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HomeMy WebLinkAbout02-26-73 Council Meeting Minutes++++++++++++++++++++++++++++++++++++++++++++++# 7F#+ 4±+±++ f++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++ REGULAR MEETING FEBRUARY 26, 1973 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, February 26, 1973, at 8:04 p.m., Council President Peter J. Nemeth presiding. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL PRESENT: Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth. ABSENT: None. Council President Nemeth recognized Boy Scout Troop No. 436 from the Trinity Grace United Methodist Church, which troop was in attendance at the meeting. Councilman Horvath made a motion to resolve into the Committee of the Whole, seconded by Councilman Taylor. The motion carried. COMMITTEE OF THE WHOLE MEETING Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on Monday, February 26, 1973, at 8:06 p.m., with nine members present. Chairman Odell Newburn presided. ORDINANCE 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 K & F MANUFACTURING COMPANY, AN INDIANA PARTNERSHIP. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Kenneth Fedder, Attorney for the Economic Development Commission, made the presentation for the ordinance. Mr. Fedder indicated that this REGULAR MEETING FEBRUARY 26 .1973 COMMITTEE OF THE WHOLE MEETING (CONTINUED) ordinance had previously come before the Council for consideration; however, a number of questions had been raised and it was the Council's desire to continue the public hearing to this meeting. He mentioned that one of the questions previously raised dealt with the matter of potential annexation. He presented a waiver of annexation to the Council which he had obtained from K & F Manufacturing, dated February 26, 1973, whereby the petitioner waived its right to protest the City of South Bend's right to annex. He mentioned that the waiver was signed by the president of K & F Manufacturing, and the waiver contained the legal description of the property. He indicated that the Commission felt it was in the best interests of the City of South Bend to proceed out to this firm, and he further indicated that the people presently employed by K & F would remain the same and additional employment will be sought from South Bend. Mrs. Frederick Mutzl, President of the St. Joseph County Fair Tax Association, asked if the building had already been constructed and if K & F had already moved into the building. Mr. Fedder answered that the building had been constructed and K & F has occupied the building. Mrs. Mutzl asked if this ordinance wasn't being brought before the Council rather late in view of the fact that the deal has already been consumated. Mr. Fedder answered by indicating that the ordinance was introduced previously and the Economic Development Commission has had this under consideration for months. Mrs. Mutzl mentioned that the Economic Development Commission is set up by the Economic Development Act which calls for the economic stability, development and welfar of the city. She mentioned that this was established in an ordinance, and she again questioned this matter coming in at this late date. Mr. Fedder mentioned that the Economic Development Act has been amended several times since its adoption and, as amended, gives the Commission the power to move out into the county as long as there is no conflict between the city and county. He further mentioned that Mishawaka also has an Economic Development Commission. Councilman Newburn asked if the building was built before the request for the bonds came to the Commission. Mr. Fedder indicated that the building had been previously constructed; however, K & F had sought to find a building in the city and could not find one. The firm, therefore, decided to move into th building already constructed in the Granger Industrial Park. Councilman Taylor indicated that he had looked at this matter much the same as Mrs. Mutzl had. He felt that, by approving the bonds, the city was doing a favor for K & F, but also there are South Bend people involved and would benefit from this. Councilman Horvath asked what would happen should the Council decide not to pass the ordinance, and Mr. Fedder indicated that, if the Council did not authorize the issuance of these bonds, K & F would have to seek private lending, and if this was not available, they would have to go elsewhere. He stressed the fact that there has been no money expended by the Economic Development Commission in relation to these bonds and, until they had Council approval, there would be no expending of money. Councilman Horvath asked if K & F was already operating in the new building, and Mr. Fedder indicated that they have moved into the building, however, the financial arrangements had not been negotiated. Councilman Horvath felt that, in the future, matters such as this should be cleared through the Council before plans are made. Councilman Newburn also expressed concern for the citizens of South Bend and businesses within the city. Mr. Fedder concluded that the Commission felt it was necessary to assist the firm in order to save it for the South Bend area. Councilman Parent brought up the fac that, in some instances, the Economic Development Commission has enabled corporations to move into the city, and he indicated that this goes both ways. Councilman Parent made a motion that the ordinance go to the Council as favorable, subject to the signed waiver of annexation of K & F Manufacturing, seconded by Councilman Serge. 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 (CHAPTER 40, MUNICIPAL CODE) - 4004 SOUTH MICHIGAN STREET. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Jack C. Dunfee, Jr., 645 First Bank Building, made the presentation for the ordinance. He indicated that he was representing the petitioners, Loyal and Trois Wilson, owners of the property. He further indicated that the petition, itself, was asking for a change in zoning from "A" Residential and "A" Height and Area District to "B" Residential and "A" Height and Area District, with no change in the structure from the outside. He mentioned that the building would house Mr. Wilson's insurance office and his two sons would be in the business with him. He presented a chart that he had prepared and submitted photographs to the Council for their consideration. He further mentioned that the land use and transportation plan shows this particular area as being proposed to office businesses. Across the street is Honda of Michiana which is open on a seven day -a -week basis, and next to that is the Classic Cat Lounge. The northeast corner has been taken by the City of South Bend f03 part of the traffic access facility. He mentioned that there are only residences on the Wilson's side of the street; however, there is pressure on these residences as dogs are clipped in a home and Christmas trees are sold every year. He mentioned that the petitioners wanted to convert the residence into an insurance office with the possibility of an apartment on the second floor. He also mentioned that the Area Plan Commission approved the rezoning at its meeting in February and that there was one remonstrance from a property owner to the south. Mr. Elton Stephens, 4016 South Michigan, indicated that he had filed the remonstrance against the rezoning. He mentioned that he would not give Mr. Wilson any problems if all he was requesting was housing of his insurance office in the home. He indicated that he had opposed Mr. Wilson's earlier tactics when he proposed to put in a veterinary clinic. He indicated that, if Mr. Wilson does as his attorney had indicated, he would have no objection. He expressed concern for the are because there had previously been a problem with the property across the street as the man from Honda had gone out to the lot line. He mentioned that he was a casket salesman, and then he pre- sented some pictures to the Council showing what the neighbors in that area have put up with Mr. Wilson in the past, indicating that he once had trailers parked on his property and other equip- ment. Mr. Dunfee indicated that the zone change would be "B" Residential and would not permit a veterinary clinic within the building. Councilman Kopczynski indicated that there was a mixture of light industrial and residential in the area. He felt that there was complete "hodgepodge" in the area. Mr. Dunfee explained that a person cannot rezone until there is a prospective use for the property, and this was stated in 1ICOMMITTEE OF THE WHOLE MEETING (CONTINUED) the ordinance. This would be impossible unless someone bought all the property and rezoned the whole area. It would be illegal for the people on the other side to join in this petition. He concluded that the Wilsons would not be changing the character of the neighborhood. Mr. Stephens mentioned that he had fought this spot zoning last time. He brought up the case of an elderly lady in the neighborhood who cannot afford to live in the area, but her home is the only security that she has. He indicated that she had started his way of thinking on the veterinary clinic which was proposed a year ago. Mr. Dunfee indicated that he could not really sympathize with the elderly woman Mr. Stephens mentioned because he stated that property in that area on South Michig Street is very valuable and worth at least $400 a foot. I lCouncilman Szymkowiak made a motion that the ordinance go to the Council as favorable, seconded by Councilman Serge. The motion carried. IThere being no further business to come before the Committee of the Whole, Councilman Taylor made a motion to rise and report to the Council, seconded by Councilman Parent. The motion carried. IIATTEST: CITY CLERK 11REGULAR MEETING - RECONVENED ATTEST IIBe it remembered that the regular meeting of the Common Council of the City of South Bend, Indiana reconvened in the Council Chambers at 8:32 p.m., Council President Peter J. Nemeth presiding. IIREPORT FROM THE COMMITTEE ON MINUTES Your committee on the inspection and supervision of they have inspected the minutes of the February 12, them correct. They, therefore, recommend that the the minutes would respectfully report that 1973, regular meeting of the Council and found same be approved. s/ Peter J. Nemeth s/ Terry S. Miller Councilman Newburn made a motion that the report be accepted as read and placed on file and the minutes be approved, seconded by Councilman Taylor. The motion carried. IIREPORT OF THE COMMITTEE OF THE WHOLE Councilman Taylor made a motion to waive the reading of the Report of the Committee of the Whole, seconded by Councilman Kopczynski. The motion carried by a roll call vote of nine ayes (Counciln Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). IIREPORT FROM PATRICK GALLAGHER, SAFETY DIRECTOR Mr. Gallagher expressed his appreciation to the Council for the opportunity to speak to them in reply to the request made by Council President Nemeth. He read portions of the letter the Council President had written him, indicating that he would address his comments to three areas, they being the complaint of Kenneth Kwieran, information regarding the handling of calls by the Police ,Department and what is being done to improve the courtesy and efficiency of the department in handling the telephone calls, and a general summary of what the department has done in the pre- ceding quarter and its future objectives. In relation to Mr. Kwieran's statement about being shuffled from one office to another, Mr. Gallagher indicated that he had talked with Mr. Kwieran in his office for approximately 45 minutes about the situation. Mr. Kwieran had also stated that he had a witness to the incident; however, when Mr. Gallagher had requested that Mr. Kwieran bring the witness to his office, Mr. Kwieran had not done so. In regard to the application of Mr. Kwieran for a position on the police force, Mr. Gallagher stated that Mr. Kwieran applied on October 1, 1971, and was appointed a time for an interview and never showed up. He mentioned that the application was also incomplete. He read a report on the investigation -of the Kenneth Kwieran complaint which was researched by Donald Foy, which stated that Mr. Kwieran had alleged a lack of cooperation on the part of the Police Departme failure of the department to respond to his telephone calls, with approximately 45 minutes to an hour being taken to respond to one particular call, and allegations that the department failed to investigate a car driving over his lawn. The report also