HomeMy WebLinkAbout02-10-75 Council Meeting Minutes+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++../.+ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++
REGULAR MEETING FEBRUARY 10, 1975
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, February 10, 1975, at 7:00 p.m., Council President Roger 0.
Parent presiding. The meeting was called to order and the Pledge to the Flag.was given
ROLL CALL" PRESENT: Councilmen Serge, Szymkowiak,
Miller, Taylor, Kopczynski,
Nemeth, Newburn and Parent.
ABSENT: Councilman Horvath.
Councilman Taylor made a motion to resolve into the Committee of the Whole, seconded by Councilman
Kopczynski. 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, February 10, 1975, at 7:02 p.m., with eight members present and one member absent,.
Chairman Odell Newburn presided.
REGULAR MEETING FEBRUARY 10, 1975
COMMITTEE OF THE WHOLE MEETING (CONTINUED)
ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING
CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH
BEND, INDIANA (1031 Widener Lane).
This being the time heretofore set for public hearing on the above ordinance, proponents and
opponents were given an opportunity to be heard. Mr. Louis Chapleau, 316 First Bank Building,
indicated that he was the attorney representing Monica Peak and the Tower Federal Savings and Loan
Association. He stated that Tower had an agreement to purchase the property from Mrs. Peak in the
event it was rezoned so that it could be used as a branch office. He indicated that the Area Plan
Commission had recommended the matter favorably to the Council and that there had been no opposi-
tion at that hearing. A new building would be constructed which would add to the tax base, if the
rezoning was approved. There were no comments or questions.
Councilman Nemeth made a motion that the ordinance be recommended favorably to the Common Council,
seconded by Councilman Serge. The motion carried.
ORDINANCE AN ORDINANCE AMENDING CHAPTER 40, SECTION
40 -14 OF THE MUNICIPAL CODE OF THE CITY
OF SOUTH BEND, INDIANA, AS AMENDED
(southwest corner of Ireland and Miami).
This was the time heretofore set for public hearing on the ordinance; however, there was no one
present to make a presentation of the ordinance. Councilman Nemeth suggested that the Council pas
over the ordinance in order to allow time for an attorney or the petitioner to arrive. He stated
that the Committee of the Whole could come back to the ordinance. Chairman Newburn agreed to
Councilman Nemeth's suggestion.
ORDINANCE AN ORDINANCE APPROPRIATING $6,631.00 FROM
THE FEDERAL ASSISTANCE GRANT COMMONLY
REFERRED TO AS GENERAL REVENUE SHARING,
FOR VARIOUS LAW ENFORCEMENT PROGRAMS, TO
BE ADMINISTERED BY THE CITY OF SOUTH
BEND THROUGH ITS DEPARTMENT OF LAW.
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 Roemer, City Attorney, made the pre-
sentation for the ordinance. He explained that the appropriation was requested for the purpose of
adding a deputy city attorney to the staff. He stated that this was the same request that was
approved by the Council last year. This was again necessitated because revenue sharing funds were
being used. He stated that, last year, Kathleen Cekanski was the deputy that was hired. At the
end of the year in 1974, there was a resignation and, at this time, the department desired to fill
the vacancy. He indicated that the deputy attorney would work primarily for the Police Department
and would be available to give officers advice and guidance in areas such as lawful arrest, search
and seizure, confessions, gathering of evidence, etc. The deputy would also handle or assist in
inquiries and questioning of all concerned parties when citizens allege questionable police
activities, as well as taking care of police insurance requirements and related legal matters. He
indicated that he spent considerable time with the Police Department last year and Bob Bray had al
been assigned for four hours in the afternoon to work at the department. He talked about a new
program being implemented, effective February 21st, whereby a two -hour training session every
Friday would be held in an effort to work more closely with the Police Department. He stated that
the same rate that was paid to a regular deputy attorney would be paid. He concluded by stating
that the full amount of $6,631 might not be needed.
Councilman Kopczynski asked about Mr. Roemer's case load with the city regarding police brutality
cases, etc. Mr. Roemer indicated that, during the last 12 months ending December 31, the departmel
had investigated between 7 and 9 incidents of alleged brutality. In most all investigations, it
had been determined that there was no brutality involved. Councilman Kopczynski wondered how this
compared to the previous year. Mr. Roemer indicated that he did not remember any such cases in
1973. Based upon his investigation; however, he felt the increase was due to increased sensitivit,
on the part of the citizens to their rights and such complaints would probably continue. Councilmi
Serge wondered how much an officer could take when trying to arrest a person. He felt South Bend
should back its officers. He mentioned the harrassment and abuse the officers receive. Chairman
Newburn asked that the Council discuss the merits of the proposed ordinance appropriation and not
go into other aspects of the Police Department at this time. Mr. Roemer indicated that the Legal
Department would furnish legal advice to the officers concerning arrests and the amount of force ti
be used, etc. He indicated that, in the officers' training, they are advised that they will be
subject to harrassment and abuse. Councilman Serge wondered how many hours the deputy attorney
would spend at the Police Department. Mr. Roemer indicated that the amount of time would vary.
Councilman Nemeth asked for an explanation of the amount for insurance. Mr. Roemer indicated that
all employees of the city are provided insurance. This amount would give coverage for the individi
for his own health insurance program. Mr. Walter Lantz, Chief Deputy Controller., indicated that
this would revert back to the fund if the employee elected not to carry the insurance. He stated
that this was provided for in the salary ordinance passed last year. Councilman Kopczynski
wondered if the deputy would be available at all hours. Mr. Roemer indicated that this would be
a responsibility of the deputy. Councilman Kopczynski wondered who represented the citizens. Mr.
Roemer indicated that all the attorneys are concerned about the citizens, as well as the depart-
ments to which they are assigned. Councilman Kopczynski recommended that a copy of the Police
Manual be filed with the City Clerk. He felt it should be made available for public inspection.
Mr. Roemer indicated that he would file a copy of the manual with the Clerk when he received
additional copies. He presented a copy to the Council for its perusual. Councilman Miller
indicated that the cabinet ordinance provided that the manual be filed with the Clerk. He asked
if the amount of the appropriation could be reduced to correspond with the 10 -month period of
funding. Mr. Roemer indicated that he had no objection to Councilman Miller's suggestion.
Councilman Miller made a motion to amend the ordinance as follows:
Amend total amount to $5,526.00. Amend Account 630.0 to $338.00.
Amend Account 110.0 to $4,688.00. Amend Account 640.0 to $227.00.
Amend Account 620.0 to $273.00.
REGULAR MEETING FEBRUARY 10, 1975
(COMMITTEE OF THE WHOLE MEETING (CONTINUED)
Councilman Taylor seconded the motion. The motion carried. Councilman Miller then made a motion
that the ordinance be recommended favorably to the Common Council, as amended, seconded by
Councilman Taylor. The motion carried.
