Loading...
HomeMy WebLinkAbout10-22-73 Council Meeting Minutes- h.- 1-+ .- 1- .- 1-- h- F.- 1-- F-- f-.- h- h- h- F.- I- .- F- ....- I-- F- ...-f-.-f--hf--I- +.-f- +....- *tg -1- j+ , —+ #-F--h-h-h-F--1-l--h�--�.... ......................... .. i IIREGULAR MEETING OCTOBER 22, 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, October 22, 1973, at 7:03 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. I lCouncil President Nemeth indicated that he wished to thank his fellow councilmen, the City Clerk's Office and all those persons who expressed concern during his recent hospitalization. (Councilman Kopczynski made a motion to resolve into the Committee of the Whole, seconded by Councilman Taylor. The motion carried. IICOMMITTEE 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, October 22, 1973, at 7:04 p.m., with nine members present. Chairman Odell Newbu presided. II ORDINANCE AN ORDINANCE REQUIRING CITY DEPARTMENTS TO SUBMIT BUDGETS TO COMMON COUNCIL. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Council President Peter J. Nemeth made the pre- sentation for the ordinance. He explained the provisions of the ordinance, indicating that it was proposed that some of the departments, particularly the Waterworks, would be required to submit budgets to the Council for approval. He stated that this had not been done before and gave rise to the opinion by the public that something "fishy" was going on. He stated that he was not going to point fingers at anyone; however, he felt it was very important that such an appearance be done away with. He stated that the ordinance would require budgets from the Bureaus of Municipal Parking, Sewers, Solid Waste, Water Supply and Wastewater, and would be submitted to the Mayor for his recommendation and then to the Council on or before November 1. He indicated that the budgets would be annually and on a calendar -year basis. In the event that the Council would not act on or before the last day of November, the budgets previously passed would remain in effect. The Council would have the power to reduce the budgets but could not increase them unless recommended by the REGULAR MEETING OCTOBER 22 1973 COMMITTEE OF THE WHOLE MEETING (CONTINUED) Mayor. He indicated that there was a penalty clause for persons violating the proposed ordinance of a prison term of not more than six months or a fine not more than $500, with said person being subject to removal from office. Council President Nemeth then stated the reasons for the proposed ordinance. He felt the opportunity for corruption would be diminished, the departments would be put on a business -like basis and be made to conform to other city departments, and the confidence of the people of South Bend would be maintained as far as the Council's ability to govern effec- tively. Mr. Maurice Cohen, 725 Eckman Street, wondered why the taxpayers had not been furnished a copy of the budget for the Waterworks Department. He stated that the utility belonged to the citizens of South Bend, not the Mayor and Manager of the utility, and he felt the citizens should be furnished a copy of the budget. Council President Nemeth stated that the ordinance at hand was not the actuz budget ordinance for the Waterworks. He indicated that the proposed ordinance merely required that a budget be submitted. He explained that the budget for the Waterworks Department had been filed with the City Clerk and was available for public inspection in that office. Council President Nemeth stated that he hoped the Council would make an amendment to the ordinance in Section 2 by the addition of the following phrase: "and a statement of the revenues received in the last complete calendar year, if any." Councilman Parent so moved, seconded by Councilman Taylor. The motion carried. Councilman Parent indicated that he felt the Council was acting wisely regarding the ordinance and he expressed his support of the ordinance. Councilman Kopczynski made a motion that the ordinance go to the Council as favorable, as amended, seconded by Councilman Szymkowiak. The motion carried. ORDINANCE AN ORDINANCE AMENDING CHAPTER 13 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1971, BY THE ADDITION OF ARTICLE 6 TO PROHIBIT THE BURNING OF LEAVES WITHIN THE CITY. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Chairman Newburn reminded the citizens that this portion was the public hearing and those persons who wished to speak would be heard. He requested that those persons speaking refrain from using personalities in their presentations. Mayor Jerry J. Miller made the presentation for the ordinance. He indicated that he has stated that the Street Department would pick up every leaf that was bagged and set out for collection. He also stated that a letter had been sent to all private trash haulers regarding the proposed ordinance. He explained that there were certain problems regarding the leaf pickup. He mentioned that bagginc would be very difficult for persons living in the heavily wooded areas. He stated that the city would work with those areas as far as handling the problem other than bagging. He stated that the main problem was the amount of time from the beginning of the leaf program and the first snowfall. Last year, there had been a problem with the wet leaves, and he was hopeful that that problem woul� not take place again. He stated that the city would use the two leaf pickers this year; however, I indicated that the trucks were used almost 10 hours a day by the Sanitation Department. He expressed hope that the citizens would cooperate with the Street Department on the pickup of the leaves. He indicated that the Street Commissioner had made an announcement concerning the areas tc be worked on for the week. He indicated that this would be done in advance so the citizens would be aware of the areas each week where the leaf pickup would take place. He was hopeful that some of the areas could be gone over two or three times because of the problem the city was faced with now of not yet having a killing frost in order to make the leaves fall. Mrs. Judy Hover, 223 Wildemere Drive, indicated that she was representing the residents of Berclifj Estates. She stated that the residents in that area did not necessarily want to burn the leaves; however, because of the numerous oak trees in the area, there was quite a problem with the vast amount of leaves every fall and spring. She indicated that an ecologically sound alternative solu- tion would be supported by the residents; however, such a solution had not yet been found. She briefly talked about the size of the lots and the number of trees. She talked about the oak leave: and related problems, concentrating on the problem of mulching the oak leaves which could not be done because of the chemical content. She also stated that any attempts to compost the leaves from any number of trees on a city lot would turn the lot into a breeding area for bugs and mosquitos. She also stated that leaves in bags do not rot; likewise, plastic in the ground does not rot. She talked about the cost of bagging all the leaves and the problem the older citizens would have concerning the leaves. She expressed hope that, in the future, South Bend would be able to institute such a leaf program as Mishawaka had done with the purchase of adequate equipment. She brought up the problem of the gasoline shortage and wondered if a study had been made of the city's gasoline supply of the Fire, Police and Street Departments in an effort to determine if the supply could meet the demands of the leaf pick -up program and still provide for emergency needs. She asked three questions of the Mayor: What agency would enforce the ordinance? How? Under what budget? Mayor Miller attempted to answer Mrs. Hover's questions and