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HomeMy WebLinkAbout03-25-74 Council Special Meeting MinutesSPECIAL MEETING MARCH 25, 1974. SPECIAL MEETING e it remembered that the Common Council of the City of South Bend met in the Morris Civic uditorium, 211 North Michigan Street, on Monday, March 25, 1974, at 6:00 p.m., Council President eter J. Nemeth presiding. The meeting was called to order and the Pledge to the Flag was given. OF THE MEETING To: The Members of the Common Council Notice of Special Meeting of the Common Council You are hereby notified that there will be a special meeting of the Common Council of the City of South Bend, Indiana, on the 25th day of March, 1974, at 6:00 p.m., at the Morris Civic Auditorium, 211 North Michigan Street, for the purposes of the following: 1. Public Hearing and Second Reading on an Ordinance annexing certain land to the City of South Bend, Indiana (German, Clay and Portage Townships); and 2. Public Hearing and Second Reading on an Ordinance annexing to the City of South Bend certain territory contiguous thereto (German Township); and 3. First Reading on an Ordinance regulating salaries paid to city officials and employees; and 4. Appointment of members to the Crime Commission. The Chief of Police or any member of the Police Force is directed to serve a copy of this. notice to each member of the Common Council and make due return hereon. Dated: March 20, 1974 s/ Terry S. Miller s/ Frank Horvath sl Peter J. Nemeth s/ Roger 0. Parent s/ Walter T. Kopczynski Attest: s/ Irene K. Gammon City Clerk The within call came to hand this 22nd day of March, 1974, which I served by reading the same to each councilman upon the date designated. s/ Terry S. Miller s/ Roger 0. Parent s/ Walter T. Kopczynski s/ Odell Newburn s/ Peter J. Nemeth or by leaving a certified copy thereof at the last and usual place of residence of such members as I was unable to find, as follows: Mr. Frank Horvath Mr. Robert Taylor I PM.T. PAT.T. PRESENT: ABSENT: Mr. Joseph T. Serge s/ Capt. Fred Odusch Member of the South Bend Police Department Councilmen Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth. Councilmen Serge and Szymkowiak. Council President Nemeth stated that the Council was not going to vote on the proposed annexation ordinances. He indicated that input has been received from the administration and the Anti - Annexation Committee of German, Clay and Portage Townships. He further indicated that.the Council now wanted the citizens' views and opinions on the ordinances and the public hearing was being heR at this time for that reason. He concluded by stating that there would be no further public hearings on the proposed annexations. ORDINANCES, SECOND READING ORDINANCE AN ORDINANCE ANNEXING CERTAIN LAND TO THE CITY OF SOUTH BEND, INDIANA (GERMAN,. CLAY AND PORTAGE TOWNSHIPS). This ordinance had second reading. At this time, Councilman Horvath made a motion to suspend the rules and have second reading on the proposed annexation for German Township in order that both ordinances could be discussed at the same time, seconded by Councilman Kopczynski. The motion carried by a roll.call vote of seven ayes (Councilmen Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth) with Councilmen Serge and Szymkowiak absent. I nRnTNANC R AN ORDINANCE ANNEXING TO THE CITY OF SOUTH BEND CERTAIN TERRITORY CONTIGUOUS THERETO (GERMAN TOWNSHIP). This ordinance had second reading. Council President Nemeth asked that persons speaking for or against either annexation ordinance identify themselves and give their address for the record. SPECIAL MEETING MARCH 25, 1974 ECIAL MEETING (CONTINUED) Mr. Robert Parker, Assistant City Attorney, made the presentation for the ordinances. He stated that the smaller ordinance was within the limits of the larger annexation ordinance. He indicated that the area of the large proposed annexation was 15,552 acres or 24.3 square miles with 48.72% of the perimeter contiguous to the City of South Bend; while the smaller proposed annexation was approximately 3,830.0 acres or approximately 6 square miles with 41.92% of the perimeter contiguous to the City of South Bend. Mr. Parker stated that a fiscal plan and policy for furnishing services within three years has been prepared, and is evidenced by prior annexations that the city has enacted. The fiscal plan for the 24.3 square mile annexation was evidenced by the resolutions approved by the Board of Public Works, Board of Public Safety and Water Works Commissioners. Mr. Parker stated that the Board of Public Works adopted an amended resolution on March 18, 1974, the Board of Public Safety adopted an amended resolution on March 19, 1974, and the Board of Water Work; Commissioners adopted a resolution on November 19, 1973. The fiscal plan for the 6 square mile annexation was evidenced also by the resolutions approved by the Board of Public Works, Board of Public Safety and Water Works Commissioners. Mr. Parker indicated