ORDINANCE AN ORDINANCE APPROPRIATING THE SUM OF
$4,100.00 FROM THE GENERAL PARK FUND
TO ACCOUNT #260.0, "OTHER CONTRACTUAL
SERVICES ".
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 stated that the amount of $4,100 would
help pay for the remaining construction cost of the Bicentennial Park. He mentioned the $40,000
grant received from the American Revolution Bicentennial Commission for park development. He
stressed the importance of starting construction prior to January 15 in order not to lose the
grant. He stated that the $4,100 was the first partial payment from the grant.
Councilman Szymkowiak made a motion that the ordinance be recommended favorably to the Common
Council, seconded by Councilman Kopczynski. Councilman Miller commended Mr. Seitz for the depart-
mental report received by the Council. He recommended that all cabinet officers also submit an
annual report. Councilman Nemeth asked when the park would be completed, and Mr. Seitz indicated
that the park would be completed early in the summer. Hopefully, the park could be dedicated at
that time. The motion carried.
ORDINANCE AN ORDINANCE APPROPRIATING THE SUM OF
$61,804.51 FROM THE CUMULATIVE SEWER
BUILDING AND SINKING FUND TO THE GENERAL
IMPROVEMENT FUND (northwest sanitary
sewer project) .
This being the time heretofore set for public hearing on the above ordinance, proponents and
opponents were given an opportunity to be heard. Mr. David Wells, Manager of the Bureau of Design
and Administration, made the presentation for the ordinance. He stated that sanitary sewers were
installed in the northwest side of South Bend as part of the overall plan to provide sewers to the
residents at approximately 500 of the cost. He indicated that the city's share of the project was
now being requested. He added that the Barrett Law and Engineering work for the project was done
by the Department of Public Works which saved an estimated 20% of the construction cost.
Councilman Kopczynski indicated that the project was complete and the residents were already
utilizing the services. He wondered what would happen if the Council should choose not to pass
the ordinance. Mr. Wells indicated that that would present a unique problem. He stated that, at
the present time, an assessment roll had been approved by the Board of Public Works. He indicated
that he felt the city could be sued if the Council did not pass the ordinance. He stated that the
ordinance was a procedural matter, and that the only alternative to the situation would be to
appropriate money before the fact, at which time the amount of construction would not be known.
This could create a problem in the Cumulative Sewer Building and Sinking Fund because the funds
would be tied up and an exact balance in the fund would not be known. Councilman Kopczynski
wondered if consideration had been given to adopting a resolution to appropriate funds for the
engineering before construction was started. Mr. Wells indicated that Councilman Kopczynski's
suggestion could be considered. He indicated that he would do whatever the Council wished.
Councilman Miller asked about the unencumbered balance in the sewer fund. Mr. Wells indicated
that there was a balance of $lZ million. Councilman Miller wondered about anticipated income, and
Mr. Wells answered that the anticipated income would be about $637,000. Councilman Miller wonderec
about other anticipated expenses, and Mr. Wells indicated that the Olive Street project was
estimated at $225,000, the Model Cities Storm Sewer Separation project at $2.2 million and an
undetermined amount for the Orange- Colfax project. Councilman Miller wondered if it would be
possible to put together a balance sheet or income statement that would indicate at the end of the
year where the city stood on the projects and the amount of money spent. Mr. Wells indicated that
this could be accomplished. Councilman Kopczynski recommended that the Council be kept apprised o:
the balances in any fund when the administration came before the Council for an appropriation from
that particular fund. He wondered what provisions were being made on the deterioration of the
sewers in the far western end of the Belleville area. He felt the Council should be able to choosy
priorities on some projects. Mr. Wells indicated that the administration was committed to various
projects. Councilman Kopczynski stated that, as a property owner, he had paid 100% of the cost of
sewers and he felt sure that 98% of the residents had paid 100% for their sewers. He indicated
that the city was running short of funds for repair of sewers yet was paying for half of the new
sewer construction. He asked what it would cost to rebuild the Belleville sewers and where the
money would come from. Mr. Wells indicated that the funds would come through Sanitation and the
Wastewater Treatment Plant. He stated that complete replacement would be very difficult. He also
mentioned the Olive Street project and the amount of time taken to start that project. Councilman
Kopczynski recommended that the assessment of 50% of the new sewer construction be discontinued
because, in the past, the property owners paid 100 %. He did not feel it was fair to change that
policy to 50 %.. Councilman Szymkowiak wondered if the city would experience a problem with its
sewers. He talked about the heavy trucks damaging catch basins, sewers and curbs. He felt the
Board of Public Works and Board of Public Safety should check into this situation and prohibit
the heavy trucks from driving on the residential streets. Councilman Miller felt the Council was
concerned about the city's sewers. He mentioned the possibility of the city getting into the sewe:
construction business. Mr. Wells indicated that South Bend had an unusual situation of cheaper
sewer prices on construction. He felt that, as long as this situation existed, it would be very
difficult to involve the city in the construction business. Mr. Rollin Farrand, Director of the
Department of Public Works, indicated that, in the Model Cities program, it was estimated that it
would cost $750,000 to put a crew into the field for one year. Councilman Miller mentioned the
flooding of the residents' basements in the spring and wondered if any plans have been made to
help solve the various problems the city faces. Mr. Farrand indicated that plans have been made
to help solve such problems. He was hopeful the Council agreed with the list of priorities.
Councilman Miller indicated that he approved of the priorities; however, he felt a long -range
planning program was essential. Mr. Wells indicated that combined sewers where maintained would
be acceptable to the state, in his opinion.
REGULAR MEETING FEBRUARY 10, 1975
d 11
TTEE OF THE WHOLE MEETING (CONTINUED)
it President Parent made a motion that the ordinance be recommended favorably to the Common
il, seconded by Councilman Serge. The motion carried.
t this time, Chairman Newburn indicated that the Committee of the Whole would go back to item 3B
n the agenda being:
INANCE AN ORDINANCE AMENDING CHAPTER 40, SECTION
40 -14 OF THE MUNICIPAL CODE OF THE CITY
OF SOUTH BEND, INDIANA, AS AMENDED
(southwest corner of Ireland and Miami).
