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HomeMy WebLinkAbout09-23-74 Council Meeting Minutes.".."."i"F.".. i"F'F.. F i + . " . " F' +."..'F"}' +."..'+..... 'i' +'F.'f . "F...}" E.. .".'{-"F.. } . ..... . +. f '.."F.".. +'f"'F..'F... F"."F.i"'t"F....T'tt"r -H REGULAR MEETING SEPTEMBER 23, 1974 Be it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Monday, September 23, 1974, at 7:03 p.m., Council President Peter J. Nemeth presiding. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL PRESENT: Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth. ABSENT: None. Councilman Horvath made a motion to resolve into the Committee of the Whole, seconded by Councilmax 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, September 23, 1974, at 7:04 p.m., with nine members present. Chairman Odell Newburn presided`. ORDINANCE AN ORDINANCE ESTABLISHING FAIR CAMPAIGN PRACTICES WITHIN THE CITY OF SOUTH BEND. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Council President Nemeth made the presentation for `the ; ordinance. He indicated that he was not going to go over everything that had been previous discussed at the public hearing on the ordinance on August 12th, but that he wanted to pick up whet the Council had left off. He stated that there has been much conversation and discussion by the Council and certain interested citizens and groups. He felt it was the concensus of opinion that there should be some limitations on spending and contributions, and disclosure both before and aft( elections. He indicated that he had proposed certain amendments to the ordinance and he explained the amendments. The first change appeared on the first page regarding the meaning of the word "contributions He stated that a new paragraph (4) was inserted which was directly taken from the ordinance presented by the administration pertaining to the meaning of the word "expenditures HE added that he had deleted (b) from the section however, the remainder of paragraph (4) was as appeared in the Mayor's ordinance. Section V had been changed by deleting a few minor words, such as "solicit" Section VI had been amended simply to acknowledge state law to prohibit policemen and 'firemen from engaging in political activities. Council President Nemeth stated that -a new section VII had been added which set up a Fair Campaign Practices Commission of four members who would be appointed by the Mayor subject to approval of the Common Council. The procedures of the County Election Board would be followed and nothing would prohibit the County Election Board from serving on the commission if agreed to by the Mayor, Common Council and Election Board. The limi- tation on contributions had been changed to $500 for Mayor, $250 for Clerk and $100 for Councilman There was a new _section dealing with disclosure of finances. An account would have to be set up for contributions and expenditures, of a candidate. Disclosure of aggregate expenditures and con- tributions would be required of all amounts of $25 or over. Council President Nemeth made a motio - to amend the ordinance as he had explained and as presented to the City Clerk, seconded by Council Kopczynski. Councilman Miller indicated that, if the contributions were lowered, it might help the popular -typ candidate but might 'restrict ` the candidate that was not well known. He felt every person should have an equal chance of running. He stated that there were severe problems with a campaign reform measure. He objected to "Section VII whereby the Fair Campaign Practices Commission would be made up of 20% of the vote of the previous party. He felt it should be a bi- partisan board appointed by the county chairpersons. Councilman Parent agreed that the ordinance was very complicated to prepare. He indicated that another ordinance had been introduced by the administration pertaining to campaign' reform. He expressed disappointment that the ordinance presented by Council President Nemeth did not require -a candidate to file a personal financial statement. He did not see any problems with city employees working for a candidate on their own time. Councilman Taylor stated that he was pleased with Section IX pertaining to disclosure of campaign finances. He felt this was -a -very strong part of the ordinance. He stated that, if limits are set on how much a candidat can receive, some of the public had the idea that a person could only contribute $500. He felt th a contribution of more than $500 could be made to the political party, not directly to the candida He stated that he would never "try to sell the one percent club" as a method of doing good busines however, he felt that, when there isn't a one percent club, there is a greater tendency on "kick- backs". He wondered what the substitute could be for the one percent club, and he felt this was a very debatable point and alternative methods of funding would have to be found. Councilman Kopczynski felt the amendments proposed by Council President Nemeth were good and the total ordinance was made "palatable" by the proposed amendments. He felt fair campaign practices were needed in the city, and he stated that, if a certain section of the ordinance would be found at some future date to be ineffective or unworkable, the ordinance could always be amended. Council REGULAR MEETING SEPTEMBER 23 1974 COMMITTEE OF THE WHOLE MEETING (CONTINUED) President Nemeth stated that the ordinance did not restrict the right of employees from partici- pating in politics. He indicated that it restricted coercement of other employees. Regarding the donations to the political parties, the political parties would also fall under the limit and coul( not donate more than the specified amount to the candidates. Councilman Horvath asked for a clari- fication on the party limitations. Council President Nemeth stated that the party would be limiter to the amounts set forth in the ordinance. He indicated that it was presumed, in the fall election that the party would function for all candidates. Mr. James Roemer, City Attorney, felt that some further study of the ordinance was necessary in view of the comments made by the councilmen. Regarding Section V, he stated that it was being legislated that there should be no more one percex club. He stated that the Mayor has asked that the contributions be continued until the end of the year in order that some alternative method could be worked out. He wondered about the effect of "copying" a section from the Indiana Code regarding the prohibition of firemen and policemen from engaging in political activities. He stated that the administration had proposed that every cabinE officer and any employee earning $16,500 a year should make a personal financial disclosure to the public. He stated that state laws pre -empt in the area of contribution and expenditure limitation: He felt the Council did not have the legislative ability to set more stringent or less stringent limitations. He stated that he would recommend that the Mayor veto the ordinance as amended, if passed in that form, because of the limitations set. He again stated that he felt more time shoulc be given to the ordinance and the proposed amendments. Chairman Newburn wanted to make clear the fact that the ordinance was not a new ordinance -- merely an amended version of Council President Nemeth's ordinance filed previously. Council President Nemeth wondered about Mr. Roemer's remarks concerning the Council's limitation on candidates' expenditures and contributions. Mr. Roemer felt that the state legislated in that area, and it was inappropriate for the Council to also legislate in that area. Council President Nemeth wondered how Mr. Roemer could go along with dis- closure of campaign contributions and expenditures as contained in the Mayor's ordinance. He' referred to the Attorney General's opinion dated September 13, 1973, regarding limitations on candidates' contributions and expenditures. According to that, there really was no limitation on expenses, in his