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HomeMy WebLinkAbout06-10-74 Council Meeting MinutesREGULAR MEETING JUNE 10, 1974 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, June 10, 1974, at 7:04 p.m., Council President Peter J. Nemeth presiding. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL PRESENT: Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth. ABSENT: None. Councilman Kopczynski made a motion to resolve into the Committee of the Whole, seconded by Councilman Taylor. The motion carried. COMMITTEE OF THE WHOLE MEETING Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on Monday, June 10, 1974, at 7:05 p.m., with nine members present. Chairman Odell Newburn presided. ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH, BEND, INDIANA, AND MEADE ELECTRIC COMPANY, MISHAWAKA, INDIANA, FOR THE PURCHASE OF COMMUNICATION EQUIPMENT IN THE AMOUNT OF $15,249.75. 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 o Public Works, made the presentation for the ordinance. He explained that the equipment to be pur- chased was communication equipment which was discussed when the budget was prepared. He indicated that base stations and 17 mobile units would be purchased to modernize the system because it was quite old. 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 WATER OF THE CITY OF SOUTH BEND, INDIANA, AND (1) MIDWEST CHLORINE CORPORATION, CHICAGO, ILLINOIS, AND (2) THE FISHER -CALO CHEMICAL & SOLVENTS COMPANY, CHICAGO, ILLINOIS, FOR THE PURCHASE OF CHEMICALS FOR USE FROM JUNE 1, 1974, TO JUNE 1, 1975, IN THE AMOUNT OF $22,694.00. 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 o Public Works, made the presentation for the ordinance. He explained that the items for purchase were budgeted as a normal supply item and the chemicals were to be used for purification of the water. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, questioned the bid tabulati for Fisher -Calo in the amount of $9,750. He stated that a lower bid had been received from Inland Chemical Corporation. Mr. Farrand stated that the bid from Inland had not been signed and was not REGULAR MEETING JUNE 10, 1974 "_OMMITTEE OF THE WHOLE MEETING (CONTINUED) onsidered to be a legal bid. He indicated that perhaps that amount should not have been shown on he bid tabulation sheet for that reason. Mr. Roman Kowalski, 802 Birchwood, wondered why the uantity of chlorine was not shown on the agenda. Mr. Farrand stated that the ordinance contained hose figures and the figures were a matter of record. He stated that 60 -2,000 pound containers of iquid chlorine were to be purchased in truck -load lots of 10; 10 -2,000 pound containers of liquid hlorine were to be purchased in single lots; and 20 -150 pound cylinders of liquid chlorine were to e delivered as needed; and 125 tons of hydrofluosilisic Acid were to be delivered in tank truck - oads. ouncilman Serge made a motion that the ordinance go to the Council as favorable, seconded by ouncilman Horvath. The motion carried. RDINANCE AN ORDINANCE TRANSFERRING THE SUM OF $1,150.00 FROM ACCOUNT 223.0, "HEAT ", TO ACCOUNT 252.0, "EQUIPMENT REPAIRS ", BOTH ACCOUNTS BEING WITHIN THE MORRIS CIVIC AUDITORIUM BUDGET, CITY OF SOUTH BEND, INDIANA. his being the time heretofore set for public hearing on the above ordinance, proponents and pponents were given an opportunity to be heard. Mr. Floyd Jessup, Manager of the Morris Civic uditorium, made the presentation for the ordinance. He indicated that he desired Council approval f a proposal from Slutsky - Peltz Plumbing and Heating for a maintenance contract on the heating and ir- conditioning system at the auditorium in the amount of $1,150. He stated that this item was no ncluded in the 1973 budget because last year the equipment had been under warranty. He stated tha he item was inadvertently excluded from the budget for 1974. He concluded by stating that the fun s re available as there was a $4,975 balance in the Heat Account. r. Gene Evans, Executive Secretary of the Civic Planning Association, wondered if the engineer mployed by the city at the Morris Civic Auditorium could perform the necessary service. Mr. Jessu tated that he has employed a maintenance technician; however, this was a service that would be per ormed twice a year in the spring and fall and would involve the shutdown of the equipment and hangeover for the air - conditioning in the summer and the heating in the fall. Mr. Evans asked if ther proposals for this service had been obtained. Mr. Jessup stated that Slutsky - Peltz were the ontractors who installed the equipment and were quite competitive. Mr. Evans wondered about the vents held in the Morris Civic Auditorium, and Mr. Jessup stated that there have been 43 perfor- ances the first half of this year. He stated that income from the rentals so far this year was 18,331.50, an increase over last year. Mr. Leo Wallisch, 446 LaPorte Avenue, wondered if the uditorium made any money last year, and Mr. Jessup stated that the total income for the year had een $32,000 with a budget of $58,000. ouncilman Horvath wondered if there would be enough money left in the Heat Account for the remaindi f the year if the requested funds were transferred, and Mr. Jessup stated that he felt sure the alance would be sufficient. Councilman Horvath asked why the contract for maintenance was not bid e stated that this was normal procedure for the city. Mr. Jessup stated that, if this was what the ouncil desired, he would advertise for bids. Councilman Kopczynski asked about the contents of the greement. He wondered if this included any gases, and.Mr. Jessup answered that the contract only ncluded the switching over of the equipment for summer and winter uses. He explained briefly what he maintenance would include. Councilman Kopczynski felt the person in charge of operating the quipment should be able to handle the maintenance of the equipment. He wondered if there was a ontract let annually on the heating and ventilating system at the Municipal Services Facility, and r. Rollin Farrand, Director of the Department of Public Works, indicated there was not; however, e stated that perhaps the Morris Civic Auditorium had a more sophisticated unit. Councilman opczynski recommended that the ordinance not be approved because he felt the person in charge of he equipment should handle the maintenance for same. Councilman Serge stated that he felt, as lon< s the city was not paying the individual to handle the air - conditioning and heating, he should not e responsible for service on the equipment. Mr. Jessup agreed with Councilman Serge. He stated hat the insurance companies say that the whole boiler system should beshut down and checked each pring and fall. He stated that his employee was only a general maintenance man. Councilman zymkowiak stated that many other companies let these types of contracts and still employ an ngineer. He could not see any problem with having Slutsky - Peltz service the equipment. Councilmai arent stated that the Council has no way of knowing whether or not the engineer is qualified. He elt this sort of questioning about employees was unfortunate and not called for. Councilman Tayloj elt the Council should delay the matter and receive another competitive bid as was normal practice e so moved, seconded by Councilman Kopczynski. Councilman Parent wondered if a delay would hurt he operation. Mr. Jessup stated that it would not; however, Slutsky - Peltz had come in at the tart of the cooling season to put the equipment in operation. Councilman Kopczynski wondered bout the charge of the services for the cooling down system, and Mr. Jessup stated that the amount as $552. Councilman Kopczynski wondered why the Council had not been approached to approve the ayment, and Mr. Jessup stated that he did not think he needed Council approval for the item. The otion to delay the matter, and the second to that motion, were withdrawn. ouncil President Nemeth made a motion that the ordinance be referred to the Finance Committee, seconded by Councilman Taylor. Mr. Walter Lantz, Deputy Controller, stated that he wished to clari: the matter. He indicated that both line items were within the same major classification and Slutsk, Peltz could be legally paid out of the Heat Account without Council approval according to the State Board of Accounts. Council President Nemeth suggested that perhaps the committee could also check into that matter. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING THE SUM OF $5,599.93 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Rollin Farrand, Director of the Department of Public Works, explained that the residents on Cambridge Drive had petitioned to have the sewers installed under the Barrett Law project. He stated that the city's portion of the project total cost was $5,599.93 or 50 %. ncilman Szymkowiak made a motion that the ordinance go to the Council as favorable, seconded by ncilman Serge. The motion carried. REGULAR MEETING JUNE 10, 1974 OMMITTEE OF THE WHOLE MEETING (CONTINUED) RDINANCE AN ORDINANCE AMENDING CHAPTER 5, ANIMALS, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND. is being the time heretofore set for public hearing on the above ordinance, proponents and ponents were given an opportunity to be heard. Council President Nemeth made the presentation r the ordinance. He explained that the ordinance was an amendment proposed to Chapter 5 of the nicipal Code. He stated that there was a stray dog problem within the city and something must done about it. He did not feel that there was a question the condition could be tolerated. He elt there should be a good law to enforce. The basic section amended is Section 5 -16 which states hat no person shall allow a dog to run loose. The ordinance provides for licensed and unlicensed ogs in the event they are found running at large. If the dog is licensed, the city was to nofity he owner and was to release the dog to its owner upon the payment of an impoundment fee. If the og was not claimed within 10 days, the Humane Society would have custody or the animal would be estroyed. If the dog is unlicensed, it was to be placed in the custody of the Humane Society or estroyed. He proposed an amendment to adopt the present license tax of $2.00 and the impoundment ee to be set at $10.00, as those items within the ordinance had been left blank. He briefly talked bout arrangements to be made with the Humane Society regarding the keeping of stray animals. ouncilman Kopczynski made a motion to icense tax and the amount of $10.00 fo aragraph (d) to Section 5 -16: "The ow emoving the same in a proper container hall not permit the same to deposit ex otion. The motion carried. amend the ordinance by inserting the amount of $2.00 for the r the impoundment fee, and the addition of the following ner is responsible to remove any excrement from his dog by and disposing of it on his own property. The owner of a do crement in public parks." Councilman Taylor seconded the Mr. Maurice Cohen, 725 East Eckman Street, expressed support of the ordinance. He wondered if $24,000 was paid to the Humane Society each year, and if the city would utilize its own vans to pick up the stray animals. He stated that he had not received cooperation from the Humane Society on a particular instance when he had reported a sick dog running at large. Council President Nemeth stated that the Council would have to decide at the budget hearings if the $24,000 paid to the Humane Society would be continued. He stated that if, rather than construct a dog pound, the city hose to utilize the Humane Society, the city would have to pay some amount of money to the society for use of its pound. Mr. Cohen felt the city should investigate the possibility of building its own dog pound. Mr. Leo Wallisch, 446 LaPorte Avenue, stated that he appreciated Council President emeth's comments. He indicated that he represented the union at the Post Office, and that the esponsibility of the dogs remains with the owner, not society. He admitted that he loved dogs and that he felt the owners should be punished for allowing their pets to run at large. He felt that, since revenue sharing funds come from the taxpayers, they should be used to try and correct a city' problems. He cited instances of postmen being bitten by dogs. He felt this was the responsibility of the dog owners and the dogs should not be punished. Mr. Tom Dowell, Local Post Master, stated that, in another city where he had worked, the dog ordinance was quite similar to the South Bend proposal; however, the impoundment fees were much higher. He stated that mail cannot be delivered to residents of a block if dogs are roaming at large and have bitten the postmen. He felt this was also something to consider as it was a hardship on the residents. Mrs. Joseph Csiszar, Safety Chairman for the Parent- Teacher Association Council, felt that, if the ordinance was passed, the people would expect the administration to have enforcement of the ordinance and a program where the citizens would not be shuffled from the Humane Society to the city and back again. She indicated support of the ordinance if this could be accomplished. Dr. George Davis, a veterinarian at the Ireland Animal Clinic, indicated that he was a spokesman for the veterinarians and stated that this problem did not have an easy solution. He felt the key in all dog control programs that have worke in various cities comes from a centrally located organization. He stated that dog wardens should b sent out to pick up stray dogs. He stated that spay clinics are operating at a loss so this was no the answer. Mr. Roman Kowalski, 802 Birchwood, wondered where the fees and fines would be deposited, Council President Nemeth stated that the money would go into the General Fund. He stated that this money would be appropriated for enforcement of the ordinance. Mr. Kowalski wondered, if the stray dogs were picked up and taken to the dog pound, how much time would be given to the owner before the animal was disposed of, and Council President Nemeth stated that the owner would have 10 days to claim the animal. Ms. Martha Flanagan, President of the Humane Society of St. Joseph County, stated that the stray dog situation was a big problem. She felt this was also the responsibility of the owner. She indicated that the Humane Society would be willing to cooperate with the city in any way possible. She stated that, at present, the Humane Society had two vans en route eight hour a day throughout the county. She stated that the society was doing the best job possible with the equipment and funds available to it. Mr. Ray Hernandez, 702 East South Street, asked about the rat of capture of stray dogs that have not been reported and those dogs that are called about. Ms. Flanagan cited one instance where the female animal catcher employed by the society brought in 18 dogs in one evening. She stated that the society tried to answer all calls and that the amount of pickup varied greatly from day to day depending on the weather, etc. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, wondered about the capacity for handling the dogs at t Humane Society. Ms. Flanagan stated that about 200 animals could be handled comfortably at one tim Paul Eitler, past manager of the Humane Society, stated that stray dogs were a problem; however the Humane Society was not equipped to handle the job effectively and it was doing the best job possible. Mrs. Rogers, secretary of the Humane Society, stated that, in the 1940's and 50's the same problem existed in the community and the Mayor and every city official had been honest enough to tell the society that the dog problem was one of the biggest headaches government was faced with She stated that, at one time, the city had a very merciless dog pound and the Humane Society reliev those merciless conditions. She indicated that the society was doing the best job possible with the funds available. She felt there would be a duplication of services if the city utilized a pro- gram of vans and dog catchers, and she reminded the Council that, if the city assumed such a progra it would then become the "whipping boy" for the dog problem, not the Humane Society. Mr. Kowalski felt the city should work on getting the owners to license the dogs and charge an adequate fee for the license in order to support the program. He felt stray dogs that have no owners should be destroyed. Council President Nemeth felt a close watch would have to be kept on the dollar figure in case it was decided the fee was not high enough. Ms. Flanagan stated that it cost $133,000 to run the Humane Society last year. Mrs. Irene K. Gammon, City Clerk, stated that, as a former employee of the Assessor's Office, the employees went door -to -door in assessing personal property and dog owners were charged $3.00 for unspayed females, $1.00 for spayed females and $1.00 for male She stated that, in one year of going door -to -door, $7,000 was collected from dog owners. She stated that not many tags would be sold if the people had to come down to the County -City Building to license their pets. Mr. Walter Lantz, Deputy Controller, stated that only 350 tags have been sold this year, and it was pointed out there were over 40,000 dogs within the community. REGULAR MEETING JUNE 10, 1974 COMMITTEE OF THE WHOLE MEETING (CONTINUED) Councilman Parent stated that the Public Safety Committee had considered the problem and found it a very difficult one. He indicated that the committee had been expanded to include various individuals with knowledge about dogs. He stated that it was the consensus of the committee that the city could not do the job on $24,000 a year. He commended the Humane Society on their work and: he talked about the license fee of $2.00, stating that he felt it was not adequate. He stated that a control program was needed within the city and that the Public Safety Committee was concerned abo the appropriation ordinance dealing with animal control. He felt that the committee had not spent enough time studying the proposed ordinance amending the code in an effort to make a recommendation concerning that ordinance. Councilman