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HomeMy WebLinkAbout11-13-72 Council Meeting MinutesREGULAR MEETING NOVEMBER 13, 1972 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, November 13, 1972 at 8:00 p.m., Council President Peter J. Nemeth presiding. The meeting was called to order and the Pledge of Allegiance to the flag was given. ROLL CALL PRESENT: Councilmen Serge Szymkowiak, Miller, Parent, Taylor Kopczynski, Horvath, Newburn and Nemeth. ABSENT: None Councilman Parent made a motion to resolve into the Committee of the Whole, seconded by Councilman Taylor. 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, November 13, 1972 at 8:05 p.m. with nine members present, Chairman Odell Newburn presiding. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO. 4990 -68 CHAPTER 40 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, FORMERLY REFERRED TO AS ZONING ORDINANCE NO. 3702 AS AMENDED. (Riverside Dr., Rose St., Cushing St., Roosevelt St.) This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Edward Chapleau, Attorney, represented the petitioner, Arnold Golden, who is the developer of a quadrominium complex on this site. There will be four units in each building and the site is adjacent to the Riverside Apartments. They feel that this project is designed to fit the needs of the type of dwelling units to be built in this area. The Area Plan Commission has approved the rezoning subject to a final site plan. Mrs. Ann Wlodarski, Vice President of the Fair Tax Association, asked who is going to install sewage and water for this complex. Mr. Norman Pynaert, of Engineering Planning Services, said that sewage and water hook -ups already exist in the area. Councilman Nemeth asked for an estimate as to the increase in the property tax base. Mr. Chapleau said he did not have an exact figure but it would be substantial. Mr. Chapleau said that there would be 60 units built,that they would be modern dwelling units of brick or other construction and that the developer would pave all streets according to the existing requirements of the code. Councilman Kopczynski moved that the ordinance go to the Council as favorable, seconded by Councilman Serge. Motion carried. ORDINANCE AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA -1962 SECTION 40 AS AMENDED AND GENERAL ORDINANCE NO. 4990 -68, AND THE ACCOMPANYING MAP THERETO, GENERALLY KNOWN AS THE SOUTH BEND ZONING ORDINANCE BY CHANGING THE CLASSIFICATION OF THE USE DISTRICT FOR A CERTAIN PARCEL OF LAND. (18343 State Road 23) This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. William E. Voor: Jr., Attorney, spoke for the petitioners, James Locker and Lyle Burnside The rezoning is being requested to build a family food center on State Road 23 North. The lot is between a Kroger Store and a Sun Oil Com- pany station in a commercial area on 23. Mr. Voor then displayed a picture of a Mr. Quick facility similar to the one planned. The project has been approved by the Area Plan Commission and they have the permission of the people in the Turtle Creek Apartments to build the facility. Councilman Parent said that he had reservations about building this type of restaurant near an .apartment complex. Mr. Voor said that the Turtle Creek Apartments have a lot of young families and they feel this type of restaurant would be attractive to the young people. Councilman Kopczynski made a motion that the ordinance go to the Council as favorable, seconded by Council- man Taylor. The motion carried with Councilman Parent casting a nay vote. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA. (South of 3012 East Edison 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. George Roberts, Attorney, spoke for the petitioners, the Calvary Pentecostal Church. This petition involves 3.6 acres just south of the Crest Wood Garden Apartment complex. This development was so successful they have decided to build 64 more units, which will include one and two bedroom units and townhouses. There will be no access from the 3.6 acres directly onto public streets. The Area Plan Commission has recom- mended the project favorably and they are requesting favorable Council action. Councilman Horvath made a motion that the ordinance go to the Council as favorable, seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA. (N.E. CORNER, MAIN ST. AND IRELAND ROAD) This being the time heretofore set for public hearing on this ordinance, proponents and opponents were given an opportunity to be heard thereon. Mr. Jack C. Dunfee, Attorney, substituting for Attorney Arthur Diamond, spoke for Mr. James Ford, the petitioner. The request involves a tract of land on Ireland Road, to the West of Michigan Street, which is 200 ft. by 120 ft. They are asking for "C" Commercial zoning to allow construction of a 70 to 90 seat, eat -on- the - premises restaurant. The Fords have operated a Dairy Queen just south of Ireland Road on U.S. 31 for many years. There are some details to be worked out in the final site development plan. The ordinance requires a 25 foot setback from Ireland Road but the City Engineer has asked for a 35 foot setback to allow for future widening of Ireland Road. The petition was unanimously approved by the Area Plan Commission. Councilman Horvath asked if the building would face Main St. or Ireland Road and if there would be access off Ireland Road. Mr. Dunfee said at the present time he is not sure whether the building will face Ireland Road but that access will be from Main Street. Councilman Taylor made a motion that the ordinance go to the Council as favorable, seconded by Councilman Kopczynski. Motion carried. REGULAR MEETING NOVEMBER 13, 1972 ORDINANCE AN ORDINANCE FOR TRANSFER OF $40,000 FROM ACCOUNTS MVH -12 "WAGES- SERVICES PERSONAL ", MVH -54 "RENTS - CURRENT CHARGES ", AND MVH -722 "MOTOR EQUIPMENT- PROPERTIES ", TO ACCOUNT MVH -42 "STREETS AND ALLEY MATERIALS ", ALL ACCOUNTS BEING WITHIN THE STREET DEPARTMENT BUDGET OF THE MVH FUND. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard thereon. Mr. William Richardson, Director of Public Works, explained that since the preparation of the 1973 budget, they have analyzed the accounts in the 1972 budget. They have not replaced a number of employees who have retired or quit and have not used all the rental and motor equipment property accounts. They would like these funds transferred to Streets and Alley Materials. They consulted with the State Board of Accounts men and were given permission to purchase these materials out of money from the Local Road and Street Fund which will be replaced. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, asked Mr. Richardson, since they have reduced the total work force and are transferring funds, if the department was overbudgeted for 1972. Mr. Richardson said he did not believe so. In response to a question from Councilman Serge, Mr. Richardson sa_c that the materials to be purchased included salt and aggregate material for alleys. Councilman Nemeth said he could find no reference to the item MVH -42 in the 1973 budget and Mr. Richardson explained that street and alley materials were broken down in separate aggregate and bituminous items in the 1973 budget. Councilman Szymkowiak made a motion that the ordinance go to the Council as favorable, seconded by Councilman Kopczynski. Motion carried. ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $29,000.00 FROM THE GENERAL FUND OF THE CUMULATIVE CAPITAL IMPROVEMENT FUND TO THE FOLLOWING ACCOUNTS IN THE CUMULATIVE CAPITAL IMPROVEMENT FUND: 72 "PROPERTIES" $15,000.00. 44 "OTHER MATERIALS ", $14,000.00; ALL BEING WITHIN THE CUMULATIVE CAPITAL IMPROVEMENT FUND. This being the time heretofore set for public hearing on the above ordinance, proponents were given an opportunity to be heard. Mr. William Richardson, Director of Public Works, explained that this is the residue of money left over from the Portage Avenue Bridge project. Such funds from federal projects can lay around for 2 or 3 years until after an audit has been made. They have now released $29,000 back to the Cumulative Capital Improvement Fund. The Properties Account in the CCIF has been depleted by the funds used for the Northeast Code Enforcement Project. The Other Materials Account has been depleted because of money spent primarily for slag materials going into alleys. Councilman Szymkowiak made a motion that the ordinance go to the Council as favorable, seconded by Councilman Serge. Motion 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 being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard thereon. Mr. Charles Sweeney, Jr., City Attorne, explained that this ordinance will accompany a petition to the Public Service Commission which would exemp certain crossings from the blowing of whistles. The past state legislature changed the law to provide that all trains must blow their whistles at crossings They have allowed cities to petition for exemptions for certain crossings. Mr. Sweeney said that with the ordi.nanc and the petition, they will submit photographs of the six crossings and a chart showing the average week -day vehicular traffic for each crossing, the number of accidents in the last ten years and the number of fatalities in the last forty years. Mr. Sweeney then read the following information from the chart: Mrs. Audrey Conley, 1711 Belmont Street, said that the Grand Trunk Railroad is almost in her backyard. She said the train whistles are not too bad during the daytime, but are objectionable at night and particularly at two o'clock in the morning. Councilman Szymkowiak said that the matter of train whistles had been brought up by the lst and 2nd District Councilmen and questioned why crossings in those districts were not included in the ordinance. Mr. Sweeney said that the ordinance was prepared at the direction of the Council and that this will be a test case. They will systematically petition for other areas where they can provide supporting data. Councilman Kopczynski said that he still would like an answer as to why the lst and 2nd Districts did not have any crossings included in this ordinance. Mr. Sweeney repeated that the Council directed his department to prepare this ordinance covering these protected crossings. Councilman Taylor asked Mr. Sweeney if he was satisfied that if the ordinance passed and there is an accident at one of these crossings the city will not be liable.. Mr. Sweeney said that he was satisfied and that the only time the city would be sub- ject to a lawsuit would be if there was a malfunction that the city was aware of. Councilman Serge asked Mr. Sweeney about certain crossings in the lst District, particularly the Wilbur Street crossing used by many school children. Mr. Sweeney said that he was