08-13-79 Council Meeting Minutes

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REGULAR MEETING AUGUST 13, 1979 COMMITTEE OF THE WHOLE MEETING (CONTINUED BILL NO. 88 -79 A BILL APPROPRIATING $95,000 FROM THE FEDERAL ASSISTANCE GRANT FUND, COMMONLY REFERRED TO AS REVENUE SHARING, FOR THE PURCHASE OF DIESEL FUEL AND GASOLINE, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND, THROUGH ITS DEPARTMENT OF ADMINISTRATION AND FINANCE. This being the time heretofore set for public hearing on the above bill, proponents and opponent were given an opportunity to be heard. Mr. Patrick McMahon, Director of Public:Works, made the presentation for the bill. He indicated.this appropriation would supplement the regular budget line items for motor fuel. He indicated that he had anticipated that the total cost of motor fuel would be approximately $353,000, however, with the rising cost of motor fuel, he indicated it will probably be necessary to come back to the Council with another appropriation. Council Member Szymkowiak made a motion to recommend this bill to the Council favorable, seconded by Council Member Adams. The motion carried. BILL NO. 38 -79 A BILL AMENDING CHAPTER 7, ARTICLE 5, SECTION 7 -76 AND 7 -79 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS THE SCRAP AND JUNK DEALERS ORDINANCE. This being the time heretofore set for public hearing on the above bill, proponents and opponent were given an opportunity to be heard. Kathy Cekanski - Farrand, Council Attorney, made the pre- sentation for the bill. She indicated that the Public Works Committee had amended the original bill from the title down. She then read the amended bill in its entirety. Council President Parent made a motion to accept the amendments as read by Mrs. Cekanski - Farrand, seconded by Council Member Kopczynski. The motion carried. Council Member Kopczynski indicated he would like to make supplemental amendments to the amended bill. He read his-supplemental amendments to Sections 7 -78, 7 -70 and 7 -81. In Section 7 -78, after Board of Public Works add "and the Common Council, resolutions approving the issuance of a license 11 ; in Section 7 -80 add a new paragraph (b) to read "A License shall be renewed and issued by Controller following a favorable review and recommendation by the Fire Prevention Bureau, a favorable review and recommendation by the Environmental Protection Office of the CIty, passage of a Resolution by the Board of Public Works, and passage of a Resolution of Renewal by the Common Council. "; in Section 7 -81 (a) add "and the Environmental Protection Office "; in Section 7 -82 add "-a resolu- tion recommending renewal of the license. Such resolution shall be submitted to the Common Council for its consideration. The declaration of the Board shall be deemed conclusive unless the Common Council by resolution shall disapprove the Board's resolution at its next regularly scheduled meeting." Council President Parent made a motion to amend the bill, seconded by Council Member Serge. The motion carried. Mr. James Masters, Assistant City Attorney, indicate that the original bill required solid fencing surrounding the entire junk yard. He indicated that the Council should enact an ordinance that would be applicable to the yards operating in the City. He said that the requirement for new fencing should be specified in the bill. Kathy Cekanski - Farrand indicated that this proposed bill would not grandfather the present operators from the fencing requirement. Mr. George Divjak, President of the Rum Village Neighborhood Association, thanked the entire Council, Mr. Masters and Kathy Cekanski - Farrand for considering them and inviting them to have input into this ordinance. He said, however, they would like higher fences and fences along the-railroad tracks. Mrs. Hildy Zemlyak, 1903 Franklin, indicate that she appreciated the fact that the Council wanted to work with the neighborhood. She indica that the yards at 307 W. Calvert and in the 300 block of Indiana Avenue are in deplorable condi- tion, and the neighborhood is concerned. She indicated that the railroad sidings should be blocked off so the debris did not show. Mr. Harold Brueseke, attorney, indicated that this bill had input from everyone involved. He indicated that the Public Works Committee bill should be amended in Section I, (3) Buffer Strips to read property lines instead of lot lines. He in- dicated it was unfair that Council approval would be required to obtain a scrap license. He said he thought that amendment should be given much more consideration. He said there was a risk that the issuance of these licenses could become highly political. Mrs. Helen Madaras, 2021 S. Franklin, indicated that fencing could be built around the railroad tracks on Calvert because Conrail does not enter there. She said people unload their junk at night and if there was a fence they could not get into the area. Mr. Arthur Garden, 1820 S. William, asked the Council to give the neighborhood all the.help they possible can. Mr. George Divjak, indicated that the Council was trying to enforce the licensing because of the condition of a few yards. He showed pictures of the yards. Council Member Horvath indicated he was glad that the neighbor hood, business people and the Council could come up with an ordinance. He said he would suggest that a copy of this bill be sent to each junk dealer by registered mail. He asked that some one from the Administration send a registered letter to each junk dealer with a copy of the bill, and an explanation. He indicated that the Council has passed a lot of ordinances, but they are never enforced, and that was why Council Member Kopczynski's amendment was put into the bill. Council President Parent indicated that this bill was a major effort to establish some control over the junk yards. He said because of some operations the Council has to establish a control. He asked Kathy Cekanski - Farrand if she had prepared the amendment he requested. She indicated that Section I, (2) of the Public Works bill should be amended in Type B Fencing by adding "Provided that any Type B fencing which shall be erected as required by this Section shall be a minimum of eight (3) feet in height." Council President Parent made a motion amend the bill, seconded by Council Member Kopczynski. The motion carried. She indicated that Section I, (3) Buffer Strips, should be amended by changing lot lines to property lines in two places in the paragraph. Council Member Dombrowski made a motion to amend the bill, seconded by Council Membe Adams. The motion carried. Council Member Dombrowski asked that a letter be sent to Mr. Master and the City Engineer asking them to check and see if the railroad tracks on Calvert could be torn out. He said that Fabricated Steel was building a large building and some of the tracks have been removed. Council Member Miller made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Serge. The motion carried. There being no further business to come before the Committee of the Whole, Council President Parent made a motion to rise and report to the Council and recess, seconded by Council Member Miller. The motion carried and the meeting was recessed at 8:17 p.m. ATTEST: ATTEST: A T7 0