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HomeMy WebLinkAbout12-02-63 Council Meeting MinutesREGULAR MEETING DECEMBER 2, 1963 Be it.remembered that the Common Council of the City of South Bend, Indiana, met in regular session in the Council Chambers in the City Hall on Monday, December 2, 1963, at 11:20 P.M., with all members present except Councilman Lehman. The Meeting was called to order by President Joseph'T. Kroll, who presided. ROLL CALL: PRESENT: Councilmen Kroll, Allen, Ladewski, Tellson, Coleman, Glass, Krueper and Muszynski. ABSENT: Councilman Lehman REPORT OF THE COMMITTEE ON MINUTES To the Common Council of the City of South Bend: Your Committee on the inspection and supervision of the minutes, would respectfully report that they have examined the minutes of the previous meeting of the Council and found them correct. They therefore recommend that the same be approved. /s/ Albert Tellson Committee /s/ Joseph T. Kroll South Bend, Ind. December 2, 1963 Minutes of Meetings of November 12th and November 25th, 1963. Councilman Glass made a motion that the report be accepted and placed on file. Councilman Muszynski seconded the motion. Motion carried. COMMUNICATION Gentlemen of the Council: December 2, 1963 I have by prior communication explained to the Council the reason I am unable to be at the meeting this evening. However, I desire to bring this matter, which I feel to be of great importance, to your attention. It is my: feeling and I am sure the feeling of the great majority of the residents of our community, that some tribute be paid to our beloved President, John Fitzgerald Kennedy, who gave his life for his country as a young man, before he had the oppor- tunity of fulfilling and completing his plans for betterment in our country and in our world. I, therefore, submit to you for your consideration at your earliest convenience, that Pinhook Park be renamed the "John Fitzgerald Kennedy Park ". I feel, and I am sure that you will concur, that this will in a small way express our appreciation to this great American. I would submit that this matter be acted upon at its earliest convenience; that inasmuch as it involves the Park Depattiiient that coordination be.effected with said Park Board for the changing of the name of Pinhook Park to the "John Fitzgerald Kennedy Park ". Respectfully submitted, /s/ T. W. Lehman T. W. LEHMAN Councilman - 5th District South Bend, Indiana TWL/ P CC: Park Department Councilman Muszynski made a motion that the Communication be accepted and placed on file. Councilman Allen seconded the motion. Motion carried. REPORT OF CONTROLLER FOR OCTOBER, 1963 Balance on Hand First of Month ------------------------------------------------------------------------- $2,793,143.96 Receipts during Month ---------------------------------------------------------------------------------- $3,150,138.35 Disbursements during Month ----------------------------------------------------------------------------- $2,888,098.59 Balance on Hand October 31, 1963 ----------------------------------------------------------------------- $3,055,183.72 Councilman Ladewski made a ration that the report be accepted and placed on file. Councilman Glass seconded the motion. Motion carried. PETITION Petition of DeWitt Marshall to rezone Lot 615 Summit Place Third Addition (142 South Meade Street.) Councilman Glass made a motion that the petition be referred to the City. Planning Commission. Councilman Krueper seconded the motion. Motion carried. REPORT OF TRAFFIC ENGINEER Mr. Eugene Ladewski, Chairman Traffic & Transportation Committee South Bend,Common Council 2721 Frederickson Street South Bend, Indiana Dear Mr.. Ladewski: November 21, 1963 Enclosed please find a copy of a report that would Nava been presented to your Common Council Traffic & Transpotation Committee. Since you were unable to hold a meeting it is felt that you would be interested in the results of studies made anyway.. Respectfully submitted, /s/ Clem F. Hazinski CLEM F. HAZINSKI CFH /f Traffic Engineer Enc.l REPORT OF TRAFFIC ENGINEER (continued) LOADING ZONE SURVEY FOR SOUTH BEND PUBLIC LIBRARY MAIN BRANCH - 122 WEST WAYNE STREET November 7 & 14, 1963 Thursdays s :30 =5:30 PM 6:30 -9 :00 PM OBSERVATIONS: 1. Although there was an average of 273 persons entering or leaving the library each hour, only a very small percentage were dropped off or picked up in front of or alongside the library building. 