Loading...
HomeMy WebLinkAbout10-08-73 Council Meeting Minutes++++++ + + + + + + + + + + + + + + + + + + + + + + + +.....-I ........ f" #*Mf%#+ ++44+ ....-F.... + + + + + +-h +-f ............ ..... + + ++ REGULAR MEETING OCTOBER 8, 1973 . Be it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Monday, October 8, 1973, at 7:03 p.m., Council Vice President Walter M. Szymkowiak presiding in the absence of Council President Nemeth. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL PRESENT: Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, and Newburn. ABSENT: Council President Nemeth. Councilman Taylor made a motion to resolve into the Committee of the Whole, seconded by Councilman Kopczynski. The motion carried. COMMITTEE OF THE WHOLE MEETING Be it remembered that the Common Council of the City of South Bend met in the Committee of the Who on Monday, October 8, 1973, at 7:04 p.m., with eight members present. Chairman Odell Newburn pre- sided. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 21 OF THE CODE OF SOUTH BEND, INDIANA, 1971 (744 WEST WASHINGTON STREET). This being the time heretofore set for public hearing on the above ordinance, Councilman Parent referred to a letter written by the petitioner, Atlantic Richfield Company, wherein it was stated that the attempts to rezone the property for the service station had been unsuccessful and that t option to purchase the property was, therefore, terminated. In view of the letter, Councilman Parent made a motion to strike the ordinance, seconded by Councilman Kopczynski. The motion carried It REGULAR MEETING OCTOBER 8, 1973 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 (SOUTHEAST END OF THE BROADMOOR SHOPPING CENTER, CORNER OF MIAMI STREET AND IRELAND ROAD) . This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. There being no one present to make the presenta- tion for the ordinance, it was the decision of the Committee of the Whole to move on with the next order of business. (See following minutes - public hearing was held on the ordinance this date.) ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO. 4990 -68, CHAPTER 40 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, FORMERLY REFERRED TO AS ZONING ORDINANCE NO. 3702, AS AMENDED (1404 KINYON STREET) . This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. There being no one present to make the presenta- tion for the ordinance, Councilman Horvath made a motion to postpone the hearing on the ordinance to the October 22nd meeting of the Council, seconded by Councilman Miller. There was a brief dis- cussion on whether or not the ordinance should be postponed. Councilman Serge indicated that he understood that the petitioner was already operating the beauty shop in the home. He wondered if this could legally be done in view of the fact that the Council had not considered the rezoning yet. Chairman Newburn was of the opinion that Council approval was required. He asked for an opinion from the City Attorney. Mr.:James Roemer, City Attorney, stated that, just because the petitioner was already operating within the home, the Council would still have the right to either approve or deny the request for rezoning. The motion carried. (See following minutes - public hearing was held on the ordinance this date.) Councilman Miller made a motion that the rezoning for the Broadmoor Shopping Center also be heard on October 22nd because no one was present to speak on behalf of the ordinance, seconded by Councilman Parent. The motion carried. At that time, the attorney representing the petitioner, Mr. William Voor, arrived and requested that the Council hear his presentation at this meeting. The motion was retracted. 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 (SOUTHEAST END OF THE BROADMOOR SHOPPING CENTER, CORNER OF MIAMI STREET AND IRELAND ROAD) . This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. William Voor, 300 First Bank Building, the attorney representing the petitioner, made the presentation for the ordinance. He explained that the petition had been brought in about two years ago when, originally, there had been plans to bring in a MacDonald restaurant. He referred to a slide of the property and surrounding area. He indicated that the property had already been rezoned and that he was requesting that the Council approve the site plan for the area which would be adjacent to the Bid Wheel Restaurant. Councilma Horvath asked where the restaurant would be located, and Mr. Voor explained that it would be east of the proposed bank facility.. Councilman Serge made a motion that the ordinance go to the Council as favorable, seconded by Councilman Kopczynski. The motion carried. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO. 4990 -68, CHAPTER 40 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, FORMERLY REFERRED TO AS ZONING ORDINANCE NO. 3702 (IRELAND ROAD EAST OF AND CONTIGUOUS TO THE MONTGOMERY WARD AND SCOTTSDALE MALL PROPERTY). This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. There being no one.present to make the presenta- tion for the ordinance, Councilman Horvath made a motion to postpone the hearing on the ordinance to the October 22nd meeting of the Council, seconded by Councilman Kopczynski. The motion carried (See following minutes - public hearing was held on the ordinance this date.) ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (1989 PRAIRIE AVENUE). This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. There being no one present to make the presenta- tion for the ordinance, Councilman Parent made a motion to proceed with the next item on the agend and come back to the ordinance, seconded by Councilman Kopczynski. The motion carried. Councilma REGULAR MEETING OrTORPR A, 1971 COMMITTEE OF THE WHOLE MEETING (CONTINUED) Horvath was of the opinion that the attorneys making the presentations should be present and the Council should not have to proceed with the next item of business and come back to the ordinance. There was a brief discussion on the method of handling the above ordinances because the attorneys were not present to make the.presentations. Councilman Szymkowiak felt the ordinances should be continued if the attorneys were not present, and he so moved, seconded by Councilman Horvath. The motion lost as there was no call for the question. (See following minutes - public hearing was he on the ordinance this date.) ORDINANCE AN ORDINANCE FOR THE TRANSFER OF FUNDS WITHIN THE POLICE DEPARTMENT BUDGET IN THE AMOUNT OF $3,000.00 FROM ACCOUNT P -12, "SERVICES PERSONAL ", TO ACCOUNT P -262, "MEDICAL, SURGICAL AND DENTAL ", BOTH ACCOUNTS BEING WITHIN THE POLICE DEPARTMENT BUDGET OF THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Robert Urban, Police Chief, made the presen- tation for the ordinance. He explained that Account P -262 had gone into a deficit balance in the amount of $241.41. The department, at present, had in -house claims in excess of $600 for the medi cal and dental needs of the prisoners. He also indicated that the city was faced with a liability claim of $1,300. He requested that the transfer be made in lieu of insurance settlements in exces of $2,000. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, indicated that she was aware that this was one of the most difficult budget items to estimate; however, she indicated that there had been many transfers made during the past year from the Services Personal Account within the POlice Department. She wondered if the city was up to full complement if all this mone was available in the Services Personal Account for transfer to other accounts. Chief Urban indicated that the city had 240 sworn personnel. He explained that, very soon, one of the officer would be retiring. In the academy, 25 recruits were in training. This would bring the city up to 264 by December 15 if there were no additional retirements', resignations or deaths. Miss Guthrie felt it was extremely important that the department be at full complement at all times. Chief Urb indicated that, in 1973, there were 231 men allocated. There were 9 men allocated as recruits. For 1974, the city has 254 people on the payroll as of January 1; however, he was projecting to have approximately 264 men on the payroll. Miss Guthrie asked about the number of cadets followin through on the program and remaining with the Police Department. She indicated that she understoo this was covered through the budget of the Board of Public Safety. She indicated that there were 10 recruits listed for next year's budget. Councilman Miller also wondered how many cadets were finishing the program. Chief Urban indicated that, at the present time, there had been 5 men eligible; however, out of the 5 men, 1 had failed a physical examination. He briefly explained that the courses taken at Indiana University consisted of 62 credits which were needed in order to receive the Associate Degree. Councilman Kopczynski asked about the money received from the insurance companies on the claims, and Chief Urban indicated that money received from the insuranc companies goes back into the Dental and Medical Fund and not the General Fund. Councilman Parent made a motion that the ordinance go to the Council as favorable, seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE FOR THE TRANSFER OF FUNDS WITHIN THE BUREAU OF WEIGHTS AND MEASURES BUDGET IN THE AMOUNT OF $75.00 TO ACCOUNT #215, "TRANSPORTATION ALLOWANCE ", AND $25.00 TO ACCOUNT #370, "OTHER SUPPLIES_ ", AND $100.00 FROM ACCOUNT #252, "REPAIRS OF EQUIPMENT ", ALL ACCOUNTS BEING WITHIN THE BUREAU OF WEIGHTS AND MEASURES BUDGET OF THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Walter Lantz, Deputy Controller, made the presentation for the ordinance. He stated that the Transportation Account was used by the Deputy City Sealer for use of a personal car for various activities within the department. At the presen time, not including the current month, $285.90 of the $300.00 appropriation had been used. The $300.00 appropriation allowed for an average travel of 14 miles daily, and it was not sufficient for the work that had to be done. He also indicated that $25 was needed in the Supplies Account for approval seals, lead security seals, wire and dies, all of which were required by Indiana Stat Statutes. Councilman Kopczynski asked about the daily mileage of the sealer. Mr. Lantz indicated that 14 miles were allowed in the budget. He indicated that the mileage should be brought up to 21 miles day. Councilman Kopczynski repeated his question, and Mr. Lantz indicated that the sealer was putting about 21 miles a day on the car. He stressed the need for.the transfer. I lCouncilman Serge made a motion that the ordinance go to the Council as favorable, seconded by Councilman Szymkowiak. The motion carried. IIORDINANCE AN ORDINANCE TO AMEND SECTION 15 -16 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Kevin Butler, St. Joseph Bank Building, the attorney representing the drivers for Courtesy Cab and Indiana Cab, made the presentation for the ordinance. He explained that the taxicab industry in the community is very important. The industr is regulated by the Board of Public Works and the Common Council and the rate increase can be obtained only by ordinance approved by the Council. He explained that, with the cost of living increases, the industry is dependent upon the Common Council to raise the rates from time to time. He indicated that the taxicab industry is not subsidized by the federal government and also must pa REGULAR MEETING QCTQRRR 8F 19:Z3 COMMITTEE OF THE WHOLE MEETING (CONTINUED) the full fuel prices. He stated that the South Bend rates are quite low compared to other cities. He used Michigan City as an example. Mr. Butler then explained that, in July, the drivers in Sout Bend asked that a proposed ordinance to raise the rates be stricken. The drivers have since come up with a recommendation on the increase in the rates. He explained that the companies have been unable to recruit and train the drivers because of the small income they receive. He indicated that, if the companies cannot recruit the drivers, the service to the community would be decreased and the users of the cabs would be the people to suffer. He indicated that the drivers also reali that most of the people that use the cabs are on a tight budget. He talked about the rates per hour and the income the drivers derive from the amount of business they do in a day. He explained that there has also been an increase in the operating costs during the last few months. Previousl gasoline could be purchased at 28� a gallon. Now, the gas costs 10� to ll� higher per gallon and the drivers must pay for it. He explained that this amounted to an increase of more than $2.00 a day. He