10-22-79 Council Meeting Minutes

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REGULAR MEETING OCTOBER 22, 1979 COMMITTEE OF THE WHOLE MEETING (CONTINUED BILL NO. 133 -79 A BILL AMENDING CHAPTER 20 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, BY ADDING A NEW ARTICLE 10 AUTHORIZING THE BOARD OF PUBLIC WORKS TO ESTABLISH RESIDENTIAL PARKING ZONES. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Terry Miller, Third District Councilman, made the pre- sentation for the bill. He indicated that two - thirds of the residents in an area can petition for a residential parking zone. He said it is then up to the Board of Public Works to deter- mine if this is warranted. He indicated this bill should not be delayed. He said this bill was patterned after an ordinance in force in Arlington, Va., which has been tested in the United States Supreme Court and upheld. He asked theCouncil to give this ordinance a chance. Anabel Brehmer, 609 N. Lafayette, indicated her neighborhood should be included because they have the same problem with Memorial Hospital employees. Bevery Beck, 1630 E. Randolph, spoke in favor of giving this ordinance a try. Marjorie Proctor - Smith, 1702 Hildreth, indicated that the residents of that area want a solution to their parking problems that will work. Mildred Westfall, 840 N. Main, indicated she never had a place to park in front of her home. Mr. Patrick Brennan, 312 W. Navarre, indicated they had a problem with the Memorial Hospital and Medical Foundation employees parking in frontof their home. He said he would like to see this ordinance enacted. Judi Kline, 1018 E. Esther, asked if it would be possible to try something in that area, and use them as a guinea pig for-the rest of the City. Jane Swan, 2022 Swygart, indicated that acting on this bill tonight would not be a solution. She said she thought this should be delayed and a solution should be found. Marilyn Flory, who resides on Hildreth, indicated that Indiana University was planning to build a library, on one of their parking lots which would only increase the parking problem. Kathleen Cekanski - Farrand, Council Attorney, in- dicated that the language in this bill would have to be tightened. She said that the word "household" would have to be defined. She indicated she favored delaying this bill as she had not read Mr. Masters', assistant City Attorney, opinion and he had not read hers. Council Member Kopczynski asked Mrs. Farrand to write to Evanston and Madison, Wisconsin to see how they treated this problem. Council President Parent asked Mrs. Farrand if she was saying she was not sure of the language of the bill. She indicated there was a technical problem with the language as written. Jim Masters, Assistant City Attorney, indicated that the City Attorney's office was responsible for defending any ordinance. He said it. was his opinion, based upon the U.S. Supreme Court, that this bill will stand a constitutional challenge. Mr. Patrick McMahon, Director of Public Works, indicated that he felt that the biggest problem with this bill is that it was going to effect too many areas in the City. Council President Parent indicated that they could continue to work on this bill,.or use it as a trial in one neighborhood. Counci. Member Taylor made a motion to recess, seconded by Council President Parent. Council Member Kopczynski indicated that the Council should go on record that the City should provide off - street parking in congested neighborhoods. The motion carried and the meeting was recessed at 8:02 p.m., and reconvened at 8:15 p.m. Council Member Serge indicated that he had the same problem in his district. Council Member Szymkowiak indicated that he felt the neighborhood should take up a petition and submit it to Indiana University at Bloomington. Council Member Miller made a motion to amend this bill in Section II, (b) strike the word "household" and say "family" as defined in Chapter 21 -1 (a) (22) of this Code. Council Member Miller indicated he would like to try this in the I.U.S.B. area for six months, and have a letter sent to the Board of Public Works requesting that this be tried in one area for six months and at which time the Council would review the ordinance. Council Member Taylor indicated he thought this was worth a trial basis. He made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Parent. Council Member Adams asked if the Board of Works could legally apply this to one neighborhood. Mr. Masters indicated he had problems with the Council indicated that here only be one neighborhood. Mr. Peter Mullen, City Controller, indica- there was a need for this ordinance, but more work has to be done to make it work. He said he thought the time should be taken to work on this and make it a good ordinance. The motion car- ried. BILL NO. 134 -79 A BILL APPROPRIATING INTEREST EARNED FROM THE PURCHASE OF CERTIFICATES OF DEPOSIT OUT.OF THE PROCEEDS OF THE 1977 PARK DISTRICT BONDS TO THE PARK DISTRICT BOND CONSTRUCTION FUND 50 IN THE AMOUNT OF $17,000.00. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. James Seitz, Superintendent of Public Parks, made the presentation for the bill. He said they were requesting this appropriation in order to do some paving at Potawatomi, and erect a physical fitness course at Paul F. Boehm Park, as well as landscaping. Council Member Dombrowski made a motion to recommend this bill to the Council favorable, seconded by Council Member Adams. The motion carried. BILL NO. 109 -79 A BILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDIANANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (NORTHWEST CORNER OF OAK AND CHAPIN STREETS.) This being the time heretofore set for public hearing on the above bill, proponents and opponent were given an opportunity to be heard. Mr. Ron Gerencher, of Louie's Tux Shop, made the pre- sentation for the bill. He said this rezoning was to allow additional parking for Slidecraft and the tux shop, as well as a storage building for the tux shop. Council Member. Kopczynski made a motion to recommend this bill to the Council favorable, seconded by Council Member Dombrowski. The motion carried. There being Dombrowski The motion ATTEST: City Clerk no further business to come before the Committee of the Whole, Council Member made a motion to rise and report to the Council, seconded by Council Member Adams. carried. ATTEST: Chairman