2. There was a relatively good turnover in parking spaces in the half - block immediately in front of the library, considering that after 6 :00 P.M. there was no time limit. Turnover was especially good in the 12 minute spaces at each end of the half- block. 3. Loading and unloading in the travel lane on Wayne Street was accomplished expeditiously with traffic ordinarily, being able to pass the stopped vehicle without crossing the centerline. CONCLUSIONS: 1. There was no congestion or hazard over and above that resulting from the narrow street width and the necessity for permitting parking. 2. The turnover in parking spaces is believed to be sufficient to provide convenience to library patrons without increasing the congestion which results from too much maneuvering by vehicles. 3. Previous experience with loading zones has shown that, because of the impossibility of constantly enforcing them and an apparent misunderstanding of their purposes by many people, they are very often misused to the extent that they are worthless for the use for which they were intended. It is felt that such would be the case in front of the library, where people having short -time business at the library might park in the loading zone for five or ten or mo minutes. The 12- minute meters at each end of the half -block were placed there for this purpose. Also, there would be a large amount of vehicles maneuvering in and out of these spaces which would increase congestion and delay. Finally, two or more prime parking spaces would be eliminated from the central business district core area, where there is already a shortage of parking space. 4. Loading zones for special occasions or groups can be created by use of parking meter hoods. This has been done in the past quite effectively. 5. Mr. Roger Francis, Director of the Public Library, was interviewed and stated that he does not have a specific need for a loading zone, nor have requests reached his office for such an installation. He did state that he will go along with whatever this department recommends. RECOMMENDATIONS: Because of the apparent adequacy of the present situation, the need for the parking spaces which are available, and the possibility of abuse of a loading zone, and of increased congestion, it is not recommended that a loading zone be installed in front of the Main Branch of the Public Library. Councilman Tellson made a motion that the report be accepted and placed on file. Councilman Allen seconded the motion. Motion carried. To the Common Council of the City of South Bend: Your Committee of the Whole, to whom was referred AN ORDINANCE PROHIBITING DISCRIMINATION IN REAL PROPERTY BECAUSE OF RACE, COLOR, NATIONAL ORIGIN, RELIGION, OR ANCESTRY BY CERTAIN OWNERS, SELLERS, RENTERS, LESSORS, GRANTORS, LESSEES, GRANTEES, ASSIGNEES, MANAGING AGENTS, REAL ESTATE BROIERS, REAL ESTATE SALESMEN, LENDERS, AND OTHERS, PROVIDING FOR THE RENAMING OF THE SOUTH BEND FAIR EMPLOYMENT PRACTICE COMMISSION, PRESCRIBING ADDITIONAL DUTIES AND POWERS, AND PROVIDING PENALTIES, Respectfully report that they have examined the matter and that in their opinion IT SHOULD BE CONTINUED IN THE COMMITTEE OF THE WHOLE UNTIL THE NEXT MEETING OF THE COUNCIL. /s/ Paul E. Krueper, Jr. Acting Chairman December 2, 1963 Councilman Allen made a motion that the report be accepted and placed on file. Councilman Glass seconded the motion. Motion carried. Ordinances to rezone Lots 1, 2, 3, 19, 20 and 21 of Lincoln Plaza, heretofore set for third reading at this meeting, were, upon motion made by Councilman Muszynski, seconded by Councilman Allen and unanimously carried, set over until the December 9, 1963 meeting of the Council. RESOLUTION NO. 58 - - -63 RESOLUTION FOR ADDITIONAL APPROPRIATIONS IN THE GENERAL PARK FUND -- $1,500.00 AND THE TRANSFER OF SAME FROM ONE ACCOUNT TO ANOTHER IN THE SAME CATEGORY OF 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 appropriate more money than was appropriated in the annual budget for the various functions of the Department of Public Parks to meet such extraordinary emergencies, and WHEREAS, it has been ascertained that :certain amounts in the General Park Fund have more money than is needed at this time. SECTION I. That the following account be reduced in the amount set opposite each account, to -wit: Account No. Classification Item Amount 311 Supplies Fuel, Coak & Oil $1,500.00 Total $12500.00 Y RESOLUTION NO, 58 - - -63 (continued) SECTION 2. That the following accounts be increased in the amounts set opposite each account, to -wit: Account No. 323 324 381 Classification- Supplies Supplies Supplies Item Amount Tires and Tubes $ 400.00 Other Garage & Motor 400.00 Spray Materials & Fertilizer 700.00 Total $1,500.00 NOW, THEREFORE, Be it Resolved by the Common Council of the City of South Bend that the sum of $1,500.00 be transfer from Account Number 311 to Accounts Number 323, 324 and 381 as set out above in Sections :1 and 2 of this Resolution. That the transfer of funds as set forth in Section 1 and Section 2 are required for the proper and efficient opera - tion and function of the Department of Public Parks of South Bend and an extraordinary emergency is declared to exist concerning the foregoing transfers. Councilman Muszynski made a motion for adoption of the Resolution. Councilman Glass seconded the motion. Motion carried by a roll call vote of 8 ayes, 0 nays, 1 absent (Councilman:Lehman). RESOLUTION NO. 59 - - -63 RESOLUTION FOR ADDITIONAL APPROPRIATIONS IN THE GENERAL FUND, $150.00, AND THE TRANSFER OF SAME FROM ONE ACCOUNT TO ANOTHER IN THE SAME CATEGORY OF 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 appropriated in the annual budget for the various functions of City Government to meet such extraordinary emergencies; and WHEREAS, Account No. P =331, described as Household, Laundry and Cleaning, in the General Fund is depleted and the sum of One Hundred and Fifty ($150.00) Dollars is needed forthwith, and WHEREAS, under Account No. P -323, described as Tires and Tubes, under the General Fund, there is One Hundred Fifty ($150.00) Dollars that will not be needed. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, that the sum of One Hundred Fifty ($150.00) Dollars be transferred from Account No. P -323, described as Tires and Tubes under the General Fund, to Acc No. P -331, described as Household, Laundry and Cleaning, under the General Fund. Councilman Glass made a motion for adoption of the Resolution. Councilman Ladewski seconded the motion. Motion carried by a roll call vote of 8 ayes, 0 nays, 1 absent (Councilman Lehman). RESOLUTION NO. 60 - - -63 WHEREAS, on the 13th day of April, 1960, Edward F. Voorde, then Mayor of the City of South Bend, and Raymond Andrysia Engineer of the City of South Bend, the Board of Public Works, the Commissioners of St. Joseph County, and the Indiana State Highway Commission, entered into an Agreement wherein it was agreed that the State of Indiana would build a bridge to be known as the Sample Street Bridge, with all entry ways and exit ways, and that as a condition of said contract, the City of South Bend was to dedicate all rights of way which they have acquired, or which are owned by the City, and WHEREAS, certain easements are necessary to be granted to the State of Indiana, and WHEREAS, the Board of Public Works has this date granted to the Indiana State Highway Commission and the State of Indiana, all reversionary rights and interest that they may have in the below described lands, to -wit: Parcel 108 Limited Access Right of Way: Beginning at a point on a East West Line 187.7 Feet North of the Southeasterly corner of Lot Numbered 20 in August Beyer's First Addition to the City of South Bend, at the Intersection of the Western right of way line of Northside Boulevard; thence due West 127.9 feet along the South property line of the Owner's Land; thence North 29 degrees 44 minutes East 38.4 feet; thence North 33 degrees 03 minutes West, 254.2 feet; thence North 12 degrees 37 minutes West, 76.1 feet; thence Northwesterly 79.1 feet along an arc to the right and having a radius of 235.3 feet and subtended by a long chord having a bearing of North 3 degrees 55 minutes West, and a length of 78.7 feet; thence North 7 degrees 37 minutes East, 87.5 feet; thence North- easterly 166.9 feet along an arc to the right and having a radius of 248.3 feet and subtended by a long chord having