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EGULAR MEETING
JULY 9, 1973
it remembered that the Common Council of the City of South Bend met in the Council Chambers of
County -City Building on Monday, July 9, 1973, at 7:05 p.m., Council President Peter J. Nemeth
siding. The meeting was called to order and the Pledge to the Flag was given.
CALL PRESENT: Councilmen Serge, Szymkowiak, Miller,
Taylor, Kopczynski, Horvath, Newburn
and Nemeth.
ABSENT: Councilman Parent.
ilman Kopczynski made a motion to resolve into the Committee of the Whole, seconded by
ilman Miller. The motion carried.
�OMMITTEE OF THE WHOLE MEETING
e it remembered that the Common Council of the City of South Bend met in the Committee of the
hole on Monday, July 9, 1973, at 7:06 p.m., with eight members present. Chairman Odell Newburn
resided.
ouncil President Nemeth indicated that, since Items 3A and 3B were inter - related, both ordinances'
ould be considered at the same time. Councilman Miller requested that a separate vote be taken
or each ordinance.
INANCES AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE
CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND
(NORTHWEST CORNER OF IRELAND ROAD - IRONWOOD DRIVE
INTERSECTION)
and
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 (NORTHWEST
CORNER OF IRELAND ROAD - IRONWOOD DRIVE INTERSECTION).
This being the time heretofore set for public hearing on the above ordinances, proponents and
opponents were given an opportunity to be heard. Mr. Charles Sweeney, Jr., Attorney at Law,
1221 St. Joseph Bank Building, indicated that he represented Nohl and Betty Lueneburg, the peti-
tioners in the above matter. He indicated that the land to be annexed was located at the northwes
corner of Ireland Road and Ironwood Drive and was a voluntary annexation. He presented slides of
the area and stated that, presently the property was zoned "C" in the county. He indicated that,
after an area is annexed, the property must be rezoned, and the request for the property was "C"
Commercial. He stated that there is a commercial establishment located one door to the east and
is also zoned "C" in the county. Mr. Sweeney stated that the Area Plan Commission passed
favorably on the rezoning at its meeting, with two members opposed and ten members in favor of the
rezoning. He mentioned that the annexation of the property did not have to be considered by the
Area Plan Commission, only the rezoning. He indicated that the site development plan purported to
lay out three stages, they being: Phase I - erection of a commercial building to house the Burger
Dairy Store; Phase II - construction of a commercial building; and Phase III - 60,000 square feet
of office space for professional people in back. He indicated that the buildings on Ireland and
Ironwood would be one -story and two -story on the north with parking in the rear. The petitioners
had already donated 30 feet of right -of -way on Ironwood and 10 feet north of Ireland. Mr. Sweeney
explained that the property north of the area was the retention basin and the other corners were,
at present, vacant. The parcel in question is nine acres with an east -west exposure of 840 feet
and a north exposure of 960 feet. He indicated that the developed area would be 110,000 square
feet and parking facilities had been deemed adequate by the Area Plan Commission. Mr. Sweeney
indicated that Mr. Helmet Weist had prepared the preliminary site plan and was available to answer
any questions.
Council President Nemeth asked about the assessed valuation of the existing improvements, and Mr.
Sweeney indicated an estimate would be about two and a half million dollars less the value of the
land, which would be gross valuation.
Councilman Szymkowiak made a motion that the ordinance pertaining to the annexation of the proper
go to the Council as favorable, seconded by Councilman Miller. The motion carried. Councilman
Szymkowiak then made a motion that the ordinance pertaining to the rezoning of the property go to
the Council as favorable, seconded by Councilman Miller. The motion carried. (Councilman Taylor
opposed).
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 (4134
LINCOLNWAY WEST).
This being the time heretofore set for public hearing on the above ordinance, proponents and
36
REGULAR MEETING JULY 9 1973
COMMITTEE OF THE WHOLE MEETING (CONTINUED)
opponents were given an opportunity to be heard. Mr. Jack C. Dunfee, Jr., Attorney at Law,
645 First Bank Building, made the presentation for the ordinance. He indicated that he represente<
Eugene McGarvey and Keith Vial, owners of the tract in question and operators of the Ponderosa
Steak House. He mentioned that this restaurant would be the fourth such enterprise in St. Joseph
County. He indicated that the frontage along Lincolnway was zoned "C" Commercial, and he explaine<
that the property was 150 feet in depth and that an old zoning ordinance only rezoned 120 feet of
that property. He indicated that the Citgo Gas Station and the Beacon Bowl are, therefore, in
violation of the code. The error was discovered by Mrs. Betty Burch in the Building Department.
He presented an overlay of the proposed area and explained that there would be no ingress and egret
off Elwood Street. He also mentioned that the rezoning was not subject to a final site plan, and
he presented an aerial photograph and a final site development plan to the Council members. He
stated that, across the street is the Industrial Park, to the east is the Citgo Station, and to the
west is the Beacon Bowl. He indicated that drainage control is provided by dry wells and ingress
and egress of traffic had been worked out with the Engineering Department. The Area Plan Commissic
held a hearing and the rezoning was recommended favorably. He also indicated that there were no
remonstrances.
Councilman Szymkowiak asked if there would be a fence on Elwood Street. Mr. Dunfee indicated that
the fence on Elwood would run east and west behind the facility. He explained that there was
presently a cyclone fence separating the Beacon Bowl and the proposed Ponderosa. Councilman
Szymkowiak indicated that he was concerned about trash in the area and asked if there would be a
carry -out service. It was indicated that there would be no carry -out, drive -in type of operation,
and Mr. Dunfee indicated that there would be a substantial grade elevation of 10 feet between the
proposed Ponderosa and the residential area to eliminate the trash problem. Council President
Nemeth asked if the Beacon Bowl and the Citgo Gas Station had been notified that they were in
violation of the city's zoning code. Mr. Douglas Carpenter, Planner for the Area Plan Commission,
indicated that he thought the Building Commissioner would be taking care of the situation. Counci:
President Nemeth made a motion to direct the City Clerk to write a letter to the Building Commissi(
concerning the subject requesting him to reply to the Council, seconded by Councilman Miller. The
motion carried. Mr. David Wells of the Engineering Department pointed out that Mrs. Burch was an
employee of the Building Department and she had found the error in the records.
Councilman Szymkowiak made a motion that the ordinance go to the Council as favorable, seconded by
Councilman Serge. The motion carried.
II ORT)TNAWR
AN ORDINANCE TO AMEND SECTION 15 -16 OF THE
MUNICIPAL CODE OF THE CITY OF SOUTH BEND,
INDIANA, AS AMENDED.
Council President Nemeth indicated that the Council members had received a letter requesting that
the ordinance be dispensed with. He made a motion that the ordinance be stricken from the files,
seconded by Councilman Taylor. The motion carried.
I! ORDINANCE
AN ORDINANCE AUTHORIZING THE EXECUTION OF A
LEASE, TRUST INDENTURE, ECONOMIC DEVELOPMENT
REVENUE BONDS AND THE FORMS AND TERMS OF THE
LEASE AND TRUST INDENTURE AND BONDS AND
MORTGAGE AND THE ISSUANCE OF ECONOMIC
DEVELOPMENT REVENUE BONDS PERTAINING TO
R. LEE FAGEN, d /b /a FAGEN ENTERPRISES.
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 Herendeen, Attorney at Law, 300 First
Bank Building, made the presentation for the ordinance. He indicated that the amount of the bonds
requested was in the amount of $240,000 and would be financed through the St. Joseph Bank and Trusi
Company. He explained that the facility would be a three -story building in Roseland consisting of
10,000 square feet. He indicated that approval of the bonds would be of great benefit to the area
in general, and the building would house service -type businesses. He stated that there would be
an increase in employment of 30 to 75 persons. The property had been purchased at a cost of
$30,000 and additional acquisition and improvements would amount to $240,000. Mr. Herendeen
further indicated that the Town of Roseland had encouraged the project and submitted a formal
resolution in favor of it, police and fire protection would be less weighty than the cost and
benefit to the community, and sewer and water would be connected to the Clay Utilities, Inc., or
its successor. He also stated that there has been a waiver of annexation filed.
Councilman Kopczynski indicated that Roseland was incorporated and that a waiver of annexation
would be worth nothing. Council President Nemeth asked if a waiver had been filed with the City
Clerk, and Mr. Herendeen indicated that it had been.
(Councilman Serge made a motion that the ordinance go to the Council as favorable, seconded by
Councilman Taylor. The motion carried.
II nRDTNAWF.
