zielinski), 0 nays, 2 absent men Wise and Palmer). ORDINANCE NO. 5333 -71 AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $1,000.00 FROM THE GENERAL FUND TO ACCOUNT B -241, "PRINTING, OTHER THAN OFFICE SUPPLIES ", IN THE OFFICE OF CONTROLLER BUDGET, SAID ACCOUNT BEING WITHIN THE GENERAL FUND. passed, (Council - (Council- This ordinance was given third reading. Councilman Grounds moved that the ordinance be passed, seconded by Councilman Szymkowiak. Ordinance passed by a roll call vote of 7 ayes (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak and Zielinski), 0 nays, 2 absent (Councilmen Wise and Palmer). ORDINANCES, FIRST AND SECOND READING nRnTVAWrR AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA - 1962 SECTION 40 AS AMENDED AND GENERAL ORDI- NANCE NO. 4990 -68, AND THE ACCOMPANYING MAP THERETO, GENERALLY KNOWN AS THE SOUTH BEND ZONING ORDINANCE BY CHANGING THE CLASS- IFICATION OF THE USE DISTRICT FOR A CERTAIN PARCEL OF LAND. (Sample Street (Grant Road) and Mayflower southwest intersection.) This ordinance was given first and second reading. Councilman Reinke made a motion that this ordinance be set for public hearing on September 13, 1971, seconded by Councilman Grounds. Motion carried. REGULAR MEETING August 23, 1971 REGULAR MEETING - RECONVENED (Continued) ORDINANCES, FIRST AND SECOND READING (Continued) ORDINANCE 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 ORDI- NANCE BY CHANGING THE CLASSIFICATION OF THE USE DISTRICT FOR A CERTAIN PARCEL OF LAND. (Lilac, Darden and Brick Roads) This ordinance was given first and 2nd reading. Councilman Reinke made a motion that this ordi- nance be set for public hearing on September 13, 1971, seconded by Councilman Craven. Motion carried. ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $20,000.00 FROM THE GENERAL FUND TO ACCOUNT G -53, "REFUNDS, AWARDS AND INDEMNITIES ", IN THE OFFICE OF CITY ATTORNEY, SAID ACCOUNT BEING WITHIN THE GENERAL FUND. This ordinance was given first and 2nd reading. Councilman Reinke made a motion that this ordi- nance be set for public hearing on September 13, 1971, seconded by Councilman Craven. Motion carried. ORDINANCE • AN ORDINANCE CREATING A SINGLE DEPARTMENT OF PARKS AND RECREATION. This ordinance was given first and second reading. Councilman Craven moved that the ordinance be sent to the Park and Recreation Committee to be reported back to Council on October 11, 1971 at the regular Council meeting, after the Committee of Parks and Recreation has held their meet- ing on September 20, 1971 at 7:00 P.M. in the Council Chambers. The motion was seconded by Councilman Grounds. Motion carried. Councilman Reinke inquired of Mr. Robert Parker of the City's Law Department if the ordinance should be changed to read "as amended" since the proposed ordinance gives an effective date of October 1, 1971. Mr. Parker informed the Council that the amendment could be voted on at the time of passage for this ordinance. Council President Laven instructed the Clerk to notify the Department of Parks and Recreation of the aforementioned meeting. ORDINANCE AN ORDINANCE AMENDING SECTION 36 -9, RATES OF FARE OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1962, SAID ARTICLE BEING COMMONLY KNOWN AS THE TAXICAB ORDINANCE. This ordinance was given first and second reading. Councilman Szymkowiak questioned whether this ordinance was subject to the wage freeze, and made a motion to refer this ordinance to the Ordinance Committee for further study. The motion was seconded by Councilman Laven. Motion carried. RESOLUTIONS RESOLUTION NO. 281 -71 RESOLUTION OF THE COMMON COUNCIL OF SOUTH BEND APPROVING NEIGHBOR- HOOD DEVELOPMENT PROGRAM, ANNUAL INCREMENT THEREOF AND FILING OF AN APPLICATION FOR FINANCIAL ASSISTANCE. WHERAS, under Title I of the Housing Act of 1949, as amended "Title I ", the secretary of Housing and Urban Development is authorized to extend financial assistance to local public agencies in the elimination and prevention of the spread of their slums and urban blight through undertakings and activities carried out under a Neighborhood Development Program; and WHEREAS the City of South Bend Department of Redevelopment has prepared and sub- mitted a proposed Neighborhood Development Program and annual increment thereof covering the urban renewal areas described in Schedule A attached thereto; said proposed program and annual increment having been duly reviewed and considered: NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: 1. That the Neighborhood Development Program and annual increment are hereby approv, The City Clerk is hereby directed to file a copy of said program and annual increment with the minutes of this meeting. 2. That it is cognizant of the conditions that are imposed in the undertaking and carrying out of urban renewal activities with Federal financial assistance under Title I, including those relating to (a) the relocation of site occupants, (b) the provision of local grants -in -aid, and (c) the prohibition of discrimination because of race, color, creed, or national origin. REGULAR MEETING August 23, 1971 REGULAR MEETING - RECONVENED (Continued) RESOLUTION NO. 281 -71 (Continued) 3. That the financial assistance available under Title I is needed to enable the City of South Bend Department of Redevelopment to finance the undertakings and activities pro- posed in said program and annual increment. 