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HomeMy WebLinkAbout10-23-72 Council Meeting MinutesREGULAR MEETING OCTOBER 23, 1972 Be it remembered that the Common Council of the City of South Bend, Indiana met on Monday, October 23, 1972 at 8:00 p.m. in the Council Chambers of the County -City Building. Council President Peter J. Nemeth called the meeting to order and the Pledge of Allegiance to the flag was given. Mr. Nemeth welcomed some American Government students from the University of Notre Dame who were in the audience. ROLL CALL PRESENT: Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth. ABSENT: None Council President Nemeth said that the first item of business would be second reading of three ordinances which are on tonight's agenda for public hearing and third reading. The ordinances contained in Items 3A, 3B, and 3C then had second reading in full by the Clerk. Councilman Taylor made a motion to Resolve into the Committee of the Whole, seconded by Council- man Parent. The motion carried. COMMITTEE OF THE WHOLE MEETING Be it remembered that the Common Council of the City of South Bend, Indiana met in the Committee of the Whole in the Council Chambers of the County -City Building on Monday, October 23, 1972 at 8:12 p.m. with nine members present. The meeting was called to order by Chairman Odell Newburn who presided. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA (Ironwood- Inwood Retention Basin) This being the time heretofore set for public hearing on this ordinance, proponents and opponents were given an opportunity to be heard thereon. Mr. Howard Bellinger, Executive Director of the Area Plan Commission, displayed a map showing the area involved in the ordinance. Mr. Bellinger said that the area was annexed in 1968 but a court suit was filed against the annexation. In 1972 it was declared officially annexed to the City of South Bend. The Area Plan Commission held a hearing and recommended that the area be zoned A Residential and A Height and Area District which is consistent with the zoning in the immediate vicinity. Councilman Miller made a motion that the ordinance go to the Council as favorable, seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE AMENDING CHAPTER TWO "ADMINISTRATION" OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND. This being the time heretofore set for public hearing on this ordinance, proponents and opponents were given an opportunity to be heard. Councilman Nemeth made the presentation for the ordinance. He said that the ordinance amends Chapter Two "Administration" of the Municipal Code dealing with the carrying on of business in the Council. The prime effect would be to eliminate the complete reading of the ordinance which we now do, and to avoid the possibility of an ordinance being presented at the last minute. Paragraph (w) provides that for any ordinance or resolution to be on the agenda for a regular meeting, it must be filed in the Clerk's office on or before the Wednesday prior to that meeting. One of the things which precipitated the change regarding the reading of the ordinances in full was that second readings come late in the evening when most of the audience has gone home. Mr. Nemeth said he would be happy to answer any questions. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, asked if this means that no ordinance will have full reading or that just certain ones will have full reading. She said she felt that ordinances should be read in full. Mr. Nemeth said that, especially with very lengthy ordinances, no one can understand what is being read. Miss Guthrie said that the general public does not get to see the ordinances and she felt they should be read. Mr. Nemeth said that, in their experience over the past nine and one -half months, everyone who comes to a public hearing has seen a copy of the proposed ordinance or resolution or obtained a copy for themselves. There is no reading in full on the night of the public hearing. The people who are interested in the itmes don't want them read, they want a public hearing. Councilman Horvath asked if there was a controversial issue before the Council, if they could have it read in its entirety. Councilman Nemeth said they could, if they wished, suspend the rules by unanimous vote. Councilman Parent said that he had written the City Attorney and asked for an opinion on the legality of this proposed ordinance and he asked Mr. Tom Connaughton, of the City Legal Depart- ment, about this. Mr. Connaughton said this matter had been examined by the Legal Department and there were no legal difficulties with the proposed ordinance. Councilman Szymkowiak said he felt that there should be reading in full. Councilman Nemeth said that 1st and 2nd readings are now held near the close of the meeting. Citizens who are interested in certain items now have to attend the meeting to hear the