opinion. Mr. Roemer stated that, when the issue was researched, it was felt by the Legal Department this could be distinguished. He requested that he be allowed more time to study the ordinance. There was a call for the question. Chairman Newburn requested a roll call vote on Council Presides Nemeth's motion to amend the ordinance. The motion lost by a vote of six nays (Councilmen Serge, Miller, Parent, Taylor, Horvath and Newburn) and three ayes (Councilmen Szymkowiak, Kopczynski and Nemeth). Councilman Taylor stated that the Council President had put in much time and effort regarding his ordinance; however, he asked that further study be given the matter. He then made a 'motion that the ordinance go to the Committee of the Whole for further study, seconded by Councilm< 'Serge. Councilman Miller indicated that, again, the Council was in the process of bringing a matt( to the public and then delaying the issue. He felt the procedureshould be to discuss the amendment one at a time and give the public a chance to express themselves on the amendments. Then, the ordinance could be sent to committee for final drafting. He wondered if there was an attempt to kill the measure or if the councilmen had not done their work on the ordinance up to this time. Councilman Parent sympathized with Councilman Miller's comments; however, he stated that the ordinance was very complex and he felt very close to voting in favor of the ordinance with the amendments made by Council President Nemeth. He, too, felt more time should be given to the ordinance and the amendments. Councilman Taylor stated that, if there were people present at the meeting who wished to make comments, he would not want to stop them from discussing the issue. He felt that, if there were no comments made, his motion should stand. Council President Nemeth indicated that the ordinance had been filed on July 2. A public hearing was held on August 12, anc now the ordinance was again in public hearing. He felt there had been much time spent on delibera- tions of the ordinance. He felt that the Council had been discussing the matter for some time in caucus, and that the amendments should be considered one -by -one and then voted upon. There was discussion on whether or not the public hearing should be continued or if a vote should be taken on the motion to refer the ordinance to committee. Chairman Newburn indicated that he felt the citizens should be given an opportunity to speak. Mr. Irvin Sikorski, 145 Woodhill Lane, felt that monetary values were not being argued. He felt time was of the essence, and that other walks of life should run the city and not just attorneys and lawyers. Mrs. Nancy Kommers, 314 East Pokagon President of the League of Women Voters, stated that, with the original ordinance, the league had questioned the provisions of disclosure before election. She indicated that this had been rectifi in the amendment. The original ordinance had too restrictive a ceiling on contributions, in the league's opinion, and this had also been changed in the amendments. She indicated that the expenditures in the amended ordinance also seemed to be more in line with what the league had proposed. She also stated that now, there were enforcement procedures in the ordinance. She indicated that the league felt the ordinance was far superior with the amendments proposed by Council President Nemeth. She concluded by stating that she was not; however, urging any haste, but she reminded the Council that the matter had been under consideration for over two and one-hall months. Mrs. Joan McClure, 1029 Eberling Drive, Chairman of the American Association of Universit Women, read a statement supporting campaign reform and Council President Nemeth's efforts in this regard. She stated that the revised ordinance as amended met all the requirements that the assort tion felt necessary. Councilman Taylor again restated his motion to refer the ordinance to the Committee of the Whole, and Councilman Serge again seconded the motion. Councilman Parent indicated that he hoped there could be some kind of a deadline included in the motion in order that the ordinance could be acted upon no later than the first regular meeting in November. He made a motion to include that in Councilman Taylor's motion, seconded by Councilman Serge. Councilman Miller requested a roll call vote on the motion. The motion carried by a vote of five ayes (Councilmen Serge, Parent, Taylor, Horvath and Newburn) and four nays (Councilmen Szymkowiak, Miller, Kopczynski and Nemeth). ORDINANCE AN ORDINANCE APPROPRIATING -THE SUM OF $25,000.00 FROM GENERAL REVENUE OF THE WATER WORKS OF SOUTH BEND TO THE OPERATION AND MAINTENANCE FUND. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Paul Krueper, Manager of the Water Works, explained that the appropriation would be used for the repair of stop boxes that are established for the turn -off of water service lines to individual customers, and to maintain a program of continued operable stop boxes. REGULAR MEETING SEPTEMBER 23 1974 COMMITTEE OF THE WHOLE MEETING (CONTINUED) Mr. Gene Evans, Executive Secretary of the Civic Planning Association, wondered about the need of the stop boxes. Mr. Krueper stated that the stop boxes are located at the curb for the purpose of turning off and on the water when needed. He indicated that many of the boxes were damaged and inoperable. The property owners have not repaired them as it was originally intended. He felt th Water Works should maintain the boxes. Councilman Miller asked about the unappropriated balance i the Operation and Maintenance Fund of the Water Works. Mr. Krueper stated that everything goes in the General Fund or Operation and Maintenance Fund. The fund has been short because of previous deficiencies in income. The General Fund was in arrears approximately $300,000 because there had not been sufficient income coming into the fund; however, the arrears had been picking up. He indicated that the $25,000 could have been budgeted if this had been anticipated. This would be offset with the rate increase within the next few months, in Mr. Krueper's opinion. Councilman Miller wondered about the number of boxes to be repaired. Mr. Krueper stated that he hoped the number would be around 250. Councilman Miller wondered why this was going to outside contractors. Mr. Krueper stated that the money would not be spent there unless it had to be. He was hopeful that his own crew could do the work. He stated that the $25,000 would repair 250 boxes, and there were around 500 to be repaired in all. Councilman Szymkowiak asked where the boxes were located that needed repair. Mr. Krueper indicated that he had a list of around 480 to 500 boxes, mostly in the older areas of the city. Councilman Kopczynski indicated that he felt the $25,000 was a legitimate request. Councilman Kopczynski made a motion that the ordinance be recommended favorably to the Common Council, seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING THE SUM OF $10,000.00 FROM GENERAL REVENUE OF THE WATER WORKS OF SOUTH BEND TO THE OPERATION AND MAINTENANCE FUND. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Paul Krueper, Manager of the Water Works, made the presentation for the ordinance. He stated that professional services were needed in the northwest section of the city regarding the rusty water problem. It was hoped that the Water Work could do the work; however, some outside help might be needed. He stated that some phosphates might be added in the Pinhook area to line the pipes and hold the iron in its natural state in the water. He indicated that 80% of the iron was being removed and the remaining 20% was causing the problem. The water before filtering is aeriated and much oxygen goes with the water, oxidizing an causing the rust problems. He stated that, if the water could set for a longer period of time before pumping, perhaps the oxidizing could be cut down to a great extent. He felt that surge valves would also help reduce the rusty water situation. Councilman Szymkowiak felt that, with the elimination of fluoride, the rusty water problem might b solved. He asked that his idea be given a chance to see if the situation improved. Councilman Miller wondered about the expenditure of $10,000. Mr. Krueper stated that a firm named Watcon, an the firm's representative, Mr. Resnick, dealt strictly with water problems and some preliminary work has been done by Watcon. He stated that Wayne Chemical Company of Fort Wayne had also been contacted. He indicated that a contract was not being approved giving the $10,000 to Watcon. He stated that he would be using the money for surveys, purchase of surge valves, etc. Councilman Miller indicated that the purchase of valves should not be taken from the Outside Contractor Account but from the Equipment or Supply Account. In view of that, he made a motion to table the ordinance, seconded by Councilman Szymkowiak. Councilman Parent wondered if the money was appro- priated in the Outside Contractor Account and not spent, it could be spent for other items, and Mr. Krueper indicated that it could not. Mr. James Barcome, City Controller, recommended that the Council table the ordinance and a new ordinance would be drafted setting forth line items and amounts. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $107,000.00 FROM THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS HUMAN RESOURCES PRO- GRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF HUMAN RESOURCES. Council President Nemeth indicated that it was decided the ordinance would be continued, and this had been announced by the news media. He made a motion to refer the ordinance to the Human Resources Committee, seconded by Councilman Horvath. Councilman Kopczynski requested an itemized budget of the amount being requested. Councilman Taylor made a motion that the ordinance also be set for public hearing and second reading on October 14, 1974, seconded by Councilman Parent. Councilman Taylor indicated that, next Monday, a meeting had been scheduled regarding the appro- priation. Councilman Miller felt the Council had not done all the work required before the ordinance was to have public hearing. He felt several members have failed to study the issue and this was the reason for the delay. Councilman Parent stated that the Committee of the Whole had met last Monday regarding the issue. He stated that he was in favor of the passage of the ordinance at the present time; however, citizens had come before the Council regarding the issue. He felt the issue was to find another location for Delos House. Councilman Kopczynski stated that he had written a letter to Dr. Wilett asking for a detailed budget of the appropriation. He state that he would not vote in favor of any ordinance appropriating monies if a detailed budget was not furnished the Council. Councilman Taylor asked the audience if they had understood the matter would be postponed, and a woman in the audience indicated that she had understood that. Councilma Serge stated that the citizens have objected to the location of Delos House, and he felt this shou be resolved. The motion to refer the ordinance to committee carried. Councilman Miller made a motion to recess, seconded by Councilman Serge, and the motion carried. The Committee of the Whole recessed at 8:45 p.m. Reconvened at 8:55 p.m. ORDINANCE AN ORDINANCE APPROPRIATING $72,680.00 FROM THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS HUMAN RESOURCES (continued) REGULAR MEETING SEPTEMBER 23, 1974 COMMITTEE OF THE WHOLE MEETING (CONTINUED) ORDINANCE (CONTINUED) PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF HUMAN RESOURCES. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. William Hojnacki, Director of the Department of Human Resources and Economic Development, made the presentation for the ordinance. He stated that this proposal had been in the planning stages since June. The program would deal with the problems of alcoholism in the community and represented a commitment on the part of the City of South Bend to recognize alcoholism as a serious problem and an effort to try and solve the problem, He stated that there has been no cooperation with the county on the issue. He indicated that it was not anticipated that future funds would be requested. He introduced Mr. Robert Oswald, Chairm< of the Alcoholism Planning Body, residing at 3102 Miami Road, who indicated that the ordinance dealt with three agencies: Alcoholism Council, Hope Rescue Mission and Mental Health. He referre< to statistics of the alcoholism problem. In traffic related offenses, one out of fifty drivers is drunk. One out of fourteen cars driven on a Friday night have a person who has been drinking at the wheel. Regarding crime, 50% of the criminal acts deal with alcoholism as a factor. Regarding teenage drinkers, 870 of the girls, and 930 of the boys drink by 12th grade. He stated that, in industry, it costs one - fourth of the annual salaries to employers in a year because of absenteeism poor work, etc. He talked about the existing services within the city, stating that the Alcoholisi Council dealt with education and training, and referrals. The Community Alcohol Program provided therapy and: counseling, and the Hope Rescue Mission does rehabilitation and operates a withdrawal center. He indicated that the appropriation before the Council would support four counselors and provide a holding facility, educational programs and counseling. Mrs. Lee Swan, 2022 Swygart, wondered why the Alcoholics Anonymous was not included in the proposal A gentleman from the audience stated that the AA was a separate area and did not accept governmen- tal funds. He stated that the AA had chosen to remain this way. Mrs. Swan stated that she felt the AA had great success in its programs. Mr. Ken Tomlinson, Director of the Community Alcoholism Program, was introduced, and Mrs. Swan asked him how many people would be reached with the program Mr. Tomlinson stated that the program had over 800 people enter the program within the last year. Mrs. Swan wondered how the program had been funded. Mr. Tomlinson stated that the Criminal Justic Planning Agency contributes $71,000, and $98,000 is received from the state. Mrs. Swan wondered about the qualifications of the staff members. Mr. Tomlinson stated that the agency took the approach of the refined alcoholic and the professional. Mr. Tobe Schmucker, Director of Rescue, Inc., indicated that the program within the community was very extensive. He stated that Rescue, Inc. has a psychiatrist, social workers and a clergyman on the staff. An additional eight people are involved such as custodial and clerical. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, wondered about the period of time the $72,000 would cover. Mr. Oswald indicated that it would be for a one -year period and not be renewable. Councilman Kopczynski felt the Council should be given exact details about the budget when revenue sharing funds were requested. He made a motion to refer the ordinance to the Finance Committee, seconded by Councilm Szymkowiak. Mr. Hojnacki stated that, in June, each councilman was provided a 27 -page report whic included a line -by -line budget. He stated that an additional copy could be presented to the Counc if it wished. Councilman Parent stated that he felt the Council should not delay the matter. Councilman Taylor wondered when the funding would start. Mr. Hojnacki stated that it would be a one -year program and would depend upon when approval was received from the state on the appropria- tion request. Mr. Walter Lantz, Chief Deputy Controller, stated that it would probably take one 'month for approval from the State Board of Accounts. Councilman Taylor felt Councilman Kopczynski had a good point, and he felt that the program would be favored when the itemized budget was pre- sented for the Council's consideration. Councilman Serge wondered how long it took a person to resume normal living after being an alcoholic. Mr. Tomlinson stated that