aware of the problem with these crossings but said that they are without flashers or arms and that there must be some means of protecting vehicular traffic. Councilman Miller moved that the ordinance go to the Council as favorable, seconded by Councilman Taylor. The motion carried with Councilman Kopczynski casting a nay vote. There being no further business to come before the Committee of the Whole, Councilman Parent made a motion to rise and'report to the Council, seconded by Councilman Taylor. Motion carried. ATTEST: AT TES . CITY CLERK— CHA I Rb ACCIDENTS FATALITIES CROSSING VEHICULAR TRAFFIC A DAY LAST TEN YEARS LAST FORTY YEARS Greenlawn 2,875 1 None Ironwood 10,487 None None 26th Street 2,723 None 2 30th Street 2,283 None None 35th Street 1,025 None None Logan Street 11,624 None 2 Mrs. Audrey Conley, 1711 Belmont Street, said that the Grand Trunk Railroad is almost in her backyard. She said the train whistles are not too bad during the daytime, but are objectionable at night and particularly at two o'clock in the morning. Councilman Szymkowiak said that the matter of train whistles had been brought up by the lst and 2nd District Councilmen and questioned why crossings in those districts were not included in the ordinance. Mr. Sweeney said that the ordinance was prepared at the direction of the Council and that this will be a test case. They will systematically petition for other areas where they can provide supporting data. Councilman Kopczynski said that he still would like an answer as to why the lst and 2nd Districts did not have any crossings included in this ordinance. Mr. Sweeney repeated that the Council directed his department to prepare this ordinance covering these protected crossings. Councilman Taylor asked Mr. Sweeney if he was satisfied that if the ordinance passed and there is an accident at one of these crossings the city will not be liable.. Mr. Sweeney said that he was satisfied and that the only time the city would be sub- ject to a lawsuit would be if there was a malfunction that the city was aware of. Councilman Serge asked Mr. Sweeney about certain crossings in the lst District, particularly the Wilbur Street crossing used by many school children. Mr. Sweeney said that he was aware of the problem with these crossings but said that they are without flashers or arms and that there must be some means of protecting vehicular traffic. Councilman Miller moved that the ordinance go to the Council as favorable, seconded by Councilman Taylor. The motion carried with Councilman Kopczynski casting a nay vote. There being no further business to come before the Committee of the Whole, Councilman Parent made a motion to rise and'report to the Council, seconded by Councilman Taylor. Motion carried. ATTEST: AT TES . CITY CLERK— CHA I Rb REGULAR MEETING NOVEMBER 13,1972 REGULAR MEETING - RECONVENED Be it remembered that the regular meeting of the Common Council of the City of South Bend, Indiana reconvened in the Council Chambers at 8:55 p.m., Council President Peter J. Nemeth presiding. REPORT FROM COMMITTEE ON MINUTES Your committee on the inspection and supervision of the minutes would respectfully report that they have inspected the minutes of the October 23, 1972 regular meeting and the November 6, 1972 special meeting of the Council and found them correct. They, therefore, recommend that the same be approved. /s/ Peter J. Nemeth /s/ Terry S. Miller Councilman Taylor made a motion that the report be accepted as read and placed on file, seconded by Councilman Parent. The motion carried. CITIZENS REQUESTS - MISCELLANEOUS MATTERS Mrs. Barbara Vaszari, 830 S. Falcon Street, spoke on the problem of crime. She said that her husband was the victim of an armed robbery recently. She said they have talked to police officer; who told them that the Police Department's authority is only to patrol and correct. She feels more should be done to prevent crime. She asked that politics be taken out of the Police Depart- ment so that the officers can do a-•more professional job. She mentioned that Mayor Miller had campaigned strongly on the issue of law and order and said that his administration should give top priority to fighting crime. She asked the Council what they would do about lawlessness and juvenile crime. She said that she intended to carry on a vendetta against crime and that she would be back before.the Council again and again until something is done. Councilman Taylor thanked Mrs. Vaszari for making her views known and said that the Council is highly concerned about these things, also. He said he believes the Police Department needs an increase in man- power. He said that South Bend is one of three cities of its size in the country where there are more firemen than policemen. He also suggested that special task forces be created on the Police Department to saturate high crime areas at peak crime hours. He pointed out that additional street lighting in some areas could help to prevent crime. Councilman Newburn said that the Council is a legislative body and that they can only make sug- gestions to city departments. He feels that a better educational program on the Police Depart - ment would help in providing better trained officers and also favors elimination of politics in the department. Councilman Parent said that the problem of crime is very complex and there is no simple answer. He said