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REGULAR MEETING NOVEMBER 13, 1972
<br />ORDINANCE AN ORDINANCE FOR TRANSFER OF $40,000 FROM ACCOUNTS
<br />MVH -12 "WAGES- SERVICES PERSONAL ", MVH -54 "RENTS -
<br />CURRENT CHARGES ", AND MVH -722 "MOTOR EQUIPMENT- PROPERTIES ",
<br />TO ACCOUNT MVH -42 "STREETS AND ALLEY MATERIALS ", ALL ACCOUNTS
<br />BEING WITHIN THE STREET DEPARTMENT BUDGET OF THE MVH 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 thereon. Mr. William Richardson, Director of
<br />Public Works, explained that since the preparation of the 1973 budget, they have analyzed the
<br />accounts in the 1972 budget. They have not replaced a number of employees who have retired or
<br />quit and have not used all the rental and motor equipment property accounts. They would like
<br />these funds transferred to Streets and Alley Materials. They consulted with the State Board
<br />of Accounts men and were given permission to purchase these materials out of money from the
<br />Local Road and Street Fund which will be replaced. Miss Virginia Guthrie, Executive Secretary
<br />of the Civic Planning Association, asked Mr. Richardson, since they have reduced the total work
<br />force and are transferring funds, if the department was overbudgeted for 1972. Mr. Richardson
<br />said he did not believe so. In response to a question from Councilman Serge, Mr. Richardson sa_c
<br />that the materials to be purchased included salt and aggregate material for alleys. Councilman
<br />Nemeth said he could find no reference to the item MVH -42 in the 1973 budget and Mr. Richardson
<br />explained that street and alley materials were broken down in separate aggregate and bituminous
<br />items in the 1973 budget. Councilman Szymkowiak made a motion that the ordinance go to the
<br />Council as favorable, seconded by Councilman Kopczynski. Motion carried.
<br />ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE AMOUNT
<br />OF $29,000.00 FROM THE GENERAL FUND OF THE CUMULATIVE CAPITAL
<br />IMPROVEMENT FUND TO THE FOLLOWING ACCOUNTS IN THE CUMULATIVE
<br />CAPITAL IMPROVEMENT FUND: 72 "PROPERTIES" $15,000.00. 44 "OTHER
<br />MATERIALS ", $14,000.00; ALL BEING WITHIN THE CUMULATIVE CAPITAL
<br />IMPROVEMENT FUND.
<br />This being the time heretofore set for public hearing on the above ordinance, proponents were
<br />given an opportunity to be heard. Mr. William Richardson, Director of Public Works, explained
<br />that this is the residue of money left over from the Portage Avenue Bridge project. Such funds
<br />from federal projects can lay around for 2 or 3 years until after an audit has been made. They
<br />have now released $29,000 back to the Cumulative Capital Improvement Fund. The Properties
<br />Account in the CCIF has been depleted by the funds used for the Northeast Code Enforcement
<br />Project. The Other Materials Account has been depleted because of money spent primarily for
<br />slag materials going into alleys. Councilman Szymkowiak made a motion that the ordinance go to
<br />the Council as favorable, seconded by Councilman Serge. Motion carried.
<br />ORDINANCE AN ORDINANCE AMENDING CITY CODE SEC. 15 -3 PROHIBITING THE
<br />SOUNDING OF LOCOMOTIVE WHISTLES OR HORNS WITHIN THE CITY
<br />OF SOUTH BEND TO PROHIBIT THE SOUNDING OF LOCOMOTIVE
<br />WHISTLES OR HORNS AT CERTAIN CROSSINGS.
<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 thereon. Mr. Charles Sweeney, Jr., City Attorne,
<br />explained that this ordinance will accompany a petition to the Public Service Commission which
<br />would exemp certain crossings from the blowing of whistles. The past state legislature changed
<br />the law to provide that all trains must blow their whistles at crossings They have allowed
<br />cities to petition for exemptions for certain crossings. Mr. Sweeney said that with the ordi.nanc
<br />and the petition, they will submit photographs of the six crossings and a chart showing the
<br />average week -day vehicular traffic for each crossing, the number of accidents in the last ten
<br />years and the number of fatalities in the last forty years. Mr. Sweeney then read the following
<br />information from the chart:
<br />Mrs. Audrey Conley, 1711 Belmont Street, said that the Grand Trunk Railroad is almost in her
<br />backyard. She said the train whistles are not too bad during the daytime, but are objectionable
<br />at night and particularly at two o'clock in the morning.