a bearing of North 45 degrees 35 minutes East and a length of 163.8 feet to the Western right of way line of Northside Boulevard; thence Southeasterly along said line to the point of beginning and containing 2.502 acres, more or less.. ALSO: The limited access lrovisions do not apply to the following described right of way not hereinbefore described as limited access right of way. Parcel 108 Permanent Right of Wa Beginning at a point 37.7 feet North and 152 feet West of the Southeasterly corner of Lot Numbered 20 in August Beyer's First Addition to the City of South Bend, which point is in the Western right of way line of Northside Boulevard; thence due West to the meandering of St. Joseph River for the point of beginning of this description: Thence North 150 feet measured along a straight North and South line to the North property line of the Owner ?s land; thence due East 110 feet along said property line; thence North 29 degrees 44 minutes East, 38.4 feet; thence North 33 degrees 03 minutes West, 254.2 feet; thence North 12 degrees 37 minutes West, 76.1 feet; thence Northwesterly 79.1 feet along an arc to the right and having a radius of 235.3 feet and subtended by a long chord having a bearing of North3 degrees 55 minutes West, and a length of 78.7 feet; thence North 7 degrees 37 minutes East, 87.5 feet; thence North- easterly 166.9 feet along an arc to the right and having a radius of 248.3 feet :and subtended by a long chord having a bearing of North 45 degrees 35 minutes East, and a length of 163.8 feet to the Western right of way line of Northside Boulevard; thence Northwesterly 417 feet along said line; thence South 29 degrees 44 minutes East, 98.7 feet; thence Southeasterly 195.0 feet along an arc to the right and having a radius of 190.4 feet and subtended by a long chord having a bearing of South 14 degrees 56 minutes East, and a length of 186.6 feet; thence South 14 degrees 24 minutes West, 166.0 feet; thence Southwesterly 129.8 feet along an arc to the left kc RESOLUTION NO..60---63 (continued) and having a radius of 330.4 feet and subtended by a long chord having a bearing of South 3 degrees 08 minutes West and a length of 129.0 feet; thence South 63 degrees 55 minutes West, 31.4 feet to the meandering of the St. Joseph River; thence Southeasterly along said river to the point of beginning and containing 2.195 acres, more or less. NOW, THEREFORE, BE IT RESOLVED that this Council hereby confirms, ratifies and approves the action of the Board of Public Works in the granting to the State of Indiana, all reversionary rights and interest.of.the said below described real estate,-to-wit: Parcel 108 Limited Access Right of Way: Beginning at a point on a East West line 187.7 feet North of the Southeasterly corner of Lot Numbered 20 in August Beyer's First Addition to the City of South Bend, at the inter- section of the Western right of way line of Northside Boulevard; thence due West 127.9 feet along the South property line of the Owner's land; thence North 29 degrees 44 minutes East, 38.4 feet; thence North 33 degrees 03 minutes West, 254.2 feet; thence North 12 degrees 37 minutes West, 76.1 feet; thence Northwesterly 79.1 feet along an arc to the right and having a radius of 235.3 feet and subtended by a long chord having a bearing of North 3 degrees 55 minutes West, and a length of 78.7 feet; thence North 7 degrees 37 minutes East, 87.5 feet;_ thence Northeasterly 166.9 feet along an arc to the right and having a.radius of 248.3 feet and subtended by a long chord having a bearing of North 45 degrees 35 minutes East, and a length of 163.8 feet to the Western right of way line of Northside Boulevard; thence South- easterly along said line to the point of beginning and containing 2,502 acres, more or less. ALSO: The limited access provisions do not apply to the following described right of way not herein - before described as limited access right of way. Parcel 108 Permanent Right of Way: Beginning at a point 37.7 feet North and 152 feet West of the Southeasterly corner of Lot Numbered 20 in August Beyer's First Addition to the City of South Bend, which point is in the Western right of way line of Northside Boulevard; thence due West to the meandering of St. Joseph River for the point of beginning of this