4. That the City of South Bend Department of Redevelopment is authorized to file an application for financial assistance to carry out the Neighborhood Development Program and the annual increment thereof. /S/ Walter M.Saymkowiak /s/ Frederick D. Craven A public hearing on this resolution was held at this time. Mr. B. Ashenfelter, Executive Direc- tor of the Redevelopment Department explained that at the end of March 1971 a resolution was passed for planning the Southeast Neighborhood development; The Model Cities development then asked for a similar resolution. This proposed resolution combining the two development programs in a joint venture would provide one million dollars in Federal-funds for the first year and a good deal more than that during the second year. He termed the new plan as a new vehicle that combines the joint rehabilitation ventures. He then introduced Mr. Glen Barbe of the Redevelop- ment Department and Mr. Michael Obringer of the Area Plan Commission to answer any questions from the Council or the audience. Mr. Obringer stated this is a City -wide program under which the first year is the Action year and the second year is the Reservation year. Miss Guthrie then questioned how many families would be relocated. It was stated that clearance and rehabi- litation would involve 36 homes in the Southeast section and 28 homes in the Model Cities area at a cost up to $15,000 maximum per home. Mr. Barbe stated this could be handled within 90 days as there are homes available. Mr. Hollis, assistant director of the Model Cities Program, said that the total fund was $1.45 million dollars and Model Cities' share would be $86,217.50 for the second year. Councilman Janet S. Allen stated she felt assurance should be given to the residents that no demolition will take place in the Model Cities program during the Action year. Mr. Barbe related none would take place during the 90 day period. Mrs. Nancy Stokes, secretary of the Project Area Commission for the Southeast Side, read the following letter directed to the Redevelopment Commission. "To: The South Bend Redevelopment Commission to The South Bend Common Council From; The Project Area Committee on the Southeast Side of South Bend, Indiana. Date: August 20, 1971 This is to give the official approval of the Project Area Committee for the applica- tion for funding of a first phase of the Neighborhood Development Program made to the Regional Office of The Department of Housing and Urban Development. This approval is made with some reservation. The Project Area Committee has been given limited opportunity to be involved in any planning for our area. Mr. Ashenfelter in a letter dated August 5, 1971 said "...this letter will certify to you that the boundary lines as shown in the application are not firm and fixed and that the boundaries can be altered during the plan portion of the first action year." The Project Area Citizens intend to be very involved in the planning and to work for their goal of maintaining a neighborhood for our citizens, not so much deciding on what is appropriate now in city planning or what is most beautiful, but what is best for the residents, the renters and home owners who are interested in our neighbor- hood as their home. We are working for maximum rehabilitation and a bare minimum of clearance. This reflects the wishes of the majority of the area residents who in two separate meetings unanimously showed their intention to remain in our community and not move out at the whim of planners. We wish to protect residents from needless heartache and loss. Our values are based on human dignity and the rights of self determination. Because we seek improvement, we give approval to the application as a bond of our intention to work together for the betterment of our neighborhood and the city of South Bend assured that we are not bound to set a plan of demolition and clearance of the area described in the submission, but to the effective use of these funds for their most creative use. The heaviest burden for determination is borne by those whose future is being directly determined. That is the role we accept. -- The Project Area Committee on the Southeast Side of South Bend, Indiana" Mr. Odell Newburn, Chairman of the Model Neighborhood Planning Agency said the agency had had high hopes for the program but the hopes has been dashed and little progress could be reported. Poor housing conditions continue to increase and, with that, health problems have increased. It was the priority to provide better housing but still the people do not have proper housing. The people do not want mass relocation. We have only the word of the Planning Director on this. We ask help from the Council for decent houses if it is decided to adopt the program. Councilman Janet S. Allen asked how much money was spent for planning. She said the Council is entitled to a report on how the money is spent in the Model Cities area. She related that residents were told, when the Model Cities Program was passed, it would be two years before any physical results were seen. She said she even saw reports showing money spent for entertainment and people need housing. Councilman Reinke agreed with Mrs. Allen's comments and said that physical results are always delayed by installation of sewer systems, etc. before residential structures can be erected. Council President Laven addressed Mr. Newburn stating that we have another item on our AZ%JVJJftA M,CM IMki REGULAR MEETING - RECONVENED (Continued) RESOLUTION NO. 281 --71 (Continued) rUL3U�1.. 