stated that Mr. Kwieran had alleged that, on one occasion, he had seen 10 police cars stopped at a restaurant. Mr. Gallagher pointed out that Mr. Foy had researched the entire log and bureau regarding the complaints, and an investiga- tion determined that Mr. Kwieran had never been to the prosecutor's office and there was no exten- sive damage to his lawn. Mr. Foy also had been informed that the School Corporation did not want to prosecute the minor lawn damage to the school. Mr. Gallagher briefly relayed Mr. Kwieran's account of the harassment he had received regarding the damage to his lawn as set out in the report He cited an incident when, on February 10, a car had been dispatched at 10:03 p.m., and had arrived at 10:05 p.m. Mr. Gallagher concluded his report on the Kwieran matter by indicating that, to research the complaint, study the log and go through the records, this particular complaint took more than 12 man hours. Councilman Kopczynski asked if Mr. Gallagher had found any of the allegations of Mr. Kwieran to be true, and Mr. Gallagher answered that Mr. Kwieran has had cars driving on the lawn and the cars also have been driven on the school property. He indicated that the Police Department has been responding to his calls and that, at one time, because of a fight in a certain part of the city, one of the cars was late in arriving at the scene of the Kwieran home. Councilman Kopczynski asked Mr. Gallagher when he had requested Mr. Kwieran to bring in the witness, and Mr. Gallagher indicated that it was approximately two weeks ago. Councilman Kopczynski then asked how long the police logs are kept, and Mr. Gallagher indicated that they are kept indefinitely because they are ,stored by computer, which procedure was started about two years ago. Councilman Kopczynski asked if Mr. Gallagher could disclose the number of police cars and how large the west side area of the city was. Mr. Gallagher indicated that the city is divided on its north - south axis with Michiga ., ' V_ FEBRUARY-2-6-,- • REGULAR MEETING - RECONVENED (CONTINUED) Street dividing the city to the east and west into halves. Councilman Kopczynski indicated that it would be possible for a police car to be stalled by a train on the north and south, and Mr. Gallagher indicated that the police cars are not immune to passenger trains and that they can only get the cars back to the designated place as soon as possible. He cited an example of the excellent participation in an accident that took place on February 23 on Lincolnway. Councilman Kopczynski felt that, at all times, at least one patrol car should be stationed in the area bounded by the tracks on all sides. Mr. Gallagher stated that there is a car in that area; however, there are times when these cars must be withdrawn. Councilman Parent asked if Mr. Gallagher felt that the complaints voiced by Mr. Kwieran were well taken care of by the Police Department. Mr. Gallagher answered by saying that the Police Department can only respond as soon as it is possible to do so. He mentioned again, that one occasion the patrol car was late in arriving at the Kwieran home only because of a fight call received, and that the patrol car arriv about 28 minutes late. He felt that the department has responded reasonably fast to the calls. Councilman Serge indicated that there are 120,000 people living in South Bend, 41,000 homes and 5,000 persons per officer. There are also 1,700 homes per officer. He indicated that there are 12 units on the street during the day and in the evening and early morning there are 18 units on the street. He further indicated that there are 123 corporals and privates, and he felt the city needed more officers. He cited recent incidents of the rape of an elderly woman by teenagers and the robbery of an elderly man who was only carrying 40 cents in his pocket. Mr. Gallagher indicated that, in view of the criticism the Police Department has taken lately, he expressed the desire to talk further to the audience and Council. He spoke briefly on Part I Offenses which consist of murder, rape, assault, burglery, robbery, larceny and auto theft. He presented a chart showing the percentage of crime in 1970, as follows: murders, 29 %; auto thefts, 19 %; assault, 17 %; robberies, 22 %; larceny, 17 %; rape cases, 108 %; and burgleries, 55 %. He stressed the fact that there were more Part I Offenses in 1970 than in 1972. In 1970, burgleries went up 55 %, auto thefts went up 23% and larceny went up 9 %. He mentioned that, if we would com- pare the crime rate in 1970 with the crime rate in 1972, there would be a drop of 1 %. He asked where all the voices of criticism were in 1970. Mr. Gallagher indicated that he would like to ask the community to define the type of roll for its policemen. He mentioned that 50% of the calls coming into the Police Department are for service calls, such as a cat up a tree, someone locked out of his house, etc. If the greater part of the manpower takes care of these matters, it is expected that the Police Department will not be at full force in fighting crime. He asked if the citizens would rather have police protection or officers to take care of the service calls. Mr. Gallagher then went on to list projects undertaken by his department in the preceding quarter, as follows: greater utilization of the computer center; a study initiated at Indiana University of South Bend of the Police Department; revamping of patrol areas based on evaluation of high crime areas; restructure of the cadet program; meetings with all superior officers, riding in the patrol cars, etc; commendation of service; study of all traffic reports, crimes reported, etc; and investigations of the bureau and its sections. He then stressed the objectives for the future, as follows: issuance of an impact plan to be started approximately April 1; drafting of a crime prevention ordinance for residences; participation of two officers to organize a Crime Prevention Bureau; move toward a school - police liaison; initiation of a policy of team policing; probation officer in Juvenile Aid Bureau; recruitment of 264 officers on the streets by December 1; multi - agency Intelligence Unit; expansion of Police Academy; establishment of a civilian fiscal officer for the Police Department; and