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HomeMy WebLinkAbout11-26-73 Council Meeting Minutes+++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++++++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++ REGULAR MEETING I NOVEMBER 26, 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, November 26, 1973, at 7:11 p.m., Council President Peter J. Nemeth presiding. 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, Newburn and Nemeth. ABSENT: None. Councilman Taylor made a motion that the Council resolve into the Committee of the Whole, seconded by Councilman Kopczynski. The motion carried. 1.84 REGULAR MEETING NOVEMBER 26, 1973 IICOMMITTEE OF THE WHOLE MEETING Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on Monday, November 26, 1973, at 7:12 p.m., with nine members. Chairman Odell Newburn pre- sided. II ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA (SOUTHWEST CORNER OF IRONWOOD DRIVE AND RIDGEDALE 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. Joseph Helling, 224 West Jefferson Boulevard the attorney representing Ridgedale Nursing Home, made the presentation for the ordinance. He explained that the property was currently zoned for "B" Residential and "A" Height and Area Distri and would remain so. He indicated that the City of South Bend had a unique site plan ordinance which provides that, when there is a change or alteration in the site plan, the change or altera- tion should be resubmitted under Subsection 5 of Section 23 of the South Bend ordinance. He referred to a slide of the property and explained how the site plan would be altered. On the original site plan, a split cedar fence ran from the south of the lot up to the Andrew Place property. This has been eliminated and shrubs and trees will be utilized. The second revision is a wing which extends out from the front portion of the building. The.final revision is to get an actual identification of distance and measurements on the site plan. He stated that, in 1967, the area was zoned "B" Residential and the nursing home was a permitted use within that area. He stat that more parking than required in the code would be available and all of the requirements of Section 23A would be complied with. He stated that screening is in existence; however, it was not required in the code as there was the necessary setback. He referred to pictures of the trees which screen the nursing home. He indicated that the ordinance permits 40% utilization of the lan for the building, and the building would only utilize 20% of the land. He talked about the necessity of the expansion of the Ridgedale Nursing Home. Mrs. Barbara Julow, 1914 Briar Way, expressed concern about the additional parking and where it would be located. She asked if there would be another driveway going into the property. Mr. Helling indicated that there would not be another driveway constructed. Mrs. Julow stated that, at one time, the loading dock was to be serviced in the back of the nursing home according to the site plan. She stated that now it appeared the dock was to be located on the west end. She asked if additional screening would be provided if that was to be the case. She mentioned that she had no objection to the nursing home. In fact, she had signed the petition to permit the home; how- ever, she expressed concern about the loading dock being visible to some of the homes on the west side. Mr. Helling stated that it would not be possible for additional screening, and he referred to the slide of the property and explained that screening could not be added because of the drive approach to the dock. Chairman Newburn asked if there had been a deviation from the original site plan in the placing of the loading dock. Mr. Douglas Carpenter, Planner for the Area Plan Commission, stated that, according to the original site plan, there had been a deviation. He indicated that the original site plan showed the dock to be in a different location. He mentioned that this was, discovered at the hearing held by the Area Plan Commission. Mrs. Julow again stated that she was in favor of the home but she wanted to have a nice planting of trees in order to make the dock not quite so visible to the residential area. Mrs. Paul Peterson, 1949 Piedmont Way, als stated that she was in favor of the nursing home and had signed the petition for construction of the facility. She stated that she was also In favor of some kind of fence around the premises. Councilman Taylor stated that, on the original site plan, the builders had proposed that a fence be built. Mr. Helling indicated that there had been some changes in ownership of residents since 1960. At that time, it was requested that a fence not be constructed. He indicated that the views of different people were taken up by the Area Plan Commission, and he cited a 1928 Supreme Court case in which the court held that a referendum among neighbors as far as usages of property was unconstitutional. Councilman Taylor again indicated that the builders themselves had stated that a fence would be constructed. He wondered about this. Mr. Helling stated that, apparently the neighbors at that time did not want the fence. Councilman Taylor indicated that Mrs. Julow and Mrs. Peterson were in favor of the nursing home and had lived in the area in 1960 when the construction had started. He indicated that they desired a fence. He stated that, at some time, certain residents of the home have wandered off the property onto other properties. He felt that, from the standpoint of personal safety, it would be logical to further insure that the people woulc be protected from wandering into traffic, etc. Mr. Helling wondered if the residents of the home should be fenced in. Councilman Taylor stated that.he was not talking about some sort of a prison wall. He referred to the slide and explained his thoughts. He indicated that, after the other councilmen had had an opportunity to speak, he would like to make a motion that the matter be tabled and referred to a committee for further study. Council President Nemeth wondered if the petition could be amended. Mr. Helling indicated that the Council may impose general standards. He stated that he would question the amendment because the standards were not spelled out in the ordinance. Council President Nemeth indicated that the Council had the right to amend the ordinanc if it desired. Mr. Helling then stated that he agreed; however, he felt it must be uniformly done He stated.that certain restrictions imposed on some persons and not others could not be allowed. Council President Nemeth indicated that there are always certain restrictions in different areas as far as zoning. Mr. Helling indicated that the restrictions to the building must be in com- pliance with the code. He felt the authority to zone was also the authority to exercise uniform regulations and control. Council President Nemeth asked if there was an objection on the part of the petitioner to the construction of a fence. Mr. Helling indicated that the necessary materials were purchased in 1967. He could not answer that question on behalf of his client. He stated