stated that other garage services had also increased greatly. Mr. Butler stated that Courtesy Cab is owned by its drivers; therefore, there is no profit to the company. He then explained that, after the previous ordinance was withdrawn, the rates were discussed between the drivers and passengers. It was determined that an increase of about 15� in the fare would help to cover the bulk of the increased expenses. This would amount to a 15� increase per trip. Mr. Butler indicated that he felt and the drivers also felt that this was an honest figure. He stated that the drivers have also requested a charge for carrying parcels; however, he stated that this would affect very few passengers. He asked that the Council give the proposal careful considera- tion as he felt the ordinance was very important and necessary to the drivers. He concluded by indicating that a few drivers were present to answer any questions the Council might have regardin the proposed ordinance. Miss Fanny Grunwald, 227 South Frances Street, wondered about the exact wording of the ordinance. She asked if the people using the cabs would still be expected to leave a tip for the drivers with the increase in the fare and the charge for handling packages. Mr. Butler answered that the drivers were aware of that and all that was required was the minimum $1.00 or $1.25 if the package were handled by the driver. He indicated that tipping would be strictly up to the individual. Mrs. Janet Allen, 125 West Marion Street, wondered if any consideration had been given to a minimu or maximum charge. Mr. Butler indicated that the practices vary throughout the country. He state that in South Bend it is a per trip charge rather than a per passenger charge. He indicated that most of the fares that the drivers have are single. Mrs. Allen wondered if consideration had been given when there were more than one person involved. Mr. Bert Liss, 1443 East Washington Avenue, President of Indiana Cab, indicated that the drivers had done everything possible in order to keep the fare down to a minimum. He stated that the raised rate only amounted to a 72% increase. Mrs. Allen expressed concern for the drivers and indicated that she felt there would be an increase of income to the drivers if every passenger was charged rather than a per trip charge. Mr. Thomas Allison, 1416 North Olive Street, a driver for Indiana Cab, stated that the drivers usually only average one driver per trip. He felt that, by charging a flat rate per person, there would be ver little increase realized to the drivers. Mr. James McCann, 1209 North Garland Street, also a driver for Indiana Cab, asked about the Michigan City rate. He suggested that perhaps the minimum distance coverage should-be increased. He asked about the price freeze and its effect on the increased rates. Mr. Butler indicated that the rate was not affected by the price freeze. Mr. McCann talked briefly about the situation in New York, and Mr. Liss pointed out that the cabs in New York are subsidized by the government. Mr. McCann wondered how parcels and shopping bags woul be defined. Mr. Butler stated that, in the event the person getting into the cab does not require a waiting time, there would be no additional charge. He stated that, according to the drivers, there would be a minority of persons whose trips would not already meter a dollar. Mr. McCann felt the persons living on a fixed income would be hurt by the increase. He asked about the rates bein charged for luggage at the St. Joseph County Airport. Mr. Butler indicated that the primary use of the cabs was for transporting passengers and not packages. He again stated that, when a passenger carries a package and the driver loses time, there would be a charge involved. Mr. McCann pointed out that, last year, there had been a 15� increase in the rates. Mrs. Shirley Doxie, 503 Blaine Avenue, was of the opinion that, in the past, the drivers had paid an excessive amount for the lease of the cabs. She asked how much it would cost the drivers to obtain the cab and if the driver would have to pay for the gas. She also wondered if the ordinance would increase the financial input to the company rather than to the drivers. Mr. Liss indicated that the most the company expected out of the increase was 10% and the drivers would derive the 90 %. Mrs. Doxie questioned one of the drivers regarding the cost of purchasing and leasing the cabs. She also wondered if a waiting time was specified in minutes in the ordinance. Mr. Butler indicated that this would depend upon the drivers to determine whether or not there was a waiting period and whether or not he was losing time. He explained the rates and the charges for the carrying of parcels and the waiting time. Mrs. Maurice Schwartz, 725 Park Avenue, asked if there was a charge for waiting by the taxicab driver, and Mr. Butler indicated that there was a charge for three minutes of waiting time. Mr. Allison indicated that the drivers move accordingly because of the passengers. He stated that, when people need assistance in loading and carrying parcels, there should be a fee involved. Councilman Szymkowiak felt something was wrong with the taxicab industry today. He stated that either the volume is down or the service is not needed. He felt one of the reasons was the lack o: courtesy extended by the drivers. He believed that every man should have a living wage; however, he suggested that perhaps the ordinance should be referred to a committee for further consideratioi Councilman Parent felt the drivers were asking for a reasonable increase; however, he indicated that he knew nothing about the taxicab industry. He concluded by indicating that, when the Counci: must consider an increase in something, it is difficult to do without any background information. Councilman Miller asked about a curb space charge, and Mr. Butler indicated that there was such a charge. He stated that $125 is required for every 22 feet of curb space. Councilman Miller indicated that he had some reservations about the minimum rate of $1.00. Mr. Liss stated that the business has been continually dropping. He stated that he would like to cut the rate in half but it could not be done because the manpower was not available. Councilman Miller asked if this was < mandatory rate, and Mr. Butler indicated that it was. He also added that he thought this was traditional