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HomeMy WebLinkAbout09-27-71 Council Meeting MinutesREGULAR MEETING SEPTEMBER 27, 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, September 27, 1971, at 8:14 P.M. with nine members present, none absent. The meeting was called to order by Council President Robert 0. Laven. The Invocation was given by Reverend George W. Phillips, Executive Director of Teens, Inc., 724 W. Washington Avenue, South Bend, Indiana. ROLL CALL PRESENT: Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Wise, Palmer and Zielinski. ABSENT: None 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 30, 1971 special meeting and the September 13, 1971 regular meeting of the Council and found them correct. They therefore recommend that the same be approved. /s/ Robert O. Laven Isl Janet S. Allen Isl Albert E. Palmer There being no objections, the reports were accepted as read and placed on file. CITIZENS REQUESTS - MISCELLANEOUS MATTERS Mr. Robert G. Swanson, 2734 Arrowhead Drive, South Bend, Indiana, President of the Michiana Chapter of the National Paraplegia Foundation, stated that approximately 8 months ago their group met with the Council in an attempt to alleviate barriers for the handicapped in this City. He commented that such people have every right to be employed and educated and buildings should give access to all floors for the handicapped via hand rails, ramps, elevators, electronic doors, etc. He stated that many people suffering from paralysis, arthritis, and other crippling diseases cannot be employed because of stairs and barriers contained in various buildings and he was especially concerned at a report that the- County -City Building was to install revolving doors. To further speak on this problem he introduced Mr. Donald E. Norton, 925 E. Cedar St., South Bend, past - president of the Michiana Chapter of the National Paraplegia Foundation who read the following statement: REGULAR MEETING SEPTEMBER 27, 1971 CITIZENS REQUESTS - MISCELLANEOUS MATTERS (Cont.) "EASTER SEAL SOCIETY FOR CRIPPLED CHILDREN AND ADULTS OF ST. JOSEPH COUNTY, INC." 521 West Colfax Avenue - South Bend, Indiana 46601 MICHIANA CHAPTER OF THE NATIONAL PARAPLEGIA FOUNDATION Good evening, Members of the Common Council. I am serving as spokesman for the Michiana Chapter of the National Paraplegia Foundation sponsored by the Easter Seal Society, A United Way Agency affiliated with the United Health Foundation of St. Joseph County. We come before you to ask, and strongly urge, your help in solving a most ser- ious problem, the problem of making the buildings, both public and private, and the downtown area of our city accessible to the physically handicapped citizens of our community through the elimination of Architectural Barriers. An Architectural Barrier is any feature of the man made physical environment which impedes or restricts the mobility of physically handicapped people. Some of the more common building features which deny the physically handicapped full usage of its facilities are: Steps, narrow doorways, inaccessible restrooms and lack of elevators. Several members of the Council are already familiar with this problem as a re- sult of an informal meeting with our group earlier this year. At that time they seemed most sympathetic to the problem and agreed to look into several specific com- plaints. This summer we met with members of the Downtown Council, who also were made aware of the problem as was the Department of Redevelopment. They listened, agreed that the problem existed, and all said that they couldn't do much about it because of the existing local building codes. Precedents in the area do exist. On August 12, 1968, the Congress of the United States passed a Bill #90 -480 stating that all new buildings or facilities being re- modeled, using Federal money must be Barrier free and accessible to everyone. Volume 1 of the Indiana State Building Code contains a similar law making similar provisions where State money is used. What is needed now is an up- dating of our local Building Codes to comply with these laws and adequate inspection and enforcement of them. Admittedly, many of the Barriers we face today are in older buildings, both pub- lic and private, that were erected long before the idea to eliminate Architectural Barriers came into being, but to continue to follow the archaic course of allowing buildings to be erected or remodeled without making them accessible to all citizens, is shortsighted and discriminatory at best. You may ask just how big a problem is this? Are there really many handicapped persons? Reliable government estimates and projections say that by 1980 over 50% of all U.S. citizens will be physically disabled to some degree. Consider, if you will, the numerous ailments which curtail the mobility of our ever growing segment of our population. We have heart disease, stroke, spinal cord injury, birth defects, blind- ness, multiple sclerosis, multiple dystrophy, arthritis, amputees and emphysema. Figured on a national basis, there are literally millions of disabled, and we have our fair share locally in South Bend and St. Joseph County. You all know some of them. Many, if not most of them, are tax paying citizens. Many dedicated persons are presently engaged in trying to build a new and better South Bend. The Common Council has played a large, though sometimes unpopular, part in these efforts. Why allow all these new changes to be made if all people cannot use and enjoy them equally? Presently, because of Architectural Barriers, the Post Office is unusable to many. The County Court House has been impossible for years. The new LaSalle High School has no elevator to the second floor. Not a theatre in town has a rest room accessible to anyone in a wheelchair. Now, we are to have a Downtown Mall and a new Civic Center. Will the present building codes be allowed to make them outdated and inaccessible before they become a reality? We would hope not. The needed changes in the Building Code would provide some of the following things: 1. Handrails on all stairways. 2. Non -slip floors 3. Lower drinking fountains and telephones for wheelchair users and small children. 4. At least one building entrance at ground level. 5. Thirty -six inch wide, easy opening doors. 6. Level thresholds to buildings and rooms. 