comment upon the statements made. He indicated that the Environmental Protection Officer would investigate the violation and the name of the violator would then be turned over to the Department of Law for proper action. He felt that it was time that the city investigate the possibility of having one environmental protec- tion agency relating to air and noise pollution as there was too much of a duplication of services, He stated that matters of this kind were very hard to prosecute. He indicated that, if the city was provided with the facilities to handle the problem, it would be taken care of. He explained that the money would come from already existing departments; namely, the Street Department. He indicated that some of the equipment and manpower could possibly be utilized from the Park Department and Sanitation Department. He assured the citizens that the city would not raise its trash rates in order to handle the problem. Mr. Ed Slake, 1216 North Huey Street, indicated that all he knew was what he had read in the paper. He quoted from an article which appeared in the October 21st edition of the South Bend Tribune. He also mentioned the article which appeared in the "Voice of the People ". He referred to the article wherein Councilman Parent had indicated that it was possible that the Mayor could be authorized to allow a period of time for leaf burning if hE felt it was necessary. Mr. Slake brought up the matter of cigarette smoking and asked which was more dangerous. He referred to the abolishment of the county ordinance on leaf burning and talked briefly on the cost of bagging the leaves. He stated that he had appeared before the Council when the proposed ordinance had been given first reading and, since that time, he had received many letters and telephone calls in favor of leaf burning. He wondered about the cost of the leaf 5 IICOMMITTEE OF THE WHOLE MEETING (CONTINUED) machines and talked about the fine imposed by the burning of leaves, indicating that he felt it wa way out of proportion. He quoted from a letter written by a Notre Dame football fan about the running of the buses at the football games. He felt that some of the poorer taxpayers were being "put up against the wall ". Mr. Slake talked about the time when he had been an employee of the Street Department and the experiences he had had with leaf pickup. Mayor Miller indicated that it was important that many people did not remember that the present administration had cut a great deal of money from the budget that was being wasted. He explained that some cities have put this type of program entirely on the tax base. He stated that, if additional equipment is purchased, the taxpayers would have to pay for it. Regarding the leaf pickup, the Mayor explained that the city would provide the service at no additional cost to the taxpayer. In some areas, there were problems because of the great number of trees. He stated that a great deal'depends on the weather which must be taken into consideration also. He stated that the city was not amending the county ordinance, and indicated that the County Commissioners have jurisdiction over all places in the City of South Bend as far as industrial burning and fireplace burning. He indicated that leaf burning was a concern for people with heart and lung diseases. The problem was very complicated, and he indicated that the city was trying to come up with a solution. He felt the leaf pick -up program was the best solution and felt it would be successful. He mentioned that a study was bein made on the compost of the leaves and the role the Sanitation Department played. Mr. Slake indica that, as far as the increase in taxes for the additional equipment, he wanted to see consideration given to the senior citizens. Mr. Howard Emmons, 2627 East.McKinley, felt that one way to save taxes was to allow the burning or leaves. He stated that he had approximately four acres of land and a great number of oak trees. He had not been able to find anyone that could pulverize the oak leaves. He wondered how much pollution there would really be if the leaves were burned and there was not much smoke. He stated that, if the leaves are dry, there is mostly heat and not pollution. He wondered if this was a detriment to the health of the people. He hoped that there would be some kind of relief given. He felt the Street Department had enough work to do. He was hopeful a solution could be found, possibly allowing burning for a few days each year. Ms. Kelly Kelsey, 1015 Hudson Avenue, repre- senting the "Protect Our Planet" group, indicated that she considered it a waste to be back again before the Council on the same subject as last year. She stated that environmentalists have given reasons for supporting the ban on leaf burning. She urged passage of the ordinance and indicated that the quality of life would be improved for the whole population and the total environment. Mrs. Judy Olson, 1541 Vernerlee Lane, representing the League oz women voters anu the tuuer.Lvall Association of University Women, indicated that her group supported the proposed leaf burning ban. They felt clean air was a necessity in order to provide the maximum protection to the health and property of the citizens. She felt the leaf collection proposal was a good alternative plan and appeared quite feasible. Mr. Don Linger, 15595 Winding Brook Drive, Mishawaka, spoke on behalf of the American Society of Civil Engineers. He spoke on air pollution, the proposed ordinance and the burning of leaves. He referred to a graph regarding leaf burning and the concentration in the air during burning periods. He urged that the Council ban the open burning of leaves. He indicate that, between the period of October 15 to November 15 and the period of 30 days following, it had been proven that the air was not clean. He was referring. to an air quality test conducted at the Notre Dame Sampling Station in 1971. Mr. John Poorbaugh, 3512 Oakcrest Drive, stated that the leaves the people were dealing with were black oak leaves and were not mulchable. He stated that the Science Coordinator for the South Bend Schools indicated that there was very little pollution when burning dry leaves. He stated that he was an ecology teacher at LaSalle High School. He wondered what percent of air pollution was caused by leaf burning. He felt that disposal of leave: by collection was not the solution. He then quoted from the August issue of the Consumer Bulletin regarding a situation in New Jersey and the affect the leaves have on water and the water supply. He stated that the leaves give off an acid which is taken into the water. He felt that the ground and water was just as important as the air. He stated that the most practical method of disposing of the leaves would be a period in the spring and fall for burning. Mr. Fred Wilson, 4701 Fellows Road, indicated that there has always been a problem with leaf and snow removal. He stated that those persons with large lots and many trees do have a problem. He suggested that the Mayor's pro- gram be followed with the pickup of the leaves; however, that a specific period of time in the spring and fall be allowed for burning leaves. He felt that, if the Mayor's program worked, then there could be a ban imposed on the burning of leaves. Mrs. Connie Green, 3217 Dunham Street, indicated that she lived in the inner city and there were not many trees in that area. She oppose( leaf burning because of the pollution it caused, but she indicated support of leaf burning for tho! persons who could not afford the bagging. She asked about the pollution caused by the industries and factories within the city. She stated that those factories have not been controlled. Mr. Jac) Miller, Vice President of the Civic Planning Association, indicated