in most cities. Councilman Miller felt there was a problem involved with the parcel ai package matter. He asked what would be considered a package, and he stated that he felt the $1.00 fee should be eliminated. Councilman Kopczynski felt the taxicab business was a private matter an( should remain that way. He felt that business would take care of itself. He stated that, if the rates were too high, the people would stop using the cabs. He felt the drivers knew what they wer( talking about and asking for, and he also felt that the drivers had made a thorough investigation of the rates. IICOMMITTEE OF THE WHOLE MEETING (CONTINUED) Councilman Kopczynski made a motion that Councilman Parent. The he indicated that he had him out of order. At this have a Avenue, motion carried. wanted to make the ordinance go to the Council as.favorable, seconded by Councilman Szymkowiak voiced objection to the motion becau a few comments concerning the rate. Chairman Newburn ruled time, Councilman Miller made a motion to rescind the motion to postpone to October 22 and public hearing on the rezonings for Kinyon Street, the Scottsdale Mall property and Prairie seconded by Councilman Parent. The motion carried. II ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO. 4990 -68, CHAPTER 40 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, FORMERLY REFERRED TO AS ZONING ORDINANCE NO. 3702, AS AMENDED (1404 KINYON STREET) . This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Larry Ambler, 215 West Marion Street, repre- senting the petitioner, made the presentation for the ordinance. He explained the request for rezoning to the C -1 Commercial District. He indicated that the petition had originally been filed for "C" zoning; however, upon the recommendation of the Area Plan Commission, the request was now for C -1 zoning. He stated that the beauty shop was previously rented near Elwood Street. He indicated that Mrs. Loughlin would be moving her beauty shop into a home near a fire station, a Burger Dairy Store, a laundromat, etc. He stated that the area, for the most past, was commercial. He referred to a slide of the property, and he explained that immediately to the south, lots are owned by Van Buren's Market. He indicated that Mrs. Loughlin was requesting the zone phange because of rising prices. He stated that she previously paid rent and now wished to establish her business in the home. He explained that her lease for the property she previously rented had expired. He also stated that the Area Plan Commission had made a favorable recommendation regardin the rezoning request. Mr. Ambler also pointed out that the 1995 projected outlook for the area showed it to be "C" Commercial. He indicated that the lots, at present, are unimproved and that th house in which Mrs. Loughlin would have her business would remain looking like a house. Mrs. Elaine Abell, 1502 Kinyon Street, presented a remonstrance to the City Clerk. She indicated that she was acting in the absence of Mrs. Burkus of 1707 Portage Avenue who could not attend the meeting because of surgery being performed on a member of her family. She expressed the feeling of the remonstrators that the rezoning would not be of any good to the neighborhood. She indicated that one of the councilman had indicated that he wished to see the neighborhoods preserved and the residents within the area also felt the same way. Mrs. James Reid, 1647 Portage, indicated that she felt the Council has been very wise, in the past, in not extending commercial zoning north of Bulla Street. She indicated that the residents were trying to keep the neighborhood as it was, and she felt that, if commercial zoning starts coming in, the neighborhood would be spoiled. She asked if Mrs. Loughlin planned to live in the home, and Mrs. Loughlin answered that she would not. Mrs. Margaret Sabaleski, 1745 Kessler Boulevard, indicated that the Council had not approved the rezonin however, she stated that the beauty shop is already in operation. She stated that this gave the appearance that the matter was "already cut and dried ". Mr. James Roemer, City Attorney, stated that;: just because the business was already in operation, it did not mean the Council was legally affected by that fact. Mr. Ambler stated that there was a sign on the premises;-however, it had been sold to Portage Salvage. He indicated that the sign was the old sign that Mrs. Loughlin had used and would not be used for her new establishment. He indicated that Mrs. Loughlin has had electricians at the home because the building will have to be re -wired should the Council approve the rezoning. He also stated that the reason her equipment was already in the house was because her lease had expired and she needed a place to keep her equipment. Chairman Newburn indicated that the Council was now holding the public hearing on the rezoning request and that the matter was not "cut and dried" as Mrs. Sabaleski had been led to believe. Mr. Ambler apologized for his late arrival at the Council meeting and the confusion caused because of it. Mrs. Sabaleski stated that the whole business was already set up. She felt Mrs. Loughlin had anticipated that the rezoning would go through and she did not think this was right. Mrs. Abell felt the Area Plan Commission had not made a thorough investigation of the situation. She indicated that the whole block was residential. She wondered why Mrs. Loughlin could not move into the home and make it her residence and establish her business elsewhere in order to help preserve the neighborhood. Mr. William Dvorak, 1628 Portage Avenue, indicated that the property in question bordered closer to his home than any of the other homes in the area. He stated that, two doors from his home, there was a fire station and on the other side were two apartment houses. He stated that behind his home was an insurance office. He felt the rezoning of 1404 Kinyon Street would not interfere with anything. H stated that the shop would close at a certain time and that there were many other uses that the property could be put to that would be far more detrimental to the neighborhood. He felt the peopl in the immediate vicinity should be concerned about the rezoning; however, he indicated that many of the remonstrators did not live within the same block. He also stated that the area was not strictly residential as had been indicated