There was still no one present to make a presentation of the ordinance. Mr. James Roemer, City
Attorney, indicated that the property was adjoining the property at 1031 Widener Lane, which the
Council had recommended favorably. He indicated that it had been recommended by the Area Plan
Commission that a dedication be provided for right -of -way on Miami Street. He was hopeful that
a deed for dedication for the right -of -way could be given. Councilman Kopczynski wondered if the
property along Miami had the provision of the 40 -foot right -of -way. Councilman Nemeth indicated
that the rezoning of 1031 Widener Lane should be handled in the same manner; however, he wondered
about the legality of the city denying a rezoning because land was not dedicated. He stated that
this would be conditional zoning, and he did not feel the Council should approve the rezoning
subject to land dedication. Council President Parent made a motion to continue the public hearing
on the ordinance to the February 24, 1975, meeting of the Council, seconded by Councilman Taylor.
The motion carried (Councilman Miller opposed). Councilman Kopczynski felt both rezonings should
be handled in the same manner.
There being no further business to come before the Committee of the Whole, Councilman Kopczynski
made a motion to rise and report to the Council, seconded by Coupqilman Taylor. The motion carrie(
ATTEST: ATT
CIT CLERK AIRMA
REGULAR MEETING - RECONVENED
Be it remembered that the regular meeting of the Common Council of the City of South Bend, Indiana,
reconvened in the Council Chambers at 8:04 p.m., Council President Parent presiding and eight
members present.
(REPORT FROM THE SUB - COMMITTEE ON MINUTES
To the Common Council of the City of South Bend:
Your sub - committee on the inspection and supervision of the minutes would
respectfully report that it has inspected the minutes of the January 27, 1975,
regular meeting of the Council and found them correct.
The sub - committee, therefore, recommends that the same be approved.
s/ Roger 0. Parent
ICouncilman Taylor 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 Newburn. The motion carried by a roll call vote of eight ayes
(Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Nemeth, Newburn and Parent) with
Councilman Horvath absent.
IREPORT FROM THE DIRECTOR OF THE DEPARTMENT OF PUBLIC PARKS
Mr. James Seitz, Director of the Department of Public Parks, made his quarterly report to the
Council. He indicated that he had recently submitted to the Council the Park Department's Annual
Report for 1974, and he stated that he intended to briefly outline the accomplishments of the
department for the year. He stated that some of the major improvements included the lighting of
three softball fields with the newest type of ball field-;lighting available; the construction of
the nature center in Rum Village Park; the installation of a new filtration plant at Potawatomi
Pool; the lighting of basketball courts and the resurfacing of basketball courts at the LaSalle
Park Recreation Center; the lighting of Boland and Marshall tennis courts; the commencement of
work on the Bicentennial Park; the removal of many dead trees throughout the park system and the
continual planting of new trees and shrubs. He indicated that the.miscellaneous receipts such as
golf courses were at an all -time high. He thanked the Mayor for budgeting revenue sharing funds
and the Council for appropriating the funds for park use. Because of the mild winter and the major
budget cuts in park personnel, no attempt was made to ice the natural rinks in the city. He felt
sure the citizens would realize that, because of large budget reductions, some park and recreation
programs would have to be discontinued. Councilman Kopczynski wondered how much money would be
required to put the Park Department into operation to be responsive to the citizens' desires, and
Mr. Seitz indicated that that was an impossible task. He mentioned a figure of $5 million. He
stated that the department could not respond to every request made by the citizens. He also
stated that the budget for 1975 was not comparable to last year. Councilman Kopczynski indicated
that people requested certain services last year and the services were not provided. Compared to
last year, he asked how much money it would take to keep the Park Department in operation. Mr.
Seitz stated that the budget had been reduced $350,000 from last year. Councilman Serge commended
the Park Department of the City of South Bend for a fine job done. Councilman Szymkowiak also
complimented Mr. Seitz and his staff for their cooperation and assistance in the past in accommo-
dating the citizens as best as possible. Councilman Miller talked about the downtown mall and the
REGULAR MEETING FEBRUARY 10, 1975
REGULAR MEETING - RECONVENED (CONTINUED)
enclosure which was to be used as a skating rink. Mr. Seitz indicated that this had been deleted
from the plans. He indicated that this would probably be used for a display area. Councilman
Kopczynski wondered how much was funded to maintain the downtown mall in 1975, and Mr. Seitz
indicated that the Park Department was not responsible for maintaing the mall. Council President
Parent thanked Mr. Seitz for his presentation.
PETITIONS TO AMEND ZONING ORDINANCE
I (We), the undersigned, do hereby respectfully make application and petition
the Common Council of the City of South Bend, Indiana, to amend the Zoning Ordinance
of the City of South Bend as hereinafter requested, and in support of this applica-
tion, the following facts are shown:
1. The property sought to be rezoned is located at the northeast corner of
Fillmore Road (Linden Avenue) and Clemens Street.
2. The property is owned by First Community Development Corporation,
100 Center Complex, P. O. Box 488, Mishawaka, Indiana 46544.
3. A legal description of the property is as follows:
A part of the Southeast 1/4 of the Southeast 1/4 of Section 5,
Township 37 North, Range 2 East, located in the City of South
Bend, St. Joseph County, Indiana, more particularly described
as follows:
Beginning at a point on the South line of said Section 5,
842.10 feet West of the Southeast corner of said Section 5;
thence on a assumed bearing of North 00 03' 42" West, 476.00
feet; thence South 890 59' 17" East, 141.00 feet to the
Southwest corner of Lot 54 as shown on the recorded plat of
Section "A" Harber Homes in Plat Book 24, Page "H" in the
Office of the Recorder of St. Joseph County, Indiana; thence
North 00 00' 43" East along the West line of said Section "A"
Harber Homes, 263.00 feet; thence North 75° 29' 18" West, 51.38
feet; thence North 50 06' 42" East, 236.53 feet to the Northwest
corner of said plat of Section "A" Harber Homes; thence 89°
53' 18" West, 264.08 feet, thence North 89° 50' 56" West,
329.78 feet to the West line of said Southeast 1/4 of the
Southeast 1/4 of Section 5, said line being also the East
line of the plat of Portage Gardens recorded in said Office
of the Recorder of St. Joseph County, Indiana; thence South
0° 03' 42" East along said East line of Portage Gardens,
988.71 feet to the South line of said Section 5; thence
South 89° 59' 17" East along said South line of Section 5,
480.93 feet to the place of beginning and containing 12.35
acres more or less.
4. It is desired and requested that the foregoing property be rezoned from
"A" Residential Use and "A" Height and Area District, to "B" Residential Use and "A"
Height and Area District.
5. It is proposed that the property will be put to the following use and the
following building(s) will be constructed: Housing for the elderly consisting of
23 buildings with 6 one - bedroom units in each building for a total of 138 dwelling
units and one community building.
6. Number of off - street parking spaces to be provided: 215.
7. Attached is (a) an original ordinance and 25 copies; (b) an original
petition and 20 copies; (c) a $10 filing fee; (d) an existing plot plan showing my
property and other surrounding properties; (e) names and addresses of all the
individuals, firms or corporations owning property within 300 feet of the property
sought to be rezoned; and (f) 5 copies of a site development plan.