that pollution should be elimi- nated and the city had made efforts to control the problem. He stated that the association felt a two -week period in the spring and fall should be allowed until successful collection of the leaves is achieved. Dr. Helen Calvin, 103 South Eddy Street, referred to the March 13, 1973, edition of the Chicago Tribune regarding air pollution. She stated that science has learned much about the pollution caused by nature and not by man. The rotting of leaves on the ground produces gases as in burning. She expressed concern about this. She indicated that she had read studies but was not aware of how harmful this would be. She stated that homeowners produce 3% of the total air pollu- tion and 60% of the pollution is caused by nature. She wondered how nature could be stopped. She indicated that she had written to the Environmental Protection Agency regarding this matter. They had replied that, during the last 10 years, there were only 10 potentially hazardous days of air pollution in the Michiana area. She stated that that only amounted to one day per year. She felt the freedom of choice was being taken away from the citizens. She stated that it had been proven that cigarette smoking was far worse. She asked what department of the administration defended the rights of the citizens to freedom of choice. Councilman Miller replied that the Common Council wa; that body. Mrs. Lee Swan, 2022 Swygart, indicated that the problem comes up every year and there never appears to be a solution to the problem. Last year, she indicated that there had been a great problem with the bagging of leaves. She felt that, until there was a solution, the citizens should be allowed to burn the leaves for certain periods of time. She also stated that, if the Environmental Protection Agency would enforce laws against burning of other materials, this would not be a problem. She indicated that, at one time, leaf burning was very common. She felt the industries have put the chemical garbage into the air. Ms. Kathy Kline, 1735 Bergan Drive, a registered nurse, spoke against the burning of leaves. She indicated that she supported the Mayor proposed ordinance and stated that air pollution correlates with heart and lung disease. She indicated that leaf burning was only one contributor, but it should be taken seriously. She urged the Council to vote in favor of the ordinance. Mrs. Ann Wlodarski, 1869 Riverside Drive, expresses her feelings, indicating that she was in favor of a period of leaf burning for the citizens. She 551 COMMITTEE OF THE WHOLE MEETING (CONTINUED) asked that Mr. Decker inform the Council and citizens as to what had happened to the leaves that had been picked up in the spring of the year. She indicated that, night after night, the city trucks had been driving down Riverside Drive transporting leaves. She explained that, at the maintenance area, the leaves were being picked up because they had been dumped there and then transported to the landfill. Mr. Decker stated that, last year, the leaves had been stored in that area and then moved to the Cleveland Road dump. Mr. Roman Kowalski, 802 Birchwood, talked about incinerators in the homes where garbage and trash was being burned. He indicated that he was against leaf burning only when there was a problem of disposing of them in other ways. He felt the people who had the problem should be given some kind of permit to allow them to take care of the problem. Mr. Robert Rayl, 4707 Fellows Road, indicated that he had recently been annexed to the city against his will and, since that time, the tax rate had increased and the services hav not been sufficient. He felt an interim period of at least two weeks a year should be given for the leaf burning. Mr. Charles Carlley, 228 Wildemere Drive, felt something should be done -about the problem. He stated that people die every year from shoveling snow and that could not be pro- hibited. He felt a compromise was needed. He indicated that the citizens wanted a better solutio than the leaf pick -up program. He stated that a certain period of time to burn seemed to be the only solution at the present time. He stated that the citizens did not necessarily want to burn the leaves, but it was the only solution at present. Mr. Kenneth Krueger, Wooded Estates Sub- division, stated that, at one time or another, leaves have always been burned in South Bend. He wondered how many other cities in Indiana have such an ordinance prohibiting burning. He stated that he had attended nearly all the meetings held on leaf burning, and in 1971, the problem of lea burning was very bad. He wondered how bad the problem had been in 1972. He did not feel that the would be much pollution if citizens were allowed to burn. He wondered how many landfills would be filled with all the bagged leaves. He talked about the poor job done by the Street Department las year in the pickup of leaves. He stated that the leaves were put out dry for pickup, but by the time the Street Department picked up the leaves, the rain and snow had come. He indicated that the number of trees in Wooded Estates was enormous. Mr. Stanley Kaminski, 2450 Prast Boulevard, wondered how the people could be penalized when the city could not come up with the necessary equipment to pick up the leaves. Mr. Kenneth Holderman, 3610 Oakcrest Drive, stated that it was impossible to determine when the leaves would come down and for how long. He did not think a specific date could be given for the burning at this time. Mr. Daniel Lawson, Professional Engineer, Chairman of the St. Joseph County Air Pollution Advisory Committee, named the members of the committee which consisted of doctors, attorneys and engineers. He indicated that the committee wanted to go on record as being opposed to open burning in St. Joseph County and particularly in those areas that were heavily populated. He stated that there was very little pollution caused by the burning of very dry leaves; however, there was a problem of control. The appropriateness of burning the leaves could not be gauged. He felt that about 1% maximum was air pollution caused by burning leaves; however, it was a major problem. Also, there was a problem of the factories polluting and he indicated that control for the factories was being researched. The emission levels would be brought down to standards in time. A two -week burning is not a good idea as far as concentrated burning, according to Mr. Lawson. He stated that it wou: be better to burn all year and spread it out. He urged that the Council act favorably on the no- burning ordinance. Mr. James Beck, 1630 East Randolph, indicated that every year he was faced wit] the problem of many leaves and their disposal. He felt the people needed leaf burning especially when the leaf pick -up machines appeared not to be adequate. He talked briefly on the pollution caused by the factories and was of the opinion that some of the pollution should be cleaned up but he did not think the working man should be picked on. Mr. Holderman stated that the tests con- ducted on the effect of leaf burning were completed in 1971 when the leaves were very wet and the air very still. He stated that this was the worse possible time to burn; however, there have been times since then that have not been as bad. Mr. Carlley thanked the Council for its patience in listening to the comments of the citizens. Councilman Szymkowiak made a motion that the Council take a recess, seconded by Councilman Taylor. The motion lost. Councilman Serge indicated that he felt trees and leaves were quite a problem. He stated that his constituents were in favor of burning leaves. He indicated that he had always had a problem with leaves in his district, especially on Portage Avenue. He felt more equipment was