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HomeMy WebLinkAbout03-22-76 Council Meeting MinutesREGULAR MEETING MARCH 22, 1976 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, March 22, 1976, at 7:00 p.m., Council President Roger 0. Parent presiding. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL PRESENT: Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent ABSENT: None Mr. Robert Swanson was sworn in to the Human Rights Commission by City Clerk Irene Gammon. Council Member Taylor made a motion to resolve into the Committee of the Whole, seconded by Council Member Serge. 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, March 22, 1976, at 7:05 p.m., with nine members present. Chairman Frank Horva presided ORDINANCE AN ORDINANCE TO APPROPRIATE $112,500.00 FROM THE LOCAL ROAD AND STREET FUND AND - $12,500.00 FROM LINE ITEM 260.0 OF THE CUMULATIVE CAPITAL IMPROVEMENT FUND TO PROJECT R &S 48, PHASE III, IRONWOOD ROAD FROM APPROXIMATELY 500' SOUTH ON INWOOD ROAD NORTH TO NORTH OF RIDGEDALE ROAD. 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 Depart- ment of Public Works, made the presentation for the ordinance. He said this appropriation was to provide money for the purchase of right -of -way. He said traffic had increased to the point where the city needed to give attention to provisions to handle the traffic. He said this pro- ject includes storm water retention near the intersection of Ironwood and Ridgedale Roads. Mrs. Irene Magyar, 2517 S. Ironwood, said she felt the people that lived on Ironwood were a better judge of the traffic, and she did not think there was any problem getting in and out of their driveways. She said the shopping center serves mostly the people in the south part of town, and when the second shopping center is built in Mishawaka there will be a decrease in traffic on Ironwood. She said she felt the $125,000 spent acquiring property is a waste of taxpayers money. Mr. Ray Magyar, 18706 Douglas, asked if the city had made any provisions for handling the >pro - blem of the grade crossing on Ironwood, near Lincolnway. Mr. Farrand, indicated, the grade separation was a county responsibility. He said the county had appropriated money for a study of the grade separation.at this location. He said, however, that the state will not make any commitments until the city widens Ironwood. Council Member Kopczynski questioned Mr. Farrand in regard to the grade separation on Ironwood, as well as the grade separation on Sample. Council Member Dombrowski asked if the $125,000 could be used for Sample instead of Ironwood. Mr. Farrand indicated that the Sample Street project was moving as fast as possible, and said they had all the money they need for Sample Street. Council Member Dombrowski said he would like this to go to Council unfavorably, there was no second. Council Member Taylor said it was'his understanding that this project was going to be built in phases, and this particular phase will go to just past Ridgedale. He said there was need for improvement on Ironwood. He said they were not doing any construction, and this project was not to appropriate funds for construction. Council Member Taylor made a motion that the ordi- nance be recommended favorably to the Council, seconded by Council Member Serge. Council President Parent said that since the subject of Sample Street had come up, he thought Mr. Farrand should prepare in letter form the steps county and city officials should take to get this project completed. Mr. Farrand indicated that MACOG was handling some phases of this pro- ject, and that $1,400,000 had been appropriated for the overpass. This motion carried, with Council Member Dombrowski opposing. REGULAR MEETING MARCR 92, 1976 COMMITTEE OF THE WHOLE MEETING (CONTINUED) ORDINANCE AN ORDINANCE APPROPRIATING $9,000.00 FROM THE FEDERAL ASSISTANCE GRANT FUND COMMONLY REFERRED TO AS GENERAL REVENUE SHARING TO PROGRAM FA101 STREET DEPARTMENT CONSTRUCTION EQUIPMENT TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS BUREAU OF STREETS This being the time heretofore set for public hearing on the above ordinance, proponents and op- ponents were given an opportunity to be heard. Mr. Rollin Farrand, Director of the Department of Public Works, made the presentation for the ordinance. He said this money was being requested to purchase a hot -patch machine for approximately $7,800, and a concrete saw for approximately $1,20 He said the hot -patch machine will enable the Bureau of Streets to use hot material in their wint patching program. He said cold patching material now being used is very difficult to retain over a long period of time. He said cold patches may require two to three repairs over the course of winter while _the hot -patch is usually a permanent repair. He said the concrete saw X11 be used whenever a repair must be made on concrete streets. He said uneven joints that result from other methods of pavement removal is very difficult to maintain and usually results in the continued deterioration of the pavement around the joint. Council Member Horvath said he would like Mr. Farrand to explain a hot -patch machine. Mr. Farra said it was a trailer with a heating unit that allows the material to be kept hot. Council Member Serge said this was a very favorable piece of equipment, and it has been very suc- cessful in Mishawaka. Council Member Serge made a motion the ordinance be recommended favorably to the Council, sec by Council Member Adams. Council Member Dombrowski asked Mr. Farrand if the hot -patch machine could be used to lay black top. Mr. Farrand said that this is not a paving machine, it is for patching. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING THE SUM OF $10,504.36 FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND TO THE GENERAL IMPROVE- MENT FUND. This being the time heretofore set for public hearing on the above ordinance, proponents and op- ponents were given an opportunity to be heard. Mr. David Wells, Manager of Administration and Design, made the presentation for the ordinance. He said this appropriation represents the city': share of the curbs and sidewalk construction along Elwood Avenue from Portage to Olive. Council Member Serge made a motion the ordinance be recommended favorably to the Council, secondec by Council Member Taylor. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING THE SUM OF $81,869.12 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND TO THE GENERAL IMPROVEMENT FUND. This being the time heretofore set for public hearing on the above ordinance, proponents and op- ponents were given an opportunity to be heard. Mr. David Wells, Manager of Administration and Design, made the presentation for the ordinance. He said this appropriation represents the city': share in the Fellows- Widener and Crest Manor sewer projects. He said Crest Manor was complete, and Widener still has some work to be done. Council Member Szymkowiak made a motion the ordinance be recommended favorably to the Council, seconded by Council Member Serge. Council Member Kopczynski asked the balance in the Cumulative Sewer Building and Sinking Fund. Mr. Wells indicated it was sizeable, since the appropriation for Model Cities has not been taken out. Mr. Walt Lantz, Deputy City Controller said that prior to this appropriation there was $2,300,000, which is based on anticipated tax revenue for the balance of the year. Council Member Kopczynski asked what provisions had been made for sewers in the Belleville area. Mr. Wells in- dicated that he did not know the schedule. The motion carried. ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 5820 -75, ESTABLISHING A MERIT SYSTEM OF PROMOTIONS FOR THE BUREAU OF POLICE OF THE CITY OF SOUTH BEND This being the time heretofore set for public hearing on the above ordinance, proponents and op- ponents were given an opportunity to be heard. Council Member Taylor read the amendments to the ordinance, as indicated in the ordinance itself. Council Member Taylor said he thought there shout be a severable clause as Section 19. Mr. Brunner was asked to prepare such a clause. Council Member Taylor made a motion the amendments be accepted, seconded by Council President Parent. The motion carried. Council Member Adams made a motion to amend Section 13, by adding the following as the second sentence; The chief of the Bureau of Police shall have exclusive direction and control of the police force subject to the rules, regulations and orders of the Board of Public Safety. The chief may relieve an officer from duty when necessary pending official action of the board, second( by Council Member Kopczynski. The motion carried. REGULAR MEETING MARCH 22, 1976 COMMITTEE OF THE WHOLE MEETING (CONTINUED) Mr. Michael Carrington made the presentation for the ordinance. He explained the amendments to the ordinance. He said the Merit Study Commission was comprised of nine people, three designa- ted by the Council, three by the Mayor and three elected by the police. He said the Merit Board is comprised of five people, the Mayor makes two appointments, the Council one, and the police two, and those individuals cannot be active on the Police Department. He said the chang made in this ordinance were for the most part practical changes to implement the system. He thanked the commission for their efforts under what he thought was rather difficult conditions. He introduced Dick Albright who was elected president of the Merit Board. Mrs. Jane Swan, 2022 Swygart, congratulated the Commission. She said this has been needed for a long time, and was sure it would work out well. She asked Mr. Carrington if the grades would be posted. Mr. Carrington said that once the testing is complete he thought they would be post Mr. Carrington introduced Dr. Lillian Stanton who had been elected vice president of the Board, and thanked her for the fantastic job she did in keeping records for the commission. Father Lallak, member of the Board, was introduced. Council President Parent thanked the members of the study commission. He said there was still a lot of work remaining to be done. Council Member Adams said she would like to commend the Legal Department for presenting this ordinance in a new format. She said she hoped they would continue drafting them in this way. Council Member Taylor made a motion the ordinance be recommended favorably to the Council, as amended, seconded by Council Member Serge. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Taylo made a motion to rise and report to the Council, seconded by Council Member Miller. The motion carried. ATTEST: ATTEST: '4') h'�� __ City Clerk Chairman REGULAR MEETING - RECONVENED Be it remembered that the regular meeting of the Common Council of the City of South Bend re- convened in the Council Chambers at 8:00 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 March 8, 1976 meeting of the Council and found them correct. The sub - committee, therefore, recommends that the same be approved. s/ Roger O. Parent Council Member Taylor made a motion that the report be accepted as read, placed on file and the minutes be approved, seconded by Council Member Horvath. The motion carried. REPORT FROM THE COMMITTEE OF THE WHOLE Council Member Taylor made a motion to waive the reading of the report of the Committee of the Whole, seconded by Council Member Dombrowski. The motion carried by a roll call vote of nine ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent). REPORT FROM AREA PLAN Council Member Taylor made a motion to set applicable ordinances for public hearing on April 12 1976, seconded by Council Member Dombrowski. The motion carried. ORDINANCES, SECOND READING ORDINANCE NO. 5960 -76 AN ORDINANCE TO APPROPRIATE $112,500.00 FROM THE LOCAL ROAD AND STREET FUND AND $12,500.00 FROM LINE ITEM 260.0 OF THE CUMULATIVE CAPITAL IMPROVEMENT FUND TO PROJECT R &S 48, PHASE III, IRONWOOD ROAD FROM APPROXIMATELY 500' SOUTH OF INWOOD ROAD NORTH TO NORTH OF RIDGEDALE ROAD. This ordinance had second reading. Council Member Serge made a motion to pass the ordinance, seconded by Council Member Szymkowiak. The ordinance passed by a roll call vote of eight ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Horvath and Parent) and one nay (Council Member Dombrowski). Es REGULAR MEETING MARCH 22, 1976 REGULAR MEETING RECONVENED (CONTINUED) ORDINANCE NO. 5961 -76 AN ORDINANCE APPROPRIATING $9,000.00 FROM THE FEDERAL ASSISTANCE GRANT FUND COMMONLY REFERRED TO AS GENERAL REVENUE SHARING TO PROGRAM FA 101 STREET DEPARTMENT CONSTRUCTION EQUIPMENT TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS BUREAU OF STREETS. This ordinance had second reading. Council Member Kopczynski made a motion to pass the ordinance, seconded by Council Member Taylor. The ordinance passed by a roll call vote of nine ayes (Council Member Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent). ORDINANCE NO. 5962 -76 AN ORDINANCE APPROPRIATING THE SUM OF $10,504.36 FROM THE CUMULATIVE CAPITAL IMPROVEMENT`FUND`TO'THE GENERAL IMPROVE- MENT FUND. This ordinance had second reading. Council Member Serge made a motion to pass the ordinance, seconded by Council Member Taylor. The ordinance passed by a roll call vote of nine ayes (Counci Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent). ORDINANCE NO. 5963 -76 AN ORDINANCE APPROPRIATING THE SUM OF $81,869.12 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND TO THE GENERAL IMPROVEMENT FUND. This ordinance had second reading. Council Member Taylor made a motion to pass the ordinance, seconded by Council Member Dombrowski. The ordinance passed by a roll call vote of nine ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent). ORDINANCE NO. 5964 -76 AN ORDINANCE AMENDING ORDINANCE NO. 5820 -75, ESTABLISHING A MERIT SYSTEM OF PROMOTIONS FOR THE BUREAU OF POLICE OF THE CITY OF SOUTH BEND. This ordinance had second reading. Mr. Thomas Brunner, City Attorney, proposed the following amendment; Section 18. If a provision of this ordinance or its application to a person or cir- cumstance is held invalid, the invalidity does not effect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. The present Section 18, would then become Sectior. 