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HomeMy WebLinkAbout07-28-75 Council Meeting Minutes++++++++++++++++++++++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++ ++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++ REGULAR MEETING JULY 28, 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, July 28, 1975, at 7 :00 p.m., Council President Roger O. Parenl presiding. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL PRESENT: Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent. ABSENT: None. Councilman Kopczynski made a motion to resolve into the Committee of the Whole, seconded by Councilman Taylor. The motion carried. COMMITTEE OF THE WHOLE MEETING Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on Monday, July 28, 1975, at 7:02 p.m., with nine members present. Chairman Odell Newburn presided. ORDINANCE AN ORDINANCE FIXING THE ANNUAL PAY OF POLICEMEN FOR THE CALENDAR YEAR 1976. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Council President Parent made the presentation for the ordinance. He indicated that the proposal included a $400 increase across the board except for the first three ranks of Officer in Training, Patrolman and Patrolman First Class. He stated that there was an increase of $84 for dependent hospitalization, an additional holiday and an increase in the night incentive and hazard pay. He indicated that members of the Police Department and Council had met several times to discuss the proposed salary ordinance. He stated that the Council was hampered because of the frozen tax rate and the increase being proposed had to fall under that tax rate. He indicated that the Council had discussed the possibility of amending the ordinance to increase the salaries from $400 to $416. He stated that it was the Council's recommendation to increase the hospitalization by $84; however, it was up to the Mayor to implement that recommendation. He felt the proposal was a fair one in view of the amount of funds available at the present time. Councilman Taylor made a motion to amend the ordinance as follows: In Section 1, amend the salary schedule so that it is increased by $16 across the board, except for the first three ranks. This allows for a $416 increase instead of $400. Section -3 to read: That any individual officer receiving less than a $416 salary increase above his salary as of December 31, 1975, may be entitled to a salary schedule adjustment which shall be established $416 above his December 31, 1975 salary. This salary may be set by the Board of Safety prior to the first pay period of 1976 and shall include night incentive, educational incentive and hazard pay. This section shall not apply to those officers in the lowest three ranks as of December 31, 1975. This section is meant to insure a reward to individual officers for longevity and experience on the police force. Section 3 becomes Section 4. Second paragraph of Section 4 to read: (a) For time spent in court appearances and overtime work as determined by the Chief of Police, $5.00 per hour. A police officer requested to work overtime by the Police Chief or his designee is automatically paid the $5.00 per hour. (b) Same as is except designate (b). (c) Same as it except designate (c). COMMITTEE OF THE WHOLE MEETING (CONTINUED) Section 5 to read: The Common Council recommends that the contribution to dependent hospitalization be increased by $84 per year. Section 4 becomes Section 6. Council President Parent seconded the motion to amend. Councilman Miller then made a motion to amend the amendment as follows: Strike Section 3 and replace with the following: No police officer shall be assigned a service year for 1976 which would result in a lower salary than his base salary as of December 31, 1975, except as may otherwise be ordered by the Board of Safety in case of a reduction in rank. Councilman Horvath seconded the motion to amend the amendment. Council President Parent spoke in opposition to the amendment to the amendment. He felt that each officer should be entitled to the $416 increase in salary, and with Councilman Miller's motion, there was a chance that some of the officers might receive less than the $416 increase. There was a call for the question, and a roll call vote was taken on the amendment to the amend- ment. That motion carried by a vote of six ayes (Councilmen Szymkowiak, Miller, Kopczynski, Horvath, Nemeth and Newburn) and three nays (Councilmen Serge, Taylor and Parent). Councilman Miller then clarified his amendment to include in Section I the addition of $16 for each service year from 1 through 12 for Corporal, Technician Detective, Specialist Det. Serg., Sergeant, Lieutenant and Captain. Councilman Nemeth seconded the motion. The motion carried. There was a call for the question on the entire amendment. Council President Parent requested a roll call vote. The amendment passed by a vote of seven ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Horvath, Nemeth and Newburn) and two nays (Councilmen Kopczynski and Parent). Police Officer William Coar, representing the Wage Committee of the Fraternal Order of Police, indicated that negotiations had opened with the Council in May, and it was the large feeling of the Police Department that the officers were not receiving a moderate salary if compared to the statistics of the Bureau of Labor. He indicated that the base pay was below the recommended amount. He mentioned the fact that many officers work additional jobs in order to compensate themselves. He stated that the F.O.P. wanted a starting patrolman to receive $5.00 an hour. The F.O.P. asked that there be an adjustment between each rank of $1,000. Officer Coar indicated that approval of this request was not met because of the frozen tax rate. He stated that the F.O.P. understood that problem and had asked that a life insurance and dental insurance plan be picked up, He stated that this had been denied by the Council. The F.O.P. had also requested an increase in the clothing allowance and payment for the off -duty gun which each officer was required to carry. He indicated that approximately 29 officers would be getting less than the $400 increase below the rank of Corporal. He asked that the ordinance be amended again to insure that no officer receive less than a $416 base wage increase. He stated that this was done last year, and he could not understand why it could not be done again. Police Officer Charles Mahank, President of the F.O.P., presented the following hourly rates: Officer in Training $4.10 Compared to: Junior Clerk (clerical) $6.45 Patrolman 4.33 Junior Key Punch Operator 5.95 Patrolman First Class 4.62 Clerk - Typist 5.60 Corporal 4.96 Drill Press Operator 5.46 Technician Detective 5.19 Grinder 5.62 Lieutenant 5.71 Welder (Torrington) 5.86 Captain 5.83 Painter 5.50 Division Chief 7.04 Journeyman 8.58 Chief 7.96 Apprentice 6.01 Truck Repairman (A.M. General) 6.65 Boiler Repairman 6.57 Janitor 5.48 Officer Mahank felt these comparisons pointed out the need of the officers within the department. Police Officer Martin Gersey, member of the 1976 F.O.P. Wage Committee, read another comparison of neighboring police rates: Patrolman First Class in South Bend $4.62 Michigan City 4.69 Fort Wayne 5.19 Hammond 5.51 Evansville 4.84 Warren, Ohio 5.28 Canton, Ohio 5.06 Toledo, Ohio 5.77 Grand Rapids, Michigan 6.69 Springfield, Illinois 5.71 Oak Lawn, Illinois 7.12 Evanston, Illinois 6.95 Police Officer William Humphries, F.O.P. Wage Committee, indicated that a professional police department was requested by the Council, and in return a professional pay was requested by the officers. He indicated that the pay raises were below the average increase. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, read into the record the following statement of the association: Gentlemen: The South Bend Civic Planning Association in reviewing the budgetary needs of the City of South Bend for 1976 realizes the difficulty of meeting rising costs with the limited additional revenue provided by increased property valuation. Approximately $470,000 more revenue will be available in 1976 (assuming a $5.00 civil city tax rate). REGULAR MEETING JULY 28, 1975 OF THE WHOLE MEETING (CONTINUED) Many demands are being placed on these funds, the first of which is for salaries. Without the benefit of the proposed budget to study, we would make the following suggestion as a means of responding to the request for increased salaries. ** For'the year 1976 we recommend that salary improvements be limited to changes in fringe benefits. ** This would include consideration in the areas of the insurance program, holiday pay and holidays allowed, clothing allowances, and annual pay increments. We would remind you that this community at present has a rather high number of unemployed taxpayers. It seems unreasonable to expect unemployed taxpayers to pay for salary increases to government employees and carry the burden of increasing poor relief and welfare costs. Using these guidelines, we feel that the needs of other areas in the budget will be easier to meet and benefits can be provided for employees. Thank you for your consideration. Sincerely, s/ Gene Evans Executive Secretary Mr. Walter Willis III, representing an organization of citizens for good government, stated that he had not