that the plan had been submitted without the fencing. Councilman Parent indicated that the fence was ii the original site plan and was not constructed because the neighbors, at that time, apparently did not want it. He felt the law should be followed in putting up the fence because it was indicated on the site plan. He also pointed out that Mr. Helling had indicated that it was unconstitutional according to the Supreme Court, to make a law because of the wants of neighbors. He felt this was the very thing being done. Mr. Helling indicated that the site plan as proposed and submitted has eliminated the fence. Chairman Newburn wondered who had given the petitioner the right to deviate from the original site plan. Council President Nemeth suggested that Mr. Carpenter should meet with Mr. Helling for a short time and come up with a solution to the problem. Councilman Taylor asked about the loading dock. Mr. Helling pointed out that there would be a further delay if action was not taken by the Council and it would be very expensive for the nursing home. Council REGULAR MEETING NOVEMBER 26, 1973_ COMMITTEE OF THE WHOLE MEETING (CONTINUED) President Nemeth stated that, if amended, the matter would have to be referred back to the Area Plan Commission anyway because of certain statutory requirements. Councilman Miller desired to have the City Attorney clear up the matter of the site plan at some future date. He asked if it was mandatory, enforceable and amendable. Mr. James Roemer, City Attorney, stated that he would research the matter and provide that information to the Council. Chairman Newburn indicated that it appeared deviation from the original site plan had also occurred in a few other instances. He expressed concern about this and wondered why this was happening. Councilman Taylor asked Mr. Helling if Ridgedale Nursing Home would be agreeable to restoring the fence and adding screening around the dock area. Mr. Helling indicated that shrubs could not be put in around the dock because of the drive approach. Mrs. Julow felt shrubs could be planted starting at the oval driveway west along the parking lot to the south. Councilman Taylor made a motion that the matter be referred to a committee for further study, seconded by Councilman Kopczynski. Motion later withdrawn. Councilman Miller indicated that in order to expedite the matter, it should also be referred to Area Plan at the same time. Council President Nemeth suggested that the Council make an amendment and then refer back to the Area Plan Commission. Councilman Parent agreed with the Council President. Mr. Carpenter asked if the Council intended to amend the site plan, indicating that, if so, it would have to be done on the original site plan. Council President Nemeth could see no problem with that. Councilman Miller asked about the economic development bonds Ridgedale Nursing Home was applying for. Mr. Helling stated that the bond issue may be lost if there was a further delay. He stated that all that remained to be done was action on the site plan because all matters pertaining to the bonds have been approved by the Development Commission. Councilman Taylor stated that, if there was a delay, it was the fault of the petitioner and not the Council. Councilman Serge indicated that, if he was involved in the nursing home and its investment, he would not argue or question spending another $1,000 if it would benefit the general public. Council President Nemeth suggested that the Committee of the Whole make no recommendation regardinc_ the matter and pass over it in order to allow Mr. Carpenter to discuss the situation with Mr. Helling. He felt that, once the matter was resolved, action could be taken in the Council portion of the meeting. Councilman Taylor withdrew his previous motion and Councilman Kopczynski withdrew his second to that motion. Councilman Miller then made a motion that the Committee of the Whole make no recom- mendation to the Council, seconded by Councilman Parent. The motion carried. ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 40, MUNICIPAL CODE) - 1104 NOTRE DAME 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. Jack Dunfee, Jr., 645 First Bank Building, the attorney representing the petitioner, made the presentation for the ordinance. He explained that the request for zoning was from an "A" Residential District and "A" Height and Area to "B" Residential and "B" Height and Area. He indicated that the Area Plan Commission had held a public hearing, at which time, they had recommended the petition unfavorably to the Council. The Area Plan Commission had also stated that, with regards to the proposed use, they were not expressing any objection to it. The property owners have spoken against the rezoning and the funds for the drug abuse center have been approved by the Council. Mr. Dunfee explained that there was another avenue open to the petitioner and that was to refer the matter to the Zoning Board of Appeals for its decision. He indicated that the board would be meeting November 29 and the next meeting would normally be scheduled on December 27. He stated that, in the past, these meeting dates have been subject to change. He guessed that the meeting in December would probably be the 20th; however, he was not certain of that date. He concluded by indicating that he desired to withdraw the matter and terminate the proceedings. Council President Nemeth made a motion that a recommendation go to the Council to strike the ordinance, seconded by Councilman Parent. The motion carried. Mr. Thomas Roemer, 506 Tower Building, questioned the disposition of the matter. Council President Nemeth indicated that the Council no longer would be taking any action on the ordinance because the matter would be taken before the Zoning Board of Appeals. He felt that, if Mr. Roemer had a remonstrance to file on the matter, it should be filed with the Zoning Board. Mr. James Roemer, City Attorney, indicated that the Zoning Board of Appeals meets on a monthly basis and Mr. Gerald Sakaguchi was the attorney for the board. He felt that Mr. Sakaguchi could inform Mr. Roemer of the date of the meeting. He stated that the meeting would be held in the Board of Public Works meeting room. ORDINANCE AN ORDINANCE AMENDING CHAPTER 13, OFFENSES, OF THE MUNICIPAL CODE 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. Kenneth Sheetz, Deputy City Attorney, made the presentation for the ordinance. He stated that the ordinance as presently reads is in com- pliance with the state statutes as far as decibel readings and that the Legal Department was of the opinion that an amendment to the ordinance would not affect the statutes. He stated that the proposed ordinance would be an enforcement measure and would enable the Police Department to issue a ticket in the case where a person is causing excessive noise in the operation of a motor vehicle or cycle. The ordinance was drafted at the request of the Police Chief. Mr. Sheetz stated that the statutes are vague about the decibel readings, and according to his opinion, a decibel reading would not be necessary in this case. He indicated that