by Mrs. Abell. Mrs. Reid indicated that apartment houses were allowed in a "B" Residential District which the area was. She felt that the rezoning to commercial was an example of spot zoning. Councilman Serge indicated that he had mixed emotions about the rezoning. He stated that, right across the street, a doctor has purchased property and heavy equipment has been sitting on the property. He felt that Mrs. Loughlin took for granted the decision of the Council upon the recomm dation of the Area Plan Commission before the Council even had held a public hearing. He stated that, because a remonstrance bearing about 300 signatures had been presented, he was not in favor of the rezoning. Councilman Kopczynski felt that the small businessman was being stifled by the government. He felt these services were needed in the community and the expenses were very great. He was of the opinion that a small beauty shop should even be allowed in a "B" Residential Distric He wondered what -the real objection to the rezoning was. He asked if the people within 300 feet had been notified of the request, and Mr. Ambler indicated that all property owners within 300 fee had been notified and there had been no remonstrances filed at the Area Plan Commission hearing. Councilman Kopczynski stated that it appeared that many of the signatures were of residents not even living in the area. Mrs. Reid indicated that she lived within a half block of the property in question. Mr. James Roemer, City Attorney, clarified the point about the property owners withi 300 feet.by indicating that the 300 feet area only applied to the notices. He stated that anyone can remonstrate. Councilman Miller indicated that the Area Plan Commission map did not show the property in question to be commercial. Mr. Ambler indicated to Councilman Miller that the propert COMMITTEE OF THE WHOLE MEETING (CONTINUED) was situated in the commercial -area zone because it was located at the corner. After checking the map, Councilman Miller agreed. Mr. Ambler stated that the request to C -1 zoning was the lightest commercial zoning there was. Councilman Horvath indicated that, if the Council has in the past turned down other similar requests, he did not feel the Council could go along and approve the request. He felt the Area Plan Commission was not consistent with its plan. Mr. Ambler asked about the uses of the other requests Councilman Horvath had referred to. Councilman Horvath indicated that he believed one request was for a real estate office and the other was for a doctor' office, both being within residential areas. Councilman Parent indicated that, at the Area Plan Commission hearing, he had voted favorably on the rezoning because he relied upon the remonstrator in reaching a decision. He stated that, at that time, there had been no remonstrators. He indicated that, in view of the fact that there were remonstrators, he would now have to vote against the rezoning. He felt the neighborhoods should be preserved. Councilman Parent made a motion that the ordinance go to the Council as unfavorable, seconded by Councilman Horvath. A roll call vote was requested. The motion carried by a roll call vote of six ayes (Councilmen Serge, Szymkowiak, Parent, Taylor, Horvath and Newburn) and two nays (Councilmen Miller and Kopczynski) with Council President Nemeth absent. Councilman Taylor then made a motion to recess, seconded by Councilman Parent. The motion carried ll and the Committee of the Whole recessed at 9:03 p.m. Reconvened at 9:17 p.m. Councilman Miller indicated that the City Attorney was to give his quarterly and that he had intended to introduce to the Council and audience his staff. time be allowed before the next public hearing for Mr. Roemer to do so. REPORT FROM THE DIRECTOR OF THE DEPARTMENT OF LAW report to the Council ll He requested that Mr. James Roemer, Director of the Department of Law, stated that he wished to introduce his staff and explain briefly their duties. He introduced Mr. Robert Parker, Chief Deputy City Attorney, and explained that Mr. Parker handled all matters pertaining to real estate, mechanic's liens and annexations. He then introduced Mr. Art Perry who, like Mr. Parker, has been on the City Attorney'; staff for many years. He indicated that Mr. Perry dealt with any bonding issues, some litigation pertaining to that and any matters concerning the Civic Center Authority. Mr. Lou Laderer handled all litigation for the city. Mr. Roemer introduced Mr. William Stanley who represented Model Cities, the Human Relations and Fair Employment Practices Commission and matters under the Barrett Law Department. Next was Mr. Ken Sheetz, the newest member to the staff, who handled the minor violations such as traffic, trash, weeds, dogs and noise problems. He then introduced Mr. Gerald Sakaguchi who represented the Water Works, Wastewater and handled all building code violations. He briefly mentioned the legal intern program, utilizing the services of students at Notre Dame. He stated that one of the three interns, Mr. Greg Long, was present at the meeting. He concluded that besides the above mentioned attorneys, his office was also staffed by three great secretaries. Chairman Newburn indicated that he wanted to give recognition to a few University of Notre Dame students who were present at the meeting. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO. 4990 -68, CHAPTER 40 of THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, FORMERLY REFERRED TO AS ZONING ORDINANCE NO. 3702 (IRELAND ROAD EAST OF AND CONTIGUOUS TO THE MONTGOMERY WARD AND SCOTTSDALE MALL PROPERTY). This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Joseph Roper, 107 Eddy Street, the attorney representing Place & Company, made the presentation for the ordinance. He stated that the propert, was located on Ireland Road east of the tire repair service in the Scottsdale Mall. He stated that Place & Company had sold certain property to Casto Shopping Center who, in turn, had developed the mall. He referred to a slide of the property in question and explained that, when the land was sold to Casto, the property in question, being a one -acre tract, had been reserved. He indicated that the petitioner desired to rezone the property to C -1. He indicated that the property was about 200 feet in depth on Ireland Road and was west of the Scottsdale Addition. He explained that the property would have an office building constructed on it of three stories, with the basement, first floor and part of the second floor being utilized by Tower Federal Savings and Loaz Association. He concluded by indicating that there had been no opposition at the Area Plan Commission meeting. Councilman Kopczynski asked where the auto repair was located that Mr. Roper had referred to because he wondered if auto repair was allowed in a C -2 District. Mr. Roper indicated that he had referred to the Montgomery Ward Automotive Center and apologized by stating that he had not meant to use the words "auto repair ". Councilman Parent made a motion that the ordinance go to the Council as favorable, seconded by Councilman Serge. The motion carried. ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (1989 PRAIRIE AVENUE) . This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Peter F. Nemeth, with offices located in the Tower Building, the attorney representing Mr, and Mrs. Kovacs, made the presentation for the ordinance. He indicated that the request was being made from "A" Residential District to "C" Commercial. He stated that the area was, at one time, determined to be commercial. He explained that Mr. Kovacs had purchased the property and obtained a permit to remodel and reconstruct the former restaurant facilities. Sometime after that, he was told the area was zoned "A" Residential Mr. Nemeth indicated that many persons had appeared at the Area Plan Commission hearing, and he felt all their questions were answered at that time. He referred to a slide of the property in IICOMMITTEE OF THE WHOLE MEETING (CONTINUED) question. He explained that one of the concerns of the people present at the hearing had to do with opening the street in the immediate area, and he indicated that there were absolutely no plan to do that. He also indicated that the Area Plan Commission had recommended the rezoning be allow He concluded that the area had appeared to be commercial and no one seemed to know when it was re- zoned to residential. ICouncilman Taylor made a motion that the ordinance go to the Council as favorable, seconded by Councilman Kopczynski. The motion carried. There being no further business to come before the Committee of the Whole, Councilman Kopczynski made a motion to rise and report to the Council, seconded by Councilman Taylor. The motion carr ATTEST: Q ATTES l � CITY CLERK C AIRMAN 1IREGULAR MEETING - RECONVENED Be it remembered that the regular meeting of the Common Council of the City of South Bend, Indiana, reconvened in the Council Chambers at 9:33 p.m., Council Vice - President Walter M. Szymkowiak pre- siding in the absence of Council President Nemeth, with eight members present. IIREPORT FROM THE COMMITTEE ON MINUTES To the Common Council of the City of South Bend: Your committee in the inspection and supervision of the minutes, would respect- fully report that they have inspected the minutes of the September 24, 1973, regular meeting of the Council and found them correct. They, therefore, recommend that the same be approved. s/ Peter J. Nemeth I lCouncilman Taylor made a motion that the report be accepted as read and placed on file and the minutes be approved, seconded by Councilman Parent. The motion carried. IIREPORT FROM THE COMMITTEE OF THE WHOLE Councilman Taylor made a motion to waive the reading of the report of the Committee of the Whole, seconded by Councilman Kopczynski. The motion carried by a roll call vote of eight ayes (Councilme Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath and Newburn) with Council President Nemeth absent. IIREPORT FROM THE DIRECTOR OF THE DEPARTMENT OF LAW Council Vice - President Szymkowiak indicated that, because of the request of the City Attorney to make his presentation during the Committee of the Whole portion of the meeting, the report had already been dispensed with. IIPETITIONS TO AMEND ZONING ORDINANCE I (We), the undersigned, do hereby respectfully make application and petition the Common Council of the City of South Bend, Indiana, to amend the Zoning Ordinance of the City of South Bend as hereinafter requested, and in support of this application, the following facts are shown: 1. The property sought to be rezoned is located at 1147 Hickory Road, South Bend, Indiana. 2. The property is owned by James and Sue Briggs, husband and wife. 3. A legal description of the property is as follows: Sixty -five (65) feet off the South side of Lot Numbered Six Hundred Thirty -two (632) of McKinley Terrace Addition, Section B, to the City of South Bend, St. Joseph County, Indiana. 4. It is desired and requested that-the foregoing property be rezoned: From "A" Residential Use and "A" Height and Area District To "B" Residential Use and "A" Height and Area District. 5. It is proposed that the property will be put to the following use and the following building(s) will be constructed (include number of dwelling units if residential): Real estate office. No exterior changes will be made to the existing structures nor will any additional building be constructed. 6. Number of off-street parking spaces to be provided: Three (3) plus garage. 7. Attached is a copy of (a) an existing plot plan showing my property and other surrounding properties; (b) names and addresses of all the individuals, firms or corporations owning property within 300 feet of the property sought to be rezoned; (c) site development plan. s/ James Biggs s/ Sue Biggs s/ Richard E. Barger s/ Laura R. Barger 1147 Hickory Road 1323 East South Street South Bend, Indiana South Bend, Indiana REGULAR MEETING - RECONVENED (CONTINUED) Petition Prepared by: James R. Kuehl, Attorney 808 Tower Building South Bend, Indiana 46601 We, the undersigned, do hereby respectfully make application and petition the Common Council of the City of South Bend to amend the Zoning Ordinance of said city as hereinafter requested, and in support of this application, the following facts are shown: 1. The property sought to be rezoned is located at 201 East Ireland Road, South Bend, Indiana, and real estate adjacent thereto, designated as Lot Number 163, Myers and Funks Chippewa Heights Addition to the City of South Bend. 2. The property is owned by Evelyn Pal, Elvis G. McKinney and William C. and Beulah F. Gray. 3. A legal description of the property is as follows: The East Half (1/2) of the North Half (1/2) and Ten (10) feet off of the North side of the East Half (1/2) of the South Half (1/2) of Lot Number 163, Myers and Funks Chippewa Heights Addition to the City of South Bend. The West Half (1/2) of the North Half (1/2) of Lot Number 163 and strip West and adjacent thereto, all in Myers and Funks Chippewa Heights Addition to the City of South Bend. The South Half (1/2) of Lot Number 163 as shown on Myers and Funks Third Plat of Chippewa Heights Addition to the City of South Bend, also a vacated alley running North and South 12 feet in width adja- cent to and along the West side of Lot Number 163 as recorded in Plat book 10, Page 176 in the office of the Recorder of St. Joseph County, Indiana, excepting a strip of land 10 feet wide North and South taken off of the entire North end of the East Half (1/2) of the South Half (1/2) of Lot Number 163. 