First Community Development Corporation
By s/ T. Brooks Brademas
Petition Prepared By: 100 Center Complex, P. O. Box 488
T. Brooks Brademas Mishawaka, Indiana 46544
I (We), the undersigned, do hereby respectfully make application and petition
the Common Council of the City of South Bend, Indiana, to amend the Zoning Ordinance
of the City of South Bend as hereinafter requested, and in support of this applica-
tion, the following facts are shown:
1. The property sought to be rezoned is located at 407 East Howard Street,
South Bend, Indiana.
2. The property is owned by Constance Ann Shelton.
3. A legal description of the property is as follows:
Lot No. 26 Stanfield and Foster - Lot Numbered Twenty -six (26)
as shown on the recorded plat of Stanfield and Foster's Addition
to the City of South Bend.
REGULAR MEETING FEBRUARY 10 1975
REGULAR MEETING - RECONVENED (CONTINUED)
PETITIONS TO AMEND ZONING ORDINANCE (CONTINUED)
4. It is desired and requested that the foregoing property be rezoned from "A"
Residential Use and "A" Height and Area District, to "B" Residential Use and "A" Height
and Area District.
5. It is proposed that the property will be put to the following use and the
following building(s) will be constructed: Sugar 'n Spice Child Care and Development
Center (one -story dwelling).
6. Number of off - street parking spaces to be provided: Two (two rooms are used
at the Center for classrooms, and there is in existence two available parking spaces.
7. Attached is (a) an original petition and 20 copies; (b) an original ordinance
and 25 copies; (c) a $10 filing fee; (d) an existing plot plan showing my property and
other surrounding properties; (e) names and addresses of all the individuals, firms or
corporations owning property within 300 feet of the property sought to be rezoned; and
(f) 5 copies of a site development plan.
Petition Prepared By:
Constance Ann Shelton
s/ Constance Ann Shelton
1226 E. Cedar Street
South Bend, Indiana 46617
Council President Parent indicated that action on the petitions would be taken when the ordinances
pertaining to said petitions had first reading.
ORDINANCES, SECOND READING
ORDINANCE NO. 5803 -75 AN ORDINANCE AMENDING AND SUPPLEMENTING
CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH
BEND, INDIANA (1031 Widener Lane).
This ordinance had second reading. Councilman Kopczynski made a motion to amend the ordinance to
include the following phrase at the end of Section I:
and subject to the half right -of -way on Miami being 40 feet and to the development
being on city sewer and water.
Council President Parent seconded the motion. Councilman Nemeth felt the petitioner should be
allowed to speak on the issue since the Council had proposed to amend the ordinance. He again
repeated that he wondered about the legality of such an amendment. Councilman Miller also stated
that he shared Councilman Nemeth's concern about conditional zoning. He indicated that he would
be against that portion of the ordinance. Council President Parent asked that the matter be opener
for public hearing again to afford the petitioner an opportunity to speak regarding the amendment.
Councilman Kopczynski indicated that he would make such a motion if necessary. It was decided to
allow the petitioner an opportunity to speak, at which time, Mr. Chapleau indicated that his
client would dedicate the necessary 10 feet for the right -of -way. In view of Mr. Chapleau's
statement, Councilman Kopczynski indicated that he would withdraw his motion to amend the
ordinance. Councilman Szymkowiak then made a motion that the ordinance pass, seconded by
Councilman Kopczynski. The ordinance passed by a roll call vote of eight ayes (Councilmen Serge,
Szymkowiak, Miller, Taylor, Kopczynski, Nemeth, Newburn and Parent) with Councilman Horvath absent
ORDINANCE AN ORDINANCE AMENDING CHAPTER 40, SECTION
40 -14 OF THE MUNICIPAL CODE OF THE CITY
OF SOUTH BEND, INDIANA, AS AMENDED
(southwest corner of Ireland and Miami).
Councilman Kopczynski made a motion to continue the ordinance to the February 24, 1975, meeting of
the Council, seconded by Councilman Taylor. The motion carried.
ORDINANCE NO. 5804 -75 AN ORDINANCE APPROPRIATING $6,631.00 FROM
THE FEDERAL ASSISTANCE GRANT COMMONLY
REFERRED TO AS GENERAL REVENUE SHARING,
FOR VARIOUS LAW ENFORCEMENT PROGRAMS, TO
BE ADMINISTERED BY THE CITY OF SOUTH
BEND THROUGH ITS DEPARTMENT OF LAW.
This ordinance had second reading. Councilman Miller made a motion to amend the ordinance as
amended in the Committee of the Whole meeting, seconded by Councilman Taylor. The motion carried.
Councilman Miller then made a motion to pass the ordinance, as amended, seconded by Councilman
Serge. The ordinance passed by a roll call vote of eight ayes (Councilmen Serge, Szymkowiak,
Miller, Taylor, Kopczynski, Nemeth, Newburn and Parent) with Councilman Horvath absent.
ORDINANCE NO. 5805 -75 AN ORDINANCE APPROPRIATING THE SUM OF
$4,100.00 FROM THE GENERAL PARK FUND
TO ACCOUNT #260.0, "OTHER CONTRACTUAL
SERVICES ".
This ordinance had second reading. Councilman Szymkowiak made a motion to pass the ordinance,
seconded by Councilman Serge. The ordinance passed by a roll call vote of eight ayes (Councilmen
Serge, Szymkowiak, Miller, Taylor, Kopczynski, Nemeth, Newburn and Parent) with Councilman Horvat
absent.
ORDINANCE NO. 5806 -75 AN ORDINANCE APPROPRIATING THE SUM OF
$61,804.51 FROM THE CUMULATIVE SEWER
BUILDING AND SINKING FUND TO THE GENERAL
IMPROVEMENT FUND (northwest sanitary
sewer project.)
This ordinance had second reading. Councilman Newburn made a motion to pass the ordinance,
REGULAR MEETING FEBRUARY 10, 1975
REGULAR MEETING - RECONVENED (CONTINUED)
seconded by Councilman Kopczynski. The ordinance passed by a roll call vote of eight ayes
(Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Nemeth, Newburn and Parent) with
Councilman Horvath absent. Councilman Kopczynski indicated that he would not support the city's
current policy of 500 of new sewer construction until the present system had provisions made for
repair.
RESOLUTIONS
RESOLUTION NO. 472 -75
A RESOLUTION INDICATING INTENT TO JOIN
WITH OTHER GENERAL PURPOSE UNITS OF
LOCAL GOVERNMENT IN THE MICHIANA AREA
TO DEVELOP AND IMPLEMENT A PLAN
RESULTING IN A COORDINATED WASTE
TREATMENT MANAGEMENT SYSTEM FOR THE
MICHIANA AREA.
