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HomeMy WebLinkAbout02-24-75 Council meeting Minutes+ + + + + + + + ++ +++++++++++++++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++ f + + + + + + + + + + + + + + + + + + + + ++ FEBRUARY 24, 1975 REGULAR MEETING Common Council of the City of South Benm •meCouncilePresidentC Roger r0•of Be it remembered that the February 24, 1975, at 7:00 p• was given. the County -City Building on Monday, Parent residing. The meeting was called to order and the Pledge to the Flag P P ROLL CALL PRESENT: Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent. ABSENT: None. ' ent Parent welcomed Girl Scout Cadet Troop No. 369 from the Coquillard area. Council President Councilma Councilman Taylor made a motion to resolve into the Committee of the Whole, seconded by Serge. The motion carried. COMMITTEE OF THE WHOLE .MEETING Z. Common Council of the City of South Bend met in the Committee of the he 24bers present. Chairman Odell Be it remembered that , 1975, at 7.03 p.m., with nine mem t Whole on Monday, February Newburn presided. ORDINANCE AN ORDINANCE AMENDING CHAPTER 40, SECTION 40 -14 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BofDlreland andp,Miami)ENDED (southwest corner pub hearing on the ordinance; however, there was no one present in This was the time set fo r p b for the ordinance. Chairman Newburn theordinance. that the CounC'1 the audience to make a prese ntation d come back to would proceed with the next item of business and woul 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 ROUGHTITSD T O SOUTH BEND DEPARTMENTOFPUBLIC THROUGH SAFETY. on the ordinance; however, Police Chief Walsh who was to This was the time set for public hearing Chairman Newburn with the next item of business and would come back to make a presentation for the ordinanceedd not yet arrived at the meeting. indicated that the Council would pr o the ordinance. ORDINANCE AN ORDINANCE APPROPRIATING THE SUM OF $6,000.00 FROM NKING CUMULATIVE THEWGENERAL BUILDING AND S I IMPROVEMENT FUND (Crest Manor sanitary sewers) . on the above ordinance, proponents and This being the time heretofore set for public hearing David Wells, Manager of the Bureau of given an opportunity opponents were g resentation for the ordinance. He requested that the Design and Administration, made the P ro riation to $4,703.30. He explained that rovideesewersere ordinance be amended to reduce thartPof the overall plan to provide or offer to p .s share installed in the subdivision as P roximately 50% of the cost. He stated that the city to the residents of South Bend at aPP of the project was $4,703.30. There were no comments or questions• Mr. Wells, seconded by Councilman Nemeth made a motion to ' motion ordinance am e a end the ordinance as requested y ou Councilman Taylor. The motion carri ed. Councilman Taylor then mad cilman Horvath The be recommended favorably to the Common Council, as amended, seconded by motion carried. AN ORDINANCE AMENDING CHAPTER 40, SECTION ORDINANCE 40 -14 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED (southwest corner of Ireland and Miami). resent who could make a presentation for the opinion that the reason the Council Chairman Newburn again asked if there was anyone p on Miami. was because of the question of right -of -way ordinance. Councilman Nemeth indicated that he was of the op delayed the rezoning at the last meeting REGULAR MEETING FEBRUARY 24, 1975 COMMITTEE OF THE WHOLE MEETING (CONTINUED) stated that the Council had received a letter from Dr. Allen, the petitioner in the rezoning, whereby it was indicated that a 10 -foot strip of land on Miami would be dedicated for the necessa right -of -way. At this time, Dr. Robert Allen, 3104 Robinhood Lane, appeared to make a presenta- tion of the ordinance. He stated that he and his wife, the legal owners of the property in question, would dedicate the proposed 10 feet necessary to widen Miami to the proposed 40 -foot width from the center line. He submitted a letter to the Clerk to that effect. There were no comments or questions. Councilman Miller made a motion that the ordinance be recommended favorably to the Common Council, seconded by Councilman Szymkowiak. The motion carried. There was some discussion on whether or not the public hearing could be held on the revenue . sharing appropriation for the Department of Public Safety for the overtime foot patrol program, since the Police Chief was not yet present at the meeting. Councilman Miller felt the Council should go ahead with the public hearing because a presentation had been made to the Council in caucus concerning the matter. Councilman Szymkowiak agreed with Councilman Miller. Council President Parent felt the Police Chief would be present to make a presentation, and he felt the Council should delay the public hearing temporarily. It was decided to proceed with the next i of business. ORDINANCE AN ORDINANCE CONCERNING THE ADMINISTRATION AND REGULATION OF THE POLICE DEPARTMENT OF THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Councilman Newburn indicated that efforts were being made by the Public Safety Committee to come up with a merit bill. He felt his proposals, at this time, would only cause confusion. He felt strongly that his proposals, because the public was not aware of the bills as they had been referred to committee for so long, should be stricken from the record so that the new ordinances could be worked on. He made a motion to strike the ordinance from the files, seconded by Councilman Horvath. Councilman Kopczynski felt the merit bill had been discussed for quite some time and the ordinance before the Council might not be the final and best version; however, he felt the public hearing should be held in order to get the input from the citizens which would help the Council in arriving at a decision. Councilman Nemeth wondered how many persons were present at the meeting to take part in a dis- cussion of the merit proposal. There was no response. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, felt that any questions that might be raised could be raised at any time once the matter was set for public hearing and a proposal was drafted. Councilman Nemeth indicated that he would agree with Councilman Kopczynski; however, he felt the ordinance should be referred back to committee in view of the fact that no one was present for discussion on the matter. He did not feel the ordinance should be stricken. Council President Parent felt the ordinance contained some good ideas and should be referred to committee rather than being strickei He asked Councilman Newburn to withdraw his motion to strike the ordinance. Councilman Newburn withdrew his motion, and Councilman Horvath withdrew his second to that motion. Councilman Nemet] then made a motion that the ordinance be referred back to the Public -Safety Committee, seconded by Councilman Szymkowiak. The motion carried. ORDINANCE AN ORDINANCE PROVIDING FOR THE ESTABLISH- MENT OF A MERIT PLAN FOR POLICE AND FIREMEN IN THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. In view of the fact that the preceding ordinanc( was referred back to committee, Councilman Nemeth made a motion to refer this ordinance back to the Public Safety Committee also, seconded by Councilman Taylor. The motion carried. Councilman Nemeth suggested that the Council conduct the public hearing for the revenue sharing appropriation for Public Safety (overtime foot patrol program) in the second reading portion of the meeting since the Police Chief had not yet arrived at the meeting. This was agreed to by the Council. Council President Parent made a motion that the Committee of the Whole make no recommen- dation concerning the ordinance, seconded by Councilman Nemeth. The motion carried. There being no made a motion carried. ATTEST: CITY CLERK further business to come before the Committee of the Whole, Councilman Taylor to rise and report to the Council, seconded by Councilman Kopczynski. The motion REGULAR MEETING - RECONVENED ATTEST •` :f C AIRMAN Be it remembered that the regular meeting of the Common Council of the City of South Bend, Indiana, reconvened in the Council Chambers at 7:20 p.m., Council President Parent presiding and nine 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 February 10, 1975, regular meeting of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. s/ Roger 0. Parent REGULAR MEETING FEBRUARY 24, 1975 REGULAR MEETING - RECONVENED (CONTINUED) Councilman Newburn made a motion that the report be accepted as read and placed on file and the minutes be approved, seconded by Councilman Taylor. The motion carried. REPORT FROM THE COMMITTEE OF THE WHOLE Councilman Taylor made a motion to waive the reading of the report of the Committee of the Whole, seconded by Councilman Serge. The motion carried by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent). REPORT FROM THE DIRECTOR OF THE DEPARTMENT OF LAW Mr. James Roemer, City Attorney and Director of the Department of Law, made his quarterly report to the Council. He indicated that he had submitted a written report to the Council and he would make copies available to the press. He referred to the opinions contained in the report per- taining to political involvement by the employees in elections and the outline he had prepared concerning those items of criminal law which the department was concerned with, such as arrest and seizure. He then introduced Mr. Michael Carrington, the city's newly- appointed Public Safety Director. Mr. Carrington stated that he was very optimistic about a productive relationship between he and the Council. He felt the community would benefit from the position, and he would be willing to go halfway with the Council in whatever they requested. He stated that the Council could count on his cooperation. Councilman Kopczynski referred to his request made to the City Attorney concerning the number of city court cases prosecuted, which he had requested at the last Council meeting. Mr. Roemer indicated that he had received a letter requesting this information from the Clerk and he had submitted a short reply to the Clerk that day in response to the request The City Clerk indicated that she had not yet received the letter. Mr. Roemer stated that he would be furnishing complete information to the Council, and he hoped this could be accomplished before the next meeting of the Council. Councilman Miller complimented Mr. Roemer on a fine report. Council President Parent agreed with Councilman Miller. He thanked Mr. Roemer for his presentation. PETITION TO AMEND ZONING ORDINANCE (3501 West Washington Avenue) 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 application, the following facts are shown: 1. The property sought to be rezoned is located at the northwest corner of Falcon and Washington Street, commonly referred to as 3501 West Washington Avenue, South Bend, St. Joseph County, Indiana 46628. 2. The property is owned by Wiley L. Hoover. 