4. It is desired and requested that the foregoing property be rezoned: From Residential Use and "A" Height and Area District To "C" Commercial Use and "A" Height and Area District. 5. It is proposed that the property will be put to the following use and the following building(s) will be constructed (include number of dwelling units if residential): A one - building restaurant with no dwelling units. 6. Number of off - street parking spaces to be provided: Approximately Eighty (80) parking spaces. 7. Attached is a copy of (a) an existing plot plan showing my property and other surrounding properties; (b) names and addresses of all the individuals, firms or corporations owning property within 300 feet of the property sought to be rezoned; (c) site development plan. GOLDEN BEAR FAMILY RESTAURANTS, INC. By s/ Harold T. Miller Attorney * * * * * * * * * * s/ Evelyn Pal 202 East Norman Street South Bend, Indiana s/ Elvis G. McKinney 221 East Altgeld Street South Bend, Indiana s/ William C. Gray s /Beulah F. Gray 201 East Ireland Road South Bend, Indiana The undersigned, do hereby respectfully make application and petition the Common Council of the City of South Bend, Indiana, to amend the Zoning Ordinance of No. 5372 -71, Chapter 21, as hereinafter requested, and in support of this application, the following facts are shown: 1. The property sought.to be rezoned is located at a parcel bordered by Washington Street, Grant Street and Merry Avenue. 2. The property is owned by South Bend Redevelopment, et al. 3. A legal description of the property is as follows: Lot Numbered 1 through 42 of Arnold's lst Addition, more particularly described as follows: Beginning at a point formed by the intersection of the West right - of -way line of Grant Street and the South right -of -way line of REGULAR MEETING OCTOBER 8, 1973 IIREGULAR MEETING - RECONVENED (CONTINUED) Washington Street; thence West along the South right -of -way line of Washington Street to a point of intersection of the South right -of -way line of Washington Street and the East right -of -way line of Olive Street; thence South along the East right -of -way line of Olive Street to a point of inter- section of the Southwest right -of -way line of Merry Avenue extended; thence Southeast along the Southwest right -of -way line of Merry Avenue; thence East along the South right -of -way line of Merry Avenue to a point of intersection of the South right -of -way line of Merry Avenue and the West right -of -way line of Grant Street; thence North along the West right -of -way line of Grant Street to the place of beginning. 4. It is desired and requested that the foregoing property be rezoned: From "E" Heavy Industrial Use and no change in Height and Area District To "D" Light Industrial Use and no change in Height and Area District. 5. It is proposed that the property will be put to the following use and the following building(s) will be constructed (include number of dwelling units if residential): See Resolution No. 315 -72. 6. Number of off - street parking spaces to be provided: Not applicable. 7. Attached is a copy of (a) an existing plot plan showing my property and other surrounding properties; (b) names and addresses of all the individuals, firms or corporations owning property within 300 feet of the property sought to be rezoned; (c) site development plan. s/ Charles F. Lennon, Jr. Department of Redevelopment Petition Prepared by: Gerald Sakaguchi lCouncil Vice President Szymkowiak indicated that action on the petitions would be deferred until the first reading of the ordinances. 1IORDINANCES, SECOND READING 1IORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 21 OF THE CODE OF SOUTH BEND, INDIANA, 1971 (744 WEST WASHINGTON STREET). This ordinance had second reading. Councilman Parent made a motion that the ordinance be stricken due to the fact that Atlantic Richfield Company, the petitioner in the rezoning, had stated that attempts to rezone the property had been unsuccessful and that the option to purchase the property had been terminated, seconded by Councilman Miller. The motion carried. 11ORDINANCE NO. 5586 -73 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 (SOUTHEAST END OF THE BROADMOOR SHOPPING CENTER, CORNER OF MIAMI STREET AND IRELAND ROAD) . This ordinance had second reading. Councilman Taylor made a motion that the ordinance pass, seconded by Councilman Kopczynski. The ordinance passed by a roll call vote of eight ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath and Newburn) with Council President Nemeth absent. 1I ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO. 4990 -68, CHAPTER 40 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, FORMERLY REFERRED TO AS ZONING ORDINANCE NO. 3702, AS AMENDED (1404 KINYON STREET) . This ordinance had second reading. Councilman Parent made a motion that the ordinance not pass, seconded by Councilman Horvath. The ordinance was defeated by a roll call vote of seven ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Horvath and Newburn) and one nay (Council Kopczynski) with Council President Nemeth absent. IIORDINANCE NO. 5587 -73 AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO. 4990 -68, CHAPTER 40 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, FORMERLY REFERRED TO AS ZONING ORDINANCE NO. 3702 (IRELAND ROAD EAST OF AND CONTIGUOUS TO THE MONTGOMERY WARD AND SCOTTSDALE MALL PROPERTY). This ordinance had second reading. Councilman Taylor made a motion that the ordinance pass, seconded by Councilman Serge. The ordinance passed by a roll call vote of eight ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath and Newburn) with Council President Nemeth absent. 