WHEREAS, Amendments pursuant to Section 208 of the Federal Water Pollution Control
Act of 1972, Public Law 92 -500, hereinafter called the Act, the Administrator of the
United States Environmental Protection Agency (EPA) has promulgated guidelines for
identification of those areas which, as a result of urban industrial concentration or
other factors, have substantial water quality control problems (40 CHR, part 126); and
WHEREAS, the Michiana Area (hereinafter called the Area) satisfies the criteria
contained in the Act and guidelines and designation of the Area pursuant to Section 208
and those guidelines is desirable; and
WHEREAS, Section 126.10 of the guidelines requires, among other things, that- -;the
affected general purpose units of local government in a problem area must show their
intent to formally adopt a resolution to join together in the planning process, to
develop and implement a plan which will result in a coordinated Waste Treatment
Management System for the Area; and
WHEREAS, such a planning process and Waste Treatment Management System are
necessary as a significant measure to control present point and non -point water
pollution and to guide and regulate future development for those in the area which
may affect water quality, in order to prevent, abate and solve existing and potential
substantial water quality control problems.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend:
SECTION I. That the Common Council, recognizing that the Area has substantial
water quality problems, supports the designation of the Area pursuant to Section 208
and the EPA guidelines.
SECTION II. That the Common Council intends to join with other affected general
purpose units of local government within the boundaries of the Area to develop and
implement a plan which will result in a coordinated waste treatment management system
for the Area.
SECTION III. That, inasmuch as the Michiana Area Council of Governments is a
single representative organization with elected officials from local governments and is
capable of developing effective areawide waste treatment management plans for the Area,
the Common Council supports the designation of the Michiana Area Council of Governments
as the planning agency for the Area.
SECTION IV. That all proposals for grants for construction of publicly -owned
treatment works within the boundaries of the designated area will be consistent with
the approved plan and will be made only by the management agency or agencies as
included in the mutually adopted plan.
SECTION V. That this resolution shall be in full force and effect from and after
its adoption by the Common Council and approval by the Mayor.
s/ Roger 0. Parent
Member of the Common Council
A public hearing was held at this time on the resolution. Mr. Thomas Byers, Senior Regional
Planner for the Michiana Area Council of Governments, explained that MACOG was seeking the
Council's support for designation of the Michiana Area, pursuant to Section 208 of the Federal
Water Pollution Control Act of 1972 and the Environmental Protection Agency's guidelines which,
as a result of urban industrial concentration or other factors, has substantial water quality
control problems. He stated that he was also seeking the Council's support of the designation of
MACOG as the planning agency for the area. He stressed that MACOG would not be taking over the
wastewater treatment plant operation of the city., Likewise, the local zoning and land -use powers
would not be turned over to MACOG. Councilman Taylor wondered how the study would benefit South
Bend. Mr. Byers mentioned the non -point uses as water runoff, septic tanks, etc. He indicated
that, in the future, these matters could be a concern to the city. Councilman Taylor talked about
Congress and legislation in the future for annexed areas. He wondered if the study could perhaps
give emphasis to Congress concerning this problem. Mr. Byers indicated that he hoped so; however,
he did not want to anticipate what Congress would do in the future. He indicated that funding of
the program would be 100% by the federal government. Councilman Miller wondered if this related
to the 100 -year flood plain studies. He mentioned the Roseland area. Mr. Rollin Farrand, Directc
of the Department of Public Works, indicated that Roseland was a separate problem and, in the
future, the Area Plan Commission would be consulting with the Council regarding that matter.
Councilman Miller was hopeful that this would make the city eligible for federal funding in the
future. He wondered if this had to be done on a regional basis, and Mr. Byers indicated that the
program was mandatory in the area where substantial water quality problems exist. If this was not
done now and, in the future, the Environmental Protection Agency determined there was a problem,
the state or federal government would have to resolve the problem. Councilman Miller wondered if
REGULAR MEETING FEBRUARY 10, 1975
REGULAR MEETING - RECONVENED (CONTINUED)
the city could "go alone" on the project, and Mr. Byers indicated that, as MACOG interpreted the
guidelines, the program was areawide. Councilman Taylor indicated that he would support the
resolution; however, he was bothered about funds coming from Washington, D.C., and he felt this
should be done in a flexible way. He felt that, in the past, block grants have lacked flexibility
Mr. Byers indicated that he agreed with Councilman Taylor's remark.
Councilman Miller made a motion to reluctantly adopt the resolution, seconded by Councilman Taylor
The resolution was adopted by a roll call vote of six ayes (Councilmen Serge, Miller, Taylor,
Nemeth, Newburn and Parent), one nay (Councilman Szymkowiak) and one abstention (Councilman
Kopczynski). Councilman Horvath was absent. Councilmen Szymkowiak and Kopczynski were of the
opinion that additional information was needed concerning the matter.
RESOLUTION
A RESOLUTION OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA,
ESTABLISHING THE AUTHORITY OF THE
MAYOR TO DESIGNATE INDIVIDUALS
AUTHORIZED TO DRAW ON A LETTER OF
CREDIT EXECUTED FOR GRANTS UNDER
TITLE I OF THE HOUSING AND COMMUNITY
DEVELOPMENT ACT OF 1974.
A public hearing was held on the resolution at this time. Mr. Walter Lantz, Chief Deputy Controlli
explained that the resolution would meet the terms of the Community Development Act in providing
the means of the receipt of money distributed to the city. This requirements was not needed in th,
past; however, now two individuals must sign in order to draw on a letter of credit, and the
resolution was required. He stated that this would apply to any funds received under the Communit:
Development Act. Councilman Miller asked for an explanation regarding the letter of credit. Mr.
Lantz indicated that a bank must be designated as a depository for the city. A letter of credit
was used rather than a check. When this was sent to the bank, the city would sign as a receiver
and could then draw on that amount. Councilman Miller asked about the regulations required for
drawing out of the account. Mr. Lantz indicated that this would be the same procedure as a checki:
account. He stated that the resolution, however, did not deal with the disbursement of the funds.
Councilman Serge asked about the signatories, and Mr. Lantz indicated that Mr. Barcome, himself or
Mr. Hojnacki could be designated. He stated that all expenditures would be handled through the
normal process of approving claims. Councilman Nemeth asked about the normal claim procedure. Mr
Lantz indicated that the claims are docketed by the City Clerk and then signed and approved by
the Board of Public Works. He stated that the Council also reviews the claims and the State Board
of Accounts audits. Councilman Nemeth stated that, in effect, the administration would not be
coming back to the Council for expenditures of the money. He wondered which bank was to be
designated, and Mr. Lantz indicated that the American National Bank would probably be the
depository; however, if a large amount of money was given, it could be distributed among the banks
Councilman Nemeth wondered who designated the banks, and Mr. Lantz indicated that the Mayor did.
