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REGULAR MEETING MARCH 11, 197
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, March 11, 1974, at 7:08 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, Miller, Parent,
Taylor, Kopczynski, Horvath,
Newburn and Nemeth.
ABSENT: Councilman Szymkowiak.
Council President Nemeth congratulated Miss Virginia Guthrie, Executive Secretary of the Civic
Planning Association, who was retiring effective March 15th.
Councilman Horvath made a motion to resolve into the Committee of the Whole, seconded by Councilman
Taylor. 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
Whole on Monday, March 11, 1974, at 7:09 p.m., with eight members present and one member absent.
Chairman Odell Newburn presided.
ORDINANCE AN ORDINANCE ESTABLISHING THE SOUTH BEND
CRIME COMMISSION.
This being the time heretofore set for public hearing on the above ordinance, proponents and
opponents were given an opportunity to be heard. Council President Nemeth made the presentation
for the ordinance. He indicated that the ordinance called for the establishment of the South Bend
Crime Commission, and the purpose of the commission would be to investigate and make recommendation
for the improvement and more efficient operation of the agencies within the criminal justice system
He stated that this was not an attempt of government to get involved in policing. He was hopeful
that this would be completely independent from governmental influence. He briefly talked about
membership of the commission, indicating that there would be nine members; four being appointed by
the Mayor, four being appointed by the Council, and the ninth member to be appointed jointly by the
Mayor and President of the Council. Council President Nemeth concluded by stating that the propose
ordinance would "get the commission started" and hopefully, in the near future, it would be funded
from other sources and would be a not - for - profit organization.
Mrs. Frederick Mutzl of the St. Joseph County Fair Tax Association was concerned about the meetings
to be held by the commission. She asked if these meetings would be open to the public. Council
President Nemeth indicated that they would be. Mrs. Mutzl then wondered if it should be stated in
the ordinance that the meetings would be open to the public. Council President Nemeth could see no
problem in inserting words such as "not less than one public meeting a month Mrs. Mutzl then
stated that she was also concerned about the employment of an executive director and secretary. Sh
wondered how this would be financed. Council President Nemeth stated that the commission would hav
to "get off the ground ". He was hopeful that it would be for no more than one year, at which time
the commission could then be on its own. Mrs. Mutzl suggested that the ordinance state "for a one -
year period of time ". She wondered about approval of the budget by the Council. Council President
Nemeth stated that, if any funds were given to the organization, it would have to be approved by
the Council. Mrs. Mutzl wondered about subpoena powers and if the judges could be subpoenaed.
Council President Nemeth answered by stating that the subpoena powers of the commission would be
limited to the City of South Bend. Mrs. Mutzl expressed support of the ordinance and a reduction
in crime; however, she felt the ordinance was very broad. Mr. James Russell, 1517 Fremont, wondere
about crime and the minority groups. He asked about the power of the commission to investigate
kickbacks and political corruption. Council President Nemeth felt that matter was handled through
the prosecuting attorney's office, but the commission could also do it. Mr. Russell wondered if a
person of 21 years of age could be appointed to the commission, and Council President Nemeth stated
that, since the voting age was 18, he thought a person of 21 could be appointed. Mr. Russell then
asked about the public meetings. He stated that he did not feel the commission should be establish
immediately preceding an election. Council President Nemeth stated that the city election took
place in 1975 and not in 1974. Regarding public involvement, he stated that the commission would
be composed of nine members and hopefully would be expanded. Mr. Russell wondered if the commissio
would be concerned about Mishawaka. Council President Nemeth stated that the commission would have
no control over Mishawaka but it was hoped that, in the future, it would be expanded and would be
able to function in South Bend and surrounding areas. Mr. Russell then stated that the sheriff had
disapproved the commission. He wondered about this, and Council President Nemeth indicated that th
sheriff had been referring to the Coordinating Council and not the proposed crime commission. Mr.