3. A legal description of the property is as follows: Lot 1085 as shown on the recorded 2nd plat of LaSalle Park, an addition to the City of South Bend, Indiana, together with the south one -half of the vacated alley lying adjacent to and on the north side of said lot. 4. It is desired and requested that the foregoing property be rezoned: Zoning to remain the same with the Height and Area District to be changed from "A" to "C". 5. It is proposed that the property will be put to the following use and the following building(s) will be constructed: One 4 -story elevator apartment with.forty- six 1- bedroom elderly units, office, lounge and recreation room. 6. Number of off - street parking spaces to be provided: 26. 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. s/ Wiley L. Hoover- - 1331 West Washington Avenue Petition Prepared By: Reginald R. Howard Council President Parent indicated that action on the petition could be taken when the ordinance pertaining to it had first reading. ORDINANCES, SECOND READING ORDINANCE NO. 5807 -75 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 ordinance had second reading. Councilman Newburn 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, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent). ORDINANCE NO. 5808 -75 AN ORDINANCE APPROPRIATING $90,000.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY (continued) REGULAR MEETING FEBRUARY 24, 1975 REGULAR MEETING - RECONVENED (CONTINUED) ORDINANCE NO. 5808 -75 (CONTINUED) 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 second reading. A public hearing was held at this time on the ordinance. Police Chief John Walsh made the presentation for the ordinance. He explained that the appropria- tion would be used to continue the overtime foot patrol program for the remainder of 1975. He felt that the.program has contributed greatly to the general decrease in the crime rate. He urged that the Council act favorably on the request. He indicated that he had the statistics available on the crime reduction if the Council desired to see them. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, indicated that he was assuming the statistics showed a justification for the continuance of the program. He hoped this information could be given the public for that reason. Mr. James Russell, 1517 North Fremont, wondered where the program would be located this year. Chief Walsh indicated that the program was moved depending on crime in specific areas. He stated that he could not give out that informa- tion. Mr. Russell talked about the unsolved killings and robberies the city had experienced recently. He wondered if the reduction in crime pertained to serious crimes. Chief Walsh stated that the crime was reduced in the Part I Offenses which included murder, rape, larceny, etc. He indicated that these areas had been reduced. Mr. Russell wondered if the foot patrol was extra duty. Chief Walsh indicated that the program was extra duty and the officers received $5.00 an hour. Mr. Russell wondered how many blacks were involved in the program. Chief Walsh indicated that any officer who wants to sign up for the extra -duty work in the program may do so. Mrs. Irene Mutzl, 320 Parkovash, wondered if the program was only utilized after dark, and Chief Walsh indicated that the program consisted of officers working on their off -duty hours during the day and night. He stated that there was no control over the number of men working on each shift because it was a voluntary program. Mrs. Mutzl wondered if there was a foot patrol being utilized on Sundays in the downtown mall. Chief Walsh indicated that there was not. Mrs. Mutzl wondered if there should be a patrol in the mall on Sunday in view of the fact that the stores were closed. She wondered what would happen if someone needed an officer or assistance when the mall seemed to be relatively deserted. Chief Walsh indicated that there was no traffic in that area, thus the reason for not having the foot patrol in that area. He felt the department would be criticized if the program was utilized in this area. Council President Parent felt the matter should be looked into. Mrs. Mutzl talked about the mailmen who walk all over the city. She felt that, perhaps at this time, a program to cover the whole area would not be feasible. Mr. Carl Rose, doing business'in the 1300 block of South Michigan Street, stated that he and other businessmen in the area would back up the chief regarding the merits of the program. He felt that the program has helped, and he urged the Council to continue it. He submitted a letter to Chief Walsh from the businessmen in the area who supported the program. Council President Parent suggested that a copy be filed with the City Clerk. Mr. James Russell indicated that he had a few additional comments to make. He referred to incidents in the downtown area of store windows being broken and small shops being robbed. He felt this was pathetic because the thieves so often were not arrested. He felt the downtown area should be made safe for the citizens. Councilman Serge wondered about the foot patrol program in his area, being Tract 6. He talked about a recent fire in the area which had been determined to be arson. Chief Walsh indicated that between 14 and 20 officers make up the foot patrol program at one time. He indicated that these men are moved around from high crime area to high crime area. He stated that he would do his best to try and relieve the crime in all the census tracts. Councilman