Councilman Nemeth wondered about a budget for the program and the appropriations. He wondered if
a resolution could be adopted for expending the funds. Mr. Lantz indicated that he was not talkin,
about spending the funds, merely receipt of the funds. Councilman Nemeth stated that he wanted to
know about the procedure for expenditure. Council President Parent asked that Mr. Lantz outline
for the Council in writing the procedure utilized so that it could be made aware of the situation.
Councilman Nemeth made a motion to refer the resolution to the Human Resources Committee until the
information requested was received, seconded by Councilman Kopczynski. Mr. William Hojnacki,
Director of the Department of Human Resources and Economic Development, indicated that he would
provide a circular to the Council explaining the procedure. Councilman Miller wondered if the
Council had adopted a similar resolution concerning the Manpower Program. Mr. Lantz indicated tha-
a resolution of this sort had never been required in the past and two signatures also were not
required before. He explained that the Manpower funds were received by check and a fund was
established, with a fund number being assigned. Councilman Miller indicated that the Council was
concerned about maintaining its integrity on the supervision of the funds of the city. He stated
that, in the manpower area, this was done outside the Council's jurisdiction. He did not want the
Community Development funds to escape the Council's jurisdiction. Council President Parent felt
the matter was clear in that the resolution dealt with the receipt of money - -not the expenditure
of it:. He wondered if there was a problem in delaying the issue temporarily. Mr. Hojnacki
indicated that the city was anticipating advance funding within the next two weeks and it could
not be received until the resolution was passed. He indicated that a one -year plan would be
approved by the Council on the expenditure of funds for the program before it was submitted to the
federal government. Council President Parent asked that the public hearing be continued to
February 24 rather than just referring the issue to committee. Councilman Nemeth indicated that
he would withdraw his original motion. He then made a motion to continue the public hearing on
the resolution to the February 24th meeting of the Council and also refer the matter to the Human
Resources Committee. Councilman Kopczynski seconded the motion. The motion carried.
RESOLUTION NO. 473 -75
A RESOLUTION OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA,
APPROVING THE AWARDING OF THIRTEEN
CONTRACTS IN EXCESS OF $5,000 FOR
REHABILITATION WORK IN THE SOUTHEAST
NEIGHBORHOOD DEVELOPMENT PROGRAM.
WHEREAS, under provisions of Ordinance No. 5689 -74, passed by the South Bend
Common Council on June 24, 1974, all contracts in the Neighborhood Development Program
in excess of $5,000 must be approved by the Common Council; and
WHEREAS, low bids for thirteen properties to be rehabilitated under the
Neighborhood Development Program have exceeded $5,000.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend,
Indiana:
1. That approval be granted to the Redevelopment Commission of the City of South
Bend, Indiana, to enter into a contract with Area Services, Inc. for the rehabilitation
of the following properties:
REGULAR MEETING FEBRUARY 10, 1975
REGULAR MEETING - RECONVENED (CONTINUED)
RESOLUTION NO. 473 -75 {CONTINUED)
1 Elder's 1st Addition
88 Elder Place
193 Replat of Wenger's 6th
161 Replat of Wenger's 6th
87 Bowman's
416
E.
Keasey
$5,391.48
225
E.
Pennsylvania
5,325.98
708
E.
Broadway
6,143.32
516
E.
Pennsylvania
7,312.15
231
E.
Dubail
5,371.94
2. That approval be granted to the Redevelopment Commission of the City of South
Bend, Indiana, to enter into a contract with Harry H. Verkler, Contractor, Inc. for the
rehabilitation of the following properties:
9 -10 Elder Place 1st 1118 S. Carroll $6,781.00
233 Wenger & Krieghbaum 3rd 711 E. Haney 6,917.00
3. That approval be granted to the Redevelopment Commission of the City of South
Bend, Indiana, to enter into a contract with Madison Builders, Inc. for the rehabilitation
of the following properties:
25 Kirby's
1016 S. Carroll $5,799.00
4. That approval be granted to the Redevelopment Commission of the City of South
Bend, Indiana, to enter into a contract with Ted Combs Construction for the rehabilitation
of the following properties:
62 Haney's
1311 S. Carroll $6,414.11
5. That approval be granted to the Redevelopment Commission of the City of South
Bend, Indiana, to enter into a contract with Slatile Roofing, Inc. for the rehabilitation
of the following properties:
85 Dubail's 4th
315 E. Milton
$7,655.00
6. That approval be granted to the Redevelopment Commission of the City of South
Bend, Indiana, to enter into a contract with American Home Improvement Co. for the
rehabilitation of the following properties:
37 -38
Elder Place
1121
S.
Carroll
$6,528.00
24
Haney's
116
E.
Broadway
5,892.00
151
Studebaker's 2nd
522
E.
Milton
5,752.00
s/ Roger O. Parent
Member of the Common Council
A public hearing was held at this time on the resolution. Mr. Keith Crighton, Director of the
Bureau of Housing, indicated that, in accordance with the provisions of Ordinance No. 5689 -74, all
(contracts in the Neighborhood Development Program in excess of $5,000 must be approved by the
Common Council. He stated that the E -7 Advisory Committee and the Redevelopment Commission have
approved the awarding of the contracts to the low bidders as listed in the resolution. He stated
that the resolution should be amended as follows:
In paragraph 1, the description of 136 Wenger's 5th should be amended to read
11161 Replat of Wenger's 6th ".
In paragraph 1, the address of 515 E. Pennsylvania should be amended to read
11516 E. Pennsylvania ".
In paragraph 1, the amount of $5,371.00 should be amended to read "$5,371.94"
Councilman Newburn made a motion to so amend the resolution, seconded by Councilman Kopczynski.
The motion carried.
Councilman Kopczynski wondered about the most expensive item for replacement on the homes, and Mr.
Crighton indicated that the electrical and heating work was the most costly. Councilman
Kopczynski wondered about the average amount per home, and Mr. Crighton indicated that an increase
to 100 amps. from 60 amps. would cost approximately $800. He could not give an estimate on the
heating cost per home because there were many factors to consider, such as size of the home, etc.