a civilian assistant director for the computer center. He indicated that the city cannot go forward by looking out the rearview window. He felt the statistics should be buried and the Police Department should be given some backing. All of the citizens are attempting to live a life that is known for happiness and peace and all the citizens are bound together by more than geographic proximity. He mentioned that other cities, as well as South Bend, are threatened by crime. He indicated that there are no simple solutions because modern cities are not simple places, and he felt that a solution that respects diversity should be found. There are those individuals within the community who must be given the burden of enforcing the laws and regulations, and it is a thankless job. He indicated that the men on the police force have been subject to criticism in the past few months and they have not given up. Many of these men would gladly work 30 days straight in order to combat crime but they also need the help of the citizens. He asked the citizens to help by forgetting the criticism and commendinil the force, thereby giving them encouragement and backing. The audience and Council indicated this by applauding. Councilman Szymkowiak mentioned that he had recently talked with Mr. Gallagher about the present curfew law, and Mr. Gallagher indicated that the Police Department and City Attorney had gone over the law, and it was his opinion and understanding that the state law is vaguely worded and hard to enforce. There is a curfew provided for six nights a week varying in time depending on the particular night of the week. The ordinance only provides the power to the police to pick up juveniles and refer them to the probation officer on the third occasion. He felt this ordinance was unenforceable. He mentioned that, if the Council wished, the present ordinance could be amended. Councilman Szymkowiak asked about the Chicago ordinance on curfew times, and Mr. Gallagher indicated that he had only checked the ordinance in the City of South Bend at Mr. Szymkowiak's request. He mentioned that the radio stations do announce the curfew time; however, it is still unenforceable. Councilman Szymkowiak asked Mr. Gallagher to try and obtain a copy of the curfew ordinance in effect in Chicago, and Mr. Gallagher indicated that he would try. Councilman Miller asked Mr. Gallagher to provide the Council with a copy of the report he had just given, and Mr. Gallagher indicated that he only had notes and would have to write it up. He also mentioned that the Notre Dame Survey conducted showed that 79% of the people contacted felt they had received adequate service from the Police Department; 70% felt their calls were answered with- in a reasonable time; 40% felt their complaints could have been handled over the telephone; and 10% felt that the time answered was unreasonable. Councilman Kopczynski felt the Police Department should be commended. Mr. Gallagher again mentioned that, if the Police Department could be drawn away from the so- called service calls, they could fight crime at 100 %. He also felt the policemen would then feel better because they would be doing a professional law enforce- ment job. Councilman Kopczynski brought up the radar cars patroling areas for considerable amounts of time. He felt that speeding should be stopped and he realized that the city was short of officers, but he felt the city should utilize the time better than it has in the past. Mr. Gallagher answered by indicating that, if the city was going to operate a practicable Department of Public Safety, concern must be shown for speeders because more people are killed in automobile accidents than murders. He cited an incident regarding a speeding violation which could have proved very serious if the radar car had not been in the area, and he felt that speeding was a REGULAR MEETING PERRTIARV ?6. 197 (REGULAR MEETING - RECONVENED (CONTINUED) priority. Councilman Newburn indicated that the criticism directed to the Police Department in the past few weeks was constructive. He felt the citizens had the highest regard for the Police Department, as well as the Council, however, the attitude of a few men have reflected upon the entire department. He felt the morale of the department was declining. Councilman Kopczynski asked if the Council could be furnished with a copy of the study conducted by the Mechanical Department of Notre Dame, and Mr. Gallagher answered that only the responses according to the different categories were available. Councilman Taylor asked Mr. Gallagher if he had any ideas on what could be done to eliminate the service calls. Mr. Gallagher indicated that money is available through a federal program to obtain a public education person to help the people along these lines. ,He indicated that many communities have a service officer who responds to these calls when there is no serious nature to the requests, and this person was a civilian. He felt that the city should take this direction. Councilman Parent indicated that the Common Council supports the Police Department, and that the Council was merely trying to understand what was involved as far as crime in the community. He expressed his appreciation to Mr. Gallagher and the officers who worked with him in researching these problems, and he brought up the problems within the correction institutions. He concluded that he would do everything he could to prevent crime. Council President Nemeth thanked Mr. Gallagher for appearing before the Council. 