Miller stated that, if this was a county program, the county should pick up the cost, and the city should not have to subsidize the program. Councilman Kopczyn stated that many people were dissatisfied with the responses they had received from the Humane Society. He felt that many of the dog problems that take place occur at night. He stated that he would demand to know what the administration has contracted with the Humane Society and what action the city would receive. He stated that steps must be taken to correct the dissatisfaction of the citizens. He felt drastic steps should be taken to correct the problem. Councilman Szymkowiak asked about how many dogs were taken to the veterinary clinics that had dog tags. Dr. Davis indicated that that was a small percentage. Councilman Szymkowiak felt that, with the cooperation of the veterinarians, more dog tags would be purchased. Dr. Davis stated that the owners of the animals are instructed by the clinics to purchase dog tags after the immunization of the animals. Councilman Szymkowiak suggested that the clinics handle the necessary forms and help in the licensi of the dogs. Councilman Horvath felt the ordinance was good; however, he did not approve of the $10 impoundment fee for a dog that was licensed. He stated that for this reason, he would vote against the ordinance. Councilman Kopczynski talked about the charge for spaying female dogs. He mentioned a $50 cost, and Dr. Davis stated that that amount included a couple days stay at the clin He stated that the cost to the vet was about $31 and a charge of about $35 was to cover the cost of the operation. Councilman Kopczynski wondered if people were inclined to have their dogs spayed at that price, and Dr. Davis felt that the spaying of the female dogs was on the rise. Councilman Kopczynski talked about the city ordinance that prohibits using a firearm in the city and the state statute that provides a citizen can shoot a vicious dog running at large. He asked for a clarifi- cation on which law would prevail. Police Chief Urban stated that the Police Department would assist the citizens; however, it.was not recommended that the citizens shoot the animals themselves He talked about other city laws and federal and state regulations pertaining to guns and shooting within the city. Councilman Kopczynski made a motion that the ordinance go to the Council as favorable, seconded by Councilman Szymkowiak. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $23,920.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC SAFETY PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC SAFETY. 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, Director of the Department of Public Safety, made the presentation for the ordinance. He referred to Section 5 -18 of the Municipal Code which states that a vicious dog may be slain by any police officer. Then he pro- ceeded to explain the request for funds for an animal control program. He stated that the city was faced with a dog problem and he felt that further action could not be postponed. He read a statement from the National League of Cities regarding the problem. He stated that, through the organization of the Model Cities dog control program, some action was taken to correct the problem; however, funds were not now available and the program had been discontinued. He stated that effec- tive dog control was based on a practical ordinance, an educational program and a program to reduce unnecessary breeding. He mentioned the contract entered into with the Humane Society in an effort to control the dog problem. He talked about the killings of the deer at the zoo involving vicious dogs, the number of children and mailmen bitten each year and the harrassment to the citizens cause by loose dogs. He stated that the Model Cities van would be utilized and five persons employed for the dog program. Mr. Gallagher explained that one of the dog wardens would be sent to a training school at the Palmer Research Facility in Douglasville, Georgia, for instruction in the use of the tranquilizer and dart gun. This person then would train the other wardens in the use of the gun. It was anticipated that a base station and antenna hookup would be necessary in the County -City Building to be located in the present Bureau of Substandard Buildings in order to have communica- tion between the office and the vans. Telephone calls and radio communications would be handled through the Environmental Protection Bureau during office hours and would be referred to the Humane Society after office hours. Mr. Gallagher explained that each dog warden would receive a Special Police Commission and would be required to wear a uniform. The amount anticipated for the uniforms was $1,250. Three additional vans would be purchased at an estimated cost of $3,900 each, and the Model Cities van would be returned by the Humane Society. Mr. Gallagher requested various types of equipment for each van at a cost of $1,300 per truck. The equipment included the dart guns, gas packs, syringes, silicon lubricant, poles, cages, ropes, muzzles, gloves, etc. The drugs for the dart guns would cost approximately $450. Mr. Gallagher then explained that the dog wardens would be authorized to sell dog licenses, and it was anticipated that 20,000 dog tags be purchased at a cost of $1,320 to be used for the balance of 1974 and 1975. He stated that he hoped to have the dog wardens on duty in the evenings and on weekends in order to try and correct the problem. He indicated that the department was committed to using a tranquilizer gun, and he felt it was a human method of capturing the animals. He stated that the dog wardens would be selling the licenses whil on patrol. Miss Fanny Grunwald, 227 South Frances Street, wondered why the dog warden would have to be sent t Georgia to learn about the handling of the animals. Mr. Gallagher stated that he was talking abou tranquilizing an animal at a distance with a gun similar to a shotgun. He felt the training was necessary, and he stated that, if at all possible, perhaps arrangements could be made to have the trainers come to South Bend. Mr. Gene Evans, Executive Secretary of the Civic Planning Associatio was concerned about the base station for the radio. Mr. Gallagher stated that the existing radio communication was the Police Department and Street Department. He stated that there was a need an necessity for instantaneous response for action and thus the reason for the base station. Mr. Eva stated that while Model Cities operated a similar program, 400 dogs were captured. He stated that if many more dogs were captured with four trucks rather than just one truck, the Humane Society 1would not be able to handle the problem. Mr. Roman Kowalski, 802 Birchwood, felt the city should .t ki c. REGULAR MEETING .111Nr in_ 1a�a E OF THE WHOLE MEETING (CONTINUED) roclaim a "D -Day" on dogs. Ms. Marlene Katz, Director of the Mayor's Action Center, stated that he felt the city must provide some very firm animal control. Mr. Edward Ullery, 3516 South Wise ircle, wondered about the 10 -day period of holding the dog as incorporated in the ordinance that ad just had public hearing. He wondered if this would provide overcrowding at the Humane Society. ouncil President Nemeth stated that the 10 days applied only to dogs that are licensed or tagged. e stated that this might possibly provide a problem to the Humane Society. Mr. Harold E. Patty, 514 Eisenhower, stated that loose dogs created a problem to the.citizens when it involved distri- ution of mail, milk, etc. He hoped something could be done to solve that problem. Mr. Robert onderman, 1126 Irvington Avenue, talked about a 40 -mile bike trip he had taken in Michigan recentl nd he stated that only one stray dog had been spotted. He wondered about Michigan's control pro - ram. Mr. Evans wondered about the need for a desk, typewriter and chair. Mr. Gallagher stated hat this would be needed for the five persons that would be checking in, and the secretarial help hat would be needed. Mrs. Rogers, the secretary of the Humane Society, wondered about the types o niforms needed for $250 per person. Mr. Gallagher felt this was needed to keep the uniforms in onformance with city uniforms. He stated that that was the basic allotment for one year for each erson. ouncilman Parent stated that the Public Safety Committee had met twice regarding the problem in an ffort to try and solve it. It was decided by the city to move ahead on a program to control dogs uch as was incorporated in the appropriation ordinance. He felt that funds previously given to he Humane Society would be left as is, and the interim program should be implemented and the Publi afety Department would then have the time to study the program. Councilman Serge wondered about he simple problem of barking dogs and the nuisances created by noisy animals. Mr. Gallagher felt hat, if there was such a complaint, the owner should be ordered to correct the situation. He tated that the barking of dogs was a frustrating problem. Council President Nemeth was pleased o