description; thence North 150 feet measured along a straight North and South line to the North property line of the Owner's land; thence due East 110 feet along said property line; thence North 29 degrees 44 minutes East, 38.4 feet; thence North 33 degrees 03 minutes West, 254.2 feet; thence North 12 degrees 37 minutes West, 76.1 feet; thence Northwesterly 79.1 feet along an arc to the right and having a radius of 235.3 feet and subtended by a long chord having a bearing of North 3 degrees 55 minutes [-lest, and a length of 78.7 feet; thence North 7 degrees 37 minutes East, 87.5 feet; thence Northeasterly 166.9 feet along an arc to the right and having a radius of 248.3 feet and subtended by a long chord having a bearing of North 45 degrees 35 minutes East, and a length of 163.8 feet to the Western right of way line of Northside Boulevard; thence Northwesterly 417 feet along said line; thence South 29 degrees 44 minutes East, 98.7 feet; thence Southeasterly 195.0 feet along an are to the right and having a radius of 190.4 feet and subtended by a long chord having a bearing of South 14 degrees 56 minutes East, and a length of 186.6 feet; thence South 14 degrees 24 minutes West. 166:0 feet; thence Southwesterly 129.8 feet along an arc to the left and having a radius of 330.4 feet and subtended by a long chord having a bearing of South 3 degrees 08 minutes West and a length of 129.0 feet; thence South 63 degrees 55 minutes West, 31.4 feet to the meandering of the St. Joseph River; thence Southeasterly along said River to the point of beginning and con- taining 2.195 acres, more or less. BE IT FURTHER RESOLVED, that the Mayor of the City of South Bend on the adoption of this Resolution, shall execute all instruments to transfer said reversionary interest to the above described property. Councilman Muszynski made a motion for adoption of the Resolution, Councilman Tellson seconded the motion. Motion carried by a roll call vote of 8 ayes, 0 nays, 1 absent (Councilman Lehman). RESOLUTION WHEREAS, parking meters are now installed on the north and east side of the Betty Ruth Spiro Memorial Library located on the southeast corner of South Main Street and West Wayne Street in the City of South Bend, Indiana; and WHEREAS, certain of said parking meters impede users of the public.library from taking on and discharging passengers, particularly children, who are using the facilities of the library, and WHEREAS, the efficient use of the entrance and exit to the library will be facilitated and the safety of the patrons enhanced by the removal of certain parking meters located on the front =and side of said public library. NOW, THEREFORE, BE IT RESOLVED by the Common Council as follows: 1. That two of the nearest parking meters now located in front of the entrance to the public library on Wayne Street in South Bend, Indiana, be removed. 2. That two of the parking meters located on Main Street on the West side of the public library, nearest the entranc' be removed. 3. That the City Traffic Department and the Board of Public Works be directed to forthwith cause the removal of.sa meters and designate each of the vacated areas as a "Pick Up Passenger Zone ". Councilman Muszynski made a motion for adoption of the Resolution. Councilman Tellson seconded the motion. Motion lost by a roll call vote of 4 ayes (Councilmen Kroll, Tellson, Glass and Muszynski), 4 nays (Councilmen Allen, Ladewski, Coleman and Krueper). There being no further business to come before the Council, Councilman Glass made a motion to adjourn. Councilman Tellson seconded the motion. Motion carried and the Regular Meeting of the Council adjourned at 12 :00 Midnight. ATTEST: '' L r V*ii • 4 APPROVED: Clerk 77 77 sident 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 in the City hall on Monday, December 9, 1963, at 8 :05 P.M., with all members present, The meeting was called to order by Councilman T. W. Lehman, Chairman, who presided. ORDINANCE AN ORDINANCE PROHIBITING DISCRIMINATION IN REAL PROPERTY BECAUSE OF RACE, COLOR, NATIONAL ORIGIN, RELIGION, OR.ANCESTRY BY CERTAIN OWNERS, SELLERS, RENTERS, LESSORS, GRANTORS, LESSEES, GRANTEES, ASSIGNEES, MANAGING AGENTS, REAL ESTATE BROKERS, REAL ESTATE SALESMEN, LENDERS, AND OTHERS, PROVIDING FOR THE RENAMING OF THE SOUTH BEND