09-27-71 Council Meeting Minutes

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• REGULAR MEETING REPORT FROM PARK AND RECREATION COMMITTEE SEPTEMBER 27, 1971 A report on an ordinance creating a single department of parks and recreation was given. Councilman Szymkowiak reported that the ordinance was originally reported as unfavorable by the Committee; and was then put back into Committee for further study. REPORT FROM THE ANNEXATION COMMITTEE "Your Annexation to whom was referred an ordinance annexing territory to the municipal city of South Bend, Indiana, described as lying generally west of Hickory Road, South of the Toll Road, East of Ivy Road and North of the present city limits recommends the passage of the ordinance by the Common Council, subject to amendment of the legal description. Attached hereto and made a part thereof this recommendation is the statistical data sheet, a map of the area in question, time table for the rendering of city services, prepared by the City Engineer and a certification of the board of Public Works & Safety as to the ordinance meeting the legal requirements for annexation. The committee further advises that on Thursday, September 23, 1971, public hearing was held by the Annexation Committee at the Morris Civic Auditorium. The arguments were ably presented by both sides at this meeting. The attorney for the owners of the property within the proposed annexed area requests a public hearing be held before the Committee of the Whole Council and also requests a postponement of such public hearing to a later date. It is our opinion that this would serve no useful purpose therefore, we recommend the above request be denied. /s/ Robert O. Laven, Chairman" There being no objections, the report was accepted as read and placed on file. REPORT OF THE COMMITTEE OF THE WHOLE Council President Laven entertained a motion to waive the reading of the report of the Com- mittee of the Whole. Councilman Palmer so moved, seconded by Councilman Grounds. Motion carried unanimously. ORDINANCES, THIRD READING ORDINANCE NO. 5339 -71 AN ORDINANCE ANNEXING TERRITORY TO THE MUNICIPAL CITY OF SOUTH BEND, INDIANA, DESCRIBED AS LYING GENERALLY WEST OF HICKORY ROAD, SOUTH OF THE TOLL ROAD, EAST OF IVY ROAD AND NORTH OF THE PRESENT CITY LIMITS, AS AMENDED. (Maple Lane) This ordinance was given third reading. Councilman Gerald C. Reinke made a motion for adoption of a proposed amendment to this ordinance, and the motion was seconded by Councilman Grounds. There was a discussion as to the reason for the change and Mr. Lloyd Taylor, City Engineer, was asked to clarify same. Mr. Taylor explained there was a previous annexation of property in a nearby area which the residents appealed and the matter was taken to court. The change was on the West boundary which excludes Rosemary Lane. Mr. Taylor showed a map clarifying the pro- posed boundaries. Council President Laven then asked for a show of hands from those in favor of the amendment to the proposed ordinance. The vote was 5 ayes and 4 nays; the amendment was adopted. Council President Laven then entertained a motion on the ordinance and Councilman Reinke made a motion that the ordinance, as amended, be passed. Councilmen John V. Wise and Janet Allen called a point of order. Councilman Janet Allen stated that the Council had not received a report from the Committee of the Whole concerning this ordinance. Council President Laven stated that the first and second reading and a public hearing on the ordinance were held on Thursday, September 23, 1971 and it was asked for a report back to the Council at this par- ticular meeting (September 27) for the third reading, asked City Attorney Shepard J. Crum - packer if this was correct. Mr. Crumpacker confirmed said action had taken place. President Laven then called for the pleasure of the Council on this ordinance and Councilman Reinke made a motion that the ordinance, as amended, be passed, seconded by Councilman Grounds. Councilman Wise made the statement that originally he had been an advocate of annexation if it was done in an orderly fashion. He said there was nothing orderly about this annexation and further stated there was no great rush. He commented he believed they had gone about as far they could con- cerning annexation and if this ordinance was passed, he felt the Council should explain to his constituants in the 4th District why they are not getting the services promised. He repeated he was against this annexation because it is not being done in an orderly manner. Councilman Reinke commented upon the school tax levy; the assessed valuation of Clay Township is $35,724.00 with the 1971 school tax levy of $4.80 which brings the school tax to $1,714,766.00 leaving $1,579,340.00 to be paid by South Bend; this is an unfair burden on the City of South Bend. He commented on the Penn - Harris school system in Mishawaka stating that they are not included on the city tax rate. Some 10 years ago when the referendum was voted on, Clay Township voted against joining the school system of South Bend but now they are included and the educational system of Clay Township is on the same level as that of South Bend and, in addition, Clay students require bussing, which the City will continue to do. He stated he supported the annexation. Councilman Janet Allen said she did not favor this annexation. She felt there should be no further annexations until adequate services could be provided to those areas al- ready annexed. She commented this was a most confused annexation ordinance and that the bound- aries had been changed 3 times already and the small increase in revenue to the City was not feasible grounds for this annexation. Council President Laven then asked Council Vice President John Wise to take the Chair as he wished to make a statement pertinent to the discussion. Vice