1IORDINANCES, SECOND READING IIORDINANCE NO. 5487 -73 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 K & F MANUFACTURING COMPANY, AN INDIANA PARTNERSHIP. This ordinance had second reading. Councilman Taylor 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). IIORDINANCE NO. 5488 -73 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) - 4004 SOUTH MICHIGAN STREET. This ordinance had second reading. Councilman Kopczynski made seconded by Councilman Taylor. The ordinance passed by a roll Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, IIRESOLUTIONS ((RESOLUTION NO. 352 -73 a motion that the ordinance pass, call vote of nine ayes (Councilmen Newburn and Nemeth). A RESOLUTION FOR AN ADDITIONAL APPROPRIATION IN ACCOUNT NO. P -722, "MOTOR EQUIPMENT" IN THE POLICE DEPARTMENT BUDGET IN THE AMOUNT OF $6,000.00, AND THE TRANSFER OF SAID SUM FROM ACCOUNT NO. P -724, "RADIO EQUIPMENT ", BOTH ACCOUNTS BEING IN THE "PROPERTIES" CATEGORY AND BOTH WITHIN THE GENERAL FUND. WHEREAS, certain extraordinary conditions have developed since the adoption of the existing annual budget, so that it is now necessary to appropriate more money than was appropriated in the annual budget for the various functions of City Government to meet such extraordinary conditions; and WHEREAS, additional funds are needed for Account P -722, "Motor Equipment ", to enable the Police Department to complete the purchase of their 1973 fleet cars under bids which have been received, and for costs for special equipment; to assure the department's ability to properly perform its functions; and WHEREAS, a surplus exists in another account where it is not presently needed as a new radio system has been approved under an Indiana Criminal Justice Agency grant. This surplus is shown more specifically as follows, to -wit: $6,000.00 in Account P -724, "Radio Equipment" NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana: SECTION I. That the sum of $6,000.00 be transferred from Account No. P -724, "Radio Equipment ", to Account P -722, "Motor Equipment ", both of said accounts in the Police Department Budget being in the same "Properties" category, and all being within the General Fund. s/ Roger 0. Parent Member of Common Council A public hearing was held on the resolution at this time. Division Chief Robert J. Urban indicated that this was a request of a transfer of $6,000.00. He mentioned that Account P -724 is a radio equipment account within the department and was submitted prior to the department receiving federal moneys. He explained that now the money is needed in the motor equipment account because the trade -in value of the vehicles was over estimated, and the trade -in value was much less than anticipated. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, indicated that she felt Mr. Urban had given a very good explanation of the request. Councilman Parent made a motion that the resolution be.adopted, seconded by Councilman Taylor. The resolution passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). REGULAR MEETING FEBRUARY 26 1973 REGULAR MEETING - RECONVENED (CONTINUED) ORDINANCES, FIRST READING ORDINANCE AN ORDINANCE TO APPROPRIATE $251,500.00 FROM THE LOCAL ROAD AND STREET FUND, AND $187,500.00 FROM THE TOPICS PROGRAM FUND FOR PROJECT R & S 57 - McKINLEY HIGHWAY, LOGAN STREET AND HICKORY ROAD INTERSECTION PROJECT. Councilman Miller made a motion that the ordinance be set for public hearing and second reading on March 12, 1973, seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $50,000.00 FROM THE FEDERAL ASSISTANCE GRANT. FUND, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS ADMINISTRATIVE PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF ADMINISTRATION AND FINANCE. Councilman Parent made a motion that the ordinance be referred to the Committee on Administration and Finance. Mr. James Barcome, City Controller, indicated that this ordinance and the remaining six ordinances on revenue sharing were to be amended and he submitted the amendments to the ordinances. Councilman Parent then withdrew his motion. Councilman Taylor made a motion that the ordinance be amended as indicated by Mr. Barcome, seconded by Councilman Kopczynski. The motion carried. Councilman Kopczynski then made a motion to set the ordinance for public hearing and second reading on March 12, 1973. The motion was lost due to lack of a second. Councilman Taylor made a motion that the ordinance, as amended, be referred to the Council Committee on Administration and Finance, seconded by Councilman Miller. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $20,000.00 FROM THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS HUMAN RESOURCES PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF HUMAN RESOURCES AND ECONOMIC DEVELOPMENT. Councilman Taylor made a motion that the ordinance be amended as indicated by Mr. Barcome, seconded by Councilman Horvath. The motion carried. Councilman Taylor then made a motion that the ordinance, as amended, be referred to the Council Committee on Human Resources and Economic Development, seconded by Councilman Horvath. The motion carried. Councilman Newburn asked if the committees to which the ordinances were being referred should be requested to report back to the Council on a specific date. Councilman Parent made a motion that all of the committees to which ordinances were being referred to on revenue sharing funds should report back to the Council at the next regularly scheduled meeting, seconded by Councilman Newburn. Mr. William Richardson, Director of the Department of Public Works, indicated that, regarding the ordinance on the revenue sharing for the Public Works Department, he had been promised his department would be funded by revenue sharing funds. He further indicated that the budget for the Bureau of Solid Wastes started out at $300,000, and it was cut with three - fourths of the budget being taken away. He stressed the fact that he could not operate the city trash pickup which was soon to be undertaken if these funds would not be made available to him soon. He mentioned that, after the Council passes the ordinance, it must also be approved by the State Board of Tax Commissioners, and all of this would take time, and the money would not be available to him when the trash pickup was to start. Councilman Newburn asked how the State Board of Tax Commissioners entered into the picture, and Mr. Richardson again indicated that all appropriation must be first approved by that board. Councilman Kopczynski made a motion to take a 10- minute recess, seconded by Councilman Taylor. The motion carried. Recessed at approximately 9:45 p.m. Reconvened at approximately 10:08 p.m. Councilman Parent made a motion to withdraw his previous motion that all of the committees to which ordinances were being referred to on revenue sharing funds should report back to the Counci at the next regularly scheduled meeting, seconded by Councilman Kopczynski. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $5,000.00 FROM THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS LEGAL PROGRAMS,TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF LAW. Councilman Taylor made a motion that the ordinance be amended as indicated by Mr. Barcome, seconded by Councilman Horvath. The motion carried. Councilman Parent then made a motion that the ordinance, as amended, be referred to the Council Committee on Law, seconded by Councilman Horvath. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $375,483.00 FROM THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PARKS AND RECREATION PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC PARKS. Councilman Parent made a motion that the ordinance be amended as indicated by Mr. Barcome, seconded by Councilman Horvath. The motion carried. Councilman Miller asked about the name of the department, and Mr. Barcome indicated that the correct title was Department of Public Parks. Councilman Taylor then made a motion that the ordinance, as amended, be referred to the Council Committee on Parks and Recreation, seconded by Councilman Horvath. The motion carried. REGULAR MEETING FEBRUARY 26 1973 REGULAR MEETING - RECONVENED (CONTINUED) ORDINANCE AN ORDINANCE APPROPRIATING $405,000.00 FROM THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC SAFETY PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC SAFETY. Councilman Horvath made a motion that the ordinance be amended as indicated by Mr. seconded by Councilman Parent. The motion carried. Councilman Miller then made a the ordinance, as amended, be referred to the Council Committee on Public Safety, Councilman Newburn. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $500,000.00 FROM THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS CIVIC CENTER EXPENSES, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC WORKS. Barcome, motion that seconded by Councilman Horvath made a motion that the ordinance be amended as indicated by Mr. Barcome, seconded by Councilman Kopczynski. The motion carried. Councilman Miller then made a motion that the ordinance, as amended, be referred to the Civic Center Committee, seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $1,163,756.00 FROM THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC WORKS PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC WORKS. Councilman Taylor made a motion that the ordinance be amended as indicated by Mr. Barcome, seconded by Councilman Horvath. The motion carried. Councilman Parent then made a motion that the ordinance, as amended, be referred to the Council Committee on Public Works and set for public hearing and second reading on March 12, 1973, seconded by Councilman Szymkowiak. The motion carried. PRIVILEGE OF THE FLOOR Mrs. Frances Wilson, 1625 Hilde Court, President of the Legal Services Client Council, indicated that she and other members of the Client Council had come to the Council meeting to speak on the president's cutback of federal funds; however, a few of the members had to leave the Council meeting as they were not given an opportunity to be heard sooner. She requested a meeting with the Common Council. She then read a petition circulated by the Client Council against the cutbacl and referred to a resolution adopted by the House of Delegates, American Bar Association, and a resolution of the City of Chicago, urging the President of the United States to take appropriate action to cancel the proposed budget changes decreasing funds for human service programs. She stressed the fact that there is a growing need for legal services for the poor, and she asked the Council to draft a similar resolution to be sent to the president and congress. She presented a copy of the two resolutions to the City Clerk. Council President Nemeth thanked her for appearinc before the Council. Mrs. Wilson again asked when she could meet with the Council, and Council President Nemeth indicated he would have to check his calendar. Mrs. Sandra Abregg, 3602 East Edison Road, also expressed her concern for the human service programs. She mentioned that many of these agencies have helped people in this community, and with the president's cutback of these funds, many of these programs will no longer exist. She asked if the city would be able to take over and budget enough money for its elderly, public housing, etc. She asked the Council's help in this matter. Mrs. Harlan Holt, 720 South Rush, another representative of the Legal Services Client Council, indicated that their program is a vehicle that provides justices for the poor people, and the poor people definitely need these services. She, too, asked the Council's support. Mrs. Lee Swan, 2022 Swygart, indicated to the Council that Mr. Gallagher has practically closed his Board meetings to the public and the audience had not had the opportunity to question him at this Council meeting. She commented that Mr. Gallagher had given a very fine speech; however, he had made no mention of the article which appeared in the South Bend Tribune on February 25. She mentioned that the Mayor has stated there has been a serious internal problem within the department. She indicated that there are officers who were reported to have said that they just don't give a damn anymore. She felt this had a definite bearing on the lack of calls being answered by the Police Department. She also indicated that Mr. Gallagher had stated that, in order to get one man on the force, he must have five men, and everyone keeps saying the departmeni needs additional manpower. She mentioned that the Police Chief had stated that there is lethargy on the police force. Council President Nemeth asked Mrs. Swan if she had any suggestions on how to take care of the problem. She, in turn, asked Council President Nemeth what he would recommend. Council President Nemeth answered that Mr. Gallagher is looking into the problem and the Council is hopeful that he will be able to come up with a solution. Mrs. Swan asked if there were any groups interested in trying to find out why there is a morale problem in the department. She felt that Mr. Gallagher was biased. Councilman Parent indicated that the Council was trying to assess the facts and all Mrs. Swan had told them were allegations and not facts. He felt that Patrick Gallagher could bring