drugs are a major cause of the problem and that schools are not meaningful to young people, encouraging drop -outs. The prisons do not rehabilite the prisoners and this is another factor. He feels the citizens must participate, working through neighborhood groups and support- ing law enforcement. He said when the citizens are willing to put up the money for schools and prison reform, we will see crime reduction but we will need a large amount of money. Councilman Kopczynski said that the Council can appropriate money for additional policemen;. but the Council has no direct authority over the Police Department. The Police Chief answers to the Board of Public Works. He said that the Common Council meeting is the only meeting held in the evening when most citizens can attend and many things are brought before the Council meeting over which the Council has no authority. Mr. Leo Wallisch, 446 LaPorte Avenue, also spoke on the problem of crime and said he understood Mrs. Vaszari's feelings. He spoke of incidents of crime occurring in the daylight hours. He said that parents are responsible for crimes committed by their minor children and that their names should be made public. He thinks that the Police Department should have more dogs, that the "frisk" law should be enforced, and that the Department should try to prevent people from converging in large groups which, many times, results in policemen being stoned. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, said that it is her understanding that Indiana is one of two states in the country that allows a person out on bond to get a second bond. She said if this is true, we should contact our state legislators to see if the law can be repealed. Miss Fanny Grunwald, 227 S. Frances Street, asked how much power the state has over the Council. She said that in the matter of the train whistles and of the Associates rezoning, the State overruled the City Council. Councilman Parent said that cities and towns are creatures of the state but he said that the state did not overrule the Council in the Associates matter. Rev. Clifford L. Fidler, 1108 N. Lawrence Street, said that the result of so much crime is that people are banding together to take the law into their own hands. He said people are basically good but if they are pushed too far, they will act Councilman Szymkowiak said he feels sorry for the citizens and the small businessmen who are being hurt by crime. He said the fault lies with the parents. Children are not in school, they are walking the streets, and he asked where the parents and the school authorities are. Councilman Nemeth said that the answer to the problem lies with the state legislature. The police enforce the laws and changes in the existing laws may be a solution. Councilman Horvath said that the questions being asked here tonight are questions the Council can't answer. He asked that the police chief be asked to come to a Council meeting to answer the questions. Councilman Kopczynski said that the victim of the crime should be remunerated not the criminal. He suggested that the Council could pass an ordinance to compensate victims of crime. Mrs. Lucianne Fidler, 1108 Lawrence Street, said that her place of business has had the windows broken out several times and that a young boy has offered to sell protection to her. She has complained to the police but they say there is nothing that can be done. She complained of large groups of people congregating on the streets, causing disturbances and noise, with nothing done about this either. She warned that if some action is not taken, people will band into vigilanti groups. Councilman Serge said, as a businessman, he is also concerned about crime. He mentioned an incident of vandalism and property damage to a bank in his district where the police were con- tacted but no report was ever made. Councilman Miller said that he has done everything in his power to work on the problem. He said everyone is aware of the problem but people are against the solutions*suggested. He suggested the best thing might be to ask the Police Chief to attend a meeting and made a motion that the City Clerk be instructed to write to Chief Seals asking him to appear at the next Council to present to the Council the Department's program for crime prevention in South Bend, along with the crime statistics of the Department for the past year, and to answer questions of the citizens. Councilman Taylor seconded the motion and it carried. REGULAR MEETING NOVEMBER 13, 1972 PETITIONS PETITION TO REZONE PROPERTY - West Side of Miami Road, South of Ireland Road We, the undersigned, do hereby respectfully make application and petition the City of South Bend, Indiana to amend the Zoning Ordinance of the City of South Bend, Indiana as hereinafter requested, and in support of this application the following facts are shown: 1. The property sought to be rezoned is located at: The West side of Miami Road, beginning 740 -15 feet South of Ireland Road, and running thence South 347.5 feet, more or less. 2. The property is owned by : Southold Downs, Inc.; James F. Peacock, Mary Anna Peacock, Robert R. Allen and Dorothy A. Allen. 