Russell felt that the minority groups did not get action or help from the city officials and police
when requested. Mrs. Arlene Quigley, 1019 North Frances Street, Chairman of the-Crime Committee of
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REGULAR MEETING MARCH 11, 1974
TTEE OF THE WHOLE MEETING (CONTINUED)
(Councilman Parent also supported the ordinance and hoped the citizens would participate in order
that the commission could work effectively. He stated that he had some reservations, however. He
'talked about the funding of the commission and hoped the commission would evolve into a true form
of citizen participation. Councilman Kopczynski felt that crime commissions have been successful
'in other areas. He felt the departments in the city should be investigated by the city and reports
made public and, in funding, any department that has deficiencies should be given careful considera
tion.
Councilman Kopczynski made a motion that the ordinance go to the Council as favorable and be
unanimously adopted, seconded by Councilman Miller. The motion carried.
ORDINANCE AN ORDINANCE APPROPRIATING $11,805.00
FROM THE FEDERAL ASSISTANCE GRANT COMMONLY
REFERRED TO AS GENERAL REVENUE SHARING,
FOR VARIOUS PUBLIC WORKS PROGRAMS, TO
BE ADMINISTERED BY THE CITY OF SOUTH
BEND THROUGH ITS DEPARTMENT OF PUBLIC
WORKS.
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 indicated that the request would be
used to defer the costs of purchase for two pieces of equipment, they being a Ford tractor and a
side - mounted rotary mower. He explained that the equipment was to be used in the environmental
clean -up program, and he felt that program had been a success last year. He was hopeful that the
equipment could also be used by the Bureau of Streets in cleaning up some of the roadsides.
Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, wondered if the youn
people involved in the summer program would operate the equipment. Mr. Farrand stated that heavy
equipment would be under the control of the Street Department and would be operated by authorized
and qualified personnel within that department. Councilman Kopczynski questioned if anyone
operating the equipment had to be 21 years of age, and Mr. Farrand thought there was a law that
required the operators to be 21 years of age. Councilman Miller expressed support of the purchase
of the equipment and hoped more equipment could be purchased. He felt the program had been very
successful. Councilman Kopczynski asked about delivery time of the equipment, and Mr. Farrand
indicated that the equipment would probably be delivered in spring. Councilman Kopczynski asked
where the program would be started this year, and Mr. Farrand indicated that the program would be
operated out of the Department of Public Works and crews would be assigned to certain areas where
complaints had been received. He briefly talked about the method of operation and the procedure f
further cleanup.
Councilman Kopczynski made a motion that the ordinance go to the Council as favorable, seconded by
Councilman Miller. The motion carried.
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 SIGNS AND OUTDOOR ADVERTISING.
This being the time heretofore set for public hearing on the above ordinance, proponents and
opponents were given an opportunity to be heard. Mr. Richard S. Johnson, Director of the Area Pla
Commission, made the presentation for the ordinance. He explained that the ordinance had its con-
ception two years ago. He indicated that the Sign Review Committee of the River Bend Plaza review
the existing sign regulations and it was determined these regulations were lacking in reasonable
standards and comprehensiveness. He referred to the proposed ordinance and briefly explained the
various sections. He talked about the general provisions, district regulations, administration of
the Development Review Committee and inspection.
Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, wondered if flashing
signs would be permitted under the new ordinance. Mr. Johnson indicated that flashing signs are
confusing to motorists and they will be limited to certain areas. Mr. Gene Evans, Assistant
Executive Secretary of the Civic Planning Association, asked about the removal of a sign in viola-
tion of the code. He wondered if the owner would be billed for removal if the sign was removed by
the city. Mr. Johnson stated that the normal procedure would be followed as in condemnations. He
felt the ordinance was sufficient to cover that. Mr. Evans wondered if there was a conflict in
certain paragraphs regarding the 15 days allowed by the Review Committee and the 5 days allowed by
the Building Commissioner. It was indicated that there was no conflict between the two sections.
Mr. Evans wondered about construction of a sign within a three -month period as stated in the
ordinance. Mr. Johnson clarified that statement and indicated that there was no problem in that
section. Mr. Scott Miller, Vice President of Burkhart Advertising, felt the ordinance was a good
piece of legislation and hoped the Council would act favorably on the ordinance. Mr. Noel Yarger
of North American Signs indicated that the Area Plan Commission had prepared the ordinance and
various interests were represented. He felt that no side had dominated and the ordinance was a
fair one. Chairman Newburn referred to the section pertaining to the removal of signs and expense
of removal being charged to the property owner. He wondered if the city could legally do this, an
Mr. James Roemer, City Attorney, indicated that the city has that authority. Council President
Nemeth referred to page 9 of the ordinance and the distance between structures. He wondered about
the figure of 60 feet, and it was indicated that that figure was correct.