AN ORDINANCE CONFIRMING A CERTAIN RESOLUTION
ADOPTED BY THE BOARD OF PARK COMMISSIONERS
AND THE PUBLIC RECREATION COMMISSION FOR THE
CITY OF SOUTH BEND, INDIANA, DEFINING THE
CONSTRUCTION AND SCOPE, PROHIBITING CERTAIN
ACTS AND ACTIVITIES, REGULATING USES IN THE
PARKS, REGULATING AND RESTRICTING VEHICULAR
TRAFFIC, PROTECTING PLANTS AND SHRUBS, PRO-
VIDING FOR PENALTIES, REPEALING ALL ORDINANCES
IN CONFLICT AND PROVIDING FOR AN EFFECTIVE
DATE.
This being the time heretofore set for public hearing on the above ordinance, proponents and
opponents were given an opportunity to be heard. Mr. James Seitz, Superintendent of Parks, made
the presentation for the ordinance. He indicated that, for several years, regulations and restric-
tions for control in the parks had been a problem and was a great concern. He stated that the Par}
Department has had no control over certain activities going on in the parks. He also stated that
considerable research had gone into the preparation of the proposed ordinance, and it had been
er
COMMITTEE OF THE WHOLE MEETING (CONTINUED)
approved by the City Attorney and checked by the Police Department. He felt the ordinance was a
definite need because it would give the Park Department a vehicle to try and control some of the
activities going on in the parks. He concluded by indicating that he would need the complete
cooperation of the Police Department for enforcement and that of the administration.
Mrs. Lee Swan, 2022 Swygart, asked if the Police Department would be allowed to go onto the proper
to enforce the ordinance, and Mr. Seitz indicated that they would. Mrs. Swan wondered if this was
true in the past, and Mr. Seitz indicated that, in the past, nothing could be enforced. Mrs. Swan
indicated that she lived across the street from a park, and she felt the ordinance was badly neede
She felt the people that enjoyed the parks were being driven from the parks because of certain
activities happening within the park boundaries. She cited an incident after a softball game whic
lead to fighting and drinking. She also brought up the fact that motorcyclists drive through the
Rum Village Park on Ewing Avenue, and it was quite a problem. She talked briefly about the motor-
cycle police, and concluded by indicating that she was hopeful that the ordinance would be passed
and enforced. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, asked
if additional police officers would be needed, and Mr. Seitz indicated that he hoped there would b
additional Park police officers. He stated that, at the present time, the Park Department only ha,
two officers on duty. Mrs. Frederick Mutzl, President of the St. Joseph County Fair Tax Associati,
wondered if the citizens would be confused by the sections on parking at night and curfew. Mr.
Seitz indicated that it would be possible for people to park their cars and leave them but not par:
the cars and sit in them. He felt there was no conflict in the two sections.
Councilman Serge asked if a permit would be required for having alcoholic beverages in the parks ii
for example, there was a family reunion. Mr. Seitz indicated that a permit would be required
through the Park Department. Councilman Kopczynski asked how many motorcycle policemen were on
duty, and Mr. Patrick Gallagher, Public Safety Director, indicated that there were three motorcycle
in operation and two not in operation. Councilman Kopczynski asked about the two cycles not in
operation, and Mr. Gallagher indicated that the equipment is quite old and it is difficult to obta:
the necessary parts to keep the machines in operation. Councilman Kopczynski asked if these motor-
cycles could be used as trade -in, and Mr. Gallagher indicated that he was attempting to do that.
Chairman Newburn reminded the Council that action was being taken on the Park Department ordinance
and not the motorcycles in the Police Department.
Councilman Szymkowiak made a motion that the ordinance go to the Council as favorable, seconded by
Councilman Serge. The motion carried.
ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE
BUREAU OF WASTEWATER OF THE CITY OF SOUTH BEND,
INDIANA, AND VARIAN INSTRUMENT DIVISION,
LOUISVILLE, KENTUCKY, FOR THE PURCHASE OF A
MODEL 1200 ATOMIC ABSORPTION /FLAME EMISSION
SPECTROPHOTOMETER, IN THE AMOUNT OF $9,744.40.
This being the time heretofore set for public hearing on the above ordinance, proponents and
opponents were given an opportunity to be heard. Mr. Rollin Farrand, Director of the Department of
Public Works, made the presentation for the ordinance. He indicated that he had hoped the presen-
tation of the ordinance could have been made at the time the ordinance for the purchase of the Gas
Chromatograph System had been approved because the result of the machines was similar. He
explained that the city was increasing its wastewater treatment capacity and two problems had been
encountered, they being the necessity of monitoring the flow coming into the plant and the analyza
tion of materials that go out. This was to be done in accordance with federal regulations. He
indicated that the Gas Chromatograph System would take care of analyzing organic materials and
water samples, while the Spectrophotometer had been designed to detect copper, nickel and chromium.
He mentioned that, normally, those materials should not be present in the wastewater; however, the
are associated with industrial wastes. Mr. Farrand indicated that he wanted to assure that those
materials do not get into the system.
Councilman Szymkowiak asked if the city had ever purchased this type of equipment before, and Mr.
Farrand indicated that it had not because the city was not as environmentally oriented in the past
as at present, and the plant did not have the capability before. Mr. David Wells of the Engineerii
Department indicated that the Council had passed an ordinance which prohibited putting materials
into the sewers; however, that was only recently and before that, there was no ordinance prohibitii
that. Council President Nemeth felt the engineers should be commended for taking the necessary
steps in the purchase of the instrument. Councilman Horvath indicated that this would be the thirc
ordinance passed for the purchase of that particular type of equipment. He asked if this ordinance
would complete the purchases. Mr. Farrand indicated that this ordinance was only the second
ordinance for the purchase of equipment and it would be the last purchase the department anticipate
Councilman Szymkowiak made a motion that the ordinance go to the Council as favorable, seconded by
Councilman Taylor. The motion carried.
ORDINANCE AN ORDINANCE APPROPRIATING $92,000.00 FROM THE
FEDERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED
TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC
SAFETY PROGRAMS, TO BE ADMINISTERED BY THE
DEPARTMENT OF SAFETY OF THE CITY OF SOUTH BEND,
INDIANA.
This being the time heretofore set for public hearing on the above ordinance, proponents and
opponents were given an opportunity to be heard. Mr. Patrick Gallagher, Public Safety Director,
was to make the presentation for the ordinance. He indicated that, before the hearing on the
appropriation, he wanted to take the opportunity to make certain comments and present documentary
evidence that the charges made against him recently by the news media were unsubstantiated and
completely unfounded. He hoped to do away with the charges in order to proceed with the public
safety of the community. He also felt the charges made against him might affect the minds of the
Council in passing the ordinance for the $92,000 appropriation. Council President Nemeth
indicated that the Council was concerned over the justification of the items in the ordinance and
he did not think the charges made would affect the votes of the councilmen on the ordinance. He
suggested that Mr. Gallagher hold a press conference in order to clear the charges made against
him. Mr. Gallagher indicated that he wanted to speak to the Council in order that an unedited and
correct version of the issue could be obtained. Chairman Newburn requested that comments be
I It • 1 •
COMMITTEE OF THE WHOLE MEETING (CONTINUED)
referred to the revenue sharing ordinance. Council President Nemeth suggested that a vote be takes
to decide to proceed with the ordinance or allow Mr. Gallagher time to speak on the charges. He
asked how much time would be needed, and Mr. Gallagher indicated that he would like five to eight
minutes. Councilman Szymkowiak felt the Council should hear Mr. Gallagher, and Councilman Horvath
expressed his concern over the matter and indicated that the Council and citizens have only heard
one side of the issue. He felt it would be fitting that Mr. Gallagher explain his views, and he
made a motion that Mr. Gallagher be allowed five minutes to make his presentation, seconded by
Councilman Taylor. The motion carried.
Mr. Gallagher distributed documents to the Council consisting of copies of all documents issued
during the past few weeks. He talked about the new procedure of reports and referred to a copy of
the report. He indicated that the Police Department was being buried in paper work, and he quoted
from Sergeant Knepper's memo dated June 11, 1973, and he indicated that the field reports have bees
cut because of the new procedure. He referred to a flow chart prepared of the system and stated
that it would be foolish not to use the computer to its fullest extent. He indicated that the FBI
Manual was issued in 1962 and revised in 1966, and he admitted that, only about a week ago, it was
discovered that the revision had not been incorporated into the department's manual. He indicated
that, during the past week, the revision has been incorporated into the present procedure. He
indicated that he had outlined his reasons for incorporating certain changes in procedure in light
of the recommendations of the study made at Indiana University. He indicated that the only way to
increase the number of men to the force would be by reducing the typing of reports and putting
those policemen out on the street. He talked about the general order issued pertaining to the
utilization of the computer. Mr. Gallagher quoted a portion of the FBI manual pertaining to crime
in certain areas, and the report dated June 29, 1973, regarding serious crimes and their worth.