second reading and then come back to the public hearing. With the proposed ordinance, they could go to the Clerk's office during the day and find out what they wanted to know about the ordinance and then come on the night of the public hearing. Councilman Szymkowiak said that copies should be made available for anyone who wants them without charge. Councilman Parent said that the elimination of the full reading of the ordinance is not to frustrate the public's desire to know, but to make the meetings a little less boring and the information more available. He said the method of reading items in full is archaic. Councilman Newburn said we must take the citizens into consideration, and not cut out their involvement. Councilman Nemeth said he would like to point out that when an ordinance has been filed in the clerk's office, it is a matter of public record. Any citizen has a right to go in and inspect it or get a copy of it. Nothing is being hidden from anyone. Councilman Miller made a motion that the ordinance go to the Council as favorable, seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE TRANSFERRING FUNDS IN THE TOTAL AMOUNT OF $11,500 FROM VARIOUS ACCOUNTS WITHIN THE MUNICIPAL SERVICES FACILITY BUDGET TO VARIOUS OTHER ACCOUNTS IN SAME MUNICIPAL SERVICES FACILITY BUDGET, ALL BEING WITHIN THE GENERAL FUND This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard.. Mr. Stanley Przybylinski,' Manager of the Municipal Services Facility, spoke for the ordinance, He said the transfer is needed to cover REGULAR MEETING COMMITTEE OF THE WHOLE MEETING (CONTINUED) OCTOBER 23, 1972 some of the things which must be done immediately. They made a careful analysis of accounts from which these funds can be transferred. At this time, they are suggesting that the ordinance be amended, changing the amount transferred from U -11 "Services Personal" to $1,500.00 and from U -726 "Other Equipment" to $500.00. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, asked Mr. Przybylinski if the Services. Personal account was overbudgeted. Mr. Przybylinski said it was not but that one person has been on sick leave for four months and that is why the funds are available from that account. Council- man Horvath asked Mr. Przybylinski if none of the money budgeted for Data Processing would be used this year why they are requesting $5,000 for Data Processing for next year. Mr. Przybylinski said that the money would not be used this year but, hopefully, as soon as the gasoline pumps are operational, they will get data processing functioning and cost data and gasoline consumption will be available. Councilman Parent made a motion that the ordinance be amended as follows: In Section 1, A- change the amount to $1,500 and G- change the amount to $500. Councilman Taylor seconded the motion and it carried. Councilman Nemeth asked what the present balance is in the U221 Electric Current Account. Mr. Przybylinski said that, as of September 30, the balance was $7,964.03. Councilman Nemeth asked why the use of electric current is higher in the summer and Mr. Przybylinski said it was because of the use of the air conditioners. Councilman Szymkowiak made a motion that the ordinance go to the Council as favorable, as amended, seconded by Councilman Taylor. The motion carried. Councilman Taylor moved that the Committee Rise and Report to the Council, seconded by several. The motion carried. ATTEST: CITY CLERK REGULAR MEETING - RECONVENED The regular meeting of the Common Council of the City of South Bend, Indiana reconvened in the Council Chambers of the County -City Building on Monday, October 23, 1972 at 8:35 p.m., Council President Peter J. Nemeth presiding. REPORT OF THE COMMITTEE ON MINUTES Your committee on the inspection and supervision of the they have inspected the minutes of the October 10, 1972 them correct. They, therefore, recommend that the same Councilman Serge, seconded by Councilman Parent, the re file. /s/ /s/ CITIZENS REQUESTS - MISCELLANEOUS MATTERS Councilman Kopczynski asked that a representative Council. Mr. George Metz, 4464 Huron Circle, saic ville area of the Sixth District. He asked that i Department for money to built a swimming pool and Gardens Park. Mr. Metz said that the Sixth Distr: city and that they should have some outdoor recrez signed by residents of the Sixth District asking 1 Miss Fanny Grunwald, 227 S. Frances Street, said i and other buildings along the St. Joseph River frc understanding that a certain number of feet in fr< much of this land was really available for buildii standing that this plan is schematic and is not a mission meets the first and third Fridays of the r Councilman Nemeth suggested to Miss Grunwald that minutes would respectfully report that regular meeting of the Council and found be approved. Upon motion made by port was accepted as read and placed on Peter J. Nemeth Terry S. Miller