necessary and stated that Mishawaka had three leaf - picking machines. He suggested that the burning be allowed until the necessary equipment could be purchased to handle the problem effec- tively. Councilman Szymkowiak indicated that he was opposed to burning anything. He was in favor of storing the leaves in an open container until the city could pick them up. He stated that.the city was willing to pick up the leaves but did not want the leaves pushed out into the streets. He indicated that he would support the burning of leaves only when necessary for a specific period of time if there could be a guarantee that no garbage or trash would be burned. He felt that that guarantee could not be made. He did agree that bagging was expensive. Councilman Miller felt the politicians have failed in trying to take care of the leaf problem. He indicated that there were two factors to consider. He stated that picking up the leaves is expensive and requires adequate equipment and much manpower. He felt that a leaf pick -up program was necessary if burning was to be prohibited. He felt a compromise should be reached or the matter delayed. Councilman Parent indicated that he was opposed to leaf burning. He expressed the hope that existing trees would be taken care of and additional trees planted. He indicated that some people have a great many trees and the trees provide beauty to the city; however, those people were being penalized. He felt tha the people with lung and heart problems should also be considered in the decision. He suggested a amendment to the ordinance which would pass the ordinance but leave the option to the Mayor to all burning on certain days. He made a motion to amend the ordinance in Section 13 -76 (a) by adding the following: "except that the Mayor of South Bend may authorize leaf burning up to a maximum of 30 days per year. Burning of leaves may be allowed by the Mayor of South Bend in increments of on two, three and four days during those times when the resulting smoke will be dissipated most expediously." Councilman Miller seconded the motion. Councilman Taylor stated that the people di not claim to like burning but they felt it was the only solution at this time. He felt the burnin of leaves would be a mistake for the community. He felt there was a need for a real commitment fo clean air especially when the Mayor had stated that he was willing to handle the problem with methods other than bagging. He also felt that, when a law was passed, every citizens should be considered. He thought that burning would be seen throughout the community because the Council would allow it; however, he would have to vote against the issue. He felt that there would be a greater problem after the burning than the problem the people were faced with at the present time. He referred to the statement made by one of the speakers regarding freedom of choice being taken away from the people. He felt that freedom of choice was taken away from the people for the commo good. He stated that a few people that had spoken mentioned the taxpayers. He referred to a budg 56 REGULAR MEETING OCTOBER 22 1973 II COMMITTEE OF THE WHOLE MEETING (CONTINUED) hearing held in the past when only seven persons had attended. He concluded by stating that he would vote in favor.of the no- burning ordinance. Councilman Kopczynski wondered what produced the most pollution - -the actual burning of leaves or the pollution caused by the heavy equipment being used to pick up the leaves. He felt this was important to consider because the internal combustion engine was the biggest contributor to the pollution problem. He was of the opinion that the worse cause should be handled first. He stated that he would appreciate some facts and figures from the American Society of Civil Engineers and not just opinions on the leaf burning. Councilman Horvath indicated that the councilmen had a hard job to do, but he felt a councilman must do what he felt was right for the citizens. He wondered if the burning of trash might be started again because of the leaf burning being allowed. He indicated that the Street Department was criticized for the job done last year; however, the fall had been very wet and the leaves could not be picked up with the equipment. He mentioned the time factor also involved last year. He felt the leaf -vac had done a sufficient job in view of the wetness of the fall last year and the amount of rain that had fallen. He defended the administration because they had tried to solve the problem last year. He stated that he opposed leaf burning and indicated that those same people who were in favor of the burning would be the first to complain about the burning of trash and garbage because he felt this would be started by allowing the citizens to burn leaves. Council President Nemeth stated that it appeared that the residents did not want to burn the leaves but have no other way to dispose of them. He indicated that the Mayor had stated that he would try to take care of the problem. As he saw it, the ordinance could either be passed, defeated or amended to allow the Mayor to specify a period of time for the burning. He felt the latter was putting a great deal of responsibility upon the Mayo especially in light of the fact that the Mayor opposed leaf burning. Council President Nemeth did not feel this would be feasible or workable. He stated that another solution would be to refer the ordinance to .a committee to study the effects of leaf burning on the environment. He further indicated that the'cost of leaf pickup would also have to be considered including manpower, land- fills, and maintenance and operation, and the newly annexed areas of the city. He felt the same problem would arise in coming years. He suggested that the facts and figures be brought to the Council for.consideration in the hopes of perhaps finding a solution to the problem. Mrs. Irene K. Gammon, City Clerk, asked permission of the Council to speak. She indicated that she had been offended by the remark made by one of the councilman insinuating that the people who wanted to bur the leaves would also burn garbage. She stated that the residents in Bercliff Estates owned homes valued between $25,000 and $50,000 with one home being valued at $75,000 and even possibly $100,000 She stated that those people would not burn their garbage and trash and that they only wanted to be able to burn the great abundance of leaves in the area. Councilman Horvath came to his defense, indicating that he had not implied that. He stated that he felt the burning would only "open a can of worms" which would lead to the burning of garbage and trash. He felt that the same people that advocated the leaf burning would be the people to object when some of the citizens started burning trash. Chairman Newburn indicated that, until a solution was found, he felt the burning should be allowed. He stated that the Mayor and administration had made the first move for pur- chasing the vac machines; however, he felt the problem was not resolved and, until it was, burning should be allowed for certain periods of time. Councilman Kopczynski stated that political supress, is one of the greatest problems the people are faced with. Mayor Miller stated that, last year, th' Street Department had done a good job on removing leaves within the community in a three -week peril, He stated that the circumstances were very difficult at that time. He explained that the vac packs, were two pieces of equipment purchased for the Sanitation Department and the sucker -type equipment' was installed with the hopes of picking up the leaves. He felt that perhaps there was a special type of equipment but the city could not afford to purchase the equipment that would only be used for the pickup of leaves. He felt