the installation of a decibel reader in the city's squad cars would be very impractical. He felt that the decibel reading referred to noises caused by trucks with faulty smoke stacks, etc. Also, it would be impossible to conduct a decibel reading on the squealing of the tires of a car. He indicated that the decibel standards would be applied to unnecessary noises, such as the grinding, rattling, grating, etc. in automobiles. Mrs. Janet Allen, 125 West Marion Street, expressed support of the ordinance. She stated that the ordinance should also apply to new cars and not just the older cars in need of repair. Mr. David Wells, 5104 Bloomfield, realized the matter was a problem; however, he stated that squealing tires might avoid hitting a child or pedestrian at some time. Council President Nemeth stated that he felt that would be a good defense, if it should occur. Councilman Kopczynski felt it was not REGULAR MEETING NOVEMBER 26, 1973 (I COMMITTEE OF THE WHOLE MEETING (CONTINUED) proper to leave the judgment to the police officers in these cases. He felt the ordinance should read that the cars should be equipped only according to the sound system of original design. Mr. Sheetz indicated that, if the equipment does not meet the standards set for the general use of an automobile, then that automobile would be in violation. He felt that the police officer must be given that discretion. IlCouncilman Parent made a motion that the ordinance should go to the Council as favorable, seconded d by Councilman Horvath. The motion carried. II nRDTNANCF AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, FOR THE REGULATION OF CITY -OWNED VEHICLES. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Councilman Kopczynski, Chairman of the Council Committee on Motor Vehicles, made the presentation for the ordinance. He proceeded to explain the various sections of the proposed ordinance. He stated that an annual report was required to be filed with the City Clerk on or before the lst day of April of each year, with the report to con- tain the following information: Name of department or bureau to which vehicle is assigned, name and title of person using the vehicle, make and year of vehicle, description of vehicle, mileage as of January 1 of the year of the report, license number and city number and an explanation of th use and need for all city vehicles. He further indicated that all vehicles to be purchased must b included in the budgets in a line item for the particular department or bureau using the vehicle, and the vehicles must be inscribed with the name of the department and an identifying number. He indicated that the Mayor's vehicle and police vehicles designated by the Police Chief would not be required to have the inscription on the automobile. He concluded by indicating a favorable recom- mendation from the Committee of the Whole. Mr. Maurice Cohen, 725 East Eckman Street, congratulated the Council for proposing the ordinance. He wondered about certain cars being utilized by certain employees, and he cited an instance where city -owned cars had been used for personal and private use. Mr. Rollin Farrand, Director of the Department of Public Works, stated that the Bureau of Traffic and Lighting frequently made traffic counts and speed checks. He felt this could not be adequately done from a marked car. He expressed the hope that the people at the Municipal Services Facility would have a greater control over the vehicles and-maintenance. Councilman Kopczynski referred to the committee report made on November 2 and the recommendations set forth. He explained that some of the points covered in the report had not been incorporated in the ordinance because they were only recommendations from the committee. Mr. Farrand indicated that he felt there would be some benefit in assigning the pur- chase of the vehicles to the Municipal Services Facility. Council President Nemeth referred to paragraph (b) of the ordinance and stated that the-Council only wished to know who was being given use of the cars. He asked how many unmarked cars would be needed for the traffic counts, and Mr. Farrand suggested that four cars be unmarked. Councilman Kopczynski asked how frequently the traffic counts were taken, and Mr. Farrand answered that the counts were taken quite often. Counc President Nemeth wondered why there should be unmarked cars used just for traffic counts, and Mr. Farrand stated that the cars would also be used for speed checks. He felt that, if people saw the marked cars, speeds would be reduced and the bureau would not be able to obtain a realistic speed determination. Mrs. Janet Allen, 125 West Marion Street, felt that the traffic counts and speed checks could be made from the marked cars. She stated that, if an exception was made, there would be further exceptions made. Mr. Cohen stated that he thought the radar cars from the Police Department were responsible for speed checks. He agreed with Mrs. Allen that there should be no exceptions made. Councilman Serge was of the opinion that the marked cars would slow down the drivers and the bureau would not obtain accurate counts and checks. Councilman Miller questioned the legality of the ordinance. Mr. James Roemer, City Attorney, felt that most of the provisions were enforceable. He questioned a provision relating to the establishment of a policy concerning the vehicles being taken home at night by the employees, and Councilman Kopczynski stated that that provision was only a recommendation of the committee which was covered in the report. He stated that it was not a requirement under the ordinance. Council President Nemeth made a motion to amend the ordinance by changing the first line of paragraph (d) on page 2 to read: "The first sentence of paragraph (c) of this ... ". Councilman Miller seconded the motion. The motion carried. Councilman Kopczynski then made a motion that ordinance, as amended, go to the Council as favorable, seconded by Councilman Serge. The motion carried. lCouncilman Parent made a motion to recess, seconded by Councilman Kopczynski. The motion carried and the Committee of the Whole recessed at 8:45 p.m. Reconvened at 9:12 p.m. II nRDTNANCF AN ORDINANCE APPROPRIATING THE SUM OF $3,798.02 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Rollin Farrand, Director of the Department of Public Works, made the presentation for the ordinance. He stated that the appropriation repre- sents the final payment for sewers on Beale Street. He explained that the sewers were constructed in accordance with the Barrett Law and the resolution adopted by the Board of Public Works. The total cost was $17,275.63 with the city being assessed in the amount of $7,322.04 of which $3,524.02 was paid on April 23, 1971. I lCouncilman Parent made a motion that the ordinance go to the Council as favorable, seconded by Councilman Horvath. The motion carried. II nRDMANCE AN ORDINANCE APPROPRIATING MONEYS FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE BUREAU OF SANITATION OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1974, AND ENDING DECEMBER 31, 1974, INCLUDING ALL OUTSTANDING CLAIMS AND