<br />Councilman Szymkowiak said that the matter of train whistles had been brought up by the lst and
<br />2nd District Councilmen and questioned why crossings in those districts were not included in the
<br />ordinance. Mr. Sweeney said that the ordinance was prepared at the direction of the Council and
<br />that this will be a test case. They will systematically petition for other areas where they can
<br />provide supporting data. Councilman Kopczynski said that he still would like an answer as to
<br />why the lst and 2nd Districts did not have any crossings included in this ordinance. Mr.
<br />Sweeney repeated that the Council directed his department to prepare this ordinance covering
<br />these protected crossings. Councilman Taylor asked Mr. Sweeney if he was satisfied that if
<br />the ordinance passed and there is an accident at one of these crossings the city will not be
<br />liable.. Mr. Sweeney said that he was satisfied and that the only time the city would be sub-
<br />ject to a lawsuit would be if there was a malfunction that the city was aware of. Councilman
<br />Serge asked Mr. Sweeney about certain crossings in the lst District, particularly the Wilbur
<br />Street crossing used by many school children. Mr. Sweeney said that he was aware of the problem
<br />with these crossings but said that they are without flashers or arms and that there must be
<br />some means of protecting vehicular traffic. Councilman Miller moved that the ordinance go to
<br />the Council as favorable, seconded by Councilman Taylor. The motion carried with Councilman
<br />Kopczynski casting a nay vote.
<br />There being no further business to come before the Committee of the Whole, Councilman Parent
<br />made a motion to rise and'report to the Council, seconded by Councilman Taylor. Motion carried.
<br />ATTEST: AT TES .
<br />CITY CLERK— CHA I Rb
<br />ACCIDENTS
<br />FATALITIES
<br />CROSSING
<br />VEHICULAR TRAFFIC A DAY
<br />LAST TEN YEARS
<br />LAST FORTY YEARS
<br />Greenlawn
<br />2,875
<br />1
<br />None
<br />Ironwood
<br />10,487
<br />None
<br />None
<br />26th Street
<br />2,723
<br />None
<br />2
<br />30th Street
<br />2,283
<br />None
<br />None
<br />35th Street
<br />1,025
<br />None
<br />None
<br />Logan Street
<br />11,624
<br />None
<br />2
<br />Mrs. Audrey Conley, 1711 Belmont Street, said that the Grand Trunk Railroad is almost in her
<br />backyard. She said the train whistles are not too bad during the daytime, but are objectionable
<br />at night and particularly at two o'clock in the morning.
<br />Councilman Szymkowiak said that the matter of train whistles had been brought up by the lst and
<br />2nd District Councilmen and questioned why crossings in those districts were not included in the
<br />ordinance. Mr. Sweeney said that the ordinance was prepared at the direction of the Council and
<br />that this will be a test case. They will systematically petition for other areas where they can
<br />provide supporting data. Councilman Kopczynski said that he still would like an answer as to
<br />why the lst and 2nd Districts did not have any crossings included in this ordinance. Mr.
<br />Sweeney repeated that the Council directed his department to prepare this ordinance covering
<br />these protected crossings. Councilman Taylor asked Mr. Sweeney if he was satisfied that if
<br />the ordinance passed and there is an accident at one of these crossings the city will not be
<br />liable.. Mr. Sweeney said that he was satisfied and that the only time the city would be sub-
<br />ject to a lawsuit would be if there was a malfunction that the city was aware of. Councilman
<br />Serge asked Mr. Sweeney about certain crossings in the lst District, particularly the Wilbur
<br />Street crossing used by many school children. Mr. Sweeney said that he was aware of the problem
<br />with these crossings but said that they are without flashers or arms and that there must be
<br />some means of protecting vehicular traffic. Councilman Miller moved that the ordinance go to
<br />the Council as favorable, seconded by Councilman Taylor. The motion carried with Councilman
<br />Kopczynski casting a nay vote.
<br />There being no further business to come before the Committee of the Whole, Councilman Parent
<br />made a motion to rise and'report to the Council, seconded by Councilman Taylor. Motion carried.
<br />ATTEST: AT TES .
<br />CITY CLERK— CHA I Rb
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