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HomeMy WebLinkAbout04-28-69 Council Committee of the Whole Meeting MinutesCOMMITTEE OF THE WHOLE APRIL 28, 1969 COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend, Indiana. met in the Committee of the Whole in the Council Chambers of City Hall on Monday, April 28, 1969, at 8:00 p.m., eight members present. Councilmen Allen, Craven, Grounds, Laven, Reinke, Szymkowiak, Wise, and Zielinski. One member absent, Councilman Palmer. The invocation was given by Reverend J. Robert Clark, United Methodist Church, 3012 S. Twyckenham Drive, South Bend, Indiana. The meeting was called to order by Chairman, William Grounds, who presided. ORDINANCE AN ORDINANCE AMENDING SECTIONS 40 -27 AND 40 -28 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1962, AS AMENDED , ALSO KNOWN AS SECTIONS 10 AND 11 OF ORDINANCE NO. 4990, THE ZONING ORDI- NANCE OF THE CITY OF SOUTH BEND, INDIANA AS AMENDED. This being the time heretofore set for public hearing on the above Ordinance, proponents and opponents were given an opportunity to be heard thereon. Mr. Richard Johnson, Staff member of the Area plan Commission stated that the proposed Ordinance was initiated by the Area Plan Commission after discussing the side lot requirements change with Mr. Forrest West, Building Commissioner, and local contractors. He requested the Council take favorable action on the Ordinance. Mr. Donald Jankowski, President, Home Builders Association, said cost of lots are going up, to as high as $90 a front foot, and the zoning code will save home buyers money. In reply to Virginia Guthrie, South Bend Civic Planning Assoc. and Councilman Szymkowiak, Mr. Lloyd Taylor, City Engineer,stated that this ordinance only concerns lots 50 feet or more in width and covers attached garage lots, or if you do not have an attached garage, you have to leave 12 feet. This ordinance reduces the side -yard distance requirement from 30 per cent to 20 per cent of the frontage on lots recorded after 1949 explained Mr. Taylor. Councilman Allen made a motion that the Ordinance go to the Council as favorable. Councilman Zielinski seconded the motion. Motion carried. ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WATER WORKS OF THE CITY OF SOUTH BEND, INDIANA, AND MIDWEST JANITOR SERVICE AND SUPPLY, INCORPORATED, SOUTH BEND INDIANA, FOR JANITORIAL SERVICES IN THE SUM OF $5,700.00. _: This being the time heretofore set for public hearing on the above Ordinance, proponents and opponents were given an opportunity to be heard thereon. Mr. John Hunter, Water Works Superin- tendent spoke in favor of the Ordinance, explaining they have had difficulty getting maintenance work done outside his offices. This contract is to run from April 1, 1969 to April 1, 1970. Councilman Szymkowiak asked if the Water Works had a Janitor; Mr. Hunter replied negatively. Miss Virginia Guthrie suggested that the Water Works Budget be given a public hearing. Councilman Laven made a motion that the Ordinance go to the Council as favorable. Councilman Zielinski seconded the motion. Motion carried. ORDINANCE AN ORDINANCE AMENDING SECTION 25 -60 OF SECTION 59 OF CHAPTER 29 OF THE CODE OF 1949, AS AMENDED (PARKING METERS) This being the time heretofore set for public hearing on the above Ordinance, proponents and opponents were given an opportunity to be heard thereon. Mr. Lloyd Taylor, City Engineer said the purpose of this ordinance was to increase revenues from the meters to help support the proposed bond issue to finance the garage construction as recommended by the financial firm of Paul D. Spears & Associates, 20 Wacker Drive, Chicago, Ill. Councilman Grounds stated that he was going to offer an amendment to the Ordinance, changing Section la to read one -cent coin rather than five -cent coin. Councilman haven then read the Ordinance Committee*to the Council as follows: report Committee Report To the Common Council of the City of South Bend: Your Committee, The Ordinance Committee,to whom was referred an Ordinance amending Section 25 -60 of Section 59 of Chapter 29 of the Code of 1949, as amended. (Parking Meters) Respectfully report that they have examined the matter and that in their opinion the Ordinance should remain as presented. They also advise that it is also recommended that a letter be forwarded to the City Controller advising a need for an additional appropriation for the replace- ment of necessary parking meters. R. 0. Laven, Chairman COMMITTEE OF THE WHOLE APRIL 28, 1969 COMMITTEE OF THE WHOLE MEETING (Continued) Councilman Laven then read his letter sent to Mr. James A. Bickel, City Controller. Mr. James A. Bickel City Controller City of South Bend South Bend, Indiana Dear Mr. Bickel: Upon a recommendation of the Ordinance Committee, I am writing in their behalf, stating that in order to comply with the Ordinance amending Section 25 -60 of Section 59 of Chapter 29 of the Code of 1949, as amended, if passed by the Common Council, the following will have to be done: An additional appropriation may be necessary for the purchase of parking meters to replace the two -hour dual -type meters presently installed throughout the city.' This appropriation is necessary, subject to the passage of this Ordinance, because these meters cannot be corrected to comply with its provisions on parking meter rates. Robert 0. Laven Chairman - Ordinance Committee ROL /cv Mr. Glen Vories, 214 E. Ewing Avenue, South Bend, objected to the increase in parking meter rates and said the extra nickel will drive motorists away from downtown. Mr. Jack C. Dunfee, Jr., Attorney, representing the South Bend Parking Company, which operates downtown parking lots, said