He also referred to a memo from Chirf Urban indicating that the procedure would be followed in
accordance with the FBI regulations. He indicated that, if he had wanted to "fudge" on statistics
he would not have done so in a general order which was public record. He stated that he categori-
cally denied the charges listed in the newspaper and hoped the issue could be buried in order to
proceed with a more efficient processing of reports that would enable the department to get more
police officers on the streets.
Mr. Gallagher then proceeded to outline his requests as incorporated in the line items of the appr
priation ordinance. Regarding Program FA13, he referred to a letter written by Mr. Isaiah Steed,
Director of the Substandard Building Department, regarding the status of funds available for
demolition and expenditures of substandard buildings. He indicated that, if the buildings were to
be demolished in order to eliminate a safety hazard, additional funds would be needed. He stated
that, with the number of buildings now slated to be demolished, the department would run out of
money by the lst of September. In Program FA18, he indicated that he was requesting $6,500 in the
Services Personal Account for police overtime. Regarding Program FA22, he explained that the
surrounding 22 acres of the Peak School were proposed to be purchased for the Police Academy and
he hoped that the recruits would be making use of the property for training soon. In Program FA25
he explained that $10,000 had been deferred until a.,more accurate figure could be obtained for the
Services Personal Account for educational incentive. He requested that Chief Urban explain the
requests for Programs FA23 and FA24. Police Chief Urban indicated that FA23 was for the purpose o
bringing in new radio equipment at a higher frequency. He indicated that $3,800 would only cover
the remodeling of the radio room in order to install the new equipment. He also mentioned that th
was the only way that the equipment could be installed. In Program FA24, he indicated that $12,00
was to be used for the purchase of three additional three -wheel motorcycles. He indicated that, i
the past year, that equipment had not been put into the budget and, with the mall construction,
additional cycles would be needed. Chief Urban indicated that $5,500 would be used for five addi-
tional radio units which was not available through the Criminal Justice Planning Grant. He
explained that a Street Department unit would be included on the frequency and four units would be
designated for the Park Department.
Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, asked Mr. Gallagher
if the amount of $25,000 for the demolition of substandard buildings had already been expended
before it was appropriated. Mr. Gallagher explained that, where contracts have been awarded and
considering the mechanics' liens, the department was still in the black without the $25,000. Miss
Guthrie asked if the department had contracted for more than the requested appropriation. Mr.
Gallagher stated that he was not aware of it. Miss Guthrie indicated that the total cost for ex-
penditures was listed at $69,000. She questioned this amount. She also asked how the extra and
overtime of $6,500 was working out. Mr. Gallagher indicated that there had only been three Part I
offenses in the area of foot patrol recently. He indicated that this program has only been in effE
for a month to a month and a half. Miss Guthrie asked if the areas for the foot patrol would chant_
periodically. Mr. Gallagher indicated that there is no set pattern and the areas are changed;
however, he indicated that he would not advise comments be made on that subject. Miss Guthrie
understood that and indicated that she could very easily appreciate Mr. Gallagher's point. She
asked if other communities pay South Bend when their officers are trained at the South Bend
Academy. Mr. Gallagher indicated that South Bend was the major beneficiary of the Criminal JusticE
Planning monies for that purpose and has not been allowed to charge for the training according to
federal guidelines. Miss Guthrie asked about the present cost of operating the Police Academy, ant
Mr. Gallagher indicated that he did not have a figure on that amount over and above federal money.
He further indicated that the city had just received an additional $40,000 for the Peak School and
$10,000 for in- service training. Miss Guthrie indicated that she had been very interested on the
report results made at the Indiana University that the officers are spending much time on typing
reports. She wondered what had happened to the tape recorders which were supposed to be used. Mr,
Gallagher indicated that the machines were mechanical and subject to malfunction, and he mentioned
that the tapes were being used by patrolmen rather than in the typing of reports. He indicated thz
he has been trying to free the professionals from this task. He also indicated that, since the
tapes were purchased, the amount of paper work has increased considerably. Miss Guthrie felt more
typists should be hired and more tapes purchased in order to free the officers from the task and gE
them out on the street. She asked if the department would keep the three motorcycles in operation,
and Chief Urban indicated that it would and three additional cycles were requested for a total of
six cycles. Miss Guthrie asked about the radio equipment and incentive pay. Chief Urban indicate
that, in Program FA24, the figure for other equipment in the amount of $6,200 was requested for the
purchase of plastic shields in the squad cars and a new - shotgun rack to be installed over the head!
of the officers. He explained that, at present, the rack is located under the seat of the driver
and it hinders the officer greatly. He indicated that this was brought about as a result of the
purchase of the smaller cars. Miss Guthrie asked why smaller cars had been purchased, and Chief
Urban indicated that it was because of the specifications and bids. Miss Guthrie asked if $10,000
would carry the department through the next five and a half months for incentive pay, and Chief
Urban indicated that it would.
Lam 1 ► U I Do 2V IAN \ 1 • •
COMMITTEE OF THE WHOLE MEETING (CONTINUED)
Mrs. Lee Swan, 2022 Swygart, asked about the cost of six acres and the building in regard to the
Peak School. Mr. Gallagher indicated that that had been donated to the city. Mrs. Swan asked
about the 22 acres proposed to be purchased. Mr. Gallagher indicated that the figure would be
between $38,000 and $42,000. City Attorney Roemer indicated that the purchase negotiations were
delicate and he did not want to comment on the subject at this time. Mrs. Swan indicated that the
present building was almost destroyed, and she questioned the total amount of money.needed to put
the land and the building into suitable condition in order to be utilized. Mr. Gallagher indicate
that, in the grant application, the architect's bids for renovation were submitted at around
$45,000 to $50,000 for putting the building into operation. He indicated that $40,000 was availab
in federal money. He also stated that if the city would put up an in -kind match, additional funds
would be available. Mrs. Swan asked about the Part I offenses, and Mr. Gallagher indicated that
Part I offenses account for 810 of all the calls the policemen answer during the year and take up
75% of the policemen's time. Mrs. Swan indicated that there were many calls of distress from per-
sons who lock themselves out of their homes and cars. She did not understand this. Mr. Gallagher
indicated that, if there was some access to that and if it did not mean that a person would be
stranded on a street corner late at night, the police officers would not be taking care of the
problem. He indicated that the Police Department was the only agency that was able to respond to
those calls at present. Mrs. Swan indicated that, if people would have an extra key made to carry
with them at all times, those type of calls could be eliminated. Miss Guthrie indicated that, whe
the proposal regarding the purchase of the Peak School was made, there had been a proposal to have
much of the time and material donated. She asked what had happened to that proposal. Mr. Gallagh
indicated that, when he had become involved in the matter, he had heard of no claims on the part o
the city to provide in -kind service for the building. Miss Guthrie indicated that the proposal ha
been made prior to Mr. Gallagher becoming safety director. Mr. Paul Bognar, 805 West Washington
Avenue, felt some effort should be made to look into the matter of training officers from outside
the city. Mr. Gallagher again explained that no charge could be made because there was Criminal
Justice money involved. He also indicated that 16 weeks of training are provided for South Bend
officers and the officers from outside the city receive only the six - weeks' required training. Mr
Rapheal Thompson wondered how many black men there were out of the 18 men added in the Academy.
Mr. Gallagher indicated that there was one black man and one woman. He indicated that he was now
processing applications for the next session and the increase in the minority groups would be
greater.
Councilman Taylor expressed sympathy for Mr. Gallagher because of the responsibility and important
of his job. He indicated that Mr. Gallagher would be held accountable for the crime rate in South
Bend, and he wanted to know if Mr. Gallagher was getting enough of what he needed and if he was
satisfied with what he was asking for. He felt the crime situation had gotten out of control. Mr.
Gallagher indicated that, statistically, South Bend has 1.89 policemen for every thousand people.