that only 10% to 15% of the people in the community have a serio problem with the leaves and that the money must come from'-.the taxpayers in order to take care of the problem. He talked about the cutback of employees in the Sanitation Department. He stated that, if the money was given to him, he could solve the problem; however, the problem would not be'i solved by the suggestions made and the purchase of two or three machines would not solve the proble either. He again commended the Street Department for its work because of the circumstances involve, He stated that he would go along with the Council's recommendation. He added that visability pro -! blems result from the burning besides the pollution problem. Councilman Taylor recommended to Councilman Parent that at least the burning should be allowed according to the Health Department. Council President Nemeth stated that the leaves only fall at certain times; therefore, the burning done would only be done during those times. Councilman Parent indicated that his amendment would still allow the Council to study the matter. He stated that it was only a stop -gap measure. There was a call for the question. Councilman Parent's motion was defeated. At that time, Councilman Parent requested a roll call vote on the issue. The motion was defeated by a roll call vote of four ayes (Councilmen Serge, Miller, Parent and Newburn) and five nays (Councilmen Szymkowiak, Taylor, Kopczynski, Horvath and Nemeth). Councilman Szymkowiak made a motion to take a recess, seconded by Councilman Kopczynski. The moti carried. Recessed at 9:55 p.m. Reconvened at 10:14 p.m. Councilman Parent made a motion to amen the ordinance by the addition of the following in Section 13 -76 (a): "except that leaf burning will be allowed from 7:00 a.m. to 7:00 p.m. at the following times during the year: from October to November 15 and from April 15 to May 15 of each year." Councilman Kopczynski seconded the motion. The motion carried. A roll call vote was requested, whereupon the Chairman declared that the motion had passed. Councilman Parent then made a motion to amend Section 13 -77 of the ordinan by adding the following after the figure "$300.0011: "to which may be added imprisonment ". Counci President Nemeth seconded the motion. The motion was defeated. Councilman Kopczynski then made a motion to amend Section 13 -77 of the ordinance by changing the minimum fine from $25 to $10 and th maximum fine from $300 to $100, seconded by Councilman Szymkowiak. Councilman Taylor asked for a legal opinion on the amendment. He wondered if the Council could change the amount of the fine. He stated that he did feel the ordinance as proposed carried too rigid a penalty. Deputy City Attorney Robert Parker advised the Council that they could do so; however, he indicated that, because the imprisonment clause had been taken out of the ordinance, the reference to the 30 -day period should also be deleted as it pertained to the prison sentence. Councilman Miller made a motion to strike the imprisonment clause, seconded by Councilman Taylor. The motion carried. Councilman Parent then made a motion, after a call for the question on the amendment changing the fine to a minimum of $10 and a maximum of $100 and the motion being carried, that the ordinance go to the Council as favorable, as amended, seconded by Councilman Kopczynski. A roll call vote was requested. The motion carried by a roll call vote of five ayes (Councilmen Serge, Parent, Kopczynski, Newburn and Nemeth) and four nays (Councilmen Szymkowiak, Miller, Taylor and Horvath). ORDINANCE AN ORDINANCE TO REPEAL ORDINANCE NO. 5053 -69 REGULATING THE PRESENCE OF MINORS UNDER THE FULL AGE OF EIGHTEEN YEARS ON s n a REGULAR MEETING OCTOBER 22 1973 COMMITTEE OF THE WHOLE MEETING (CONTINUED) ORDINANCE (CONTINUED) PUBLIC STREETS AND OTHER PUBLIC PLACES BETWEEN CERTAIN HOURS, AND TO RE- AFFIRM STATE STATUTE 9 -3204 PERTAINING TO CURFEW ENFORCEMENT FOR JUVENILES. 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, made the presentation for the ordinance. He indicated that much time and research had gone into the proposed ordinance which came about because of a conflict between the present city ordinance and the state statutes. He explained that, during the past 21 months, only 7 juveniles were liste< for curfew violations, while Elkhart County averages 200 such violations per month. He briefly went through the sections of the ordinance. He requested that the Council repeal the city's present ordinance and re- affirm the state statutes. He pointed out that the present ordinance was unenforceable. He then indicated that Mr. Mike Carrington and Mr. Harold Brueseke were present to explain further any questions the Council might have. Mrs. Vaszari, 830 South Falcon, indicated that she was in favor of such an ordinance; however, she felt that 11:00 p.m. was too late for 11 and 12 -year olds. She asked if a staggered time limit could be arrived at for the various age levels. She also questioned the 5:00 a.m. time period. Mr. Gallagher indicated that a juvenile was defined as "anyone under eighteen ". He felt that the city could make the ordinance stricter than the state statute; however, that a staggered curfew would be more difficult for the law enforcement officer. He hoped that the parents could exercise the necessary control over the 11 and 12 -year olds. Councilman Horvath indicated that juveniles did not always carry identifica- tion cards. He also felt that staggered times would be difficult and hard to enforce. Mrs. Elsie Britton, 3017 West Ford, asked about the 5:00 a.m. time period. She also mentioned that the paper had stated other times. Mr. Harold Brueseke, Juvenile Referee, indicated that the Common Council does not have any authority to adopt any ordinance dealing with juvenile delinquents that could be enforced. He explained the laws made by the legislature which deleted the power of the legis- lative body, the Common Council. He indicated that the Council could go on record supporting the state statutes and repealing the prior ordinance. He indicated that the Council could not adopt its own curfew ordinance establishing times. Council President Nemeth questioned the need for the ordinance. He felt the repeal of the prior ordinance was all that was necessary. He then moved to strike from the ordinance Section II, re- affirming the state statutes, seconded by Councilman Kopczynski. Mr. Carrington pointed out that, at the present time, the city ordinance sets a different time than the state statutes. He felt fair notice should be given to those persons con- cerned. Councilman Miller stated that the Council was anxious to repeal the prior ordinance. Mr. Gallagher indicated that the ordinance had been written at the advice of the Legal Department which repealed the city's ordinance and re- affirmed the state statutes. The motion to amend carriE Councilman Taylor objected. Councilman Kopczynski then made a motion that the ordinance go to the Council as favorable, as amended, seconded by Councilman Taylor. 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 Kopczynski. The motion carried. ATTEST: CITY CLERK 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 10:40 p.m., Council President Peter J. Nemeth presiding and nine members present. 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 October 8, 1973, regular meeting of the Council and found them correct. They, therefore, recommend that the same be approved. s/ Terry S. Miller Councilman Taylor made a motion that the report be accepted as read and placed on file and the minutes be approved, seconded by Councilman Newburn. 