Councilman Parent made a motion that the ordinance go to the Council as favorable, seconded by
Councilman Horvath. The motion carried.
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
REGULAR MEETING MARCH 11, 1974
COMMITTEE OF THE WHOLE MEETING (CONTINUED)
ORDINANCE (CONTINUED) AMENDED, BY ADDING PROVISIONS RELATIVE
TO HIGH DENSITY RESIDENTIAL- OFFICE AND
PROFESSIONAL ZONING DISTRICT.
This being the time heretofore set for public hearing on the above ordinance, proponents and
opponents were given an opportunity to be heard. Mr. Richard S. Johnson, Director of the Area Pla
Commission, indicated that the Redevelopment Department had presented to the Area Plan Commission
a revised land -use plan for a parcel of land in the downtown area. He stated that the original
plan called for a distinct location for business, office and residential. A revised plan called
for mixing business, office and residential facilities. Because of this mixing, a new use distric
was needed. Mr. Johnson stated that, at this time, no land is being proposed to be zoned to the
new classification. He felt that the Redevelopment Department would initiate a petition to rezone
Parcel #6 in the downtown area to the new classification. He indicated that, if present buildings
were expanded or demolished in the new district, then the new buildings constructed would be put
into the new use. He briefly talked about the various uses allowed within the district.
Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, asked if the new use
would cover the entire city, and Mr. Johnson indicated that the new use applies to high density
facilities and would not be covered throughout the whole city. Miss Guthrie stated that, in the
present ordinance, consulting services can be allowed in a residential district, and Mr. Johnson
stated that this was allowed in the "B" Residence District. Mr. Gene Evans, Assistant Executive
Secretary of the Civic Planning Association, asked about the yard requirements of 25 feet, and Mr.
Johnson answered that that was the front yard requirement from the property line to the building.
Mr. Evans wondered about the sign regulations within the ordinance. He asked why they were not
incorporated into the new proposed sign ordinance. Mr. Johnson indicated that the sign ordinance
had been prepared before the new use district ordinance, and the new district was not included in
the sign ordinance. Mrs. Nancy Doyle, 720 Park Avenue, wondered about the borders of the downtown
parcel to be rezoned to the new district. Mr. Johnson referred to the overhead projector, indicati
the area that would fall under the new use. He stated that, any time there is a request for
rezoning, public hearings were held and property owners within 300 feet of the property to be re-
zoned were notified. Mr. Scott Miller, Vice President of Burkhart Advertising, expressed concern
about the exclusion of the commercial zoning in the proposed land -use map on the east side of the
river. Council President Nemeth stated that the new A -3 District was only one zoning classifica-
tion. He indicated that any property owner can petition to rezone property if the particular use
was not as the petitioner desired. Councilman Miller felt the high density would only be good on
large lots. Mr. Johnson stated that there is a possibility of doing something on the east side of
the river in certain areas. Also, there is certain area that should remain as commercial.
Councilman Parent stated that the Council was not rezoning any land, but merely creating a new use
district. Council President Nemeth asked if the word "district" was confusing, and Mr. Johnson
felt the word was applicable and appropriate in that instance.
Councilman Serge made a motion that the ordinance go to the Council as favorable, seconded by
Councilman Taylor. The motion carried.
There being no further business to come before the Committee of the Whole, Council President Nemet
made a motion to rise and report to the Council and recess, seconded by Councilman Kopczynski. Th
motion carried. Recessed at 8:53 p.m.
ATTEST:
CITY CLERK
(REGULAR MEETING - RECONVENED
ATTEST: eel
r
MINAS
Be it remembered that the regular meeting of the Common Council of the City of South Bend, Indiana,
reconvened in the Council Chambers at 9:05 p.m., Council President Nemeth presiding and eight
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 February 25, 1974, regular
meeting of the Council and found them correct.