see that the Mayor had requested the funds for dog control. He hoped the dog officers could lso check into other violations, such as trash, weed, etc. He stated that the use of the tran- uilizer guns was a serious matter, and he felt the amount of money for the training was needed. H ondered about the feasibility of selling dog tags at the various pet shops. Mr. Gallagher felt th ould be possible. He also hoped that veterinarians could help by selling licenses. Mr. Gallagher tated that, since the employees would hold a Special Police Commission, the same procedure would e followed in employing the men. Councilman Kopczynski asked about the number of base stations in he city, and Mr. Gallagher stated that he thought there were three stations. Mr. John Hunt, Manag f the Radio Communications Department, stated that there were five stations within the Police epartment, two within the Fire Department, two within the Street Department, and one each for the ater Department and School City. Councilman Kopczynski wondered about the base station in the raffic Engineer's Office. Mr. Hunt stated that this was only a control unit. He stated that, in onsidering a base station for the animal control program, the eligibility of the applicant for a CC license would have to be taken into consideration. He made reference to the humane society's icense. Councilman Kopczynski talked about the FCC regulations and the mobile units assigned to ach base. He stated that he was only trying to necessitate another frequency system. He wondered f there was any base station in the city that could utilize a central system and a central telepho umber. He stated that it would be at least three months before the FCC would even approve another requency. Mr. Gallagher stated that the city can negotiate with the FCC. He felt the funds must • approved prior to that. He hoped that various complaints such as dogs, weeds, trash, etc. could • handled through one station. Councilman.Kopczynski talked about the Mayor's Action Center being esponsible for that. Mr. Gallagher stated that he was trying to eliminate one more step for the itizens, especially if there was a dog problem which needed correction as soon as possible. ouncilman Kopczynski felt the Council should be kept abreast of the progress made by the depart - ent. He felt sure the problem would be reduced with an effective dog control program. Mr. Gallag tated that the number of captures in the Model Cities dog program was very satisfactory, and this nformation was on file in the Board of Public Safety Office. :ouncilman Kopczynski made a motion to amend the ordinance by the insertion of the following new ; ection: The Environmental Bureau must submit a written monthly report to the Council on the first of each month after the ordinance is in effect. The report must state the number of complaints received, the amount of dogs picked up and the disposal of the dogs, and any such information that the Council may request. ilman Parent seconded the motion. The motion carried. ouncilman Miller wondered about usage of the old police radios for the program. Mr. Hunt stated hat none of the old police radios can be used because they are put up for auction. The newer adios were being put into other departments. Councilman Miller wondered if three units could be sed for the program from the Police Department, and Mr. Hunt indicated that new units would have o be purchased. He talked about the licensing requirements of the FCC. Councilman Miller wondered f the Mayor's Action Center could be the base for the program. Mr..Gallagher stated that the base tation should be located so that the problem could be checked out immediately. He stated that it ould be possible to install the base station near the Action Center or the Environmental Office. ouncilman Kopczynski felt it was only logical that the Mayor's Action Center telephone number be sed because it has been published and the public is aware of it. He felt this would centralize hose types of complaints. ouncilman Szymkowiak made a motion that the ordinance go to the Council as favorable, as amended, econded by Councilman Kopczynski. The motion carried. ouncilman Miller made a motion to recess, seconded by Councilman Kopczynski. The motion carried, nd the Committee of the Whole recessed at 9:25 p.m. Reconvened at 9:45 p.m. INANCE his being the pponents were he ordinance. pril 8, 1974. icensing and AN ORDINANCE TO REPEAL ORDINANCE NO. 5650 -74 AND OTHER CITY LAWS APPLYING TO BICYCLES. time heretofore set for public hearing on the above ordinance, proponents and given an opportunity to be heard. Council President Nemeth made the presentation for He stated that the ordinance °seeks to repeal the ordinance adopted by the Council on It would also repeal those sections of the old ordinance which applied to the regulation of bicycles. It would not apply to the sections of the code dealing with REGULAR MEETING JUNE 10 1974 ICOMMITTEE OF THE WHOLE MEETING (CONTINUED) (rules and regulations. Councilman Parent stated that the ordinance that the Public Safety Committ had proposed eliminated the ordinance passed on April 8. He could see no reason to pass this ordinance. Council President Nemeth stated that this ordinance was filed on May 1, a couple weeks prior to the filing of another ordinance pertaining to bicycles. At this time, Council President Nemeth made a motion to combine the public hearings on both bicycle ordinances, seconded by Councilman Kopczynski. The motion carried. ((ORDINANCE AN ORDINANCE AMENDING CHAPTER 20, VEHICLES AND TRAFFIC, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA (bicycles). This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Councilman Parent made the presentation for the ordinance. He talked about the history of the bicycle ordinance. He indicated that he desired to re -open the issue because of the many questions raised after the passage of the ordinance on ,April 8th. He stated that the ordinance passed on April 8th contained no great changes from the present code. He indicated that the Public Safety Committee held three public hearings and recommended that the following amendments be made to the ordinance: In Section 20 -31: Strike (c) and (d). In Section 20 -32: Insert "by a law enforcement officer" after the word "request" in the sixth line. In Section 20 -35: Insert "by a law enforcement officer" after the word "request" in the sixth line. In Section 20 -41: Eliminate this section. Section II to read as follows: Anyone who violates the provisions or a ticket. The penalty for such ($5.00),. However, no person shall within five (5) days from the time of the bicycle licensing sites, sa has been licensed. of this ordinance may be issued a warning ticket offense shall not be.more than Five Dollars be charged with violating this ordinance who, of apprehension, obtains and produces at any one tisfactory evidence that the bicycle in question In Section IV: Substitute "Section II" for "Section 20 -41" in the third line. Councilman Parent stated that the Public Safety Committee had decided that South Bend needed a bicycle licensing ordinance because the traffic laws in the community are enforced through a revo- cation of a bicycle licensing ordinance, and because of the many number of bicycle thefts. He stated that easy identification of the licensed bikes would help in returning the stolen and lost bicycles. He indicated that the main differences in the new ordinances were that those persons wh have a valid license would only pay 75� instead of $1.00 to license their bikes; that a bike fund would be established and all fees would be deposited in said fund; that impoundment fees have been eliminated and a police officer can give a warning ticket.or ticket for which there would be a maximum fine of $5.00 if the individual did not purchase a license within five days. Councilman Parent stated that the Public Safety Committee further recommended that the Mayor's Traffic Safety Commission establish a committee to deal with the problem of bicycles and traffic, etc. Mr. Jim Zechiel, 1031 East LaSalle Avenue, a representative of the Valley Wheelers Bicycle Club, stated that the club favored mandatory licensing. He felt it would facilitate the police in return stolen bikes. 