that the Board of Public Works adopted a resolution on March 18, 1974, the Board of Public Safety adopted a resolution on March 19 1974, and the Board of Water Works Commissioners adopted a resolution on March 18, 1974. Mr. Parker stated that, in both annexation proposals, the city would ,furnish services such as street maintenance, traffic control, street lighting, sanitation service, police and fire protection and water. Police and fire protection would take effect immediately upon the effective date of the annexation, and all other services would be provided within three years from the effective date of the annexation. Mr. Parker indicated that the plans that were adopted show the initial cost of the services and the resolutions show the basis upon which the funding would take place. The resolutioi also show the revenue to be received from the area by the city. Mr. Parker stated that the resolu- tions were a matter of public record and have been for quite some time. He stated that the city is required to show that these areas are needed and can be used by the city for future development within a reasonably near time in the future. He felt the ordinances met that criteria; the city does have need of residential land within the city and has need for additional lands for commercial and industrial purposes. He stated that this was shown in the land -use plan of the Area Plan Commission. Mr. Parker briefly commented on the land to be used for residential, commercial and industrial development. He stated that the city believed that, as it continued to grow and expand, these would be the areas in which such industrial and commercial growth would most likely occur. HE presented to the City Clerk the resolutions of the various boards and engineering studies that were enacted for both annexation ordinances. r. Philip Barkley, 50690 Portage Highway, Chairman of the Anti - Annexation Committee for Clay, German and Portage Township, thanked the audience for coming to the meeting. He felt that showed citizen participation in government. He indicated that data summaries on the proposals have been presented to the citizens, the Council and the press. He felt the meetings held by.the committee were objective, and he stated that a 15� rate increase for city residents would be felt if the annexation took place. He stated that the annexation of either parcel would be held up in court for quite some time. He proposed that the Council disapprove the 24 square mile annexation ordinance. He proposed that the committee be given additional time to obtain data on the 6 square mile annexation ordinance before any action is taken. He concluded by indicating that the annexa- tions were the Council's responsibility and the Council's decision. Mr. Don Blackmond, 17750 Waxwing Lane, an attorney practicing law at 1800 American National Bank Building, stated that he felt it was a privilege to be able to give legal counsel to the Anti - Annexation Committee regarding the ordinances. He indicated that the committee was well organized, and he was impressed that the Council had decided to withhold making its decision until a future time. He felt it would be possible to continue working through the committee and provide.the Council with the factual data needed in order to arrive at a decision. He indicated that the citizens of the affected area are very well organized and are opposed to the present proposals. He stated that, in the event that either of the ordinances are enacted as they now read, the committee and citizens would take the appropriate steps to obtain their legitimate redress by filing a remonstrance. If defeated, there is available to the citizens, in the event the city should not be able to provide services, the possibility of seeking civil redress as well. He stated that either alternative involves legal and financial responsibility for the city. He urged the Council to take the affirmative to vote nay for each of the ordinances as submitted. Mr. August Cooreman, 27431 U.S. 20, stated that he as not in favor of the annexation proposals. He felt neither the city nor the outlying areas would benefit from the annexations. He stated that the cost would be "outrageous" to the city to provide services to the thinly populated area. He felt the increase in taxes to the citizens in the proposed annexed areas would not justify the services provided. He asked that the Council vote against..both proposals. Mr. Dick Bratton, 50434 Portage Road, felt the reference in the newspapers of the "militant" people was very inaccurate. He did not feel the audience present at the meeting as a militant group of people. He felt annexation was needed for the growth of cities; however, it seemed to be contrary to his rights as a citizen. He asked if it was possible to get the views and opinions of the councilmen. He briefly talked about a proposal of annexation by petition from the property owners and wondered about this. Regarding land -use, he admitted he had mixed emotions about taking prime farmland into the city when there was such a shortage of agricultural areas. �ertaining ouncil President Nemeth asked that the City Attorney or Engineer answer Mr. Bratton's question to petitions for annexation when the audience was through speaking. r. William Griggs, 520 South Frances Street, stated that he lived in South Bend for 34 years. He ould not see any reason for taking a way of life away from the people that choose to live outside he city. He asked the Council to let the people have their democracy and vote against the proposa. r. Joseph Roper, 107 North Eddy, stated that he was the attorney representing the Martin B1ad Farm nc., Maurice and Margaret Matthys, Cyriel and Mary Matthys, Arthur Snyder and Margaret Snyder and osephine Jaworski. He stated that the land owned by his clients lies in the southerly part of the roposed annexed area, with the total acreage of such area approximately 2,338 acres of which appro: mately 2,289 acres are owned by his clients. He indicated that, concerning the 6 square mile nnexation proposal, his clients have accepted that; however, the 24 square mile annexation proposa. as not acceptable. He hoped the area owned by his clients could be excepted from the proposals. e talked about the amount of corn, oats, potatoes, etc. grown by his clients each year. He stated hat there was a natural resource in that area and it was one of the,most productive areas in the id -west. He stated that there were 17 dwellings on the 2,289 acres and many of those dwellings ere cottages furnished the workers for living quarters. He indicated that, in the entire 2,338 cres, 28 homes were located on the land. There were approximately 25 families in the 2,338 acre - ract. There would only be one person for each approximate 28 acres. He stated that approximately 9% of the land is devoted exclusively to agricultural. He felt the area would not be of value to ommercial or residential development because of the nature of the soil, it being muck and very roductive for agricultural uses. He did not feel the land was proper for buildings because of .s M SPECIAL MEETING MARCH 25, 1974 SPECIAL MEETING (CONTINUED) this. He read a letter written by Mr. Blad dated January 16, 1974, regarding the soil and collaps of structures built on the land and the amount of money needed to "de- muck" the land in order to make it suitable for residential or commercial structures. He felt the area was a "breadbasket" and should not be done away with. He stated that there was a real problem in bringing the area into the city. Within the city, only small truck farming and gardening was allowed. He felt this was impossible to do. Mr. Roper wondered about the spraying needed for the crops and the problem it would cause to residents living near the area. He felt the area was not conducive to be used for industrial, commercial or residential purposes. He asked that the 2,289 acre tract be excepte from the annexation. Mr. Richard Wasoski, 21943 Auten Road, read a letter submitted by the President of the Township Trustees Association to the Common Council, opposing the annexations unless it could be shown the annexations would equally benefit the citizens of the City of South Bend and the citizens of the affected area proposed to be annexed. He felt a great deal of land was being wasted for construction of large and expensive buildings, and the farms were diminishing greatly. He felt the city should be made attractive so people would want to move into the city without being forced to. Mr. John Lindstaedt, President of the St. Joseph County Fair Tax Association, residing at 54756 North Charles, expressed the feeling of the association that the people in the outlying areas should be given the right of a referendum vote on annexations. The association supported the residents of the townships and the residents of the City of South Bend i opposing the annexations. Ms. Margaret Hunkeler, 51188 Portage Highway, felt the townships add their part to the city through the environment they were preserving. She did not feel that the annexations would benefit the city or the township residents. She stated that the Area Plan Commission was supposed to be a body that helped the entire county, as well as the city; however, she felt the Area Plan Commission always talked about what was needed for the city only. She stated that, as a school teacher, she had always stressed that the people live in a democracy. She felt that the people would fight strongly for protection of their homes, rights and liberties. She felt that, when no concern was shown to people about their destiny, there were court fights and litigation and additional expenses. Dr. Helen Calvin, 103 South Eddy Street, stated that, within the last five years, there has always been a section of the county being threatened by pro- posed annexations. She talked about preservation of the farm lands and the amount of