They, therefore, recommend that the same be approved.
s/ Peter J. Nemeth
Councilman Newburn made a motion that the report be accepted as read and placed on file and the
minutes be approved, seconded by Councilman Taylor. The motion carried.
(REPORT FROM THE COMMITTEE OF THE WHOLE
Councilman Parent 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 (Council-
men Serge, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth) with Councilman
Szymkowiak absent.
(REPORT FROM THE COMMITTEE ON ANNEXATIONS
To the Common Council of the City of South Bend:
Your Committee on Annexations to whom was referred an Ordinance annexing certain
land to the City of South Bend, Indiana, respectfully report that they have examined
the matter and that in their opinion the attached ordinance should be recommended
favorably for Council approval.
s/ Odell Newburn, Chairman
II
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REGULAR MEETING MARCH 11, 1974
MEETING - RECONVENED (CONTINUED)
gallons of water because 25 gallons per minute were required to be used in that area and the engine
met that requirement. He also stated that the viaducts were there longer than the fire station,
and he stated that he also would like to see another engine but the area was low in fire calls com-
pared to other sections of the city. Councilman Kopczynski again stated that he felt his area was
not adequately covered and the professional studies and surveys made did not show everything that
should have been considered. Councilman Parent asked if the fire protection in the southwest part
of the city was equal to other parts, and Chief Bland stated that he felt there was equal fire pro-
tection throughout the entire city. He stated that rivers, by- passes, etc. always create some
additional problem. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association,
wondered about acquiring the property on Olive Street for the new fire station. Chief Bland stated
that that area belonged to Model Cities and would have to be purchased. Miss Guthrie was of the
opinion that that had been taken care of last year when a presentation had been made by Mr. Lennon.
She felt that matter should be checked into. Councilman Parent stated that the plans were started
by the Redevelopment Department. He felt the Planned Neighborhood Development owned the land. Mr.
James Roemer, City Attorney, stated that the property is in one of the agencies the city was to
acquire and probably would be donated by the Redevelopment Department. He stated that the plans
were drawn by employees of the Redevelopment Department. Council President Nemeth thanked Chief
Bland for his presentation.
(PETITIONS 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 4201 South Main Street
(51 feet wide from Main Street to Lafayette Street).
2. The property is owned by Hudson and Dorothy M. Firestone.
3. A legal description of the property is as follows:
Fifty -one (51) feet taken off of and from the entire length of the
North side of Lot Numbered One Hundred Fifty -nine (159) as shown on
the Recorded Plat of Myers and Funk's Third Plat of Chippewa Heights
Addition to the City of South Bend, in the Northwest Quarter (NW;)
of Section 25, Township Thirty -seven (37) North, Range Two (2) East.
4. It is desired and requested that the foregoing property be rezoned from
"A" Residential Use and "A" Height and Area District to "E" Light
Industrial 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):
One House 30' x 40' which will still be used as a dwelling. One
25' x 35' cement block building, to be made into a print shop.
6. Number of off - street parking spaces to be provided:
Four off - street parking spaces with more made as they are needed:
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.
Petition Prepared by
Hudson D. Firestone
s/ Hudson D. Firestone
s/ Dorothy M. Firestone
Signatures of Petitioners
4201 South Main Street
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:
A 20.69 acre tract bounded on the east by Ironwood Drive, on the
north by the South Bend City Water Works and other property and on
the west and south by sections of Scottsdale Addition, in the City
of South Bend, Centre Township, Indiana.
2. The property is owned by Place and Company, Inc.
3. A legal description of the property is as follows:
A part of the Southeast Quarter (1/4) of the Southeast Quarter (1/4)
of Section 30, Township 37 North, Range 3 East, Centre Township, St.
