HomeMy WebLinkAbout10-20-75 Council Meetin MinutesfI++++++++++++++++++++++++++++++....+++++++++++++++++++++ + + + + + + + + 4 + + + + + + + + + + + + + + + + + + + + ++
REGULAR MEETING
OCTOBER 20, 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, October 20, 1975, at 7:03 p.m., Council President Roger 0.
Parent presiding. The meeting was called to order and the Pledge to the Flag was given.
ROLL CALL PRESENT: Councilmen Serge, Szymkowiak,
Miller, Taylor, Kopczynski,
Horvath, Nemeth, Newburn and
Parent.
ABSENT: None.
Councilman Taylor made a motion to resolve into the Committee of the Whole, seconded by Counci
Miller. 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, October 20, 1975, at 7:04 p.m., with nine members present. Chairman Odell
Newburn presided.
ORDINANCE AN ORDINANCE TRANSFERRING THE SUM OF
$2,000.00 BETWEEN VARIOUS ACCOUNTS IN
THE BUREAU OF POLICE, ALL ACCOUNTS BEING
WITHIN THE GENERAL FUND, 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. Police Chief John Walsh made the presentation
for the ordinance. He indicated that the city prisoners have been provided meals out of the
Sheriff's Department, and he had been informed that the county would no longer provide meals for
the city's prisoners. As of October 1, the city has been mandated to provide the meals. Because
of this, a transfer was needed at this time; and the budget for 1976 would not include funds for
this purpose so some arrangements would have to be made in 1976 to cover the cost involved.
REGULAR MEETING OCTOBER 20 197
COMMITTEE OF THE WHOLE MEETING (CONTINUED)
Mr. Gene Evans, Executive Secretary of the Civic Planning Association, wondered about the estimate
of the annual cost of providing meals. Chief Walsh indicated that it would cost approximately
$650 per month. Mr. Evans wondered if the sheriff was asking for retroactive payment, and Chief
Walsh indicated that he apparently was not. Mr. Evans wondered how long the meals had been pro-
vided by the county. Chief Walsh indicated that, as long as he could remember, this practice had
taken place. Mr. Evans wondered if it would be possible to house the prisoners in the county jail
rather than the city jail, thus having the meals paid for by the county. Chief Walsh indicated
that there were problems with housing some of the city prisoners in the county jail concerning the
questioning of the prisoners. He stated that it was an inconvenience.
Councilman Miller wondered how long a prisoner was normally held in the city jail, and Chief Walsh
indicated that a normal stay was a day or two and that the prisoners in the city jail were those
arrested by the city police. He stated that the prisoners are never held longer than a few days.
Councilman Miller indicated that the sheriff received a meal allowance per day to feed the
prisoners. He wondered about this. Chief Walsh indicated that 80� per meal would be charged by
the county for any meals served city prisoners. Councilman Miller wondered if the same legal
requirements would apply in this instance and if the county would have to provide the meals. He
wondered if a state law governed meals for prisoners. He wondered if such a law would apply in
the city's case. He asked that the Legal Department check into the matter to determine if the cit]
could receive an allowance. Mr. Michael Carrington, Director of the Department of Public Safety,
indicated that, if the city housed its own prisoners, it would have to feed them. Councilman
Nemeth wondered when the city had started providing its own meals, and Chief Walsh indicated that
it had started on October lst. Councilman Nemeth wondered if the county would be reducing its
budget accordingly for feeding the prisoners. Chief Walsh indicated that he did not know.
Councilman Nemeth asked Mr. Evans of the Civic Planning Association if he would check on that matte
and Mr. Evans indicated that he would certainly do so. Councilman Kopczynski wondered about the
problems encountered in keeping prisoners in the county jail. Mr. Carrington talked about the
inconvenience of having to question prisoners while being held in the county jail. Chief Walsh
indicated that, also, much needed information was lost by keeping the prisoners in the county jail,
Councilman Kopczynski wondered if this reflected inefficiency on the part of the sheriff in
maintaining the county jail. He wondered about the upsurge in the crime rate and the fact that
the crime rate was continuing to increase. He wondered if all the methods talked about were
helping to decrease crime. Chief Walsh felt the city was much better off with its own facilities,
at which time, Councilman Taylor asked for a point of order. Chairman Newburn indicated that
Councilman Kopczynski was getting off the subject while Councilman Kopczynski maintained that his
questions were relevant to the issue. Council President Parent felt the city should request a
grant for feeding the prisoners as an efficiency measure. He asked the Clerk's Office to remind
him to draft a letter to the County Council President and County Commissioners to that effect.
Councilman Nemeth made a motion that the ordinance be recommended favorably to the Common Council,
seconded by Councilman Taylor. The motion carried, with Councilman Kopczynski opposing.
ORDINANCE AN ORDINANCE APPROPRIATING $7,000.00 FROM
THE FEDERAL ASSISTANCE GRANT COMMONLY
REFERRED TO AS GENERAL REVENUE SHARING,
FOR VARIOUS PARK DEPARTMENT 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. Robert Niezgodski, Assistant Superintendent
of Business for the Park Department, made the presentation for the ordinance. He indicated that
the request for fencing of the softball diamond and tennis courts came at the request of the LaSal:
Neighborhood Association.
Council President Parent wondered if the appropriation was absolutely necessary at this time in
view of the fact that fencing could be done in the spring. Councilman Nemeth wondered why there
was a need for a fence around the softball field. Mr. Niezgodski indicated that there were many
complaints received because of balls going out of the play area. Mr. Buddy Bonds, Supervisor of
Recreation Centers, indicated that the park was used by the neighborhood children and the teams
in the summer softball leagues. Councilman Nemeth wondered how many softball diamonds in the city
did not have fences around them. He wondered about the need for the fences. Mr. Niezgodski
indicated that he was not sure of the exact number but he could provide that information at a
later date. Councilman Serge wondered if the work would be done by the Park Department. Mr.
Niezgodski indicated that the fencing project would be advertised for bids. All other work was
done in- house. Councilman Miller wondered if there were plans to light the diamond, and Mr. Bonds
indicated that that was a possibility in the future. Councilman Szymkowiak wondered if the Park
Department could construct the fence rather than advertising for bids. He felt this would be leas
expensive. Mr. Niezgodski felt the Park Department personnel could do just as good work as any
contractor. He indicated that this would be done if it was determined to be feasible.