undeveloped property in the city. She asked that the Council look carefully at both ordinances and vote no. Mr. Keith Gillette, 19491 East Brick Road, stated that many minority groups "clamor for their rights" and their rights are given them. He stated that the residents of the townships were a minority group fighting for their basic rights. He felt the city was over- extended now. He felt this was basic to the whole question. Mr. Robert Ehninger, 50759 Orange Road, indicated that he was a farmer in the proposed area to be annexed, and this was his way of life. He hoped the area could be kept as farmland for the benefit of all persons in the city and outlying areas. Mr. Julius Farkas, residing on Portage Highway, talked about the pledge to the flag that was given at the start of the meeting and "freedom and justice for all ". He stated that the townships wanted t vote on the annexation. Mr. Charles Menyhart, 54760 Mayflower Road, stated that he had property in German Township and more property in the City of South Bend, and he felt he would be faced with nothing but more taxes in the city and the township. He talked about the South Bend Public Transportation Corporation and mentioned that the corporation was losing money. He talked about the money lost by the city on the parking garages and the failure of the trash program to operate on its own revenue. He asked that the empty stores along Michigan Street be filled. He concluded by stating that the annexations would be the Council's responsibility and he asked them to serious consider the matter. Mr. Ray Milliken, 54933 Quince Road, indicated that he was not in favor of the annexations because he felt it would not be of benefit to the city or the township. He felt the problems in the southeast side of the city should be corrected before the Council attempted to annex more land. Mr. Paul Rudbeck, 21275 Cleveland Road, talked about the growth of the airport and the fact that the people, some time ago, did not want additional growth with the National Guar Armory. He stated that part of the annexation was due to the expansion of the airport. He felt an expansion to the industrial area was needed but there were locations for that already without annexing more land. Mr. Lee Holcomb, 51180 Orange Road, talked about the services to be provided to the residents of the township. He stated that the services of sewer, water, fire and police protection were already available in the townships. He felt the city was abusing the civil rights of the residents of the township. He felt the city should concentrate on improving the city befor annexation of more land. Mr. Parker complied with Council President Nemeth's request for an explanation to Mr. Bratton's remarks about petitions for annexation. He stated that the law calls for 510 of the land owners to petition for annexation and then Council action is taken on the petition. He stated that one - eighth of the perimeter of the land must be contiguous; therefore, there are problems with petitio for annexations. He stated that petitions for annexation are usually for smaller areas, and many times the petitioners are barred from coming into the city if the area is not contiguous to the ci Council President Nemeth stated that the Council recognized the responsibility of the city in tryi to make a correct determination on the annexation proposals and dealing with a course of action to be taken on all other problems. He stated that the Annexation Committee has done much research and study on the large annexation. He stated that the Council has also discussed the matter. He appreciated the willingness of the people to cooperate in the matter, and he felt the Council woul try to do what is best for the majority of the people. Councilman Kopczynski made a motion that both annexation ordinances be referred to the Annexation Committee for further study, seconded by Councilman Parent. The motion carried. Council Presiden- Nemeth announced that the membership of the Annexation Committee would be expanded to include all Council members. Councilman Kopczynski made a motion to recess, seconded by Councilman Horvath. The motion carried and the Council recessed at 7:30 p.m.' Reconvened at 7:45 p.m. ORDINANCES, FIRST READING ORDINANCE AN ORDINANCE REGULATING SALARIES PAID TO CITY OFFICIALS AND EMPLOYEES. This ordinance had first reading. Councilman Miller made a motion that the ordinance be set for public hearing and second reading on April 8, 1974, seconded by Councilman Kopczynski. The motion carried. APPOINTMENTS TO CRIME COMMISSION Councilman Miller made a motion to appoint Mr. Howard Goodhew, Miss Virginia Guthrie, Mr. Dean Johnson and Mr. William R. Henke to the South Bend Crime Commission, seconded by Councilman Taylor The motion carried. -C SPECIAL MEETING PECIAL MEETING (CONTINUED) ouncilman Kopczynski made a motion to adjourn the meeting, seconded by Councilman Taylor. 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