Joseph County, Indiana, bounded by a line running as follows, viz:
Beginning 354.93 feet North of the Southeast Corner of the Southeast
Quarter of the Southeast Quarter of said Section 30; thence North
REGULAR MEETING MARCH 11, 1974
GULAR MEETING - RECONVENED (CONTINUED)
ITION (CONTINUED)
00 0' 0" bearing assumed 969.4 feet; thence West 1048.58 feet along the
North line of the Southeast Quarter of the Southeast Quarter; thence
South 00 01' East 150.0 feet; thence South 50 08' West 50.20 feet;
thence South 00 01' East 101.0 feet; thence South 280 0' West 132.92
feet; thence South 60 09' West 113.0 feet; thence South 00 04' West
50.28 feet; thence South 60 09' West 155.53 feet; thence South 830 52'
East 55.69 feet; thence South 890 44' East 300.00 feet; thence North
740 51' East 131.64 feet; thence South 61021' East 119.92 feet;
thence South 170 16' East 112.93 feet; thence South 00 16' West 120.0
feet; thence South 890 44' East 128.27 feet; thence North 710 45' East
61.99 feet; thence North 870 55' East 118.26 feet; thence South 890 44'
East 220.45 feet to place of beginning, containing 20.69 acres, more or
less.
4. It is desired and requested that the foregoing property be rezoned from
"A -2" Planned Residential Development District Use and Height and
Area District to "A" Residence District Use and "A" Height and Area
District.
S. 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):
Residential use and single family dwellings will be constructed thereon
in a number as shown by the annexed exhibits.
6. Number of off - street parking spaces'to be provided: Not applicable.
7. Attached is (a) an original ordinance and 25 copies; (b) an original
petition and 20 copies; (c) a $10 filing fee; (d) an existing plot plan
showing my property and other surrounding properties; (e) names and
addresses of all the individuals, firms or corporations owning property
within 300 feet of the property sought'to be rezoned; and (f) 5 copies
of a site development plan.
Petition Prepared by
Joseph A. Roper
316 First Bank Building
South Bend, Indiana 46601
PLACE AND COMPANY, INC.
s/ Joseph A. Roper
Agent and Attorney
1920 Ridgedale Road
South Bend, Indiana 46614
(Council President Nemeth indicated that action on the petitions would be taken when the ordinances
had first reading.
1IORDINANCES, SECOND READING
IIORDINANCE NO. 5645 -74
AN ORDINANCE ESTABLISHING THE SOUTH BEND
CRIME COMMISSION.
This ordinance had second reading. Councilman Taylor made a motion to amend the ordinance by
deleting the last two paragraphs in Section I, seconded by Councilman Miller. The motion carried.
Councilman Serge 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, Miller,
Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth) with Councilman Szymkowiak absent.
IIORDINANCE NO. 5646 -74
AN ORDINANCE APPROPRIATING $11,805.00
FROM THE FEDERAL ASSISTANCE GRANT COMMONLY
REFERRED TO AS GENERAL REVENUE SHARING,
FOR VARIOUS PUBLIC WORKS PROGRAMS, TO
BE ADMINISTERED BY THE CITY OF SOUTH
BEND THROUGH ITS DEPARTMENT OF PUBLIC
WORKS.
This ordinance had second reading. Councilman Parent made a motion that the ordinance pass,
seconded by Councilman Serge. The ordinance passed by a roll call vote of eight ayes (Councilmen
Serge, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth) with Councilman Szymkowiak
absent.
11ORDINANCE NO. 5647 -74
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 SIGNS AND OUTDOOR ADVERTISING.
This ordinance had second reading. Councilman Kopczynski made a motion to amend the ordinance as
recommended in the Ordinance Committee's report of February 25, 1974, and to further amend the
ordinance on page 8, Section 2 -6 d as follows:
In paragraph (1), amend 672 square feet to 1,000 square feet. Delete remaining
paragraph and add the words, after 1,000 square feet, "including embellishments."
C ,1 u 1 •
REGULAR MEETING - RECONVENED (CONTINUED)
In the third paragraph under (1), add the following: "provided the maximum display
area including embellishments shall not exceed 1,000 square feet."
Councilman Parent seconded the motion. The motion carried. Councilman Taylor 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, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn an
Nemeth) with Councilman Szymkowiak absent.
(ORDINANCE NO. 5648 -74
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 HIGH DENSITY RESIDENTIAL- OFFICE AND
PROFESSIONAL ZONING DISTRICT.
This ordinance had second reading. Councilman Horvath made a motion that the ordinance pass,
seconded by Councilman Kopczynski. The ordinance passed by a roll call vote of eight ayes
(Councilmen Serge, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth) with Counci
Szymkowiak absent.
