03-25-74 Council Meeting Minutes

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++++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++ .....++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++ REGULAR MEETING MARCH 25, 1974 Be it remembered that the Common Council of the City of South Bend met in the Morris Civic Auditorium, 211 North Michigan Street, on Monday, March 25, 1974, at 7:51 p.m., Council President Peter J. Nemeth presiding. The meeting was called to order and the Pledge to the Flag was given. CALL PRESENT: Councilmen Miller, Parent, Taylor Kopczynski, Horvath, Newburn and Nemeth. ABSENT: Councilmen Serge and Szymkowiak. ncilman Kopczynski made a motion to resolve into the Committee of the Whole, seconded by ncilman Taylor. The motion carried. COMMITTEE OF THE WHOLE MEETING Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on Monday, March 25, 1974, at 7:52 p.m., with seven members present and two members absent. Chairman Odell Newburn presided. ORDINANCE AN ORDINANCE AMENDING CHAPTER 20, VEHICLES AND TRAFFIC, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Robert J. Urban, Chief of Police, made the presentation for the ordinance in Mr. Gallagher's absence. He explained that Mr. Gallagher had planned to make the presentation but that he had not arrived at the meeting as yet because he had thought the annexation hearings would be quite lengthy. Chief Urban indicated that the proposed ordinance was drafted at the suggestion of the Police Department because of the number of thefts of bicycles. He stated that many other cities have similar programs of bike tagging, etc. He stated that the serial numbers have gone on computer, and the proposed ordinance would mandate 'that each bike be registered and issued a special tag. The serial number would be registered with the Police Department and put into the computer. A charge of $1.00 would be required for a three -year license to cover the cost of the tags and forms. Chief Urban indicated that the balance of the funds would be turned back into the General Fund. Mrs. Frederick Mutzl, 320 Parkovash, a member of the St. Joseph County Fair Tax Association, indicated that the ordinance provides that the bikes would be impounded if the license and tag was not obtained. She wondered who would be charged with enforcing this section. She wondered how the bikes would be picked up. Chief Urban stated that the bikes would be transported in squad cars and a Street Department unit was available for this purpose. Mrs. Mutzl indicated that the dog ordinan was not enforceable, likewise the weed and trash ordinance. She wondered if this ordinance would b enforceable and she questioned the need for the proposed ordinance. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, referred to Section 20 -31 (a)(1). He wondered about including three -wheel bicycles to be registered. Chief Urban felt the ordinance should be amended to include the three - wheelers. Mr. Evans stated that, according to the ordinance, any monies remaining in the fund were to stay in the fund. He wondered about Chief Urban's statement that the monies would be going into the General Fund,. Mr. Walter Lantz, Deputy City Controller, clarifi the situation. He stated that the ordinance proposes to set up a new fund and any expenditures would have to be appropriated by the Council. He stated that the General Fund should not have been mentioned. Council President Nemeth stated that he had advised Mr. Gallagher that -the proposed ordinance would probably not be heard until about 10:00 and that was the reason Mr. Gallagher was not present for the presentation of the ordinance. He then asked if it was legal to set up the bike fund. He wondered about confiscation of the bikes and penalties. He asked about a publica- tion clause and wondered if it would be considered a misdemeanor if the tag was not purchased and the bike not licensed. Mr. Robert Parker, Assistant City Attorney, felt the publication clause should be included in the ordinance. Councilman Miller asked about the value of creating a special fund, and Mr. Lantz suggested that this decision be left up to the Council. He stated that there was no specific value to creating a special fund. Councilman Miller referred to the statement made by Mrs. Mutzl regarding non - enforcement of the dog and weed and trash ordinances. He disagreed with her statement, indicating that he felt the trash ordinance was effective because of the many cases being handled and the weed problems being solved. He also felt the dog ordinance was effec- tive. Councilman Parent stated that the Public Safety Committee had met regarding the proposed ordinance and recommended that it be accepted by the Council. He felt that one of the problems with enforcement dealt with the manner in which the ordinances were prepared. He felt many of the city ordinances were outdated but were being brought up to date. Councilman Kopczynski made a moti that the ordinance go into the Committee of the Whole. The motion lost due to lack of a second. Councilman Taylor stated that a publicity campaign would be conducted through the schools beginning April 1 and running through May 31. He felt an effective date of June 1 should be inserted into the ordinance. He also felt the ordinance was merely "a tightening -up procedure ". He stated that bikes would be computerized in an effort to reduce the theft of the bikes. He felt there should be certain amendments to the ordinance, one such amendment being that three - wheelers should be includes and the inches in diameter should be 16 inches rather than 20 inches. Council President Nemeth fell that, whenever new ordinances are passed and there are other ordinances on record, the previous ordinance should be repealed. 04