With the addition of 24 men, the rate would be 2.09. He stated that even 2.09 was below the
national average of 2.3. Mr. Gallagher felt the equipment was adequate; however, equipment and
machines wear out and break down and repairs and parts are needed. He felt that, if there was any-
thing needed, it would be some moral backing from the citizens in order to change the attitude of
selling the success of the crime rate in the community to telling the people that crime does'not
pay. He felt that, if there was anything lacking, it was the backing of the community, the collec-
tive and corporate resources and the commitment of people responsible in conveying the attitudes t
the media. He cited an incident where crimes had been reported consistantly and no mention or
credit given when a crime is solved. He felt the citizens should be more conscious of their civic
responsibility. Councilman Taylor asked Mr. Gallagher if the proposals he had presented were the
best ways to spend the appropriated $92,000. Mr. Gallagher felt the proposals were, except for the
figure of $25,000 for demolishment of buildings and the fact that there were still not enough poli
officers on the force. Councilman Kopczynski asked Mr. Gallagher how far he wanted to see a citizer
go in assisting the police. Mr. Gallagher indicated that a person should assist in any way he can
to the best of his ability. He indicated that he did not like to hear people say that they do not
want to get involved. Councilman Kopczynski asked if the area police agencies used the South Bend
Police Academy. Mr. Gallagher indicated that some men are sent to Bloomington, including Elkhart
County and St. Joseph County. Councilman Kopczynski asked why this was done, and Mr. Gallagher ,
indicated that it was the choice of Mr. Bolerjack, the County Sheriff. Councilman Kopczynski asked
if the city's training was equal to that in Bloomington, and Mr. Gallagher felt South Bend's Acaderry
was superior to Bloomington. Councilman Kopczynski asked in what area South Bend was superior.
Mr. Gallagher indicated that the first six weeks of training are given at a prescribed state curri-
culum. After that, under the human relations aspect, South Bend officers are trained in crime
investigation, firearm training, physical fitness, etc. He indicated that most of the training
done in other areas centers around Part I offenses. Councilman Kopczynski asked if that meant the
city's police officers are trained socially. Mr. Gallagher indicated that, by this training, the
officers are better able to handle problems in that area. Councilman Serge asked what was being
done to the offenders under age committing the crimes. Mr. Gallagher indicated that the function
of the Police Department was to protect, apprehend and patrol. He cited cases of prostitution
being reported and no punishment given. He indicated that, if the city was to deal with that type
of problem, some men would have to be taken off narcotics. He indicated that the Police Department
could only operate in the role and function allowed to it. Councilman Serge wondered about the
authority being taken from the Police Department regarding the juveniles, and felt the parents of
the children should be held responsible. He wondered if it was the fault of the justice prescribe
by judges and lawyers or the department. Mr. Gallagher talked briefly about the schools in operat'
for the juvenile offenders. He also indicated that, sometimes 25 reports are made on one juvenile
before any kind of action is taken to rectify the situation. Councilman Miller questioned the
amount of money needed for the demolition of the houses. He asked if the mechanics' liens were
returned to the city. He expressed the thought that he was convinced that more money was being
spent than was budgeted. Mr. Gallagher indicated that he could only rely on the figures in Mr.
Steed's report. He stated that the demolition process has been pushed through because of the
number of complaints received. He indicated that he could not answer as to the exact figures of
the program because Mr. Steed had submitted those figures. Councilman Miller indicated that he
wanted an answer to the question he posed. Mr. Isaiah Steed, Director of the Substandard Building
Department, indicated that the $25,000 being requested had not been spent and none of that amount
had been encumbered. Councilman Miller asked about the $50,000 budgeted last year. Mr. Steed
indicated that there had been purchase orders not paid which had been carried over from the 1971
budget to the 1972 budget and had not been included in the 1972 budget for consideration.
Councilman Miller indicated that 47 structures were being designated as fire and safety hazards.
He asked if additional money would be requested to be appropriated. Mr. Steed indicated that he
had no control over the houses becoming substandard. He stated that sometimes, three homes a nigh
are classified as substandard. Councilman Miller asked if Mr. Steed's report had included the
Model Cities funds. Mr. Steed indicated that Model Cities was a project area. Councilman Miller
indicated that he was aware of that and.that he still questioned the amount of money needed for
REGULAR MEETING JULY 9, 1973
COMMITTEE OF THE WHOLE MEETING (CONTINUED)
demolition of the houses. Councilman Miller asked how many additional houses were being added on
a monthly basis. Mr. Gallagher indicated that the Fire Department informs Mr. Steed of any house
that is burned out in a given week. He indicated that sometimes it averages three to five houses
each week.. He also mentioned that there is more vandalism during the summer months and once a hom
is fired, the cost of demolition is greater. He indicated that an average figure was difficult to
project. Councilman Miller indicated that the cost of tearing down the houses had increased and h
wondered why this was the case. Mr. Steed indicated that many commercial structures had been
demolished. Councilman Miller asked if the $40,000 of Criminal Justice Planning money would be
going into the budget on the Peak School and if that amount would be used to purchase the property
Mr. Gallagher indicated that the money would be used for renovation of the building. Councilman
Miller wondered if the only cost to the city would be in the purchase of the land, and he indicate
that the Council members would like to have a copy of the grant from the Criminal Justice Planning
Agency and its requirements. He asked if the Peak School was within the city limits. Mr. Gallagh
indicated that it was not at the nresent time_ Councilman Miller asked about maintenance of the
building and an estimated cost, and Mr. Gallagher indicated that he did not have that figure
available. Councilman Miller asked about a cost for furnishing the building. Mr. Gallagher
indicated that this would be taken care of under the federal grant. Councilman Miller asked about
security at the building. Mr. Gallagher indicated that the security would include protective
screens., lighting, etc. Councilman Miller asked about the possibility of getting the county to
operate the facility. Mr. Gallagher indicated that the property was deeded to the city and the
county had expressed no interest in accepting the property or running the academy, and he felt tha
should be in the hands of the city. Councilman Miller agreed; however, he did not have any figure
on what the costs and additional expenses would be. He felt this information should be made
available. Councilman Miller also questioned the request for $10,000 for educational incentive pa
Mr. Gallagher indicated that the money previously appropriated for that reason had almost been use
up. Councilman Miller felt the figures for special compensation and incentive pay could be inter-
changeable under the "P" accounts. He questioned the fact that additional funds were requested
when other funds had not been used. Mr. David Sypniewski, Fiscal Officer for the Police Departmen
indicated that $57,000 was the balance in the educational incentive pay account for the remainder
of the year. Councilman Miller felt the request for $10,000 in the educational incentive pay
account was not necessary. He expressed concern about the matter. Mr. Sypniewski indicated that
the department had operated on the percentages expended to date and the basis for that was a com-
pilation of figures over the years. He indicated that in some years, excess expenditures were mad
and budget shifts were needed. He indicated that he wanted to prevent this in the future.
Councilman Miller felt there was no reason for additional money in the account until the money
presently in the account was used up. Mr. Sypniewski indicated that was true if Councilman Miller
wanted to take the attitude similar to persons who wait until their homes burn down and then buy
insurance. Councilman.Miller indicated that was not the point in question. Mr. Sypniewski indi-
cated that 90 days' preparation had gone into the ordinance and it had involved a great deal of re
tape and paper work. He indicated that, if the ordinance was postponed, funds in the accounts
might be exhausted. Councilman Miller asked how much money was left in revenue sharing for 1973.
Mr. James Barcome, City Controller, indicated that there was about 1.2 million dollars. Councilma
Miller asked if that figure included 1973 money. Mr. Barcome indicated that the figure included
1972 and part of 1973.
Councilman Szymkowiak indicated that much money has been received through the Criminal Justice
Planning Agency. He indicated that years ago, less money was needed and used in fighting crime
and there was less crime. He stated that now more money is needed and the crime has increased.
He felt the judges and attorneys were responsible for this and they should "crack down" on the
crime situation and punish the criminal. Council President Nemeth asked what the figure of $6,500
in Program FA18 would be used for. Mr. Gallagher indicated that this money would be used to in-
crease the number of men as far as availability. He indicated that, towards the end of August,
this would be increased more. Council President Nemeth asked how many extra men would be obtained.
Mr. Gallagher indicated that there would be 30 men at $5 an hour. Council President Nemeth asked
if that amount would take Mr. Gallagher to the end of the year. Mr. Gallagher indicated that it
would continue into 1974 until the funds were depleted. Council President Nemeth asked about the
tuition at the State Police Academy at Bloomington. Mr. Gallagher indicated that the state takes
care of the tuition. Council President Nemeth indicated that the city was paying twice for their
police officers' training. He asked how much money would be coming off the tax roll if the Peak
School was purchased. Mr. Gallagher indicated that school property was not taxable. He indicated
that the building was owned by the School Corporation, then reverted to the Peak family and was
now deeded to the city. Council President Nemeth indicated that, during 90 days' preparation,
'ianswers and supporting figures to the questions asked at the hearing should have been made
available. He asked about the trainers for the school and additional payment to them. Mr.
