|
204
<br />create off street parking for property being used to teach and train apprentices and
<br />journeymen in the construction industry. Council Member Beck made a motion to
<br />recommend this bill to the Council favorably, seconded by Council Member
<br />Zakrzewski. The motion carried.
<br />BILL NO. 125 -87 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST
<br />NORTH -SOUTH ALLEY WEST OF KESSLER BOULEVARD, RUNNING SOUTH FROM
<br />MCCARTNEY STREET FOR A DISTANCE OF APPROXIMATELY 128 FEET TO THE
<br />FIRST INTERSECTING ALLEY, LYING BETWEEN LOTS 64 AND 65 OF THE
<br />NORTHWEST 2ND ADDITION TO THE CITY OF SOUTH BEND, INDIANA.
<br />This being the time heretofore set for public hearing on the above bill, proponents
<br />and opponents were given an opportunity to be heard. Ken Fedder, attorney, made the
<br />presentation for the bill. He indicated they were requesting this alley vacation
<br />since the City no longer uses the alley for trash purposes and the alley has fallen
<br />into disuse. Council Member Serge made a motion to recommend this bill to the
<br />Council favorably, seconded by Council Member Taylor. The motion carried.
<br />BILL NO. 67 -87 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
<br />AMENDING VARIOUS SECTIONS OF THE MUNICIPAL CODE FOR THE PURPOSES
<br />OF PREVENTING FIRES AND FIRE LOSSES AND TO MINIMIZE AIR POLLUTION
<br />CAUSED BY OPEN BURNING.
<br />This being the time heretofore set for public hearing on the above bill, proponents
<br />and opponents were given an opportunity to be heard. Council Member Beck made the
<br />presentation for the bill. She indicated several sections of the Municipal Code
<br />address burning regulations, and this proposed ordinance would specifically amend
<br />four of those sections. She indicated that currently burning is allowed from 7:00
<br />a.m. to 7:00 p.m. from October 15 to November 15 and from April 15 to May 15, and
<br />that would be eliminated. She indicated currently code prohibits burning on any
<br />asphalt street, alley, and this will be amended to prohibit any burning on any
<br />street, alley or sidewalk regarding of the composition. She indicated obsolete
<br />language referencing the Board of Public Works and Safety will be amended to the
<br />South Bend Fire Prevention Bureau. Kathleen Cekanski - Farrand, Council attorney,
<br />indicated this proposed bill would allow for a permit procedure, but prohibits the
<br />spring and fall burning. She indicated this bill should be amended in Sec. 9 -7 (a)
<br />by adding "or" between fire _ grass and delete "or any other type of fire ".
<br />Council Member Taylor made a motion to accept this amendment, seconded by Council
<br />Member Barcome. The motion carried. Dick Miller, 226 E. Navarre, indicated he
<br />loved trees but hated smoke. Craig Barber, 1233 White Oak, spoke regarding air
<br />pollution. Daniel Winicur, 1802 Dorwood, an asthma sufferer indicated leaf burning
<br />was making him sick. Pat Wise, 1237 Blaine, a representative of the Lung
<br />Association, indicated children as well as adults have asthma, emphysema and
<br />bronchitis, and they suffer when there is leaf burning. Sara Steele, 1308 White
<br />Oak, indicated she was in favor of banning burning but not in favor of bagging
<br />leaves. Mary Crapo, 1106 Oakridge, indicated she was in favor of banning burning of
<br />leaves. She asked to come up with a solution to leaf burning. Fred Elbel, 2234
<br />Englewood, indicated this plan could start a wave of tree destruction. Fred Mutzl,
<br />320 Parkovash, spoke in favor of this bill. Irene Magyar, 2517 S. Ironwood,
<br />indicated the spring burning could be eliminated, but continue the fall burning.
<br />Rebecca Shriner, 415 Parry, spoke in favor of this bill. Richard Gard, 2521
<br />Erskine, spoke in favor of this bill. Lisa Lawson, and Beverly Lawson 533 E.
<br />Riverside spoke in favor of this bill. Irene Siberell, 228 Timber Lane, read a
<br />letter from Irene Gammon, City Clerk, 3316 Oak Crest, expressing opposition to
<br />banning leaf burning. She indicated that the 1988 Civil City budget was cut by 2.3
<br />million dollars, and the City does not have the funds to purchase needed equipment
<br />that will be required if the Council passes this bill in its present form. Roger
<br />Bock, 3505 Winding Wood, indicated the City could not provide for leaf pick up.
<br />Steven Stagger, 208 Sylvan Glen, indicated oak leaves cannot be mulched. Laura
<br />Hardtke, 1114 Oak Ridge, indicated the City has to have an alternate plan before
<br />leaf burning is banned. Fern Pachika, 303 Sylvan Glen, indicated the leaf ordinance
<br />should remain the way it is until there is an alternative plan. Maryam Barrett,
<br />1809 Corby, indicated in her area it would cost $200 for leaf bags. She indicated
<br />that one month is not enough for burning because some years the leaves do not come
<br />down until December. Robert Parker, 232 Sylvan Glen, indicated he counted the bags
<br />of leaves he ranked on his property and there were 279. He indicated burning could
<br />be banned in the spring. Harry Vogt, 3616 Oak Crest, indicated oak leaves do not
<br />mulch as they do not decay. Jack Brehmer, 2902 S. Twyckenham, indicated there is a
<br />problem with vandalism when you bag leaves. He indicated this bill should not be
<br />passed until a solution has been found. Jim Clark, 1017 White Oak; Ben Barrett,
<br />1809 Corby; Rosemary Kauffman, 1703 E. Corby; Jim Brenay, 216 Wildemere; Lois
<br />Borden, 1222 White Oak; George Rembusch, 1520 Elmer; spoke against this bill.
<br />Kathleen Cekanski - Farrand, Council attorney, indicated she recommended the following
<br />amendments to the bill: Section I, new sub - section (3) to read as follows: (c) This
<br />Section shall be read in conjunction with Section 16 -16(c) and Section 20 -67(e) of
<br />this Code. Reletter present (c) to (d) to read as follows: (d) Any person violating
<br />any provision of this section shall upon conviction, be deemed guilty of an
<br />r
<br />
|