3. A legal description of the property is as follows: A tract of land in the Southeast Quarter of Section 25, Township 37 North, Range 2 East, St. Joseph County, Indiana, more particularly described as follows: Beginning at a point on the East line of said Southeast Quarter 730.15 feet South of the Northeast corner of said Southeast Quarter; thence West 420.00 feet to a point; thence South a distance of 347.5 feet, more or less, to a point on the North line of the Widner Addition; thence East :420.00 feet to a point on the East line of said Section, said East line being also the center of Miami Road; thence North along said East line 347.5 feet, more or less, to the Point of Beginning; said tract containing + 3.43 acres, subject to Legal Highways. 4. It is desired and requested that the foregoing property be rezoned from "A" Residential Use and "A" Height and Area District to "C -1" Commercial Use and "Al! Height and Area District. 5. It is proposed that the property will be put to the following use and the following building will be constructed: A two -story building with full basement consisting of approximately 10,000 square feet per floor will be constructed for use as a branch banking facility and general office building. 6. Number of off - street parking spaces to be provided: One Hundred Twelve (112) off street parking spaces, as required by the Zoning Ordinance of the City of South Bend, as amended. 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; c) site development plan. SOUTHOLD DOWNS, INC.: JAMES F. PEACOCK, MARY ANNA PEACOCK, ROBERT R. ALLEN AND DOROTHY A. ALLEN BY: THORNBURG, McGILL, DEAHL, HARMAN, CAREY & MURRAY /s/ Stephen A. Seall Sixth Floor, First Bank Building South Bend, Indiana 46601 Attorneys for Petitioners Petition Prepared By: Stephen A. Seall Councilman Nemeth said that this petition refers to the same matter contained in Item 11E on the Agenda and that action would be delayed until that part of the agenda was reached. REPORT OF THE COMMITTEE OF THE WHOLE Councilman Taylor made a motion to waive the reading of the Report of the Committee of the Whole report, seconded by Councilman Kopczynski.'The motion carried unanimously. ORDINANCES, SECOND READING ORDINANCE NO. 5451 -72 AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO. 4990 -68, CHAPTER 40 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, FORMERLY REFERRED AS THE ZONING ORDINANCE NO. 3702 AS AMENDED. (Riverside Dr., Rose St., Cushing St. and Roosevelt St.) This ordinance had second reading. Councilman Parent made a motion that the ordinance pass, seconded by Councilman Taylor. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE NO. 5452 -72 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA -1962, SECTION 40 AS AMENDED AND GENERAL ORDINANCE NO. 4990 -68, AND THE ACCOMPANYING MAP THERETO, GENERALLY KNOWN AS THE SOUTH BEND ZONING ORDINANCE BY CHANGING THE CLASSIFICATION OF THE USE DISTRICT FOR A CERTAIN PARCEL OF LAND. (18343 State Road 23) This ordinance had second reading. Councilman Taylor made a motion for passage of the ordinance, seconded by Councilman Horvath. The ordinance passed by a roll call vote of eight ayes (Council - men'Zerge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Newburn and Nemeth), one nay (Councilman Parent). ORDINANCE NO. 5453 -72 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA. (South of 3012 East Edison Road) This ordinance had second reading. Councilman Serge made a motion for passage of the ordinance, seconded by Councilman Taylor. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge,.Szymkowiak, Parent, Miller, Taylor, Kopczynski, Horvath, Newburn and Nemeth). REGULAR MEETING NOVEMBER 13, 1972 ORDINANCES, SECOND READING (CONTINUED) ORDINANCE NO. 5454 -72 AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68 AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA. (NE CORNER, MAIN ST. AND IRELAND ROAD) This ordinance had second reading. Councilman Taylor made a motion that the ordinance be passed, seconded by Councilman Kopczynski. The motion carried by a roll call vote of nine ayes (Council- men Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE NO. 5455 -72 AN ORDINANCE FOR TRANSFER OF $40,000 FROM ACCOUNT MVH -12 "WAGES- SERVICES PERSONAL ", MVH -52 "RENTS- CURRENT CHARGES ", AND MVH- 722, "MOTOR EQUIPMENT- PROPERTIES ", TO ACCOUNT MVH -42 "STREETS AND ALLEY MATERIALS ", ALL `ACCOUNTS BEING WITHIN THE STREET DEPARTMENT BUDGET OF THE MVH FUND. This ordinance had second reading. Councilman Parent made a motion for passage of the ordinance,) seconded by Councilman Szymkowiak. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth }. ORDINANCE NO. 5456 -72 AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $29,000.00 FROM THE GENERAL FUND OF THE CUMULATIVE CAPITAL IMPROVEMENT FUND TO THE FOLLOWING ACCOUNTS IN THE CUMULATIVE CAPITAL IMPROVEMENT FUND: 72 "PROPERTIES ", $15,000.00; 44 "OTHER MATERIALS ", $14,000.00; ALL':` -BEING WITHIN THE CUMULATIVE CAPITAL IMPROVE- MENT FUND. This ordinance had second reading. Councilman Newburn made a motion that the ordinance pass, seconded by Councilman Taylor. The ordinance passed by a roll call vote of nine ayes (Council- men Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE NO. 5457 -72 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 second reading. Councilman Kopczynski said that he spoke in opposition to this ordinance because of-:not' including the crossings in other areas of the city in the ordinance He said he felt the ordinance should cover the entire city. Councilman Miller made a motion that the ordinance pass, seconded by Councilman Taylor. City Attorney Charles A. Sweeney, Jr. said it had been called to his attention that most of the crossings in the 1st and 2nd districts were unprotected and were left out for that reason. Councilman Horvath said he felt this ordin- ance should be passed as a test case and the Council could then pass ordinances covering other crossings. The question was called and 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. 