06-10-74 Council Meeting Minutes

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ITTEE OF THE WHOLE MEETING (CONTINUED) Sec. 20 -32 shall be amended to read: Any person who uses or operates a bicycle upon any of the public alleys, streets, parkways, thoroughfares, public school property, park property and city property in the City of South Bend may obtain a license from the City Controller or his designee. In Sec. 20 -33 (a), delete the words "Director of Public Safety" and insert the words "City Controller ". In Sec. 20 -33 (b), delete the word "April" and insert the word "June ". In Sec. 20 -34 (a), delete reference to the Director of Administration and Finance. Paragraph (a) to read: The City Controller shall provide license decals or other licensing device, together with the appropriate registration forms . . . Delete Sec. 20 -35. Renumber Sec. 20 -36 to Sec. 20 -35. Renumber Sec. 20 -37 to Sec. 20 -36. In Sec. 20 -38 (b), delete the words "Director of the Department of Administration and Finance" and insert the words "City Controller ". Renumber Sec. 20 -38 to Sec. 20 -37. In Sec. 20 -39, delete the words "Public Safety Department" from the third and fourth lines. Renumber Sec. 20 -39 to Sec. 20 -38. Delete Sec. 20 -40. Delete Sec. 20 -41. Delete Section II and.insert the following in its place: Whosoever operates any bicycle in violation of any provision of this Article or in violation of the state traffic laws or provisions of this code or traffic ordinances of the city, as they relate to street traffic and insofar as the laws are applicable, shall be guilty of a mis- demeanor and, upon conviction, shall be fined a sum not to exceed $100. In Section IV, delete the words "except Section 20 -41 which shall be effective July 15, 1974" and insert the words "as required by law ". Councilman Taylor seconded the motion. Councilman Parent indicated that the amendments were major in impact, and he felt that the Council could not deal with the amendments knowledgeably because it had not studied or reviewed the amendments. Councilman Miller talked about the difference between theory and practice. He felt many problems were created because of this. He stated that, rather than be restrictive, the citizens felt the program should be voluntary. He commended Councilman Parent on developing the basis for the ordinance and he felt that.the other councilmen also spent considerable time in discussing the matter. Councilman Taylor agreed with Councilman Miller. Councilman Horvath felt the Council should listen to the people who have had experience with bike thefts. He did not feel the Council should amend the ordinance further after all the work that was done on the ordinance. He felt the amendments made by Council President Nemeth would ruin the pro- posed ordinance without further consideration. Councilman Kopczynski talked about the police "picking on the bicycle riders ". He talked about the ordinance amended by Councilman Parent and th confusion created by the amendments. He felt the ordinance should go back to the Council Committee of the Whole. Councilman Serge talked about the crime rate and stolen bikes. He indicated that the thefts have dropped about 14 %. He felt the Council should go along with the program. Councilor Parent indicated that one of his main efforts was to involve citizens in their government. He stated that many people had come forward and made valuable contributions to the drafting of the ordinance. He stated that he depended on people to make many suggestions and he depended upon the citizens in drafting the proposed ordinance. Mr. Frank Kuminecz, 1534 Nash Street, stated that he was against the proposed ordinance. He felt Council President Nemeth was one of the most intellige individuals on the Council, and he agreed with him. He stated that he wished the Council would try to think of the taxpayers and not threaten "if you don't do something, you will be punished ". He hoped Council President Nemeth's amendments would be considered favorably. Chairman Newburn suggested that the matter be sent back to committee for further consideration. Councilman Horvath made a motion to send the ordinance back to committee, seconded by Councilman Parent. It was indicated that there was already a motion to amend on the floor. There was a brief discussion on the motions on the floor. Council President Nemeth asked for a vote on the motion to amend. Chairman Newburn asked for a show of hands on the motion to send the ordinance back to committee. It was indicated that five of the councilmen were opposed to sending the ordinance back to committe Therefore, Chairman Newburn ruled the motion lost. There was then a discussion on whether or not the public portion of the meeting was closed, and the parlimentary procedure was debated. A couple members of the audience objected to amending the ordinance and not being given an opportunity to discuss the amendments made by Council President Nemeth. The motion to amend the ordinance carried Councilman Taylor then made a motion that the ordinance be recommended favorably to the Council, as amended, seconded by Councilman Szymkowiak. The motion carried. Councilman Miller then made a motion that the ordinance repealing Ordinance No. 5650 -74 be r favorably to the Council, seconded by Councilman Kopczynski. The motion carried. There being no further business to come before the Committee of the Whole, Councilman Miller made a motion to rise and report to the Council, seconded by Councilman Taylor. The motion carried. ATTEST4Q-K, ATTES CITY CLERK CHA RMA