of the Sixth District be recognized by the that he represented the people of the Belle - he Council support a request of the Park other recreational facilities in the Belleville ct has one - fourth of the population of the tional facilities. He then presented petitions hat the Council give this matter consideration. hat she I- ad read of plans to build apartments m Jefferson to Monroe. She said it was her m waterways was public domain and asked how g. Councilman Miller said it was his under - final plan and that the Redevelopment Com- onth and their meetings are open to the public. she attend a meeting of the Redevelopment Com- mission ana put ner questions ro mr. Taylor ana ni.s srarr. Mrs. Lee Swan, 2022 Swygart Street, spoke against the federal programs and agencies with which the city is involved She said most people are against accepting funds from corrupt federal agencies which don't do any good. She said the citizens are concerned about crime and unsafe streets and the Council should concern itself with these problems. She suggested that the Councilmen go out and knock on doors as they did when they were campaigning and talk to the people. They would find that the citizens are not interested in federal funds. She said the high property tax and crime are driving more and more people out of South Bend. Councilman Nemeth said that this year property valuations were up for the first time in several years and this is an optimistic sign for South Bend. He said it is unfortunate that Mrs. Swan feels the tray she does about South Bend but he feels South Bend is a fine city, improving and growing; a great place to live and a great place to raise a family. Councilman Parent said if we want better service and lower taxes, we do have to look kindly toward federal funds. He said that Revenue Sharing will not cost us matching funds. Councilman Kopczynski said that some of the federal programs were costing the taxpayer in taxes plus in -kind contributions and were being concentrated in certain areas of the city, with the money coming from the entire city. Council- man Newburn said he felt the general public had been given the wrong idea about federal funds. The city cannot carry its own burdens and rehabilitate its neighborhoods without federal help. In regard to crime, Councilman Newburn said he lives in the middle of it but has not run from it. He said he has shoveled rubble and debris. Efforts are being made but we need federal funds to help. Councilman Szymkowiak said that this was the Citizens Request part of the meeting and that the citizens should be allowed to speak now. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, asked if the Council has any control over salaries paid people hired under federal grants. She referred to -the fact that the Director of one of the Cabinet positions is being paid $15,000 this year, to go up to $16,000 next year and now he has an assistant who will be paid over $18,400 from a federal grant. Councilman Parent said the Council has negligible control. Councilman Nemeth said he agreed this situation creates morale problems but said our congressman would be the only man who could answer questions about federally funded salaries. Councilman Taylor said that to REGULAR MEETING OCTOBER 23, 1972 CITIZENS REQUESTS - MISCELLANEOUS MATTERS meet the challenges of the 1970's we do have to take advantage of federal funds and revenue sharing. He said the money is tax money we -are getting back and it must be spent wisely. He feels that the appointment of a local man to research federal money available and make recommen tions will give us local control. He said the Council will have input in revenue sharing which will amount to millions of dollars and will have a full voice in it. REPORT FROM AREA PLAN COMMISSION m October 18, 1972) The Honorable Common Council City of South Bend County -City Building South Bend, Indiana 46601 In Re: A proposed ordinance and site development plan of Nohl Lueneburg, agent for Arnold Golden, to zone from "A" and "B" Residential, "A" Height and Area, to "B" Residential, "B" Height and Area, property located at Riverside Drive, Rose Street, Cushing Street and Roosevelt Street in the City of South Bend. Gentlemen: The attached rezoning petition of Arnold Golden was legally advertised October 7 and October 14, 1972. The Area Plan Commission gave it a public hearing October 17, 1972 at which time the following action was taken: "A motion by Kenneth Woods was seconded by Robert Lehman and unanimously carried and the petition of Arnold Golden to zone from . "A" and "B" Residential to "B" Residential is recommended favorably to the Common Council by the Area Plan Commission subject to a final site plan." The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in excerpts of the minutes and will be forwarded to you at a later date to be made a part of this