liked a statement made to him by a police officer: If we got a better salary, better services would be provided. He felt the facts were clear, and he hoped that the policemen would be given a decent salary. Councilman Horvath wondered how many years' service a police officer must have before retirement, and Officer Mahank indicated that 20 years' service was required. Councilman Horvath indicated that, in industry, a person must work until 65. He asked how much money an officer would draw afte 20 years of service, and Officer Mahank indicated that half the base pay of the Patrolman First Class would be drawn. Councilman Horvath indicated that this amounted to a great deal of money over a period of time. He stated that industry was making more as far as hourly rates, but the benefits being given to the officers were not given in industry. He indicated that the Council was trying to be reasonable with the limited amount of funds available. He felt all employees should be treated equally. Councilman Kopczynski wondered about some of the skills needed by the officers in order to make them proficient in comparison to the skills required in industry, etc. Police Chief John Walsh indicated that, when the officers were called upon to investigate any crime) or accident, they must know exactly what to do. He indicated that a three -month training for the rookies was required, and then the training was on- going. He stated that a person's life could be saved in seconds and this rested upon the officers on many occasions. Councilman Kopczynski talked about the skill of diplomacy. He indicated that his constituents felt the department was lacking in that area. He felt the officers should be rated on the basis of ability to perform their duties He wondered if the department was deviating from police work and becoming involved in areas it shou not be. Chief Walsh indicated that there were officers at times that were not diplomatic; however, he stated that he had also received many letters of commendation from citizens for the work perform by the officers. Councilman Kopczynski talked about the four -year apprenticeship required for the various trades. He asked for the qualifications of the officers and skills needed, in writing. Chief Walsh indicated that he would reply to Councilman Kopczynski's request. Council President Parent talked about the controversy over the past few years involving the police department; however, he wondered about its bearing on what was being considered at the present time. He wanted each officer to make a decent wage. He reminded the officers that the pension plan must be considered. He felt the amendment made did discriminate against certain officers in that 32 men would make less than the $416 approved for the other officers. For this reason, he made a motion to amend Section 3 as follows: Any individual officer receiving less than a $300 salary increase above his salary as of December 31, 1975, may be entitled to a salary schedule adjustment which shall be established $300 above his December 31, 1975 salary. This salary may be set by the Board of Safety prior to the first pay period of 1976 and shall include night incentive, educational incentive and hazard pay. This section shall not apply to those officers in the lowest three ranks as of December 31, 1975. This section is meant to insure a reward to individual officers for longevity and experience on the police force. : ouncilman Taylor seconded the motion. He requested a roll call vote. The motion carried by a Tote of five ayes (Councilmen Serge, Szymkowiak, Taylor, Newburn and Parent) and four nays (Councilmen Miller, Kopczynski, Horvath and Nemeth). Councilman Serge talked about the total amount of the city's income for the next year. He indicat that the pension plan cost the city a great deal of money each year. He felt the Council must budget with what the city had to work with. Councilman Taylor indicated that he was pleased with the amendments made; however, he was disappointed that not each officer would receive a $416 increase. Councilman Miller indicated that, last year, some of the policemen received greater increases over the base in order to get the salaries in line. He wondered if this should be con- sidered discrimination if it was felt the Council was being discriminatory at the present time in that not all officers would receive a $416 increase. He talked about the night incentive pay and educational incentive pay. He indicated that almost all patrolmen were receiving over $5.00 an hour with that considered. He stated that he was upset with the increase in the crime rate. He wondered when this would be taken care of and brought down. He stated` that he was aware of the problem with the courts and judges, but he felt the officers should make arrests more than once if that was what it would take "to get the criminals off the street ". Councilman Szymkowiak indicated that he had taken a $1,100 cut in pay this year and next year, he would be taking a $2,500 cut. An officer in the audience asked why, and Councilman Szymkowiak indicated that he was entitled to his share of social security like everyone else. He stated that he had not cut his services because he had taken a cut in pay. Councilman Kopczynski talked about the amount of time put into his job as a councilman. He indicated that it averaged out to about $1.50 an hour in salary. He felt the officers making statements about the increase in salary for the councilmen were totally ignorant of the duties of the councilmen (prompted by the outburst of one officer REGULAR MEETING JULY-20L 1975 COMMITTEE OF THE WHOLE MEETING (CONTINUED) questioning the rai persons' parts. He better services. H ment were resolved. Parent talked about amount of services cities the size of se of the councilmen's salary). He felt there was a lack of cooperation on some could not see any correlation in the statement made concerning more salary, the e felt there should be no increase at all until the problems within the depart - He recommended that the ordinance not be voted upon. Council President the scheme of payment that would be required if the officers were paid on the performed. He indicated that he felt the base pay was comparable to other South Bend. Councilman Horvath made a motion to recommend the ordinance to the Council with no recommendation until a recess was taken, seconded by Councilman Nemeth. Council President Parent felt those councilmen who had voted to approve the $300 increase should not support Councilman Horvath's motion. Chairman Newburn requested a roll call vote on the motion. It appeared the motion had carried; however, Councilman Serge indicated that he wished to change his vote to nay because he had misunderstood the motion. The motion was declared lost by a vote of five nays (Councilmen Serge, Szymkowiak, Taylor, Newburn and Parent) and four. ayes (Councilmen Miller, Kopczynski, Horvath and Nemeth). Councilman Taylor then made a motion that the ordinance be recommended favorably, as amended, to the Common Council, seconded by Council President Parent. Chairman Newburn requested a roll call vote. The motion carried by a vote of eight ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Horvath, Nemeth, Newburn and Parent) with one nay (Councilman Kopczynski). ORDINANCE AN ORDINANCE FIXING THE ANNUAL PAY OF FIREFIGHTERS FOR THE CALENDAR YEAR 1976. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Council President Parent made the presentation for the ordinance. He indicated that the proposal represented a $400 increase across the board except for the first three ranks. In addition, the Council had recommended that $84 be paid in dependent hospitalization, and an additional $25 be added to the clothing allowance. He indicated that a provision was also included in the ordinance to provide an additional $600 per year for the paramedics, and an additional holiday was given. He felt that, with the present frozen tax rate and the high cost of the pension plan, the proposal was reasonable. In addition, he indicated that an amendment would be made to increase the amount of the raise from $400 to $416 and also increase the salary of the Firefighter First Class from $9,480 to $9,600. He indicated that tillermen would also be included to receive additional pay like the regularly assigned drivers of fire trucks and other heavy equipment. Councilman Taylor made a motion to amend the ordinance as follows: In Section 1, amend to increase the salaries of Battalion Chief, Captain, Electrician, Lieutenant and Engineer by $16. Amend to increase the salary of Firefighter First Class to $9,600. In Section 2, include tillermen with assigned drivers of fire trucks and other heavy equipment to receive an additional $225 per year. Add a new Section 4 as follows: The Common Council recommends that the contribution to dependent hospitalization be increased by $84.00 per year and that the Firefighter's clothing allowance be advanced from $250.00 to $275.00 per year. Section 4 becomes Section 5. Council President Parent seconded the motion to amend. Councilman Kopczynski stated that it was his understanding that a promotion in rank was to be given a man as a reward for acquiring skills on the department. He indicated that each year, additional pay was given