340 -72 A RESOLUTION FOR TRANSFER OF FUNDS IN THE GENERAL PARK FUND - $16,420.56. THE TRANSFER IS BEING MADE IN THE SAME BUDGET CLASSIFICATIONS WITHIN THE GENERAL�PARK FUND. WHEREAS, certain extraordinary conditions have developed since the adoption of the existing annual budget so that it is now necessary to transfer money from one account to another in the same category in the annual budget for various functions of the Department of Public Parks to meet such extraordinary emergencies and WHEREAS, it has been ascertained that certain accounts in the Park General Fund have more money than is needed at this time NOW, THEREFORE, BE IT RESOLVED,- by the Common Council of the City of South Bend: SECTION 1. That the following accounts be reduced in the amounts set opposite said accounts, to -wit: ACCT. NO. CLASSIFICATION ITEM AMOUNT 12 Services Personal Wages $6,635.56 23 Services Contractual Instruction 440.00 222 Services Contractual Gas 1,000.00 213 Services Contractual Travel 300.00 261 Services Contractual Other Contractual 1,500.00 262 Services Contractual Band Concerts 1,065.00 362 Supplies Stationery & Printing 480.00 62 Current Obligations Social Security 6,000.00 $17,420.56 REGULAR MEETING NOVEMBER 13, 1972 RESOLUTION NO. 340 -72 (CONTINUED) SECTION II. That the following accounts be increased in the amounts set opposite said account to -wit: ACCT. NO. 11 13 221 372 64 CLASSIFICATION Services Personal Services Personal Services Contractual Supplies Current Obligations ITEM AMOUNT Salaries $2,491.82 Overtime 4,143.74 Electric Current 4,305.00 Zoo Feed 480.00 Employees Group Insurance 6,000.00 $17,420.56 That the transfer of funds as set forth in Sections 1 and 2 are required for the proper and efficient operation and function of the Department of Public Parks of South Bend and an extraordinary emergency is declared to exist concerning the foregoing transfer. This resolution shall be in full force and effect from and after its passage by the Common Council of the City of South Bend. /s/ Peter J. Nemeth Member of the Common Council A public hearing was held on the resolution at this time. Mr. Robert Niezgodski, Assistant Superintendent of Parks, Business, said that this transfer is needed for the operation of the Park Department for the balance of the year. The transfer in the Services Personal Account is needed to balance the accounts in the Controller's office with the Park ledger, because of some computer errors. The transfer to the Zoo Feed account is needed to pay a bill received in October for horse meat. The transfer in the Group Insurance Account is needed because of the increased cost of employees group insurance. Councilman Kopczynski made a motion that the resolution be adopted, seconded by Councilman Taylor. The resolution was adopted by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). RESOLUTION NO. 341 -72 A RESOLUTION EXPRESSING THE DESIRE OF THE COMMON COUNCIL FOR A REDUCTION OF 11� IN THE PROPERTY TAX RATE FOR 1973. WHEREAS, the City of South Bend will be receiving certain federal monies under the State and Local Fiscal Assistance Act of 1972, commonly referred to as Revenue Sharing; and WHEREAS, the Common Council is interested in applying a portion of said funds to direct property tax relief for 1973; and WHEREAS, the Common Council desires to publicly express its intent to reduce 114� from the tax rate for 1973; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend: SECTION I. That the Indiana State Board of Tax Commissioners be requested to eliminate the 11l� property tax rate for the Motor Vehicle Highway Fund, �x�r3- ess- -sai- e3- 3- i- ior- �votx -l--r� e-e amotrn of- xe --str- ice}- �xe�� -- pay- a�- l�0- �3o- f- rxt-i- on the basis that the Common Council will apply revenue sharing funds to replace said monies in said fund. SECTION II. That a copy of this Resolution be presented to the Indiana State Board of Tax Com- missioners at their Public Hearing concerning the tax rate for the City of South Bend. /s/ Peter J. Nemeth Member of the Common Council A public hearing was held on the resolution at this time. Vice President Walter Szymkowiak took the chair so that Council President Peter J. Nemeth could make the presentation for the resolution. Mr. Nemeth said that Revenue Sharing places a tremendous responsibility on the Council. It gives local government a chance to show that it is competent to handle revenue sharing funds. The federal government will be watching closely. The public hearing held on Revenue Sharing clearly indicated that the citizens feel first priority should go to direct property tax relief. This resolution would reduce the 11l� levy for the Motor Vehicle Highway Fund from the 1973 budget, with the money to be replaced from the revenue sharing funds. The MVH Fund was not on the tax rate in previous years but the present Governor took away the motor vehicle funds and it was necessary to