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REGULAR MEETING OCTOBER 23, 1972
<br />Be it remembered that the Common Council of the City of South Bend, Indiana met on Monday,
<br />October 23, 1972 at 8:00 p.m. in the Council Chambers of the County -City Building. Council
<br />President Peter J. Nemeth called the meeting to order and the Pledge of Allegiance to the flag
<br />was given. Mr. Nemeth welcomed some American Government students from the University of Notre
<br />Dame who were in the audience.
<br />ROLL CALL PRESENT: Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski,
<br />Horvath, Newburn and Nemeth.
<br />ABSENT: None
<br />Council President Nemeth said that the first item of business would be second reading of three
<br />ordinances which are on tonight's agenda for public hearing and third reading. The ordinances
<br />contained in Items 3A, 3B, and 3C then had second reading in full by the Clerk.
<br />Councilman Taylor made a motion to Resolve into the Committee of the Whole, seconded by Council-
<br />man Parent. The motion carried.
<br />COMMITTEE OF THE WHOLE MEETING
<br />Be it remembered that the Common Council of the City of South Bend, Indiana met in the Committee
<br />of the Whole in the Council Chambers of the County -City Building on Monday, October 23, 1972 at
<br />8:12 p.m. with nine members present. The meeting was called to order by Chairman Odell Newburn
<br />who presided.
<br />ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER
<br />40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA
<br />(Ironwood- Inwood Retention Basin)
<br />This being the time heretofore set for public hearing on this ordinance, proponents and opponents
<br />were given an opportunity to be heard thereon. Mr. Howard Bellinger, Executive Director of the
<br />Area Plan Commission, displayed a map showing the area involved in the ordinance. Mr. Bellinger
<br />said that the area was annexed in 1968 but a court suit was filed against the annexation. In
<br />1972 it was declared officially annexed to the City of South Bend. The Area Plan Commission held
<br />a hearing and recommended that the area be zoned A Residential and A Height and Area District
<br />which is consistent with the zoning in the immediate vicinity. Councilman Miller made a motion
<br />that the ordinance go to the Council as favorable, seconded by Councilman Taylor. The motion
<br />carried.
<br />ORDINANCE AN ORDINANCE AMENDING CHAPTER TWO "ADMINISTRATION"
<br />OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND.
<br />This being the time heretofore set for public hearing on this ordinance, proponents and opponents
<br />were given an opportunity to be heard. Councilman Nemeth made the presentation for the ordinance.
<br />He said that the ordinance amends Chapter Two "Administration" of the Municipal Code dealing with
<br />the carrying on of business in the Council. The prime effect would be to eliminate the complete
<br />reading of the ordinance which we now do, and to avoid the possibility of an ordinance being
<br />presented at the last minute. Paragraph (w) provides that for any ordinance or resolution to be
<br />on the agenda for a regular meeting, it must be filed in the Clerk's office on or before the
<br />Wednesday prior to that meeting. One of the things which precipitated the change regarding the
<br />reading of the ordinances in full was that second readings come late in the evening when most of
<br />the audience has gone home. Mr. Nemeth said he would be happy to answer any questions. Miss
<br />Virginia Guthrie, Executive Secretary of the Civic Planning Association, asked if this means that
<br />no ordinance will have full reading or that just certain ones will have full reading. She said
<br />she felt that ordinances should be read in full. Mr. Nemeth said that, especially with very
<br />lengthy ordinances, no one can understand what is being read. Miss Guthrie said that the
<br />general public does not get to see the ordinances and she felt they should be read. Mr. Nemeth
<br />said that, in their experience over the past nine and one -half months, everyone who comes to a
<br />public hearing has seen a copy of the proposed ordinance or resolution or obtained a copy for
<br />themselves. There is no reading in full on the night of the public hearing. The people who are
<br />interested in the itmes don't want them read, they want a public hearing. Councilman Horvath
<br />asked if there was a controversial issue before the Council, if they could have it read in its
<br />entirety. Councilman Nemeth said they could, if they wished, suspend the rules by unanimous vote.
<br />Councilman Parent said that he had written the City Attorney and asked for an opinion on the
<br />legality of this proposed ordinance and he asked Mr. Tom Connaughton, of the City Legal Depart-
<br />ment, about this. Mr. Connaughton said this matter had been examined by the Legal Department
<br />and there were no legal difficulties with the proposed ordinance. Councilman Szymkowiak said he
<br />felt that there should be reading in full. Councilman Nemeth said that 1st and 2nd readings are
<br />now held near the close of the meeting. Citizens who are interested in certain items now have
<br />to attend the meeting to hear the second reading and then come back to the public hearing. With
<br />the proposed ordinance, they could go to the Clerk's office during the day and find out what they
<br />wanted to know about the ordinance and then come on the night of the public hearing. Councilman
<br />Szymkowiak said that copies should be made available for anyone who wants them without charge.
<br />Councilman Parent said that the elimination of the full reading of the ordinance is not to
<br />frustrate the public's desire to know, but to make the meetings a little less boring and the
<br />information more available. He said the method of reading items in full is archaic. Councilman
<br />Newburn said we must take the citizens into consideration, and not cut out their involvement.
<br />Councilman Nemeth said he would like to point out that when an ordinance has been filed in the
<br />clerk's office, it is a matter of public record. Any citizen has a right to go in and inspect
<br />it or get a copy of it. Nothing is being hidden from anyone. Councilman Miller made a motion
<br />that the ordinance go to the Council as favorable, seconded by Councilman Taylor. The motion
<br />carried.
<br />ORDINANCE AN ORDINANCE TRANSFERRING FUNDS IN THE TOTAL
<br />AMOUNT OF $11,500 FROM VARIOUS ACCOUNTS WITHIN
<br />THE MUNICIPAL SERVICES FACILITY BUDGET TO VARIOUS
<br />OTHER ACCOUNTS IN SAME MUNICIPAL SERVICES FACILITY
<br />BUDGET, ALL BEING WITHIN THE GENERAL FUND
<br />This being the time heretofore set for public hearing on the above ordinance, proponents and
<br />opponents were given an opportunity to be heard.. Mr. Stanley Przybylinski,' Manager of the
<br />Municipal Services Facility, spoke for the ordinance, He said the transfer is needed to cover
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