the degree of independence to the job that the department did not have before. He also indicated that the Council had requested Mr. Gallagher to look into this situation and he had come before the Council at this meeting with a report on his findings. Mrs. Swan felt that some definite action should be taken, and Councilman Parent indicated that the Council wanted to take some action but not a rash action. He mentioned that the Council CommitteE on Public Safety, which was newly established, is starting,_. ,,to meet regularly and some action has part of the c been taken so far. He also mentioned that u'�"_._, city's revenue sharing money would be goinc for public safety. He concluded by saying that the criminal justice system is very complex and the public safety is just one leg of this. REGULAR MEETING FEBRUARY 26 1973 REGULAR MEETING - RECONVENED (CONTINUED) Mr. Charles Crutchfield, 22045 Roosevelt Road, asked the Council to come forward with a resolution in support of the resolutions Mrs. Frances Wilson had submitted to the Council on the president's cutback of federal funds. He asked that the Council not take this matter lightly, as it has deeper implication than just a cutback of funds. He also indicated that it was true that some of these federal programs have not done their job, but he wanted the Council to take note of the pro- grams that have. He felt that revenue sharing was not the answer, and he asked the Council to use the resolution of the City of Chicago as a guide. He concluded by indicating that there had been a great deal more people present at the meeting who had wanted to speak on this subject but who had to leave the meeting earlier. Mrs. Constance Green, 3217 West Dunham, indicated that the petition Mrs. Wilson had talked about was a copy of the petition that she had given to the Council two weeks ago. She also mentioned that the Council had referred seven ordinances on revenue sharing to committees. She indicated that she would like to go into the committees within the next two weeks and consider that the Mayo: took six evenings of his time and went to the city for discussion on the revenue sharing with the citizens. He then submitted his proposal on revenue sharing shortly after the last meeting. She mentioned that the first two meetings had not gone over well. Also, during the meetings, she pointed out that the citizens asked for many things but one thing they did not ask for was the Civic Center. She mentioned that the president's cutback on types of poverty programs is threatening other programs as well. She mentioned that there is a Democratic Congress with their hands tied. She quoted a figure of 3.6 million dollars being received, and she asked that the Council seriously consider where this money should go. She asked how many people really want the Civic Center. She mentioned that unemployment is a great problem, and she wanted to know how many people would be employed by the Civic Center. She felt that a majority of the people in South Ben( do not want the Civic Center because too much money will be spent on the building. She mentioned that besides the cost of construction of the building, the citizens will still have to pay to use the building by admission to various activities. She indicated that she hoped the Council would not take the same attitude that was taken when she gave them a copy of Mrs. Wilson's petition previously. She felt the Council was responsible to the people and not just a few interest groups Mrs. Helen Otolski, 758 Lombardy, indicated that she wanted to speak on the Kenneth Kwieran matter She mentioned that she was Mr. Kwieran's witness and that she did file a complaint with the Police Department and the patrol car had arrived about 30 minutes late, and by that time, the kids had disappeared. She mentioned that she had given the police the necessary information about the incident and nothing had been done about it. She also mentioned that she had called the police on the matter involving the car hitting the utility pole. She said she had waited for the police and no one had come to investigate the situation. She wanted to get some idea on what type of protec- tion the citizens can expect from their Police Department. She mentioned that the kids are drivin( all over the lawns on Lombardy Drive, and the residents hoped that Lombardy could be constantly patrolled with the hopes of stopping this. Mr. Kenneth Kwieran, 730 Lombardy, stated that he felt Mr. Gallagher had humiliated him and cut him down in front of the public. He also mentioned that, after the previous Council meeting, the paper had published things that he had not said. After the last meeting, he had left with a feeling that something could be done and that he would receive some help with his problem. He indicated that he had come to this meeting only to be humiliated and he had thought that a solu- tion to the problem could be found. He announced that he had seen 10 police cars stopped at the White House Restaurant one day and it was the truth; he did not like to be called a liar, and he did not like Mr. Gallagher's implications. He also mentioned that he was able to see Mr. Gallaghe: as Mr. Gallagher had stated, only he was in the office for about 15 minutes and not 45 minutes. He mentioned the fact that Mr. Gallagher had requested him to bring the witness to his office; however, he indicated that he had to work every day and could not always take off work when he wanted. He felt that many times, people are afraid to come forward because when their names are known, they are harassed. He also stated that Mr. Gallagher had indicated there was no damage to the lawns, and he maintained that there is damage because he had seen it. He mentioned that Mr. Gallagher had not been out to his property to investigate the damage so how would he be aware that there was damage. He also mentioned that, as far as the car hitting the telephone pole, he had: seen it happen and nothing had been done about it. He felt the west end of the city should be patrolled. He admitted that there has been no damage within the past week and that recently, the patrol cars had been driving through the area and shining their spot lights into the homes. He briefly mentioned that he had read the city ordinance