4 .), i71i. agenda to approve for another year. These resolution delays alluded to by Mr. Newburn are not created by South Bend but by the Federal Government. Councilman Szymkowiak made a motion to adopt the resolution, seconded by Councilman Grounds. Motion carried by a roll call vote of 7 ayes (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak and Zielinski), 0 nays, 2 absent (Councilmen Wise and Palmer). Councilman Craven moved for a 5 minute recess, seconded by Councilman Zielinski. Motion carried. Time 10:37 P.M. REGULAR MEETING - RECONVENED Be it remembered that the Common Council of the City of South Bend, Indiana reconvened, after a five minute recess, in the Council Chambers in the County -City Building on Monday, August 23, 1971 at 10:44 P.M. The meeting was called to order by Council President Robert 0. Laven, who presided. RESOLUTIONS RESOLUTION NO. 282 -71 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING THE SECOND YEAR OF THE CITY OF SOUTH BEND COMPRE- HENSIVE DEMONSTRATION PROGRAM AND AUTHORIZING THE AMENDMENT TO GRANT AGREEMENT WITH THE UNITED STATES OF AMERICA WHEREAS,'the comprehensive city demonstration program (herein referred to as the "Comprehensive Program" for the model neighborhood of South Bend, Indiana, was approved by Resolution No. 243 -70, adopted July 20, 1970; WHEREAS, a grant agreement with the United States of America was executed on August 3, 1970, providing for Federal financial assistance under Title I of the Demonstration Cities and Metropolitan Development Act of 1966; WHEREAS, amendments to the Comprehensive Program were approved by resolution adopted November 18, 1970; WHEREAS, the submission to the Secretary of Housing and Urban Development (herein called the "Secretary ") of a proposed Second Year Action Program, amending the said Comprehensive Program was authorized by resolution adopted April 30, 1971; WHEREAS, the Secretary has approved a Second Year Action Program and has ten- dered a revised grant budget providing for an additional grant; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, that: SECTION I. The Second Year Action Program (which is attached hereto and made a part hereof) including the projects and activities described herein and set forth in the re- vised grant budget tendered by the Secretary, is hereby approved and the Comprehensive Program is deemed amended thereby. SECTION II. The Mayor of the City of South Bend, Indiana is authorized to accept the revised grant budget (which is attached hereto and made a part thereof). SECTION III. The Common Council of the City of South Bend assumes full respon- sibility for assuring that all grant funds will be used in an economical and efficient manner in carrying out the Comprehensive Program, as amended, and assures the necessary non - Federal. share of the cost of Program Administration. SECTION IV. The Mayor of the City of South Bend, Indiana is authorized to do all things necessary to carry out the Comprehensive Program, including the submission of such reports, certifications, and other material as the Secretary shall require (and the approval from time to time of revisions in the grant budget, including revisions which increase the total Federal grant and the necessary non - Federal share of the cost of Program Administration). SECTION V. The Controller, James A. Bickel, 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 VI. This resolution shall be in force and effect immediately upon its passage by the Common Council.of the City of South Bend, Indiana. /s/ Walter M. Szymkowiak Member of the Common Council A public hearing on this resolution was held at this time. Mr. Hollis Hughes of the Model Cities Neighborhood Program spoke on the resolution. This resolution authorizes the City Council to continue with the program. Miss Guthrie questioned this resolution. Councilman Laven related that this cost to the department was in the original budget and the resolution should have been acted upon at that time but was delayed. It first allowed the Mayor to submit the document requesting such funds and the resolution authorizes the Mayor to receive the funds to then be transferred into the program. Councilman Craven moved for adoption of this resolu- tion, seconded by Councilman Szymkowiak. The resolution was passed by a roll call vote of 7 ayes (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak and Zielinski), 0 nays, 2 absent (Councilmen Wise and Palmer.) C 4 _IV REGULAR MEETING August 23 1971 REGULAR MEETING - RECONVENED (Continued) UNFINISHED BUSINESS Council President Laven announced that next Monday, August 30, 1971 at 7 :00 P.M. in the council Chambers of the County -City Building there would be a public hearing on the 1972 Budget and welcomed any and all citizens to attend the hearing. Councilman Janet S. Allen thanked the City Clerk for the report submitted concerning the anti -noise ordinance which showed that arrests of truckers and motorists for loud mufflers, squeeling tires, etc, dropped to five in August from as many as 26 in previous months. The Council requested the Clerk to ask Police Chief Bussert to investigate bicycle - riding on the downtown streets, illegal fruit vendors and hitch - hikers. A bicycle ordinance spells out the boundary of the downtown district where bi- cycles are banned on sidewalks. The Council requested the Clerk to ask Chief Bussert to instruc the meter maids to issue tickets to bicycle violators. NEW BUSINESS None There being no further businyess, new or unfinished to come before the Council, Councilman Janet S. Allen made a motion to adjourn, seconded by Councilman Zielinski. Motion carried. Time 11 :00 P.M. ATTEST: APPROVED: CLERK PRESIDENT