06-12-72 Council Meeting Minutes

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REGULAR MEETING JUNE 12, 1972 COMMITTEE OF THE WHOLE MEETING - CONTINUED ORDINANCE AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA -1962, SECTION 40 AS AMENDED AND GENERAL ORDINANCE NO. 4990 -68 AND THE ACCOMPANYING MAP THERETO, GENERALLY KNOWN AS THE SOUTH BEND ZONING ORDINANCE BY CHANGING THE CLASSIFICATION OF THE USE DISTRICT FOR A CERTAIN PARCEL OF LAND. (18343 State Route 23) City Attorney Charles A. Sweeney, Jr. said that this ordinance and the next ordinance set for public hearing are part of the same petition to rezone and the public hearings could be held simultaneously. AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA -1962 SECTION 40, AS AMENDED AND GENERAL ORDINANCE NO. 4990 -68 AND THE ACCOMPANYING MAP THERETO, GENERALLY KNOWN AS THE SOUTH BEND ZONING ORDINANCE BY CHANGING THE CLASSIFICATION OF THE USE DISTRICT FOR A CERTAIN PARCEL OF LAND. (18401 State Route 23) This being the time heretofore set for public hearing on the above ordinances, proponents and opponents were given an opportunity to be heard thereon. Mr. William E. Voor, Jr., Attorney, 300 1st Bank Building, spoke for the petitioners. This land is in the Turtle Creek Apartment area. Two parcels of land were rezoned in 1970 having received a favorable recommendation from the Area Plan Commission. Since no construction was started on these parcels of land within a period of one year, the zoning reverts back to the original classification. The petitioners are, therefore, reapplying for the change in zoning granted in 1970. Councilman Horvath asked if this land was going to be used for more apartments. Mr. James Locker, owner of the land, said that it was going to be used for a commercial building of some type as outlined in the petition filed. Mr. Douglas Carpenter, of the Area Plan Commission, said that the initial re- zoning was granted subject to the site plan submitted. Councilman Parent made a motion that the ordinances go to the Council as favorable. The motion was seconded by Councilman Taylor and carried. ORDINANCE AN ORDINANCE AMENDING SECTIONS 20 -18 AND 20 -55 CHAPTER 20, VEHICLES AND TRAFFIC, IN THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1971. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard thereon. Mr. Charles A. Sweeney, Jr., City Attorney, spoke for the ordinance in behalf of City Controller James V. Barcome, who was out of the city. The Ordinance is requesting that the parking fee on meters be raised from 5d, to 10� for thirty minutes and that the fee for violations be raised from $1.00 to $2.00, with the further provision that, if the fee is not paid within 48 hours, an additional $3.00 be added to the fee, making the fine $5.00 if not paid within 48 hours. Under the present fine system, an unpaid $1.00 violation costs $1.50 to collect. Many other cities do charge more than $1.00 for a parking violation. Indianapolis charges $5.00, with a $10.00 fine if not paid within 48 hours. The City does have new heads to install on the present meters and they estimate it will cost about $1500 to change the heads. The administration feels many people will park at a meter taking a chance on getting a $1.00 traffic violation ticket rather than park in a parking garage at a rate of 95(�. They feel that the new schedule will produce more rapid turnover at the down- town parking meters and encourage people to use the parking garages, rather than incur the fines. Mr. Richard Bohan, 114 E. Eckman Street, spoke against the ordinance. He said it will keep people away from the downtown area. He said the city should provide more free parking to en- courage people to come downtown. He said that a system was suggested some years ago to charge $1.00 for the first violation, $2.00 for the second, $3.00 for the third, etc. He feels this would be a better system, penalizing the habitual offender rather than a one -time parker. Mr. Phil Crone, -of the UAW -CAP CSUftnil, spoke in opposition to -the ordinance.a,nd said it would only encourage people to use the shopping centers. He said the proposed increase in fines is much too high and charged that the increase in the fine after forty -eight hours is actually finding the violator in contempt of court. City Attorney Sweeney replied that this is not the case. Mr. Joe Burkus, President of the Bendix Union, spoke against the ordinance. He said that the members of his union are not in favor of increasing the parking charge or the fine for violation. He said they would like the city to junk the meters. He said this is just another way of robbing the poor people and that the Council members have a moral obligation to the citizens to follow their wishes. He said that people can get tickets fixed so why bother with raising the fines. Miss Virginia Guthrie, Executive Director of the Civic Planning Association, expressed concern that, in order to meet the bond payments on the parking garages, the burden would have to be put on the property tax payers. She said that the property owners should not have to pay for the parking garages, the parking meter department and the meter maids through the property tax and asked for Council assurance that this would not be done. Councilman Newburn assured Miss Guthrie that the Council would take a long, hard look at the situation before any such changes were made. Mr. Tom Miller spoke against the ordinance. He said many times packers find a meter and then do not have the proper change called for by the meter head and can find nowhere to get the correct change. He said the meter heads should accept various coins. Mrs. Lee Swan, 2022 Swygart Street, spoke against the ordinance. She said this is a bad time to increase fees. She said the downtown area is a shambles and not a pleasant place for people to come right now and this would just encourage them to stay away. She also questioned the estimate of $1500 to change the meter heads. Mr. Charles Watkins, Deputy City Controller, explained that, while the city does have some new meter heads, they will have to get more for the complete changeover and would have to pay the expense of changing them which would involve overtime pay for meter de- partment employees. Mr. Joseph Guentert, 1034 Foster Street, said he felt the ordinance should allow a more reasonable time for payment of the fines. He said he felt the ordinance was intro- duced in order to help the city meet its bonded indebtedness. He pointed out that the City.of Mishawaka has removed its parking meters. Mr. Roman Kowalski, 802 Birchwood, said that if the fines are being raised to subsidize the garages, he is against it. He said it will drive people out of the downtown area. He said that this would be penalizing the citizens and that the city should cut expenses to get the money needed for the bond payment. Mr. Lowell Spalding, 3422 Woldhaven Drive, said that raising the parking meter fees and the fine for violations would be driving one more nail in the coffin of the downtown merchants. Mr. T. Forrest Hanna, 1421 East