5 REGULAR REGULAR MEETING - RECONVENED (CONTINUED) ORDINANCE NO. 5588 -73 AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (1989 PRAIRIE AVENUE) . This ordinance had second reading. Councilman Serge made a motion that the ordinance pass, seconded by Councilman Newburn. The ordinance passed by a roll call vote of eight ayes (Councilme3 Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath and Newburn) with Council President Nemeth absent. ORDINANCE NO. 5589 -73 AN ORDINANCE FOR THE TRANSFER OF FUNDS WITHIN THE POLICE DEPARTMENT BUDGET IN THE AMOUNT OF $3,000.00 FROM ACCOUNT P -12, "SERVICES PERSONAL ", TO ACCOUNT P -262, "MEDICAL, SURGICAL AND DENTAL ", BOTH ACCOUNTS BEING WITHIN THE POLICE DEPARTMENT BUDGET OF THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. This ordinance had second reading. Councilman Horvath made a motion that the ordinance pass, seconded by Councilman Serge. The ordinance passed by a roll call vote of eight ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath and Newburn) with Council President Nemeth absent. ORDINANCE NO. 5590 -73 AN ORDINANCE FOR THE TRANSFER OF FUNDS WITHIN THE BUREAU OF WEIGHTS AND MEASURES BUDGET IN THE AMOUNT OF $75.00 TO ACCOUNT #215, "TRANSPORTATION ALLOWANCE ", AND $25.00 TO ACCOUNT #370, "OTHER SUPPLIES ", AND $100.00 FROM ACCOUNT #252, "REPAIRS OF EQUIPMENT ", ALL ACCOUNTS BEING WITHIN THE BUREAU OF WEIGHTS AND MEASURES BUDGET OF THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA. This ordinance had second reading. Councilman Horvath made a motion that the ordinance pass, seconded by Councilman Newburn. The ordinance passed by a roll call vote of eight ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath and Newburn) with Council President Nemeth absent. ORDINANCE NO. 5591 -73 AN ORDINANCE TO AMEND SECTION 15 -16 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED. This ordinance had second reading. Councilman Miller made a motion to amend the ordinance by striking the words "and at a minimum rate of fare of One Dollar ($1.00) when not handled by the driver" in Section 2, paragraph (4), seconded by Councilman Kopczynski. The motion carried. Councilman Miller then made a motion that the ordinance pass, as amended, seconded by Councilman Kopczynski. The ordinance passed by a roll call vote of eight ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath and Newburn) with Council President Nemeth absent. ORDINANCES, FIRST READING ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO. 4990 -68, CHAPTER 40 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, FORMERLY REFERRED TO AS ZONING ORDINANCE NO. 3702, AS AMENDED (1147 HICKORY ROAD) . This ordinance had first reading. Councilman Newburn made a motion to refer the ordinance, along with the petition, to the Area Plan Commission, seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO. 4990 -68, CHAPTER 40 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, FORMERLY REFERRED TO AS ZONING ORDINANCE NO. 3702, AS AMENDED (201 EAST IRELAND ROAD). This ordinance had first reading. Councilman Parent made a motion to refer the ordinance, along with the petition, to the Area Plan Commission, seconded by Councilman Taylor. The motion carried ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 5372 -71, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, CHAPTER 21 OF THE CITY CODE OF THE CITY OF SOUTH BEND, INDIANA, 1971 (MERRY AVENUE PROJECT). This ordinance had first reading. Councilman Parent made a motion to refer the ordinance, along with the petition, to the Area Plan Commission, seconded by Councilman Taylor. The motion carried ORDINANCE AN ORDINANCE REQUIRING CITY DEPARTMENTS TO SUBMIT BUDGETS TO COMMON COUNCIL. This ordinance had first reading. Councilman Miller made a motion that the ordinance be set for public hearing and second reading on October 22, 1973, seconded by Councilman Kopczynski. The motion carried. `'y .REGULAR MEETING - RECONVENED (CONTINUED) IIORDINANCF This ordinance public hearing motion carried. IIORDINANCE This ordinance public hearing motion carried. AN ORDINANCE AMENDING CHAPTER 13 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1971, BY THE ADDITION OF ARTICLE 6 TO PROHIBIT THE BURNING OF LEAVES WITHIN THE CITY. had first reading. Councilman Taylor made a motion that the ordinance be set for and second reading on October 22, 1973, seconded by Councilman Kopczynski. The AN ORDINANCE TO REPEAL ORDINANCE NO. 5053 -69 REGULATING THE PRESENCE OF MINORS UNDER THE FULL AGE OF EIGHTEEN YEARS ON PUBLIC STREETS AND OTHER PUBLIC PLACES BETWEEN CERTAIN HOURS, AND TO RE- AFFIRM STATE STATUTE 9 -3204 PER- TAINING TO CURFEW ENFORCEMENT FOR JUVENILES. had first reading. Councilman Parent made a motion that the ordinance be set for and second reading on October 22, 1973, seconded by Councilman Kopczynski. The IIPRIVILEGE OF THE FLOOR Mr. Larry Ambler, 215 West Marion Street, the attorney representing the petitioner in the rezoning of 1404 Kinyon Street, indicated that he had examined the remonstrance filed with the City Clerk b Mrs. Abell and he hoped that the record would show that the remonstrance contained only 96 signa- tures and not 300 signatures. Councilman Miller so moved, seconded by Councilman Newburn. The motion carried. Mr. Ed Slake, 1216 North Huey Street, indicated that he wished to speak concerning the proposed ordinance on leaf burning. He stated that he owned his own property and paid taxes. He stated th he was opposed to not burning leaves and wondered what was wrong with it. He stated that burning leaves destroys small insects and mosquitos which are a nuisance. He indicated that bagging leave is expensive, and he wondered what the people living on social security would do. He felt that th lpeople advocating the ban on leaf burning probably were the same people that smoked one to two pac of cigarettes a day. There being no further business to made a motion to adjourn, seconded adjourned at 9:55 p.m. IIATTEST: CITY CLERK come before the Council, unfinished or new, Councilman Taylor by Councilman Parent. The motion carried, and the meeting II++ 1-+++++++++++++++++++++++++++++++++++++++++++++#+.# k;- Fz* k+++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++