Gallagher indicated that all other time was donated by the trainers. Regarding Program FA25,
Council President Nemeth indicated that money in that account was to be used only for courses per-
taining to police training. Mr. Gallagher indicated that, out of 18 men, there were 5 or 7 men who
already had degrees. He mentioned that the number of B.A. degrees was being doubled in July, and
with the increased caliber of the applicant, more people with college background would take advan-
tage of the educational incentive program. He felt this was the only way to attract and retain a
professional police officer. Council President Nemeth indicated that the crime rate was increasing
and more time and money was being used in teaching the officers. Mr. Gallagher indicated that he
did not think there was any profession that would eliminate this requirement. He felt educational
incentive was being increased. Council President Nemeth wondered if the training and education
standpoint was being over - emphasized. Mr. Gallagher indicated that it was only through education
that the men could be brought up to that level. Council President Nemeth felt experience played a
bigger part in the training. He requested a list of officers and the courses they were taking.
Mr. Gallagher indicated that 500 of the force had seven years of service or under. He indicated
that that group had been more extensively exposed to education. Chairman Newburn indicated that he
agreed with Council President Nemeth. He indicated that the Council wanted to see what the academy
was doing. He expressed the feeling that education should not be over - emphasized. Mr. Gallagher
stated that the Council was aware that the cadet program was approved and the cadets scored higher
in testing. He indicated that, if the city encouraged these men to enter the Police Department,
the city must require them to remain in college as specified in the cadet program. Council Preside
Nemeth asked if that was a federal requirement. Mr. Gallagher indicated that other groups have had
federal funding for the program; however, the new classes will not have federal funding available.
Councilman Horvath asked when most of the crimes are committed. Mr. Gallagher stated that most
Part I offenses occur between the hours of 6:00 and 9:00 p.m. and 12:00 and 1:30 a.m. Service
calls occur between 4 :00 and 8:00 p.m. Most accidents occur around noon and late at night.
Councilman Horvath asked about the number of men on the various shifts in the department. Chief
Urban indicated that there were about 30 men on the day shift (7:00 a.m. to 4:00 p.m.), 50 men on
t
REGULAR MEETING JULY 9, 1973
COMMITTEE OF THE WHOLE MEETING (CONTINUED)
the afternoon shift (3:00 to 11:00 p.m.) and about 10% less than the 3 to 11 shift on the third
shift. Chief Urban indicated that the mid -night shift carries more men than the day shifts.
Councilman Kopczynski asked why there were so many marked squads parked around the Municipal
Services Facility in the early morning. He indicated that he had driven to the facility early one
morning and had counted 20 cars and 17 marked cars. Mr. Gallagher indicated that these men were
on investigation at the facility. Councilman Kopczynski asked how many total cars the department
had. Chief Urban indicated that the total vehicles was 54. Councilman Kopczynski made the comment
that, on that particular morning, more than half the cars were standing still. Councilman Serge
wondered what type of individual would make a better police officer, an A student or a B student.
He wondered why there was a man on the force with a doctor's degree. Mr. Gallagher indicated that
he was not aware of anyone on the force with a P.H.D. He talked briefly on the results of a study
undertaken by the Rand Institute of the New York Police Department and the difference between job
performance and performance while in training. Councilman Serge asked if, while the men were
cadets, they go out onto the streets. Mr. Gallagher indicated that the cadets remain in the
station; however, the recruits go out for a certain amount of experience. He indicated that there
would be a question of liability if one of the men in training was injured while out on the street
Councilman Serge felt the officers should have the required experience before badges are issued to
them. He wondered how many officers, when faced with dangerous situations, panic. Mr. Gallagher
indicated that he had never known anyone to flunk out of the academy and that the academy was a
part of the application process.
Councilman Kopczynski made a motion to take a recess, seconded by Councilman Taylor. The motion
carried. Recessed at 9:38 p.m. Reconvened at 10:02 p.m.
Councilman Taylor indicated that, in fairness to all concerned, if a vote on the ordinance was
taken at the present time, the ordinance would not pass. He made a motion to refer the ordinance
to the Council Committee on Safety for further deliberation, seconded by Councilman Miller. The
motion carried. Mr. Gallagher indicated that he hoped to see some action at least on the money to
be appropriated for the remodeling of the radio room. Council President Nemeth felt the Council
should, in that case, pass the appropriation for the remodeling. Mr. Gallagher indicated that the
demolition of the buildings was also a concern and the money was needed. Council President Nemeth
indicated that, if need be, that program would have to come to a hault because the Council definitE.
wanted more time to consider the appropriation. Councilman Taylor withdrew his motion to refer to
committee and Councilman Miller withdrew his second of that motion. Motion withdrawn.
Council-President Nemeth then made a motion to amend the ordinance by deleting the sum of $92,000
and inserting in its place, wherever used, the sum of $3,800, and further to amend the ordinance
by the deletion of all the programs except Program FA23 in the amount of $1,800, seconded by
Councilman Kopczynski. The motion carried. (Councilmen Serge and Horvath opposed.)
Council President Nemeth then made a motion that the ordinance, as amended, go to the Council as
favorable, seconded by Councilman Kopczynski. The motion carried. (Councilmen Serge and Horvath
opposed.)
ORDINANCE AN ORDINANCE APPROPRIATING $56,000.00 FROM THE
FEDERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED
TO AS GENERAL REVENUE SHARING, FOR VARIOUS
MUNICIPAL SERVICES FACILITY PROGRAMS, TO BE
ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH
ITS DEPARTMENT OF PUBLIC WORKS.
This being the time heretofore set for public hearing on the above ordinance, proponents and
opponents were given an opportunity to be heard. Mr. Stanley Przybylinski, Manager of the Municip
Services Facility, made the presentation for the ordinance. He briefly explained the appropriation
requests by indicating that, in Account U252, $21,000 was requested for repairs of equipment based
upon an estimate taken into consideration on the expenditures to date and expenditures needed
until the end of the year. In Account U321, $10,000 was requested for gasoline due to an addi-
tional usage of gas and an expected lesser mileage. The amounts requested of $10,000 and $15,000
in Accounts U324 and U430 in view of the increased cost of many of the items required, were needed
Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, commended Mr.
Przybylinski for his presentation. She indicated;. however, that she felt revenue sharing funds
should be used for major programs and not repairs to equipment. Council President Nemeth asked
if the money requested for repairs was needed because of negligence in the garage. Mr. Przybylins
indicated that there was no determination regarding that, and he stated that, when negligence
results in damaged equipment, the men do not report on each other. Councilman Kopczynski asked wh
spring suspension work could not be done in the garage, and Mr. Przybylinski indicated that it just
had never been done. Councilman Kopczynski asked if the mechanics worked on any tractors or the
graders. Mr. Przybylinski indicated that some work was done on tractors and graders and some
welding was done. He stated that no chassis work is accomplished. He indicated that he had
available copies of purchase orders from the lst of the year on major repairs for vehicles,
transmission and tires. Councilman Kopczynski asked why work on a Dodge truck would be done in
the garage and work on a GMC truck would not be done. Mr. Przybylinski indicated that, basically
it had to do with the build of the truck.
Councilman Serge made a motion that the ordinance go to the Council as favorable, seconded by
Councilman Szymkowiak. The motion carried.
There 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 Miller. The motion carried.
ATTEST:
ATTEST:
CITY CLERK
CHAIRMP.
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 10:15 p.m., Council President Peter J. Nemeth presiding and
eight members present.
,
ugnrtr aA MEETING JULY 9 1973 -
REGULAR MEETING - RECONVENED (CONTINUED)
REPORT FROM THE COMMITTEE ON MINUTES
To the Common Council of the City of South Bend:
Your committee on the inspection and supervision of the minutes, would respect-
fully report that they have inspected the minutes of the June 27, 1973, regular meeting
of the Council and found them correct.
They, therefore, recommend that the same be approved.
s/ Peter J. Nemeth
'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.
(REPORT FROM THE COMMITTEE OF THE WHOLE
(Councilman Kopczynski made a motion to waive the reading of the report of the Committee of the
Whole, seconded by Councilman Taylor. The motion carried by a roll call vote of eight ayes
(Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Newburn and Nemeth) with
Councilman Parent absent.
PETITION TO AMEND ZONING ORDINANCE
I, the undersigned, do hereby respectfully make application and petition the
Common Council of the City of South Bend 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 Ironwood Road and
Topsfield Road, South Bend, Indiana.