REGULAR MEETING NOVEMBER 26 1973 COMMITTEE OF THE WHOLE MEETING (CONTINUED) ORDINANCE (CONTINUED) OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Michael Vance, Fiscal Officer for the Bureau of Sanitation, made the presentation for the ordinance. He stated that the Bureau of Sanitation was, in effect, the Bureau of Sewer Maintenance. This year, the bureau cleaned 200,000 feet of sewer which is normally accomplished every six years. The repairs for sewers totaled 600 lineal feet. Mr. Vance stated that the budget as presented was basically the same as last year's budget with the addition of anticipated rising costs. Council President Nemeth thanked Mr. Vance for his presentation. He asked about the request for five vehicles within the bureau. Mr. Vance stated that the vehicles were usually traded every five years or 50,000 miles, if possible. There was a determination made as to the usage during the five years. He stated that, out of the proposed five vehicles to be purchased, only one vehic: was an automobile with the other four being trucks. Councilman Kopczynski asked how many cars would be used in the bureau, and Mr. Vance stated that there were six cars at the Wastewater Plant. Councilman Kopczynski asked how many miles were registered on the Falcon, and Mr. Vance indicated the mileage was about 46,000. He further indicated that the car was in need of much repair. Councilman Kopczynski asked if heavy loads were carried in the automobile, and Mr. Vance stated that, on occasion, certain heavy items were carried; however, the items transported did not warrant a truck. Councilman Kopczynski suggested that perhaps a work vehicle was needed rather than an automobile. Councilman Parent made a motion that the ordinance go to the Council as favorable, seconded by Councilman Szymkowiak. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING MONEYS FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE BUREAU OF SOLID WASTE OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1 1974, AND ENDING DECEMBER 31, 1974, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Michael Vance, Fiscal Officer for the Bureau of Solid Waste, made the presentation for the ordinance. He explained that the Bureau of Solid Waste is responsible for picking up the trash under the city's trash program. He stated that this would be the first full year of operation on its own revenues because part of the funds last year were obtained through revenue sharing. He expressed hope that the budget would be workable and carry the department through the complete year. Councilman Parent commended Mr. Vance and indicated that this budget and the budget for the Bureau of Sanitation were very well done. Councilman Parent made a motion that the ordinance go to the Council as favorable, seconded by Councilman Horvath. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING MONEYS FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE WASTE WATER TREATMENT PLANT OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1974, AND ENDING DECEMBER 31, 1974, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Michael Vance, Fiscal Officer for the Waste Water Treatment Plant, made the presentation for the ordinance. He stated that the budget was similar to last year's budget, with the budget being funded through the sewer charges on the water bills. Mr. Gene Evans, a member of the staff of the Civic Planning Association, asked if additional personnel were needed to the staff. Mr. Vance stated that additional personnel were proposed because of the plant expansion. He explained that this item had to be budgeted in case of addi- tional hiring. He stated that perhaps the personnel would not be needed and in that case not hired. Councilman Szymkowiak asked if it would be possible to make a cut in the Education and Travel Account. Mr. Vance stated that a large part of that account was used for observing the operation of the city's plant in other areas. He felt this was necessary for the proper maintenan( and operation of the equipment. Councilman Szymkowiak asked when the plant would be completed, an( Mr. Vance indicated that part of the plant would go into operation on January 1 with other process( not being completed until June. Councilman Szymkowiak asked if it would be possible for the personnel to learn about the machinery from the firm installing the equipment. Mr. Vance indicate( that the process was very complicated and the firm was not responsible for instructing the personnel. Councilman Szymkowiak asked about a school being conducted for training the personnel. Mr. Vance was asked to explain the breakdown of the budget items in the Education and Travel Account. He referred to the budget line explanation sheet that had been presented to the Council. Council President Nemeth asked about the position of Safety Officer. Mr. Vance indicated that the plant Safety Officer was Mr. Lehman Haynes. Council President Nemeth stated that the city's Safety Officer was Mr. Paul Gervas. He wondered about the necessity of both positions, and Mr. Vance explained that Mr. Haynes was the plant Safety Officer and did not receive any additional spay for his duties in that capacity. Councilman Miller asked why there was a position of Bureau Superintendent and a position of Superintendent IV. Mr. Vance explained that these positions were Class 4 certified operators in the State of Indiana. He stated that the Bureau Superintendent should really be Bureau Manager. Councilman Miller asked about the new positions created, and Mr. Vance stated that the Janitor position and position of Yardmen were necessary because of the expansion of the plant. Councilman Miller asked if the positions were already filled, and Mr. 489 REGULAR MEETING NOVEMBER 26, 1973 ICOMMITTEE OF THE WHOLE MEETING (CONTINUED) the money was requested from the Salary Account because that money had not been expended in order to make available the purchase of the pumper, tanker and rescue truck. Mr. Evans wondered about the method of acquiring new capital equipment. He then asked about the purchase of the motor equipment for the Police Department. Mr. Robert Urban, Police Chief, explained that the three - wheel cycles were in need of replacement and Harley Davidson had discontinued manufacturing them. He stated that three jeep -style vehicles were proposed to be purchased from A.M. General at $7,200 and there was a need to replace one demolished vehicle at $3,500. Councilman Kopczynski asked about the tanker being purchased for the Fire Department. He also questioned the Police Chief on the special vehicles for chalking cars in violation of the parking zones. He did not feel that the particular vehicle was suited for that purpose. He suggested that the officers walk the beats rather than utilizing the special vehicles. Police Chief Urban felt that departmental responsibil would be changed if the officers were taken off their patrols and put on the traffic end of the matter. Councilman Kopczynski cited examples of robberies and felt that the presence of an office even chalking cars in violation of the parking meters, might curtail some of