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HomeMy WebLinkAbout03-11-68 Council Meeting MinutesREGULAR MEETING MARCH 11, 1968 Be it remembered that the Common Council of the City of South Bend, Indiana, met in the Council Chambers in City Hall on Monday, March 11, 1968 at 9:00 P.M. with all members present. The meeting was called to order by President Robert 0. Laven, who presided. ROLL CALL PRESENT: Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Wise, Palmer and Zielinski. ABSENT: None REPORT OF COMMITTEE ON MINUTES To the Common Council of the City of South Bend, Indiana: Your Committee on the inspection and supervision of the minutes would respectfully report that they have examined the minutes of the previous meeting of the Council and found them correct. They therefore recommend that the same be approved. /s/ Robert 0. Laven /s/ Janet S. Allen /s/ Albert E. Palmer Meeting of February 26, 1968 There being no objections, the report was accepted as read, and placed on file. REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend; Your Committee of the Whole to whom was referred "AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 (Location: West side Phillipa Street, in 1600 block) ". Respectfully report that they have examined the matter and that in their opinion the Ordinance go to the Council as favorable. /s/ William W. Grounds Chairman There being no objections, the report was accepted as read, and placed on file. REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: Your Committee of the Whole to whom was referred "AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA (Location: 805 -811 North Michigan St.) ". Respectfully report that they have examined the matter and that in their opinion the Ordinance go to the Council as favorable. s/ William W. Grounds Chairman There being no objections, the report was accepted as.!read, and placed on file. REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: Your Committee of the Whole to whom was referred "AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES, CALLINGS, INDUSTRIES, COMMERCIAL ENTERPRISES, AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIED USES; TO REGULATE AND LIMIT THE HEIGHT OF BUILDINGS HEREAFTER ERECTED OR ALTERED; TO REGULATE AND DETERMINE THE AREA OF YARDS AND OTHER OPEN SPACES ABOUT BUILDINGS; TO REGULATE AND DETERMINE THE DENSITY OF USE OF LAND AND LOT AREAS, AND FOR SAID PURPOSES TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE PENALTIES FOR THE VIOLATION OF ITS PROVISIONS AND TO PROVIDE FOR ITS ENFORCEMENT AND A BOARD OF ZONING APPEALS. WHEREAS, THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA DEEMS IT NECESSARY, IN ORDER TO CONSERVE THE VALUE OF PROPERTY IN THE CITY AND TO THE END THAT ADEQUATE LIGHT, AIR CONVENIENCES OF ACCESS AND SAFETY FROM FIRE AND OTHER DANGERS MAY BE SECURED, THAT CONGESTION OF THE PUBLIC STREETS MAY BE LESSENED OR AVOIDED, AND THAT THE PUBLIC HEALTH, SAFETY, COMFORT, CONVENIENCE, MORALS AND GENERAL WELFARE MAY OTHERWISE BE PRO- MOTED IN ACCORDANCE WITH A WELL CONSIDERED AND COMPREHENSIVE PLAN FOR THE USE AND DEVELOPMENT OF ALL PROPERTY THROUGHOUT THE CITY, AND WHEREAS, THIS ORDINANCE IS SUBSTANTIALLY SIMILAR TO ORDINANCE NO. 3702 OF THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS THE ZONING ORDINANCE OF SAID CITY, WHICH SAID ORDINANCE WAS ADOPTED ON JUNE 13, 1949, AND WHICH SAID ORDINANCE IS HEREBY REPEALED:' Respectfully report that they have examined the matter and that in their opinion the Ordinance go to the Council as favorable. /s/ William W. Grounds Chairman There being no objections, the report was accepted as read, and placed on file. REGULAR MEETING MARCH 11 1968 REPORT OF THE COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: Your Committee of the Whole to whom was referred "'AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WATER WORKS OF CITY OF SOUTH BEND, INDIANA, AND PATTEN INDUSTRIES, INCORPORATED, HAMMOND, INDIANA, FOR THE PURCHASE OF AN INDUSTRIAL TRACTOR WITH BACKHOE IN THE SUM OF $11,197.00 ". Respectfully report that they have examined the matter and that in their opinion the Ordinance go to the Council as favorable. /s/ William W. Grounds Chairman There being no objections, the report was accepted as read, and placed on file. REPORT OF THE COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: Your Committee of the Whole to whom was referred "AN ORDINANCE AMENDING SECTION 36 -6, RATES OF FARE, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA 1962, SAID ARTICLE BEING COMMONLY KNOWN AS THE TAXI CAB ORDINANCE': Respectfully report that they have examined the matter and that in their opinion the Ordinance be withdrawn. is/ William W. Grounds Chairman REPORT OF ORDINANCE COMMITTEE To the Common Council of the City of South Bend: Your Committee on Ordinances to whom was referred "AN ORDINANCE PROHIBITING CERTAIN PRACTICES OF DISCRIMINATION IN HOUSING ACCOMMODATIONS BECAUSE OF RACE, CREED, COLOR, NATIONAL ORIGIN OR ANCESTRY, AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. Respectfully report that they have examined the matter and that in their opinion the Ordinance be amended as follows: Wherever there appears a small case letter in parentheses that denotes a section break -down, that letter and the parentheses are to be deleted; insert, in its stead, the capital form of that letter with no parentheses. Section I - A - Line 3 Insert "full and" after the word "assure ". Line 7 Delete "real estate brokers, real estate salesmen and agents," and insert "and /or agents for owners, ". Delete "such" Line 8 Line 9 Delete "or agents." Insert "and /or agents for owners." Section I - B - Line 13 Delete "the Board of Realtors "; insert "all owners and /or agents for owners" . Line 14 Delete "of the City of South Bend, and individual members thereof," and insert 17who are, or may be, doing business in the City of South Bend, Indiana." Line 15 Insert"'," after word "Ordinance" Section II - B Delete this section in its entirety and insert the following: "B. DISCRIMINATE. The term discriminate or discrimination shall mean the exclusion from, or failure or refusal to extend to a person, equal opportunities because of race, creed, color, national origin or ancestry; the refusal to sell, show, rent, or make financing available in the acquisition of a housing accomodation because of the race, creed, color, national origin or ancestry of the buyer, renter or appli- cant; or to increase the selling price or rent of housing accommodation, or to impose additional terms in the buying, renting or financing of the purchase or improvement of a housing accommodation because of the race, creed, color, national origin or ancestry of the buyer, renter or applicant." REGULAR MEETING MARCH 1.1 1968 REPORT OF ORDINANCE COMMITTEE (continued Section II - C Line 30 After "thereof" insert "located within the territorial limits of the City of South Bend, Indiana," Section II - D Line 34 Delete "REAL ESTATE BROKER." and insert "AGENT." Delete "Real Estate" and insert "Agent" Line 35 Delete "Broker". Line 36 Delete "for" and insert "with or without" Section II - G After Line 46 Insert new section, as follows: "G. PERSONS. The term "person" or "persons" includes one or more individuals, partnerships, associa- tions, organizations, corporations, cooperatives, legal representatives, trustees, trustees in bankruptcy, receivers, lending institutions, and other organized groups of persons." Section II - H After II -G Insert new section, as follows: "H. COMPLAINANT. The term "com- plainant" means any individual charging on his own behalf to have been personally aggrieved by a discriminatory practice in connection with a housing accommodation." Section III - A,B,C,D,E,F,G,H Delete entire Section III in its entirety and, in its place, insert the following: "SECTION III. UNLAWFUL ACTS: "A. It shall be unlawful for any owner and /or agent for owner, or any other person or persons: "I. To publish or circulate, or cause to be published or circu- lated, any notice, statement or advertisement, or to adopt