2. The property is owned by Richard A. Muessel, Jr. (holder of an
ownership interest in the property)
3. A legal description of the property is as follows:
A part of the Southwest Quarter of Section 20, Township 37 North,
Range 3 East, more particularly described as follows: Beginning.
at a point on the West line of the Southwest Quarter of Section
20, which point is 899.19 feet, more or less, North of the South
line of said Southwest Quarter of Section 20; thence North
00004108" West, along the West line of said Southwest Quarter
of Section 20 (being also the Center line of Ironwood Road),
120.10 feet; thence North 89055152" East, 210.00 feet; thence
South 81038125" East, 147.12 feet; thence North 20044107" East,
190.00 feet; thence North 69015153" West, 47.02 feet; thence
North 29010148" East, 176.79 feet; thence North 67010127" East,
255.28 feet; thence South 87045111" East, 213.06 feet; thence
North 05008158" East, 142.56 feet; thence North 01033147" West,
50.41 feet; thence North 08018115" East, 193.60 feet; thence
North 61004108" West, 175.00 feet to the Northwesterly right -of-
way line of Topsfield Road; thence North 28055152" East, along
said right -of -way line, 90.00 feet to the Point of Curvature of
a curve convex to the Northwest, having a radius of 228.62 feet
and a central angle of 28058111 "; thence Northeasterly along said
curve an arc distance of 115.59 feet to the point of intersection
with the Northerly right -of -way line of Pimms Lane; said point
being also the Point of Curvature of a curve convex to the
Northeast, having a radius of 230.72 feet and a central angle of
36051131 "; thence Northwesterly along said curve and said Northerly
right -of -way line an arc distance of 148.43 feet; thence North
14045151" East, 150.00 feet; thence South 83001119" East, 72.08
feet; thence North 00019139" West, 172.38 feet; thence North
89 °40121" East, 7.07 feet; thence North 00019139" West, 204.53
feet to the North line of said Southwest Quarter of Section 20;
thence. North 89040121" East, along said North line of the South-
west Quarter of Section 20; 410.00 feet; thence South 00004129"
West, 1320.00 feet, more or less; thence North 89040121" East,
180 feet, more or less; thence South 00004129" West, 435.6 feet,
more or less; thence South 89038156" West, 1500 feet, more or
less (being also the Southern Boundary of the City limits of the
City of South Bend, Indiana) to the point of beginning. Subject
to legal highways and easements in St. Joseph County, Indiana.
4. It is desired and requested that the foregoing property be rezoned
from "A" Residence Use and "A" Height and Area District to "B"
Residence Use and "B" Height and Area District.
5. It is proposed that the property will be put to the following use
and the following buildings will be constructed: Residential use,
condominiums and Garden Apartments with not more than 300 units in
the described property.
6. Number of off - street parking spaces to be provided: Two off - street
parking spaces per unit.
7. Attached is a copy of (a) an existing plot plan showing my property
and other surrounding properties; (b) names and addresse. of all the
individuals, firms or corporations owning property within 300 feet
REGULAR MEETING JULY 9, 1973
REGULAR MEETING - RECONVENED (CONTINUED)
of the property sought to be rezoned; (c) site development plan.
Petition Prepared by:
Nelson J. Vogel, Jr.
THORNBURG, McGILL, DEAHL,
HARMAN, CAREY & MURRAY
By s/ Nelson J. Vogel, Jr.
Attorney for Petitioner
Sixth Floor, First Bank Building
South Bend, Indiana 46601
Telephone: 233 -1171
Exhibit A - Legal Description
Exhibit B - Preliminary Site Development Plan
(Other exhibits to be submitted)
Council President Nemeth indicated that action on the petition would be taken when the ordinance
pertaining to the petition was given first reading.
(PETITION TO AMEND ZONING ORDINANCE
I, the undersigned, do hereby respectfully make application and petition the
Common Council of the City of South Bend 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 150 West Angela Boulevard,
South Bend, Indiana.
2. The property is owned by Armand J. Rigaux and Katherine B. Rigaux,
husband and wife.
3. A legal description of the property is as follows:
Lots Numbered Three Hundred Sixty -two (362), Three Hundred Sixty -
three (363) and Three Hundred Sixty -four (364) as shown on the
recorded Plat of Hillcrest Addition to Navarre.Place.
4. It is desired and requested that the foregoing property be rezoned
from "B" Residence Use and "A" Height and Area District to "B"
Residence Use and "A" Height and Area District.
5. It is proposed that the property will be put to the following use
and the following building will be constructed: An approximately
736 square foot addition to the existing medical office building
located upon the subject real estate.
6. Number of off - street parking spaces to be provided: Fifteen (15).
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.
Petition Prepared by:
Jack C. Dunfee, Jr.
THORNBURG, McGILL, DEAHL,
HARMAN, CAREY & MURRAY
By s/ Jack C. Dunfee, Jr.
Attorney for Petitioner
Sixth Floor, First Bank Building
South Bend, Indiana 46601
Telephone: 233 -1171
Exhibit A - Plot Plan showing the subject property
Exhibit B - Site Development Plan
Exhibit C - List of property owners within 300 feet
Council President Nemeth indicated that action on the petition would be taken when the ordinance
pertaining to the petition was given first reading.
IREPORT FROM THE DIRECTOR OF THE BUREAU OF WATER
At the request of the Council, Mr. Paul Krueper, Manager of the Bureau of Water, reported to the
Council on the complaint of Mrs. Ethel Deka, 1121 Harvey Street. Mr. Krueper indicated that copie
of the chemist's report on the water sample had been forwarded to the Council members. Council
President Nemeth asked Mr. Krueper to briefly summarize that report. Mr. Krueper indicated that
Mrs. Deka had taken a concentration of calcium, which accumulates in time, from her water tank.
He indicated that there was no gravel in the water sample tested. Council President Nemeth asked
what steps were being taken to correct the situation. Mr. Krueper indicated that, when this
happened, the city had started flushing the mains. The northwest part of town was flushed in fall
of 1972, and when the weather warmed up, the northeast part of town had been finished. At that
time, the mains were quite rusty. He indicated that four wells were also in the process of being
put into operation in the Pinhook area, at which time, the weather became very warm and the wells
were put to full capacity. The flow of water was changed and the iron and rust in the watermains
was loosened because there was a tremendous volume of water used. Mr. Krueper explained that,
whenever the water pressure,.changes, the loosening of the iron and rust occurs. He also indicated
that the northwest area is furnished water from three directions. He stated that, at present, the
department is trying to devise a way to control the flow of water, by shutting off certain direc-
tions of the flow. He indicated that there is iron in the water; however, the filtration plant ha
decreased the amount of iron. Flushing of the northwest area is almost complete, and the departme
intends to try and flush the entire city. Mr. Krueper explained that there is not as much iron in
the water in some parts of the city as in others, and he concluded that, in order to correct the
problem completely, a great deal more money would be needed to supply the filtration plants.
REGULAR MEETING JULY 9, 1973
REGULAR MEETING - RECONVENED (CONTINUED)
ORDINANCES, SECOND READING
ORDINANCE NO. 5540 -73
AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE
CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND
(NORTHWEST CORNER OF IRELAND ROAD- IRONWOOD DRIVE
INTERSECTION).
This ordinance had second reading. Councilman Serge made a motion that the ordinance pass,
seconded by Councilman Kopczynski. The ordinance passed by a roll call vote of eight ayes
(Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Newburn and Nemeth) with
Councilman Parent absent.
ORDINANCE NO. 5541 -73
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 (NORTHWEST CORNER OF IRELAND ROAD -
IRONWOOD DRIVE INTERSECTION).
This ordinance had second reading. Councilman Kopczynski made a motion that
seconded by Councilman Horvath. The ordinance passed by a roll call vote of
Serge, Szymkowiak, Miller, Kopczynski, Horvath, Newburn and Nemeth) and one
with Councilman Parent absent.
(ORDINANCE NO. 5542 -73
the ordinance pass,
seven ayes (Councilmen
nay (Councilman Taylor)
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 (4134 LINCOLNWAY WEST).
This ordinance had second reading. Councilman Szymkowiak made a motion that the ordinance pass,
seconded by Councilman Taylor. The ordinance passed by a roll call vote of eight ayes (Councilmen
Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Newburn and Nemeth) with Councilman Parent
absent.
ORDINANCE AN ORDINANCE TO AMEND SECTION 15 -16 OF THE
MUNICIPAL CODE OF THE CITY OF SOUTH BEND,
INDIANA, AS AMENDED.