'He read an article which appeared in the May, 1974, issue of the Bicycling Magazine regarding stolen bikes and registered and unregistered.bicycles. He talked about the negligence on the part of the owners in keeping their bikes locked. Mr. Roman Kowalski, 802 Birchwood, wondered if the bike owners should carry insurance similar to that being carried by.an automobile owner in case of injuries to another person. Councilman Parent indicated that the ordinance did not cover that; however, if the bicyclist injured a person, that person could recover damages. He stated that he had requested an opinion from the City Attorney regarding the possibility of licensing bike outside the city if the owner wished to do so, and it was indicated that this would be possible. Mr. Kowalski talked about the bikes that were never recovered that had been licensed. Police Chief Urban talked about the procedure used concerning a theft and the transfer of the bike out of the community. Mr. Ray Hernandez, 702 East South Street, a member of the Valley. Wheelers Bicycle Club, hoped the sections pertaining to negligence on the part of the owners in keeping their bikes locked would be retained as stated by Mr. Zechiel. He talked about the need of an effective bicycle licensing ordinance. He stated that this type of legislation could be utilized as a model legisla- tion in the hopes that the same method could be adopted on a county -wide basis. He indicated that the most undesirable section in the previous ordinance was the penalty being.placed on the bicycle owners, and the new proposed ordinance now removes that hardship to the bike owners. Mr. Robert Gonderman, 1126 Irvington Avenue, felt that the Public Safety Committee had set out to do a job and had worked hard in the preparation of the proposed ordinance. He felt that the proposed ordina removed many of the punitive provisions contained in the previous ordinance. He talked about an instance when he had bikes stolen from his garage. He felt that, if South Bend showed this kind of leadership, other communities would follow and it would soon become a hardship for the bicycle thie in trying to resell the stolen bikes. Mr. Patrick Gallagher, Director of the Department of Public Safety, talked about a national computer program operating out of Dayton, Ohio. He felt that this would not be as effective in a city the size of South Bend. He stated that the statistics are that 300 bikes were stolen at Notre Dame and only 1 was recovered. He indicated that the city was experiencing the highest rate so far of 33 %. Bike thefts were down in May 29% over last May. This year, there has been a 12 -14% decrease. He talked about the computerization of the bikes at the computer center. Mr. Henry Vogtmann, 2610 Eisenhower, expressed support of the proposed ordinance. He felt that the ordinance provided reasonable service to the citizens of South Bend and further that it provided the surplus funds to go back to those persons "paying the tab ". He, too, cited an instance when his daughter's bike had been stolen and returned because the name was engraved on the bicycle. He felt that, simply because there was some sort of identification, the bike had been returned, and the proposed ordinance would provide that identification. Council President Nemeth indicated that many citizens objected to the previous ordinance passed by the Council on April 8th. He felt that the previous ordinance was not enforced, and he believed in the voluntary system that a person may or may not license his bike. IlCouncil President Nemeth made a motion to amend the ordinance as follows: In Sec. 20 -31, delete paragraphs (c) and (d). .ng e ITTEE OF THE WHOLE MEETING (CONTINUED) Sec. 20 -32 shall be amended to read: Any person who uses or operates a bicycle upon any of the public alleys, streets, parkways, thoroughfares, public school property, park property and city property in the City of South Bend may obtain a license from the City Controller or his designee. In Sec. 20 -33 (a), delete the words "Director of Public Safety" and insert the words "City Controller ". In Sec. 20 -33 (b), delete the word "April" and insert the word "June ". In Sec. 20 -34 (a), delete reference to the Director of Administration and Finance. Paragraph (a) to read: The City Controller shall provide license decals or other licensing device, together with the appropriate registration forms . . . Delete Sec. 20 -35. Renumber Sec. 20 -36 to Sec. 20 -35. Renumber Sec. 20 -37 to Sec. 20 -36. In Sec. 20 -38 (b), delete the words "Director of the Department of Administration and Finance" and insert the words "City Controller ". Renumber Sec. 20 -38 to Sec. 20 -37. In Sec. 20 -39, delete the words "Public Safety Department" from the third and fourth lines. Renumber Sec. 20 -39 to Sec. 20 -38. Delete Sec. 20 -40. Delete Sec. 20 -41. Delete Section II and.insert the following in its place: Whosoever operates any bicycle in violation of any provision of this Article or in violation of the state traffic laws or provisions of this code or traffic ordinances of the city, as they relate to street traffic and insofar as the laws are applicable, shall be guilty of a mis- demeanor and, upon conviction, shall be fined a sum not to exceed $100. In Section IV, delete the words "except Section 20 -41 which shall be effective July 15, 1974" and insert the words "as required by law ". Councilman Taylor seconded the motion. Councilman Parent indicated that the amendments were major in impact, and he felt that the Council could not deal with the amendments knowledgeably because it had not studied or reviewed the amendments. Councilman Miller talked about the difference between theory and practice. He felt many problems were created because of this. He stated that, rather than be restrictive, the citizens felt the program should be voluntary. He commended Councilman Parent on developing the basis for the ordinance and he felt that.the other councilmen also spent considerable time in discussing the matter. Councilman Taylor agreed with Councilman Miller. Councilman Horvath felt the Council should listen to the people who have had experience with bike thefts. He did not feel the Council should amend the ordinance further after all the work that was done on the ordinance. He felt the amendments made by Council President Nemeth would ruin the pro- posed ordinance without further consideration. Councilman Kopczynski talked about the police "picking on the bicycle riders ". He talked about the ordinance amended by Councilman Parent and th confusion created by the amendments. He felt the ordinance should go back to the Council Committee of the Whole. Councilman Serge talked about the crime rate and stolen bikes. He indicated that the thefts have dropped about 14 %. He felt the Council should go along with the program. Councilor Parent indicated that one of his main efforts was to involve citizens in their government. He stated that many people had come forward and made valuable contributions to the drafting of the ordinance. He stated that he depended on people to make many suggestions and he depended upon the citizens in drafting the proposed ordinance. Mr. Frank Kuminecz, 1534 Nash Street, stated that he was against the proposed ordinance. He felt Council President Nemeth was one of the most intellige individuals on the Council, and he agreed with him. He stated that he wished the Council would try to think of the taxpayers and not threaten "if you don't do something, you will be punished ". He hoped Council President Nemeth's amendments would be considered favorably. Chairman Newburn suggested that the matter be sent back to committee for further consideration. Councilman Horvath made a motion to send the ordinance back to committee, seconded by Councilman Parent. It was indicated that there was already a motion to amend on the floor. There was a brief discussion on the motions on the floor. Council President Nemeth asked for a vote on the motion to amend. Chairman Newburn asked for a show of hands on the motion to send the ordinance back to committee. It was indicated that five of the councilmen were opposed to sending the ordinance back to committe Therefore, Chairman Newburn ruled the motion lost. There was then a discussion on whether or not the public portion of the meeting was closed, and the parlimentary procedure was debated. A couple members of the audience objected to amending the ordinance and not being given an opportunity to discuss the amendments made by Council President Nemeth. The motion to amend the ordinance carried Councilman Taylor then made a motion that the ordinance be recommended favorably to the Council, as amended, seconded by Councilman Szymkowiak. The motion carried. Councilman Miller then made a motion that the ordinance repealing Ordinance No. 5650 -74 be r favorably to the Council, seconded by Councilman Kopczynski. The motion carried. There being no further business to come before the Committee of the Whole, Councilman Miller made a motion to rise and report to the Council, seconded by Councilman Taylor. The motion carried. ATTEST4Q-K, ATTES CITY CLERK CHA RMA REGULAR MEETING JUNE 10, 1974 ((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 11:00 p.m., Council President Nemeth presiding and nine members present. IIREPORT 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 May 28, 1974, regular meeting of the Council and found them correct. They, therefore, recommend that the same be approved. s/ Peter J. Nemeth (Councilman Taylor made a motion that the report be accepted as read and placed on file and the minutes be approved, seconded by Councilman Horvath. The motion carried. IIREPORT FROM THE COMMITTEE OF THE WHOLE Councilman Horvath made a motion to seconded by Councilman Taylor. The Serge, Szymkowiak, Miller, Parent, waive the reading of the report of the Committee of the Whole, motion carried by a roll call vote of nine ayes (Councilmen Taylor, Kopczynski, Horvath, Newburn and Nemeth). 11REPORT FROM THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY Mr. Patrick Gallagher, Director of the Department of Public Safety, made his quarterly report to the Council. He stated that there have been comments made by Council President Nemeth about the productions in the Department of Public Safety. He pointed out the exact scope of the department which contained nine bureaus, a total of 285 personnel alone in the fire bureau, and 382 in the police bureau, with a total budget of $7,000,000. He stated that this represented 70% of the money budgeted in the General Fund. One out of every two city employees fall under the supervision of the Director of the Department of Public Safety. The functions of the director's position are to manage, coordinate and control, budget, staff and research and plan for the future. He mentioned that approximately a little over a year ago, the South Bend Impact Plan was released. He stated that, at that time, he was asked to promise to reduce crime, and he stated that he had kept that promise. He stated that the crime rate had taken a favorable turn. Taking June 1, 1973, as the target year, the goals were to reduce burglaries, auto .thefts and robberies. From June 1, 1973, to May 30, 1974, there has been a 6.8% reduction in the target offenses and the goal was 5 %. If January 1, 1974, was to be the start of the impact year, there would have been a 11.1% reduction in the target offenses. There has been an overall decrease since January 1, 1974, of over 8.1 %. Mr. Gallagher commended the Police Department and Chief Urban for the reduction in the crime rate. He talked about the overtime foot patrol and its effectiveness. During April of 1974 and April of 1973, there has been a 19.4% decrease in Part I offenses in census tract 29.(the southeast side). Mr. Gallagher referred to a chart showing seasonal increases for each month of the year. Comparing March and February, there was a 33% increase in crime. City -wide crime increased another 5% in April. In tract 29, the increase was only 14 %, 19% lower than the city as a whole. Through the efforts of the Police Department, tract 29 showed a 27% decrease in major offenses in April of this year. During the past year and a half, many studies have been conducted. All crimes in the city for a period of 12 months have been studied. He promised that the bike ordinance as amended would not be effective and would not "stem the rising tide of bike thefts ". He then talked about the impact on the bicycle thefts and the fact that the ordinance passed April 8th authorized the licensing of bikes. Since that time, in one month only,.there was a 29% decrease in bike thefts. He talked about the quality of supervision, increased recruitment and minority representation, various revenue sharing requests for the department, the Special Police Commission, automation of report forms and a reduction in the paper work, the forming of the St. Joseph County Coordinating Council, and amount of funds coming into the city through the Criminal Justice Planning Grant. Aft December, there were five straight months of a decrease in the rate of crime. Mr. Gallagher talked about the Fire Department and fire services and the computerization of fire records, the closing of two present stations and the construction of a new station. He talked about the juvenile problems within the community, and the Neighborhood Youth Corps. He briefly talked about the environmental and substandard bureaus. He felt that the goals set out,to reach had been obtained. He felt the Impact Program was working and, with all the public criticism, he stated that, by whatever techniqu there was, the police have done a remarkable job for the city, particularly within the last year. He again commended Chief Urban, the police officers and the bureau heads under the Department of Public Safety. He indicated that any promises he had made had been kept. Councilman Taylor congratulated Mr. Gallagher on the statistics. He felt this was a "brand new beginning", however, he felt there was a long way to go and the lack of a merit system in the Police Department and the lack of a professional pay scale were disadvantages. He stated that he has always supported public safety measures that he felt were good and he felt that the proposed bike ordinance was not enforceable and not practical; however, he felt that Councilman Parent's ordinance had thrust to it. He cited a problem the officials at Jackson High School had been havin on the last day of school for the past few years. He stated that the school had asked for help and assistance on the closing day of school because the students drive recklessly.out of the parking lots. He stated that he had been assured a police car would check into the situation and this had not been done. Mr. Gallagher stated that, last year, a car had been dispatched and nothing could be done on school property. He stated that this was a question of public and private property. Councilman Taylor talked about the public and private property. He could not understand why an officer could not make an arrest on school property if the driver was speeding. It was indicated that the driver of the car must be disobeying a law on the public street before an arrest can be made. Councilman Kopczynski wondered about the sudden improvement.in the crime rate. Mr. Gallaghe stated that he was only Director of Public Safety for 17 months. He stated that he had pointed out many accomplishments. Councilman Kopczynski wondered if there was room for improvement. Mr. Gallagher stated that he felt the crime rate was steadily decreasing and the services to the citize have increased. Councilman Kopczynski talked about the citizens'.requests on demolition of sub- standard buildings and the amount of time taken before there was action. Mr. Gallagher stated that many of the complaints are put on the agenda for action as quickly as possible, and he stated that Councilman Kopczynski's requests are always acted upon promptly. Councilman Kopczynski stated that !r REGULAR MEETING JUNE 10, 1974 GULAR MEETING - RECONVENED (CONTINUED) etimes, the requests do not receive action for two.to three weeks. There was a brief discussion the substandard homes, burn -outs within the city and apprehension of the arsonists. Council sident Nemeth thanked Mr. Gallagher for his presentation. TITION TO AMEND ZONING ORDINANCE I (We), the undersigned, do hereby respectfully make application and petition the Common Council of the City of South Bend, Indiana, to amend the Zoning Ordinance of the City of South Bend as hereinafter requested, and in support of this application, the following facts are shown: 1. The property sought to be rezoned is located at: adjacent to the southwest corner of the intersection of South Michigan Street and East Chippewa Avenue in South Bend, Indiana. 2. The property is owned by: First Bank and Trust Company of South Bend, Trustee of the trusts created by the Last Will and Testament of Estelle C. Cover, decreased. 3. A legal description of the property is as follows: A tract of land in the Northwest Quarter (1/4) of Section 25, Township 37 North, Range 2 East in the City of South Bend, St. Joseph County, Indiana, more particularly described as follows: All of the following described real estate except that portion, if any, already zoned C- Commercial under the South Bend Zoning Ordinance described as follows: Beginning at the intersection of the South line of Chippewa Avenue and the Easterly line of South Main Street in South Bend, Indiana; thence Southerly on the Easterly line of South Main Street a distance of 720.80 feet, more or less, to the North line of Lot No. 108 in Chippewa Heights Third Addition; thence Easterly along the North line of said Lot No. 108 and also the North line of Lot No. 69 in said Chippewa Heights Third Addition to the Westerly line of South Michigan Street; thence Northerly along the Westerly line of South Michigan Street and any curva- ture of such line to the intersection with the Southerly line of South Chippewa Avenue; thence Westerly along the South line of Chippewa Avenue to the place of beginning. 4. It is desired and requested that the foregoing property be rezoned: From B- Residential Use and "A" Height and Area District, to C- Commercial Use and "A" Height and Area District. 5. It is proposed that following building(s) will be drug store and greenery store building; and a separate reta cularly described on the site Bend, Indiana, at the time of the property will be put to the following use and the constructed: A retail grocery store with an adjacent selling artificial flowers and gifts to constitute one it carpet store and professional building, as more parti- plan filed with the office of the City Clerk of South the filing of this petition. 6. Number of off - street parking spaces to be provided: Approximately 320 parking spaces will be provided. 7. Attached is (a) an original ordinance and 25 copies; (b) an original petition and 20 copies; (c) a $10 filing fee; (d) an existing plot plan showing my property and other surrounding properties; (e.) names and addresses of all the individuals, firms or corpora- tions owning property within 300 feet of the property sought to be rezoned; and (f) 5 copies of a site development plan. Petition Prepared by: First Bank and Trust Company of South Bend, Trustee of the Trusts Created by the Last Will and Testament of Estelle C. Cover, Deceased By s/ S E. Kompar Vice President and Trust Officer 2nd Floor, First Bank Building South Bend, Indiana 46601 Warren E. McGill, Attorney at Law Thornburg, McGill, Deahl, Harman, Carey & Murray 645 First Bank Building South Bend, Indiana 46601 Council President Nemeth indicated that action would be taken on the petition when the ordinance pertaining to it had first reading. ORDINANCES, SECOND READING ORDINANCE NO. 5680 -74 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, AND MEADE ELECTRIC COMPANY, MISHAWAKA, INDIANA, FOR THE PURCHASE OF COMMUNICATION EQUIPMENT IN THE AMOUNT OF $15,249.75. This ordinance had second reading. Councilman Miller made a motion that the ordinance pass, seconded by Councilman Serge. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). REGULAR MEETING JUNE 10, 1974 IIREGULAR MEETING - RECONVENED (CONTINUED) 11ORDINANCE NO. 5681 -74 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE BUREAU OF WATER OF THE CITY OF SOUTH BEND, INDIANA, AND (1) MIDWEST CHLORINE CORPORATION, CHICAGO, ILLINOIS, AND (2) THE.FISHER -CALO CHEMICAL & SOLVENTS COMPANY, CHICAGO, ILLINOIS, FOR THE PURCHASE OF CHEMICALS FOR USE FROM JUNE 1, 1974, TO JUNE 1, 197.5., IN THE AMOUNT OF $22,694.00. This ordinance had second reading. Councilman Taylor made a motion seconded by Councilman Miller. The ordinance passed by a roll call Serge, Miller, Parent, Taylor, Horvath, Newburn and Nemeth) and two Kopczynski). IIORDINANCE AN ORDINANCE TRANSFERRING THE SUM OF $1,150.00 FROM ACCOUNT 223.0, "HEAT ", TO ACCOUNT 252.0, "EQUIPMENT.REPAIRS ", BOTH ACCOUNTS BEING WITHIN. THE MORRIS CIVIC AUDITORIUM BUDGET, CITY OF SOUTH BEND, INDIANA. that the ordinance pass, vote of seven ayes (Councilmen nays (Councilmen Szymkowiak an I Ito This ordinance had second reading. Councilman Taylor made a.motion that the ordinance be referred the Finance Committee, seconded by Councilman Miller. The motion carried. IIORDINANCE NO. 5682 -74 AN ORDINANCE. APPROPRIATING THE-SUM OF $5,599.93 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND (CAMBRIDGE DRIVE). This ordinance had second reading. Councilman Miller made a motion that the seconded by Councilman Taylor. The ordinance passed by.a roll call vote of Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and ORDINANCE NO. 5683 -74 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF BEND. CHAPTER.5, ANIMALS OF THE CITY OF SOUTH ordinance nine ayes Nemeth) . pass, (Councilmen This ordinance had second reading. Councilman Kopczynski made a motion to amend the ordinance as amended in the Committee of the Whole, seconded by Councilman Taylor. The motion carried. Councilman Taylor 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 Szymkowiak, Miller, Taylor, Kopczynski, Newburn and Nemeth) and three nays (Councilmen Serge, Parent and Horvath). 11ORDINANCE NO. 5684 -74 AN ORDINANCE APPROPRIATING $23,920.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC SAFETY PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC SAFETY. This ordinance had second reading. Councilman Kopczynski made a motion to amend the ordinance as amended in the Committee of the Whole, seconded by Councilman Miller. The motion carried. Councilman Miller then made a motion to further amend the.ordinance by deleting the amount of $425 from Account 722.0, Office Equipment, seconded by Councilman.Kopczynski. The motion carried. Councilman Kopczynski then made a motion that the ordinance pass, as amended, seconded by Councilm Taylor. The ordinance passed by a roll call vote of nine -ayes (Councilmen Serge, Szymkowiak, Mill Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). (ORDINANCE NO. 5685 -74 AN ORDINANCE TO REPEAL ORDINANCE NO. 5650 -74 AND OTHER CITY LAWS APPLYING TO BICYCLES. This ordinance had second reading. Councilman Taylor made seconded by Councilman Szymkowiak. The ordinance passed by men Serge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, (Councilman Parent). IIORDINANCE NO. 5686 -74 motion that the ordinance pass, a roll call vote of eight ayes (Counci Newburn and Nemeth) and one nay AN ORDINANCE AMENDING CHAPTER 20, VEHICLES AND TRAFFIC, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA (bicycles). This ordinance had second reading. Councilman Taylor made a motion to amend the ordinance as amended in the Committee of the Whole, seconded by Councilman Kopczynski. The motion carried. Councilman Taylor 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 Szymkowiak, Miller, Taylor, Kopczynski, Newburn.and Nemeth) and three nays (Councilmen Serge, Parent and Horvath). IIRESOLUTIONS IIRESOLUTION NO. 426 -74 A RESOLUTION FINDING AND ADJUDGING THAT THE FINANCING OF FACILITIES FOR REAL AMERICA DEVELOPMENT, INC. BY THE ISSUANCE BY THE CITY OF SOUTH BEND, INDIANA, OF ITS INDUSTRIAL DEVELOPMENT REVENUE BONDS PER- TAINING TO SUCH FACILITIES FOR SUCH ENTITY WILL BE OF BENEFIT TO THE HEALTH OR WELFARE OF THIS MUNICIPALITY, AND APPROVING THE FINANCING THEREFOR. WHEREAS, the Common Council of the City of South Bend, Indiana, heretofore has created the South Bend Development Commission, hereinafter referred to as "Commission ", REGULAR MEETING JUNE 10; 1974 GULAR MEETING - RECONVENED (CONTINUED) SOLUTION NO. 426 -74 (CONTINUED) pursuant to the provisions of the Public Law No. 182 of the Acts of the General Assembly of Indiana for 1973, as such may be amended from time to time, including but not limited to IC 18- 6 -4.5 -2 through IC 18- 6- 4.5 -28, hereinafter referred to as the "Act and WHEREAS, Real America Development, Inc. has filed an application with the Commission to finance the acquisition of real estate and the construction thereof of an industrial and commercial building (facilities) which will constitute economic development facilities resulting in a substantial number of new jobs as well as other benefits; and WHEREAS, in connection therewith the Commission has prepared and placed on file a report containing the subject matter as specified in Section 16 of IC -1973, 18 -6 -4.5 and has forwarded copies thereof to the Chairman of the Area Plan Commission and to the Superintendent of the School Corporation.in the area of which the facilities will be located, and has timely received favorable reports from each of them; and WHEREAS, the Commission held a public hearing on the proposed financing of such facilities on May 17, 1974, after giving the required notice as provided for in Section 17 of IC -1973, 18- 6 -4.5; and WHEREAS, the Commission at such meeting by a duly adopted written recolution, incorporated herein by reference, found that the proposed financing complies with the purposes and provisions of the Act, and approved such financing, including, but not limited to, the forms and terms of the financing agreement consisting of the Lease and Trust Indenture and the Bonds; and WHEREAS, this Common Council of the City of South Bend, Indiana, now finds that the proposed financing of such facilities for Real America Development, Inc. will be of benefit to the health or welfare of the City of South Bend, Indiana, and that, accordingly, this resolution should be adopted. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, that: Section 1. Such financing for Real America Development, Inc. under the act be and the same is hereby approved. Section 2. This resolution shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. s/ Peter J. Nemeth Councilman A public hearing was held on the resolution at this time. Mr. Kenneth Fedder, Attorney for the South Bend Development Commission, stated that the commission had met on May 17 and approved a resolution for the bonds. He introduced Mr. Warren McGill, the attorney for Real America Development. Mr. McGill stated that the facility consisted of a small shopping center with approximately 125 employees and a payroll in excess of $1,000,000. He stated that 30 stores were anticipated. Council President Nemeth asked about a waiver of annexation. He stated that this had been discussed at the commission hearing and it had been indicated that a waiver would be furnished. Mr. Fedder stated that the property was included in the.annexed area, and it was thought the waiver would not be needed in view of that fact. Mr. McGill stated that his client had not signed the petition to remonstrate the annexation. He felt sure there would be no question on the filing of the waiver of annexation. Councilman Taylor made a motion that the resolution be adopted, seconded by Councilman Kopczynski. The resolution passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). RESOLUTION NO. 427 -74 A RESOLUTION REQUESTING DISABILITY.BENEFITS FOR JOHN A. BYTNER,.FORMER STREET DEPARTMENT EMPLOYEE FOR THE CITY OF SOUTH BEND. WHEREAS, John A. Bytner has been a loyal and faithful employee of the Street Department of the City of South Bend, Indiana, and WHEREAS, said John Bytner has become disabled and was therefore unable to perform the services required in his employment within the City of South Bend, and WHEREAS, because of a change in the administrative procedure of the Public Employees Retirement Fund, John A. Bytner has been.excluded from receiving benefits of which he is deserving in fairness and equity. NOW, THEREFORE, BE IT RESOLVED that it is the wish of the Common Council of the City of South Bend, Indiana, that John A. Bytner be accorded special individual consideration by the Board of Trustees of the Public Employees Retirement Fund and be given the dis- ability benefits he has justly earned. S1 Roger O. Parent Member of the Common Council A public hearing was held on the resolution at this time. Mr. Robert Parker, Deputy City Attorney, explained that Mr. Bytner worked for the Street Department for nine years and was forced to retire because of arthritis. Mr. Bytner could have quit before he actually did and then would have received disability benefits, but he wanted to delay his retirement and continue working as long as possible. Mr. Parker briefly explained the procedural policy change in the Public Employees Retirement Fund which required only five years of service but also required the Social Security doctors to certify the individual as being disabled. The Social Security doctors refused to recommend Mr. Bytner for social security disability benefits because he would get greater benefits REGULAR MEETING JUNE 10 1974 IIREGULAR MEETING - RECONVENED (CONTINUED) through straight retirement as he had not applied for social security until he was 66 years old. Mr. Parker requested that the Council adopt the resolution as the administration felt that Mr. Bytner deserved the disability benefits and should not be denied them because of.a change in PERF procedure. Mr. Frank Kuminecz, 1534 Nash Street, spoke in favor of the adoption of the resolution. He spoke highly of Mr. Bytner. Councilman Kopczynski made The resolution passed by a Parent, Taylor, Kopczynski, IRRESOLUTION NO. 428 -74 a motion that the resolution be adopted, seconded by Councilman Parent. roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Horvath, Newburn and Nemeth). A RESOLUTION TRANSFERRING $2,150.00 FROM ACCOUNT NUMBER 260.0, "OTHER CONTRACTUAL SERVICES ", $2,000.00 OF THIS GOING TO- ACCOUNT NUMBER 262.0, "MEDICAL, SURGICAL AND DENTAL ", AND $150.00 TO ACCOUNT NUMBER 211.0, "FREIGHT ", ALL ACCOUNTS BEING WITHIN THE SAME MAJOR CLASSIFICATION OF THE POLICE. 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 originally appropriated in the annual budget for the various functions of city government to meet such extraordinary conditions; and WHEREAS, additional funds are needed for Accounts 211.0, "Freight ", and 262.0, "Medical, Surgical and Dental ", to enable the Police Department to properly perform its functions; and WHEREAS, a surplus exists in another account where it is not presently needed. This surplus is shown more specifically as follows, to -wit: $2,150.00 in Account 260.0, "Other Contractual Services" NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend: SECTION I. That the Account 260.0, "Other Contractual Services ", be reduced by $2,150.00, and of this $150.00 be appropriated and transferred to Account 211.0, "Freight ", and $2,000.00 be appropriated and transferred to 262.0, "Medical, Surgical and Dental ". 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.the.Common Council Mr. Robert Urban, Police Chief, explained the request for the.transfer of funds. He stated that the transfer of $150 to the Freight Account was necessitated because of increased shipment and receipt of evidence, found property and other similar items. The transfer to the Medical, Surgica and Dental Account was necessary because of an increase in injuries to the officers on duty and th rising medical costs. Councilman Szymkowiak made The resolution passed by a Parent, Taylor, Kopczynski, IIORDINANCES, FIRST READING IIORDINANCE NO. 5687 -74 a motion that the resolution be adopted, seconded by Councilman Parent. roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Horvath, Newburn and Nemeth). AN ORDINANCE APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE AND INDUSTRIAL DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO REAL AMERICA DEVELOPMENT, INC. This ordinance had first reading. Councilman Taylor made a motion to suspend the rules and take action on the ordinance, seconded by Councilman Kopczynski. The motion carried by a roll call vo of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). This ordinance then had second reading. Councilman Newburn made a motion that the ordinance pass, seconded by Councilman Horvath. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Neme IIORDINANCE NO. 5688 -74 A PROPOSAL FOR AN ORDINANCE AUTHORIZING THE CITY OF SOUTH BEND TO ISSUE ITS "ECONOMIC DEVELOPMENT BONDS, SERIES 1974 (AMERICAN CHAIN & CABLE COMPANY, INC.. PROJECT)" IN THE PRINCIPAL AMOUNT OF THREE MILLION EIGHT HUNDRED THOUSAND DOLLARS ($3,800,000) AND APPROVING AND AUTHORIZING OTHER ACTIONS IN RESPECT THERE'T'O. This ordinance had first reading. Councilman Newburn 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 then had second reading. Councilman Newburn made a motion that the ordinance pass, seconded by Councilman Serge. Mr. Kenneth Fedder, Attorney for the South Bend Development Commission, stated that the commission had previously approved the tentative documents, and he filed with the City Clerk the approved final documents. A question was raised on the title heading, and it was thought the ordinance should be amended. Councilman Newburn, therefore, with- drew his motion to pass and Councilman Serge withdrew his second to that motion. Councilman Newbui then made a motion that the ordinance be amended by deleting the words "A Proposal For" in the tit: 621V JUNE 10. 197 REGULAR MEETING - RECONVENED (CONTINUED) heading, and the insertion of the figure "7.6250" in the blank line on page 2 and the figure "98%" in the blank line on page 3, seconded by Councilman Miller. The motion carried. Mr. Peter Krehbiel, Secretary, and the General Counsel of American Chain & Cable were introduced, and expressed their thanks to the Council and the South Bend Development Commission for help in establishing the firm in South Bend. Councilman Newburn made a motion that the ordinance pass, as amended, seconded by Councilman Kopczynski. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE AN ORDINANCE REGULATING VEHICLE PARKING. This ordinance had first reading. Councilman Parent made a motion to refer the ordinance to the Public Works Committee and set the ordinance for public hearing and second reading on June 24, 1974, seconded by Councilman Szymkowiak. The motion carried. ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF SOUTH BEND AND LANDMARK OF INDIANA, INC. FOR THE PURCHASE OF REAL ESTATE IN THE AMOUNT OF $163,000.00 AND COMMITMENT FOR THE APPROVAL OF APPROPRIA- TION OF FUNDS THEREFOR. This ordinance had first reading. Councilman Parent made a motion that the ordinance be set for public hearing and second reading on June 24, 1974, seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $6,000.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PARK DEPARTMENT PROGRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC PARKS. This ordinance had first reading. Councilman Taylor made a motion that the ordinance be set for public hearing and second reading on June 24, 1974, seconded by Councilman Horvath. The motion carried. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 21 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA (southwest corner of South Michigan and Chippewa). This ordinance had first reading. Council President Nemeth asked if the city had obtained title to the land, and Mr. Robert Parker, Deputy City Attorney, stated that the deed has been promised. Council President Nemeth asked if the ordinance contained the land upon which the connector would set, and Mr. Warren McGill, attorney for the First Bank and Trust Company, indicated that it did not. Councilman Miller made a motion that the ordinance, along with the petition, be referred to the Area Plan Commission and the Council Committee on Governmental Procedure, seconded by Council. Parent. The motion carried. UNFINISHED BUSINESS Councilman Kopczynski made a motion to strike the ordinance filed on November 29, 1972, pertaining to the Area Board of Zoning Appeals, seconded by Councilman Parent. The motion carried. There being no further business to come before the Council, unfinished or new, Councilman Newburn made a motion to adjourn, seconded by Councilman Kopczynski. The motion carried, and the meeting adjourned at 12:10 a.m. TEST: . ,yam .. 1 - - +++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + +.... ��'-�' .... + +'�"- •+-- �- 1-�-- ` -' -' -- --