19. Council Member Taylor made a motion that this amendment be accepted, seconded by Council Member Miller. The motion carried. Council Member Taylor made a motion to amend the ordinance as amended in the Committee of the Whole, seconded by Council Member Horvath. The motion carried. Council Member Taylor made a motion to pass the ordinance, as amended, seconded by Council Member Dombrowski. The ordinance passed by a roll call vote of nine ayes (Council Member Serge, Szymkowi Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent). RESOLUTIONS RESOLUTION NO. 513 -76 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING BERNADETTE WARD FOR HER PARTICIPATION IN THE BICENTENNIAL YOUTH DEBATES. WHEREAS, the "Bicentennial Youth Debates" have been established by the Speech Communicat Association and National Endowment for the Humanities; and WHEREAS, the "Bicentennial Youth Debates" offer every young person throughout the nation the opportunity to join in a meaningful commemoration of the 200th birth of our nation; and WHEREAS, each participating high school conducts three events: Lincoln - Douglas Debate, Extemporaneous Speaking, and Persuasive Speaking at the local level,-arid WHEREAS, the winners at the local level then compete at the State and Regional levels, WHEREAS, BERNADETTE WARD represented the St. Joseph High School at the State level; and WHEREAS, BERNADETTE WARD will represent our community at the Regional contest held in Williamsburg, Virginia on April 9th and April 10th; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend: SECTION 1. That the citizens of South Bend through their Common Council commend and con- gratulate Bernadette Ward of the St. Joseph High School for her excellent performance and re- presentation of our community in the State contest of the Bicentennial Youth Debates. SECTION 2. That the Common Council further expresses its appreciation for the excellent program at St. Joseph High School and in particular their Debate Coach, Mr. Vince Phillips, in preparing and encouraging Bernadette Ward for this contest. SECTION 3. That the Common Council wish Bernadette Ward continued success and support in the Regional contest of the Bicentennial Youth Debates to be held in Williamsburg, Virginia on April 9th and April 10th. SECTION 4. That this resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/ Robert G. Taylor Member of the Common Council REGULAR MEETING MARCH 22, 1976 REGULAR MEETING RECONVENED (CONTINUED) A public hearing was held at this time on the resolution. Council Member Taylor said that Bernadette Ward was a student at St. Joseph High School, and she will represent our community at the regional contest held in Williamsburg, Virginia. Council Member Horvath made a motion this resolution be adopted, seconded by Council Member Szymkowiak. The resolution <was adopted by a roll call vote of nine ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski Adams, Dombrowski, Horvath and Parent). RESOLUTION NO. 514 -76 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT TO THE UNITED STATES GOVERNMENT, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AN APPLICATION FOR COMPREHENSIVE PLANNING ASSISTANCE UNDER SECTION 701 OF THE HOUSING ACT OF 1954 AS AMENDED. WHEREAS, the Mayor is the Chief Executive Officer of the City of South Bend, Indiana; and WHEREAS, the Chief Executive Officer of the City is required to submit an application to the United States Department of Housing and Urban Development for Comprehensive Planning Assistance, pursuant to Section 701 of the National Housing Act of 1954 as amended; NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of South Bend, Indiana SECTION I. Hereby authorizes the Mayor of the City of South Bend to submit an applicatio requesting thirty thousand dollars ($30,000.00) in Comprehensive Planning Assistance pursuant to Section 701 of the National Housing Act of 1954 as amended from the United States Department of Housing and Urban Development. SECTION II. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/ Roger 0. Parent Member of the Common Council A public hearing was held at this time on the resolution. Mr. Stan Ryker, of the Community Development Department, said this was the city's fourth 701 Application, and there was a pos- sibility this would be our last, since the city is no longer entitled to this grant. He said this resolution would authorize the Mayor to submit an application requesting $30,000 in Com- prehensive Planning Assistance. He said this money will be used to subsidize the Bureau of Planning Grants and Evaluations. Council Member Kopczynski made a motion the resolution be adopted, seconded by Council Member Serge. Council Member Adams said that the people under the current 701 would be transferred as of July 1, 1976 to Community Development. She asked Mr. Ryker, if and when the city gets this grant, will they be transferred back. Mr. Ryker indicated they would.' Council Member Adams made a motion the resolution be amended in Section 2 as follows; The Mayor shall submit to the Common Council a line item budget in ordinance form prior to any expenditures of such grant money received upon approval of this application, seconded by Council Member Taylor. Council Member Taylor made a motion the resolution be adopted, as amended, seconded by Council Member Szymkowiak. The resolution was adopted by a roll call vote of nine ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dom- browski, Horvath