a policy or to use any form of application for the purchase, lease, rental or financing of a housing accommodation which expresses directly or indirectly any limitation or discrimination as to race, color, religion, or national origin or ancestry. "2. To discriminate in the sales price or rent of any housing accommodation. "3. To discriminate or participate in discrimination in connection with the lending, guaranteeing of loans, or the making available of funds for the purchase, acquisition, construction, rehabilitation, or improve- ment of any housing accommodation. "4. To solicit for sale, or lease any housing accommodation, or distribute, or cause to be distributed, written representation with the specific intent of inducing any owner of any housing accommodation to sell or lease his or her property because of the alleged loss of value of property because of the anticipated presence of persons of any particular race, color, religion or national origin or ancestry in any neighborhood. "5. To refuse to sell or rent, or to refuse in the showing or making available for inspection, any housing accommodation to a prospective buyer or renter because of race, color, religion, national origin or ancestry. "6. To participate in a transaction for the acquisition or financing of a housing accommodation where the purpose of such is to obtain information upon which a complaint could be filed before the Commission, or to seek a housing accommodation for one who is physically able to represent himself and a complaint is thereafter filed." Section IV - A and B Delete entire Section IV in its entirety and, in its place, insert the following: "SECTION IV. EXCEPTIONS: "The provisions of this ordinance as outlined in Section III, 5., shall not apply to rental property used as an housing accommodation, to include a dwelling house, apartment building or multiple facility of any sort, in which such rental property is occupied by an owner and when such property contains less than four housing unit$." Section V - A Line 107 Delete "agent," and insert "owner and /or agent for" REGULAR MEETING MARCH 11 1968 REPORT OF ORDINANCE COMMITTEE (continued) Section VI - Preceding Line 123 Delete "DUTIES OF THE COMMISSION:" in the section heading; Insert "'DUTIES OF THE COMMISSION IN RELATION TO THIS ORDINANCE:" "Line 123 Delete in its entirety; insert the following: "The Commission established by virtue of Ordinance No. 4820 -65 of the -Muinicipal. Code--of -the- -City oft SouthfMnd .,Indiana, is "the Commission empowered to carry out the functions and duties so designated under the provisions of this ordinance and it shall be the duty of the Commission to:" Section VI - B Line 128 After "orders," insert the following: "including orders rejecting any claims that may be, in the opinion of the Commission, without merit," Section VII - B Line 134 After "written" insert "and notarized" Section VII - D Line 152 Delete "The hearing shall " and insert the following: "The hearing may be conducted before the Commission at a duly held meeting of not less than a quorum of such Commissioners, or such hearing may be conducted before a hearing officer appointed by the Commission, which hearing officer shall be a member of the Commis- sion. Hearings conducted before the Commission, or a hearing officer, shall be conducted in an informal manner and without recourse to the technical common -law rules of evidence required in proceedings in judicial courts, and such manner of proof and introduction of evidence shall be deemed sufficient and shall govern the proof and decision of all questions of fact, if substantial, reliable and probative evidence supports such Commission's determination. The Commission shall, as a matter of policy, provide for the exclusion of irrelevant, immater- ial or unduly repetitious evidence. Every person who is a party to such proceedings shall have the right to appear in person or by counsel, to submit evidence in open hearing and shall have the right of cross - examination. Such hearings shall be