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 nine ayes (Counci men Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). REPORTS FROM AREA PLAN COMMISSION The Honorable Common Council October 17, 1973 City of South Bend County -City Building South Bend, Indiana In Re: A proposed ordinance and site development plan of Wilma K. Feltz, et al, to zone from Residential, "A" Height and Area, to "C" Commercial, "A" Height and Area, property located at 2017 West Dubail Street, City of South Bend. Gentlemen: REGULAR MEETING OCTOBER 22, 1973 (IREGULAR MEETING - RECONVENED (CONTINUED) The attached rezoning petition of Wilma K. Feltz, et al, was legally advertised October 6, 1973, and October 13, 1973. The Area Plan Commission gave it a public hearing October 16, 1973, at which time the following action was taken: "Motion by Garrett Mullins to unfavorably recommend the petition of Wilma K. Feltz, et Al, was seconded by Robert Lehman and carried. The petition of Wilma K. Feltz, et al, to zone property at 2017 West Dubail Street, City of South Bend, from "R" Residential to "C Commercial is unfavorably recommended to the Common Council by the Area Plan Commission as it would be detrimental to the residential area and does not conform to the Land Use - Transportation Plan." The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in excerpts of the minutes and will be for- warded to you at a later date to be made a part of this report. RSJ /ch attach. cc: Wilma K. Feltz Very truly yours, S/ Richard S. Johnson Executive Director I land Councilman Newburn made a motion to set the ordinance referred to in the report for public hearing second reading on November 13, 1973, seconded by Councilman Taylor. The motion carried. * * * * * * * * * * The Honorable Common Council City of South Bend County -City Building South Bend, Indiana In Re: A proposed ordinance and site development to zone from "A" Residential, "A" Height "A" Height and Area, property located at City of South Bend. Gentlemen: October 17, 1973 plan of Wallace R. Swearingen and Area, to "B" Residential, 3414 East Jefferson Boulevard, The attached rezoning petition of Wallace R. Swearingen was legally . advertised October 6, 1973, and October 13, 1973. The Area Plan Commission gave it a public hearing October 16, 1973, at which time the following action was taken: "Upon a motion by Robert Lehman, seconded by Kenneth Woods and carried with Joseph Simeri abstaining, the petition of Wallace R. Swearingen to zone from "A" Residential, "A" Height and Area, to "B" Residential, "A" Height and Area, property located at 3414 East Jefferson Boulevard, City of South Bend, is unfavorably recommended to the Common Council of the City of South Bend as the Area Plan Commission finds it would be detrimental to the residential area and is not consistent with the Land Use - Transportation Plan." The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in excerpts of the minutes and will be for- warded to you at a later date to be made a part of this report. RSJ /ch attach. cc: Wallace R. Swearingen H. Theodore Noell Very truly yours, s/ Richard S. Johnson Executive Director Councilman Newburn made a motion to set the ordinance referred to in the report for public hearing and second reading on November 13, 1973, seconded by Councilman Kopczynski. The motion carried. REPORT FROM THE DIRECTOR OF THE DEPARTMENT OF PUBLIC WORKS Mr. Rollin Farrand, Director of the Department of Public Works, made his quarterly report to the Council. He reviewed the overall construction program of the Department of Public Works. He talk about the street lighting program, stating that recommendations have been processed through the Board of Public Works weekly. There was a delay in the delivery of the materials of approximately two months, however, he indicated that the lights would definitely be installed when approved by the board. It was hoped that when the program was completed, there would be one light at every intersection and one mid -block light in the average blocks. He added that the program should be completed by early spring in 1974. He spoke on the improvement program of the Bureau of Streets, indicating that the resurfacing program had been accomplished. He stated that by this, a smoother riding surface is achieved, the streets are sealed and the value of the streets is improved. He stated that base slurry was being applied to unbased streets. He was hopeful that within three years, all the streets within the city would have some type of pavement. He talked about the side walk improvement program, the sanitary sewer projects (Darden Road, Ironwood Road and Kensington Farms). He stated that the Barrett Law has been received enthusiastically by the residents where the program was being used. He spoke on the various other programs regarding the one -way south pattern on Main Street. Mr. Farrand indicated that the department was aware of the problem with the one -way pattern and was in the process of checking out the situation. Councilman Kopczynski indicated that, some time ago, funds had been approved for Sample Street east of Olive Street. He wondered how that project was coming along. Mr. Farrand stated that the actual start of the proje was being delayed with the hopes of coordinating the project with the county. He stated that the REGULAR MEETING OCTOBER 9-2, 197 REGULAR MEETING - RECONVENED (CONTINUED) department was prepared to move ahead, hopefully within 30 days. Councilman Kopczynski asked if there was enough money set aside for the various engineering contracts entered into. Mr. Farrand indicated that there was more than enough funding; however, there was a question on priorities. Councilman Kopczynski asked about the most immediate priorities. Mr. Farrand stated that the first priority would be the completion of the projects on Ireland Road from Fellows to Michigan, the completion of another section of Bendix Drive to handle the Industrial Park traffic, and several intersection problems concerning signalization. Councilman Horvath asked about the corner of Chippewa and Michigan. He wondered why the barricades had been allowed to remain in the area if the project was completed. Mr. Farrand indicated that there had been a delay in the signaliza- tion of the project until the one -way pair pattern would be complete and go into effect. Council- man Serge asked about the project on Bendix Drive going into Lathrop Street. Mr. Farrand indicate( that he would investigate the situation and report to Mr. Serge on that matter. Councilman Serge indicated that he wished to commend Mr. Donald Decker, Street Commissioner, and the Street Department for the fine job they had done for the city on the various projects. Councilman Szymkowiak questioned a project to be constructed in his area concerning the South Shore tracks. Mr. Charles Lennon, Director of the Department of Redevelopment, indicated that, hopefully, con- struction could be started in the spring. Council President Nemeth thanked Mr. Farrand for his presentation. ORDINANCES, SECOND READING ORDINANCE NO. 5592 -73 AN ORDINANCE REQUIRING CITY DEPARTMENTS TO SUBMIT BUDGETS TO COMMON COUNCIL. This ordinance had second reading. Councilman Newburn made a motion to amend the ordinance by inserting in the title of the ordinance the word "certain" immediately following the word "requiring ", and also to insert the following in Section 2: "and a statement of the revenues received in the last complete calendar year, if any." Councilman Parent seconded the motion. The motion carried. Councilman Serge then made a motion that the ordinance pass, as amended, seconded by Councilman Parent. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE NO. 5593 -73 AN ORDINANCE AMENDING CHAPTER 13 OF THE (1,�oe� ,o _ae.. ,3 MUNICIPAL CODE OF THE CITY OF SOUTH BEND, e, INDIANA, 1971, BY THE ADDITION OF ARTICLE 6 TO PROHIBIT THE BURNING OF LEAVES WITHIN THE CITY. This ordinance had second reading. Councilman Parent made a motion to amend the ordinance by the addition of the following in Section 13 -76 (a): "except that leaf burning will be allowed from 7:00 a.m. to 7:00 p.m. at the following times during the year: from October 15 to November 15 and from April 15 to May 15 of each year ", and further to amend the ordinance at Section 13 -77 by changing the minimum fine to $10 and the maximum fine to $100 and delete all reference to imprison- ment. Councilman Newburn seconded the motion. The motion carried. Councilman Parent then made a motion that the ordinance pass, as amended, seconded by Councilman Serge. The ordinance passed by a roll call vote of five ayes (Councilmen Serge, Parent, Kopczynski, Newburn and Nemeth) and four nays (Councilmen Szymkowiak, Miller, Taylor and Horvath). Council President Nemeth indicated that it was his opinion that it was better to ban leaf burning 10 months out of the year than not at al: He stated that, for this reason, he had voted for the ordinance. ORDINANCE NO. 5594 -73 AN ORDINANCE TO REPEAL ORDINANCE NO. 5053 -69 REGULATING THE PRESENCE OF MINORS UNDER THE FULL AGE OF EIGHTEEN YEARS ON PUBLIC STREETS AND OTHER PUBLIC PLACES BETWEEN CERTAIN HOURS, AND TO RE- AFFIRM STATE STATUTE 9 -3204 PERTAINING TO CURFEW ENFORCEMENT FOR JUVENILES. This ordinance had second reading. Councilman Taylor made a motion to amend the ordinance by striking Section II and the reference to the state statutes, seconded by Councilman Kopczynski. The motion carried. Councilman Taylor then made a motion that the ordinance pass, as amended, seconded by Councilman Szymkowiak. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). RESOLUTIONS RESOLUTION NO. 391 -73 A RESOLUTION TO APPROVE LAND ACQUISITION FOR CIVIC CENTER PROJECT NOT TO EXCEED $164,000.00. WHEREAS, Ordinance No. 5503 -73 passed April 9, 1973, appropriated $500,000.00 for various Civic Center expenses and established a Budget Line Item of $164,000.00 for Land Acquisition by the Civic Center Authority; and WHEREAS, the Redevelopment Department has been acquiring the land for the Civic Center; and WHEREAS, the City of South Bend has acquired title to approximately 6.72 acres for the Civic Center having purchased 246,700 square feet from the Redevelopment Department on October 27, 1972; and WHEREAS, the Redevelopment Department has approximately 106,529 square feet (2.45 acres) of land for sale for the Civic Center Project at One and One -Half ($1.50) Dollars per square foot the exact number of square feet to be determined by survey. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend: SECTION I. The purchase of remaining parcel of land for the Civic Center Project approximately 106,529 square feet (2.45 acres) of land at a price of One and One -Half ($1.50) Dollars per square foot, the exact number of square feet to be determined by survey, for a total purchase of not to exceed $164,000.00 is hereby approved. REGULAR MEETING - RECONVENED (CONTINUED) SECTION II. This resolution shall be in full force and effect from and after its passage by the Common Council, and its approval by the Mayor. s/ Odell Newburn Member of Common Council A public hearing was held on the resolution at this time. Mr. Charles Lennon, Director of the Department of Redevelopment and Contract Administrator for the Civic Center Authority, explained that the Civic Center Authority had approved the resolution and also requested that the Council approve the resolution for the land acquisition. He indicated that the amount was budgeted by the Common Council under the revenue sharing act. He talked about the preservation of the old school building located on the site, which was supposedly the first school in South Bend, and indicated that notices had gone out concerning the restoration of the building; however, no one had seemed interested. He indicated that the old building did not hold the historical significance people thought it had. Councilman Parent asked about the rush in demolishing the building. Mr. Lennon indicated that once the land is cleared, the project would be benefited just from the architectural standpoint. Councilman Miller made a motion that the resolution be adopted, seconded by Councilman Taylor. T resolution passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). RESOLUTION NO. 392 -73 A RESOLUTION FOR THE TRANSFER OF FUNDS WITHIN THE BOARD OF PUBLIC WORKS BUDGET IN THE AMOUNT OF $240.00 FROM ACCOUNT NO. H -265, "OTHER CONTRACTUAL SERVICES ", TO ACCOUNT NO. H -242, "PUBLICATION OF LEGAL NOTICES ", BOTH ACCOUNTS BEING WITHIN THE SERVICES CONTRACTUAL CLASSIFI- CATION OF THE BUDGET OF THE BOARD OF PUBLIC WORKS OF THE CIVIL CITY OF SOUTH BEND, INDIANA. 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 in Account No. H -242, "Publication of Legal Notices" in the budget of the Board of Public Works; and WHEREAS, a surplus exists in Account H -265, "Other Contractual Services" where it is not presently needed: NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana: SECTION I. That the sum of $240.00 be transferred from Account No. H -265, "Other Contractual Services ", to Account No. H -242, "Publication of Legal Notices ", both accounts being within the major classification, "Services Contractual" of the Board of Public Works Budget within the General Fund of the Civil City of South Bend, Indiana. SECTION II. This resolution shall be in full force and effect from and after its passage by the Common Council_, its approval by the Mayor, and the fulfillment of all statutory requirements. s/ Walter M. Szymkowiak Member of the Common Council IA public hearing was held on the resolution at this time. Council President Nemeth explained the r the transfer. There were no questions or comments. 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). IIRESOLUTION NO. 393 -73 A RESOLUTION TRANSFERRING $200.00 FROM ACCOUNT #222, "GAS ", TO ACCOUNT #221, "ELECTRIC CURRENT ", BOTH ACCOUNTS BEING WITHIN THE MAJOR CLASSIFICATION, "SERVICES CONTRACTUAL ", IN THE FIRE DEPARTMENT BUDGET IN THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. 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 the Fire Department to meet such extraordinary conditions; and WHEREAS, it has been ascertained that Account #222, "Gas ", in the Fire Department budget has more money.than is needed at this time. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana: SECTION I. That the sum of $200.00 be transferred from Account #222, "Gas ", to Account #221, "Electric Current ", both accounts being within the major classification, "Services Contractual ", in the Fire Department budget. SECTION II. This resolution shall be in force and effect from and after its passage by the Common Council and its approval by the Mayor. s/ Walter M. Szymkowiak Member of the Common Council REGULAR MEETING OCTOBER 22. 1973 REGULAR MEETING - RECONVENED (CONTINUED) A public hearing was held on the resolution at this time. Council President Nemeth briefly explaiI the request for the transfer. There were no questions or comments. Councilman Szymkowiak made a motion that the resolution The resolution passed by a roll call vote of nine ayes Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCES, FIRST READING ORDINANCE NO. 5595 -73 be adopted, seconded by Councilman Parent. (Councilmen Serge, Szymkowiak, Miller, Parelf AN ORDINANCE FOR THE TRANSFER OF FUNDS WITHIN THE FIRE DEPARTMENT BUDGET IN THE AMOUNT OF $150.00 TO ACCOUNT NO. Q -262, "LAUNDRY AND CLEANING," AND $2,000.00 TO ACCOUNT NO. 252, "REPAIRS OF EQUIPMENT ", AND $2,150.00 FROM ACCOUNT NO. 110, "SERVICES PERSONAL ", ALL ACCOUNTS BEING WITHIN THE FIRE DEPARTMENT BUDGET OF THE GENERAL FUND OF THE CIVIL CITY OF SOUTH BEND, INDIANA. This ordinance had first reading. Councilman Parent made a motion to suspend the rules and take action on the ordinance, seconded by Councilman Taylor. The motion carried by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). This ordinance had second reading. Council President Nemeth explained the request for the transfers; however, he asked about the repair of equipment needed. Assistant Fire Chief Nagy indicated that the transfer was necessary in order to repair the engine that was damaged in the accident which resulted in the death of a fireman recently. Councilman Kopczynski asked if the Fire Department did its own body work. Assistant Chief Nagy indicated that it was felt that, in this instance, the department could not do the work. Councilman Parent made a motion that the ordinance pass, seconded by Councilman Taylor. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemetr ORDINANCE NO. 5596 -73 AN ORDINANCE FOR THE TRANSFER OF FUNDS WITHIN THE MORRIS CIVIC AUDITORIUM BUDGET IN THE AMOUNT OF $408.00 FROM ACCOUNT NO. K -726, "OTHER EQUIPMENT ", TO ACCOUNT NO. K -12, "SALARIES AND WAGES - TEMPORARY ", $158.00, AND ACCOUNT NO. K -252, "REPAIRS OF EQUIPMENT ", $250.00, $500.00 FROM ACCOUNT NO. K -723, "SOUND EQUIPMENT ", TO ACCOUNT K -252, "REPAIRS OF EQUIPMENT ", ALL ACCOUNTS BEING WITHIN THE MORRIS CIVIC AUDITORIUM BUDGET OF THE CIVIL CITY OF SOUTH BEND, INDIANA. This ordinance had first reading. Councilman Parent made a motion to suspend the rules and take action on the ordinance, seconded by Councilman Taylor. The motion carried by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). This ordinance had second reading. Council President Nemeth explained the request for the transfers. There were no comments or questions. Councilman Serge made a motion that the ordinance pass, seconded by Councilman Miller. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth) . ORDINANCE AN ORDINANCE APPROPRIATING MONEYS FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE SOUTH BEND MUNICIPAL WATER WORKS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1974, AND ENDING DECEMBER 31, 1974, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This ordinance had first reading. Councilman Taylor made a motion that the ordinance be set for public hearing and second reading on November 13, 1973, seconded by Councilman Kopczynski. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING ALL PARKING GARAGE FEES AND FUNDS FOR THE YEAR 1974 TO THE BOARD OF PUBLIC WORKS OF THE CIVIL CITY OF SOUTH BEND, INDIANA, FOR THE USES AND PURPOSES SET FORTH THEREIN, IN ACCORDANCE WITH CHAPTER 190 OF THE ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF INDIANA OF 1955. This ordinance had first reading. Councilman Taylor made a motion that the ordinance be set for public hearing and second reading on November 13, 1973, seconded by Councilman Kopczynski. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING ALL PARKING METER FEES AND FUNDS FOR THE YEAR 1974 TO THE BOARD OF PUBLIC WORKS OF THE CIVIL CITY OF SOUTH BEND, INDIANA, FOR THE USES AND PURPOSES SET FORTH THEREIN, IN ACCORDANCE WITH CHAPTER 208 OF THE ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF INDIANA OF 1965. This ordinance had first reading. Councilman Taylor made a motion that the ordinance be set for public hearing and second reading on November 13, 1973, seconded by Councilman Horvath. The motio carried. REGULAR MEETING OCTOBER 22 1973 IIREGULAR MEETING — RECONVENED (CONTINUED) II nRnTNANCR This ordinance public hearing carried. This ordinance public hearing carried. AN ORDINANCE APPROPRIATING $30,000.00 FROM THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS ADMINISTRATIVE PRO- GRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF REDEVELOPMENT. had first reading. Councilman Taylor made a motion that the ordinance be set for and second reading on November 13, 1973, seconded by Councilman Horvath. The moti AN ORDINANCE APPROPRIATING $87,000.00 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. had first reading. Councilman Horvath made a motion that the ordinance be set for and second reading on November 13, 1973, seconded by Councilman Taylor. The motion IIPRIVILEGE OF THE FLOOR Miss Barbara Schankerman, 1615 Rockne Drive, spoke concerning Key Project 73, a program for evangelism of the various churches and beliefs. She mentioned the Festival of Faith recently held in South Bend and complained about the renting of public facilities, more specifically the Morris Civic Auditorium and Tippecanoe Place, to these religious groups. She felt it was unconstitutiona Council President Nemeth pointed out that Tippecanoe Place was owned by the South Bend Community School Corporation and the city had no jurisdiction or control over the school corporation. He also felt that, since the various religious groups had paid the rent that was required, the matter was not unconstitutional. He added that he thought it would be unconstitutional not to rent the public places to the groups. He stated that, if this was done, there would be discrimination against religion. Councilman Parent also agreed with Council President Nemeth. Councilman Miller suggested that the matter be referred to the City Attorney for his advice. Deputy City Attorney Parker indicated that he felt Council President Nemeth had covered the situation adequately. Miss Schankerman stated that the group had not paid the full price; however, she was unable to indicate the price charged. Council burning letters President Nemeth stated that he had received two letters requesting information on the lea ordinance and curfew ordinance for the 8/2 class at James Monroe School. He presented the to the City Clerk for appropriate action. Mrs. Elsie Britton, 3017 West Ford, wondered why the privilage of the floor was at the end of the Council meeting rather than near the beginning. She stated that sometimes the meetings last quite a long time and people desire to speak but cannot stay for the entire meeting. Council President Nemeth indicated that this had been explained before and stated that it should not prohibit the citizens from contacting the councilmen either by letter or telephone. Councilman Miller also indicated that the public hearings were the major portion of the Council meeting and were held as a special part of the meeting. He felt that Council business should definitely come before other business. He concluded that fewer people were affected in this way. II NEW BUSINESS Councilman Taylor pointed out that the Ridgedale Nursing Home had applied for a zone change in order to construct a new wing on its present building. He quoted from the newspaper regarding the subject. He stated that there have been no negative comments on the matter and that the matter wa; still before the Area Plan Commission with construction already started. He felt the Building Department should be responsible to stop the construction. He cited other instances of similar violations to the code. Councilman Miller pointed out that he had discovered that another area, being a part of the Crest Manor Subdivision, was hooked up to the city sewer system and the residents were not being billed for the service. Councilman Parent indicated that various projects it was involved the department. he wished to compliment the Street Department for work done in in. Councilman Szymkowiak also complimented Mr. Donald Decker Councilman Serge wondered who he should contact regarding putting more fish into Pinhook Lagoon. He was advised to contact Mr. James Seitz, Superintendent of Public Parks. There being no further business to come before the Council, unfinished or new, Councilman Taylor made a motion that the meeting be adjourned, seconded by Councilman Kopczynski. The motion carried, and the meeting adjourned at 11:40 p.m. ATTEST: CITY CLERK No