(ORDINANCES, FIRST READING
ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING
CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH
BEND, INDIANA (4201 South Main Street).
This ordinance had first reading. Councilman Kopczynski made a motion that the ordinance, along
with the petition, be referred to the Area Plan Commission, seconded by Councilman-Parent. 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 (near Scottsdale
Addition) .
This ordinance had first reading. Councilman Kopczynski made a motion that the ordinance, along
with the petition, be referred to the Area Plan Commission, seconded by Councilman Parent. The
motion carried.
ORDINANCE AN ORDINANCE ANNEXING TO THE CITY OF
SOUTH BEND CERTAIN TERRITORY CONTIGUOUS
THERETO (German Township).
This ordinance had first reading. There was a brief discussion regarding the date of the next
Council meeting, after which Councilman Kopczynski made a motion that the next meeting be schedul
for March 25, 1974, seconded by Councilman Parent. The motion carried.
Councilman Kopczynski then made a motion that the ordinance be set for public hearing and second
reading on March 25, 1974, at 6:00 p.m., seconded by Councilman Parent. The motion carried.
ORDINANCE AN ORDINANCE APPROPRIATING $2,918.38
FROM THE FEDERAL ASSISTANCE GRANT
COMMONLY REFERRED TO AS GENERAL REVENUE
SHARING, FOR VARIOUS PUBLIC WORKS PRO-
GRAMS, TO BE ADMINISTERED BY THE CITY
OF SOUTH BEND THROUGH ITS DEPARTMENT
OF PUBLIC WORKS.
This ordinance had first reading. Councilman Parent made a motion that the ordinance be set for
public hearing and second reading on March 25, 1974, at 6:00 p.m., seconded by Councilman Miller.
The motion carried.
PRIVILEGE OF THE FLOOR
Mr. Edward Soltesz, 402 Altgeld, asked when the ordinance regarding parking regulations for snow
removal and leaf pickup was going to be heard by the Council. He indicated that he had been waiti
for action on the ordinance, and he wondered what had happened to it. Council President Nemeth
indicated that the Board of Public Works had requested that this matter be held up because there
was work being done on the ordinance. He also stated that Councilman Szymkowiak, a great advocate
of the ordinance, was ill at the present time. He assured Mr. Soltesz that, when the ordinance wa
ready, it would have public hearing.
Mrs. Lee Swan, 2022 Swygart, talked about the number of citizens who had problems with city govern -
ment and have not received any help or answers to their questions. She stated that the citizens
called her for help, and she indicated that she had a list of names of persons who had complaints
or problems. Councilman Parent asked if any of the problems were resolved. He felt the councilmen
were always receptive to the problems and needs of the citizens. He asked that Mrs. Swan forward
him a list of the names. Councilman Kopczynski stated that many of the people lived in the 6th
District, and he stated that none of them had contacted him as their councilman. Mrs. Swan
indicated that many of the people have not been given the right approach or have been "shuffled
around ". She talked about a specific problem on the corner of Indiana and Prairie Avenues and the
trash located there. Councilman Kopczynski asked Mrs. Swan if she was aware that the problem had
been reported and the area cleaned up many times. He stated that it was a citizen in the area that
REGULAR MEETING MARCH 11, 1974
MEETING - RECONVENED (CONTINUED)
kept dumping the trash there. He indicated that perhaps the approach was not tough enough.
Councilman Parent talked about the problems dealing with removal of trash. He stated that there
have been cases where a certain area has been cleaned and shortly after trash accumulates again.
He stated that the citizens must do their part and some have not. He did not feel that, in these
instances, the officials should be blamed.
Mr. Phillip Barkley, a St. Joseph County Councilman, residing in German Township, wondered if the
fiscal plan was available for the new proposed annexation ordinance in German Township. He asked
if a timetable for municipal services was available. Council President Nemeth indicated that the
law requires these items be available, and he stated that copies were available in the Department
of Public Works. Mr. David Wells, Manager of the Bureau of Design and Administration, suggested
that the copies be distributed through the office of the City Clerk. Mrs. Irene K. Gammon, City
Clerk, requested that a copy be furnished to her and she would be happy to distribute the necessary
copies to whoever requested them.
