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HomeMy WebLinkAbout03-25-74 Council Meeting Minutes++++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++ .....++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++ REGULAR MEETING MARCH 25, 1974 Be it remembered that the Common Council of the City of South Bend met in the Morris Civic Auditorium, 211 North Michigan Street, on Monday, March 25, 1974, at 7:51 p.m., Council President Peter J. Nemeth presiding. The meeting was called to order and the Pledge to the Flag was given. CALL PRESENT: Councilmen Miller, Parent, Taylor Kopczynski, Horvath, Newburn and Nemeth. ABSENT: Councilmen Serge and Szymkowiak. ncilman Kopczynski made a motion to resolve into the Committee of the Whole, seconded by ncilman 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 25, 1974, at 7:52 p.m., with seven members present and two members absent. Chairman Odell Newburn presided. ORDINANCE AN ORDINANCE AMENDING CHAPTER 20, VEHICLES AND TRAFFIC, 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. Robert J. Urban, Chief of Police, made the presentation for the ordinance in Mr. Gallagher's absence. He explained that Mr. Gallagher had planned to make the presentation but that he had not arrived at the meeting as yet because he had thought the annexation hearings would be quite lengthy. Chief Urban indicated that the proposed ordinance was drafted at the suggestion of the Police Department because of the number of thefts of bicycles. He stated that many other cities have similar programs of bike tagging, etc. He stated that the serial numbers have gone on computer, and the proposed ordinance would mandate 'that each bike be registered and issued a special tag. The serial number would be registered with the Police Department and put into the computer. A charge of $1.00 would be required for a three -year license to cover the cost of the tags and forms. Chief Urban indicated that the balance of the funds would be turned back into the General Fund. Mrs. Frederick Mutzl, 320 Parkovash, a member of the St. Joseph County Fair Tax Association, indicated that the ordinance provides that the bikes would be impounded if the license and tag was not obtained. She wondered who would be charged with enforcing this section. She wondered how the bikes would be picked up. Chief Urban stated that the bikes would be transported in squad cars and a Street Department unit was available for this purpose. Mrs. Mutzl indicated that the dog ordinan was not enforceable, likewise the weed and trash ordinance. She wondered if this ordinance would b enforceable and she questioned the need for the proposed ordinance. Mr. Gene Evans, Executive Secretary of the Civic Planning Association, referred to Section 20 -31 (a)(1). He wondered about including three -wheel bicycles to be registered. Chief Urban felt the ordinance should be amended to include the three - wheelers. Mr. Evans stated that, according to the ordinance, any monies remaining in the fund were to stay in the fund. He wondered about Chief Urban's statement that the monies would be going into the General Fund,. Mr. Walter Lantz, Deputy City Controller, clarifi the situation. He stated that the ordinance proposes to set up a new fund and any expenditures would have to be appropriated by the Council. He stated that the General Fund should not have been mentioned. Council President Nemeth stated that he had advised Mr. Gallagher that -the proposed ordinance would probably not be heard until about 10:00 and that was the reason Mr. Gallagher was not present for the presentation of the ordinance. He then asked if it was legal to set up the bike fund. He wondered about confiscation of the bikes and penalties. He asked about a publica- tion clause and wondered if it would be considered a misdemeanor if the tag was not purchased and the bike not licensed. Mr. Robert Parker, Assistant City Attorney, felt the publication clause should be included in the ordinance. Councilman Miller asked about the value of creating a special fund, and Mr. Lantz suggested that this decision be left up to the Council. He stated that there was no specific value to creating a special fund. Councilman Miller referred to the statement made by Mrs. Mutzl regarding non - enforcement of the dog and weed and trash ordinances. He disagreed with her statement, indicating that he felt the trash ordinance was effective because of the many cases being handled and the weed problems being solved. He also felt the dog ordinance was effec- tive. Councilman Parent