the robberies. Councilman Horvath supported the purchase of the vehicles. He wondered if the vehicles were feasible, and Chief Urban stated that the vehicles would give 12 -month coverage and be utilized all year round. Councilman Miller asked about the vehicles being used all the time. Chief Urban state that the vehicles were used as much as possible. He indicated that the present vehicles could not be used in snow and rain. Councilman Miller stated that this item had not been discussed thorough] and he recommended that perhaps one or two of the vehicles should be deleted. Council President Nemeth wondered if other surrounding cities had been contacted to determine how they were handling the problem. Chief Urban indicated that he had not done that. Councilman Szymkowiak asked about the number of vehicles being used at the same time for chalking, and Chief Urban indicated that foi vehicles would be operating 14 hours a day. He stated that a request to purchase or update motor- cycles within the department had not been proposed for four years. There was further discussion and comments from the councilmen regarding the purchase of the cycles. Councilman Parent made a motion that the ordinance go to the Council as favorable, seconded by Councilman Taylor. The motion carried. Council President Nemeth made a motion to rise and report to the Council and recess, seconded by Councilman Taylor. The motion carried and the Committee of the Whole recessed at 10:45 p.m. ATTEST: CITY CLERK REGULAR MEETING - RECONVENED ATTES;T�*,� - k Be it remembered that the regular meeting of the Common Council of the City of South Bend, Indiana, reconvened in the Council Chambers at 11:15 p.m., Council President Peter J. Nemeth presiding and nine members present. REPORT FROM THE COMMITTEE ON MINUTES To the Common Council of the City of South Bend: Your committee on the inspection and supervision of the minutes, would respect- fully report that they have inspected the minutes of the November 13, 1973, regular meeting of the Council and found them correct. They, therefore, recommend that the same be approved. s/ Peter J. Nemeth Councilman Taylor made a motion that the report be accepted as read and placed on file and the minutes be approved, seconded by Councilman Newburn. The motion carried. REPORT FROM THE COMMITTEE OF THE WHOLE Councilman Horvath made a motion to waive the reading of the report of the Committee of the Whole, seconded by Councilman Taylor. The motion carried by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). REPORTS FROM AREA PLAN COMMISSION The Honorable Common Council City of South Bend County -City Building South Bend, Indiana November 21, 1973 In Re: A proposed ordinance and site development plan of James and Sue Biggs and Richard and Laura Barger to zone from "A" Residential, "A" Height and Area, to "B" Residential, "A" Height and Area, property located at 1147 Hickory Road, City of South Bend Gentlemen: The attached rezoning petition of James and Sue Biggs and Richard and Laura Barger was legally advertised November 10, 1973, and November 17, 1973. The Area Plan Commission gave it a public hearing November 20, 1973, at which time the following action was taken: "Upon a motion made by Robert Lehman, seconded by Joseph Simeri and carried with Roger Parent abstaining, the petition of James and Sue Biggs and Richard and Laura Barger to zone from "A" Residential, "A" Height and Area, to "B" Residential, "A" Height and Area, property located at 1147 Hickory Road, REGULAR MEETING NOVEMBER 26 1973 IREGULAR MEETING - RECONVENED (CONTINUED) City of South Bend, is returned to the Common Council with a favorable recommendation subject to a final site plan, by the Area Plan Commission." The above recommendation is made subject to a final site plan and the preliminary site plan is attached hereto. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of that public hearing and will be forwarded to you at a later date to be made a part of this report. RSJ /ch cc: James and Sue Biggs Richard and Laura Barger James R. Kuehl The Honorable Common Council City of South Bend County -City Building South Bend, Indiana Very truly yours, S/ Richard S. Johnson Executive Director November 21, 1973 In Re: A proposed ordinance and site development plan of Golden Bear Family Restaurants, Inc., et al, to zone from "A" Residential, "A" Height and Area, to "C" Commercial, "A" Height and Area, property located at 201 E. Ireland Road, and Lot #163, Myers and Funks Chippewa Heights Addition, City of South Bend Gentlemen: The attached rezoning petition of Golden Bear Family Restaurants, Inc., et al, was legally advertised November 10, 1973, and November 17, 1973. The Area Plan Commission gave it a public hearing November 20, 1973, at which time the following action was taken: "Upon a motion made by Kenneth Woods, seconded by Dwight Miller and carried with Joseph Bajdek abstaining, the petition of Golden Bear Family Restaurants, Inc., et al, to zone from "A" Residential, "A" Height and Area, to "C" Commercial, "A" Height and Area, is returned to the Common Council with a favorable recommendation subject to approval of the final site development plan and that only one temporary access point be permitted off of Ireland Road, by the Area Plan Commission." The above recommendation is made subject to a final site plan and the preliminary site plan is attached hereto. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of that public hearing and will be forwarded to you at a later date to be made a part of this report. RSJ /ch cc: Harold T. Miller, Attorney Evelyn Pal Elvis G. McKinney William C. and Beulah F. Gray The Honorable Common Council City of South Bend County -City Building South Bend, Indiana Very truly yours, s/ Richard S. Johnson Executive Director November 21, 1973 In Re: A proposed ordinance and site development plan of the Department of Redevelopment to zone from "E" Heavy Industrial, "F" Height and Area, to "D" Light Industrial, "F" Height and Area, property located at and bordered by Washington Street, Grant Street and Merry Avenue, City of South Bend Gentlemen: The attached rezoning petition of the Department of Redevelopment was legally advertised November 10, 1973, and November 17, 1973. The Area Plan Commission gave it a public hearing November 20, 1973, at which time the following action was taken: "Upon a motion made by Rollin Farrand, seconded by Garrett Mullins and carried, the petition of the Department of Redevelopment to zone from "E Heavy Industrial, "F" Height and Area, to "D" Light Industrial, "F" Height and Area, is returned to the Common Council with a favorable recommendation subject to a final site plan, by the Area Plan Commission." The above recommendation is made subject to a final site plan and the preliminary site plan is attached hereto. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of that public hearing and will be for- warded to you at a later date to be made a part of this report. REGULAR MEETING NOVEMBER 26 1973 REGULAR MEETING - RECONVENED (CONTINUED) RSJ /ch cc: Charles F. Lennon, Jr. Hollis Hughes Gerald Y. Sakaguchi The Honorable Common Council City of South Bend County -City Building South Bend, Indiana 46601 Very truly yours, s/ Richard S. Johnson Executive Director November 21, 1973 In Re: A proposed ordinance and site development plan of the Mental Health Center of St. Joseph County to zone from "A" Residential, "A" Height and Area, to "B" Residential, "B" Height and Area, property located at 1104 Notre Dame Avenue, City of South Bend Gentlemen: The attached rezoning petition of the Mental Health Center of St. Joseph- County was legally advertised November 10, 1973, and November 17, 1973. The Area Plan Commission gave it a public hearing on November 20, 1973, at which time the following action was taken: "A motion was made by Robert Lehman to unfavorably recommend the petition of the Mental Health Center of St. Joseph County to zone from "A" Residential, "A" Height and Area, to "B" Residential, "B" Height and Area, property located at 1104 Notre Dame Avenue, City of South Bend. His motion was seconded by Joseph Simeri. Joseph Bajdek then explained that this recommendation is made to the Common Council as we are expecting an amendment to the Zoning Ordinance whereby such projects would be a permitted use suitable in an "A" Residential District. Mr. Parent stated the proposed amendment to the Zoning Ordinance which would allow such projects in an "A" Residential District will be heard at the Common Council's meeting on Monday, November 26, 1973. He added that there will be no guarantee at this time that this amendment will be adopted. He said that the proposed amendment will be referred by the Common Council Monday evening to the Area Plan Commission for its December meeting. Mr. Miles noted the Plan Commission is in favor of this use and they are trying to keep it "A" Residential, as well, and that is why we had to recommend it unfavorably. The motion by Robert Mental Health Center abstaining." The deliberations of at the above decision are sh, and will be forwarded to you Lehman to unfavorably was then carried with the Area Plan Commiss Dwn in the excerpts of at a later date to be recommend the petition of the John Peddycord and Roger Parent ion and points considered in arriving the minutes of that public hearing made a part of this report. Very truly yours, s/ Richard S. Johnson Executive Director A preliminary plan is also attached to this report. RSJ:lari cc: Mental Health Center Jack Dunfee, Jr. Roger Parent Councilman Parent made a motion to set the ordinances referred to in the first three reports for public hearing and second reading on December 17, 1973, seconded by Councilman Taylor. The motion carried. Council President Nemeth indicated that the fourth report pertaining to the rezoning of 1104 Notre Dame Avenue was to be withdrawn as the disposition of the matter would be taken care of by the Zoning Board of Appeals. REPORT FROM THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY Mr. Patrick Gallagher, Director of the Department of Public Safety, introduced Police Chief Urban who spoke on the crime statistics within the City of South Bend. He stated that, last year, he appeared at Louisville, Kentucky, for a graduation ceremony and it was indicated that the City of Louisville also has a great problem with crime. He indicated that various measures have been take to arrest the situation. In June, there was an increase of 9% in the crime rate. In July, there was an 8ko increase over the previous year. In August, there was also a 9% increase. In October, the crime rate dropped somewhat. The department has been effective in certain areas of crime. A new program is being prepared regarding the larceny crimes. The overtime foot patrol is being utilized and increased from three days to five days. Chief Urban felt that, by getting the new me from the academy, the crime could be decreased somewhat. It was hoped the men could be sworn in on December 15. He talked briefly about "Project Ring" and explained that it dealt with narcotics etc. He indicated that there had been a sedge of robberies between the times of 11:00 p.m. and 3:00 a.m. He stated that special forces were called in and the problem was combated somewhat. He stated that the majority of the crime occurred between the hours of 6:00 p.m. and 10:00 p.m. He REGULAR MEETING NOVEMBER 26, 1973 REGULAR. MEETING - RECONVENED (CONTINUED) felt the cooperation of the citizens has increased which is a big help to the department. He paid respect to the courts in getting "tougher" with the first offenders. He concluded by indicating that the department was now in the process of putting in the new radio frequency which would give a better coverage in the city's streets and alleys. Councilman Kopczynski asked what one program the Safety Director had initiated that had helped the department the most. Chief Urban indicated that Mr. Gallagher had been instrumental in the foot patrol program. Council President Nemeth thanked Chief Urban for his report.. ORDINANCES, SECOND READING ORDINANCE NO. 5609 -73 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA (SOUTHWEST CORNER OF IRONWOOD DRIVE AND RIDGEDALE ROAD). This ordinance had second reading. Mr. Joseph Helling, the attorney representing the Ridgedale Nursing Home, indicated that he had met with Mrs. Julow and Mrs. Peterson concerning the matter of the landscaping, and he proposed the following amendment to the ordinance to be added at the end of Section 1, immediately following the words "Ridgedale Nursing Home ": provided that the landscaping shown on the South and West sides of the site be, or be made, of sufficient density to prevent normal passage of persons through such landscaping; and that landscaping of sufficient density to obscure vision from the North be established along the Northerly and Westerly boundaries in the area where loading and unloading is performed, all such landscape screening to be installed within one month from the effective date of this ordinance. The petitioner shall certify in writing to the President of the Common Council at the end of the month that the plantings have been installed in accordance with the ordinance requirements. Mr. Helling indicated that the above amendment was acceptable to the Ridgedale Nursing Home. Councilman Taylor made a motion to so amend the ordinance, seconded by Councilman Newburn. The motion carried. Councilman Miller then made a motion that the ordinance pass, as amended, seconde by Councilman Szymkowiak. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING.ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 40, MUNICIPAL CODE) - 1104 NOTRE DAME AVENUE. This ordinance had second reading. Councilman Parent made a motion to strike the ordinance from the files, seconded by Councilman Miller. The motion carried. ORDINANCE NO. 5610 -73 AN ORDINANCE AMENDING CHAPTER 13, OFFENSES, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA. This ordinance had second reading. Councilman Taylor made a motion to amend the ordinance to insert "legal publication" in Section II, seconded by Councilman Szymkowiak. The motion carried. Councilman Szymkowiak then made a motion that the ordinance pass, as amended, seconded by Councilman Parent. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE NO. 5611 -73 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, FOR THE REGULATION OF CITY -OWNED VEHICLES. This ordinance had second reading. Councilman Newburn made a motion to amend the ordinance at paragraph (d) to read: "The first sentence of paragraph (c) of this section ... ". Councilman Parent seconded the motion. The motion carried. Councilman Taylor then made a motion that the ordinance pass, as amended, seconded by Councilman Kopczynski. The ordinance passed by a roll cal vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE NO. 5612 -73 AN ORDINANCE APPROPRIATING THE SUM OF $3,798.02 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND. This ordinance had second reading. Councilman Miller made a motion that the ordinance pass, sec by Councilman Taylor. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). ORDINANCE NO. 5613 -73 AN ORDINANCE APPROPRIATING MONEYS FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE BUREAU OF SANITATION OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1974, AND ENDING DECEMBER 31, 1974, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This ordinance had second reading. Councilman Taylor made a motion that the ordinance pass, seconded by Councilman Horvath. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). REGULAR MEETING NOVEMBER 26, 1973 REGULAR MEETING - RECONVENED (CONTINUED) (ORDINANCE NO. 5614 -73 AN ORDINANCE APPROPRIATING MONEYS FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE BUREAU OF SOLID WASTE OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1974, AND ENDING DECEMBER 31, 1974, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This ordinance had second reading. Councilman Newburn made a motion that the ordinance pass, seconded by Councilman Taylor. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). (ORDINANCE NO. 5615 -73 AN ORDINANCE APPROPRIATING MONEYS FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE WASTE WATER TREATMENT PLANT OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1974, AND ENDING DECEMBER 31, 1974, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. This ordinance had second reading. Mr. Walter Lantz, Deputy City Controller, stated that the Council desired to make the following amendments: On page 2 - Reduce Auditor II to $2,869.00. On page 2 - Reduce Summer Help to $3,200.00. On page 3 - Reduce Yardmen to 3 positions for a total of $14,178.00. On page 4 - Reduce Additional Overtime to $5,000.00. On page 4 - Reduce Education and Travel to $4,000.00. On page 4 - Reduce Professional and Consulting Services to $33,400.00. On page 4 - Reduce Emergency Contractual Services to $18,000.00. On page 4 - Reduce Dues and Subscriptions to $2,000.00. On page 4 - Reduce Janitor Supplies to $2,500.00. On page 4 - Reduce Office Supplies to $2,500.00. On page 4 - Reduce Other Maintenance Supplies to $20,000.00. On page 4 - Reduce Laboratory Supplies to $12,500.00. On page 6 - Reduce Properties in Depreciation Fund to $100,000.00. On page 8 - Reduce Services Personal to $744,116.00. On page 8 - Reduce Services Contractual to $478,106.00. On page 8 - Reduce Supplies to $402,800.00. On page 8 - Increase Profit Before Depreciation to $402,440.00. On page 8 - Reduce Depreciation Expense to $100,000.00. On page 8 - Reduce Anticipated Deficit to ($27,560.00). Councilman Parent made a motion to amend the ordinance as indicated by Mr. Lantz, seconded by Councilman Newburn. The motion carried. Councilman Miller then made a motion that the ordinance pass, as amended, seconded by Councilman Serge. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). Councilman Taylor announced that the total cuts made amounted to about $92,000.00. ORDINANCE NO. 5616 -73 AN ORDINANCE FOR THE TRANSFER OF FUNDS WITHIN VARIOUS DEPARTMENTAL BUDGETS IN THE GENERAL FUND, MOTOR VEHICLE HIGHWAY FUND, AND PARK MAINTENANCE FUND, ALL TRANSFERS BEING WITHIN THEIR RESPECTIVE DEPARTMENT AND RESPECTIVE FUND, OF THE CITY OF SOUTH BEND, INDIANA. This ordinance had second reading. Councilman Parent made a motion that the ordinance pass, seconded by Councilman Szymkowiak. The ordinance passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). RESOLUTIONS RESOLUTION NO. 398 -73 A RESOLUTION URGING THE UNITED STATES HOUSE OF REPRESENTATIVES AND THE UNITED STATES SENATE TO MAKE IT A FEDERAL OFFENSE TO USE A HAND GUN IN A ROBBERY OR BURGLARY. WHEREAS, the use of hand guns in crimes of robbery and burglary is ever increasing and is resulting in a horrifying rise in deaths, serious injury and violence; and WHEREAS, the lack of legislation on weapon control, specifically hand gun control, is partially and directly responsible for their increasing use; and WHEREAS, it is the contention of the Administration and the Common Council of the City of South Bend, Indiana, that it is the duty of federal legislators to make the use of hand guns in a robbery or burglary a federal offense, especially since the lack of controls has resulted in the sale of a hand gun every thirteen seconds in the United States. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana: SECTION I. That the Common Council and the Administration of the City of South Bend, Indiana, do hereby strongly urge the United States Senate and the United States REGULAR MEETING NOVEMBER 26, 1973 11REGULAR MEETING - RECONVENED (CONTINUED) House of Representatives to make it a federal offense to use a hand gun in a robbery or burglary. SECTION II. That the Clerk of the Common Council is hereby instructed to forward copies of this resolution to the National League of Cities, the United States Conference of Mayors, the Indiana Association of Cities and Towns, the Mayors Round Table of Northern Indiana, Senator Birch E. Bayh, Senator R. Vance Hartke, Congressman John Brademas, Congressman Ray J. Madden, Congressman Earl F. Landgrebe, Congressman J. Edward Roush, Congressman Elwood H. Hillis, Congressman Gilliam G. Bray, Congressman John T. Myers, Congressman Roger H. Zion, Congressman Lee H. Hamilton, Congressman David W. Dennis and Congressman Richard Hudnut. s/ Peter J. Nemeth Member of the Common Council A public hearing was held on the resolution at this time. Councilman Horvath made the presentatio for the resolution. He stated that he felt that the increasing use of hand guns was a result of a lack of legislation on weapon control. He was hopeful that, with the adoption of the resolution, the matter would be brought to the attention of the legislators and something could be done about the situation. Mr. James Barcome, City Controller, stated that Congressman Andrew Jacobs had been replaced by Congressman Richard Hudnut and the resolution should be changed accordingly. Council President Nemeth suggested that the resolution should state that the use of a weapon be considered an offense in any crime and not just robberies and burglaries. He wondered if copies of the resolution should also be sent to the local state legislators, the governor, speaker of the house and majority and minority leaders. Councilman Horvath was