held in the City Hall of the City of South Bend, Indiana." Line 153 Delete in its entirety. Line 154 Delete "(e)" and insert "F "; insert the following new section E before said section F: "E. In the event of such hearing before a hearing officer, as herein set forth, the recommendation of such hearing officer, together with the complete file, shall be submitted to and filed with the Commission. The Commission may hear additional evidence or refer it back to the hearing officer to hear such additional evidence. The Commission may adopt the recommendation of the hearing officer, amend or modify the same, or may make such order or determination as is proper on the record. Line 158 Delete "(f)" and insert "G." Line 161 Delete "(g) and insert "H.''" Line 163 Delete "shall" and insert "may" Line 164 After "cease" insert "and desist" Line 165 Delete "The Commission shall have power to" Line 166 Delete in its entirety. Line 167 Delete "(h)and insert "I." Delete "in the event the respondent refuses or fails" Line 168 Delete "to comply with any such order issued by the Commission." REGULAR MEETING MARCH 11, 1968 REPORT OF ORDINANCE COMMITTEE (continued) Continue as typed, but capitalize the "T" in "the ". Line 169 Delete "shall" and insert "may" Line 170 Capitalize "c" in "city"'; "d" in "department" and "1" in "law". Line 171 Insert period after "provided "; delete "and by appropriate action enforce -" Line 172 Delete in its entirety. Section VIII Line 173 Delete "(a) Any person "; insert "Any owner and /or agent for owner, or any other person" Line 174 Delete "or who shall fail, refuse or neglect to comply with any" Line 175 Delete "order or decision of the Commission" Section IX Line 177 Delete "(a)" Councilman Craven made a motion that the report of the Special Committee on Fair Housing be accepted and filed; that the recommended amendments be adopted in whole; that the ordinance be engrossed; and, that the engrossed ordinance be set for public hearing on March 25, 1968. Councilman Grounds seconded the motion, Motion carried, 7 ayes, ( Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, and Zielinski), 2 nay, (Council- man Palmer and Wise) 0 absent. ORDINANCES, THIRD READING ORDINANCE NO. 4988 -68 AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 ( Location: West side Phillipa Street, in 1600 block) The Ordinance was given third reading and passed by a roll call vote of 9 ayes, (Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Wise, Palmer and Zielinski), 0 nays, 0 absent. ORDINANCES, THIRD READING ORDINANCE NO. 4989 -68 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA (Location: 805 -811 North Michigan St.). The Ordinance was given third reading and passed by a roll call vote of 9 ayes, (Councilmen Laven, Alley Craven, Reinke, Grounds, Szymkowiak, Wise, Palmer and Zielinski),_.0 nays, 0 absent. ORDINANCES, THIRD READING ORDINANCE NO. 4990 -68 AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES, CALLINGS, INDUSTRIES, COMMERCIAL ENTERPRISES, AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIED USES; TO REGULATE AND LIMIT THE HEIGHT OF BUILDINGS HEREAFTER ERECTED OR ALTERED; TO REGULATE AND DETERMINE THE AREA OF YARDS AND OTHER OPEN SPACES ABOUT BUILDINGS; TO REGULATE AND DETERMINE THE DENSITY OF USE OF LAND AND LOT AREAS, AND FOR SAID PURPOSES TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE PENALTIES FOR THE VIOLATION OF ITS PROVISIONS AND TO PROVIDE FOR ITS ENFORCEMENT AND A BOARD OF ZONING APPEALS. WHEREAS, THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DEEMS IT NECESSARY, IN ORDER TO CONSERVE THE VALUE OF PROPERTY IN THE CITY AND TO THE END THAT ADEQUATE LIGHT, AIR CONVENIENCES OF ACCESS AND SAFETY FROM FIRE AND OTHER DANGERS MAY BE SECURED, THAT CONGESTION OF THE PUBLIC STREETS MAY BE LESSENED OR AVOIDED, AND THAT THE PUBLIC HEALTH, SAFETY, COMFORT, CONVENIENCE, MORALS AND GEN- ERAL WELFARE MAY OTHERWISE BE PROMOTED IN ACCORDANCE WITH A WELL CONSIDERED AND COMPREHENSIVE PLAN FOR THE USE AND DEVELOPMENT OF ALL PROPERTY THROUGHOUT THE