stated that the Public Safety Committee had met regarding the proposed ordinance and recommended that it be accepted by the Council. He felt that one of the problems with enforcement dealt with the manner in which the ordinances were prepared. He felt many of the city ordinances were outdated but were being brought up to date. Councilman Kopczynski made a moti that the ordinance go into the Committee of the Whole. The motion lost due to lack of a second. Councilman Taylor stated that a publicity campaign would be conducted through the schools beginning April 1 and running through May 31. He felt an effective date of June 1 should be inserted into the ordinance. He also felt the ordinance was merely "a tightening -up procedure ". He stated that bikes would be computerized in an effort to reduce the theft of the bikes. He felt there should be certain amendments to the ordinance, one such amendment being that three - wheelers should be includes and the inches in diameter should be 16 inches rather than 20 inches. Council President Nemeth fell that, whenever new ordinances are passed and there are other ordinances on record, the previous ordinance should be repealed. 04 REGULAR MEETING MARCH 25t 1974 ICOMMITTEE OF THE WHOLE MEETING (CONTINUED) Council President Nemeth made a motion that the ordinance be continued to the April 8th meeting and also referred to the Public Safety Committee, seconded by Councilman Kopczynski. 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 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 present van used by the Engineering Department to transport personnel and equipment for surveying purposes had in excess of 60,000 miles on it and is inoperable. He stated that the van was in need of extensive body work, compression in the cylinders was low and the ignition and electrical system was in need of extensive repair. Councilman Kopczynski asked what would be done with the present vehicle, and Mr. Farrand indicated that he would offer it in trade on the new van. Councilman Kopczynski wondered how the amount of $2,918.38 was arrived at, and Mr. Farrand stated that bids had been received and approved subject to Common Council approval. The amount requested included trade -in of the present vehicle. Councilman Kopczynski asked about the make and model of the vehicle to be purchased. Mr. Michael Vance, Fiscal Officer, stated that the new van was a one -half ton van and would be purchased from Gates Chevrolet as they were the low bidder. He indicated that trade -in of the present van was approximately $200, and he felt the van was worth only $200, if that. Councilman Miller asked if this was one of the items the Council had cut from the budget in 1973, and Mr..Vance stated that ii was. Councilman Kopczynski asked if there were any other vehicles in the fleet that could be used for surveying purposes, and Mr. Farrand indicated that there were no available vehicles. Councilman Miller made a motion that the ordinance go to the Council as favorable, seconded by Councilman Parent. The motion carried. There being no further business to come before the Committee of the Whole, Councilman Taylor made a motion to rise and report to the Council, seconded by Councilman Miller. The motion carried. ATTEST: CITY CLERK IREGULAR MEETING - RECONVENED ATTE CHAIRMAN Be it remembered that the regular meeting of the Common Council of the City of South Bend, Indiana, reconvened in the Morris Civic Auditorium at 8:17 p.m., Council President Nemeth presiding and seven 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 March 11, 1974, 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 Kopczynski. The motion carried. REPORT FROM THE COMMITTEE OF THE WHOLE Councilman Kopczynski 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 seven ayes (Councilmen Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth) with Councilmen Serge and Szymkowiak absent. REPORTS FROM AREA PLAN COMMISSION The Honorable Common Council City of South Bend County -City Building South Bend, Indiana 46601 March 20, 1974 In Re: Petition of Builder's United (Charles Howell) to zone from "D" Light Industrial, "C" Height and Area, to "B" Residential, "B" Height and Area, property located at 2503 Linden Avenue, City of South Bend. Gentlemen: The attached rezoning petition of Builder's United was legally advertised March 9 and March 16, 1974. The Area Plan Commission gave it a public hearing March 19, 1974, at which time the following action was taken: REGULAR MEETING MARCH 25, 1974 MEETING - RECONVENED (CONTINUED) ORT FROM AREA PLAN COMMISSION (CONTINUED) "Upon a motion by Joseph Bajdek, seconded by Robert Lehman and carried, with Rollin Farrand and Roger Parent voting "No "., the petition. of Builder's United (Charles Howell) to zone from "D" Light Industrial, "C" Height and Area, to "B" Residential, "B" Height and Area, property located at 2503 Linden Avenue, City of South Bend, is unfavorably recommended to the Common Council as the petition is not signed by the petitioner or the owner, the proposed rezoning is totally different from the surrounding zoning district, and wide spread "spot" zoning -of this nature will establish a pattern of haphazard development, and does nothing to correct or retard blight and create stability to the neighborhood." The Plan Commission recognizes the need for new housing in the Model Cities area but feels it should be within residential neighborhoods where the purchasers of the property can be guaranteed that industrial or commercial uses will not develop on either or both sides of them. The Commission, therefore, is of the opinion that since the land use plan for the Model Cities area indicates this site and the surrounding area should be used for high density residential development, a larger area including this site should be rezoned to "B" Residential or left as "D" Light Industrial. It was the general tenor of the conversation that the entire neighborhood should be zoned to the same classification. The staff of the Commission was directed to review this concept with the Model Cities staff and, if agreeable to them, the Area Plan Commission will initiate a petition to rezone to "B" Residential that land fronting on both sides of Linden Avenue located west of Meade Street and presently zoned "D" Light Industrial. Such a petition, if agreeable to all parties, would insure that the proposed residential use for the site in question would be compatible with the use or re -use of the adjacent parcels, thereby insuring stability to the area. The rezoning of the subject site to "B" Residential without a similar rezoning of the adjacent properties would create an undue hardship upon the purchaser of the subject property. The Commission's suggestion to rezone the larger area would provide for all parties concerned to express their opinion on the matter. 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 apart of this report. RSJ /ch attach. Very truly yours, s/ Richard S. Johnson Executive Director ouncilman Taylor made a motion to set the ordinance referred to in the report for public hearing nd second reading on April 8, 1974, seconded by Councilman Kopczynski. The motion carried. The Honorable Common Council March 20, 1974 City of South Bend County -City Building South Bend, Indiana 46601 In Re: Petition of Builder's United (Charles Howell) to zone from "D" Light Industrial, "C" Height and Area, to "B" Residential, "B" Height and Area, property located at 2519 Linden Avenue, City of South Bend. Gentlemen: The attached rezoning petition of Builder's United was legally advertised March 9 and March 16, 1974. The Area Plan Commission gave it public hearing March 19, 1974, at which time the following action was taken: "Upon a motion by Joseph Bajdek, seconded by Robert Lehman and carried, with Rollin Farrand and Roger Parent voting "No ", the petition of Builder's United ..(Charles Howell) to zone from "D" Light Industrial, "C" Height and Area, to "B" Residential, "B" Height and Area, property located at 2519 Linden Avenue, City of South Bend, is unfavorably recommended to the Common Council as the petition is not signed by the petitioner or the owner, the proposed rezoning is totally different from the surrounding zoning district, and wide spread "spot" zoning of this nature will establish a pattern of haphazard development, and does nothing to correct or retard blight and create stability to the neighborhood." The Plan Commission recognizes the need for new housing in the Model Cities area but feels it should be within residential neighborhoods where the purchasers of the property can be guaranteed that industrial or commercial uses will not develop on either or both sides of them. The Commission, therefore, is of the opinion that since the land use plan for the Model Cities area indicates this site and the surrounding area should be used for high density residential development, a larger area including this site should be rezoned to "B" Residential or left as "D" Light Industrial. It was the general tenor of the conversation that the entire neighborhood