This ordinance had second reading. Councilman Taylor made a motion that the ordinance be stricken
from the files, seconded by Councilman Miller. The motion carried.
ORDINANCE NO. 5543 -73 AN ORDINANCE AUTHORIZING THE EXECUTION OF
A LEASE, TRUST INDENTURE, ECONOMIC DEVELOPMENT
REVENUE BONDS AND THE FORMS AND TERMS OF THE
LEASE AND TRUST INDENTURE AND BONDS AND
MORTGAGE AND THE ISSUANCE OF ECONOMIC
DEVELOPMENT REVENUE BONDS PERTAINING TO R.
LEE FAGEN, d /b /a FAGEN ENTERPRISES.
This ordinance had second reading. There was a brief discussion on a waiver of annexation for
Fagen Enterprises after which Council President Nemeth indicated that he did not think it was
necessary that a waiver be filed. Councilman Serge made a motion that the ordinance pass, seconded
by Councilman Horvath. The ordinance passed by a roll call vote of eight ayes (Councilmen Serge,
Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Newburn and Nemeth) with Councilman Parent absent.
(ORDINANCE NO. 5544 -73
AN ORDINANCE CONFIRMING A CERTAIN RESOLUTION
ADOPTED BY THE BOARD OF PARK COMMISSIONERS
AND THE PUBLIC RECREATION COMMISSION FOR THE
CITY OF SOUTH BEND, INDIANA, DEFINING THE
CONSTRUCTION AND SCOPE, PROHIBITING CERTAIN
ACTS AND ACTIVITIES, REGULATING USES IN THE
PARKS, REGULATING AND RESTRICTING VEHICULAR
TRAFFIC, PROTECTING PLANTS AND SHRUBS, PRO-
VIDING FOR PENALTIES, REPEALING ALL ORDINANCES
IN CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE.
This ordinance had second reading. Councilman Kopczynski made a motion that
seconded by Councilman Szymkowiak. The ordinance passed by a roll call vote
(Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Newburn
Councilman Parent absent.
ORDINANCE NO. 5545 -73 AN ORDINANCE APPROVING A CONTRACT BETWEEN
THE BUREAU OF WASTEWATER OF THE CITY OF
SOUTH BEND, INDIANA, AND VARIAN INSTRUMENT
DIVISION, LOUISVILLE, KENTUCKY, FOR THE
PURCHASE OF A MODEL 1200 ATOMIC ABSORPTION/
FLAME EMISSION SPECTROPHOTOMETER, IN THE
AMOUNT OF $9,744.40.
This ordinance had second reading. Councilman Kopczynski made a motion that
seconded by Councilman Szymkowiak. The ordinance passed by a roll call vote
(Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Newburn
Councilman Parent absent.
the ordinance pass,
of eight ayes
and Nemeth) with
the ordinance pass,
of eight ayes
and Nemeth) with
ORDINANCE NO. 5546 -73 AN ORDINANCE APPROPRIATING $92,000.00 FROM
THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY
REFERRED TO AS GENERAL REVENUE SHARING, FOR
VARIOUS PUBLIC SAFETY PROGRAMS, TO BE ADMIN-
ISTERED BY THE DEPARTMENT OF SAFETY OF THE
CITY OF SOUTH BEND, INDIANA.
This ordinance had second reading. Councilman Miller made a motion to amend the ordinance by
REGULAR MEETING JULY 9 1973
REGULAR MEETING - RECONVENED (CONTINUED)
deleting the sum of $92,000.00 and inserting in its place, wherever used, the sum of $3,800.00,
further to amend the ordinance by the deletion of the following programs:
Program
FA13
"Amended - Demolition"
$25,000.00
Program
FA18
"Police Overtime"
6,500.00
Program
FA22
"Acquisition of Property"
23,000.00
Program
FA24
"Police Equipment"
23,700.00
Program
FA25
"Educational Incentive"
10,000.00
Councilman Kopczynski seconded the motion to amend. The motion carried. (Councilman Horvath
opposed.) Councilman Miller then made a motion that the ordinance pass, as amended, seconded by
Councilman Kopczynski. The ordinance passed by a roll call vote of six ayes (Councilmen Szymkow
Miller, Taylor, Kopczynski, Newburn and Nemeth) and two nays (Councilmen Serge and Horvath) with
Councilman Parent absent.
ORDINANCE NO. 5547 -73 AN ORDINANCE APPROPRIATING $56,000.00 FROM THE
FEDERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED
TO AS GENERAL REVENUE SHARING, FOR VARIOUS
MUNICIPAL SERVICES FACILITY PROGRAMS, TO BE
ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH
ITS DEPARTMENT OF PUBLIC WORKS.
This ordinance had second reading. Councilman Taylor made a motion that the ordinance pass,
seconded by Councilman Horvath. The ordinance passed by a roll call vote of eight ayes
(Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Newburn and Nemeth) with
Councilman Parent absent.
RESOLUTIONS
RESOLUTION NO. 375 -73
A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE
EXECUTION OF AMENDATORY CONTRACT FOR NORTHEAST
CODE ENFORCEMENT PROJECT, INDIANA E -3.
WHEREAS, under the date of May 24, 1973, the Department of Housing and Urban
Development (HUD) allocated an additional $57,341 as a grant to assist in the financing
of the subject Code Enforcement Project; and
WHEREAS, $57,341 of this additional grant is for rehabilitation grants, which
is 100% (per cent) reimbursable by the Department of Housing and Urban Development; and
WHEREAS, HUD has tendered to the City of South Bend, Indiana, an Amendatory
Contract identified as Indiana E -3 (AMT -2) to incorporate said additional grant into the
original contract;
NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend,
Indiana, that said Amendatory Contract #2 is approved and the authority is given to the
Mayor of the City of South Bend to execute said contract on behalf of the City of South
Bend, Indiana, and that the Executive Director of the Department of Redevelopment is
hereby given authority to submit said contract of said City to HUD and to act as
correspondent in all matters pertaining thereto.
s/ Odell Newburn
Member of Common Council
A public hearing was held on the resolution at this time. Mr. Lawrence Wartha, Administrative
Assistant to the Executive Director of the Department of Redevelopment, explained that the resolu-
tion was merely approval of the contract between the federal government and the City of South Bend.
Council President Nemeth asked why the money was granted, and Mr. Wartha indicated that the north-
east code enforcement area could have used more rehabilitation. He mentioned that the Redevelopmen
Department was always requesting additional funding for that purpose, and the amount of $57,341 was
allocated because the department was able to show that the money was needed. Miss Virginia Guthrie
Executive Secretary of the Civic Planning Association, indicated that she did not understand the
resolution. Councilman Newburn explained that, when money was requested, the City of South Bend
had been informed the funds were not available. At present, funding has been allocated and South
Bend had showed the need for the funds. Miss Guthrie asked about a total amount for rehabilitation
and Mr. Wartha explained that the Northeast Project totaled $183,342, and with approval of the abov
mentioned resolution, additional federal funds would be available in the amount of $57,180 for a
total of $240.522. Likewise, the Model Cities Project totaled $145,000, and with approval of the
following resolution, additional federal funds would be available in the amount of $52,500 for a
total of $197,500. He indicated that the application for the money was submitted several months
ago. Councilman Miller asked if the city provided matching funds, and Mr. Wartha indicated that it
did and additional credits were available. Councilman Kopczynski asked what the money in Project
E -3 would be used for, and Mr. Wartha indicated that the funds would be used in bringing homes in
the project area up to code enforcement, with a maximum amount of $3,500 per home. Councilman
Kopczynski asked about the number of units to be brought up to code in the E -3 project area. Mr.
Wartha indicated that the program originally was to be a three -year project; however, not even half
the area would be rehabilitated. Councilman Kopczynski asked if the rehabilitation was done on a
spot basis, and Mr. Wartha answered that it was not that concentrated a project and comes on a
first -come, first -serve basis. Councilman Newburn indicated that any delay on the projects would
inflict a hardship on the people who need their homes rehabilitated. Councilman Kopczynski asked
about the homes that could not be demolished, and Councilman Newburn indicated that, hopefully,
those people would be able to earn the money to rehabilitate their own homes.
Councilman Taylor made a motion that the resolution be adopted, seconded by Councilman Miller. Th
resolution passed by a roll call vote of eight ayes (Councilmen Serge, Szymkowiak, Miller, Taylor,
Kopczynski, Horvath, Newburn and Nemeth) with Councilman Parent absent.