on the sidewalks and parkways and cars being prohibited to these areas. He asked the City Attorney to speak to the Council on his behalf as Mr. Roemer had investigated the damage personally and would be able to give an honest account of the situation. City Attorney Roemer indicated that, in his opinion, the damage was more than minor. He had been advised by the School Corporation that the damage to the school lawn was minor and they would not prosecute. He felt the collective proglem was that there are plenty of houses in that area that have been damaged. He mentioned that the Council had asked him to look into the matter in regard to police response. He indicated that he had gone to Mr. Kwieran's house to investigate. He had asked Mr. Kwieran if he had gotten a response to his telephone calls and Mr. Kwieran had indicated that he had. He had also asked Mr. Kwieran if the officers had been civil to him and Mr. Kwieran had indicated that they had been. He indicated that Mr. Kwieran could not identify the driver of the automobile, and he felt this was not a prosecutable matter as far as Mr, Kwieran's property was concerned; however, the school property is prosecutable only they say the damage is minor. Because of these facts, he informed the Council that the police cannot take any legal action because they cannot develop a case. He indicated that the police have been patrollin( the area and there was a stake -out one evening. Mr. Kwieran indicated that he was not "knocking" the Police Department, but he felt they were not getting the patrol cars out on the west end of town. Councilman Serge felt that, at the present time, the Police Department was not manned enough to take care of the problem. Councilman Kopczynski agreed with Mr. Kwieran on the problem of the patrol cars on the west end of town. He asked if Mr. Gallagher had personally gone out and taken a look at the damage, and Mr. Gallagher answered that he had not. Councilman Kopczynski stated that, in Mr. Gallagher's opinion, the citizens should determine what type of service they want from their Police Department. He mentioned that each area has its own problems and a problem) in one area might be minor in a certain section and much more serious in another. He explained a problem that had occurred in his neighborhood in the past about a family who operated everything from motorcycles with no mufflers to snowmobiles. He mentioned that this problem went on for nine years and it could never be cleared up. Fortunately, the family had moved away and the neighbor- hood became peaceful again. He indicated that he had been contacted by the people in Mr. Kwieran' area day after day and he felt it was time that the Police Department was responsible to the peopl REGULAR MEETING FEBRUARY 26, 1973 REGULAR MEETING - RECONVENED (CONTINUED) Councilman Parent asked the City Attorney if he was correct in understanding that the only prose- cutable item was the School Corporation property; however, they were not willing to prosecute. City Attorney Roemer answered that this could be prosecutable if the School Corporation desired and if Mr. Kwieran was willing to sign an affidavit. Mr. Kwieran stated that he did not want to sign an affidavit but that he would be willing to if the School Corporation did. Councilman Parent felt that, if the School Corporation was the only party left, the Mayor should talk to them and ask them to prosecute this. He stated that if the Mayor did not want to do this, per- haps the Council should talk to the School Corporation and inform them of the seriousness of the matter. City Attorney Roemer indicated that he would talk to Mr. Stockdale of the School Corporation, and he indicated that he thought Mr. Kwieran might have personal reasons as to why he would not want to prosecute. He felt the School Corporation would be willing to cooperate. Councilman Parent indicated that he did not care to hear about Mr. Kwieran's personal reasons and he felt they should remain personal, but he stated that the citizens are needed now to try and solve this problem, and if prosecution is necessary, that should be the course to follow. Mr. Kwieran indicated that he could not afford to take off work anymore because he had taken three days off already in regard to this problem. Council President Nemeth indicated that, if the citizens will not get involved to protect themselves, there is nothing that the police can do. The audience applauded in response to his statement. Mr. Kwieran left the podium stating that he did not know what to do next and where he should go for help. Mr. Thomas Enyart, 4605 Ridgeway, spoke briefly about the cost of the proposed Civic Center, and he questioned the need for the building when these problems exist in the Police Department. He felt the city should spend some of this money to hire additional policemen. He mentioned that additional policemen are being hired but they are retiring just as rapidly. He mentioned that no one brought up the crime rate when Mr. Gallagher had talked. Mr. Harold Brueseke, 604 Tower Building, Attorney for the Legal Aid Society, indicated that the Council had heard from a group of people concerned with poverty. He asked the Council's immediate consideration on the matter and hoped that a resolution could be drafted such as Mrs. Wilson had indicated and sent to Washington. As a point of information, Council President Nemeth indicated that the Civic Center Committee was composed of Terry Miller as chairman and Walter Szymkowiak, Roger Parent and himself. Councilman Serge brought up the matter of the painted lines dividing the lanes on the city's streets. He indicated that many of them could not even be seen and he felt accidents could re- sult from this. He requested the City Clerk to write a letter to the Street Department and call their attention to this fact. There being no further business, unfinished or new, to come before the Council, Councilman Kopczynski made a motion to adjourn, seconded by Councilman Taylor. The motion carried, and the meeting adjourned at 11:19 p.m. ATTEST: AP OV D: l ` • lv CITY CLERK ' PRESIDENT ........................................................ t+ i, t- +- 1-- F- 1-- i-- F'- 1-+ i-- F'- E-- 1-- h.- h- h.- h- h- h- i- .- F' .....-E-.-h-h-F--1--1-.-1.