Councilman Horvath made a motion to reduce the appropriation to $5,000 to eliminate the fencing
for the softball diamond, seconded by Councilman Nemeth. The motion carried. Councilman Miller
then made a motion that the ordinance be recommended favorably, as amended, to the Common Council,
seconded by Councilman Taylor. The motion carried.
ORDINANCE AN ORDINANCE APPROPRIATING $44,000.00 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 indicated that the appropriation was
needed to purchase gasoline for the remainder of the year. He indicated that another ordinance
would be coming up to appropriate another $6,000 for the Bureau of Solid Waste. He stated that th
budget for 1975 was reduced in this particular category and prices were estimated at that time.
Gasoline had far exceeded any increase that was anticipated at that time. He concluded by stating
that gasoline usage has been at a steady rate and changes were made in the procedures to help
reduce the usage.
REGULAR MEETING OCTOBER 20, 1975
COMMITTEE OF THE WHOLE MEETING (CONTINUED)
Councilman Miller indicated that $170,000 had been budgeted for 1975 with an additional $36,000
from the utility budgets. He stated that $206,000 would be the total. He stated that, with a
43G average price times the 530 gallons, the amount would be $230,000. He felt there might be a
need for an additional $24,000 before the end of the year. Mr. Farrand indicated that Councilman
Miller had not figured diesel fuel in his computation. He stated that, in 1975, the price for
diesel fuel was 34� plus 8� tax. This involved a tax payment to the state. Councilman
Kopczynski wondered about the administration's policy in the purchase of automobiles to reduce the
consumption of gasoline. Mr. Farrand indicated that the administration had tried to purchase
smaller vehicles. Councilman Kopczynski wondered about the last few vehicles purchased, and Mr.
Farrand indicated that the only major purchase of vehicles had been police vehicles. Mr. Michael
Vance, Chief Deputy Controller, indicated that the police vehicles were four -door sedans with V -8
automatic engines with no air - conditioning. Councilman Kopczynski wondered about the purchase of
automobiles for department heads. Mr. Vance indicated that a Chevrolet Nova, six - cylinder,
automatic had been purchased for the Human Rights Commission. Councilman Kopczynski wondered if
any larger vehicles had been purchased recently. Mr. Vance indicated that the Substandard
Department had purchased a Chevrolet Nova with a small V -8 engine. Councilman Kopczynski wondered
if any Vegas or Pintos had been purchased, and Mr. Vance indicated that a couple of these vehicles
were leased through the Manpower Program but had not been purchased. Councilman Kopczynski felt
there was no policy on the purchase of smaller cars, and Mr. Farrand disagreed, indicating that
he felt economy vehicles had been purchased and a policy was followed.
Councilman Serge made a motion that the ordinance be recommended favorably to the Common Council,
seconded by Councilman Szymkowiak. The motion carried.
ORDINANCE AN ORDINANCE APPROPRIATING $25,000.00 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. Mr. Michael Carrington, Director of the
Department of Public Safety, made the presentation for the ordinance. He indicated that this
request would continue to fund the overtime foot patrol program for 1975, for a total of $90,000.
He indicated that the amount of $90,000 had been allocated in the 1976 budget so revenue sharing
funds would no longer be used.
Councilman Miller indicated that the Council had requested that quarterly reports be made on the
statistics of the program. He asked that this information be furnished to the Council. Mr.
Carrington indicated that the value of the program could not be proven in a statistical manner.
He stated that the program would not show a large number of arrests because the program was being
utilized to deter crime. Councilman Miller indicated that, in the past, quarterly reports had
been furnished the Council for the areas in which the patrol had been utilized. He felt it was
beneficial for the Council to monitor the program. He wondered if the money was totally being
used for the program, and Mr. Carrington indicated that it was. Councilman Miller felt there was
no question that the overtime foot patrol program had been valuable. He wondered if perhaps more
of the policemen should be used in the future. Mr. Carrington talked about the value of the pro-
gram to the city and its flexibility. Councilman Serge indicated that he was pleased with the
program and the men were moved from one area to another area when it was warranted. He felt con-
tact with the officers walking the beat and the residents in an area was important. Mr. Carringt
indicated that the men were encouraged to do that. Council President Parent felt the way the pro
gram was being utilized was the correct way.
Council President Parent made a motion that the ordinance be recommended favorably to the Common
Council, seconded by Councilman Serge. Councilman Szymkowiak indicated that he agreed with
Councilman Serge that the officers should make contact with the residents. He felt officers
familiar with a certain area should be put into that area on the foot patrol. Mr. Carrington
indicated that, whenever possible, officers familiar with a certain area were assigned to that
area. He personally knew of some officers living and working in the same area. Councilman
Kopczynski referred to an incident where a burglary was in process and had been reported. Some
officers familiar with the area but not called responded within three minutes, yet the beat car
took twenty minutes. He did not feel the city was using its men to the fullest extent. He felt
it was unfortunate that revenue sharing funds were still used because he felt there was no progres
in that direction. Councilman Horvath felt the foot patrol program was a definite deterrent to
crime. He talked about the problem of some officers riding in cars during inclement weather. He
hoped this would not occur again and that the foot patrol program would be just that - -foot patrol.
The motion carried, with Councilman Kopczynski opposing.
ORDINANCE AN ORDINANCE APPROPRIATING $5,000.00 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. Mr. Cappy Gagnon, 2901 Miami, Director of the
Youth Services Bureau, made the presentation for the ordinance. He stated that, at the beginning
of 1975, $26,000 had been requested to supplement the federal money received. Additional federal
money had been anticipated during 1975; however, he felt the department would;'be short approxi-
mately $5,000. He indicated that, in the 1976 budget, $46,000 was allocated. He indicated that
he had hoped to avoid coming back to the Council; however, the department was about $5,000 short
for 1975. He felt the bureau had done a good job in maintaining its services and he felt this
would be the last request for appropriations from the Council.
Councilman Serge wondered if any thought had been given to make the Youth Services Bureau self -
supporting. Mr. Gagnon indicated that the only way to do this would be to charge a fee, and he
felt this would not be feasible in rendering services. Councilman Serge asked about the age limit
involved in the program. Mr. Gagnon indicated that 90% of those involved were between the ages o:
REGULAR MEETING OCTOBER 20, 1975
COMMITTEE OF THE WHOLE MEETING (CONTINUED)
nine and fifteen, with the average age around twelve to thirteen. Councilman Serge indicated that
his group was self- supporting, and he wanted to see this type of program on a city -wide basis.
Mr. Gagnon agreed, indicating that he supported this concept; however, there were just not enough
citizens interested who had the time to get involved in such a program. He talked about the
employment program which involved youth sixteen years and older.
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 $4,000.00 FROM
THE FEDERAL ASSISTANCE GRANT COMMONLY
REFERRED TO AS GENERAL REVENUE SHARING, FOR
VARIOUS MERIT STUDY COMMISSION FUNCTIONS,
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. Mr. Michael Carrington, Director of the
Department of Public Safety and Chairman of the Merit Plan Study Commission, made the presentation
for the ordinance. He stated that the commission had been established by Council ordinance. He
talked about the testing and evaluation program which was mandated by that ordinance. He stated
that the Merit Plan Study Commission was directed to devise the tests to be utilized and that a
grant had been received in the amount of $16,000 for that purpose. By 1976, all procedures would
be developed and the sum of $4,000 was needed to accomplish this. He talked about the study
material which must be supplied to the officers and the cost involved in this. He indicated that
the Merit Plan Study Commission was comprised of three members appointed by the Council, three by
the Mayor and three by the Bureau of Police.
Councilman Kopczynski wondered what provision was being made by the commission to put the police-
men on an equitable basis for promotion. Mr. Carrington indicated that that was the intent of
the ordinance. Councilman Kopczynski indicated that there have been officers, particularly in the
last 12 years, who have never been given the opportunity to receive special training. He stated
that these officers would automatically be at a disadvantage. Mr. Carrington indicated that 40%
of the total score on the testing would come from performance evaluation; 20% from police
knowledge; 20% for situational testing; and 20% for oral interviewing. Councilman Kopczynski
wondered if the commission would stay with the spirit of the ordinance, and Mr. Carrington stated
that he felt the commission was operating in a non - partisan and objective manner; however, he
indicated that there were no guaranties. Councilman Taylor referred to Councilman Kopczynski's
remark and concluded that he had been indicating the very thing that the commission was attempting
to end - -the spoils system. Councilman Kopczynski felt some of the abuses during the last 12 years
would be locked in.
Councilman Nemeth made a motion that the ordinance be recommended favorably to the Common Council,
seconded by Council President Parent. The motion carried, with Councilman Kopczynski opposing.
ORDINANCE AN ORDINANCE APPROPRIATING THE SUM OF
$115,000 FROM THE FEDERAL ASSISTANCE GRANT
FUND TO ACCOUNT NO. 260.1, "ARCHITECT AND
CONSTRUCTION MANAGEMENT FEES AND EXPENSES ",
AN ACCOUNT WITHIN THE FEDERAL ASSISTANCE
PROGRAM F.A.75, "CIVIC CENTER CONSTRUCTION ",
TO BE ADMINISTERED BY THE DEPARTMENT OF
PUBLIC WORKS 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. Mr. Rollin Farrand, Director of the Department
of Public Works, made the presentation for the ordinance. He stated that he felt this particular
program had been well explained many times in the past. He referred to the letter of October 1,
which indicated that the sum of $115,000 would be the last request for 1975 from revenue sharing
funds and would be used for architect and construction management fees. He stated that the out-
standing balance of $315,671 of the Council's original $2,000,000 commitment had been included in
the 1976 budget.
Mrs. Janet Allen, 125 West Marion, indicated that every item on the agenda for this particular
meeting had been funded by revenue sharing. She wondered what would happen when the funds were no
longer available. She wondered if this particular item could be postponed so that the revenue
sharing funds could be used for something which was needed at this time. Chairman Newburn stated
that the Council was well aware of the fact that revenue sharing funds would not be available in
the future. Mr. Farrand indicated that the Civic Center project was not an on -going program.
Councilman Nemeth wondered how much money would be left in 1975 revenue sharing after the passage
of this particular ordinance. Mr. Michael Vance, Chief Deputy Controller, indicated that there
would be a balance of $300,000. He stated that everything for 1976 had been committed. Councilmal
Nemeth wondered when the last payment would be received, and Mr. Vance stated that October of 19761
would be the last payment received by the city under revenue sharing.
Council President Parent made a motion that the ordinance be recommended favorably to the Common
Council, seconded by Councilman Serge. The motion carried.
There being no further business to come before the Committee of the Whole, Councilman Kopczynski
made a motion to rise and report to the Council, seconded by Councilman Taylor. The motion
carried.
ATTEST: n ATT
CITY CLERK CH9I1ZXW( -- " L '� — I
REGULAR MEETING OCTOBER 20 1975
REGULAR MEETING - CONVENED
Be it remembered that the regular meeting of the Common Council of the City of South Bend
reconvened in the Council Chambers at 8:20 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 October 6, 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 Szymkowiak made a motion that the report be accepted as read, placed on file and the
minutes approved, seconded by Councilman Taylor. 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 DIRECTOR OF THE DEPARTMENT OF LAW
Council President Parent indicated that Mr. James Roemer, Director of the Department of Law, had
submitted to the Council a written report. Mr. Art Perry, Deputy City Attorney, indicated that
Mr. Roemer had had another engagement and could not attend the Council meeting and that he would
answer any questions the Council members had. Councilman Kopczynski referred to the duties of
William Stanley and the number of zoning and building code violations. He wondered how many cases
had actually gone to court during the last four years. Mr. Perry indicated that he was not
assigned to that specific area, but he would refer Councilman Kopczynski's question to Mr. Roemer
for an answer. Councilman Kopczynski directed the City Clerk to write to Mr. Roemer concerning
his question. Councilman Serge talked about enforcement of the "Harter Heights" ordinance which
redefined family. He indicated that there were problems with enforcement. Mr. Perry indicated
that he would likewise refer Councilman Serge's complaint to the appropriate deputy attorney. Mr.
Rollin Farrand, Director of the Department of Public Works, indicated that he had been working on
this particular matter and the Legal Department had been requested to provide some guidance. He
indicated that Mr. Stanley was preparing a procedure in that regard. Councilman Kopczynski
wondered if Mr. Roemer and the entire staff were still on the payroll as funded by the Council,
and Mr. Perry indicated that the department was functioning as budgeted.
PETITION TO AMEND ZONING ORDINANCE (2515 East Jefferson Boulevard)
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 South Bend, Indiana (Ordinance No. 4990 -68), as hereinafter requested, and in
support of this application, the following facts are shown:
1. The property sought to be rezoned is located at 2515 East Jefferson
Boulevard, South Bend, Indiana 46615.
2. The property is owned by The South Bend Osteopathic Hospital, Inc.
3. A legal description of the property is as follows:
Lots 3, 4, 5, 6, 7 and 8 as shown on the recorded Plat of Tuxedo
Park First Addition to South Bend, St. Joseph County, Indiana,
together with the strip of land 35 feet in width, more or less,
running along the entire East side of said Lot 8 from the North
line of Jefferson Boulevard North to the South line of Marshall
Street, being the same and identical strip of land which was
formerly known as 26th Street and which was heretofore vacated
as a public street, by action of the Board of Public Works and
Safety under Vacation Resolution Number 2824, in St. Joseph
County, Indiana.
4. It is desired and requested that the foregoing property be rezoned from
"A Residence" use and "A" Height and Area District, to "B Residence" use and "A"
Height and Area District.
5. It is proposed that the property will be put to the following use and
the following building(s) will be constructed: Additions and alterations to The
South Bend Osteopathic Hospital, Inc., to include two, 2 -story and one 3 -story
additions and one 2 -story west wing addition. (Alternate to 3 -story addition is
5 -story elevator tower).
6. Number of off - street parking spaces to be provided: 232 parking, l loading.
7. Attached is a copy of (a) an existing plot plan showing my property and
other surrounding properties; (b) names and addresses of all the individuals, firms
or corporations owning property within 300 feet of the property sought to be rezoned;
and (c) site development plan.
THE SOUTH BEND OSTEOPATHIC HOSPITAL, INC.
Petition Prepared By: By s/ Walter W. Landis, Chairman, D.O.
William N. Farabaugh 1605 North Ironwood Drive
REGULAR MEETING OCTOBER 20, 1975
REGULAR MEETING - RECONVENED (CONTINUED)
Council President Parent indicated that action on the petition would be taken when the ordinance
pertaining to it had first reading.
ORDINANCES, SECOND READING
ORDINANCE NO. 5898 -75
AN ORDINANCE TRANSFERRING THE SUM OF
$2,000.00 BETWEEN VARIOUS ACCOUNTS IN THE
BUREAU OF POLICE, ALL ACCOUNTS BEING WITHIN
THE GENERAL FUND, CITY OF SOUTH BEND,
INDIANA.
This ordinance had second reading. Councilman Miller made a motion to pass the ordinance, second
by Councilman Newburn. 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. 5899 -75 AN ORDINANCE APPROPRIATING $7,000.00 FROM
THE FEDERAL ASSISTANCE GRANT COMMONLY
REFERRED TO AS GENERAL REVENUE SHARING,
FOR VARIOUS PARK DEPARTMENT 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 amend the ordinance as
amended in the Committee of the Whole, seconded by Councilman Newburn. The motion carried.
Councilman Serge then made a motion to pass the ordinance, as amended, seconded by Councilman
Miller. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak,
Miller, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent).
ORDINANCE NO. 5900 -75
AN ORDINANCE APPROPRIATING $44,000.00 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 Szymkowiak made a motion to pass the ordinance,
seconded by Councilman Newburn. The ordinance passed by a roll call vote of nine ayes (Councilmen
Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent).
ORDINANCE NO. 5901 -75 AN ORDINANCE APPROPRIATING $25,000.00 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 Horvath made a motion to pass the ordinance,
seconded by Councilman Serge. The ordinance passed by a roll call vote of eight ayes (Councilmen
Serge, Szymkowiak, Miller, Taylor, Horvath, Nemeth, Newburn and Parent) and one nay (Councilman
Kopczynski).
ORDINANCE NO. 5902 -75 AN ORDINANCE APPROPRIATING $5,000.00 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 Taylor made a motion to pass the ordinance,
seconded by Councilman Horvath. The ordinance passed by a roll call vote of nine ayes (Councilmen
Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Nemeth, Newburn and Parent).
ORDINANCE NO. 5903 -75 AN ORDINANCE APPROPRIATING $4,000.00 FROM
THE FEDERAL ASSISTANCE GRANT COMMONLY
REFERRED TO AS GENERAL REVENUE SHARING,
FOR VARIOUS MERIT STUDY COMMISSION FUNCTIONS,
TO BE ADMINISTERED BY THE CITY OF SOUTH
BEND THROUGH ITS DEPARTMENT OF PUBLIC
SAFETY.
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 six ayes (Councilmen
Serge, Miller, Taylor, Nemeth, Newburn and Parent) and three nays (Councilmen Szymkowiak,
Kopczynski and Horvath).
ORDINANCE NO. 5904 -75
AN ORDINANCE APPROPRIATING THE SUM OF
$115,000 FROM THE FEDERAL ASSISTANCE GRANT
FUND TO ACCOUNT NO. 260.1, "ARCHITECT AND
CONSTRUCTION MANAGEMENT FEES AND EXPENSES ",
AN ACCOUNT WITHIN THE FEDERAL ASSISTANCE
PROGRAM F.A. 75, "CIVIC CENTER CONSTRUCTION ",
TO BE ADMINISTERED BY THE DEPARTMENT OF
PUBLIC WORKS OF THE CITY OF SOUTH BEND,
INDIANA.
This ordinance had second reading. Councilman Miller 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).
REGULAR MEETING OCTOBER 20, 1975
REGULAR MEETING - RECONVENED (CONTINUED)
RESOLUTIONS
RESOLUTION A RESOLUTION OF THE COMMON COUNCIL URGING
THE SOUTH BEND PUBLIC TRANSPORTATION
CORPORATION TO IMPLEMENT A FOUR -MONTH
EXPERIMENTAL SHOPPERS' SHUTTLE BUS.