and Parent). RESOLUTION A RESOLUTION APPROVING THE RATE CHANGES FOR ALL CITY OPERATED FLAT PARKING LOTS AND FOR THE JEFFERSON STREET PARKING GARAGE AS ADOPTED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, MARCH 15, 1976. WHEREAS, the Board of Public Works of the City of South Bend, Indiana, did on the 15th da of March, 1976, adopt a resolution amending the rates and charges to be collected for parking of vehicles in City operated flat parking lots and for the Jefferson Street Parking Garage, whi resolution is as follows: RESOLU'T'ION NO. 9, 1976 OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA WHEREAS, the Board of Public Works and Safety of the City of South Bend did, on the 19th day of June, 1969, adopt a resolution fixing the rates and charges to be collected for parking of vehicles in off - street parking facilities, which resolution was approved by the Common Counc on the 23rd day of June, 1969; and WHEREAS, Chapter 190 Acts of 1955 of the Indiana General Assembly, provides the Board of Public Works with the power, subject to approval of the Common Council, to fix the rates and charges to be collected for the parking of vehicles in off - street parking facilities; NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend that the following changes be made in the parking rates charged for all City- operated flat lots and for the Jefferson Street Parking Garage. A REGULAR MEETING MARCH 22r 1976 REGULAR MEETING RECONVENED (CONTINUED) 1. All City- operated flat lots shall charge a monthly rate of $14.00 per month. 2. Rates at the Jefferson Street Parking Garage shall be set as follows: (a) The monthly rate shall be $25.00 per month (b) Hourly rates shall be,as follows: One hour or less One to two hours Two to three hours Three to four hours Five to six hours Six to seven hours Seven or more hours one calendar day ADOPTED THIS 15TH DAY OF MARCH, 1976 ATTEST: S/ Patricia DeClercq Clerk $ .35 $ .50 $ .75 $ .95 $1.25 $1.40 $1.50 Maximum BOARD OF PUBLIC WORKS S/ Rollin E. Farrand S/ Thomas J. Brunner, Jr. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF SOUTH BEND, INDIANA, that the foregoing resolution of the Board of Public Works be, and is hereby approved by the Common Council and shall be in full force and effect on April 1, 1976, after its adoption by the Common Council and approval by the Mayor. S/ Mary Christine Adams Member of the Common Council A public hearing was held at this time on the resolution. Mr. Peter Mullen, City Controller, said the effective date of this resolution should be changed from April to May 1, to coincide with the expiration of the present parking passes. He said the city was requesting approval of the increase at the Jefferson Garage as well as the flat lots. He said this would result in approximately $28,100 in additional revenue for the remaining eight months of the year. He read the budget for the parking garages. He said they were requesting this rate increase to help make the term bond requirement. Mr. Bob Blakeney, Chairman of the Chamber of Commerce Downtown Parking Committee, strongly urged the Council to pass this resolution. He said they appreciated the changes that have been made in the parking situation. He said he felt if the city did not get this additional revenue the pre- sent parking system could be jeopardized. He said there could be a problem of locating new offices downtown because of high rates, but this could possibly be worked out. Council Member Taylor said he was going to make a recommendation that this resolution go to a committee we mentioned last meeting, in order that they could take a comprehensive look at the parking situation. He said that the downtown was in a state of change. He said no one knows exactly how and when it is going to change. He said Council is concerned in maintaining the fiscal responsibility of the city. He said the Council was highly concerned about additional merchants coming into downtown. He said it was not the Council's intent that the parking situa- tion become a political football. He said if it does, we will all be losers. Council Member Taylor made a motion this resolution be referred to the South Bend Parking Facility Study Com- mission, seconded by Council Member Horvath. Council Member Kopczynski said all the parking garages should start paying for themselves. He said they had been subsidized long enough. He said the Commission that is being formed is a step in the right direction, however, the sensible approach is to adopt the resolution and form the commission to study the parking situation. He said he was against sending this to the Commission. Council Member Serge asked for a comparison of parking fees. Mr. Mullen said that right now we are less than the other garages. He said with the proposed increase we will still be less than the National Bank, and with the exception of the sixth hour on we will be less than the