7. Sloping ramps, where possible in place of steps. 8. Access to elevators. 9. Eliminate revolving doors, either with electronic doors or those so balanced as to need only slight pressure to open. 10. Ramped or sloping curbs. 11. Smoother sidewalks. These features are practical for all citizens, not just the handicapped. Complete specifications for these and other features are available from the American Society of Architects. Most architects agree that when these features are planned into a building from the start no extra costs are incurred. But, sadly, human nature's resis- tance to change seems to indicate that most of the changes will be made only when it becomes mandatory, and that means up- dating and some changing of our local Building Codes. So in summary, we are asking that you improve and change our local Building Codes and provide meaningful inspection and enforcement of these changes. 0 REGULAR MEETING SEPTEMBER 27, 1971 CITIZENS REQUESTS - MIS:OBLLANEOUS MATTERS (Cont.) We are asking this for the general good and welfare of all citizens, including ourselves. Disability, whatever the degree, plays no favorites. It can and does a affect all levels of our society, but how very much easier life for the disabled, regardless of longevity, will be when their day to day existence is no longer ham- pered by Architectural Barriers. The time to start is now, and your interest and action in changing the local Building Codes is mandatory if improvement for everyone is going to be made. of Thank you. " Further, Mr. Norton asked the Council to check the building codes of the City as regards dis- abled citizens to see if they are being followed. Council President Laven stated that the building is the responsibility of the County Commission- ers; they should be made aware of this request and check to see if the building is in violation of building codes. He then called for a motion to this effect. Councilman Walter M. Szymkowialr made a motion that building codes be checked through the County Commissioners and that a report of the findings be reported to the City Clerk. The motion was seconded by Councilman Palmer. Richard D. Doyle, 720 Park Avenue, South Bend, Indiana, Indiana State Representative, urged the Council to explore the possibility of hiring its own special counsel to prepare court cases to test the constitutionality of State laws that require cities to pay taxes for services provided only to county residents. He said a new state law now allows city councils to hire such coun- sel to give legal opinions on the constitutionality of certain tax levies. He commented that this fact should focus attention of the legislators on the problems of the City. He cited four examples of tax levies on City residents that may violate constitutional standards of fairness: 1) County tax levies for services provided exclusively to residents outside corporate cities and towns, such as police and fire protection, 2) School bus tax levies through the school system which provides services for children exclusively outside corporate cities and towns, 3) The State school bus distribution formula which draws funds from the State general fund for services not available to all qualified residents on an equal basis, and 4) The township poor relief program under which persons in townships with large numbers of poor people are taxed proportionately higher than taxpayers who happen to live in wealthier townships in the same county. Mr. Doyle said he and other St. Joseph County legislators fought such inconsistencies in the last General Assembly and will do so again in the next one. Council President Laven requested that Mr. Doyle send a written request to the City Clerk which we can refer for action within a reasonable time. Mr. Doyle agreed. Councilman William W. Grounds commended Repre- sentative Doyle on taking the time to check into these bills and present them before the Coun- cil in an effort to supply some tax relief to the citizens. Mr. William Malec, 27795 Early Road, South.Bend, Warren Township Trustee took issue with Repre- sentative Doyle's claim that South Bend taxpayers are subsidizing county residents. He cited examples, such as poor relief, police and fire protection, in which townships are paying their own way. Council President Laven explained that he felt Mr. Doyle was not intending to put down the responsibilities of the county services, but interested in putting an end to dupli- cation of taxes. REPORT FROM AREA PLAN COMMISSION A report relating to zoning property at 3012 East Edison Road was read by the Clerk as follows: It September 22, 1971" The Honorable Common Council of the City of South Bend County -City Building South Bend, Indiana Gentlemen: Re: Rezoning petition of John K. Wilson and Effie Knappen - 3012 E. Edison The attached rezoning petition originated by John K. Wilson and Effie Knappen was legally advertised on September 11 and 18, 1971 and was given public hearing on Tuesday, September 21, 1971. The following action was taken at that hearing: After due consideration, it was moved, seconded and unanimously carried that the ordinance and site plan be recommended favorably to the Common Council of the City of South Bend. Excerpts from the minutes of the Area Plan Commission meeting will be for- warded to you at a later date. Very truly yours, /s/ Howard Bellinger Howard Bellinger, Executive Director HB:eb "Attach. There being no objections, the report was accepted and placed on file. m 63' REGULAR MEETING SEPTEMBER 27, 1971 REPORT FROM AREA PLAN COMMISSION (Cont.) A report relating to zoning property recently annexed and commonly called Kensington Farm Sub- division, Third Section, Part 2, was read by the Clerk, as follows: of The Honorable Common Council of the City of South Bend County -City Building South Bend, Indiana Gentlemen: September 23, 1971" Re: Zoning ordinance originated by the Area Plan Commission to zone property recently annexed and commonly called Kensington Farm Subdivision, Third Section, Part 2. The attached zoning ordinance originated by the Area Plan Commission of St. Joseph County was advertised for public hearing on September 11 and 18, 1971 and a public hearing was held on Tuesday, September 21, 1971, at which time the following action was taken: After due consideration, it