FAIR EMPLOY- MENT PRACTICE COMMISSION, PRESCRIBING ADDITIONAL DUTIES AND POWERS, AND PROVIDING PENALTIES Public hearing on the above ordinance having been continued from the December 2nd meeting of the Council, Chairman Lehman gave proponents and opponents an opportunity to be heard thereon. Speaking in favor of the proposed Ordinance was David Simms, 314 S. Illinois Street, Joseph A. Roper, Attorney for the South Bend - Mishawaka Board of Realtors, spoke in opposition to the Ordinance. Councilman J. Chester Allen and Councilman Harold L. Coleman were,heard. Richard M. Hodson, President of the South Send - Mishawaka Board of Realtors, was heard speaking against the proposed Ordinance. Councilman Krueper made a motion for a five minute recess. Councilman Allen seconded the motion. Motion carried. The meeting recessed at 9:25 P.M. The Meeting reconvened at 9:35 P.M. Councilman Allen made a motion that the Ordinance be reported favorably to the Council. Councilman Coleman seconded the motion. Motion lost by a roll call vote of 2 ayes (Councilmen Allen and Coleman), 7 nays (Councilmen Kroll, Ladewski, Tellson, Glass, Krueper, Lehman and Muszynski). The roll call was requested by Councilman Allen. The Clerk read a report from the Committee of the Whole which reads as follows: "After due consideration of the Fair Housing Ordinance, the Committee of the Whole has reached the following conclusions: " 1. We believe that a sincere effort should be made to solve this long- standing problem, but the Ordinance as written is not acceptable to the majority of the present Council members. " 2. If action were to be taken at this time, it would require numerous amendments and we cannot completely agree on just what amendments should be made. "3. We also feel that since the execution of an Ordinance of this kind will be carried out by another administration, the provisions of such an Ordinance should be left to their discretion. "4. Since the legality of any Council action is debatable,we feel that this question should be resolved before any action is taken by the Council. "Therefore, it is the opinion of the majority of the members of the Committee of the Whole that the proposed Fair Housing Ordinance should be left in Committee for action by the next Council." /s/ T. W. Lehman, Chairman Councilman Tellson made a motion that the report be accepted and placed on file. Councilman Ladewski seconded the motion. Motion carried. The Clerk also read the following communication: The Common Council City of South Bend South Bend, Indiana Gentlemen: December 7, 1963 Not having had the privilege of addressing; your body in executive session as have my fellow colleagues in real estate-; I wish to submit my remarks" on the .Fair Housing Ordinan?ce- you -are_ considering'. ;, I take this means of: calling- certain points ''to your attention which have not'- heretofore been presented.. I write to.you as South Bend's only Negro real .estate broker and as a member of the Board of Directors, National Association of Real Estate Brokers, Inc. Our organization, while not as well known as the National Association of Real Estate Boards, has members in forty -two states and two foreign countries. It was born out of need for a voice of Negroes in housing. As you may .now know, Negroes are not free to join the organization of Realtors which are opposing this Ordinance. They do not speak for all the real estate industry. The primary difference between the two groups is that we have as our slogan "Democracy In Housing" and weaetively work to achieve this for all Americans. Our policy is vigorously supported by the national administration and the state administration of Governor Matthew Welch. Your Adoption of this ordinance in its original form is strongly recommended if the free choice and rights of all people are to be protected in the field of housing. My operations in South Bend can testify to the factual need for legislation. We are constantly approached by many white.homeowners who wish to sell their home but could not find realtors that would accept their house on an unrestricted basis. Many Realtors refer property owners to us because their office or their board will not permit them to sell to all qualified buyers. These restrictive practices are not