for various skills. He wondered about this. Assistant Fire Chief Joseph Nagy indicated that, when the incentive pay was started, the engineer had extra responsibilities and was compensated for this. He indicated that, for about five or six years, the tillermen had been overlooked. He indicated that the paramedics should also be included for extra pay for duties performed. Councilman Kopczynski wondered why these skills were not used to determine promotion in rank. He felt that, if certain skills were needed, promotions should be given to those men. He felt the firefighter with more skills should be rewarded accordingly by a promotion in rank. He felt this should be spelled out as to what skills were required for the various ranks. Assistant Chief Nagy indicated that this information was available and he stated that he would furnish it to Councilman Kopczynski. Councilman Miller made a motion to amend the amendment by deleting the increase of the Firefighter First Class to $9,600, seconded by Councilman Nemeth. Councilman Taylor stated that he felt both pensions should be the same for policemen and firefighters, and the amount of the pension was based on the salary of the Patrolman First Class and Firefighter First Class. He indicated that the Council acted as an administrative body by state law in negotiating salaries. He felt that retired policemen and firefighters should receive the same amount of money. He indicated that his amendment would cut in half the difference that existed, and be a start to end the disparity. Councilman Kopczynski wondered how many regularly assigned drivers of fire trucks were needed. Assistant Chief Nagy indicated that the department was requesting money for an additional six more people for tillermen. Councilman Kopczynski wondered about the scuba divers, and Assistant Chief Nagy indicated that there were 10. Councilman Kopczynski wondered how many shifts these men worke on. Assistant Chief Nagy indicated that the men are split so that three to four of them work on each shift. Councilman Nemeth supported the motion made by Councilman Miller because the state legislative determined the pension plan and the cities were forced to come up with the money to implement the plan. He stated that the state has also seen fit to freeze the city's tax rate. He felt the salary should likewise be frozen until the law was amended to provide the city with a means to implement the pension plan. He felt the base should be kept down so that the pension would not be increased with a frozen tax rate. He stated that, in seven years, the pension has increased approximately 1500. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, referred to a problem which had created the disparity in pay between the policemen an firemen some time ago. He commended Councilman Taylor on his motion to try and resolve that disparity. Councilman Miller indicated that the firefighters themselves helped to increase the disparity between departments because they wished to have an across - the -board increase last year rather than the program which was approved for the policemen. Chairman Newburn requested a roll REGULAR MEETING JULY 28 1975 COMMITTEE OF THE WHOLE MEETING (CONTINUED) call vote on Councilman Miller's motion to delete the increase in the Firefighter First Class position. The motion lost by a vote of five nays (Councilmen Serge, Szymkowiak, Taylor, Newburn and Parent) and four ayes (Councilmen Miller, Kopczynski, Horvath and Nemeth). There was a call for the question on the original motion to amend the ordinance made by Councilman Taylor. A roll call vote was again requested. The motion carried by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent). Firefighter Tim Brassell of the Wage Committee wondered if the pension plan for the policemen would be increased and not that of the firefighters. He did not feel this should be so. Councilman Miller felt there was a difference because of the change in the date to December 31, 1975. He felt a legal interpretation was required. Council President Parent felt there was a difference of six months; however, the concept was the same. He stated that the attorney for the policemen had felt there would not be a conflict. Firefighter Brassell indicated that the police pension had increased $240 last year over the firefighters. Councilman Taylor stated that the Council had cut in half the disparity that existed. Firefighter Brassell stated that there was a surplus within the salary account in the Fire Department of approximately $40,000. He wondered why this surplus could not be used for increased salaries and clothing allowance. He talked about the transfers of funds which occur within the salary account during the year, and he wondered why a transfer could not be made for the $40,000 surplus in order that it could be used for salaries i 1976. He stated that he wondered where the city's priorities were at times. He talked about the possibility of collective bargaining in the future. Firefighter Randy Magdalinski, Chairman of th Wage Committee, thanked the Council for appropriating additional funds for the paramedics. He indicated that, prior to the amendment concerning the $300 for the policemen, there would have bee some officers who would not have received the $416 increase. He stated that now, at least they would receive no less than $300. He indicated that 23 firefighters would be eliminated from the pay raise for next year unless such a provision was included in the salary ordinance. Firefighter Don Luckett felt the three lowest ranked salaries should be increased the same amount as the other ranks. Mr. Evans indicated that there was a difference in the clothing allowance for policemen and firemen. He stated that the association hoped the allowance would be the same for both departments. Councilman Miller indicated that it was difficult to negotiate wages. He felt it wa understandable that each side would present positions which would favor one side. He felt this was a disadvantage to the Council because it had to look at the total picture. He also felt that the policemen and firefighters have conducted themselves in a professional manner throughout the negotiations, and he commended the officers for this. He stated that the Council's efforts showed that it wished to improve some of the inequities that existed. He indicated that the police and fire pensions were a "hang -up" and would continue to be. He stated that the city did not know how this pension would increase in future years and this presented a problem. Council President Parent felt that, in view of the financial condition of the city, the ordinance, as amended, was fair although not exactly what he would have proposed. Council President Parent made a motion that the ordinance be recommended favorably, as amended, to the Common Council, seconded by Councilman Taylor. Chairman Newburn requested a roll call vote The motion carried by a vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynsk Horvath, Nemeth, Newburn and Parent). Councilman Taylor made a motion to recess, seconded by Council President Parent. The motion carried, and the Committee of the Whole recessed at 8:40 p.m. Reconvened at 9:00 p.m. ORDINANCE AN ORDINANCE FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 1976. This being the time heretofore set for public hearing on the abc opponents were given an opportunity to be heard. Mr. James Roer sentation for the ordinance. He stated that the ordinance inch policemen and firefighters. He stated that what was recommender across - the -board of $500 or 24 � an hour for the hourly personn( last several months, there had been many items requested by the counteroffered. Only one of the issues had come to the Council; He referred to his letter dated July 10th which had been sent tc the entire negotiations. He stated that the union ratification the proposed ordinance had been filed in the Clerk's Office. HE change in the ratification in that, rather than the 244 an hour be made with $84 towards dependent hospitalization by the city. the Teamsters Local 364. which consisted of approximately 350 c: ve ordinance, proponents and er, City Attorney, made the pre - ded basically all employees except in the ordinance was an increase 1. He explained that, over the union and all the requests had bee that being the 25G per hour rate. the Council, in which he summariz had occurred on the evening that stated that there was a slight increase, a 20� an hour increase Mr. Michael Lawrence, representin tv emplovees, indicated that the committee had met with the Council and had hoped for a greater increase. The total package; however, was ratified on July 9th with the 20fi an hour increase and the $84 contribution by the city toward dependent hospitalization. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, questioned the salary of the Greenskeeper in the Park Department. He indicated that the salary had been raised from $10,000 to $13,000. Mr. James Seitz, Director of the Department of Public Parks, explained that a $3,000 increase had been proposed because of the qualifications and training of the greenskeepers. He talked about the amount of money put into the city's golf courses and the need to maintain the courses in the best way possible. He felt sure the revenue from the gold courses would be increased. He indicated that the average greenskeeper salary ranged from $17,000 to $20,000. Mr. Evans wondered about the $618 increase for the Director of the Newman Center, and Mr. Seitz explained that the department was trying to equalize the salaries of the directors for the centers. Mr. Evans indicated that there was a large increase made in the position of Director of the Communications Bureau, and also the addition of three new positions. He questioned this, and Mr. Michael Carrington, Public Safety Director, stated that the department was in desperate need of additional personnel and an increased salary for the director because of the qualifications and responsibilities. He indicated that the department was trying to make that position more in line with comparable positions. He indicated that, with the three additional positions, a wage differential would be realized. Councilman Serge wondered if the $3,000 raise for the greenskeeper would keep the men in South Be and Mr. Seitz indicated that he could not guarantee that; however, he felt the increases would definitely help the city keep the professional greenskeepers it presently had. Councilman REGULAR MEETING .TUTU R_1975 COMMITTEE OF THE WHOLE MEETING (CONTINUED) Kopczynski indicated that he had checked into the Communications Bureau and he felt highly skilled personnel were not paid accordingly; however, there were some areas where persons were being paid for not having the necessary skills. Council President Parent made a motion to amend the ordinance to reduce all the salaried positions which had been increased $500 or more by $84, and further to reduce hourly rates by 4C, seconded t Councilman Horvath. The motion carried. Councilman Nemeth then made a motion to eliminate the position of Director of Public Safety, seconded by Councilman Kopczynski. Councilman Taylor felt the Council should not act hastily on this matter. He wanted the citizens to become more familiar with the issue even though both mayoral candidates have talked about the elimination of that position. He indicated that the department never came under attack as much as the first director of the department. Councilman Kopczynski indicated that the Council had, by vote, approved the cabinet ordinance creating the position. He felt it should also take the obligation to delete the position when necessary. He indicated that he supported Councilman Nemeth's proposal. Councilman Szymkowiak felt the position was experimental when the cabinet ordinance was initiated. He felt that, with the elimination of the position, a better system could be worked out with the other departments. He felt the elimina tion of the position would help to improve the problems in the Police and Fire Departments. Councilman Taylor asked Mr. Carrington, present director, to rise. He indicated that not one councilman had seen fit to criticize his work. He felt it was "cheap politics" to try to eliminat the position at this time. He felt the issue should be made a campaign issue for the mayoral candidates and the Council should not involve itself at this time in the matter. Council Presiden Parent stated that he was generally in favor of having any mayor re -work the administration. He wanted to give the next mayor the opportunity to have the position if desired. He felt that most councilmen have utilized the services of that department concerning demolition of buildings, substandard buildings, abandoned vehicles, problems with dogs and other nuisances. He felt it was unrealistic to not have a department of safety. He felt there was much needed improvement in the enforcement of many of the laws dealing with nuisances and this could be accomplished with a department dealing in those areas. Councilman Nemeth stated that he felt the people have spoken concerning the position. Councilman Nemeth stated that, for that reason, he had made the motion to delete the position. Councilman Kopczynski felt Mr. Carrington had done a tremendous job as the director; however, with the position being above the chiefs in the police and fire departments there were problems. He felt there would be another way to handle the issue. Councilman Taylor could not understand how Mr. Carrington could be complimented by the councilmen and then have his position deleted. He wanted the people to have a voice in the matter. He felt the real problem was Pat Gallagher, not the Department of Public Safety. He felt some restructuring was needed, but he did not think the position of the director should be eliminated. Councilman Horvath indicated that, in the present cabinet ordinance, the position was included. He felt the position should stay in the budget at the present time so that the new administration could deal with the issue. Councilman Szymkowiak felt that the city needed a good city judge more than a safety director to enforce the many violations taking place. He indicated that the substandard buildings should be under the jurisdiction of the Building Department; law and order should be under the jurisdiction of the Police Department, etc. He stated that he was disappointed in the response given him concerning the many violations he had called to the administration's attention. Chairman Newburn asked for a point of order. Councilman Serge indicated that the misfortune of the present administration was hiring Patrick Gallagher, who was not knowledgeable about government. He indicated that today, a well - educated man held the position and Councilman Serge felt Mr. Carrington was very well qualified for the job. Councilman Miller felt the Council shouR not be discussing Mr. Gallagher, and he did not feel it was a viable point. He indicated that the issue of Public Safety Director dealt with the issue of crime, which was unacceptable and needed much improvement. He stated that he would support anything. that would bring about a reduction in the crime rate. He stated that he was aware that the work of the director would have to be done by someone else. He felt the failure of that office was mismanagement. He felt that, with the proper direction of the mayor, there could be some advantages for coordination among.programs and the different bodies in the criminal justice system. He felt that the Director of Public Safety was a tool of the mayor and, if not used properly, it was the failure of the mayor. He wanted the decision to be left to the next administration on how best to handle the position. He felt the position could be viable with a strong mayor. Chairman Newburn wondered if public discussion should be held on the issue, and he asked the Council if they wished to re -open public discussion. Council President Parent felt the chair should rule on that point. There were no responses or comments from the audience. Councilman Serge wondered how many departments Mr. Carrington handled and Mr. Carrington indicated that he had jurisdiction over 7 to 9 departments, depending onhow they were handled. Councilman Serge wondered about the amount of federal funds handled, and Mr. Carrington indicated that his department administers several thousand dollars in federal funds. There was a call for the question. Councilman Taylor requested a roll call vote on the motion. The motion lost by a vote of six nays (Councilmen Serge, Miller, Taylor, Horvath, Newburn and Parent) and three ayes (Councilmen Szymkowiak, ak, Kopczynski and Nemeth). Mr. William Hojnacki, Director of the Department of Human Resources and Economic Development, requested that the Council amend the ordinance on page 2 to delete the Deputy Director of Planning at $14,500 and delete the words "for Field Operations" from the Deputy Director remaining Councilman Nemeth made a motion to so amend the ordinance, seconded by Councilman Kopczynski. The motion carried. Mr. Evans wondered why the Deputy Director position could not be listed at the lower figure of $14,500 rather than $16,500. Mr. Hojnacki indicated that, at present, there was an individual in that position at $16,500. Councilman Kopczynski made a motion that the ordinance be recommended favorably to the Common Council, as amended, seconded by Councilman Horvath. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $5,825.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC WORKS PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC WORKS. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Rollin Farrand, Director of the Department of Public Works, made the presentation for the ordinance. He explained that the ordinance had REGULAR MEETING JULY 28 1975 I COMMITTEE OF THE WHOLE MEETING (CONTINUED) been filed in order to provide funds for modifications to the jail portion of the Municipal Servi Facility. He stated that the juveniles must be housed in a large bullpen area and then locked in individual cells. The cells did not have toilet facilities which created a health hazard and a very bad security problem. Councilman Miller indicated that, at one time, the city jail was eliminated and the county jail wa determined inadequate. He wondered if this was the reason for using the city jail at this time. Mr. Farrand indicated that there was not a large number of people at the jail and normally the persons were only held in the city jail for short periods of time. Councilman Miller felt it was a failure of county government to provide inadequate facilities; however, if improvements had to b made, he stated that he would support the ordinance. Council President Parent made a motion that the ordinance be recommended favorably to the Common Council, seconded by Councilman Serge. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $9,081.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC WORKS PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC WORKS. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Rollin Farrand, Director of the Department of Public Works, made the presentation for the ordinance. He explained that the Bureau of Traffic and Lighting was in need of a hydraulic platform lift and truck estimated to cost $9,081. He talk about the various installations that the department could not maintain with its present equipment. He indicated that bids were received and would be awarded subject to funding. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, stated that $4,500 had been budgeted for this year for motor vehicles. He wondered if this amount had been expended, and Mr. Farrand indicated that it had been. Councilman Kopczynski wondered if the bids received covered new or used equipment. Mr. Farrand indicated that the base bid was for new equipment; however, the low bid was for demonstrator equipment. Councilman Kopczynski indicated that the Board of Public Works had the authority to award the bid. He wondered if the bids were comparable. Mr. Farrand indicated that the new equipment was bid approximately $500 more. Councilman Kopczynski indicated that there was a guarantee on the new equipment. He wondered if the savings of $500 should be realized and the equipment purchased with no guarantee. He indicated that he did not question the amount or the necessity of the equipment. Mr. Farrand indicated that he felt there was a differenc in used equipment and what was considered to be a demonstrator. Councilman Kopczynski asked if there would be a guarantee with the demonstrator, and Mr. Farrand indicated that he did not know. d red if m in e He stated that he was assured the equipment was g ood condition. Councilman Miller won it would be possible for Mr. Farrand to check the bid documents prior to final action by the Counci' on the matter. Mr. Farrand indicated that he would try to come up with the requested information concerning the guarantee. Mr. James Barcome, City Controller and member of the Board of Public Works, indicated that the board would agree to rescind the bid if there was no guarantee and then approve the bid for the additional $500 with the guarantee. Councilman Miller made a motion to include a new Section II to read: Provided that this equipment has a new equipment guarantee. The motion was seconded by Council President Parent and carried. Councilman Miller then made a motion that the ordinance be recommended favorably, as amended, to the Common Council, seconded by Councilman Serge. The motion carried. INANCE AN ORDINANCE APPROPRIATING $44,000.00 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 being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Assistant Fire Chief Joseph Nagy made the presen- tation for the ordinance. He explained that the request would pay for repairs to the Fire Department snorkel truck which was damaged as a result of an accident earlier in the year. He stated that the bids have been advertised for three options. Councilman Kopczynski indicated that there was quite a price differential on parts between the time they were ordered and the time they were delivered. He wondered what happened to the payment of these bills. Mr. Rollin Farrand, Director of the Department of Public Works, indicated that, whenever a bid was made, that bid was a firm bid. If the price increased prior to delivery of the merchandise, the city has the option to ask that the bid be rescinded or the bidder can take the loss and let the bid stand. He indicated that, in this particular contract, there was a firm bid and no indication of any price protection clause.. Councilman Serge wondered if this was the total price for the whole unit, and Assistant Chief Nagy indicated that the bid was let on three options. He indicated what was involved in each of the options as far as replacing and repairing. He stated that the fourth option was not bid. Councilman Serge wondered what a new snorkel truck would cost. Assistant Chief Nagy indicated that a new truck would cost between $140,000 and $160,000. Councilm Kopczynski wondered how many mechanics were employed within the department. Assistant Chief Nagy indicated that there were two mechanics. Councilman Kopczynski wondered if the men could perform some of the work on the snorkel themselves. Assistant Chief Nagy felt the mechanics were not the problem; the equipment was not available to accomplish the repairs. Councilman Kopczynski indicate that some hoists were available to pull engines. He indicated that he was aware that the Municipal Services Facility was not equipped to do some jobs. He felt the mechanics should be able to per- form the required work on the boom., Councilman Serge made a motion that the ordinance be recommended favorably to the Common Council, seconded by Council President Parent. The motion carried. REGULAR MEETING JULY 28 1975 COMMITTEE OF THE WHOLE MEETING (CONTINUED) ORDINANCE AN ORDINANCE APPROPRIATING $93,000.00 FROM THE COMMUNITY DEVELOPMENT GRANT FUND, FOR VARIOUS PUBLIC PARKS PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC PARKS. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. James Seitz, Director of the Department of Public Parks, made the presentation for the ordinance. He explained that the plans for the Southeast Side Park included four basketball courts which would be lighted, two tennis courts, excavating and grading, purchase of playground equipment, engineering and miscellaneous and construction of a shelterhouse and restroom. He stated that the suggestions for the Southeast Side Park were obtained at a meeting of the Southeast Neighborhood Project Action Committee. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, wondered to what extent the city was being obligated on an annual basis regarding maintenance of the park. Mr. Seitz indicated that, with the proposed three new parks, the parks could be maintained with the help of federal funds. He stated that one maintenance man would be needed at each park. He did not feel the maintenance costs would be very great. Mr. Dan Stoltzfus, 409 East Broadway, supported the park project for the southeast side. He suggested that the park be named the Dean Johnson Memoria: Park as had been suggested by the residents in the area. He wondered how far the plans had pro- ceeded and he asked that the plans be submitted to the residents so that they could be involved in some of the decisions. He requested that some communication be given to the residents concerning the status of the project. Mr. Seitz indicated that the plans which had been designed were being completed in- house, and he stated that Community Development funds have just become available. He indicated that the residents would be kept aware of the decision - making. Councilman Taylor felt the general public should be aware that approximately nine million dollars would be received by the city in the next three years from Community Development. He stated that the funds would be used to help stabilize neighborhoods. He stated that he supported the proposed ordinance. Council President Parent indicated that he also supported the commitment to the neighborhoods. Councilman Kopczynski wondered if there was a petition accompanying the request fo: development of the park. Mr. Seitz indicated that there was not a petition asking for the park. He stated that the Park Board had realized the need for a park in that area for many years. He felt open space for a park might bring the people back into that area. He indicated that this was a number one priority even before the King Center. Councilman Kopczynski wondered about the city'; contribution in view of the $500,000 received by the government to clear the land. Mr. Seitz indicated that the city's obligation was to purchase the land and turn it into a park. Councilman Kopczynski wondered how many people have been involved in the request for the park. Mr. Conrad Damian, 718 East Broadway, indicated that, for the past five years, the residents have been trying to bring a park into the neighborhood. He stated that approximately 750 persons have attended meetings concerning the southeast side, although he could not give a definite figure of those involved in the park project. He stated that he would estimate between 150 to 200 persons. Councilman Kopczynski wondered if the proposal for the Southeast Side Park was approved relatively easy compared to the approval for the Belleville Park which had been requested some time ago by many persons. Mr. Seitz indicated that he would not comment on that remark. Councilman Horvath indicated that the new parks were very well equipped, but he felt the older parks were not updated and equipment furnished. He felt too many parks were started and not enough attention was given to the older parks. He stressed that he was not against the construction of new parks, but he was concerned about the maintenance of the older parks. Councilman Miller indicated that the park in the Sixth District; namely, the Belleville Park, had been requested approximately three and a half years ago while the Southeast Side Park had been requested over five years ago. He felt the Southeast Side Park project was a very worthwhile project. He recommended that a park entry from Michigan Street be obtained with the purchase of the vacant filling station on Ohio Street. He also recommended that the shelterhouse include skating rental facilities onto the tennis or basketball courts. Council President Parent made a motion that the ordinance be recommended favorably to the Common Council, seconded by Councilman Szymkowiak. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $75,000.00 FROM THE COMMUNITY DEVELOPMENT GRANT FUND, FOR VARIOUS PUBLIC PARKS PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC PARKS. 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 indicated that, with the construction o the Belleville Park, the following would be included: four lighted tennis courts, two basketball courts, a volleyball court, drives and walks, trees, shrubs, etc., engineering and miscellaneous and playground equipment. He stated that, during the past year, three ball diamonds and a shelter house had been constructed. He felt, when completed, that the Belleville Park would be one of the city's finest parks. Councilman Kopczynski wondered about the potential use of the park as far as people were concerned Mr. Seitz indicated that there were about 3,000 people in the immediate area who could utilize the park, all ages included. Councilman Kopczynski wondered about the amount of people utilizing the Southeast Side Park. Mr. Seitz reminded Councilman Kopczynski that the Navarre Park was in the area and he felt there might be more children in the southeast side who would not have access to another park. Council President Parent made a motion that the ordinance be recommended favorably to the Common Council, seconded by Councilman Serge. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $150,000.00 FROM THE COMMUNITY DEVELOPMENT GRANT FUND, FOR (continued) REGULAR MEETING JULY 28 COMMITTEE OF THE WHOLE MEETING (CONTINUED) ORDINANCE (CONTINUED) VARIOUS PUBLIC PARKS PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC PARKS. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. James Seitz, Director of the Department of Public Parks, made the presentation for the ordinance. He explained that three contracts would be let for Pier Park which would include: installation of benches and concrete paving for the upper plaza area, a foot bridge to Powerhouse, timber steps and walk, a boardwalk south of the Colfax Bridge, gabion revetment for errosion protection, floating docks, a park sign, a concrete seal wall topsoil and seeding and planting and electrical wiring. He stated that $75,000 was available for reimbursement from the Bureau of Outdoor Recreation on the project. Councilman Nemeth wondered if bicyclists could go through the entire park. Mr. Dan Lawson of Lawson and Associates indicated that the development of the path included consideration for bike traffic and the handicapped. He stated that the bikes would have to be carried about eight steps and a handicapped person would ha` to come down on the other side. Councilman Nemeth referred to the alternate ramp to Colfax. He wondered if this would be constructed. He felt it would be good to have the access. Mr. Lawson indicated that this was the number one priority in the alternates. Councilman Nemeth wondered how many alternates were included. Mr. Lawson indicated that one of the alternates not listed was a walkway on the ground amidst the rock garden rather than a timber walkway at the end of the Bicentennial Park. Councilman Serge made a motion that the ordinance be recommended favorably to the Common Council, seconded by Councilman Kopczynski. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $112,250 FROM THE COMMUNITY DEVELOPMENT GRANT FUND, FOR VARIOUS PUBLIC WORKS PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC WORKS. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Rollin Farrand, Director of the Department of Public Works, made the presentation for the ordinance. He explained that the funding would be used for the curb relocation on the north side of Westmoor from Sheridan to Bendix, reconstruction of the retaining walls for the Walnut Street approaches to the Grand Trunk and Western and the Pen Central tracks, curb and sidewalk at the Bowman Cemetery site, and new curb for two blocks of Huro Street. Councilman Kopczynski wondered about the starting and completion dates for the various projects. Mr. Farrand indicated that the projects would be started almost immediately and hopefully completion would be in fall. Councilman Kopczynski referred to the Maple and Lathrop intersection project. Mr. Farrand indicated that the project was essentially completed. He stated that there were timing problems and change orders which resulted in the delay. Councilman Taylor made a motion that the ordinance be recommended favorably to the Common Council, seconded by Councilman Serge. The motion carried. ORDINANCE AN ORDINANCE TO APPROPRIATE $20,250.00 FROM THE LOCAL ROAD AND STREETS FUND, AND $2,250.00 FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND TO PROJECT R & S 73, RECONSTRUCTION OF THE INTERSECTION OF ELWOOD AVENUE AND PORTAGE AVENUE. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Rollin Farrand, Director of the Department of Public Works, made the presentation for the ordinance. He indicated that the improvements for the intersection provided for increased radii and some widening on Elwood. He indicated that signalization was not included. Councilman Miller wondered how much had been expended on engineer costs to the Murphy Construction Company for the intersection. Mr. Farrand indicated that the intersection was an old design and was not done by Murphy. Councilman Miller wondered how much ha been appropriated to Murphy, at which time, Chairman Newburn asked for a point of order. Councilman Miller made a motion that the ordinance be recommended favorably to the Common Council, seconded by Council President Parent. The motion carried. ORDINANCE AN ORDINANCE TO APPROPRIATE $38,700.00 FROM THE LOCAL ROAD AND STREETS FUND, AND $4,300.00 FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND TO PROJECT R & S 72, CONSTRUCTION OF DONMOYER AVENUE FROM MAIN STREET TO MICHIGAN STREET. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Rollin Farrand, Director of the Department o Public Works, made the presentation for the ordinance. He explained that the ordinance would pro- vide for the extension of Donmoyer Street from its present terminus at Michigan Street westward to Main Street. He stated that traffic restrictions have been placed on Donmoyer to enable its use as a collector street. He felt the connection would provide some relief to businesses fronting on Michigan Street and would reduce the considerable volume of traffic which utilized the alley that lies in the path of the proposed construction. Mr. Frank Slaby, 725 South Dundee, felt this would create a traffic problem onto Michigan Street from Main. He mentioned the school crossing within a few hundred feet. Mr. Farrand indicated that the project did not include traffic lights; howeve he felt they might be warranted and the conduit would be provided in case installation was necessa in the future. Mr. Slaby encouraged a further look at the project. Councilman Taylor wondered if there were school crossing guards at the Monroe School, and Mr. Slaby indicated that there were. Councilman Serge made a motion that the ordinance be recommended favorably to the Common Council, seconded b Councilman Taylor. The motion carried. Y COMMITTEE OF THE WHOLE MEETING (CONTINUED) There being no further business to come before the Committee of the Whole, Councilman Nemeth made a motion to rise and report to the Council and recess, seconded by Councilman Taylor. The motion carried, and the Council recessed at 10:55 p.m. ATTEST: CITY CLERK REGULAR MEETING - RECONVENED =f• T'i�� Be it remembered that the regular meeting of the Common Council of the City of South Bend reconvened in the Council Chambers at 11:25 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 July 14, 1975, regular meeting of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. S/ Roger O. Parent Councilman Kopczynski made a motion that the report be accepted as read and placed on file and the minutes be approved, seconded by Councilman Horvath. The motion carried. REPORT FROM THE COMMITTEE OF THE WHOLE Councilman Newburn made a motion to waive the reading of the report of the Committee of the Whole, seconded by Councilman Horvath. 