report. HB:lad If Very truly °yours, Howard Bellinger, Executive Director T Councilman Parent made a motion that the ordinance referred to in this report be set for public hearing and third reading on November 13, 1972. Councilman Taylor seconded the motion and it carried. Councilman Nemeth said that an ordinance in regard to the rezoning of property in Item 8B should now be stricken from the record as an amended ordinance has been filed and has had first reading. Councilman Parent made a motion that the ordinance regarding rezoning of 18343 State Road 23, filed on September 6, 1972, be stricken from the record, seconded by Councilman Taylor. The motion carried. REPORT FROM AREA PLAN COMMISSION m October 18, 1972 " The Honorable Common Council City of South Bend County -City Building South Bend, Indiana 46601 In Re: A proposed ordinance and site development plan of James P. Locker to zone from "C -1" Commercial to "C" Commercial, property located at 18343 State Route 23, City of South Bend. Gentlemen: The attached rezoning petition.of James P. Locker was legally advertised October 7 and October 14, 1972. It was given a public hearing by the Area Plan Commission on October 17, 1972, at which time the following action was taken: "Upon motion by Ted Sharp, seconded by Joseph.Simeri, and carried with Roger Parent abstaining, the petition of James P. Locker to zone from "C -1" Commercial to "C" Commercial is recommended favorably to the Common Council, subject to a final site plan." The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes and will be forwarded to you at a later date to be made a part of this report. Very truly yours, Howard Bellinger, Executive Director HB:lad If I Councilman Miller made a motion that the ordinance referred to in this report be set for 2nd reading, public hearing and 3rd reading on November 13, 1972, seconded by Councilman Horvath. The motion carried. RZGULAR MEETING OCTOBER 93 1972 REPORT FROM AREA PLAN COMMISSION I ID The Honorable Common Council City of South Bend County -City Building South Bend, Indiana 46601 In Re: A proposed ordinance and site development plan of Calvary Pentecostal Church, Inc. to zone from "A" Residential to "B" Residential, property located south of 3012 East Edison Road, South Bend. Gentlemen: The attached rezoning petition of Calvary Pentecostal Church, Inc, was legally advertised October 7 and October 14, 1972. The Area Plan Commission gave it a public hearing on October 17, 1972 at which time the following action was taken: "A motion by Robert Lehman that the petition of Calvary Pentecostal Church, Inc. to zone from "A" Residential to "B" Residential be recommended favorably to the Common Council subject to a final site plan, was seconded by Ted Sharp and unanimously carried." The deliberations of the Area Plan Commission and points considered in arriving at the above decisions are shown in the minutes and will be forwarded to you at a later date to be made a part of this report- Very truly yours, Howard Bellinger, Executive Director m Councilman Parent made a motion that the ordinance referred to in this report be set for 2nd reading, public hearing and 3rd reading on November 13, 1972, seconded by Councilman Miller The motion carried. REPORT FROM AREA PLAN COMMISSION m W The Honorable Common Council October 18, 1972 It City of South Bend County -City Building South Bend, Indiana 46601 In Re: A proposed ordinance and site development plan of James and Naomi Ford to zone from "A" Residential to "C" Commercial, property located on the northeast corner of Main Street and Ireland Road, City of South Bend. Gentlemen: The attached rezoning petition of James and Naomi Ford was legally advertised October 7 and October 14, 1972. The Area Plan Commission gave it a public hearing October 17, 1972 at which time the following action was taken: "Upon motion by Charles Bowers, seconded by Roger Parent and unanimously carried, the petition of James and Naomi Ford to zone from "A" Residential to "C" Commercial is favorable recommended to the Common Council by the Area Plan Commission subject to a final site plan." The deliberations of the-Area Plan Commission and points considered in arriving at the above decision are shown in excerpts of the minutes and will be forwarded to you at a later date to be made a part of this report. Very truly yours, Howard Bellinger, Executive Director W Councilman Horvath made a motion that the ordinance referred to in this report be set for 2nd reading, public hearing and 3rd reading on November 13, 1972, seconded by Councilman Taylor. Motion carried. REPORT OF THE COMMITTEE OF THE WHOLE Councilman Parent moved to waive the reading of the Committee of the Whole report, seconded by Councilman Taylor. The motion carried unanimously. ORDINANCES, THIRD READING ORDINANCE NO. 5448 -72 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA. (Ironwood - Inwood Retention Basin) This ordinance had third reading. Councilman Newburn made a motion that the ordinance pass, seconded by Councilman Kopczynski. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). REGULAR MEETING OCTOBER 23, 1972 ORDINANCES, THIRD READING (CONTINUED) ORDINANCE NO. 5449 -72 AN ORDINANCE AMENDING CHAPTER TWO "ADMINISTRATION" OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND. This ordinance had third reading. Councilman Parent made a motion to amend the ordinance as follows: In Paragraph W, fifth line, change the word "the" to "said ". In Paragraph CC, third line, change the word "passage" to "adoption ". Councilman Horvath seconded the motion and it carried. Councilman Kopczynski made a motion that the ordinance be passed, as amended, seconded by Councilman Taylor. The ordinance passed by a roll call vote of seven ayes (Councilmen Serge, Miller, Parent, Taylor, Kopczynski, Horvath and Nemeth) two nays (Councilmen Szymkowiak and Newburn). ORDINANCE NO. 5450 -72 AN ORDINANCE TRANSFERRING FUNDS IN THE TOTAL AMOUNT OF $11,500 FROM VARIOUS ACCOUNTS WITHIN THE MUNICIPAL SERVICES FACILITY BUDGET TO VARIOUS OTHER ACCOUNTS IN SAME MUNICIPAL SERVICES FACILITY BUDGET, ALL BEING WITHIN THE GENERAL FUND. This Ordinance had third reading. Councilman Taylor made a motion that the ordinance pass, as amended, seconded by Councilman Horvath. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). RESOLUTIONS RESOLUTION NO. 339 -72 A RESOLUTION AUTHORIZING THE TEMPORARY TRANSFER OF IDLE FUNDS TO THE GENERAL FUND, PARK MAINTENANCE FUND AND POLICE PENSION FUND OF THE CIVIL CITY OF SOUTH' . WHEREAS, a necessity exists to provide funds for the General Fund, the Park Maintenance Fund, and the Police Pension Fund of the City of South Bend, prior to the receipt of taxes in the year 1972, in order to meet the current running expenses of the City, provided for in the budget and appropriations adopted for the year 1972, which expenses must be met prior to the receipt of taxes in the year 1972, and WHEREAS, there are monies on deposit to the credit of Various funds of the City, to wit: Track Elevation Fund, Cumulative Sewer Building and Sinking Fund, Water Works Depreciation Fund, Main Extension Fund, Sewage Works Depreciation Fund and Sewage Works Improvement Fund, which can be temporarily advanced or transferred to such General Fund, Park Maintenance Fund and Police Pension Fund, and WHEREAS, Chapter 71 of the Acts of 1961 of the Indiana General Assembly authorizes the Common Council of the Civil City of South Bend by Resolution adopted by such Common Council, to advance and transfer to a depleted fund from any other such fund, such amount and for such period of time as may be prescribed in the Resolution, NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. That the City Controller of the City of South Bend is authorized to transfer an aggregate amount not to exceed $1,400,000 to the General Fund, Park Maintenance Fund and Police Pension Fund of the City of South Bend from various funds of the City, to wit: The Track Elevation Fund, Cumulative Sewer Building and Sinking Fund, Water Works Depreciation Fund, Main Extension Fund, Sewage Works Depreciation Fund and Sewage Works Improvement Fund. The aggregate amount of $1,400,000 to be distributed so as not to exceed the maximum amounts set forth below: General Fund . . . . Park Maintenance Fund. Police Pension Fund . $1,000,000 250,000 150,000 $1,400,000 SECTION II. Such transfer shall be made for a period not to extend beyond December 31, 1972, and such funds so transferred shall be returned and repaid to the original fund from which it was transferred. /s/ Roger 0. Parent Member of the Common Council Councilman Miller moved that the resolution be amended as follows.before it was read: In the second Whereas clause and in Section 1, delete the following accounts: Water Works Depreciation Fund, Main Extension Fund and Sewage Works Depreciation Fund. Add to Section 1: FROM: MAXIMUM Track Elevation Fund $75,000 Sewage Works Improvement Fund 100,000 Cumulative Sewer Building and Sinking Fund 1,225,000 1$1,400,000 Councilman Parent seconded the motion and it carried. TO : MAXIMUM Police Pension Fund Park Maintenance Fund Police Pension Fund Park Maintenance Fund General Fund $50,000 25,000 225,000 1,000,000 $1,400,000 A public resolution was held on the resolution at this time. Mr. James Barcome, City Controller, said that they are requesting authorization to transfer funds temporarily until fall tax money is received They feel this is a more economical procedure than borrowing, from local lending institutions. The funds are temporarily idle and not committed to any proect need. This procedure will save $20,000 in interest payments. Mr. Barcome said he wanted to make two points REGULAR MEETING OCTOBER 23, 1972 RESOLUTION NO. 339 -72 (CONTINUED) one that the City will not use the money if tax money can be received in time and two, the resolution is written so that a limit is set on the amount to be borrowed so that a reserve will be maintained in each fund as an operating balance in case of unforeseen disbursements from these funds. He said they are respectfully requesting Council approval of this Resolution. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, said that she had become aware of this situation last week and had been working with the Controller and the County Auditor and feels this is a good way to handle the situation. Councilman Kopczynski asked Mr. Barcome when the Track Elevation Fund was established and how much was in it. Mr. Barcome said he did not know when the fund was established but the funds have been dormant for many years. Miss Guthrie said that a Cumulative Track Elevation Fund was set up for just one year, sometime in the 1950's, and the money can only be used for track elevations. Councilman Miller said if this was going to be an annual situation, the Council might consider giving authorization on a permanent basis and these funds might be invested. Councilman Newburn and Szymkowiak said they would object to such an authorization but felt when money was needed, the Controller should come before the Council. Councilman Miller said what he had in mind was just an enabling ordinance. Councilman Parent moved for adoption of the resolution as amended, seconded by Councilman Szymkowiak. The resolution was adopted by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCES, FIRST AND SECOND READING ORDINANCE AN ORDINANCE FOR TRANSFER OF $40,000 FROM ACCOUNTS MVH -12 "Wages- Services Personal" MVH -52 "Rents - Current Charges" and MVH -722 "Motor Equipment- Propetties" TO ACCOUNT MVH -42 "Streets and Alley Materials" ALL BEING WITHIN THE STREET DEPARTMENT BUDGET OF THE GENERAL FUND. This ordinance had first reading. Councilman Taylor objected to the second reading at this time. Councilman Nemeth said that the title of the ordinance and Section I should be amended, changing "General Fund" to MVH Fund ", so moved by Councilman Parent, seconded by Councilman Taylor and carried. Councilman Miller moved that the ordinance be set for second reading, public hearing and third reading on November 13, 1972, seconded by Councilman Kopczynski. Motion carried. ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $29,000 FROM THE GENERAL FUND OF THE CUMULATIVE CAPITAL IMPROVEMENT FUND TO THE FOLLOWING ACCOUNTS IN THE CUMULATIVE CAPITAL IMPROVEMENT FUND: 73 PROPERTIES, $15,000; 44 "OTHER MATERIALS" $14,000; ALL BEING WITHIN THE CUMULATIVE CAPITAL IMPROVEMENT FUND. This ordinance had first reading. Councilman Taylor objected to the second reading and moved that the ordinance be set for second reading, public hearing and third reading on November 13, 1972. Councilman Kopczynski seconded the motion and it carried. ORDINANCE AN ORDINANCE AMENDING CITY CODE SEC. 15 -3 PROHIBITING THE SOUNDING OF LOCOMOTIVE WHISTLES OR HORNS WITHIN THE CITY OF SOUTH BEND TO PROHIBIT THE SOUNDING OF LOCOMOTIVE WHISTLES OR HORNS AT CERTAIN CROSSINGS. This ordinance had first reading. Councilmman Taylor objected to the second reading at this time and moved to set the ordinance for second reading, public hearing and third reading on November 13, 1972, seconded by Councilman Kopczynski. Motion carried. UNFINISHED BUSINESS Councilman Parent announced that the Urban Redevelopment Committee would hold a meeting on Wednesday evening, October 25 at 7:30 p.m. in the Council Chambers. A proposed ordinance on Architectural Barriers pertinent to physically handicapped persons will be discussed and anyone interested is invited to attend. Councilman Nemeth asked Councilman Szymkowiak for a report on an ordinance regarding alcoholic beverages which had been referred to Mr. Szymkowiak's Committee on Parks and Recreation. Mr. Szymkowiak said the Committee would meet within 10 days and would report to the Council. NEW BUSINESS Councilman Taylor said he would like an explanation of something which occurred last week. The Clemans Tire Center in Gilmer Park, south of the city limits, had a fire. The Gilmer Park Fire Department answered the call but their tanker ran out of water. Two calls for help were made, one to South Bend and one to Lakeville. Lakeville answered the call for help, South Bend did not. Mr. Taylor said he would like the City Clerk to write to either the Fire Chief or the Mayor and ask for an explanation. He said if the procedure is not to respond to calls outside the city limits he would like to know that. There being no further business to come before the Council, Councilman Taylor moved for adjourn- ment, seconded by Councilman Kopczynski. The motion carried and the meeting adjourned at 9 :30 pm ATTEST: CITY CLERK +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++