it all depended on the stage of alcoholism, but normally it took three months to a year. He stated that the project woul be hindered if the money was not available soon. Councilman Horvath felt an itemized description of the money should be furnished with the ordinances in the future in an effort to avoid any questions. Council President Nemeth wondered about the referrals from the court system. Mr. Tomlinson indicated that the courts had referred 456 cases, and 380 cases had been received from the community. Council President Nemeth wondered how much the county was contributing to the pro- gram, and Mr. Tomlinson indicated that the county was contributing nothing. Mr. Oswald stated that the County Commissioners had been approached and were not responsive to the program. He stated that the Criminal Justice funding was being lost at this time. Council President Nemeth wondered about some assistance from the courts, and Mr. Oswald indicated that approximately 500 of the people dealt with were referred by the court system; however, there was far greater impact in other areas of the community. Council President Nemeth felt more of an effort should be made to solicit some help from the county, and Mr. Oswald indicated that the agency would keep trying. Councilman Parent asked that a time limit be set on when the ordinance could come back for a public hearing ij it was the wish of the Council to refer the matter to the Finance Committee. Councilman Kopczynsk: stated that it would depend on when the itemized budget was submitted. Mr. Hojnacki stated that the budget had not been changed since it was originally prepared. Councilman Miller felt that, if the citizens were in need of help, help should be given them. He asked if the amount by category could be given at the present time, and Mr. Hojnacki gave a breakdown of the amounts within the ,appropriation request. Out of the total of $72,680, $15,000 would be used by the Alcoholism Counc: the salary of the assistant coordinator amounted to $7,000, plus fringe benefits of $1,175; the salary of the secretary amounted to $5,200, plus fringe benefits of $325. Training and education amounted to $1,300. The Alcohol Education Rehabilitation Program would receive $41,680, with $9,000 each for four counselors for a total of $36,000; fringe benefits at $4,600 and mileage at $1,000. The Hope Rescue Mission would receive $13,500, with $6,000 going for withdrawal and treat ment centers; $4,500 for holding facilities and minor medical; and $3,000 for the local walk -ins. Mental Health would receive the amount,of $2,500 for the salary of a part -time secretary. Council] Miller wondered if the budget could be reduced 100, and Mr. Hojnacki stated that he would recommen, the Council act favorably on the amount as requested. Chairman Newburn stated that it had been decided previously that the Council had no questions regarding the issue. He could not understand the questioning at this time concerning the budget. Councilman Serge felt the saving of lives was very important and he did not understand the concern over the proposed request for funds. There was a call for the question on the motion to refer the ordinance to the Finance Committee, and Chairman Newburn asked for a roll call vote on the motion. The motion lost by a vote of seven nays (Councilmen Serge, Miller, Parent, Taylor, Horvath, Newburn and Nemeth) and two ayes (Councilmen Szymkowiak and Kopczynski). Councilman Parent then made a motion that the ordinance be recommended favorably to the Common Council, seconded by Councilman Serge. The motion carried. 1 .1: 1 L 1 REGULAR MEETING SEPTEMBER 23, 1974 COMMITTEE OF THE WHOLE MEETING (CONTINUED) ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA (intersection of Cushing and Beale Streets). Chairman Newburn indicated that a continuance of the ordinance had been requested. Councilman Serge made a motion to continue the ordinance to the October 14, 1974, meeting of the Council, seconded by Councilman Horvath. The motion carried. ORDINANCE AN ORDINANCE ESTABLISHING A NEW ACCOUNT, #726.0, "OTHER EQUIPMENT ", AND TRANSFERRING $7,000.00 FROM ACCOUNT #261, "OTHER CONTRACTUAL SERVICES ", TO THIS NEW ACCOUNT, BOTH ACCOUNTS BEING WITHIN PROGRAM FA27 IN THE REVENUE SHARING TRUST FUND, OF THE CITY OF SOUTH BEND. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. James Seitz, Director of the Department of Public Parks, made the presentation for the ordinance. He explained that the funds would be used for purchase of certain equipment at the Rum Village Nature Education Center. He stated that he had submitted to the Council a list of the proposed equipment to be purchased. He introduced Mrs. Fran Twitchell, the new Director of the Education Center. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, asked about the type of equipment being purchased. Mrs. Twitchell indicated that audio visual equipment would be purchased, which would be the largest expenditures, including a slide projector, film strip projector, record player, screen rostrum and amplification equipment. She stated that the Council members had been furnished a list of the equipment, and she would be very happy to also furnish the list to Mr. Evans if he wished. Councilman Miller complimented Mrs. Twitchell and Mr. Seitz, stating that the budget received by the Council was the most detailed budget he had ever seen. Councilman Kopczynski also complimented Mr. Seitz on the budget, and Councilman Parent commended the Park Department staff for their fine work. Councilman Serge made a motion that the ordinance be recommended favorably to the Common Council, seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Richard Morgan, the attorney representing the petitioner for the annexation, practicing at the First Bank Building, made the presentation for the ordinance. He stated that the land was contiguous to the City of South Bend, and he referred to a map of the property outlining the area to be annexed. The property was'part of an industrial park which was bounded on the south by the Bypass, on the west by the Penn Central Railroad, on the east by the present city limits, and abutted Ireland Road on the north one -half mile west of U.S. 31. Council President Nemeth wondered about the services the city would be required to provide, and Mr. Morgan stated that, at present, the land was vacant and no services would be sought. Mr. Rollin Farrand, Director of the Department of Public Works, stated that se, and water facilities were already available for the area and the streets have been put in and wo be dedicated to the city. Councilman Kopczynski made a motion that the ordinance be recommended favorably to the Common Council, seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $110,000.00 FROM THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR REPAIR WORK TO THE SOUTH BEND DAM, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC WORKS. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Patrick McMahon, Manager of the Bureau of Public Construction, made the presentation for the ordinance. He presented slides to the Council showing the South Bend Dam and the need for extensive repair to the dam. He explained that the total project cost would be approximately $210,000, and the amount of $100,000 has been secured by the Department of Natural Resources in a'10 -year loan to be paid back through the Cumulative Capital Improvement fund at an interest rate of 1%. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, wondered if the work could be covered by the total amount. Mr. McMahon stated that the figure was in line with the river corridor study which was submitted to the Council in December of 1973. He stated that bids have been received through the Board of Public Works and the project could be completed for $210,000. The contract was bid by three firms, and two of the bids included dewatering which had been accomplished previously at no great expense. Councilman Kopczynski made a motion that the ordinance be recommended favorably to the Common Council, seconded by Councilman Szymkowiak. The motion carried. ORDINANCE AN ORDINANCE FOR ADDITIONAL APPROPRIATION FROM THE GENERAL PARK FUND TO ACCT. #260.0, "OTHER CONTRACTUAL SERVICES ", IN THE AMOUNT OF $32,754.00 AND ACCT. #440.0, "OTHER MATERIALS ", IN THE AMOUNT OF $7,000.00. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. James Seitz, Director of the Department of Public Parks, made the presentation for the ordinance. He explained that the Department of Parks REGULAR MEETING SEPTEMBER 23 1974 COMMITTEE OF THE WHOLE MEETING (CONTINUED) lad received a fifty percent match from the Bureau of Outdoor Recreation for the site work at the Zing Recreation Center. He stated that the funds were received too late to show in the additional appropriations to be made July 1 to December 31 of the present year in the 1975 budget. He reques "-he Council to approve the appropriation of $32,754 from the General Fund for use as the city's share to match the $40,000 grant received from the American Revolution Bicentennial Commission Eor work on the Centennial and Pier Park area. The balance of the money being $7,000 would be ased to purchase materials for the installation of water and sewer lines for Belleville Gardens ?ark. Kr. Gene Evans, Executive Secretary of the Civic Planning Association, wondered if the income received had shown up in the miscellaneous revenues in the 1975 budget, and Mr. Seitz indicated that it had not. Councilman Szymkowiak made a motion that the ordinance be recommended favorably to the Common Council, seconded by Councilman Kopczynski. Councilman Kopczynski wondered about the possibility of using revenue sharing funds for Belleville Gardens Park, and Mr. Seitz indicated that he would probably have to request revenue sharing funds to finish the project. Councilman Kopczynski state that he has followed the progress of the Park Department and he felt a fine job had been done by Mr. Nemeth and the Park Department crews. Council President Nemeth wondered about the plans for Centennial Park, and Mr. Seitz stated that a plan would be drawn to include a "people's area" when people could congregate - -a passage recreation area and a retaining wall along the river, which wou have to be constructed. Council President Nemeth asked if much of the area would be covered with concrete or grass. Mr. Seitz stated that a great portion of the area would be lawn area with tree and flowers, etc. Councilman Kopczynski stated that he had seen a park similar to the plans for Centennial Park in Cleveland, and he expressed disappointment in that park, hoping that South Bend park would not turn out like Cleveland's had. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING THE SUM OF $26,730.00 FROM THE LOCAL ROADS AND STREETS FUND, AND $2,970.00 FROM LINE ITEM 260.0 OF THE CUMULATIVE CAPITAL IMPROVEMENT FUND TO R & S 66 AND R & S 67 AS SET FORTH IN SECTION I OF THIS ORDINANCE. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Rollin Farrand, Director of the Department of Public Works, made the presentation for the ordinance. He explained that the ordinance would appropriate funds for the design of two intersection areas within the city. The first would deal with the evaluation and redesign of the Williams Street intersection in order to provide for an easier and more efficient movement of traffic from Wayne Street to Lafayette and Western. He stated that there were three ways of responding to the problem: doing nothing about it, taking out the jog at Taylor and constructing an S curve to handle traffic on Chapin; or provide turning radii sufficient to handle traffic. He stated that the Western Avenue Businessmen's Association was interested in the proposals as the traffic would affect Western Avenue because Western Avenue constituted a major access into the downtown area. Regarding the Portage intersection, there were five problems that complicated traffic movements: traffic entering onto Portage, conflicts with school children, high speed vehicles, substandard lane widths on Portage and interruptions of continuous traffic. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, wondered about the total cost of the project. Mr. Farrand stated that the contract was based on a 7 -8% design fee. Mr. Evans asked if the funds would be available in the Local Roads and Streets Fund. Mr. Farrand stated that he was anticipating that that would be the source of funding. Council President Nemet] wondered about the possibility of a connector back to Williams. Street. Mr. Farrand stated that this might have to be a consideration if the right angle turns were not adequate. Councilman Kopczynski stated that there was a great need for the projects; however, he wondered if the city was designing too many projects and would not have any money available in the future for actual construction. Mr. Farrand stated that some of the decisions are simply priorities. He felt the department was not designing projects that could not be built within a four -year program. He mentioned the problem cities encounter on receiving funds for specific projects. Councilman Kopczynski stated that the Council, some time ago, had appropriated money for a study on Sample Street. He wondered about this project, and Mr. Farrand stated that the survey had been completed and that he would provide an update on that project for the Council. Councilman Miller wondered about the design contractors, and Mr. Farrand stated that Clyde Williams would design both project Councilman Miller wondered if the Woodlawn and Hamilton area could be done in- house. Mr. Farrand stated that the department had reached its limits on in -house work. Councilman Miller wondered if the traffic count really justified signalization of the intersections being considered. Mr. Farra stated that there were five considerations on installing signals, and the speed factor warranted t installation. Councilman Szymkowiak wondered about the widening of Western Avenue near the via- duct. Mr. Farrand indicated that a meeting had been held with the state because it was a state highway, and the city was not anxious to put money into the project at this time. Councilman Serge made a motion that the ordinance be recommended favorably to the Common Council, Iseconded by Councilman Kopczynski. The motion carried. ORDINANCES AN ORDINANCE AUTHORIZING THE TRANSFER OF $950.77 FROM THE MUNICIPAL BONDS OF 1965 FUND TO THE GENERAL SINKING FUND OF THE CITY OF SOUTH BEND, INDIANA, and AN ORDINANCE APPROPRIATING $6,800.00 TO ACCOUNT NO. 610.0, CURRENT OBLIGATIONS - INTEREST ON BONDS ", FROM THE GENERAL SINKING BOND FUND OF THE CITY OF SOUTH BEND, INDIANA, and 1 1 1 REGULAR MEETING SEPTEMBER 23, 1974 COMMITTEE OF THE WHOLE MEETING (CONTINUED) ORDINANCES (CONTINUED) AN ORDINANCE TRANSFERRING $3,900.00 FROM THE MUNICIPAL BONDS OF 1971 TO THE GENERAL SINKING BOND FUND, BOTH FUNDS BEING WITHIN THE CITY OF SOUTH BEND, INDIANA. Council President Nemeth made a motion to suspend the rules and take action on the above three ordinances at the same time, seconded by Councilman Taylor. The motion carried unanimously. This being the time heretofore set for public hearing on the above ordinances, proponents and opponents were given an opportunity to be heard. Mr. Walter Lantz, Chief Deputy Controller, made the presen- tation for the ordinances. He stated that the purpose of the three ordinances was to transfer and appropriate interests from the three funds to the General Sinking Bond Fund to pay the principal and interest on December 1st of the bond payments. Councilman Szymkowiak made a motion that the ordinances be recommended favorably to the Common Council, seconded by Councilman Horvath. The motion carried. There being no further business to come before the Committee of the Whole, Councilman Taylor made a motion to rise and report to the Council, seconded by Councilman Horvath. The motion carried. ATTEST: CITY CLERK REGULAR MEETING - RECONVENED W0002001", / Be it remembered that