(IUNFINISHED BUSINESS
Mr.
of
an
James Roemer, City Attorney, asked about the status of the referral to the Ordinance Committee
the Chippewa Street rezoning. Council President Nemeth indicated that the committee was awaiti
appraisal report, at which time the matter would come out of committee.
Councilman Parent made a motion that the proposed bike ordinance (ordinance amending Chapter 20,
Vehicles and Traffic) which was set for public hearing and second reading on March 25, 1974, be
set for 6:00 p.m., rather than the regular meeting time of 7:00 p.m., seconded by Councilman
Taylor. The motion carried.
Councilman Kopczynski made a motion that the annexation ordinance for portions of German, Portage
and Clay Townships, which was referred to committee on November 26, 1973, be set for public heari
and second reading on March 25, 1974, at 6:OO p.m., seconded by Councilman Parent. The motion
carried.
Mrs. Irene K. Gammon, City Clerk, indicated that she had received a veto message from Mayor Miller
on the rezoning at the corner of George and Osborne Streets, which rezoning was passed by the
Council at the February 25, 1974, meeting. Councilman Parent asked Mr. James Roemer, City Attorne:
to briefly summarize the legal opinion attached to the veto. Mr. Roemer did so, indicating that
the courts have been split in determining whether conditional zoning is a proper exercise of power
because it is a condition subsequent, the ordinance is vague and not specific, and it could be
argued it is a variance. Council President Nemeth stated that there was nothing illegal about the
amendment the Council had made. Mr. Roemer stated that there are reservations as to its legality,
and Council President Nemeth stated that the Council's attorney could not find anything illegal an
that the ordinance was not over the Council's power to rezone. He wondered why the City Attorney
felt the ordinance was vague as he felt it was specific. Councilman Miller felt there were always
legal arguments involved. He felt this was the judgment of the Council and, if proven illegal in
court, that would be the final decision. Councilman Miller made a motion to override the Mayor's
veto and pass the ordinance, seconded by Councilman Kopczynski. Councilman Parent stated that he
opposed the passage of the.ordinance because of the location of the sign in a residential area.
He felt there was a question of the legality of the ordinance as stated by the City Attorney. He
was concerned about the erection of the billboard in a residential neighborhood. Councilman
Newburn stated that most of the homes adjacent to the property in question were vacant. Council
President Nemeth also pointed out that there were other signs already in the area. Councilman
Kopczynski stated that the billboard area would be landscaped and would look much better than at
,the present time. He felt the sign would be an asset to the area. The motion carried by a roll
call vote of six ayes (Councilmen Miller, Taylor, Kopczynski, Horvath, Newburn and Nemeth) and two
nays (Councilmen Serge and Parent) with Councilman Szymkowiak absent.
11 NEW BUSINESS
Councilman Newburn made a motion to schedule the next meeting of the Council for March 25, 1974, a
6:00 p.m., seconded by Councilman Kopczynski. The motion carried.
There being no further business to come before the Council, unfinished or new, Councilman Taylor
made a motion that the meeting be adjourned, seconded by Councilman Horvath. The motion carried,
and the meeting adjourned at 9:55 p.m.
Shortly after adjournment, the question arose concerning the location of the next Council meeting,
at which time Councilman Newburn made a motion to reconvene the meeting, seconded by Councilman
Taylor. The motion carried and the meeting reconvened at approximately 10:00 p.m., with eight
members present. Councilman Kopczynski felt the meeting should be held at the Morris Civic
Auditorium because of the public hearing on the German Township annexation and the fact that the
Clay annexation passed in June, 1973, was held at the auditorium in order to accommodate the
public. Councilman Newburn made a motion that the next meeting of the Common Council to be ,held
on March 25, 1974, at 6:00 p.m., be held at the Morris Civic Auditorium and, if not available,
the meeting would be held in the Council Chambers, seconded by Councilman Taylor. The motion
carried.
There being no. further business to come before the Council, unfinished or new, Councilman Miller
made a motion that the meeting be adjourned, seconded by Councilman Newburn. The motion carried,
and the meeting adjourned at 10:05 p.m.
ATTEST:
CIT CLERK
poll
. J
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