06-12-72 Council Meeting Minutes

Home Browse Search

REGULAR MEETING JUNE 12, 1972 COMMITTEE OF THE WHOLE MEETING - CONTINUED Bowman Street, opposed the ordinance. He said that he felt municipalities should follow the President's guidelines and this much of a raise is too high. He suggested that the Council withdraw consideration of this ordinance and authorize renegotiation of the bonding contract. Mrs. Frederick Mutzl, 320 Parkovash, a member of the Fair Tax Association, said that she wished all the people here to oppose this ordinance had been in attendance at the meeting when the Council was considering whether to build the parking garages. She urged the Council to vote no on this ordinance. In rebuttal to these speakers, City Attorney Sweeney said that the President's guidelines are for prices and wages and would not apply to fees. He said that the fine is a penalty imposed by the court and that those who refuse to pay will be made to pay. He denied categorically Mr. Burkus's charge that tickets can be fixed and said that he could speak for this administra- tion that this is not being done. Councilman Nemeth said that, under existing law, a person who does not pay a traffic violation fine is subject to a $300 fine or imprisonment for six months, so the provisions of this ordinance are not unreasonable. He said that a citizen may, within 48 hours, pay the fine in settlement of the offense as charged. He said that those; people speaking tonight were confusing taxpayers with law violators and that a parking ticket is issued because of a violation of the parking ordinance. He said that those who don't want to run the risk of receiving a ticket may park in the parking garages all day for 95�. Councilman Miller said that people seem to feel that street parking at a meter does not cost us anything. The streets under the cars do cost money to build and to maintain, and we should equate the cost of a street with the parking structures. The parking garages are a capital asset of the city. One of the selling points being used in trying to interest another store in purchasing Wyman's facility is that there are parking facilities available. Councilman Miller also took exception to Mr. Burkus's remarks that tickets can be fixed. Councilman Serge said that he had been in- formed that in New York parking tickets cost $20 to $25. He said South Bend does have an obliga- tion to meet the bond contract payments and asked Mr. Sweeney what would happen if the bond contract payment was not made. Mr. Sweeney said that, if we default on the bond payment, South Bend's credit rating would be irreparably damaged and could not be restored. Councilman Parent said that the purpose of the parking meters is to insure proper turnover of parkers in the downtown area. He said that he has heard nothing that would indicate that people will not come downtown. He said that the parking ordinance, as written, is expensive to administer. He said that in this times when law and order is much discussed, it is up to us to administer the law. He also commented that he does not feel the ordinance is unreasonable. Councilman Taylor asked City Engineer William Richardson if part of the reason that revenue is down from the parking meters is that some of the downtown meters have been removed because of the urban renewal projects. Mr. Richardson answered that there are not as many meters as there were.tVo. years °ago..and that the number is constantly changing. Councilman Taylor then asked if there were any plans to get more meters out. Mr. Richardson said that a study is being made of possible expansion of the metered area. Councilman Taylor said that the ordinance had been referred to as "another way of robbing the poor ". He said that, as it has been pointed out, the use of a parking meter is a voluntary act and the people parking know the restrictions. Councilman Nemeth said "if you don't want a fine, don't park overtime ". He said that this change would not be driving people from the downtown area. He said, "the merchants are conspicuous by their absence and must not be too concerned ". He then continued "if we don't find a way to raise the money needed, we will have to get it from the property tax ". He proposed an amendment to the ordinance as follows: In Section One, line five amend it to read, "if paid within forty -eight hours, or if mailed so that it be postmarked within forty - eight hours of the time of receiving the ticket ". Councilman Taylor seconded the amendment. Under discussion, Councilman Horvath proposed to amend the amendment to read "if paid within 72 hours, or if mailed so that it is postmarked within 72 hours of the time of receiving the ticket ". Councilman Parent seconded this amendment. Councilman Miller moved for a ten minute recess, seconded by Councilman Nemeth. The motion carried and the meeting recessed at 9:55 p.m. The public hearing resumed at 10:10 p.m. Councilman Nemeth then asked to substitute the follow- ing motion for the previous motion to amend: In Section 1 of the Ordinance, paragraph two to read as follows: "The owner or operator who has been notified of a violation of the parking regula- tions, as herein provided, may, within five days after being notified, answer at the office of the Traffic Violations Bureau, to the charge of such violation as set forth in such notice, and pay a prescribed fee of Two Dollars ($2.00) in settlement of the offense or charge, or Five Dollars ($5.00) after the expiration of the five days. An acceptance of and payment of the fee and the authority by the clerk shall be deemed complete satisfaction for the violation and the violator shall be given a receipt which so states ". The motion was seconded by Councilman Kopczynski, and carried. Councilman Kopczynski said that the parking garage bonds must be paid off with the revenue from the meters. Inasmuch as this is part of the requirement, the Council does not have much choice but to raise the revenue to meet the obligations. Councilman Horvath said, in response to a comment by Mr. Burkus that the Council does not look closely at a lot of the ordinances which come before them, that the Council is only a part -time job and the Council- men all have other jobs. However, he said they are trying to do the best job they can and they do devote a great deal of time to Council business. They study all available information about each Ordinance and Resolution that comes before them. He reminded the audience that the Councilmen are taxpayers also. Councilman Szymkowiak made a motion that the ordinance be amended to reduce the amount of the fine, after the five days, to $3.00. There was no second to the motion. Councilman Miller made a motion that the ordinance go to the Council as favorable as amended, seconded by Councilman Taylor. Motion carried. There being no further business to be considered before the Committee of the Whole, Chairman Newburn entertained a motion to rise and report to the Council, so moved by Councilman Parent, seconded by Councilman Taylor. Motion carried. ATTEST: k CITY CLERK REGULAR MEETING - RECONVENED Be it remembered that the Common Council of the City of South Bend, Indiana reconvened in the Council Chambers of the County -City Building on Monday, June 12, 1972 at 10:25 p.m., Council President Peter J. Nemeth presiding.