the regular meeting of the Common Council of the City of South Bend, Indiana reconvened in the Council Chambers at 10:15 p.m., Council President Nemeth presiding and nine mem- bers present. REPORT FROM THE COMMITTEE ON MINUTES To the Common Council of the City of South Bend: Your committee on the inspection and supervision of the minutes, would respect- fully report that they have inspected the minutes of the September 9, 1974, regular meeting of the Council and found them correct. They, therefore, recommend that the same be approved. s/ Peter J. Nemeth Councilman Newburn made a motion that the report be accepted as read and placed on file and the minutes be approved, seconded by Councilman Kopczynski. The motion carried. REPORT FROM THE COMMITTEE OF THE WHOLE Councilman Kopczynski made a motion to waive the reading of the report of the Committee of the (Whole, seconded by Councilman Taylor. The motion carried by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). REPORT FROM THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY Mr. Patrick Gallagher, Director of the Department of Public Safety, made his quarterly report to the Council. He stated that, for the first eight months of 1974, the crime rate has come down 7.6 and there has been a decrease in violent crimes of 28 %. Property crimes have decreased 5.4% over last year. Regarding the Animal Control Program, four vans have been purchased and put into operation. The truck patrol was in operation 160 hours each week. Councilman Miller wondered if the men were taking the vans home. Mr. Gallagher indicated that he was not aware of that. He stated that he would check on that matter. Councilman Kopczynski wondered where the vans were garaged, and Mr. Gallagher indicated they were taken to the Municipal Services Facility. Councilm Kopczynski wondered if all the trucks were in operation, and Mr. Gallagher stated that Mr. Steed has assured him that they were. He indicated that possibly two of the vans were not manned becaus the men were presently in the police academy. He then talked about the Paramedic Program which wa ready for commencement. He stated that a complete report has been prepared regarding the radio communications within the city and was furnished to the Council. He indicated that the report showed that there were approximately 450 units to keep in operation within the city and 68 units outside the city which were the school corporation. He stated that 500 of the units were five or more years old, and there are 250 additional pieces of equipment that must be kept in operation throughout the year. Regarding the demolition of substandard buildings, he stated that 156 structures were demolished in 1973, and 152 structures have been contracted for in 1974. He talke< about the research made on a promotional system within departments. He mentioned that a case stud, for the criminal justice system in South Bend would be undertaken. Councilman Serge wondered about the ranks in burglary and the decrease in crime. Mr. Gallagher stated that, as of January 1, the FBI shifted the category and amounts for the ranks. He stated that this would not eliminate the listing of larcenies. Councilman Serge wondered about what has taken place in Census Tract No, 6 as far as the crime rate. Mr. Gallagher indicated that he did not have those figures available; however, during July and August, Part I Offenses were up a total of 6% and 4% respectively. All other crimes decreased in that two -month period. Councilman Kopczynski wondered about the personne attending the police academy who were involved in the Animal Control Program. Mr. Gallagher indicated that two of the four employees were attending at the present time. The others would be put on a staggered basis. Basic police officers' work was taught, report making, a session on the range, first aid, and how to encounter various problems during the day. Councilman Kopczynski wondered if this was necessary for the employees of the Animal Control Program. He wondered if th people would stay with the program once trained. Mr. Gallagher indicated that there was no guarantee on how long a person would stay on any one job. Mr. Gallagher then stated that a practi .aas been started regarding the substandard buildings, and the Council would be notified of the structures to be demolished. Councilman Taylor felt citizen participation had a great deal to do REGULAR MEETING SEPTEMBER 23, 1974 REGULAR MEETING - RECONVENED (CONTINUED) with how effective a police department functioned. He talked about a program involving citizen patrols being conducted in certain areas. He stated that the idea was to have citizens in radio contact with police in the area. He stated that the neighborhoods would become involved on a voluntary basis. He felt the idea was worthwhile and he asked that it be considered. Mr. Gallagher indicated that some efforts have been made regarding the "block watchers ". He stated that it has seemed to be effective. Councilman Kopczynski talked about another program where citizens ride with the policemen in a normal day's work. He felt that many shortcomings could be worked out between the police and the citizens. Mr. Gallagher stated that the city could not be removed from any type of liability if the citizens were injured, even if a waiver had been filed. He indicated that he had received a legal opinion regarding the issue. Councilman Kopczynski felt it should be determined why the city could not institute the program. Mr. Gallagher indicated tha he would request Mr. Roemer to check into the matter further. Council President Nemeth thanked Mr Gallagher for his presentation. ORDINANCES, SECOND READING ORDINANCE AN ORDINANCE ESTABLISHING FAIR CAMPAIGN PRACTICES WITHIN THE CITY OF SOUTH BEND. This ordinance had second reading. Council President Nemeth reminded the Council members that four months would be taken on the ordinance if postponed until November, and he felt this was too long a period of time. Councilman Miller made a motion to continue the ordinance to the October 1 1974, meeting of the Council, seconded by Councilman Parent. The motion carried. ORDINANCE NO. 5731 -74 AN ORDINANCE APPROPRIATING THE SUM OF $25,000.00 FROM GENERAL REVENUE OF THE WATER WORKS OF SOUTH BEND TO THE OPERATION AND MAINTENANCE FUND. This ordinance had second reading. Councilman Kopczynski made a motion that the ordinance pass, seconded by Councilman Horvath. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE AN ORDINANCE APPROPRIATING THE SUM OF $10,000.00 FROM GENERAL REVENUE OF THE WATER WORKS OF SOUTH BEND TO THE OPERATION AND MAINTENANCE FUND. This ordinance had second reading. Councilman Taylor made a motion to table the ordinance, seconded by Councilman Kopczynski. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $107,000.00 FROM THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS HUMAN RESOURCES PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF HUMAN RESOURCES. This ordinance had second reading. Councilman Miller made a motion to continue the ordinance to the October 14, 1974, meeting of the Council, seconded by Councilman Kopczynski. The motion carried. ORDINANCE NO. 5732 -74 AN ORDINANCE APPROPRIATING $72,680.00 FROM THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS HUMAN RESOURCES PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF HUMAN RESOURCES. This ordinance had second reading. Councilman Parent made a motion to pass the ordinance, seconded by Councilman Serge. The ordinance passed by a roll call vote of seven ayes (Councilmen Serge, Miller, Parent, Taylor, Horvath, Newburn and Nemeth) and two nays (Councilmen Szymkowiak and Kopczynski). Councilman Kopczynski indicated that he had voted against passage of the ordinance because a detailed budget had not been received. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA (intersection of Cushing and Beale Streets). This ordinance had second reading. Councilman Taylor made a motion "to continue the ordinance to the October 14, 1974, meeting of the Council, seconded by Councilman Kopczynski. The motion carried. ORDINANCE NO. 5733 -74 AN ORDINANCE ESTABLISHING A NEW ACCOUNT, #726.0, "OTHER EQUIPMENT ", AND TRANSFERRING $7,000.00 FROM ACCOUNT #261, "OTHER CONTRACTUAL SERVICES", TO THIS NEW ACCOUNT, BOTH ACCOUNTS BEING WITHIN PROGRAM FA27 IN THE REVENUE SHARING TRUST FUND OF THE CITY OF SOUTH BEND. This ordinance had second reading. Councilman Kopczynski made a motion to pass the ordinance, seconded by Councilman Serge. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn.and Nemeth). 1 1 REGULAR MEETING SEPTEMBER 23 1974 REGULAR MEETING - RECONVENED (CONTINUED) ORDINANCE NO. 5734 -74 AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND (George F. Burnett). This ordinance had second reading. Councilman Kopczynski made a motion seconded by Councilman Taylor. The ordinance passed by a roll call vote Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn ORDINANCE NO. 5735 -74 AN ORDINANCE APPROPRIATING $110,000.00 FROM THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR REPAIR WORK TO THE SOUTH BEND DAM, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC WORKS. to pass the ordinance, of nine ayes (Councilmen and Nemeth). This ordinance had second reading. Councilman Kopczynski made a motion to pass the ordinance, seconded by Councilman Taylor. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE NO. 5736 -74 AN ORDINANCE FOR ADDITIONAL APPROPRIATION FROM THE GENERAL PARK FUND TO ACCT. # 260.0, "OTHER CONTRACTUAL SERVICES ", IN THE AMOUNT OF $32,754.00, AND ACCT. #440.0, "OTHER MATERIALS ", IN THE AMOUNT OF $7,000. This ordinance had second reading. Councilman Kopczynski made a motion seconded by Councilman Taylor. The ordinance passed by a roll call vote Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn ORDINANCE NO. 5737 -74 AN ORDINANCE APPROPRIATING THE SUM OF $26,730.00 FROM THE LOCAL ROADS AND STREETS FUND „ AND $2,970.00 FROM LINE ITEM 260.0 OF THE CUMULATIVE CAPITAL IMPROVEMENT FUND TO R & S 66 AND R & S 67 AS SET FORTH IN SECTION I OF THIS ORDINANCE. to pass the ordinance, of nine ayes (Councilmen and Nemeth). This ordinance had second reading. Councilman Kopczynski made a motion to pass the ordinance, seconded by Councilman Horvath. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE NO. 5738 -74 AN ORDINANCE AUTHORIZING THE TRANSFER OF $950.77 FROM THE MUNICIPAL BONDS OF 1965 FUND TO THE GENERAL SINKING FUND OF THE CITY OF SOUTH BEND, INDIANA. This ordinance had second reading. Councilman Kopczynski made a motion to pass the ordinance,, seconded by Councilman Taylor. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE NO. 5739 -74 AN ORDINANCE APPROPRIATING $6,800.00 TO ACCOUNT NO. 610.0, "CURRENT OBLIGATIONS - INTEREST ON BONDS ", FROM THE GENERAL SINKING BOND FUND OF THE CITY OF SOUTH BEND, INDIANA. This ordinance had second reading. Councilman Taylor made a motion to pass the ordinance, seconded by Councilman Kopczynski. The ordinance passed by a roll call vote of nine ayes (Counci Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE NO. 5740 -74 AN ORDINANCE TRANSFERRING $3,900.00 FROM THE MUNICIPAL BONDS OF 1971 TO THE GENERAL SINKING BOND FUND, BOTH FUNDS BEING WITHIN THE CITY OF SOUTH BEND, INDIANA. This ordinance had second reading. Councilman Taylor made a motion to pass the ordinance, seconded by Councilman Kopczynski. The ordinance passed by a roll call vote of nine ayes (Counci Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). RESOLUTIONS RESOLUTION NO. 443 -74 A RESOLUTION OF THE COMMON COUNCIL APPROVING CERTAIN CHANGES IN THE FINANCING AGREEMENT FOR ST. JOSEPH - BROWN BUILDING COMPANY (ONE PLAZA PLACE) AUTHORIZING THE ISSUANCE AND CONFIRMING THE SALE OF ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 1974. WHEREAS, the City of South Bend, Indiana, has approved the acquisition and construc- tion of an economic development project and the leasing of the same to St. Joseph -Brown Building Company and has authorized the issuance and sale of $995,000 principal amount of Economic Development Revenue Bonds, Series 1974 (One Plaza Place Building), for the purpose of paying the cost of acquiring and constructing the economic development project and necessary expenses incidental thereto, and has authorized the execution and delivery of an Indenture securing the bonds and providing for the disbursement of a portion of the proceeds thereof; and prescribing other matters pertaining thereto; and REGULAR MEETING SEPTEMBER 23 1974 REGULAR MEETING - RECONVENED (CONTINUED) RESOLUTION NO. 443 -74 (CONTINUED) WHEREAS, the City has, in connection with the Project, approved the execution of a lease, dated February 1, 1974, by the City, as Lessor, to St. Joseph -Brown Building Company ( "the Company "), as Lessee, ( "the Lease ") and the Company will enter into a sublease of the Project with St. Joseph Bank and Trust Company which instrument was dated February 1, 1974 ( "the Sublease "), which instrument was also approved by the City; and WHEREAS, in order that the City may acquire the right, title and interest of the Company in Tract #2 of the Project Site, described in Exhibit A to the Lease, which Tract is owned by Whitcomb and Keller, Inc., an Indiana corporation, which land was leased to St. Joseph Bank and Trust Company, an Indiana banking association, pursuant to an Agreement dated April 8, 1969 ( "the Ground Lease "), and subleased by St. Joseph Bank and Trust Company to the St. Joseph -Brown Building Company pursuant to a Lease and Agreement dated January 24, 1974 ( "the Ground Sublease "), it is necessary for the City to enter into an Assignment of Ground Sublease dated September 1, 1974, from the Company to the City ( "the Assignment of Ground Sublease ") ;. and WHEREAS, it is necessary for'the City to approve the revised form of Lease, Sublease and Indenture dated September 1, 1974, in substantially the form herein pre- sented: NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: Section 1. There is hereby authorized the execution and delivery of the Indenture, the Lease and the Assignment of Ground Sublease, in substantially the form attached hereto as Exhibit A, B and C respectively, which instruments are hereby approved and incorporated by reference and made a part hereof. Section 2. The Sublease is hereby approved and incorporated by reference and made a part hereof in substantially the form attached hereto as Exhibit D. Section 3. The Series 1974 Bonds to be issued for the Project shall be dated September 1, 1974, as provided in the Indenture. Section 4. The provisions of this Resolution are hereby declared to be separable and if any section, phrase or provision shall for any reason be declared by a court of competent jurisdiction to be invalid or unenforceable, such declaration shall not effect the validity of the remainder of the sections, phrases and provisions. Section 5. All orders and resolutions and parts thereof in conflict herewith are to be the extent of such conflict hereby repealed, and this Resolution shall take effect and be in full force immediately upon its adoption and signing by the Mayor. s/ Peter J. Nemeth Member of the Common Council A public hearing was held on the resolution at this time. Councilman Parent made a motion to amen the resolution as presented to the City Clerk, seconded by Councilman Horvath. Council President Nemeth indicated that the Council had previously approved the project in the form of a resolution and ordinance; however, an additional change had been made regarding the land on which the buildi was located. He stated that the city would be given first title to the ground sublease.. The motion to amend carried. Councilman Miller then made a motion to adopt the resolution as amended, seconded by Councilman Parent. The resolution was adopted by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCES, FIRST READING ORDINANCE AN ORDINANCE ESTABLISHING FAIR CAMPAIGN PRACTICES AND DISCLOSURE WITHIN THE CITY OF SOUTH BEND. This ordinance had first reading. Councilman Kopczynski made a motion to set the ordinance for public hearing and second reading on October 14, 1974, seconded by Councilman Parent. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING THE SUM OF $19,869.57 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND (Oak Park - Edison Road Sanitary Sewer Project). This ordinance had first reading. Councilman Kopczynski made a motion to set the ordinance for public hearing and second reading on October 14, 1974, seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $600.00 FROM THE PARKING METER FUND TO ACCOUNT 430.0, "REPAIR PARTS ", WITHIN THE PARKING METER DEPARTMENT, CITY OF SOUTH BEND, INDIANA. This ordinance had first reading. Councilman Horvath made a motion to set the ordinance for public hearing and second reading on October 14, 1974, seconded by Councilman Taylor. The motion carried. 1 J 1 REGULAR MEETING SEPTEMBER 23 1974 REGULAR MEETING - RECONVENED (CONTINUED) ORDINANCE AN ORDINANCE TRANSFERRING $1,000.00 FROM ACCOUNT 630.0, "P.E.R.F." TO ACCOUNT 242.0, "PUBLICATION OF LEGAL NOTICES ", BOTH ACCOUNTS BEING WITHIN THE CONTROLLER'S BUDGET OF THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. This ordinance had first reading. Councilman Taylor made a motion to set the ordinance for public hearing and second reading on October 14, 1974, seconded by Councilman Kopczynski. The motion carried. ORDINANCE AN ORDINANCE TRANSFERRING FUNDS BETWEEN VARIOUS ACCOUNTS WITHIN THE FIRE DEPARTMENT BUDGET, IN THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. This ordinance had first reading. Councilman Kopczynski made a motion to set the ordinance for public hearing and second reading on October 14, 1974, seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE PROHIBITING SMOKING AND THE CARRYING OF LIGHTED OBJECTS UPON BUSES. This ordinance had first reading. Councilman Parent made a motion to set the ordinance for public hearing and second reading on October 14, 1974, seconded by Councilman Taylor. The motion carried Councilman Parent indicated that he was not the "sponsor" of the ordinance as had been indicated i the newspaper. UNFINISHED BUSINESS Councilman Parent brought up the subject of the special committee formed by Council President Neme to investigate the Police Department. He stated that much interest has been generated from the start regarding the committee and the investigation. He indicated that, already, two councilmen have resigned from the committee. He stated that he had studied the resolution adopted on August 12th, whereby a public investigation be made of the Police Department by the Common Council and any other personnel deemed necessary. He stated that he had interpreted this to mean that the entire Council should conduct the investigation. He wanted a fair investigation of the department and he felt this was the only fair way to go about the matter. He made a motion to reaffirm the resolution adopted on August 12, 1974, and to allow any councilmen who wished to serve on the committee to serve, seconded by Councilman Taylor. Councilman Miller indicated that he had thought Councilman Parent had requested an opinion from the City Attorney regarding the matter. He asked about this. Councilman Parent indicated that he had contacted the City Attorney but had been informed that additional time would be needed in order to render an opinion. Councilman Miller felt there was a legal question open to a good interpretation. He questioned any action that the Council might take to jeopardize the Council President's powers. He also felt that it would be to Councilman Serge's advantage not to serve on the committee because he had been named. Councilma Parent stated that Councilman Miller was misinterpreting his motion. He merely wanted any member that wished to serve appointed to the committee. Councilman Serge indicated that he desired "to serve on the committee. He stated that he was not involved in anything illegal. Councilman Paren stated that, if the committee was not valid as now appointed, it would not have the power of subpoena. He felt that, by allowing anyone to serve on the committee, that legal question would be taken care of. Council President Nemeth stated that he has appointed many special committees and the procedure has never been objected to before. He wondered why now Councilman Parent was objecting to the committee. Councilman Parent stated that he had objected to the appointment of the committee when it had been discussed in caucus. Council President Nemeth felt the wishes of the Council should be honored; however, he had appointed the committee as he thought best, taking into consideration the amount of time needed to conduct the investigation, etc. Councilman Kopczynski referred to the formation of the special committee on Governmental Procedure of which Councilman Parent was chairman. He stated that so far, nothing has been done by the committee on a matter that had been referred to it some time ago. Councilman Newburn talked about the powers and duties of the Council President. He stated that, in the past, there were no objections made to the special committees. Council President Nemeth again indicated that he would accede to the wishes of the majority of the Council; however, he could not understand why the procedure was bei questioned. Councilman Taylor stated that the issue was raised in caucus by more than just one councilman. He stated that the thought expressed was that it would be a good idea to allow anyon to serve who wanted to serve on the committee. Council President Nemeth felt the question being argued was whether or not Councilman Taylor should be on the committee. He felt the committee should remain at five members. Councilman Taylor felt the main reason he had not been appointed to the committee was because he was a Republican and one Republican was already serving on the committee. Councilman Parent indicated that he wanted to speak on the remark made regarding his being the "spokesman" for the Mayor as had been indicated in the newspaper. He did not feel this was an accurate statement. He stated that his voting record be checked to determine where he stood. Councilman Horvath stated that the issue had shown the political battles to be undertaken the following year. Councilman Serge indicated that he was a Democrat and would back any Democra i< candidate, not just Jerry Miller, and he objected to being called a "rubber stamp" for the admin- istration. There was a call for the question. A roll call vote was requested. Councilman Paren motion carried by a vote of five ayes (Councilmen Serge, Parent, Taylor, Horvath and Newburn) and four nays (Councilmen Szymkowiak, Miller, Kopczynski and Nemeth). Councilman Miller indicated that he would now resign from the committee because he did not feel it would conduct an impartial investigation. Councilman Miller made a motion to schedule a Council meeting on Monday evening, October 21, 1974 at 7:00 p.m., seconded by Councilman Horvath. The motion carried. Councilman Taylor then made a motion to set for public hearing and second reading on October 21, 1974, the budgets for Solid Waste, Wastewater, Sanitation, Water Works, Parking Meter and Parking Garage. The motion was seconded by Councilman Kopczynski and carried. Councilman Serge wondered about what could be done to help the senior citizens in South Bend and the community. He indicated that he had requested the Department of Human Resources and Economic Development to work on this matter to inform the older citizens to come forth and make their requests and problems known to the administration. 7.2 REGULAR MEETING SEPTEMBER 23, 1974 REGULAR MEETING - RECONVENED (CONTINUED) There being no further business to come before the Council, unfinished or new, Councilman Kopczynski made a motion to adjourn, seconded by Councilman Taylor. The motion carried, and the meeting adjourned at 11 :20 p.m. ATTEST: APP AID C Y CLERK P T +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + +.