03-22-76 Council Meeting Minutes

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REGULAR MEETING REGULAR MEETING RECONVENED (CONTINUED) MARCH 22, 1976 Council Member Taylor indicated that the problem was that one smoker was not touched, so how can you interpret the law, there seems to be a double standard. Council Member Dombrowski asked Mr. Carrington if Chief Borkowski was out of town. Mr. Carringtc indicated he was not there because he did not know this would be on the agenda. Council Member Dombrowski said he thought when an issue like this comes up, the chief should be there to answer. Council Member Horvath indicated the Little League smoker would probably be patronized by the parents and they would be donating to the cause. He said even the FOP Lodge has gambling, and if they are picking on certain organizations it was wrong. Mr. Brunner, City Attorney, said the police was as clear as they could make it. He said in regard to the specific question as to whether this type of activity will be sanctioned by the City, the City will endeavor to enfor the law wherever possible. Council Member Taylor asked if church bingo was legal. Mr. Brunner indicated it was illegal, ever, there was a distinct difference between bingo and professional gambling. Council President Parent indicated that if bingo was not considered legitimate, it must be con- sidered illegal, and the administration was implying they would not enforce the law against bin Mr. Brunner indicated the only distinction he was trying to draw was that of analysis. He said if they had to devote their research to a certain area, it will be professional gambling. Council Member Szymkowiak indicated that bingo was the only entertainment for a lot of our seni citizens. Mr. Brunner said bingo is still technically a crime but we are trying to apply our r sources to a more pressing problem, professional gambling. Council President Parent asked the Clerk's office to write a letter to the mayor with a copy to the city attorney and chief of police, asking for a statement of policy in regard to the enforc ment of gambling laws. Mr. Gene Evans, Executive Secretary of the Civic Planning Association questioned parliamentary procedure in regard to the motion to amend and adopt the resolution pertaining to the parking fees, since this was one in the same motion. He urged some Council Member who voted nay to make a motion to reconsider the adoption of the resolution. Council Member Dombrowski made a motion to recess to consider this request, seconded by Council Member Szymkowiak. The meeting was recessed at 9:12 p.m. REGULAR MEETING - RECONVENED Be it remembered that the regular meeting of the Common Council of the City of South Bend recon- vened in the Council Chambers at 9:31 p.m., Council President Parent presiding, and nine members present. Council President Parent_ asked the council attorney to give an opinion. Ms. Kathleen Cekanski, Council Attorney, said she and the city attorney had consulted Robert's Rules and the motion to amend and adopt was proper. However, if you would like to take action, it would be possible for the prevailing side on the resolution to do so. Council President Parent indicated they would finish the privilege of the floor first. Mrs. Jane Swan, 2022 Swygart, said there was an article in the newspaper concerning the Supreme Court's rules the city does not violate constitutional rights when it requires an employee to live in the city limits. Council President Parent said he read the same thing and rejoiced. He said he was going to ask the council attorney to prepare a resolution to state the Council's intention on this. The entire Council appeared to agree this was a very good ruling. Council Member Taylor said the Council should go on record as being in support of this. Mrs. Irene Mutzl, 320 Parkovash, said she felt the new administration should be given a chance. She said she hoped when they took up the parking resolution again it would be passed. She said if the administration wants to change and test the parking fees, she felt the Council should go along with them. She said the Council wanted to study the parking question, and there has been plenty of time over the years to study, and they should pass the resolution and keep right on studying.. Council Member Adams made a motion to again take up resolution 9C, seconded by Council Member Taylor. Council President Parent asked why she was asking the Council to reconsider. Council Member Adams said it seems the Council is not ready to decide on this issue and "I would like to leave it alive and well." She said she would like after this has been passed, for this to go to the Commission, and perhaps they will have a decision for us by our April 5 meeting. The motion passed with a roll call vote of nine ayes (Council Members Serge, Szymkowiak, Miller, Taylor, Kopczynski, Adams, Dombrowski, Horvath and Parent). Council Member Taylor made a motion to send this resolution to the South Bend Parking Facility Study Commission, seconded by Council Member Adams. Council President Parent said they were reconsidering the motion and the motion at that time was to amend by changing the date of May 1 and to adopt. There were many questions as to parliament procedure on reconsidering the resoltuion. Council Member Adams said when she initiated this she asked they reconsider the resolution, not reconsider the motion. She said if they reconsider the resolution, if that is in order, then Council Member Taylor's motion is in order. Council Member Taylor made a motion for a short recess, seconded by Council Member Miller, the motion carried, the meeting recessed at 8:50 p.m.