Szymkowiak talked about police protection in the downtown mall. He felt this was a necessity and should be provided especially in view of the fact that the weather would be getting warmer and the citizens and visitors to the city would be going out more often. He recommended that the program be utilized in the Second District because it was also needed there. He felt the motorcycles should be used in the program in addi- tion to the foot patrols. Councilman Miller thanked Mr. Rose for coming to the meeting and speaking. He felt that, from the report received by the Council, the program was most effective in high pedestrian areas. He wondered about specific guidelines for the program. Chief Walsh indicated that the program was operated timewise in the areas of high crime. He stated that any officer who was off duty could volunteer to work on his off -duty time and must sign up in advance. Councilman Taylor stated that the Public Safety Committee recommended that the program be con- tinued; however, it was hoped this could be done as an on -going type of thing. He hoped that the ordinance could be amended to read an amount of $30,000 at this time so that the chief could come back to the Council for a further request at a future date. Mr. Walter Lantz, Chief Deputy Controller, indicated that any appropriation from revenue sharing funds must be made under the normal procedure. The State Tax Board must then approve the ordinance. The board is given 15 days to set a public hearing, after which another 15 days is given before approval or denial is submitted. He indicated that the department was still waiting approval for the ordinances passed on January 13th. He stated that the Tax Board was between seven and eight weeks behind. Councilr Taylor felt that the ordinance should be submitted in enough time for the necessary approvals in the future. Mr. Lantz felt the money could possibly run out between approvals of the various ordinances. He indicated that the program was exhausted at this time. Councilman Kopczynski indicated that he had suggested some time ago that this program be incorporated into the city budget. He talked about the police department budget and the pension. He indicated that it was hard for him to conceive that $90,000 additional dollars per year was necessary to do the job. He felt there was a demand for more patrol work in the business areas. He stated that a great many cities are hiring their own private police forces to patrol the business areas. He felt it was unfair to the taxpayers.to keep putting tax dollars downtown. He questioned the amount of money spent each year for the Police and Fire Departments. He wondered how many more officers would be needed to do the job, and how many officers in the department could be replaced by citizens and assigned to actual police work. He felt the police work should be scrutinized very closely. Councilman Taylor wondered if an appropriation of $45,000 would help to alleviate the problem of ordinance approvals. He again stressed that the Council wanted the department to come back periodically for future requests. Mr. Lantz indicated that appropriating the sum of $45,000 rather than $30,000 as suggested might possibly eliminate one public hearing and evaluation. Councilman Taylor made a motion to amend the ordinance by reducing the total amount of $90,000 to $45,000, seconded by Councilman Serge. Councilman Miller felt the citizens should be given an opportunity to discuss the issue again since the Council had proposed to amend and reduce the amount. Council President Parent asked if anyone in the audience wished to speak further on the REGULAR MEETING FEBRUARY 24, 1975 REGULAR MEETING - RECONVENED (CONTINUED) issue. There were indications that a few citizens wished to comment; therefore, Council President Parent indicated that the public hearing portion could be re- opened even though it had been closet previously. Mr. Frederick Mutzl, 320 Parkovash, wondered if the city was entirely dependent on voluntary foot patrols. Chief Walsh indicated that this particular program was in addition to the regular patrol in any specific area. Mr. Ben Johnson, 522 Haney Street, spoke in support of Councilman Kopczynski's statements. He felt the downtown merchants should provide their own security. He felt there were many businesses that were not being protected. He urged protection for the citizens of South Bend. Chief Walsh indicated that many people have indicated that they would like to see the program in their particular areas. He felt the Police Department was best suited to determine where crime was. He stated that he and the department tried to do its best to give adequate protection to all the citizens. Councilman Szymkowiak indicated that he agreed with giving everyone an assurance of safety; however, he was concerned about his district also. Councilman Kopczynski wondered how many dollars were spent for foot patrol out of the total revenue sharing funds appropriated. Chief Walsh indicated that, in the past, the total amount of money was used for the foot patrol; however, the appropriation of funds now was to include stake- outs in certain areas. Councilman Kopczynski indicated that $90,000 would fund eight officers on the force. He felt that Chief Walsh was saying that South Bend needs these eight additional officers. He felt this should be incorporated into regular police work. Chief Walsh indicated that, using the appropriation, only six officers could be hired when