the meter increase really amounts to a tax, because meter funds ordinarily used for purposes that helped keep the tax rate down, now will have to be made up in some other way. With the rate boost, anticipated meter revenues will increase from about $120,000 a year to $170,000 Mr. Lloyd Taylor, City Attorney, said. Councilman Allen said the two structures will be in direct competition with the city's bus system by encouraging residents to drive their own cars downtown instead of using buses. Councilman Szymkowiak said the meter fee raise was not smart and also said if the downtown merchants want to push this, why didn't they form a corporation and build their own parking g Councilman Wise stated he was still opposed to the increase because the Council was doing some they said they would not do- -using money other than garage income to pay for the facilities. Mr. Roman J. Kowalski, 802 Birchwood Dr., charged that the city is undertaking too many losing projects and cited the bus system. He said he thought building of the garages should be left to private enterprise. Mr. Alvin Reeder, Superintendent of the parking meter department, said the 36- minute meters, at one -cent for 12 minutes in frortof the South Bend Supply Company were there five years ago when he became superintendent. Councilman Allen stated that she wanted to go on record as recommend- ing that these meters remain as they are. Councilman Laven objected to her statement, and said this was a Board of Works decision. Councilman Grounds made a motion to amend the Ordinance to read (Section-'.I a) "Parking or standing a vehicle in a designated space in a parking meter zone shall be lawful for twelve minutes upon deposit of a one - cent," Councilman Allen seconded the motion. Motion carried. ICouncilman Craven made a motion that the Ordinance go to the Council favorable as amended. Councilman Reinke seconded the motion. Motion carried. II nDnTWaMOW AN ORDINANCE AMENDING SECTION 25 -66 OF SECTION 65 OF CHAPTER 29 OF THE CODE OF 1949, AS AMENDED, PROVIDING A PENALTY FOR THE VIOLATION OF SAID ORDINANCE. This being the time heretofore set for public hearing on the above Ordinance, proponents and opponents were given an opportunity to be heard thereon. Mr. Max Jena, South Bend Taxpayer asked why two weeks ago it was necessary to raise this to $3.00 and this week lower the fine to $1.00. Councilman Laven replied that this is for the repeated violater who feeds the meter- -they will receive compound tickets. Councilman Grounds said it would be a mistake to fine someone $3.00 who was late coming back to the meter from a doctors appointment - -this ordi- riance was designed for the persons who always violate the parking meter time limit. Councilman Craven stated if a car sets in the parking zone, it will be towed away. Councilman Szymkowiak said this Ordinance will eliminate "curb hogs ". 1_f COMMITTEE OF THE WHOLE APRIL 28, 1969 COMMITTEE OF THE WHOLE MEETING ORDINANCE (Continued) Councilman Laven instructed the Clerk to read the Ordinance Committee Report as follows: Committee Report April 24, 1969 To the Common Council of the City of South Bend: Your Committee The Ordinance Committee, to whom was referred an Ordinance amending Section 25 -66 of Section 65 of Chapter 29 of the Code of 1949, as amended, providing a penalty for the violation of said Ordinance. (Parking Tickets) Respectfully report that they have examined the matter and that in their opinion the Ordinance should be amended as follows: 1. In Section 1, line 5, after the word "division "delete phrase "shall find that Sections 25 -57, 25 -58, 25 -59, or 25 -60; and insert the following: "shall find that Sections 33, 35, 36, 40 through 50, inclusive and 56 through 61, inclusive, of Article III of Chapter 25 of the South Bend Municipal Code" 2. In line 5 of the 3rd paragraph Section 1, delete the words "three dollars" and substitute the words "one dollar." 3. Paragraph 6, Section 1 is to be deleted in its entirety. R. 0. Laven, Chairman Councilman Laven made a motion that the amendment be adopted-by the Council. Councilman Craven seconded the motion. Motion carried. Councilman Laven made a motion that the Ordinance go to the Council favorable as amended. Councilman Zielinski seconded the motion. Motion carried. Councilman Allen made a motion that a 5- minute recess be taken. Motion was over - ruled. ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION TO ACCOUNT P -23 "INSTRUCTION" IN THE AMOUNT OF $500.00 AND THE TRANSFER OF SAID SUM FROM ACCOUNT P -11, "SERVICES PERSONAL" AND FOR AN ADDITIONAL APPROPRIATION TO ACCOUNT P -213, "TRAVEL EXPENSE ", IN THE AMOUNT OF $2000.00 AND THE TRANSFER OF SAID SUM FROM ACCOUNT P -11, "SERVICES PERSONAL ", IN THE POLICE DEPARTMENT, ALL BEING WITHIN THE GENERAL FUND. This being the time heretofore set for public hearing on the above Ordinance, proponents and opponents were given an opportunity to be heard thereon. Police Chief Thomas H. McNaughton said this bill appropriating $2,500 in the Police Department to finance the attendance of policemen at training schools. He explained that about 50 veteran, experienced policemen, retired in the last two years and the new, younger men need the training. Only $6.00 is left of the $5,500 budget this year for instruction and travel expense. Councilman Reinke made a motion that the Ordinance go to the Council as favorable. Councilman Szymkowiak seconded the motion. Motion carried. There being no further business to come before the Committee of the Whole, Councilman Reinke made a motion to adjourn and take a short recess. Councilman Allen seconded the motion. Motion carried. Time: 10:00 p.m. ATTEST: RK APPROVED: CHAIRMAN