American Bank. Council Member Szymkowiak said he strongly believed this resolution should be passed. Mr. Peter Mullen said there were 156 monthly parkers at the Colfax Garage and 240 at the Jeffer- son Garage. He said their permits expire at the end of April which would give the Commission a very short time to get together and make a decision. He said the city had to have time to notify the monthly parkers of a rate change. Council Member Taylor said they might have to go on a mont to month basis. He said the Council needed to have the total picture of what is happening down- town. He said he would like to see the Council act on this thing in the most comprehensive way possible. REGULAR MEETING MARCH 22 197 REGULAR MEETING RECONVENED (CONTINUED) Council Member Kopczynski said the total operating budget indicates that to be fiscally responsibly the city must get this rate increase. He said he was asking the Council to adopt the resolution. A roll call vote was taken on the motion to send this to the Commission. The motion failed with a roll call vote of four ayes (Council Members Taylor, Dombrowski, Horvath and Parent) to give nays (Council Members Serge, Szymkowiak, Miller, Kopczynski, and Adams). Council Member Miller made a motion to amend the resolution to change the effective date of May 1 and to adopt, seconded by CouncilMember Adams. Council Member Adams made an amendment to change the two to three hour rate from 75� to 65�, and the three to four hour rate from 95� to 80�. The motion did not receive a second. A roll call vote was taken on the motion to change the effective date and adopt. The motion did not carry, it received four ayes (Council Members Serge, Szymkowiak, Miller and Kopczynski) and five nays (Council Members Taylor, Adams, Dombrowski, Horvath and Parent). Council Member Miller said he would like to make another motion, however, Council President Parent informed him that it would only be possible to make a motion to reconsider the resolution. ORDINANCES, FIRST READING ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 21 OF THE CITY CODE OF SOUTH BEND, INDIANA, 1971, ALSO KNOWN AS ORDINANCE NO. 4990 -68, AS AMENDED, AND GENERALLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA. This ordinance had first reading. Council Member Dombrowski made a motion to set the ordinance for public hearing and second reading on April 12, 1976, seconded by Council Member Horvath. The motion carried. ORDINANCE AN ORDINANCE FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, WITHIN THE DIVISION OF COMMUNITY DEVELOPMENT FOR THE YEAR FROM JULY 1, 1976, TO JUNE 30, 1977. This ordinance had first reading. Council Member Taylor made a motion to set the ordinance for public hearing and second reading on April 12, 1976, seconded by Council Member Horvath. The motion carried. ORDINANCE AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS FROM THE GENERAL PARK FUND IN THE AMOUNT OF $20,000.00 TO ACCOUNTS 252.0 (SERVICES CONTRACTUAL, REPAIR TO EQUIPMENT) AND 722.0 (PROPERTIES, MOTOR EQUIPMENT). This ordinance had first reading. Council Member Horvath made a motion to set the ordinance for public hearing and second reading on April 12, 1976, seconded by Council Member Adams. The motion carried. PRIVILEGE OF THE FLOOR Mr. Donald Molnar, 234 E. Haney, spoke on behalf of Little League Baseball. He told the Council that he was not permitted to have a fund raising smoker, since it would be raided. He said the expenses of Little League have doubled, and the program would be in trouble if events such as this were banned. He said the Little League should receive support from the Council and the Administra tion. He said they did not want to do battle with the Administration, and they only wanted clari- fication of the statute. He said another organization held a smoker the same night theirs was scheduled and were not raided, and he wanted to know if the Little League was being singled out. He asked where the concern was for the youth of the community. Council President Parent said the Council's main function was that of legislation. He said this was a matter of decision making by the mayor, city attorney and the police. He said he would like to hear from the city attorney, mayor and chief of police, and if in fact there is going to be a "crack- down" he said he would like them to speak to the issue. Mr. Michael Carrington, administrative assistant to the mayor, said this was not a popular positio He said any way you slice this, it is against the law, the city has no alternative but to enforce the law. He said unfortunately we cannot make distinction as to whether it is a good cause or a bad cause. Council President Parent indicated Mr. Carrington's answer did not hold water. Mr. Carrington as if they were supposed to tell people they agreed with gambling. Council President Parent said he would be willing to give him more time to think this out