CITY, AND REGULAR MEgTING MARCH 11 1968 ORDINANCES, THIRD READING (continued) WHEREAS, THIS ORDINANCE IS SUBSTANTIALLY SIMILAR TO ORDINANCE NO. 3702 OF THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS THE ZONING ORDINANCE OF SAID CITY, WHICH SAID ORDINANCE WAS ADOPTED ON JUNE 13, 1949, AND WHICH SAID ORDINANCE IS HEREBY REPEALED. The Ordinance was given third reading and passed by a roll call vote of 9 ayes, (Laven, Allen, Craven, Reinke Grounds Szymkowiak Wise Palmer and Zielinski) 0 nays, 0 absent. ORDINANCES, THIRD READING . ORDINANCE NO. 4991 -68 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WATER WORKS OF THE CITY OF SOUTH BEND, INDIANA, AND PATTEN INDUSTRIES, INCORPORATED, HAMMOND, INDIANA, FOR THE PURCHASE OF AN INDUSTRIAL TRAC- TOR WITH BACKHOE IN THE SUM OF $11,197.00. The Ordinance was given third reading and passed by a roll call vote of 9 ayes, (Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Wise, Palmer and Zielinski), 0 nays, 0 absent. ORDINANCES, FIRST AND SECOND READING AN ORDINANCE AMENDING SECTION 36 -9, RATES OF FARE OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1962, SAID ARTICLE BEING COMMONLY KNOWN AS THE TAXICAB ORDINANCE. The Ordinance was given first reading by title.and second reading in full. Councilman : Szymkowiak made a motion that the Ordinance be set for public hearing on April 8, 1968. Councilman Craven seconded the motion. Motion carried. RESOLUTION NO. 178 -68 A RESOLUTION FOR AN ADDITIONAL APPROPRIATION IN ACCOUNT P -264 (VETERINARIAN SERVICES) OF THE POLICE DEPARTMENT, IN THE AMOUNT OF $300.00 AND THE TRANSFER OF THE SAME FROM ACCOUNT P -261 "MECHANICAL ASSISTANCE" ALL IN THE SAME CATEGORY AND WITHIN THE GENERAL FUND WHEREAS, certain extraordinary conditions have developed since the adoption of the existing annual budget, so that it is now necessary to appropriate more money than was appropriated in the annual budget for the various functions of City Government to meet such extraordinary contingencies; and WHEREAS, additional funds for veterinarian services are urgently needed by the Police Department to assure its Ability to properly perform its function and the sum of $300.00 is needed forthwith; and WHEREAS, a surplus exists in another account where it is not presently needed, and more specifically as follows, to -wit: $300.00 in Account P -261 designated as "Mechanical Assistance." NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, that the sum of $300.00 be transferred from Account P -261, designated as "Mechanical Assistance" to Account P -264 designated as "Veterinary Services," both of said accounts being in the same category- "Services Contractual" and being within the General Fund. /s/ Frederick D. Craven Lloyd-Taylor, City Engineer spoke in favor. Councilman Szymkowiak made a motion that the Resolution be adopted by a roll call vote. Councilman Palmer seconded the motion. Motion carried. The Resolution was adopted by a roll call vote of 9 ayes, (Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Wise, Palmer, and Zielinski). 0 nays, 0 absent. UNFINISHED BUSINESS Councilman Wise called attention to the fact that many complaints had been made to him recently regarding packs of dogs running at large in the City. He requested that the Council take some action on the matter. Councilman Allen supported Councilman Wise in his request. President Laven than asked that Councilman Wise contact the Police Department and inquire as to the necessary steps to be taken toward the elimination of this problem. NEW BUSINESS Councilman Craven presented the theory that all city cars should be plainly marked with the City Seal. Councilman Allen requested that the Ordinance Committee consider the proposal of an ordinance requiring all City Automobiles to be so marked. President Laven assured Councilman Allen that the Ordinance Committee would accept her request for consideration. 29 There being no further business to come before the Council, the meeting was adjourned. Time: 9:40 P.M. ATTEST: APPROVED: 1-1� LERK PRESIDENT