11-14-88 Council Meeting Minutes

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/O I- support of this rezoning. Warren McGill, attorney for the owners of this property, read a letter from the Ritschards, indicating that if this zoning was approved they would plant trees to provide screening. Joseph Guentert, 3510 Corby, indicated extensive greenery should not be planted near the airport, because of deer. Council Member Luecke made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Coleman. The motion carried. BILL NO. 91 -88 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST -WEST ALLEY SOUTH OF THE INTERSECTION OF STULL AND LAFAYETTE STREETS ON THE WEST SIDE OF LAFAYETTE STREET RUNNING WEST FROM LAFAYETTE STREET A DISTANCE OF APPROXIMATELY 165 FEET TO THE EAST SIDE OF THE NORTH AND SOUTH ALLEY AND SAME ALLEY BEING BETWEEN LOTS 21 AND 26 AND BEING 14 FEET WIDE AND RUNNING WEST FROM LAFAYETTE STREET 165 FEET TO THE EAST SIDE OF THE NORTH AND SOUTH ALLEY ALL BEING IN THE RECORDED PLAT OF SAMUEL C. STULL'S SECOND ADDITION TO THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Slavinskas indicted the Zoning and Vacation Committee had met on this bill and recommended it to the Council favorably. Melvin Reed, attorney, made the presentation for the bill. He indicated Murdock Construction was planning to expand their operation. He indicated the vacation of this alley was necessary in order for them to construct a new office facility. Council Member Niezgodski made a motion to recommend this bill to the Council favorably, seconded by Council Member Coleman. The motion carried. BILL NO. 92 -88 A BILL AMENDING ARTICLE 4 OF CHAPTER 4 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS "LICENSES ". This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Puzzello indicated the Personnel and Finance Committee had met on this bill and recommended it to the Council favorably. Council Member Luecke made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Slavinskas. The motion carried. Patricia DeClercq, Director of Code Enforcement, made the presentation for the bill. She indicated this bill proposes amending the fencing requirement to make it uniform for all such business. Richard Hamilton, of Hamilton Body Shop, spoke against the requirement that the fence be all one color. Council Member Coleman made a motion that the bill be amended in Section 1, paragraph 5, by inserting an "s" after color, seconded by Council Member Luecke. The motion carried. Council Member Voorde made a motion to recommend this bill to the Council favorably, as amended, seconded by Council Member Niezgodski. The motion carried. This bill was reconsidered, after Bill No. 93 -88. BILL NO. 93 -88 A BILL AMENDING CHAPTER 4, ARTICLE 4 OF THE SOUTH BEND MUNICIPAL CODE, ENTITLED "LICENSES," TO ADD SECTION 4 -20.5, ENTITLED "VEHICLE REMOVAL SERVICE." This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Puzzello indicated the Personnel and Finance Committee had met on this bill and recommended it to the Council favorably. Council Member Luecke made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Coleman. The motion carried. Patricia DeClercq, Director of Code Enforcement, made the presentation for the bill. She indicated this bill proposes that any business engaged in removing unauthorized vehicles from private property would be required to be licensed by the City. She indicated the bill contains regulations concerning the conduct of a vehicle removal service. She indicated the substitute bill requires the licensee to notify the police department radio room prior to removing any vehicle, and deletes the provisions requiring the licensee to release impounded automobiles upon the presentation of commercial tender that includes personal checks and credit cards or upon proof of financial responsibility. She indicated the substitute bill also requires the vehicle owner or other individual to provide proof of ownership or authorization in order to recover his or her vehicle. Richard Hamilton, Hamilton Body Shop, spoke against this bill. Rick Hamilton, Hamilton Body Shop, spoke against this bill as it is written. Gary Mentag, Her's Towing, spoke against this bill. Council Member Voorde made a motion to recess, seconded by Council Member Coleman. The motion carried and the meeting was recessed at 7:55 and reconvened at 8:15 p.m. Council Member Slavinskas made a motion to continue public hearing on this bill until December 12, and refer it back to the Personnel and Finance Committee, seconded by Council Member Duda. The motion carried. Council Member Coleman made a motion to reconsider Bill No. 92 -99, seconded Coleman. The motion carried. The Council attorney, Kathleen Cekanski - Farranded indicated this bill should be amended in Section 4 -20 11811, to correct a typo, in the third to last sentence "i" should be deleted and "j" should be inserted. Council Member Coleman made a motion to amend, seconded by Council Member Duda. The motion carried. Council Member Voorde made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Luecke. The motion carried.