fund this department with local property taxes. It is hoped that the new governor might be persuaded to release these funds to the cities. The State Board of Tax Commissioners will hold hearings this week in South Bend and it is important that we go on record with our intention to reduce the rate for 1973, in the event that money comes back from the State of Indiana too late to take it off the tax rate. We are taking this step to show the people of South Bend that we are concerned with reducing the property tax rate for 1973. Mr. Nemeth said that Mr. Charles Lennon had pointed out that, by lowering taxes, we might be jeopardizing our chances to get additional revenue sharing funds. With this in mind, Mr. Nemeth then moved that the resolution be amended as follows: In Section I, Line 3, add after Motor Vehicle Highway Fund ;unless said elimination would reduce the amount of revenue sharing funds payable to the City of South Bend. ". Councilman Parent seconded the motion. Councilman Kopczynski said he felt the motion to amend was out of order at this time and asked for clarifi- cation of the reason for the amendment. Mr. Nemeth said, since they don't know for sure whether this lowering of the taxes would affect future revenue sharing funds, they feel the resolution should be amended. Mr. Charles Lennon said that the Department of the Treasury has not yet decided on the formula for determining the amount of money to be received. It is not clear whether they will use the 1967 data that they have or will review the facts and determine to use the 1970 data. Mrs. Ann Wlodarski asked if the public would have a chance to hear what was going to be done with the rest of the revenue sharing money. Councilman Taylor pointed out that a public hearing was held to allow the citizens to voice their opinions and that the Administra- tion and City Agencies and Departments would work together on this decision. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, said that this 114� reduction was one of the recommendations of the Association and that they support the resolution. REGULAR MEETING RESOLUTION NO. 341 -72 (CONTINUED) Councilman Kopczynski read the following letter into the record: NOVEMBER 13, 1972 " November 9, 1972" Civic Planning Association 403 Lincolnway West South Bend, Indiana Gentlemen: I am critical of the recommendation that Miss Guthrie and the Civic Planning Association made to cut ll� from the Motor Vehicle Highway Fund, that is the Street Department. We have a critical alley problem; we have a critical street problem, and old equipment that needs replacement. This should be the last area to cut taxes. There must be some other non -vital area in which taxes may be cut. The taxpayer gets little in direct services now; I think it is very appalling indeed to cut more direct services from the taxpayers. I am sure cuts in non - essential, non - service programs can be made. With the kind of recommendation that the Civic Plan- ning Association makes, it is hard to believe that they are truly the taxpayer's friendly representatives. The members of the Council should take care of the taxpayers' needs and services and not cut them. Other areas should be considered for tax reductions, but not the Street Department Fund. This Department had 12 men cut already in the 1973 budget. We can't cut here and provide even the minimal service needed. Revenue sharing was meant to supplement local funds and not replace them. We have many major repairs that were needed through the years, but we could never get to them without raising taxes, so consequently those necessary repair programs were laying dormant. The revenue sharing funds should be used for that kind of program. Sincerely, Walter T. Kopczynski Sixth District Councilman IE IE Councilman Kopczynski then said he would ask the Council to table this resolution. He said he does not feel the Council should act hastily on cloudy issues. Councilman Miller asked how you would determine what non -vital money would be cut. Councilman Kopczynski said he felt the budget should be cut when it was being considered but did not get any support. He said streets and alleys have been let go in the last eight years and now there is much work to be done. He said he does not want to be identified with an administration that is not doing the job. Councilman Parent said that he would like to point out that Revenue Sharing is an experiment and is called so by the Federal Government. They will be watching to see how we spend the funds. He said that using approximately $270,000 out of 1.8 million dollars to effect an immediate and direct cut in the tax rate is a wise move, and not exorbitant. Councilman Parent then moved that the resolution be amended as follows: In Section 1, line 3, add after the words Motor Vehicle Highway Fund ", unless said elimination would reduce the amount of revenue sharing funds payable to the City of South Bend. ". Councilman Taylor seconded the amendment and said that he did not feel this was a cut in services but an elimination of 11,� from the property tax rate. The question was called on the motion to amend and the motion carried, Councilman Kopczynski casting a nay vote. Councilman Taylor made a motion that the resolution be adopted as amended, seconded by Councilman Miller. The resolution was adopted by a roll call vote of eight ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Horvath, Newburn and Nemeth), one nay (Councilman Kopczynski). ORDINANCES, FIRST READING ORDINANCE NO. 5458 -72 AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE AND TRUST - INDENTURE AND ECONOMIC DEVELOPMENT REVENUE BONDS AND THE FORM AND TERMS OF THE LEASE AND TRUST INDENTURE AND BONDS AND THE ISSUANCE OF ECONOMIC DEVELOPMENT REVENUE BONDS PERTAINING TO HOFFMAN BROS. SALES AND SERVICE AND /OR AUTO ELECTRIC WAREHOUSING, INC. This ordinance had first reading. Councilman Parent made a motion to suspend the rules and hold the public hearing and second reading at this time. Councilman Taylor seconded the motion and it carried unanimously. Mr. Kenneth Fedder, Attorney for the Economic Development Commission, said that this ordinance is for an issue of economic development revenue bonds for Hoffman Bros. for construction of an addition to their facility at 1110 E. Madison Street to provide additional warehouse space. It will involve up to 10 new employees. They are the distributors of auto- mobile accessories and parts. The construction will be of brick and steel and will be an improve. ment to the surrounding neighborhood. There will be an increased payroll, an increase in the tax base, and it will in no way become a tax liability for the City of South Bend. The ordinance had second reading. Councilman Parent made a motion for passage of the ordinance, seconded by Councilman Taylor. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE NO. 5459 -72 AN ORDINANCE TO APPROPRIATE $25,000.00 FROM THE LOCAL ROAD AND STREET FUND TO THE ACCOUNT "SERVICES CONTRACTUAL" WITHIN THE LOCAL ROAD AND STREET FUND FOR USE IN ACQUIRING RIGHT - OF -WAY FOR PROJECT R & S 47. This ordinance had first reading. Councilman Parent made a motion that the rules be suspended REGULAR MEETING NOVEMBER 13, 1972 and the public hearing and second reading of the ordinance be held at this time. Councilman Kopczynski seconded the motion and it carried unanimously. Mr. William Richardson, Director of Public Works, said that this project involves the S. Main St. and Chippewa intersection. The project is to be paid for 3/4 from the Local Road and Street Fund and 1/4 from the Cumulative Capital Improvement Fund. The Council has authorized appropriation of money for this project. They have found that they are going to need an additional $25,000 from the state to pay for the acquisition of right -of -ways for the project. No matching funds are required for this project. The ordinance had second reading. Councilman Newburn made a motion that the ordinance pass, 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). ORDINANCE AN ORDINANCE FOR THE TRANSFER OF FUNDS WITHIN THE FIRE DEPARTMENT BUDGET IN THE AMOUNT OF $18,746.38 FROM ACCOUNT Q -11 "SERVICES PERSONAL ", TO ACCOUNT Q -52 "RENTS" (LEASE- PURCHASE OF NEW FIRE TRUCKS) :IN ":THE AMOUNT OF $17,420.63 AND TO Q 726 "OTHER EQUIPMENT" IN THE AMOUNT OF $1,325.75, ALL ACCOUNTS BEING WITHIN THE GENERAL FUND. This ordinance had first reading. Councilman Taylor made a motion that the ordinance be set for public hearing and second reading on December 4, 1972. Councilman Serge seconded the motion and it carried. ORDINANCE AN ORDINANCE FOR THE TRANSFER OF FUNDS WITHIN THE POLICE DEPARTMENT BUDGET IN THE AMOUNT OF $2,500.00 FROM ACCOUNT P -12 "SERVICES PERSONAL" TO ACCOUNT P -262, "MEDICAL, SURGICAL & DENTAL ", BOTH ACCOUNTS BEING WITHIN'E GENERAL FUND. This ordinance had first reading. Councilman Taylor made a motion that the ordinance be set for public hearing and second reading on December 4, 1972. Councilman Horvath seconded the motion. Motion carried. ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68 , AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 40, MUNICIPAL CODE). (WEST SIDE OF MIAMI ROAD, SOUTH OF IRELAND ROAD) This ordinance had first reading. Councilman Newburn moved that the ordinance be referred to Area Plan Commission, along with the petition contained in Item 7 on the Agenda, for their recommendation. Councilman Taylor seconded the motion and_'.it carried. UNFINISHED BUSINESS Councilman President Peter J. Nemeth said that, due to the meeting of the League of Cities and Towns, the rules should be suspended and the regular meeting of November 27, 1972 should be cancelled, substituting the date of December 4, 1972 for the meeting, and also that the meeting of December 11, 1972 should be cancelled, substituting the date of December 18, 1972 for that meeting, so moved by Councilman Parent, seconded' by Councilman Taylor. The motion carried unanimously. NEW BUSINESS Councilman Taylor said that he wished to publicly commend City Engineer William Richardson for doing his homework well and coming out with his projected Public Works Program which appeared in an article in the South Bend Tribune. It helps the Council a great deal when our city officials give us insight as to what their plans are for the future so we can act with some degree of intelligence, Councilman Taylor said. Councilman Nemeth said that all the members of the Council join in that commendation. There being no further business to come before the Council, Councilman Taylor made a motion to adjourn, seconded by Councilman Horvath. The motion carried and the meeting adjourned at 10:35 p.m. ATTEST: 4" "t- CITY CLERK X +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + +_11___