only supported but are encouraged by local board policy of no- policy. This ordinance is not opposed by all Realtors and should be welcomed by brokers and builders who wish to serve all our community without different sets of standards. It certainly would remove the competetive disadvnatages they now face if they do abide by fair housing practices on a voluntary basis. It should also be noted that racial segregation in housing is more pronounced in South Bend today then it was forty years ago, yes, even twenty years ago. The problem is nore acute because the housing industry has failed to initiate any educational program as they now advocate. It is a fact that in the past two years the local real estate board has consistently refused to set down and talk to the Urban League about an educational solution The Mayor's Bi- racial Committee had tg agree to a closed =door meeting with a few independent realtors because their board would notofficially cooperate. With fourteen years as a licensed broker, my own application to join this trade organization has been rejected twice. As practiced in the trade, good faith must first be demonstrate 629 COMMITTEE OF THE WHOLE MEETING COMMUNICATION (continued) DECEMBER 2, 1963 before any offer is considered acceptable. Sincerity to voluntarily solve this problem has not been demonstrated in any way by the opponents to the legislative approach. I say to you that such an ordinance will not only help the real estate and housing industry to solve its dilemma, but it would help each of our citizens to sell or rent their home without the present artificial restrictions imposed by many of those who commercialize in housing. The ordinance alone-*ill not solve all the ills faced in assuring a free housing market -but it -is an essential and vital part of the process. The current social revolution thruout our nation has developed an acceptable climate for accomplishment of the moral values involved. There may be some imperfections in this ordinance that you would wish to change or omit but I implore you to adopt it now in its present form and give it an opportunity to be tested in use. Future coundil action can always be applied to make adjustments if some provisions are found to be working a justifiable denial of fights on anyone aggrieved. This ordinance is for the good, welfare, and safety of all citizens and will be of indispensable value to those non -white families who are presently forced to live in inferior accommodations in defined non -white Aeas. It is not a question of whether the non - whites will or will not use the opportunities afforded by this ordinance but that you, by passing this legislation, will have guaranteed them a basic right to which they are rightfully entitled. The non -white citizen in South Bend must have the same freedom of choice, the same restrictions, and the same responsibilities in housing that the white citizen has always been afforded. Irregardless of all other considerate the Common Council of South Bend must promptly redress the grievances of white and negro citizens who call for your enactment tonight of this ordinance. May your courage and your convictions grant to me and my brothers the same rights our white brothers now enjoy. Sincerely, /s/ William R. Morris William R. Morris Councilman Tellson made a motion that-the Communication be accepted and placed on file. Councilman Kroll seconded the motion. Motion carried. Councilman Allen requested the right to file a minority report and have said report in the record. Councilman Kroll made a motion that Councilman Allen be given the right to submit a minority report. Councilman Tellson seconded the motion. Motion carried. Councilman Muszynski made a motion that the Fair Housing Ordinance remain in the Committee of the Whole, Councilman Kroll seconded the motion. Motion carried by a roll call voteof 7 'ayes (Councilmen Lehman, Ladewski, Tellson, Kroll, Glass, Krueper and Muszynski), 2 nays (Councilmen Alien and Coleman). There being no further business to come before the Committee of the Whole, Councilman Glass made a motion to adjourn. Councilman Kroll seconded the motion. Motion carried and the Committee of the Whole meeting adjourned at 9:40 P.M. ATTEST: CLERK 9 APPROVED --------------------- CHAIRMAN ra