REGULAR MEETING JULY 9, 1973
11REGULAR MEETING - RECONVENED (CONTINUED)
IIRESOLUTION NO. 376 -73
A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE
EXECUTION OF AMENDATORY CONTRACT FOR MODEL
CITIES CODE ENFORCEMENT PROJECT, INDIANA E -5.
WHEREAS, under the date of May 24, 1973, the Department of Housing and Urban
Development (HUD) allocated an additional $52,639 as a grant to assist in the financing
of the subject Code Enforcement Project; and
WHEREAS, $52,500 of this additional grant is for rehabilitation grants, which is
100% (per cent) reimbursable by the Department of Housing and Urban Development; and
WHEREAS, HUD has tendered to the City of South Bend, Indiana, an Amendatory
Contract identified as Indiana E -5 (AMT -2) to incorporate said additional grant into
the original contract;
NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend,
Indiana, that said Amendatory Contract #2 is approved and the authority is given to the
Mayor of the City of South Bend to execute said contract on behalf of the City of South
Bend, Indiana, and that the Executive Director of the Department of Redevelopment is hereby
given authority to submit said contract of said City to HUD and to act as correspondent
in all matters pertaining thereto.
s/ Odell Newburn
Member of Common Council
A public hearing was held on the resolution at this time. Mr. Lawrence Wartha, Administrative
Assistant to the Executive Director of the Department of Redevelopment, explained that this reso-
lution was similar to the previous resolution for the northeast area.
Councilman Taylor made a motion that the resolution be adopted, seconded by Councilman Kopczynski.
The resolution passed by a roll call vote of eight ayes (Councilmen Serge, Szymkowiak, Miller,
Taylor, Kopczynski, Horvath, Newburn and Nemeth) with Councilman Parent absent.
IIORDINANCES, FIRST READING
11 nPntNAWrR
AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION
IN THE AMOUNT OF $400.00 FROM THE GENERAL
FUND TO ACCOUNT L -34, "FILM AND BLUEPRINTING ",
IN THE ENGINEERING DEPARTMENT BUDGET, SAID
ACCOUNT 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 July 23, 1973, at 7:00 p.m., seconded by Councilman Horvath.
The motion carried.
II nPnTNANOR
AN ORDINANCE FIXING THE ANNUAL PAY OF
POLICEMEN FOR THE CALENDAR YEAR 1974.
This ordinance had first reading. Councilman Taylor made a motion that the ordinance be set for
public hearing and second reading on July 23, 1973, at 7:00 p.m., seconded by Councilman Horvath.
The motion carried.
II nPnTNAMrR
AN ORDINANCE FIXING THE ANNUAL PAY OF
FIREMEN FOR THE CALENDAR YEAR 1974.
This ordinance had first reading. Councilman Horvath made a motion that the ordinance be set for
public hearing and second reading on July 23, 1973, at 7:00 p.m., seconded by Councilman Taylor.
The motion carried.
II (11?nTT7ArT(`P
AN ORDINANCE FIXING THE MINIMUM AND MAXIMUM
SALARIES AND WAGES OF APPOINTED OFFICERS AND
EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA,
FOR THE YEAR 1974.
This ordinance had first reading. Councilman Taylor made a motion that the ordinance be set for
public hearing and second reading on July 23, 1973, at 7:00 p.m., seconded by Councilman Kopczynsk
The motion carried. Council President Nemeth requested that present salary figures be available
prior to the public hearing.
ORDINANCE AN ORDINANCE APPROPRIATING $10,000.00 FROM
THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY
REFERRED TO AS GENERAL REVENUE SHARING, FOR
VARIOUS PUBLIC WORKS PROGRAMS, TO BE ADMIN-
ISTERED BY THE CITY OF SOUTH BEND THROUGH
ITS DEPARTMENT OF PUBLIC WORKS.
This ordinance had first reading. Councilman Serge made a motion that the ordinance be set for
public hearing and second reading on July 23, 1973, at 7:00 p.m., seconded by Councilman Taylor.
The motion carried.
ORDINANCE AN ORDINANCE TRANSFERRING THE SUM OF
$72,711.00 FROM VARIOUS ACCOUNTS IN THE
FEDERAL ASSISTANCE PROGRAM FA -2, "DRUG ABUSE
PROGRAM ", to ACCOUNT 266, "OTHER CONTRACTUAL
SERVICES ", ALL ACCOUNTS BEING WITHIN THE DRUG
ABUSE PROGRAM, DEPARTMENT OF HUMAN RESOURCES
AND ECONOMIC DEVELOPMENT.
This ordinance had first reading. Councilman Taylor made a motion that the ordinance be set for
public hearing and second reading on July 23, 1973, at 7:00 p.m., seconded by Councilman Kopczynski
The motion carried.
REGULAR MEETING - RECONVENED (CONTINUED)
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) - IRONWOOD ROAD
AND TOPSFIELD ROAD.
s ordinance had first reading. Councilman Taylor made a motion that the ordinance and petition
referred to the Area Plan Commission, seconded by Councilman Kopczynski. The motion carried.
RDINANCE 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) - 150 WEST ANGELA.
is ordinance had first reading. Councilman Taylor made a motion that the ordinance and petition
referred to the Area Plan Commission, seconded by Councilman Kopczynski. The motion carried.
PRIVILEGE OF THE FLOOR
Mrs. Eleanor Taylor, 1329 West Fisher Street, indicated that she had four requests to make to the
Council. She requested the replacement of the old street lights in the Fisher Street area. She
explained that the vandalism is very great and there are a great many senior citizens living in the
area. She felt only three or four lights would be needed. She also requested consideration be
given to the possibility of one -side parking on Webster Street three blocks north on Sample and the
1300 block of Fisher from Arnold to Walnut Streets. She indicated that, when cars are parked on
both sides of the street, it is impossible for two cars to get through. She stated that a traffic
survey had been conducted in the area and the one -side parking was needed. She also requested
consideration of the possibility of converting a two -story home at 1324 West Fisher Street into a
senior citizen recreation area. She thought the building was either city -owned or county- owned,
and the building is being wasted at this time. She mentioned that she had talked with Mr. James
Seitz about the building, and he had indicated to her that he would check into who owned the
building. She also requested periodic use of foot patrols in her district, and she cited an inci-
dent of a beating in the area one evening and of numerous complaints of vandalism and purse
snatching. Council President Nemeth asked Mrs. Taylor if she had taken her requests up with her
councilman. Councilman Kopczynski indicated that these matters were taken up some time ago;
however, nothing had been done. He felt proper attention was not being given the neighborhood.
Mrs. Taylor expressed concern for the neighborhood and also that the people living in the area shou
be entitled to a little consideration for their own safety. Councilman Miller indicated that one
of the functions of the Civic Center was to have a recreation center for the senior citizens. He
felt that, perhaps converting the empty building would also be a good point and should be looked
into. Councilman Kopczynski indicated that he felt the people living in the area know the situatio
far better than someone who knows the situation from theory. Councilman Serge thanked Mrs. Taylor
for appearing before the Council. Mrs. Taylor also indicated that perhaps consideration could also
be given to the replacement of a 1945 aerial fire truck in the area. She indicated that the truck
was very old, and she found this alarming because of the great number of older homes in the distric
Councilman Szymkowiak felt a fire station should be constructed in the center of the district. He
indicated that he had tried to propose just that and no one had listened. Mrs. Taylor thanked the
Council, and Councilman Kopczynski indicated that he was pleased to know of Mrs. Taylor's interest
in her area. He indicated that he would check into the matters.
iss Virginia Guthrie, Executive Secretary of the Civic Planning Association, felt recognition
hould be given to Fireman Jozwiak for rescuing a young boy from a burning building on Sample Stree-
ouncilman Miller made a motion that Fireman Jozwiak be commended and the City Clerk send a letter
f commendation to him, seconded by Councilman Taylor. The motion carried.
SHED BUSINESS
ouncil President Nemeth indicated that the rezoning of 3027 McKinley Avenue, which had been
eferred to the Ordinance Committee, was being considered by that committee. He indicated that the
ommittee would report on the matter at the next Council meeting.
NEW BUSINESS
Duncilman Miller made a motion that the next regular meeting of the Common Council be held at
:00 p.m., seconded by Councilman Kopczynski. The motion carried.
ncil President Nemeth requested that the Legal Department draw up the necessary ordinance to
nd the meeting time of the Council to 7:00 p.m., rather than 8:00 p.m.
re being no further
e a motion that the
meeting adjourned
TTEST:
business to come before the Council, unfinished or new, Councilman Miller
meeting be adjourned, seconded by Councilman Taylor. The motion carried,
at 11:07 p.m.
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