A public hearing was held at this time on the resolution. Council Vice - President Robert G. Taylo3
chaired this portion of the meeting as Council President Parent made the presentation for the
resolution. He talked about the many problems encountered in attracting shoppers to the downtown
district. He felt something should be done now, and he was proposing a shuttle bus to the downtov
area from the Scottsdale Mall. He felt the proposal of using the buses on a more expanded method
was necessary. He indicated that the program was a trial program and would cost approximately
$2,000 per month. He stated that he had talked with members of the Public Transportation
Corporation, and the corporation had indicated that it wished to present a counter proposal. He
stated that he would be willing to amend his proposal in accordance with the proposal submitted b5
the bus company. Mr. Stephen Lobdell, Chairman of the Public Transportation Corporation Board of
Directors, indicated that the corporation had held a meeting this date concerning the Parent pro-
posal. He asked Mr. Michael Setzer, Manager of the corporation, to explain the proposal to the
Council members. Mr. Setzer indicated that the corporation wished to propose an experimental
venture which would entail a shuttle between residential areas and downtown South Bend on a
rotating schedule. Every Monday, hourly service would be provided for a specific area to downtown
and so on. Each day of the week, another area of the city would be serviced. He asked that the
experiment be conducted during the Christmas shopping period starting after Thanksgiving. The
proposal would be utilized only for a short period because of the limited amount of funds
available. He suggested using a specifically - painted vehicle, and that no fare be charged during
the experimental period. The downtown area would participate by providing the necessary adver-
tising. The approximate cost would be $4,000 and half of that cost would probably be promotional
expenses. The Downtown Council had indicated a strong interest in the proposal, according to Mr.
Setzer. Councilman Taylor wondered if the Public Transportation Corporation's proposal was in
addition to the proposal of Council President Parent. He wondered where the $4,000 would come
from. Mr. Setzer indicated that the proposal of the PTC was an alternate to the Parent proposal.
Regarding the expense, the amount of $4,000 was an estimate and approximately $2,000 would be
required to prepare a special bus and to meet the ordinary expenses of operating the bus. He
stated that the remainder would be spent on advertising. He indicated that the PTC would provide
the vehicle and maintain it if the Downtown Council would fund the promotional effort. Mr. Felix
A. Stech, 1306 North Kaley, indicated that the city was short $450,000 on the municipal garages.
He felt everything should be done to take care of that shortage. He asked that the Council
consider providing some free parking in the downtown area for a few hours on Monday evenings and
Saturdays in an effort to encourage people to shop downtown. Mr. Frank Nemeth, 1809 Hass Drive,
wondered if there would be any cost to the city for the program. He felt the proposal of the PTC
was a good one in that it would not cost the city any money. He wondered where the centrally -
located areas for the shuttle would be. Mr. Setzer indicated that precise routes and schedules
had not been prepared as yet. Mr. Nemeth felt the PTC proposal was a better solution to the
problem than the Parent proposal. He wondered if the Christmas shopping period should be the
right time to experiment. Mrs. Darlene Scherer, 506 South Twyckenham, Vice - President of the
League of Women Voters, indicated that, during the past year, the league had endorsed shuttle bus
service. She stated that the league favored experimenting with shuttle service between the
various shopping areas, in addition to the shuttle to the neighborhoods. She stated that the
league favored funding the program through revenue sharing funds, if necessary. Mrs. Scherer
talked about the need of adequate publicity and indicated that the league would help in that
respect.
Council President Parent commended the PTC for its proposal. He indicated that he would agree to
amending his proposal to incorporate the proposal of the PTC. He made a motion to amend the
resolution as follows:
The 2nd WHEREAS clause to read as follows:
WHEREAS, the linking and unifying of residential areas with the shopping
areas through low -cost bus service may lead to greater overall sales for all
South Bend metropolitan area merchants; and
The 3rd WHEREAS clause to read as follows:
WHEREAS, inexpensive express shuttle bus transportation would be an important
service to shoppers; and
The 4th WHEREAS clause to read as follows:
WHEREAS, an experimental program would be within the South Bend Public
Transportation Corporation's tight budget; and
The THEREFORE clause to read as follows:
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend,
Indiana, that a Shoppers' Shuttle Bus as outlined below be instituted by the South
Bend Public Transportation Corporation for a trial period to begin as soon as
possible.
Section 1 to read as follows:
SUMMARY OF THE SHOPPERS' SHUTTLE BUS. Initially, a shuttle bus service would
be provided between the River Bend Plaza and the major residential and shopping
areas of the South Bend metropolitan areas. Five major areas of the city would be
served by a shuttle bus one day per week, with the Saturday bus duplicating one of
the routes done earlier in the week.
REGULAR MEETING OCTOBER 20, 1975
REGULAR MEETING - RECONVENED (CONTINUED)
The low -cost bus service trial program would be provided for at least two
months, charging no more than ten cents for a round trip. An added benefit would
be that pedestrians could utilize the shuttle bus for transportation between the two
ends of the River Bend Plaza on a daily basis.
Delete Sections 3 and 4 and renumber Sections 5 and 6 accordingly.
Councilman Serge seconded the motion to amend. Councilman Miller indicated that the entire
resolution had been re- written according to the amendments made. He wondered if this constituted
a substituted resolution, and he wondered about changing the wording and intent of the resolution
without advertising. Council President Parent felt the amendments were legal as made and there
would be no problems in amending the resolution. Councilman Miller felt the issue was "obviously
a political one ". He stated that he was personally offended that the Council was being used for
that purpose. He indicated that he did not disagree with the amendments or better bus service at
a lower rate; however, he would not support this type of resolution at this time. Councilman
Kopczynski indicated that the Council had funded a considerable amount of money for the PTC some
time ago. He indicated that a questionnaire had been submitted to the citizens as a result of
this funding and a survey was supposed to be taken regarding bus transportation in the city. He
wondered about the results of that survey. Mr. Setzer indicated that the study was largely funded
by the Michiana Area Council of Governments, and about 600 responses had been received and were
still coming in. He stated that nothing had been analyzed and cataloged as yet. Councilman
Kopczynski asked about the rate of responses, and Mr. Setzer indicated that yesterday, about 30
replies had come in. Councilman Kopczynski wondered when the replies would no longer be accepted,
and Mr. Setzer indicated that, at the regular meeting in November of the PTC, a recommendation
would be submitted. Councilman Kopczynski felt the study would show whether or not the shoppers
were asking for this type of service. He felt the results of the study should be made known befor,
any proposals were implemented. Mr. Setzer indicated that the proposal was offered as a promotion
effort in order to get new people to ride the buses into downtown. Councilman Kopczynski wondered
if anyone had checked to determine where cars would be parked. He wondered about the routes to be
taken. Mr. Setzer indicated again that specific routes had not been outlined as yet. Councilman
Kopczynski felt the Council should not vote on something that was not outlined. Council President
Parent stated that the proposal would not commit the Council to any expenditure. He felt that
some people would be willing to delay anything, and he felt the proposal was devoid of politics.
He felt the charges made were political, and he reminded the Council that nothing else had been
submitted as a proposal as yet. Councilman Horvath felt the charges of playing politics was a
"low blow ". He stated that the merchants had been trying to revitalize downtown South Bend, and
the resolution might not be the answer, but at least something was being proposed. He recommended
that the Council refer the Parent resolution to committee and implement the PTC proposal, hopefull,
to start by November 15th and then perhaps try again in late January. Council President Parent
felt the objective he was working for had been attained no matter what the Council wished to do
with the resolution now. Councilman Nemeth felt Council President Parent should be commended
because, with the submission of his proposal, the PTC had come forward with another proposal. He
also commended the bus company for responding. Councilman Szymkowiak talked about the needs of
the citizens in riding the buses to and from the downtown area. He felt such a proposal would be
of benefit to the downtown area and the shoppers. He felt any proposal should be made convenient
for the shoppers and perhaps, during the slow hours of each day, the rate should be reduced to
15�. Councilman Newburn wondered if the American Motors buses would be utilized, and Mr. Setzer
indicated that one of the older buses would be put into operation as a shuttle bus.
Councilman Horvath made a motion to refer the resolution to the Public Works Committee, seconded
by Councilman Kopczynski. The motion carried, with Council President Parent opposing. Councilman
Taylor indicated that there was a motion on the floor to amend the resolution, and he asked for a
roll call vote on that amendment. Councilman Miller indicated that the motion to refer the resolu.
tion to committee would take precedence over the amendment.
RESOLUTION A RESOLUTION OF THE COMMON COUNCIL URGING
THE BOARD OF PUBLIC WORKS TO PROVIDE FREE
PARKING IN THE MUNICIPAL GARAGES ON MONDAY
EVENINGS AND SATURDAYS, TO EXTEND THE GREEN
CURB PARKING PRIVILEGES AND TO ADJUST THE
PARKING METERS.
A public hearing was held at this time on the resolution. Council President Parent indicated that
this proposal would allow for free parking on Monday evenings and Saturdays in the municipal
garages; extend the green curb area downtown and adjust the meters to allow the user to take
advantage of unused time on the meter plus purchased time. He indicated that he would be willing
to have the public hearing on the resolution continued to the same meeting as the ordinance on the
agenda for first reading pertaining to the parking meters. Councilman Miller felt the public
hearing on the resolution should be held at this time in order to allow the citizens to speak.
Councilman Taylor asked if anyone in the audience wished to make any remarks. There appeared to
be no one who wished to speak; therefore, Councilman Horvath made a motion to continue the
resolution to the November 10th regular meeting, seconded by Councilman Kopczynski. Council
President Parent indicated that, to provide free parking in the municipal parking garages, it
would cost approximately $2,400 for 16 weeks. He stated that the Mayor had agreed to make whateve
transfers of funds necessary before the end of the year to accommodate the program. He stated
that he had studied the bond ordinance and, if the payments were made on time, the bondholders
were not too concerned where the money would come from. He indicated that this proposal would
only be tried for a trial period.
Mrs. Marian Waggoner, 52876 Timberland Drive, commended Council President Parent for at least
starting to move on the downtown issue. She indicated that the program was experimental and it
could be re- assessed. She expressed support of the proposal. She wondered about the adjustment
of the parking meters, and Council President Parent indicated that it was not known exactly where
the adjustable meters were located at this time. Mr. Robert Blakeney, 6140 Miami, Chairman of the
Parking Committee for the Downtown Council, urged passage of the resolution because of the concern
for the downtown area. Mrs. Janet Allen, 125 West Marion, urged strong consideration to the
suggestion of adjusting the meters. Mr. Frank Nemeth, 1809 Hass Drive, wondered if the meter
maids were involved, and Council President Parent indicated that the resolution focused only on
the parking garages, and the ordinance having first reading dealt with that issue. Mr. Nemeth
REGULAR MEETING OCTOBER 20, 1975
REGULAR MEETING - RECONVENED (CONTINUED)
indicated that he wanted to see the downtown area revitalized but not at the expense of the tax-
payers. He felt the South Bend businessmen were interested in the project. Mr. Herb Getzinger,
President of the Downtown Council, residing at 2741 Portland Lane, expressed support of the
resolution. He indicated that the Downtown Council was interested in the downtown business
community and recommended that the Common Council support the proposal. Mr. Gene Evans, Executive
Secretary of the Civic Planning Association, indicated that the association was concerned about
the downtown area and urged that something be done. He indicated that the association had agreed
to provide some personnel to join in an effort to find solutions to the problems. He referred to
the sentence in the resolution which stated: "Since the amount requested is low, the cost could
be realized through savings in existing city programs." He wondered if there really was an
existing savings available. He asked for an explanation for the shortage in the payments for the
parking meter bonds. Mr. James Barcome, City Controller, indicated that, regarding the Sinking
Fund, the city was obligated to put so much money into that fund. The city was in arrears through
a technical default, according to Mr. Barcome. He indicated that the bondholders were aware of
the situation. He stated that approximately $15,000 was put into the fund to start it. He
stated that there was a delay concerning revenues to that fund and, in 1972, the city was merely
trying to make the payments. He indicated that some possibilities for re- financing the garages
had been discussed. He also indicated that there would be an estimated deficit of $10,000 in the
garages this year. With more money coming out of the garage revenues, there would be less money
to meet the payments, and he felt the city could not handle this. Mr. Evans expressed concern
over the deficit and also concern for the downtown area. Councilman Horvath indicated that, in
view of the fact that part of the resolution had been implemented already and another part of it
pertained to the ordinance having first reading, he felt the resolution should be continued to
the November 10th meeting along with the ordinance. He made such a motion, seconded by Councilman
Serge. It was indicated that such a motion was already on the floor. Councilman Kopczynski
indicated that many businesses supply free parking to its customers. He indicated that much open
land has been provided for parking. He wondered if the merchants had tried to be in competition
with the outlying areas by providing competitive parking. He felt the downtown merchants had not
taken any steps to provide free parking for its customers. He felt there were other ways of doing
things besides coming to the Council for money. He also felt the consequences of the proposals
should be considered seriously before action was taken. He indicated that revenue sharing funds
were coming to an end and those funds could no longer be used to "catch up ". He wanted to hear
personally from the Downtown Council on what it was proposing. Mr. Blakeney indicated that many
businesses were trying to help in the parking area. He indicated that several suggestions had
been made; however, nothing definite had been decided upon. He felt the "little things" were
needed to show people that there was still hope for the downtown area. Councilman Kopczynski
asked for a figure on how many parking places would really be needed to make the downtown area a
viable shopping center. He felt downtown was not being competitive and that was the real problem.
Councilman Serge wondered where the amount of $2,400 to provide free parking in the garages would
come from. Mr. Barcome indicated that he doubted if the funds would be available. Councilman
Miller wondered if the State Board of Accounts would allow a transfer of the general funds into
the Parking Meter Fund. He stated that he understood that the garages could not be subsidized
directly, and Mr. Barcome indicated that Councilman Miller was correct. He felt there would be
no money available to transfer. Councilman Miller indicated that, several weeks ago, he had made
a proposal to the Board of Public Works regarding parking, and his plan had been implemented. He
felt this was the proper way to handle the situation. He felt there were many other things that
the city could do to help the parking situation. He approved wholeheartedly the proposal of the
Mayor to provide free parking on Michigan Street. He indicated that he was totally against the
resolution because he did not feel it was the proper way to proceed. Council President Parent
indicated that he had spent considerable time studying the issues. He wondered if the proposals
would be affordable, and the only way to determine that would be to implement the program on a
trial basis. He felt the resolution would not affect the legality of the bonds if the payments
were made at the proper time. He indicated that a little less than $3,000 would be lost in
implementing the proposals. He felt the questions were answered, everything was legal and the
money was available. He urged that the motion to continue the resolution be rescinded and the
resolution adopted. There was a call for the question. Councilman Taylor requested a roll call
vote on the motion to continue the resolution to the November 10th meeting. The motion carried b
a roll call vote of six ayes (Councilmen Szymkowiak, Miller, Taylor, Kopczynski, Horvath and
Nemeth), two nays (Councilmen Serge and Parent) and one abstention (Councilman Newburn).
Councilman Kopczynski made a motion to recess, seconded by Councilman Horvath. The motion
carried, and the Council recessed at 9:55 p.m. Reconvened at 10:07 p.m.
RESOLUTION NO. 496 -75 A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, APPROVING
THE AWARDING OF FOUR CONTRACTS IN EXCESS
OF $5,000 FOR REHABILITATION WORK IN THE
COMMUNITY DEVELOPMENT PROGRAM.
WHEREAS, under the provisions of Ordinance No. 5872 -75, passed by the South
Bend Common Council on August 11, 1975, all contracts in the Community Development
Housing Program in excess of $5,000 must be approved by the Common Council; and
WHEREAS, low bids for four properties to be rehabilitated under the Community
Development Housing Program have exceeded $5,000.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend,
Indiana:
1. That approval be granted to the Redevelopment Commission of the City of
South Bend, Indiana, to enter into a contract with Bailey Electric Company for the
rehabilitation of the following properties:
208 Wenger Krieghbaum
Wenger's 6th Addn.
Lot 17 H. Studebaker's
1st Addn.
Lot 53 H. Studebaker's
1st Addn.
526 E. Broadway St. $7,789.00
630 E. Indiana Ave. $5,718.00
503 E. Dubail St. $5,584.00
REGULAR MEETING OCTOBER 20 1975
REGULAR MEETING - RECONVENED (CONTINUED)
RESOLUTION NO. 496 -75 (CONTINUED)
2. That approval be granted to the Redevelopment Commission of the City of
South Bend, Indiana, to enter into a contract with Slatile Roofing and Sheet Metal, Inc.
for the rehabilitation of the following property:
Lot 88 Wenger's 615 E. Keasey St. $6,930.00
4th Addn.
3. That 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 O. 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, stated that, on August 11, 1975, an ordinance had been passed by the Council
which provided that all contracts in the Community Development Housing Program in excess of $5,000
must be approved by the Council. He indicated that, at this time, approval was being requested
for the properties located at 526 East Broadway, 630 East Indiana, and 503 East Dubail, to be
rehabilitated by Bailey Electric Company;.and for property located at 615 East Keasey, to be
rehabilitated by Slatile Roofing and Sheet Metal. He requested that the Council amend the amount
of $7,573 for the property at 526 East Broadway to $7,789. Councilman Nemeth made a motion to so
amend the resolution, seconded by Councilman Newburn. The motion carried. Councilman Miller then
made a motion to adopt the resolution, as amended, seconded by Councilman Nemeth. The resolution
was adopted by a roll call vote of eight ayes (Councilmen Serge, Szymkowiak, Miller, Taylor,
Horvath, Nemeth, Newburn and Parent) and one abstention (Councilman Kopczynski). Councilman
Kopczynski indicated that he had not voted for the funds in the beginning and for that reason, he
was abstaining.
ORDINANCES, FIRST READING
ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING
ORDINANCE NO. 4990 -68, CHAPTER 21 OF THE
MUNICIPAL CODE OF THE CITY OF SOUTH BEND,
INDIANA, FORMERLY REFERRED TO AS ZONING
ORDINANCE NO. 3702 (2515 East Jefferson
Boulevard).
This ordinance had first reading. Councilman Miller made a motion to refer the ordinance, along
with the petition, to the Area Plan Commission, seconded by Councilman Taylor. The motion
carried.
ORDINANCE NO. 5905 -75 AN ORDINANCE APPROVING THE FORM AND TERMS
OF LEASE AND TRUST INDENTURE AND INDUSTRIAL
DEVELOPMENT REVENUE BONDS, AND AUTHORIZING
THE EXECUTION THEREOF PERTAINING TO CAPITOL
TOOLING, INC.