vacations, and other benefit: were considered. He stated that anywhere from 10 to 16 men were working per day on the overtime foot patrol. Councilman Kopczynski stated that revenue sharing funds would be discontinued shortly. He wondered what would happen when the funds were no longer available. Chief Walsh stated that there would be no overtime foot patrol program in that event. Councilman Serge wondered how many jobs on the force could be replaced with citizens, and Chief Walsh indicated that there were none. Councilman Serge felt the crime rate would go higher in the future, and he appreciated the task ahead for Chief Walsh and the department. Councilman Newburn indicated that the Council had decided some time ago that something had to be done about the high crime areas; however, no money was available in the budget. For this reason, revenue sharing funds were utilized and this had been agreed to by the entire Council. Even if the funds were not available in the future, in Councilman Newburn's opinion, at least now the money would help alleviate the problem and afford some type of protection for the citizens. Council President Parent felt the program was a successful program and should be continued. The motion to amend carried. Council President Parent made a motion to pass the ordinance, as amended, seconded by Councilman Taylor. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent). Councilman Kopczynski felt it was only appropriate that, in the next budget, the foot patrol program be given high priority, a he again stated that he felt it should be included in the city budget. Council President Parent requested a ruling from the City Attorney concerning the parliamentary procedure and whether or not a person could speak after the question was called for. City Attorney Roemer indicated that he would provide that information. ORDINANCE NO. 5809 -75 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 second reading. Councilman Taylor made a motion to pass the ordinance, as amended in the Committee of the Whole, seconded by Councilman Szymkowiak. The ordinance passed t a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent). ORDINANCES AN ORDINANCE CONCERNING THE ADMINISTRATION AND REGULATION OF THE POLICE DEPARTMENT OF THE CITY OF SOUTH BEND, INDIANA and AN ORDINANCE PROVIDING FOR THE ESTABLISH- MENT OF A MERIT PLAN FOR POLICE AND FIREMEN IN THE CITY OF SOUTH BEND, INDIANA. Councilman Taylor made a motion that the above two ordinances be referred to the Public Safety Committee, seconded by Councilman Miller. The motion carried. RESOLUTIONS 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, WHEREAS, the Mayor of the City of South Bend is the Chief Executive Officer of the City, and is the Applicant for Community Development Funds; NOW, THEREFORE, BE IT RESOLVED that authority is hereby established for the Mayor of the City of South Bend to designate appropriate individuals to draw on a Letter of Credit executed for grants under Title I of the Housing and Community Development Act of 1974. s/ Roger O. Parent Councilman A public hearing was held on the resolution at this time. Councilman Miller, Chairman of the Human Resources and Economic Development Committee, to whom the resolution was referred, read the report of the committee as follows: REGULAR MEETING FEBRUARY 24, 1975 REGULAR MEETING - RECONVENED (CONTINUED) Your Committee on Human Resources and Economic Development, to whom was referred 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, respectfully report that it has examined the matter and that in its opinion the Council has been assured that this procedure as required by the Housing and Community Development Act provides only for the receipt of funds by the city from HUD and does not authorize any procedure for the disbursement of funds. The procedure for the disbursement of funds is subject to the resolution passed by the Council of January 13, 1975, that provided for a submission of a contract or budget within 90 days. Therefore, your committee recommends passage of this resolution. s/ Terry S. Miller Chairman Miss Virginia Guthrie, 403 Lincolnway West, wondered who had control of the funds once they were received. Mr. William Hojnacki, Director of the Department of Human Resources and Economic Development, stated that, depending on how the funds are spent, there would be both a citizens' advisory committee and review board and the Redevelopment Commission. The legislation provides for a citizen involvement procedure. Councilman Horvath made a motion to adopt the resolution, seconded by Councilman Serge. The resolution was adopted by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent). RESOLUTION NO. 475 -75 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND (sale of property located at 2222 Lincolnway West and 1210 Thomas Street). WHEREAS, the Board of Public Works of the City of South Bend, pursuant to Section 30A -2 of the Municipal Code of the City of South Bend, adopted Resolution No. 4 on February 17, 1975, authorizing the sale of certain parcels of real estate owned by the city which are no longer necessary to the public use and are not set aside by State or City law for public purposes; and WHEREAS, it is in the best interest of the City of South Bend to immediately take affirmative action in making the particular parcels of real property, to -wit: Street Address Deed No. 2222 Lincolnway West 267 1210 Thomas Street 760 available for disposition; and WHEREAS, the Common Council of