Councilman Kopczynski wondered if the work was being done to merely upgrade the work or replace
what was defective. Mr. Crighton indicated that the bureau was replacing defective items accordin
to the code. Councilman Kopczynski indicated that some of the homes had six rooms and two stories
yet only the first floor of the house was being used. He wondered about this, and Mr. Crighton
indicated that the city could not determine the usage of the homes. Councilman Kopczynski stated
that, in the past, the owners of the homes constructed their homes and the standards were met. He
could not understand why, at this time, the wiring, etc. was determined to be substandard or
defective. Councilman Szymkowiak wondered what else was an important factor in improving the home
He mentioned the replacement of roofs and plumbing, and Mr. Crighton indicated that the most
important items would be related to safety and health. Councilman Szymkowiak felt $5,000 was not
enough money to adequately take care of the upgrading of the homes. Councilman. Miller wondered ho
afar the rehabilitation had gone as of this date, and Mr. Crighton answered by stating that 8 homes
were awarded for contract and, on February 7th, 3 additional contracts under $5,000 were approved.
Councilman Miller indicated that that would make the total 24 ifthe proposed resolution was
adopted. He wondered about the total amount allocated at the present time. Mr. Crighton stated
that that amount was $160,000. He indicated that bids on another 14 houses would be let soon.
Councilman Miller made a motion to adopt the resolution as amended, seconded by Councilman Serge.
Councilman Kopczynski indicated that he wanted to inspect the homes before and after the work was
accomplished, and he felt photographs should be taken before and after the major work was done.
Mr. Crighton indicated that photographs do not always,show the majority of the problems. Councilm n
Kopczynski again indicated that he desired to make an inspection of the homes. Councilman
Szymkowiak stated that he, too, would like to join in the inspection. Mr. Crighton indicated that
REGULAR MEETING FEBRUARY 10, 1975
REGULAR MEETING - RECONVENED (CONTINUED)
this could be done. He stated that he would contact the councilmen. Council President Parent
felt the Council was trying to do its job objectively. He wondered if there was an outside
evaluation of the program. Mr. Crighton indicated that the E -7 Advisory Committee evaluated the
program. He stated that the members on the committee were from the neighborhood, local banks,
architects, etc. The resolution was adopted by a roll call vote of eight ayes (Councilmen Serge,
Szymkowiak, Miller, Taylor, Kopczynski, Nemeth, Newburn and Parent) with Councilman Horvath absen
ORDINANCES, FIRST READING
ORDINANCE
AN ORDINANCE AMENDING ORDINANCE NO.
4990 -68, AS AMENDED, COMMONLY KNOWN
AS THE ZONING ORDINANCE OF THE CITY
OF SOUTH BEND, INDIANA (Chapter 21,
Municipal Code) - northeast corner of
Linden Avenue and Clemens Street.
This ordinance had first reading. Councilman Nemeth made a motion to refer the ordinance, along
with the petition, to the Area Plan Commission, seconded by Councilman Taylor. The motion carri
ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO.
4990 -68, AS AMENDED, COMMONLY KNOWN
AS THE ZONING ORDINANCE OF THE CITY
OF SOUTH BEND, INDIANA (Chapter 40,
Municipal Code) - 407 E. Howard Street.
This ordinance had first reading. Councilman Nemeth made a motion to refer the ordinance, along
with the petition, to the Area Plan Commission, seconded by Councilman Taylor. The motion carri
ORDINANCE AN ORDINANCE APPROPRIATING $90,000.00
FROM THE FEDERAL ASSISTANCE GRANT
COMMONLY REFERRED TO AS GENERAL REVENUE
SHARING, FOR VARIOUS PUBLIC SAFETY
PROGRAMS, TO BE ADMINISTERED BY THE
CITY OF SOUTH BEND THROUGH ITS
DEPARTMENT OF PUBLIC SAFETY.
This ordinance had first reading. Councilman Miller made a motion to set the ordinance for public
hearing and second reading on February 24, 1975, seconded by Councilman Kopczynski, and also to
refer the ordinance to the Public Safety Committee. The motion carried.
ORDINANCE AN ORDINANCE APPROPRIATING THE SUM OF
$6,000.00 FROM THE CUMULATIVE SEWER
BUILDING AND SINKING FUND TO THE
GENERAL IMPROVEMENT FUND (Crest Manor
sanitary sewers).
This ordinance had first reading. Councilman Miller made a motion to set the ordinance for public
hearing and second reading on February 24, 1975, and the motion was seconded by Councilman Taylor,
The motion carried.
PRIVILEGE OF THE FLOOR
Councilman Kopczynski indicated that he wished to address himself to Mr. Gene Evans, Executive
Secretary of the Civic Planning Association. He briefly talked about the amount of time needed
the Council for federal programs. Mr. Evans did not comment.
UNFINISHED BUSINESS
Councilman Miller wondered if the claims for January had been approved by the Council.:- Council
President Parent wondered if perhaps three councilmen could meet when necessary regarding the
claims. He asked if consideration had been given to that idea. Councilman Kopczynski, Chairman
of the Finance Committee, indicated that hopefully the same procedure could be utilized this year
as in the past. He hoped that three groups could be selected from the Council membership and thel
rotate the meeting dates for the committees. He stated that he hoped this could be started on
February 25. Mr. Walter Lantz, Chief Deputy Controller, indicated that a printout of all claims
was received on each pay period. He stated that the committee could then pull claims if it could
not meet for approval at a later date. Councilman Kopczynski indicated that this matter would be
resolved soon and a procedure would be established.
NEW BUSINESS
Council President Parent indicated that the Mayor had written a letter to the Council in which he
indicated that he wished to choose the County Election Board as the Fair Campaign Practices
Commission. He stated that the Council must also approve of the selection. Councilman Nemeth
asked about the members of the County Election Board. Councilman Miller indicated that the Count:
Clerk is an ex officio member and the County Chairmen each choose one member, for a total of thre(
Councilman Nemeth wondered about the possibility of appointing citizen members to the - commission.
He stated that he would question the membership of the County Clerk on that commission since the
County Clerk had already declared he would be supporting the Mayor in the upcoming election.
Council President Parent wondered when the appointments to the Fair Campaign Practices Commission
had to be made. Councilman Nemeth indicated that he thought the appointments had to be made 30
to 40 days prior to the election. Council President Parent felt the commission should be bi-
partisan and he agreed with the selection of the County Election Board. He indicated that he
would also consider citizen appointments to the commission. He asked if there were any citizens
in the audience who would be willing to serve on the commission. There was no response.