further and get a final answer to Mr. Molnar's question. Council Member Szymkowiak asked if bingo was illegal. Mr. Carrington asked if Council was willing to pass an ordinance for the administration to look the other way. REGULAR MEETING REGULAR MEETING RECONVENED (CONTINUED) MARCH 22, 1976 Council Member Taylor indicated that the problem was that one smoker was not touched, so how can you interpret the law, there seems to be a double standard. Council Member Dombrowski asked Mr. Carrington if Chief Borkowski was out of town. Mr. Carringtc indicated he was not there because he did not know this would be on the agenda. Council Member Dombrowski said he thought when an issue like this comes up, the chief should be there to answer. Council Member Horvath indicated the Little League smoker would probably be patronized by the parents and they would be donating to the cause. He said even the FOP Lodge has gambling, and if they are picking on certain organizations it was wrong. Mr. Brunner, City Attorney, said the police was as clear as they could make it. He said in regard to the specific question as to whether this type of activity will be sanctioned by the City, the City will endeavor to enfor the law wherever possible. Council Member Taylor asked if church bingo was legal. Mr. Brunner indicated it was illegal, ever, there was a distinct difference between bingo and professional gambling. Council President Parent indicated that if bingo was not considered legitimate, it must be con- sidered illegal, and the administration was implying they would not enforce the law against bin Mr. Brunner indicated the only distinction he was trying to draw was that of analysis. He said if they had to devote their research to a certain area, it will be professional gambling. Council Member Szymkowiak indicated that bingo was the only entertainment for a lot of our seni citizens. Mr. Brunner said bingo is still technically a crime but we are trying to apply our r sources to a more pressing problem, professional gambling. Council President Parent asked the Clerk's office to write a letter to the mayor with a copy to the city attorney and chief of police, asking for a statement of policy in regard to the enforc ment of gambling laws. Mr. Gene Evans, Executive Secretary of the Civic Planning Association questioned parliamentary procedure in regard to the motion to amend and adopt the resolution pertaining to the parking fees, since this was one in the same motion. He urged some Council Member who voted nay to make a motion to reconsider the adoption of the resolution. Council Member Dombrowski made a motion to recess to consider this request, seconded by Council Member Szymkowiak. The meeting was recessed at 9:12 p.m. REGULAR MEETING - RECONVENED Be it remembered that the regular meeting of the Common Council of the City of South Bend recon- vened in the Council Chambers at 9:31 p.m., Council President Parent presiding, and nine members present. Council President Parent_ asked the council attorney to give an opinion. Ms. Kathleen Cekanski, Council Attorney, said she and the city attorney had consulted Robert's Rules and the motion to amend and adopt was proper. However, if you would like to take action, it would be possible for the prevailing side on the resolution to do so. Council President Parent indicated they would finish the privilege of the floor first. Mrs. Jane Swan, 2022 Swygart, said there was an article in the newspaper concerning the Supreme Court's rules the city does not violate constitutional rights when it requires an employee to live in the city limits. Council President Parent said he read the same thing and rejoiced. He said he was going to ask the council attorney to prepare a resolution to state the Council's intention on this. The entire Council appeared to agree this was a very good ruling. Council Member Taylor said the Council should go on record as being in support of this. Mrs. Irene Mutzl, 320 Parkovash, said she felt the new administration should be given a chance. She said she hoped when they took up the parking resolution again it would be passed. She said if the administration wants to change and test the parking fees, she felt the Council should go along with them. She said the Council wanted to study the parking question, and there has been plenty of time over the years to study, and they should pass the resolution and keep right on studying.. Council Member Adams made a motion to again take up resolution 9C, seconded by Council Member Taylor. Council President Parent asked why she was asking the Council to reconsider. Council Member Adams said it seems the Council is not ready to decide on this issue and "I would like to leave it alive and well." She said she would like after this has been passed, for this to go to the Commission, and perhaps they will have a decision for us by our April 5 meeting. The motion passed with a roll