the City to Section 30A -2 of the Municipal Code of the in such resolutions in a period less than the be contrary to the Board's resolution; NOW, THEREFORE, BE IT RESOLVED that the hereby authorizes approval of the sale of the described, and directs the Board of Public Wo said property. of South Bend has the authority, pursuant City of South Bend, to act affirmatively 30 days required for action which would Common.Council of the City of South Bend excess particulars of real property herein rks to go forth with the disposition of s/ Roger 0. Parent Member of the Common Council A public hearing was held at this time on the resolution. Mr. Rollin Farrand, Director of the Department of Public Works, explained that the new fire station on Olive Street was nearing completion and would soon be available for occupancy by the Fire Department. He requested that the Council adopt the resolution which would authorize the disposition of the old stations at 2222 Lincolnway West and 1210 Thomas Street. He stated that the Board of Public Works had recommended that the parcels be advertised for sale. Miss Virginia Guthrie, 403 Lincolnway West, talked about the proposed abandonment of Station No. 5 some time ago and its need at the present time. She indicated that she was glad the station had not been sold for surplus property because it was needed. She wondered if there was any chance the stations would be used in the foreseeable future. Mr. Farrand indicated that this matter had been discussed by the Fire Chief at cabinet meetings, and it was determined that the properties should be sold for surplus. Councilman Szymkowiak could not see selling the No. 11 station on Lincolnway West. He stated that it was decided there would be a four -bay station on Olive with ambulet service. He stated that this did not become a reality. He felt the station on Lincolnway could be used as an ambulet service and police sub- station. He felt the building could not be replaced today for $100,000. He talked about the expansion on the west side of town and felt that for this reason, the No. 11 station should be saved and utilized. He stated that the airport should furnish its own station. Mr. Farrand indicated that he was not aware of any proposals to build a fire station near the airport. Chief Jack Bland indicated that he understood Councilman Szymkowiak's concern for the property; however, he was speaking in terms of economy and the over- lapping of districts. He suggested that the station at 2222 Lincolnway West does cover a sizeable portion of the 1st and 2nd districts; however, those districts were served by four engine companie and that number would not change. Councilman Serge wondered if the station at 2222 Lincolnway We: could be salvaged for a few years in an effort to determine if the station would be needed in the future. Chief Bland stated that, at the present time, there was no money or manpower available fc extra ambulance service or a fire station at this location with another station only a few blocks away. Councilman Miller stated that the station had been built under a bond issue approved by the previous administration. He indicated that the bond issue left to the discretion of the city the location for the fire station. He felt the Olive Street station was needed as a replacement to the Thomas Street station; however, he felt the city would have to build, in the future, a station REGULAR MEETING FEBRUARY 24, 1975 REGULAR MEETING - RECONVENED (CONTINUED) in the vicinity of Lincolnway West and Bendix Drive. He stated that the northwest area of the cit, might be left short as far as fire protection was concerned. He wondered if additional funds would be requested from the Council for equipping the station. Chief Bland indicated that, to the best of his knowledge, he did not see any additional requests for funding; however, he did not want to definitely say there would be none. Councilman Kopczynski wondered about the specific plans and maps which helped determine the location of the new-station. Chief Bland indicated that all specificiations were arrived at on flow requirement methods. After this was determined, the decision had been reached. Councilman Kopczynski wondered if the time factor was considered, and Chief Bland felt that time was distance and this was also considered. Councilman Kopczynski felt the Sample Street area would require no less than what the Bendix area required, and only one fire truck was located at Gladstone and Western. Chief Bland stated that what was good in one area was not necessarily good in another area. Councilman Horvath felt the Council was getting off the subject. Councilman Kopczynski stated that he felt he had a right to receive answers to his questions. Council President Parent ruled for order. Councilman Kopczynski objected. Councilman Szymkowiak indicated that this was the public hearing on the ordinance and everyone had a right to speak. Councilman Horvath indicated that the matter being heard was the selling of the stations, and he felt Councilman Kopczynski's questions could be answered at another time. Council Presiden- Parent asked for a motion to uphold Councilman Horvath's point of order, and Councilman Newburn stated that he felt a motion was not necessary. He felt the president could rule on the matter. There was further discussion on the point of order and Councilman Kopczynski's questioning, and again Council President Parent ruled for order. Councilman Nemeth, also in an effort to stop debate, suggested that the Council consider whether or not the station on Lincolnway should be included in the resolution if there appeared to be so much controversy involving that station. Councilman Horvath agreed with Councilman Nemeth. Councilman Nemeth asked about any definite plan, for the property on Lincolnway. Mr. Farrand stated that there has been some interest expressed on purchasing the property. Councilman Nemeth stated that he was concerned about selling the propert, at a good price rather than just trying "to get rid of the property at this time ". Mr. Farrand stated that there were two appraisals on the property based on the B- Residential zoning. Councilm< Nemeth indicated that the appraisals only apply to the building. He hoped the administration woulc be looking closely at this matter before selling the property. He made a motion to adopt the resolution, seconded by Councilman Newburn. At this point, Councilman Kopczynski again stated that he had a right to speak on every aspect of fire protection throughout the city. He questioner Council President Parent's manner of conducting the meeting. Council President Parent stated that in the future, the whole issue would be taken before the Council if such outbursts were to occur. Councilman Horvath expressed concern about the selling of the fire station at this time. He wondered if the city should hold onto the property for a short period of time. He felt the city should not act too hastily on selling the property on Lincolnway. Mr. Farrand indicated that the Council has expressed considerable concern over the uses of the property in the future, and it was felt that the city should sell the property. Councilman Kopczynski again referred to the flow requirements in the Sample Street area and indicated that he would continue his questioning because he felt it pertained to the issue being discussed. Chief Bland indicated that he would have to check the files, and he would furnish to Councilman Kopczynski the fire survey if he desired which showed the specific information. Councilman Kopczynski talked about the expansion of the Sample Street area and no additional fire stations. He felt more information was needed and his specific questions should be answered. He stated that he had asked for this information before and had never received any answers. He stated that he would not be "muzzled" by the Counci: President in the future when he wished to pose questions to the administration. Council President Parent asked for a motion to recess. Councilman Taylor made such a motion, seconded by Councilman Miller. The motion carried. Recessed at 9:07 p.m. Reconvened at 9:12 p.m. There was a call for the question. The resolution was adopted by a roll call vote of six ayes (Councilmen Serge, Miller, Taylor, Nemeth, Newburn and Parent) and three nays (Councilmen Szymkowiak, Kopczynski and Horvath). 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) - 3501 West Washington Avenue. This ordinance had first reading. Councilman Horvath made a motion to refer the ordinance, along with the petition, to the Area Plan Commission, seconded by Councilman Taylor. The motion carried ORDINANCE AN ORDINANCE APPROPRIATING THE SUM OF $350,000 FROM THE CUMULATIVE SEWER SINKING AND BUILDING FUND, TO PROJECT CS -7, OLIVE STREET SANITARY SEWER TRUNK RECONSTRUCTION, WITHIN SAID FUND. This ordinance had first reading. Councilman Kopczynski made a motion to set the ordinance for public hearing and second reading on March 10, 1975, seconded by Councilman Miller. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING THE SUM OF $72,500.00 FROM THE SEWAGE WORKS IMPROVEMENT FUND FOR STEP ONE OF THE LABORATORY RENOVATION AND ENLARGEMENT. This ordinance had first reading. Councilman Newburn made a motion to set the ordinance for publ hearing and second reading on March 10, 1975, seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $12,600.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC SAFETY (continued) REGULAR MEETING FEBRUARY 24, 1975 REGULAR MEETING - RECONVENED (CONTINUED) ORDINANCE (CONTINUED) PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC SAFETY. This ordinance had first reading. Councilman Taylor made a motion to set the ordinance for public hearing and second reading on March 10, 1975, seconded by Councilman Horvath. The motion carried. PRIVILEGE OF THE FLOOR Mr. James Russell, 1517 Fremont, indicated that about 20 petitions would be circulated soon within the city calling for investigation of the house burning which has occurred in South Bend at various locations. He felt it was impossible to burn down as many homes as in South Bend without finding the arsonists. He felt certain federal housing programs would destroy the inner city, and he felt protection should be given the citizens regarding these house burnings. He referred to the incidei regarding "Old Tom" which had occurred in January. He questioned the sub - contractors doing the electrical wiring jobs and wondered how many of these contractors were black. He felt the electricians were "bootlegging" and, again referring to the incident involving "Old Tom ", he stated that a man was merely trying to protect his home. He wondered who authorized the contractor to do the wiring. He talked about the election year underway. He talked about the many number of blacks giving up hope because they were being discriminated against. He wondered what the present administration and Council had done to help the black people. Miss