should be rezoned to the same classification. The staff of the Commission was directed to review REGULAR MEETING MARCH 25, 1974 MEETING - RECONVENED (CONTINUED) ORT FROM AREA PLAN COMMISSION (CONTINUED) this concept with the Model Cities staff and, if agreeable to them, the Area Plan Commission will initiate a petition to rezone to "B" Residential that land fronting on both sides of Linden Avenue located west of Meade Street and presently zoned "D" Light Industrial. Such a petition, if agreeable to all parties, would insure that the proposed residential use for the site in question would be compatible with the use or re -use of the adjacent parcels, thereby insuring stability to the area. The rezoning of the subject site to "B" Residential without a similar rezoning of the adjacent properties would create an undue hardship upon the purchaser of the subject property. The Commission's suggestion to rezone the larger area would provide for all parties concerned to express their opinion on the matter. 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 attach. Very truly yours, s/ Richard S. Johnson Executive Director (Councilman Taylor made a motion to set the ordinance referred to in the report for public hearing and second reading on April 8, 1974, seconded by Councilman Newburn. The motion carried. (REPORT FROM THE DIRECTOR OF THE DEPARTMENT OF ADMINISTRATION AND FINANCE Councilman Newburn made a motion to waive the report, 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. (ORDINANCES, SECOND READING ORDINANCE AN ORDINANCE AMENDING CHAPTER 20, VEHICLES AND TRAFFIC, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA. Councilman Kopczynski made a motion that the ordinance be continued to the April 8th, 1974, regul meeting and also referred to the Public Safety Committee, seconded by Councilman Taylor. The mot carried. ORDINANCE NO. 5649 -74 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 second reading. Councilman Parent made a motion that the ordinance pass, seconded by Councilman Kopczynski. The ordinance passed by a roll call vote of seven ayes (Councilmen Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth) with Councilmen Serge and Szymkowiak absent. RESOLUTION A RESOLUTION FINDING AND ADJUDGING THAT THE FINANCING OF FACILITIES FOR GENERAL SHEET METAL, INC., BY THE ISSUANCE BY THE CITY OF SOUTH BEND, INDIANA, OF ITS ECONOMIC DEVELOPMENT REVENUE BONDS PERTAINING TO SUCH FACILITIES FOR SUCH ENTITY WILL BE OF BENEFIT TO THE HEALTH OR WELFARE OF THIS MUNICIPALITY, AND APPROVING THE FINANCING THEREFOR. Councilman Kopczynski made a motion to continue the resolution to the April 8, 1974, meeting, seconded by Councilman Taylor. The motion carried. (ORDINANCES, FIRST READING ORDINANCE AN ORDINANCE APPROVING THE FORM AND TERMS OF LEASE AND TRUST INDENTURE AND ECONOMIC DEVELOPMENT REVENUE BONDS, AND AUTHORIZING THE EXECUTION THEREOF PERTAINING TO GENERAL.SHEET METAL, INC. Councilman Kopczynski made a motion to continue the first reading of the ordinance to the April 8, 1974, meeting, seconded by Councilman Taylor. The motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $46,126.00 FROM THE FEDERAL ASSISTANCE GRANT COMMONLY REFERRED TO AS GENERAL REVENUE SHARING, FOR VARIOUS PUBLIC SAFETY PRO - GRAMS, TO BE ADMINISTERED BY THE CITY OF SOUTH BEND THROUGH ITS DEPARTMENT OF PUBLIC SAFETY. This ordinance had first reading. Councilman Parent made a motion that the ordinance be set for public hearing and second reading on April 8, 1974, seconded by Councilman Taylor. The motion carried. r,"-,* 4 REGULAR MEETING MARCH 25, 1974 MEETING - RECONVENED (CONTINUED) ?RIVILEGE OF THE FLOOR Council President Nemeth thanked Mr. Jessup and Mrs. Wartha for making the necessary arrangements to hold the meeting at the Morris Civic Auditorium. rs. Frederick Mutzl, 320 Parkovash, again brought up the subject of enforcement of the city's rdinances. She wondered how many dogs were actually licensed as mandated by the code. Mr. Frederick Mutz1, 320 Parkovash, asked about fire protection in the downtown mall area. Council President Nemeth stated' that, according to the Department of Redevelopment, there is a lane down the center of the mall to accommodate fire trucks if needed. He stated that this was required for fire and safety purposes. 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 Kopczynski. The motion carried and the meeting adjourned at 8:27 p.m. WEST: MAE Ell 21 M1001, M I �11 i m 1W ++++++++++++++++++++++++++++++++++++ +f + + + + + +f + + + + + + + + + + + + + + + + + + + + ++ s