call vote of nine ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent). Council Member Taylor made a motion to send this resolution to the South Bend Parking Facility Study Commission, seconded by Council Member Adams. Council President Parent said they were reconsidering the motion and the motion at that time was to amend by changing the date of May 1 and to adopt. There were many questions as to parliament procedure on reconsidering the resoltuion. Council Member Adams said when she initiated this she asked they reconsider the resolution, not reconsider the motion. She said if they reconsider the resolution, if that is in order, then Council Member Taylor's motion is in order. Council Member Taylor made a motion for a short recess, seconded by Council Member Miller, the motion carried, the meeting recessed at 8:50 p.m. REGULAR MEETING MARCH 22, 191 REGULAR MEETING RECONVENED (CONTINUED) REGULAR MEETING RECONVENED Be it remembered that the regular meeting of the Common Council of the City of South Bend re- convened in the Council Chambers at 8:55 p.m., Council President Parent presiding, and nine members present. Council President Parent asked Council Member Miller to withdraw his motion to amend and adopt.. Council Member Miller withdrew his motion, and Council Member Adams withdrew her second. Counc' Member Miller said he would like to recommend the Council make a decision on April 12 so the monthly parkers can be contacted, as soon as possible. Thomas Brunner, City Attorney, indicated that a resolution passed by the Board of Works cannot be amended. He said he did not think the resolution was amendable. Mayor Peter J. Nemeth said the amendment of the date was fine, and if there are any changes in the rate it can be handled by the Board of Works. He said the law says the Board shall set the rate on approval of the Council. Council Member Miller made a motion that the resolution be laid on the table until April 12, and sent to the South Bend Parking Facilitities Study Commission, seconded by-- Council Member Kopczynski. Council Member Taylor asked Council Member Miller if he wanted a report from the Commission or a recommendation by April 12. Council Member Miller indicated either a report or a recommendation. Council President Parent said a motion to lay on the table would mean it would have to be reopened by vote of the Council. Council Member M i -ller said the normal practice has been to continue the public hearing until the next meeting, which would be April 12. Council Member Miller said he would withdraw his motion, Council Member Kopczynski, said he would withdraw the second. Council Member Taylor made a motion to send this resolution to the newly organized South Bend Parking Facilities Study Commission, seconded by Council Member Adams. The motion carried by a roll call vote of nine ayes (Council Members Serge, Szymkowiak, Miller Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent). Council Member Horvath made a motion to appoint the following people to the South Bend Parking Facilities Study Commission: Robert Blakeney, Lloyd Taylor, Roger Parent and Ned Parker, secon ed by Council Member Serge. The motion carried. Council Member Adams questioned Mr. Brunner in regard to the $18,000 authorized to his depart- ment from Revenue Sharing Funds. She said he had indicated the money would be used to bring the intern's pay from $3.50 to $4.00, and it has come to her attention that they are being paid $4.50. Mr. Brunner said that was correct, but the letter explaining the ordinance was signed by Mr. Roemer. He said their current salary was $4.00 at the time he addressed the Council. Council Member Adams asked for the going rate for interns. Mr. Brunner indicated it was bet - ween $4.00 to $5.00 per hour. Mr. Brunner said apparently he erred. He said he felt there was sufficient funds to pay them more, and did not realize he did not have the flexibility to do so. Council Member Adams made -a motion to refer this matter to the Committee on Administra- tion and Finance, and for them to make a report to the Council, seconded by Council Member Taylor. The motion carried. Council Member Miller made a motion to have apublic hearing and second reading for the ordinanc� amending the zoning code at 2018 and 2022 Mishawaka Avenue, set for April 27, 1976, seconded by Council Member Taylor. The motion carried. Council Member Serge made a motion that a resolution be drawn up so the words, "to protect and to serve" could be painted on police cars, seconded by Council Member Dombrowski. The motion carried. Council President Parent asked the council attorney to draw up such a resolution. There being no further business to come before the Council, unfinished or new, Council Member Taylor made a motion to adjourn, seconded by Council Member Miller. The motion carried and the meeting was adjourned at 10:20 p.m. ATTEST: APPROVED: CITY CLERK P S DEN .1