Virginia Guthrie, 403 Lincolnway West, read the following statement concerning plans for the Crime Commission for 1975: South Bend Common Council February 24, 1975 County -City Building South Bend, Indiana Gentlemen: Members of the South Bend Crime Commission met in caucus earlier this month to discuss plans for 1975 along the lines we reported to you in December. A committee was appointed to review these and other ideas, and will report to the full Commission next month. We request that as early as possible the Council appoint someone to replace Mr. Dean Johnson who died last summer and whose place has not yet been filled. We were disappointed that no one from the Council or administration invited any of our members to participate in discussions on a police merit system particularly in view of the fact that one of our members had considerable knowledge on this matter. We plan to operate, at least for and will carry on to the best of our a] request that in addition to the Police with the Commission, that someone from a liaison person to work directly with be needed. the present, without public or private funds Dility. In line with this new procedure, we Liaison Officer already assigned to and working the Department of Public Safety be assigned as the Commission and assist in research that may Members of the Commission having accepted to serve in this area feel a special responsibility to the citizens who have been contacting members about local situations. We feel that the knowledge we gained last year can, and should, be put to use by con- tinuing to work with all citizens, organizations and public officials. copy: Mayor Miller News Media Director of Safety Respectfully submitted, SOUTH BEND CRIME COMMISSION s/ Virginia Guthrie Secretary Miss Guthrie submitted the letter to the Council members and the City Clerk. Mrs. Irene Mutzl, 320 Parkovash, talked about the amount of trash and debris scattered in the downtown mall. She wondered who was responsible for the cleaning of the mall area and how often this was accomplished. Council President Parent indicated that he felt this was a responsibility of the Department of Public Works. He directed the City Clerk to write a letter to Mr. Farrand concerning the problem. UNFINISHED BUSINESS Councilman Szymkowiak wondered about the purchase of the Frances Street property as a site for the Delos House. He wondered if this had been accomplished yet as the Council had not heard anything further regarding the matter. Councilman Serge indicated that the deal had been completed and the Delos House would be relocated to Frances Street. Councilman Miller congratulated Council President Parent on his manner of conducting the meeting, referring to the fire station issue. He felt Council president Parent had followed correct parliamentary procedure. He also felt that disagreements of this type among Council members were a strength rather than a weakness because it showed that the Council did not want to hide anything and shared ,a deep concern on many items before the Council. He felt the meetings were good exampl( of "open town forums ". Councilman Kopczynski again repeated that, when he had the floor, he wishe< to be able to question the administration and not be ruled out of order. Councilman Horvath indicated that the Council should concentrate on the issue before the Council and not go into other aspects which he felt Councilman Kopczynski had been doing. Councilman Newburn urged the Council to read the Municipal Code concerning meeting conduct. He indicated that he was thankful that the girl scout troop which had been in attendance at the meeting had left before the outburst; �s 1 REGULAR MEETING REGULAR MEETING - RECONVENED (CONTINUED) FEBRUARY 24, 1975 on the fire station. He stated that the average citizen would not evaluate the issues because he did not have time, and he felt the citizens were losing confidence in the elected officials by the manner in which they were conducting themselves. He hoped this sort of thing would not continue within the Council. Councilman Nemeth made a motion to adjourn; however, Councilman Serge indicated that he wished to comment about a certain problem in his district. Councilman Szymkowiak indicated that, when he was elected, he dedicated himself to helping the citizens and he would continue to do that. He stated that he was only delivering the feelings of his constituents when he talked about certain issues. He felt that he treated all people alike. Councilman Serge then talked about the rusty and muddy water he and the people in his district had experienced the past few days. He asked tha- something be done about the situation. Councilman Kopczynski indicated that he has written numerous letters to the administration concerning various problems within his district and has never received answers to many of those letters. He stated that, because of that, he would ask these questions at the Council meetings if it was to be the only way he could get answers to his questions. He made a public charge that the administration was not answering all his questions concerning certain issues. There being no further business to come before the Council, unfinished or new, Councilman Newburn made a motion to adjourn, seconded by Councilman Serge. The motion carried, and the meeting adjourned at 9:40 p.m. ATTEST: CITY CLERK APPROVED: +++++++++++++++++++++++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++ s + + + + + + + + + + + + + + + + + + + + + + + + + ++