09-27-76 Council Meeting Minutes

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REGULAR MEETING SEPTEMBER 27 1976 COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in the Committee of the on Monday, September 27, 1976, at 7:03 p.m., with nine members present. Chairman Frank Horvath presiding. ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (SOUTHEAST CORNER OF ST. JOSEPH ST., AND IRELAND ROAD). This being the time heretofore set for public hearing on the above ordinance, proponents and op- ponents were given an opportunity to be heard. Dr. Elmer Graber 52690 Brooktrails, made the pre- sentation for the ordinance. He indicated this rezoning was approved by Area Plan with a sug- gestion that the Council approve this subject to granting an easement. He said he would like to have the rezoning without the easement, because the property was narrow. Council Member Horvath asked that a representative of Area Plan explain the situation. Mr. Tony Molnar, of Area Plan, explained why the easement was needed. Council Member Adams asked if the stipulation was not granted would this have to go back to Area Plan. Mr. Molnar indicated it would. Dr. Graber in- dicated he would like to have the land zoned commercial and at a later date come back with a final site plan. Council Member Miller asked if Dr. Graber had someone interested in the land who did not want the easement. Dr. Graber indicated he did not have an interested party at this time. Council Member Miller indicated that if they approved this ordinance with the easement and stipul< it would be a minor change it would not have to come back through the Council. Council President Parent indicated that if they did not include the stipulation then it would have to go back to the Planning Commission. Mr. Molnar indicated it would have to go back, but not necessarily for a public hearing. Dr. Graber indicated it would greatly diminish the use of this property if the easement was granted. Council Member Taylor indicated that because of traffic on Ireland it would be a mistake for Council to remove the stipulation. Council Member Serge asked how wide the easement would be, and Mr. Molnar indicated it could be 25', or as small as 20'. Council Member Taylor made a motion this ordinance go to Council favorably with the stipulation included in the ordinance, the period after the word District be made a comma and subject to the approval of a final site plan, which indicates an access easement which is aligned with commercial development to the east, be added. This motion was seconded by Council Member Serge. The motion carried. ORDINANCE AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 1, SECTION 2 -10 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA, 1976, COMMONLY REFERRED TO AS THE STANDING COMMITTEES OF THE COMMON COUNCIL BY THE ADDITION OF CITIZEN MEMBERS TO SUCH COMMITTEES. This being the time heretofore set for public hearing on the above ordinance, proponents and op- ponents were given an opportunity to be heard. Mr. Roger 0. Parent, Fourth District Councilman, made the presentation for the ordinance. He explained that this would allow standing committees of the Council to have up to one -third of their members be citizens. He indicated he felt this would establish a relationship between the citizens and elected officials. He indicated it was very important that new methods be devised for citizens to relate to their elected officals. He said the citizen members will not be able to vote or serve as chairman of a committee. Cathy Barnard, 1957 Malvern Way, President of the League of Women Voters, indicated they felt thi; ordinance was a step in getting citizens to take active participation in their government. She indicated that citizens will serve one year terms and they felt it takes at least that long to understand what they are doing, and perhaps the terms should be two years. Mrs. Jane Swan, 2022 Swygart, indicated she agreed that this was a good step. She said that many times the Council can get bogged in technicalities. She said that something has to be done to get people interested in their government. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, indicated they supported this ordinance. He said the ordinance indicates that you have to be a resident of the city for oz year and he thought this stipulation should be removed because the Council might be denying them- selves of the talents of someone who has just moved into the city and is experienced. Council President Parent indicated that Council committee members are appointed for only one year and that was the reason why citizen members would serve one year terms. He indicated the ordinan should be amended regarding residency. He made a motion to cross out "for not less than one year prior to appointment" from the ordinance, seconded by Council Member Miller. The motion carried. Council Member Adams made a motion to amend the ordinance so that citizen members shall be appoint by Council Members of the standing committee, seconded by Council Member Miller. Council Presider Parent indicated he thought the citizen members should be appointed the same way the Council Memb( is appointed, by the Council President. Council Member Adams indicated she felt it would be good to have the committee choose the citizen member. Council Member Kopczynski indicated he would like to speak against this ordinance. He indicated there were many commissions and boards in the City and two districts, the sixth and second, are not being fairly represented. He indicated he would like the ordinance to be sent to committee. A vote was taken on Council Member Adams' motic and it lost. Council Member Adams made another motion to amend the ordinance in paragraph (b) that citizen members shall be appointed by the majority of the Common Council, and on page 2 paragraph (2) change the word president to members, seconded by Council Member Miller. Council President Parent indicated he thought this was a good idea and it would allow greater participatic by the Council Members. The motion carried with Council Members Taylor, Horvath and Dombrowski opposing. Council Member Adams made a motion to amend page 3 paragraph (m) by adding A copy of each report shall be filed with the City Clerk, seconded by Council Member Miller. Council Membez Kopczynski indicated he would not vote on this ordinance.