hopeful that, by sending the resolution to the mayors of the top 100 cities in the United States, a chain reaction might be started. Councilman Taylor wondered why only a hand gun was used. He felt the resolution should state that any weapon used would be considered an offense, as previously stated by Council President Nemeth. Councilman Kopczynski stated that there were many laws against the use of hand guns and this has not curbed the problem. Councilman Newburn stated that crime has been continually on the upsweep and the hand gun has been utilized a great deal. He felt the resolution showed that the Council was interested in the situation. Councilman Parent indicated that a resolution merely expresses the sense of the Council and was not binding. He made a motion to adopt the resolution, seconded ,by Councilman Serge. There was further discussion regarding Section II and the number of copies to be distributed. Councilman Parent then withdrew his motion to adopt, and Councilman Serge withdrew his second to that motion. Council President Nemeth made a motion to strike the last line of the resolution and insert Congressman Richard Hudnut in Congressman Jacobs' place, seconded by Councilman Parent. The motio carried. Councilman Parent then made a motion that the resolution be adopted, as amended, seconde by Councilman Serge. The resolution passed by a roll call vote of nine ayes (Councilmen Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). IIORDINANCES, FIRST READING IInRDINANCE This ordinance public hearing carried. IInRDINANCE This ordinance public hearing carried. IIORDINANCE This ordinance public hearing motion carried. 1[63: "D�0EW40 AN ORDINANCE APPROPRIATING THE SUM OF $10,500.00 FROM THE SEWERAGE WORKS IMPROVEMENT FUND FOR THE PURCHASE OF A SLUDGE FARM TRACTOR. had first reading. Councilman Taylor made a motion that the ordinance be set for and second reading on December 17, 1973, seconded by Councilman Parent. The motion AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 11, SECTIONS 2 -51 THROUGH 2 -62 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA, 1971, REDESIGNATED BY ORDINANCE NO. 5390 -72 AS ARTICLE 9 OF CHAPTER 2 OF THE CODE, BY THE SUBSTITUTION OF A NEW ARTICLE 9 OF CHAPTER 2 ESTABLISHING THE SOUTH BEND HUMAN RIGHTS COMMISSION. had first reading. Councilman Parent made a motion that the ordinance be set for and second reading December 17, 1973, seconded by Councilman Serge. The motion AN ORDINANCE AMENDING CHAPTER 11, ARTICLE 2, SECTIONS 11 -2 THROUGH 11 -14, OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA, 1971, BY THE SUBSTITUTION OF A NEW ARTICLE 2 OF CHAPTER 11, THE SOUTH BEND HUMAN RIGHTS COMMISSION. had first reading. Councilman Newburn made a motion that the ordinance be set for and second reading on December 17, 1973, seconded. by Councilman Kopczynski. The AN ORDINANCE ANNEXING CERTAIN LAND TO THE CITY OF SOUTH BEND, INDIANA (GERMAN TOWNSHIP). This ordinance had first reading. Councilman Miller made a motion to refer the ordinance to an annexation committee to be appointed by the Council President, seconded by Councilman Parent. The motion carried. Council President Nemeth announced that the members of the Annexation Committee would be Councilman Newburn as chairman, and Councilmen Kopczynski, Taylor and Serge. REGULAR MEETING NOVEMBER 26,1973 REGULAR MEETING - RECONVENED (CONTINUED) ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 21 OF THE CITY CODE OF SOUTH BEND, INDIANA, 1971, ALSO KNOWN AS ORDINANCE NO. 4990 -68, AS AMENDED, AND GENERALLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED, BY ADDING PROVISIONS RELATIVE TO NEIGHBORHOOD HEALTH CARE FACILITIES AND GROUP HOUSING QUARTERS. This ordinance had first reading. Councilman Miller made a motion to refer the ordinance to the Area Plan Commission and the Council Ordinance Committee, seconded by Councilman Parent. The moti carried. PRIVILEGE OF THE FLOOR Mr. Phillip Barkley, 50690 Portage Road, a St. Joseph County Councilman, stated that he wished to speak as chairman of the Clay, German and Portage Anti - Annexation Committee. He indicated that he wished to make the Council aware of the existence of the organization and the fact that the organi zation desired to offer any service it could to the Council regarding proposed annexations. He stated that his group wanted to meet with the Council at the Council's convenience in the near future to discuss the proceedings of annexations and to help expedite the proposed annexation of German Township. Councilman Serge asked when the next meeting of the group would be, and Mr. Barkley stated that the committee meets weekly, with the Steering Committee meeting Sunday after- noon, December 3, at 2:00 p.m., at the Wagner School. He indicated that there are no mass meeting scheduled at this time. Council President Nemeth asked if Mr. Barkley had any written material he wished the Council to look at and comment upon. Mr. Barkley stated that he had some material for the Council. Council President Nemeth asked if this material could be mailed to the members or left with the City Clerk. Mr. Barkley stated that, as soon as possible, he would forward the material to Councilman Newburn. He concluded that he felt the research done by the Anti - Annexatio Committee would be of value to the Council. UNFINISHED BUSINESS ORDINANCE NO. 5597 -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, AS AMENDED (2017 WEST DUBAIL STREET) . City Clerk Irene K. Gammon stated that she had received a veto message from Mayor Miller, dated November 23, 1973, pertaining to the above ordinance which was passed by the Council on November 1 1973. Council President Nemeth indicated that the Council would vote on the ordinance and an "aye vote would mean a vote to pass the ordinance and override the veto. The Mayor's veto was overridd by a roll call vote of seven ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Newbu and Nemeth) and two nays (Councilmen Parent and Horvath). ORDINANCE NO. 5598 -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, AS AMENDED (3414 EAST JEFFERSON BOULEVARD). City Clerk Irene K. Gammon stated that she had received a veto message from Mayor Miller, dated November 23, 1973, pertaining to the above ordinance which was passed by the Council on November 1: 1973. Council President Nemeth indicated that the Council would vote on the ordinance and an "aye vote would mean a vote to pass the ordinance and override the veto. The Mayor's veto was overriddi by a roll call vote of seven ayes (Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Newbu: and Nemeth) and two nays (Councilmen Parent and Horvath). NEW BUSINESS Councilman Parent made a motion that the next meeting date of the Council be Monday, December 17, 1973, at 7:00 p.m., seconded by Councilman Taylor. The motion carried. There being no further business to come before the Council, unfinished or new, Councilman Taylor made a motion that the Council adjourn, seconded by Councilman Kopczynski. The motion carried and the meeting adjourned at 12:05 a.m. ATTEST: CITY LERK +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++