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 AREA PLAN COMMISSION The Honorable Common Council City of South Bend County -City Building South Bend, Indiana 46601 July 17, 1975 In Re: A proposed ordinance and site development plan of Mill Race, Inc. to zone from "D" Light Industrial, "F" Height and Area, to "A -3" High Density Residential Office and Professional District, property located in the 300 block of East LaSalle Street, City of South Bend. Gentlemen: The attached rezoning petition of Mill Race, Inc., was legally advertised July 5 and July 12, 1975. The Area Plan Commission gave it a public hearing on July 15, 1975, at which time the following action was taken: "upon a motion by Rollin Farrand, seconded by Ted Sharpe and unanimously carried, the amendment for Mill Race, Inc., located in the 300 block of East LaSalle Street, from 200 units to 184 units is approved by the Area Plan Commission. Motion was then made by Joseph Simeri, seconded by Russell Rothermel and unanimously carried that the petition of Mill Race, Inc. to zone from "D" Light Industrial, "F" Height and Area, to "A -3" High Density Residential Office and Professional District, property located in the 300 block of East LaSalle Street, be returned to the Common Council with a favorable recommendation by the Area Plan Commission, subject to a final site plan and subject to approval of a variance by the Board of Zoning Appeals on required parking spaces." The above recommendation is made subject to a final site plan and the preliminary site plan is attached hereto. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in minutes of the public hearing and will be forwarded to you at a later date to be made a part of this report. Attached for your considera- tion in the review of this matter is the Area Plan Commission staff report. RSJ /cm attach. cc: John Wilson Gerald Hickey Charles Boynton Very truly yours, s/ Richard S. Johnson Executive Director Councilman Miller made a motion to set the ordinance referred to in the report for public hearing and second reading on August 11, 1975, seconded by Councilman Kopczynski. The motion carried. REGULAR MEETING JULY 28 1975 REGULAR MEETING - RECONVENED (CONTINUED) ORDINANCES, SECOND READING ORDINANCE NO. 5853 -75 AN ORDINANCE FIXING THE ANNUAL PAY OF POLICEMEN FOR THE CALENDAR YEAR 1976. This ordinance had second reading. Councilman Taylor made a motion to amend the ordinance as amended in the Committee of the Whole, seconded by Councilman Serge. The motion carried. Councilman Taylor 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, Horvath, Nemeth, Newburn and Parent) and one nay (Councilman Kopczynski). ORDINANCE NO. 5854 -75 AN ORDINANCE FIXING THE ANNUAL PAY OF FIREFIGHTERS FOR THE CALENDAR YEAR 1976. This ordinance had second reading. Councilman Taylor made a motion to amend the ordinance as amended in the Committee of the Whole, seconded by Councilman Newburn. The motion carried. Councilman Taylor then made a motion to pass the ordinance, as amended, seconded by Councilman Horvath. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent). ORDINANCE NO. 5855 -75 AN ORDINANCE FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 1976. This ordinance had second reading. Councilman Taylor made a motion to amend the ordinance as amended in the Committee of the Whole, seconded by Councilman Horvath. The motion carried. Councilman Taylor then made a motion to pass the ordinance, as amended, 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. 5856 -75 AN ORDINANCE APPROPRIATING $5,825.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC WORKS PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC WORKS. This ordinance had second reading. Councilman Kopczynski made a motion to pass the ordinance, seconded by Councilman Taylor. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent). ORDINANCE NO. 5857 -75 AN ORDINANCE APPROPRIATING $9,081.00 FROM THE FEDERAL ASSISTANCE GRANT, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC WORKS PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC WORKS. This ordinance had second reading. Councilman Taylor made a motion to amend the ordinance as amended in the Committee of the Whole, seconded by Councilman Horvath. The motion carried. Councilman Taylor then made a motion to pass the ordinance, as amended, seconded by Councilman Kopczynski. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent). ORDINANCE NO. 5858 -75 AN ORDINANCE APPROPRIATING $44,000.00 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 second reading. Councilman Kopczynski made a motion seconded by Councilman Taylor. The ordinance passed by a roll call vote Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Nemeth, Newburn ORDINANCE NO. 5859 -75 AN ORDINANCE APPROPRIATING $93,000.00 FROM THE COMMUNITY DEVELOPMENT GRANT FUND, FOR VARIOUS PUBLIC PARKS PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC PARKS. This ordinance had second reading. Councilman Taylor made a motion seconded by Councilman Kopczynski. The ordinance passed by a roll men Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Nemeth, ORDINANCE NO. 5860 -75 to pass the ordinance, of nine ayes (Councilmen and Parent) . to pass the ordinance, call vote of nine ayes (Counci: Newburn and Parent). AN ORDINANCE APPROPRIATING $75,000.00 FROM THE COMMUNITY DEVELOPMENT GRANT FUND, FOR VARIOUS PUBLIC PARKS PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC PARKS. This ordinance had second reading. Councilman Taylor made a motion to pass the ordinance, seconded by Councilman Kopczynski. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent). REGULAR MEETING JULY 28 1975 REGULAR MEETING - RECONVENED (CONTINUED) ORDINANCE NO. 5861 -75 AN ORDINANCE APPROPRIATING $150,000.00 FROM THE COMMUNITY DEVELOPMENT GRANT FUND, FOR VARIOUS PUBLIC PARKS PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC PARKS. This ordinance had second reading. Councilman Serge made a motion to pass the ordinance, seconded by Councilman Taylor. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent). ORDINANCE NO. 5862 -75 AN ORDINANCE APPROPRIATING $112,250 FROM THE COMMUNITY DEVELOPMENT GRANT FUND, FOR VARIOUS PUBLIC WORKS PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC WORKS. This ordinance had second reading. Councilman Kopczynski made a motion seconded by Councilman Taylor. The ordinance passed by a roll call vote Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Nemeth, Newburn ORDINANCE NO. 5863 -75 AN ORDINANCE TO APPROPRIATE $20,250.00 FROM THE LOCAL ROAD AND STREETS FUND, AND $2,250.00 FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND TO PROJECT R & S 73, RECONSTRUCTION OF THE INTERSECTION OF ELWOOD AVENUE AND PORTAGE AVENUE. to pass the ordinance, of nine ayes (Councilmen and Parent). This ordinance had second reading. Councilman Serge made a motion to pass the ordinance, seconded by Councilman Taylor. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent). ORDINANCE NO. 5864 -75 AN ORDINANCE TO APPROPRIATE $38,700.00 FROM THE LOCAL ROAD AND STREETS FUND, AND $4,300.00 FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND TO PROJECT R & S 72, CONSTRUCTION OF DONMOYER AVENUE FROM MAIN STREET TO MICHIGAN STREET. This ordinance had second reading. Councilman Taylor 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). RESOLUTIONS RESOLUTION NO. 491 -75 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE AWARDING OF ONE CONTRACT IN EXCESS OF $5,000 FOR REHABILITATION WORK IN THE SOUTHEAST NEIGHBORHOOD DEVELOPMENT PROGRAM. WHEREAS, under the 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 one property 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: SECTION I. 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 property: WNK Replat of Wenger's 6th 505 East Broadway $6,494.00 Lot 166 SECTION II. This resolution shall be in full force and effect from and after its adoption by the Common Council and its approval by the Mayor of the City of South Bend, Indiana. s/ Roger 0. Parent Member of the Common Council A public hearing was held at this time on the resolution. Mr. Keith Crighton, Manager of the Bureau of Housing, indicated that the resolution represented the last request for permission to enter into a contract using revenue sharing funds for rehabilitation work in the southeast side. He requested that the resolution be amended to award the contract to Madison Builders, Inc., rather than Ted Combs Decorating and Construction Company. Councilman Miller made a motion to so amend the resolution, seconded by Councilman Taylor. The motion carried. Councilman Miller then made a motion to adopt the resolution, as amended, seconded by Councilman Serge. Councilman Kopczynski indicated that many times the contracts had been let in excess of $5,000. He questione this, wondering why the $5,000 limit had been exceeded. Mr. Crighton stated that there was approximately $6,200 or $6,300 spent in excess of the $5,000 limit for about 66 units. Councilman Miller indicated that the Council had set the contract amount at $5,000 and asked that it approve anything in excess of that. He felt the $5,000 limit tended to hold the price down' Nemeth indicated that the $5,000 figure had been chosen because it was the same figure used in the Model Cities contracts. The resolution was adopted by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent). REGULAR MEETING JULY 28, 1975 REGULAR MEETING - RECONVENED (CONTINUED) ORDINANCES, FIRST READING ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, AND GATES CHEVROLET CORPORATION OF SOUTH BEND, INDIANA, FOR THE PURCHASE OF CERTAIN MOTOR VEHICLES IN THE TOTAL AMOUNT OF $8,725.00. This ordinance had first reading. Councilman Kopczynski made a motion to set the ordinance for public hearing and second reading on August 11, 1975, seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE APPROVING'A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, AND CLOW CORPORATION, SOUTH BEND, INDIANA, FOR THE PURCHASE OF: I. DUCTILE IRON PIPE AND FITTINGS; II. LARGE BUTTERFLY VALVES, 16" AND 20 "; AND DRESSER MANUFACTURING COMPANY, BRADFORD, PENNSYLVANIA, FOR THE PURCHASE OF: I. GATE VALVES - ALL SIZES; II. SMALLER BUTTER - FLY VALVES, 12" OR SMALLER FOR A PERIOD FROM JUNE 1, 1975, TO MAY 31, 1976, IN THE TOTAL AMOUNT OF $260,733.02. This ordinance had first reading. Councilman Taylor made a motion to set the ordinance for public hearing and second reading on August 11, 1975, seconded by Councilman Miller. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $25,000.00 FROM THE COMMUNITY DEVELOPMENT GRANT FUND, FOR VARIOUS PUBLIC WORKS PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC WORKS. This ordinance had first reading. Councilman Kopczynski made a motion to set the ordinance for public hearing and second reading on August 11, 1975, seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE TO APPROPRIATE $31,500.00 FROM THE LOCAL ROAD AND STREETS FUND, AND $3,500.00 FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND TO PROJECT R & S 85, SIGNALIZATION OF FELLOWS STREET AT IRELAND ROAD. This ordinance had first reading. Councilman Kopczynski made a motion to set the ordinance for public hearing and second reading on August 11, 1975, seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE TRANSFERRING THE SUM OF $4,000.00 BETWEEN VARIOUS ACCOUNTS IN THE BUREAU OF BUILDING MAINTENANCE, ALL ACCOUNTS BEING WITHIN THE GENERAL FUND, CITY OF SOUTH BEND, INDIANA. This ordinance had first reading. Councilman Taylor made a motion to set the ordinance for public hearing and second reading on August 11, 1975, seconded by Councilman Kopczynski. The motion carried. ORDINANCE AN ORDINANCE AMENDING CHAPTER 2 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, PERTAINING TO MILEAGE ALLOWANCE FOR USE OF PRIVATE VEHICLES ON CITY BUSINESS. This ordinance had first reading. Councilman Miller made a motion to set the ordinance for public hearing and second reading on August 11, 1975, seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE APPROVING THE EXPENDITURE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR VARIOUS REDEVELOPMENT DEPARTMENT PROGRAMS. This ordinance had first reading. Councilman Taylor made a motion to set the ordinance for public hearing and second reading on August 11, 1975, seconded by Councilman Miller. The motion carried. ORDINANCE AN ORDINANCE APPROVING THE EXPENDITURE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR VARIOUS BUREAU OF HOUSING PROGRAMS. This ordinance had first reading. Councilman Miller made a motion to set the ordinance for public hearing and second reading on August 11, 1975, seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE APPROVING THE ALLOCATION OF FUNDS FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FOR THE ESTABLISHMENT OF AN HISTORIC PRESERVATION REVOLVING FUND TO BE ADMINISTERED BY THE SOUTHOLD HERITAGE FOUNDATION, INC. This ordinance had first reading. Councilman Taylor made a motion to set the ordinance for public hearing and second reading on August 11, 1975, seconded by Councilman Miller. The motion carried. REGULAR MEETING JULY 28 1975 REGULAR MEETING - RECONVENED (CONTINUED) ORDINANCE AN ORDINANCE APPROVING THE EXPENDITURE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO ESTABLISH A GUARANTEED LOAN PROGRAM. This ordinance had first reading. Councilman Serge made a motion to set the ordinance for public hearing and second reading on August 11, 1975, seconded by Councilman Miller. The motion carried. PRIVILEGE OF THE FLOOR Mr. Frank Slaby, 725 South Dundee Street, talked about the overruns for the projects in the southeast side rehabilitation projects. Mr. Keith Crighton, Manager of the Bureau of Housing, indicated that, prior to the contract award, the contract must be reviewed by an attorney. The credit and references are checked out. A performance bond was required on all contracts. He stat( that there were daily inspections where work was being done on the homes. He assured Mr. Slaby that all the work was carefully monitored before payment was made. Mr. Slaby indicated that he had received calls concerning the Third District retention basin and that it was not kept clean. Councilman Miller indicated that he had received numerous requests to have the property mowed and cleaned up. He stated that, hopefully, cleanup would be accomplish within the next two weeks. He indicated that the holdup concerned the negotiations with the owner of the land. He stated that this would be accomplished through the cooperation of the Park Department. Mr. Slaby also wondered if there was a design by Murphy Engineering for the intersection of Portage and Elwood. He was referring to the appropriation approval granted by the Council for improvements at that intersection. Councilman Serge indicated that the project had been under under the past engineer, Mr. Richardson. Mr. Slaby then talked about the number of robberies occurring occasionally in his neighborhood in the 700 block of Dundee. He expressed concern about this problem. Councilman Serge indicated that he had the same problem on O'Brien Street in the 1400 block. He felt the foot patrol program could be utilized in these areas. Councilman Kopczynski questioned whether or not the foot patrol program was actually foot patrol. He indicated that he has asked for foot patrol work and he felt that much of this was being done in the squad cars. He talked about the lock program being used in the southeast side and the crime in his district. He felt it was a disgrace that certain programs were utilized only in certain areas. He felt the programs should be funded on a city -wid basis and not just in one particular neighborhood. He felt a great deal of money was being spent in the southeast side. Mr. Slaby indicated that many people in his area would benefit from the lock program but it was not delineated in that area. He asked that Councilman Kopczynski call the Police Department again and request some assistance for his area. Council President Parent felt the same problems occurred in all parts of the city. He felt one of the solutions was to have a professional police department. Councilman Taylor indicated that he had had two occasions to request assistance regarding the overtime foot patrol and the responses he had received had been excellent. Councilman Szymkowiak talked about the problems in the vicinity of the Frosted Glass Bar and the many times he had tried to resolve them. He felt there were enough officers in the area on foot patrol who could take care of the problem. UNFINISHED BUSINESS Councilman Newburn made a motion filed on April 16, 1975, for the letter received from the attorney Mr. Roger O. Parent President South Bend Common Council 441 County -City Building South Bend, Indiana 46601 Dear Roger: to strike the annexation petition and ordinance of I.P.M., Inc., southwest corner of Ireland and Ironwood Roads, in view of the for the petitioner, as follows: July 7, 1975 Re: Ironwood /Ireland Road Annexation Petition My principals have instructed me to withdraw the zoning and annexation petitions presently before the South Bend Common Council. It is their intention to attempt to rezone the subject property in the County. Please accept this letter as notice of our request that the same be deleted from the Council's agenda. If there are any questions on this matter, please let me know. Sincerely yours, s/ Charles A. Sweeney, Jr. Councilman Horvath seconded the motion. Councilman Miller indicated that he would like to see the property annexed. Council President Parent requested a roll call vote on the motion. The motion lost by a roll call vote of five nays (Councilmen Miller, Kopczynski, Horvath, Nemeth and Newburn) and four ayes (Councilmen Serge, Szymkowiak, Taylor and Parent). Councilman Miller then made a motion to refer the matter back to the Ordinance Committee, seconded by Councilman Horvath. The motion carried. NEW BUSINESS Council President Parent indicated that the Board of Public Works had passed a resolution regarding the sale of city -owned property located at 1219 -1221 South Lafayette, 1601 Longley and 1018 West Jefferson. He stated that, if there was objection to the sale, the Council would have to notify the Board of Public Works. There was no objection on the part of the Council to the sal( of the properties. 282 REGULAR MEETING JULY g8_1_1975 REGULAR MEETING - RECONVENED (CONTINUED) Councilman Serge talked about the danger of bicyclists on Angela Boulevard. He referred to a recent incident when two boys had been sideswiped while riding their bicycles. He hoped that a bicycle path could be made. There being no further business to come before the Council, unfinished or new, Councilman Taylor made a motion to adjourn, seconded by Councilman Nemeth. The motion carried, and the meeting adjourned at 12:08 a.m. ATTEST: APPROVED: ---) CITY CLERK PRES D ++++++++++++++++++++++++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++ ++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++