Councilman Miller wondered if the Civic Planning Association would be interested in having a
member on the commission, and Mr. Gene Evans, Executive Secretary of the Civic Planning
Association, felt there was a small amount of confusion regarding the selection of the commission
He stated that he would be inclined to say "thanks, but no thanks ". Councilman Taylor felt
personalities would be played on every campaign if careful consideration was not given to the
REGULAR MEETING FEBRUARY 10, 1975
REGULAR MEETING - RECONVENED (CONTINUED)
selection of the Fair Campaign Practices Commission. Councilman Taylor made a motion to select th
County Election Board to serve as the Fair Campaign Practices Commission, seconded by Councilman
Serge. Councilman Nemeth again repeated that he felt there would be some interested citizens who
would like to serve on the commission. He felt that, just because no one had responded to Council
President Parent's question, it did not mean that the citizens were not interested. He felt there
were many people outside of the audience who would be willing to serve. Council President Parent
felt politicians were very interested persons. He stated that politics managed the community, and
he commended those involved in politics. He felt it was unfair to say citizens were more involved
than politicians. Councilman Nemeth indicated that he had not said that; he only wished the
citizens to be given a chance to serve.on the commission. There was a call for the question, and
Council President Parent ruled that the motion carried. There was a brief discussion among Counci
members, at which time Councilman Nemeth requested a roll call vote on the motion. Council
President Parent questioned the amount of time that had elapsed since the voice vote and the
request for a roll call vote. Councilman Newburn stated that he felt that discretion was up to
the chair. Council President Parent asked the Clerk for the roll call, and the motion was defeate
by a roll call vote of three ayes (Councilmen Serge, Taylor and Parent) and five nays (Councilmen
Szymkowiak, Miller, Kopczynski, Nemeth and Newburn) with Councilman Horvath absent. Council
President Parent indicated that he felt the selection should be taken care of within the next few
weeks. He asked that persons interested in serving on the commission notify the Council. Council
Nemeth indicated that the Mayor was designated to make the appointments and the Council was to
approve those appointments. Council President Parent disagreed, indicating that he felt the
appointments were to be dual appointments.
Councilman Taylor asked the Council for support of Senate Bill 182 being sponsored by State
Senators Kovach and Lundquist concerning traffic regulations on school property. The purpose of
the law would be to require law enforcement officers to enforce traffic regulations adopted by the
governing body of a school corporation. He referred to the incident last year at Jackson High
School concerning jurisdiction of enforcement. He indicated that he would be sending a telegram
supporting the measure and he asked for the Council's support of the bill. There was discussion
on whether or not a motion to that effect would be in order, and Council President Parent
declared that a motion was not necessary. It was the concensus of the Council that its support
of the measure be given. Councilman Taylor stated that he would send the telegram in the morning.
Councilman Serge talked about the problems of minors committing crimes and the fact that the
persons could not be identified by the news media. Mr. James Roemer, City Attorney, indicated
that state law prohibited the publication of minors' names if a crime was committed in an effort
to try and protect the child. Councilman Serge wondered if parents might give stricter attention
to the matter if their child's name was published and the child was identified. He felt this wou
make them more responsible for their children. Mr. Marchmont Kovas, South Bend Tribune reporter,
indicated that state law does not prohibit using the child's name. He stated that, if the police
officers would not give the names, the paper could not print them.
Councilman Kopczynski directed the City Clerk to write a letter to the City Attorney requesting a
report on the number of city code violations which the City Attorney's Office prosecuted in 1972,
1973 and 1974, and the amount of fines and costs assessed against the violators, and the problems
experienced, if any, in the enforcement of the city code. He also asked for a recommendation from
the City Attorney to correct the shortcomings concerning enforcement of the code. He indicated
that he was referring to the trash ordinance, parking on tree lawn areas, etc.
Councilman Nemeth thanked Council President Parent for responding to his request that the Council
look into various city departments in an effort to cut budgets concerning the city's deficit.
Councilman Kopczynski asked Council President Parent to revive the vehicle committee in order to
start the work on the city car fleet. Council President Parent indicated that he had thought this
was incorporated already in the Administration and Finance Committee of which Councilman Kopczynsk
was chairman.
Councilman Newburn asked that his proposals concerning a merit plan for the Police and Fire
Departments be brought out of committee. He stated that his proposals had been referred to the
Public Safety Committee in 1973. Council President Parent indicated that the Public Safety
Committee would be considering the proposals. Councilman Miller made a motion to have public
hearing on Councilman Newburn's proposals on February 24, 1975, seconded by Councilman Newburn.
Council President Parent felt the committee should consider the issue before a hearing by the
Council. He felt a public hearing on the issue at this time would be premature. Councilman Taylo:
agreed, stating that a committee meeting would be held on February 11, 1975, at 7:30 p.m., and
consideration would be given the proposals. Councilman Nemeth indicated that most of the promotio:
made in the past were made on political activity. He felt strongly against that, and he hoped
the Council agreed with him. He felt politics should be taken out of the Police Department.
Councilman Taylor made a motion to adjourn. There was no second to that motion. Council
President Parent indicated that the Hatch Act was unduly restrictive, in his opinion, and he hoped
the Council would not deny city employees from participating in politics. Councilman Kopczynski
felt a merit system should be included for the Fire Department as well as the Police Department.
Councilman Taylor felt considerable discussion should be had on the issue, and he supported public
discussion of the matter. He stated that considerable time had been spent on preparing a merit
plan by the administration and still no such plan existed. He felt it was time for the Council to
take care of the matter. He felt it would be advisable to have state legislation on the subject.
He mentioned the plan that had been proposed by the administration, saying that the Mayor had
blamed the police for its defeat, and the police had blamed the Mayor. He was hopeful that
everyone's ideas could be discussed and a logical step -by -step procedure followed. He felt the
Council would not be ready, at this time, to intelligently discuss Councilman Newburn's proposals.
Council President Parent asked for a motion to close debate. Councilman Taylor made such a motion
The motion lost due to lack of a second. Councilman Newburn felt a contradictory statement was
being made. He wanted his proposals to be given consideration. He hoped an incentive could be
created within the Police and Fire Departments. Councilman Taylor stated that the proposals shoul
come out of commitee when the Council was ready to take action. Councilman Kopczynski wondered if
the press was invited to attend the Public Safety Committee's meeting, and Councilman Taylor
indicated that all news media had been invited. He wanted the matter to be made public. Councilm
Szymkowiak wanted to see Councilman Newburn's proposals come out of committee. Council President
Parent indicated that Councilman Newburn's proposals would be given consideration before final
Ls
C
1
1
REGULAR MEETING
REGULAR MEETING - RECONVENED (CONTINUED)
_69
FEBRUARY 10, 1975
action was taken. Councilman Miller asked the City Clerk to read the motion that was on the fl
The motion to bring the proposals out of committee for public hearing on February 24, 1975,
carried.
There being no further business to come before the Council, unfinished or new, Councilman Taylor
made a motion to adjourn, seconded by Councilman Kopczynski. The motion carried, and the meeting
adjourned at 10:07 p.m.
ATTEST:
tan�� APPROVED•
�2
CITY CLERK PRES NT
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s