was moved, seconded and unanimously carried that the ordinance be recommended favorably to the Common Council of the City of South Bend subject to the finalization of the annexation. Excerpts from the minutes of the Area Plan Commission meeting will be for- warded to you at a later date. Very truly yours, /s/ Howard Bellinger Howard Bellinger, Executive Director /eb "Attach. There being no objections, the report was accepted and placed on file. IF A report relating to zoning property at 2417 East Edison Road for a proposed postal substation was read by the Clerk, as follows: " September 22, 1971 " The Honorable Common Council of the City of South Bend County -City Building South Bend, Indiana Gentlemen: Re: Zoning ordinance originated by the Area Plan Commission to zone property at 2417 East Edison Road for a proposed postal substation. The attached zoning ordinance originated by the Area Plan Commission of St. Joseph County was advertised for public hearing on September 11 and 18, 1971 and a public hearing was held on Tuesday, September 21, 1971 at which time the following action was taken. After due consideration, it was moved, seconded and unanimously carried that the ordinance be recommended favorably to the Common Council of the City of South Bend. Excerpts from the minutes of the Area Plan Commission meeting will be forwarded to you at a later date. Very truly yours, /s/ Howard Bellinger Howard Bellinger, Executive Director /eb "Attach. It There being no objections, the report was accepted and placed on file. REPORT FROM THE CONTROLLER A report from City Controller James A. Bickel showing expenditures for the month of August 1971 was given to the Council. Councilman Janet S. Allen requested that investment reports, which had been promised to the Council previously, be submitted through the City Clerk's Office to bring the Council up to date on all City funds received therefrom. The Clerk agreed to contact Mr. Bickel concerning said reports. • REGULAR MEETING REPORT FROM PARK AND RECREATION COMMITTEE SEPTEMBER 27, 1971 A report on an ordinance creating a single department of parks and recreation was given. Councilman Szymkowiak reported that the ordinance was originally reported as unfavorable by the Committee; and was then put back into Committee for further study. REPORT FROM THE ANNEXATION COMMITTEE "Your Annexation to whom was referred an ordinance annexing territory to the municipal city of South Bend, Indiana, described as lying generally west of Hickory Road, South of the Toll Road, East of Ivy Road and North of the present city limits recommends the passage of the ordinance by the Common Council, subject to amendment of the legal description. Attached hereto and made a part thereof this recommendation is the statistical data sheet, a map of the area in question, time table for the rendering of city services, prepared by the City Engineer and a certification of the board of Public Works & Safety as to the ordinance meeting the legal requirements for annexation. The committee further advises that on Thursday, September 23, 1971, public hearing was held by the Annexation Committee at the Morris Civic Auditorium. The arguments were ably presented by both sides at this meeting. The attorney for the owners of the property within the proposed annexed area requests a public hearing be held before the Committee of the Whole Council and also requests a postponement of such public hearing to a later date. It is our opinion that this would serve no useful purpose therefore, we recommend the above request be denied. /s/ Robert O. Laven, Chairman" There being no objections, the report was accepted as read and placed on file. REPORT OF THE COMMITTEE OF THE WHOLE Council President Laven entertained a motion to waive the reading of the report of the Com- mittee of the Whole. Councilman Palmer so moved, seconded by Councilman Grounds. Motion carried unanimously. ORDINANCES, THIRD READING ORDINANCE NO. 5339 -71 AN ORDINANCE ANNEXING TERRITORY TO THE MUNICIPAL CITY OF SOUTH BEND, INDIANA, DESCRIBED AS LYING GENERALLY WEST OF HICKORY ROAD, SOUTH OF THE TOLL ROAD, EAST OF IVY ROAD AND NORTH OF THE PRESENT CITY LIMITS, AS AMENDED. (Maple Lane) This ordinance was given third reading. Councilman Gerald C. Reinke made a motion for adoption of a proposed amendment to this ordinance, and the motion was seconded by Councilman Grounds. There was a discussion as to the reason for the change and Mr. Lloyd Taylor, City Engineer, was asked to clarify same. Mr. Taylor explained there was a previous annexation of property in a nearby area which the residents appealed and the matter was taken to court. The change was on the West boundary which excludes Rosemary Lane. Mr. Taylor showed a map clarifying the pro- posed boundaries. Council President Laven then asked for a show of hands from those in favor of the amendment to the proposed ordinance. The vote was 5 ayes and 4 nays; the amendment was adopted. Council President Laven then entertained a motion on the ordinance and Councilman Reinke made a motion that the ordinance, as amended, be passed. Councilmen John V. Wise and Janet Allen called a point of order. Councilman Janet Allen stated that the Council had not received a report from the Committee of the Whole concerning this ordinance. Council President Laven stated that the first and second reading and a public hearing on the ordinance were held on Thursday, September 23, 1971 and it was asked for a report back to the Council at this par- ticular meeting (September 27) for the third reading, asked City Attorney Shepard J. Crum - packer if this was correct. Mr. Crumpacker confirmed said action had taken place. President Laven then called for the pleasure of the Council on this ordinance and Councilman Reinke made a motion that the ordinance, as amended, be passed, seconded by Councilman Grounds. Councilman Wise made the statement that originally he had been an advocate of annexation if it was done in an orderly fashion. He said there was nothing orderly about this annexation and further stated there was no great rush. He commented he believed they had gone about as far they could con- cerning annexation and if this ordinance was passed, he felt the Council should explain to his constituants in the 4th District why they are not getting the services promised. He repeated he was against this annexation because it is not being done in an orderly manner. Councilman Reinke commented upon the school tax levy; the assessed valuation of Clay Township is $35,724.00 with the 1971 school tax levy of $4.80 which brings the school tax to $1,714,766.00 leaving $1,579,340.00 to be paid by South Bend; this is an unfair burden on the City of South Bend. He commented on the Penn - Harris school system in Mishawaka stating that they are not included on the city tax rate. Some 10 years ago when the referendum was voted on, Clay Township voted against joining the school system of South Bend but now they are included and the educational system of Clay Township is on the same level as that of South Bend and, in addition, Clay students require bussing, which the City will continue to do. He stated he supported the annexation. Councilman Janet Allen said she did not favor this annexation. She felt there should be no further annexations until adequate services could be provided to those areas al- ready annexed. She commented this was a most confused annexation ordinance and that the bound- aries had been changed 3 times already and the small increase in revenue to the City was not feasible grounds for this annexation. Council President Laven then asked Council Vice President John Wise to take the Chair as he wished to make a statement pertinent to the discussion. Vice �RE REGULAR MEETING SEPTEMBER 27, 1971 ORDINANCES, THIRD READING ORDINANCE NO. 5339 -71 (Cont.) President Wise assumed the Chair. Mr. Laven asked Mr. Taylor to clarify the boundaries of the proposed annexed area as stated at the public hearing the previous Thursday and asked speci- fically if Douglas Road was included in this annexation. Mr. Taylor read the following descrip- tion, "An area encompassed on the north by the Indiana Toll Road and Douglas Road, on the east by Hickory Road extended, on the south by the existing city limits, and on the west by a line approximately 216 feet west of the center line of Ivy Road." Councilman Laven said he would like to answer the charge of "piece meal annexation." He said there have been 21 annexations in the past 4 years and we will have to admit this is a piece of the puzzle. Area Plan Com- mission studies have been used in working toward annexation; it is an organized effort to ex- pand the City's boundaries and a step toward increasing our revenue. With the 21 annexations, we should expect some $750,000 in revenue to South Bend, if we are out of court; it will be well to keep this in mind. He passed a map of the City among the Council members asking them to pick out the City's boundaries, saying that he could not. He commented on the suggestion by the attorney for the remonstrators that the Council ought to slow down because there are only 90 days left in the present administration. He considered this an insult to what the Council had been attempting to do and is not indicative of what we have tried to do. In taking the oath of office he said he understood his term was for 4 years, not 3 years and 9 months. He, cited the urban renewal and model cities projects, the parking garages, etc. which have been in the best interests of the community. He said if this is wrong the next Council can undo what we have done and see what it can do. He commented that it is up to the Council to do what is reasonable and prudent, as was done in the past 4 years; and we have the legal and moral right to see that we have neat and orderly annexation. Vice President Wise then asked to relinquish the Chair in order to make a comment and President Laven resumed the Chair. Councilman Wise said he objected to being referred to as a lame duck, he felt the annexation is wrong, and he would not tolerate being called stupid because of his feelings in this matter. Councilman Janet Allen stated that in adding up the revenue of $750,000, if we are out of court, why not add up the cost of annexation in services and asked if there were specific figures on the cost. Councilman Laven said the cost of sewers, taking it on the high side, plus the cost of provid- ing services would be between $600,000 and $625,000. Councilman Allen replied that no matter where you get the money, $125,000 would not be a great increase in revenue over the past 4 years; every time you annex you have a larger area to service and taxes have gone up. The motion being made and seconded, prior to the lengthy discussion, Council President Laven called for a roll call vote on the ordinance. The ordinance passed by a roll call vote of 6 ayes (Councilmen Laven Reinke, Craven, Grounds, Palmer and Zielinski), 3 nays (Councilmen Janet Allen, Szymkowiak and Wise), 0 absent. Councilman Wise made a motion for a 5 minute recess, seconded by Councilman Palmer. Motion carried. Time 9:30 P.M. REGULAR 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, September 27, 1971 at 9:40 P.M. after a short recess, with all members present. The meeting was called to order by Council President Laven who presided. ORDINANCES, FIRST AND SECOND READING ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION FROM THE MOTOR VEHICLE HIGHWAY FUND IN THE AMOUNT OF $89,200.00 TO ACCOUNT MVH -42, "STREET AND ALLEY MATERIALS" IN THE MOTOR VEHICLE HIGHWAY FUND. This ordinance was given first and second reading. Councilman Szymkowiak made a motion that this ordinance be set for public hearing on October 11, 1971, seconded by Councilman Frederick D. Craven. Motion carried. ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $7,000.00 FROM THE GENERAL FUND TO ACCOUNT H -214, "TELEPHONE AND TELEGRAPH ", IN THE OFFICE OF THE BOARD OF PUBLIC WORKS AND SAFETY BUDGET, SAID ACCOUNT BEING WITHIN THE GENERAL FUND. This ordinance was given first and second reading. Councilman Grounds made a motion that this ordinance be set for public hearing on October 11, 1971, seconded by Councilman Craven. Motion carried. RESOLUTION FROM THE BOARD OF PUBLIC WORKS AND SAFETY "TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: " The Bca rd of Public Works and Safety of th Indiana has requested that funds in an amount not to Thirty Thousand Dollars ($2,030,000) be provided for purchase of certain improved real property, known as for use in conjunction with the adjoining city -owned the Civic Auditorium, for use as an auditorium and a e City of South Bend, exceed Two Million the acquisition by the Palais Royale, property known as public hall for REGULAR MEETING REGULAR MEETING - RECONVENED (Cont.) ORDINANCES, FIRST AND SECOND READING (Cont.) RESOLUTION FROM THE BOARD OF PUBLIC WORKS AND SAFETY (Cont.) SEPTEMBER 27, 1971 "assemblies, exhibits, conventions, entertainments, and for recreational and other lawful purposes, governmental and corporate or proprietary, and the remodeling and improvement of such buildings for such purposes, including but not limited to the installation of heating, ventilating and air- condi- tioning equipment; the acquisition, improvement and development of land as a site for a civic center; the construction of streets, curbs, sidewalks, and sewers, including the acquisition of any necessary land, easements and rights -of -way in connection therewith; and, to the extent of funds remaining, the acquisition of land as a site for and the construction and equipment of a fire station; together with the expenses in connection with all of the foregoing including engineering, architectural, appraisal, abstracting, title insurance, and legal fees, and the expenses and legal fees incidental to the issuance of bonds therefor. In order to provide funds for said purposes it will be necessary to authorize, issue and sell bonds of the City of South Bend in an amount not to exceed Two Million Thirty Thousand Dollars ($2,030,000) and I am submitting herewith a form of ordinance drawn for that purpose. Dated this 27th day of September , 1971. Respectfully submitted, /s/ James A. Bickel City Controller The above resolution was read by the City Clerk Kathryn L. Blough. Council President Laven asked the purpose of this resolution. F. Jay Nimtz and Arthur W. Frisk, bond attorneys, said the resolution is introduced in support of a proposed ordinance to authorize a $2,030,000 bond issue, part of which would be used for the purchase of the Palais Royale Building. Councilman Reinke asked what the requirements are so that this can be read, and he questioned the absence. of the petition bearing signatures of taxpayers who want the bond issue. Mr. Nimtz explained that the resolution must be introduced prior to the first reading of the proposed ordinance, and cited State statutes which showed it is not necessary to file the signed petition until the time of the public hearing on the ordinance. Mr. Nimtz further stated that he resented the implication that any subt:etfuge was intended in the filing of this petition. He said there are certain procedures that must be followed and that they have been followed. These are not procedures instigated by the attorneys but by the Administration. He cited the following from Burns Indiana Statutes 64 -1910, Clause (d), "no tax levies or rates to meet the principal and interest of any obligations hereafter issued under clause (d) of section six 64 -1909 hereof shall be made .'. Article 64 -1909 was not readily available and.Councilman Wise made a motion for a brief recess until it could be located. The motion was seconded by Councilman Raymond Zielinski. Motion carried. Time 9:52 P.M. REGULAR MEETING - RECONVENED Be it remembered that the Common Council of the Council Chambers in the County -City Building on a very brief recess, with all members present. President Laven who presided. City of South Bend, Indiana reconvened in the Monday, September 27, 1971 at 9:56 P.M. after The meeting was called to order by Council Mr. Frisk then read from Burns Indiana Statutes 1961, Vol. 11, Part 3, Article 64 -1909, Section (d), "to meet the interest and principal upon any other obligations hereafter issued which in their issuance have been petitioned for and issued in-' accordance with the provisions of this act." Mr. Frisk said, in accordance with the above, this has not been petitioned for as yet. The petition by the 50 signers must be approved by the Council and it can be sub- mitted any time before the ordinance is signed by the Mayor and before any bonds are issued. He said the petition will be submitted first to the Auditor, checked and verified, and then submitted to this Council. Mr. Frisk suggested that, if so desired, the Council could turn this matter into a public hearing as it had been introduced right now before the Council; or set the public hearing for another date. Council President Laven commented that he knew Mr. Feeney in the audience was anxious to speak on this matter and asked for a show of hands whether or not to allow Mr. Feeney to speak at this time. A show of hands indicated 5 ayes and 4 nays and the Chair recognized Mr. F. Gerard Feeney, a South Bend attorney, representing Mr. Patenude and McDonald Studio remonstrating against this particular ordinance. Mr. Feeney introduced Mr. Carl Leibowitz representing Mark's Restaurant. As building tenants, both clien were remonstrating against this proposed ordinance. ORDINANCE, FIRST AND SECOND READING ORDINANCE AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING THE ISSUANCE AND SALE OF BONDS OF SAID CITY IN ORDER TO PROVIDE FUNDS FOR THE COST OF ACQUISITION BY PURCHASE OF CERTAIN IMPROVED REAL PROPERTY, KNOWN AS THE PALAIS ROYALE, FOR USE IN CONJUNCTION WITH THE ADJOINING CITY -OWNED PRO- PERTY KNOWN AS THE CIVIC AUDITORIUM, FOR USE AS AN AUDITORIUM AND A PUB- LIC HALL FOR ASSEMBLIES, EXHIBITS, CONVENTIONS, ENTERTAINMENTS, AND FOR RECREATIONAL AND OTHER LAWFUL PURPOSES, GOVERNMENTAL AND CORPORATE OR PROPRIETARY, AND THE REMODELING AND IMPROVEMENT OF SUCH BUILDINGS FOR SUCH PURPOSES, INCLUDING BUT NOT LIMITED TO THE INSTALLATION OF HEATING, VENTILATING AND AIR - CONDITIONING EQUIPMENT: THE ACQUISITION, IMPROVEMENT AND DEVELOPMENT OF LAND AS A SITE FOR A CIVIC CENTER: THE CONSTRUCTION OF STREETS, CURBS, SIDEWALKS, AND SEWERS, INCLUDING THE ACQUISITION OF ANY NECESSARY LAND, EASEMENTS AND RIGHTS -OF -WAY IN CONNECTION THEREWITH; REGULAR MEETING SEPTEMBER27, 1971 REGULAR MEETING - RECONVENED __(Cont.) ORDINANCES, FIRST AND SECOND READING (Cont.) ORDINANCE (Cont.) AND, TO THE EXTENT OF FUNDS REMAINING, THE ACQUISITION OF LAND AS A SITE FOR AND THE CONSTRUCTION AND EQUIPMENT OF A FIRE STATION; TOGETHER WITH THE EXPENSES IN CONNECTION WITH ALL OF THE FOREGOING INCLUDING ENGINEER- ING, ARCHITECTURAL, APPRAISAL, ABSTRACTING, TITLE INSURANCE, AND LEGAL FEES, AND THE EXPENSES AND LEGAL FEES INCIDENTAL TO THE ISSUANCE OF SAID BONDS. This ordinance was given first reading by title by the City Clerk, and second reading in its entirety by Mr. Nimtz. Councilman Grounds made a motion that this ordinance be set for public hearing on October 11, 1971, seconded by Councilman Palmer. Motion carried. Council President Laven then asked to be excused due to a private business matter and relin- quished the Chair to Council Vice President John Wise. Time 10:30 P.M. nRnTNANrR AN ORDINANCE TO APPROPRIATE $134,852.00 FROM THE LOCAL ROAD AND STREET FUND TO THE ACCOUNT "SERVICES CONTRACTUAL" WITHIN THE LOCAL ROAD AND STREET FUND. 641 This ordinance was given first and second reading. A motion was made by Councilman Grounds that this ordinance be set for public hearing on October 11, 1971, seconded by Councilman Szymkowiak. Motion carried. ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $71,500.00 FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND TO ACCOUNT 261, "OTHER CONTRACTUAL SERVICES ", SAID ACCOUNT BEING WITHIN THE CUMULATIVE CAPITAL IMPROVEMENT FUND. This ordinance was given first and second reading. Councilman Palmer made a motion that this ordinance be set for public hearing on October 11, 1971, seconded by Councilman Reinke. Motion carried. ORnTNAWrR AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $1,500.00 FROM THE GENERAL FUND TO ACCOUNT W -37, "OTHER SUPPLIES ", IN THE RADIO DEPARTMENT, SAID ACCOUNT BEING WITHIN THE GENERAL FUND. This ordinance was given first and second reading. Councilman Palmer made a motion that the ordinance be set for public hearing on October 11, 1971, seconded by Councilman Craven. Motion carried. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA. (Commonly known as 3012 East Edison Road) This ordinance was given first and second reading. Councilman Reinke moved that the ordinance be set for public hear,_ng on October 11, 1971, seconded by Councilman Craven. Motion carried. 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. (Commonly known as Kensington Farms subdivision, Third Section, Part 2) The ordinance was given first and second reading. Councilman Reinke made a motion that this ordinance be set for public hearing on October 25, 1971. The motion was seconded by Councilman Grounds. Motion carried. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO. 4990 - CHAPTER 40 OF THE MUNICIPAL CODE (FORMERLY ZONING ORDINANCE NO. 3702) (Commonly known as 2417 East Edison Road) This ordinance was given first and second reading. Councilman Grounds moved the ordinance be set for public hearing on October 25, 1971, seconded by Councilman Craven. Motion carried. REGULAR MEETING REGULAR MEETING - RECONVENED (Cont.) RESOLUTIONS RESOLUTION NO. 283 -.71 SEPTEMBER 27, 1971 A RESOLUTION FOR TRANSFER OF FUNDS IN THE GENERAL PARK FUND - $11,900.00. ALL TRANSFERS ARE BEING MADE IN THE SAME BUDGET CLASSIFICATIONS WITHIN THE GENERAL PARK FUND WHEREAS, certain extraordinary conditions have developed since the adoption of the existing annual budget so that it is now necessary to transfer money from one account to another in the same category in the annual budget for various functions of the Depart- ment of Public Parks to meet such extraordinary emergencies and WHEREAS, it has been ascertained that certain accounts in the Park General Fund have more money than is needed at this time NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend: Section 1. That the following accounts be reduced in the amounts set opposite said account to -wit: Acct. No. Classification 11 Services Personal 312 Supplies 322 Supplies 333 Supplies 373 Supplies 43 Materials 63 Current Obligations Item Salaries Fuel Oil Oil & Lubrication Other Institutional & Medical Recreation Supplies Repair Parts Retirement Section 2. That the following accounts be increased in the amounts set opposite said account to -wit: Acct. No. Classification 12 Services Personal 321 Supplies 372 Supplies 442 Materials 64 Current Obligations Item Wages Gasoline Zoo Feed General Park Materials Employees Group Insurance Amount $ 4,000.00 1,500.00 1,000.00 500.00 700.00 800.00 3,400.00 $11,900.00 Amount $ 4,000.00 3,000.00 700.00 800.00 3,400.00 $11,900.00 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 Parks of South Bend and an extraordinary 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/ Walter M. Szymkowiak Member of the Common Council Council Vice President John Wise announced that the public hearing on this resolution would be held at this time. Mr. James Seitz, Superintendent of the Park Department, referred to the following letter which he submitted to the Council. Department of Public Parks Administration Building St. Louis Boulevard at Wayne Street South Bend 17, Indiana September 15, 1971 Mr. Robert Laven, President South Bend Common Council County -City Building 217 West Jefferson Boulevard South Bend, Indiana Dear Mr. Laven: The Park Department is requesting the enclosed resolution for the transfer of funds in the.General Park Fund. All transfers are being made within the same Budget classifications. We are.transferring $4,000.00 from Account 11, Salaries to Account 12, Wages. There is a $4,000.00 surplus in Account 11 because the job of Assistant Park Superintendent was not filled until July. We need money in Account 12 be- cause of the $10,000.00 reduction in Account 12 made by the Common Council at the budget hearing last year. (continued on next page) �L REGULAR MEETING SEPTEMBER 27, 1971 u REGULAR MEETING - RECONVENED (Cont.) RESOLUTION NO. 283 -71 (Cont.) "We are transferring $1,000.00 from Account 322, Oil & Lubrication; $1,500.00 " from Account 312, Fuel Oil and $500 -00 from Account 333, Other Institutional & Medical. There is a surplus in these accounts because of better purchasing practices and other favorable conditions that have existed during the year. The total of the above accounts $3,000.00 is being transferred into account 321, Gasoline. The shortage in the gasoline account is due to under budgeting, more vehicles and slightly higher price for gasoline. The Park Department has received over $2,283.00 from the State Auditor in gasoline tax refund (non - highway use which we pay eight cents a gallon tax on) which money has been deposited in the General Park Fund. Other transfer: Account 373, Recreation Supplies - $700.00 to Account 372, Zoo Feed. Increased prices in zoo feed (corn, hay, horse meat, etc.) and under budgeting has caused the shortage in Account 372, Zoo Feed. A surplus in Account 373, Recreation Supplies because of high inventory of supplies on hand at this time. Account 43, Repair Parts - $800.00 to Account 442, General Park Materials. A surplus in Account 43 because of less breakdowns in equipment and in better preventive maintenance programs. The shortage in Account 442, General Park Materials is due partly to our renovation at Potawatomi Zoo. The purchases of paint, lumber, pipe, fixtures, valves, couplings, etc. has caused the shortage. Account 63, Retirement Fund - $3,400.00 to Account 64, Hospital Insurance. The retirement fund, a new account last year, was esti- mated a little higher than will be actually needed for this years retirement payments. The shortage in Account 64, Employees Group Insurance is due to the increasing of insurance rates and the fact that life insurance was not figured in the appropriation when the 1971 budget was submitted to the Common Council. JRS : kb cc: All Members of the It Common Council Very truly yours, DEPARTMENT OF PUBLIC PARKS /s/ James R. Seitz, Superintendent 11 Councilman Szymkowiak moved for adoption of this resolution, seconded by Councilman Zielinski. The resolution was passed by a roll call vote of 8 ayes, 0 nays, 1 absent (Councilman Laven.) RESOLUTION NO. 284 -71 RESOLUTION FOR CODE ENFORCEMENT GRANT APPLICATION FOR NORTHEAST NEIGHBORHOOD NOW KNOWN AS PROJECT IND. E -3 WHEREAS Section 117 of the Housing Act of 1949, as amended, authorizes the Secretary of Housing and Urban Development to make grants to municipalities and counties to assist them in carrying out programs of concentrated code enforcement in deteriorated or deteriorating areas in which such enforcement, together with certain public improvements to be provided by the locality may be expected to arrest the decline of the area; and WHEREAS it has been found and determined by this body that there exists in this locality certain deteriorated or deteriorating areas for which a program of concentrated code enforcement, com- bined with certain public improvements, may be expected to arrest the decline of the area; and WHEREAS it is recognized that the grant of funds pursuant to Section 117 will impose certain regulations and responsibilities upon the City of South Bend, among which is the obligation to assure that any person who may be displaced as a result of the code enforcement and public im- provements programs are relocated into decent, safe, and sanitary housing in accordance with the regulations of the Department of Housing and Urban Development; and WHEREAS Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color or national origin under any program or activity receiving Federal financial assistance and Executive Order 11063 prohibits discrimination on basis of race, color, creed or national origin in sale, lease, or other disposition of residential property (including land intended for residential use) or in the use or occupancy thereof: NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: 1. That this Council supports and favors the filing of an application with the Department of Housing and Urban Development on behalf of the City of South Bend for a code enforcement grant under Section 117 of the Housing Act of 1949, as amended, of two- thirds of the project cost of undertaking and carrying out a code enforcement program, which project cost not including re- location payments and rehabilitation grants, is now estimated to be Nine Hundred Sixty -Eight Thousand, Four Hundred and Nineteen Dollars ($968,419.00), in an area or areas to be designated and specially described in such application as Northeast Neighborhood now known as Project IND. E -3 and that the Mayor is hereby authorized to execute and file such application, and to execute such contract or contracts as may be necessary for the grant applied for. (Continued on next page) O W . . REGULAR MEETING SEPTEMBER 27, 1971 REGULAR MEETING - RECONVENED (Cont.) RESOLUTION NO. 284 -71 (Cont.) 2. That the City of South Bend Department of Redevelopment is hereby designated as the Exec- utive Department of the City to administer code enforcement programs, to act as the authorized representative of the City in accomplishing the code enforcement program, to file requisition for funds, and to provide such additional information and furnish such contract or contracts as may be necessary for the grant applied for. 3. That during the period of the contract for the code enforcement grant, the City of South Bend will maintain a level of expenditures for code enforcement activities, exclusive of expen- ditures in any federally assisted code enforcement of Title I Urban Renewal project areas, that is not less than the average yearly expenditures for such activities by said City for the two full fiscal years immediately preceding the filing of the application. 4. That in the opinion of this Council the City has a program for and will provide in a time- ly manner all necessary public improvements for the code enforcement area. 5. That there presently exists in the locality and this Council hereby commits itself to make available in the future an adequate amount of decent, safe, and sanitary housing which is avail- able to persons displaced as a result of the code enforcement and related public improvements programs, at prices which are within their financial means and which are not generally less desirable in regard to public utilities and public and commercial facilities than the dwellings of the displaced individuals and families, and it is the sense of this body that such displacee, if any, will be relocated in accordance with applicable regulations of the Department of Dousing and Urban Development. 6. That the United States of America and the Secretary of Housing and Urban Development be, and they hereby are, assured of full compliance by the City of South Bend with regulations of the Department of Housing and Urban Development effectuating Title VI of the Civil Rights Act of 1964 and applicable Executive Orders. 7. That this resolution shall take effect immediately and hereby cancels and supersedes Resolution 232 -69. /s/ Robert 0. Laven Member of Common Council of the City of South Bend, Indiana Public hearing on this resolution was held at this time. Mr. B. Ashenfelter, Executive Director of the Department of Redevelopment, said that in essence this resolution was changed only in that the Mayor was the only legally authorized officer elgible to sign this application, not the Redevelopment Department, as is now done. Councilman Reinke moved for adoption of this resolution, seconded by Councilman Zielinski. The resolution was passed by a roll call vote of 8 ayes, 0 nays, 1 absent (Councilman Laven.) RESOLUTION NO. 285 -71 RESOLUTION FOR CODE ENFORCEMENT GRANT APPLICATION FOR MODEL NEIGHBORHOOD CODE ENFORCEMENT PROJECT EAST NOW KNOWN AS PROJECT IND. E -5 WHEREAS Section 117 of the Housing Act of 1949, as amended, authorizes the Secretary of Housing and Urban Development to make grants to municipalities and counties to assist them in carrying out programs of concentrated code enforcement in deteriorated or deteriorating areas in which such enforcement, together with certain public improvements to be provided by the locality, may be expected to arrest the decline of the area; and WHEREAS it has been found and determined by this body that there exists in this locality certain deteriorated or deteriorating areas for which a program of concentrated code enforcement, com- bined with certain public improvements, may be expected to arrest the decline of the area; and WHEREAS it is recognized that the grant of funds pursuant to Section 117 will impose certain obligations and responsibilities upon the City of South Bend, among which is the obligation to assure that any person who may be displaced as a result of the code enforcement and public im- provements programs are relocated into decent, safe, and sanitary housing in accordance with the regulations of the Department of Housing and Urban Development; and WHEREAS Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, or national origin under any program or activity receiving Federal assistance, and Exec- utive Order 11063 prohibits discrimination on basis of race, color, creed or national origin in sale, lease, or other disposition or occupancy thereof: NOW THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: 1. That this Council supports and favors the filing of an application with the Department of Housing and Urban Development on behalf of the City of South Bend for a code enforcement grant under Section 117 of the Housing Act of 1949 as amended, of two - thirds of the project cost of undertaking and carrying out a code enforcement program, which project cost, not including re- location payments and rehabilitation grants, is now estimated to be One Million, Six Hundred & Eight Thousand, Two Hundred Ninety -Nine Dollars ($1,608,299.00), in an area or areas to be de- signated and specially described in such application as Model Neighborhood Code Enforcement Project East, now known as Project IND. E -5 and that the Mayor is hereby authorized to execute and file such application and to execute such contract or contracts as may be necessary for the grant applied for. 2. That the City of South Bend Department of Redevelopment is hereby designated as the Execu- tive Department of the City to administer code enforcement programs,.to act as the authorized representative of the City in accomplishing the code enforcement program, to file requisition 4-- 4 „"Ac - "A a-., „Yn%ri AA c„rh =AAi ti nnal information and furnish such contract or contracts as REGULAR MEETING SEPTEMBER 27, 1971 REGULAR MEETING - RECONVENED (Cont.) RESOLUTION NO. 285 -71 (Cont.) 3. That during the period of the contract for the code enforcement grant, the City of South Bend will maintain a level of expenditures for code enforcement activities, exclusive of expen- ditures in any federally assisted code enforcement or Title I Urban Renewal project areas, that is not less than the average yearly expenditures for such activities by said City for the two full fiscal years immediately preceding the filing of the application. 4. That in the opinion of this Council the City has a program for and will provide in a time- ly manner all necessary public improvements for the code enforcement area. 5. That there presently exists in the locality and this Council hereby commits itself to make available in the future an adequate amount of decent, safe, and sanitary housing which is avail- able to persons displaced as a result of the code enforcement and related public improvements programs, at prices which are within their financial means and which are not generally less desirable in regard to public utilities and public and commercial facilities than the dwellings of the displaced individuals and families, and it is the sense of this body that such displacee, if any, will be relocated in accordance with applicable regulations of the Department of Housing and Urban Development. 6. That the United States of America and the Secretary of Housing and Urban Development be, and they hereby are, assured of full compliance by the City of South Bend with regulations of the Department of Housing and Urban Development effectuating Title VI of the Civil Rights Act of 1964 and applicable Executive Orders. 7. That this resolution shall take effect immediately upon the proper signature by a member of the Common Council and does hereby cancel and supersede Resolution No. 269 -71, passed by the Common Council March 22, 1971. /s/ Robert 0. Laven Member of the Common Council of the City of South Bend, Indiana Public hearing on this resolution was held at this time. Mr. B. Ashenfelter and Mr. Glenn Barbe, Assistant Director of the Department of Redevelopment, stated that again this was a matter of the legally authorized signature, the Mayor only being authorized to sign the application. Councilman Szymkowiak made a motion for the adoption of this resolution, seconded by Councilman Grounds. The resolution was passed by a roll call vote of 8 ayes, 0 nays, 1 absent (Councilman Laven.) UNFINISHED BUSINESS NEW BUSINESS There being no Grounds made a Time 11 :04 P.M. ATTEST: None None further business, unfinished or new, to come before the Council, Councilman motion for adjournment, seconded by Councilman Rginke. Motion carried. APPROVED: 41coo PRESIDENT