This ordinance had first reading. Councilman Taylor made a motion to suspend the rules and take
action on the ordinance, seconded by Councilman Newburn. The motion carried by a roll call vote
of nine ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Nemeth, Newburn
and Parent). The ordinance then had second reading. Mr. Kenneth Fedder, Attorney for the South
Bend Development Commission, indicated that the ordinance covered the application for Capitol
Tooling, which was a companion to the Ernsberger- Jessup bond ordinance which was passed by the
Council on October 6, 1975. He stated that the commission had met on September 9, 1975, and
approved of the financing. He indicated that the ordinance would equip the existing structure in
the amount of $750,000. He asked that the ordinance be amended on page 2 to change the date of
January 1 to January 2. Councilman Newburn made such a motion, seconded by Councilman Kopczynski.
The motion carried. Councilman Taylor 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 AN ORDINANCE AMENDING SECTIONS 20 -18 AND
20 -55, CHAPTER 20, VEHICLES AND TRAFFIC,
IN THE MUNICIPAL CODE OF THE CITY OF
SOUTH BEND, INDIANA, 1971.
This ordinance had first reading. Councilman Horvath made a motion to set the ordinance for
public hearing and second reading on November 10, 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 SHAMROCK FORD TRUCK
SALES, INC., OF SOUTH BEND, INDIANA, FOR
THE PURCHASE OF A 1976 TRUCK IN THE TOTAL
AMOUNT OF $6,524.00.
This ordinance had first reading. Councilman Newburn made a motion to set the ordinance for
public hearing and second reading on November 10, 1975, seconded by Councilman Horvath. The
motion carried.
ORDINANCE AN ORDINANCE APPROPRIATING $45,000 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 November 10, 1975, seconded by Councilman Taylor. The moti
carried.
REGULAR MEETING OCTOBER 2 19
REGULAR MEETING - RECONVENED (CONTINUED)
ORDINANCE AN ORDINANCE TRANSFERRING THE SUM OF
$61,500.00 BETWEEN VARIOUS ACCOUNTS IN
THE BUREAU OF WASTE WATER, SAID ACCOUNTS
BEING WITHIN THE SEWAGE WORKS OPERATION
AND MAINTENANCE FUND, AND THE SEWAGE
WORKS DEPRECIATION FUND.
This ordinance had first reading. Councilman Newburn made a motion to set the ordinance for
public hearing and second reading on November 10, 1975, seconded by Councilman Taylor. The motio
carried.
ORDINANCE AN ORDINANCE APPROPRIATING FROM THE
SANITATION FUND FOR THE BUREAU OF SOLID
WASTE ACCOUNT #321.0, "GASOLINE ", IN THE
AMOUNT OF $8,000.00, AND ACCOUNT #722.0,
"MOTOR EQUIPMENT ", IN THE AMOUNT OF
$1,300.00.
This ordinance had first reading. Councilman Taylor made a motion to set the ordinance for
public hearing and second reading on November 10, 1975, seconded by Councilman Newburn. The
motion carried.
ORDINANCE AN ORDINANCE APPROPRIATING $14,600.00
FROM THE FEDERAL ASSISTANCE GRANT
COMMONLY REFERRED TO AS GENERAL REVENUE
SHARING, FOR VARIOUS BICENTENNIAL FUNC-
TIONS FOR 1976, TO BE ADMINISTERED BY
THE CITY OF SOUTH BEND THROUGH ITS
DEPARTMENT OF HUMAN RESOURCES.
This ordinance had first reading. Councilman Taylor made a motion to set the ordinance for
public hearing and second reading on November 10, 1975, seconded by Councilman Newburn. The
motion carried.
UNFINISHED BUSINESS
Councilman Serge indicated that the lease had been signed for the Delos House at its new location
on Frances Street and approval had been given by the State Fire Marshall. He indicated that the
move would take place by the end of the month.
Councilman Horvath wondered if the water problem in the first and second districts had been
resolved somewhat with the addition of polyphosphates into the water system. Councilmen Serge
and Szymkowiak both indicated that the problem had been somewhat relieved.
Councilman Nemeth asked about the submission of the utility budgets by the administration. He
indicated that the budgets must be submitted and action taken by the Council before the end of
November. He asked the City Clerk to inquire as to said budgets.
Councilman Kopczynski brought up the problem of'.impurities in the water clogging the mains,
corporation valves and service lines. He stated that he had been receiving complaints about
inadequate water volume. He indicated that he had talked to Mr. Krueper about the matter and
nothing had been done regarding the repair of the lines. He maintained that it was not the
responsibility of the homeowner and that the city should make the necessary repairs to correct
the situation. Council President Parent directed the City Clerk to write to Mr. Krueper asking
him to attend the caucus meeting on November 10, at 6:00 p.m.
NEW BUSINESS
Councilman Taylor brought up the subject of railroad trains blocking traffic at some crossings.
He referred to the recent death of someone who had driven through the gate because of the length
of time the gate had been down. He wondered about the length of time trains could tie up inter-
sections. He asked for an answer from the Legal Department. He also brought up the subject of
cable television being installed in the Kensington Farms area. He indicated that, only a year
ago, sewers had been installed and yards had been torn up. He indicated that many of the
residents had expressed concern about this. Mrs. Irene Gammon, City Clerk, indicated that she
had discussed this matter with the Clerk of the Board of Works and one of the deputy attorneys.
She stated that an opinion from the Legal Department would be forthcoming. Council President
Parent asked the City Clerk to send a letter to Mr. Roemer, indicating Councilman Taylor's concert
Councilman Taylor asked that a copy of the opinion be forwarded to him. Councilman Miller talked
about the inoperative signals on the New York Central Railroad and referred to Councilman Taylor':
remarks concerning trains. He stated that it was the contention of the railroads that a city
ordinance was non - operative because the railroads were regulated by the Interstate Commerce
Commission. He wondered if this matter should be pursued by the congressmen. He indicated
that he has requested that any instances of the railroad gates being down for any length of time
be looked into.
There being no further business to come before the Council, unfinished or new, Councilman Serge
made a motion to adjourn, seconded by Councilman Taylor. The motion carried, and the meeting
adjourned at 10:32 p.m.
ATTEST: APPROVED*
CITY CLERK PRE
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