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HomeMy WebLinkAbout09-22-69 Council Committee of the Whole Meeting MinutesCOMMITTEE OF THE WHOLE MEETING September 22, 1969 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, September 22, 1969 at 8:00 p.m. with all members present. The invocation was given by Reverend J. Robert Clark, United Methodist Church, South Bend, Indiana. The meeting was called to order by Chairman, William W. Grounds, who presided. ORDINANCE AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA - 1962, SECTION 40 AS AMENDED AND GENERAL ORDINANCE NO. 4990 -68, AND THE ACCOMPANYING MAP THERETO, GENERALLY KNOWN AS THE SOUTH BEND ZONING ORDINANCE BY CHANGING THE CLASSIFICATION OF THE USE DISTRICT FOR A CERTAIN PARCEL OF LAND.0516 E. Jefferson Blvd.) This being-the time heretofore set for public hearing on the above Ordinance proponents and opponents were given an opportunity to be heard thereon. Attorney Alex Cholis spoke in behalf of the petitioners, Mr. Thomas Hickey and Mr. Frank Brazeau. He explained the building was to be used as a showing parlor and mortician work would not be done there. He answered various questions from Councilmen Wise, Laven,Reinke and Szymkowiak concerning the.type of fence to be erected around the property and also the type of zoning requested. Councilman Reinke made a motion the Ordinance go to the Council as favorable. Councilman Szymkowiak seconded the motDn. Motion was defeated. 3 ayes,(Councilmen Zielinski, Szymkowiak and Reinke) 6 nays, (Councilmen Laven, Craven, Grounds, Wise, Allen and Palmer) Councilman Wise asked Mr. Cholis if a 6 foot fence was going to be installed. Mr. Cholis stated a 6 foot fence would be erected . Councilman Allen made a motion that the site plan be revised to show a 6 foot fence installation. Councilman Laven seconded the motion. Motion carried. 8 ayes,(Councilmen Laven, Reinke, Szymkowiak, Grounds, Allen, Palmer, Szymkowiak, Wise) 1 nay, (Councilman Craven). (Further action was not taken) ORDINANCE AN ORDINANCE ANNEXING TERRITORY TO THE MUNICIPAL CITY OF SOUTH BEND, INDIANA, WHICH IS GENERALLY DESCRIBED AS LIBERTY HIGHWAY (ST. RD. #23), BY -PASS AND GERTRUDE STREET (LINDEN) ANNEXATION. This being the time heretofore set for public hearing on the above Ordinance, proponents and opponents were given I an opportunity to be heard thereon. Councilman Laven read the following report: Committee Report September 16, 1969 To the Common Council of the City of South Bend: Your Committee, the Annexation Committee, to whom was referred "AN ORDINANCE ANNEXING TERRITORY TO THE MUNICIPAL CITY OF SOUTH BEND, INDIANA, WHICH IS GENERALLY DESCRIBED AS LIBERTY HIGHWAY (ST. RD. #23), BY -PASS AND GERTRUDE STREET (LINDEN) ANNEXATION." Respectfully report that they have examined the matter and that in their opinion the Ordinance should be set for Public Hearing on September 'L2, 1969. /s/ Robert 0. Laven Chairman 0 COMMITTEE OF THE WHOLE September 22, 1969 ORDINANCE (Linden Annexation Cont'd.) Councilman Allen objected to the.,ordinance being brought out of the Annexation Committee and set for public hearing on the same night. Councilman Laven announced the procedure was not improper and was advised as such by the City Attorney. Attorney John Humphreys spoke in behalf of "four or five hundred" concerned people he claimed. He said these were people who lived in the proposed annexed area and around the proposed area to be annexed. He explained to the Council that the people were not necessarily against annexation but that they had many questions they wanted answered before annexation was done. Some questions were "Who initiated this petition? What is the purpose of annexing this area? Is it proposed that this area is to have Turnkey housing built on it ?" City Attorney Crumpacker stated there was a separate petition to annex a smaller part of this area for public housing, however, this Ordinance was introduced before that was brought in. In reply to Mr. Humphreys inquiry as to whether or not a new school would be built in this area, Mr. Crumpacker said that annexing will not affect school facilities because the South Bend School Corporation already servesthe area. Councilman Allen explained that the City has a long- range, orderly annexation plan to expand the city boundaries to keep the city from being choked off. Citizens speaking against the proposed annexation were Mr. Steve Bernath, 2102 Prairie Avenue; Rev. Thomas Doriot, pastor of St. Mary of the Assumption Church, 58700 Locust Rd.; Robert Hostetter, 206 Jennings Avenue; Roman Kowalski, Birchwood St., South Bend, Indiana; UissAgnes Rupel, 211 W. Navarre St., South Bend. Councilman Wise made a motion that the public hearing be set over at a later date. Councilman Zielinski seconded the motion. Councilman Wise withdrew his motion. Councilman Szymkowiak said he favored proper annexation for industrial purposes and low- income housing ought to be built on tax delinquent scattered lots in the City. Councilman Laven interrupted the meeting to introduce a group of foreign exchange students who were living in the city with South Bend families. Mrs-Earl Redden explained the purpose of their visit to our City. Councilman Laven presented each student with a tie clasp in the form of a key to the City of South Bend as a gift from the City of South Bend. Councilman Laven made a motion that the Ordinance go to the Council as favorable. Councilman Reinke seconded the motion. Motion defeated. 6 nays, (Councilmen Allen, Palmer, Wise, Zielinski, Craven, Szymkowiak) 3 ayes, (Councilmen Laven, Reinke and Grounds) ORDINANCE AN ORDINANCE SUPPLEMENTING CHAPTER 25, ARTICLE III, DIVISION 2, SECTION 25 - 60, ORDINANCES NO. 3879, 4289, AND 4494, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, PROVIDING CHARGES FOR PARKING METER BAGS, This being the time heretofore set for public hearing on the above Ordinance, proponents and opponents were given an opportunity to be heard thereon. City Attorney Crumpacker explained that the Ordinance was specifically for the rates and procedures for'bagging of meters, during periods of construction. Councilman Allen recommended that Paragraph #7 be deleted. Miss Virginia Guthrie, South Bend Civic Planning Executive Secretary, claimed the Ordinance gives the big contractors a break and the little contractors were paying the biggest charges. Councilman Wise asked if other cities have similar Ordinances. Mr. Alvin Reeder, Parking Meter Supt. said larger cities have Ordinances providing for bagging of meters and they are enforced. Councilman Szymkowiak made a motion that the Ordinance go to the Council as favorable but withdrew his motion. With the assistance of the City Attorney, Councilman Allen proposed a motion that the ordinance be amended as follows: Paragraph (2) be changed from Eight ($8.00) dollars to Five ($5.00) dollars Paragraph (7) be deleted. Paragraph (8) be changed to (7) Paragraph (9) be changed to (8) Paragraph (10) be changed to (9) Councilman Wise seconded the motion. Motion carried. 8 ayes, (Councilmen Wise, Grounds, Craven Laven, Zielinski, Szymkowiak, Allen and Palmer.) 1 nay, (Councilman Reinke) Councilman Laven made a motion that Sec. II be amended to read as instructed by the City Attorney Councilman Wise seconded the motion. motion carried. The proposed motion for the amendment was as follows: SECTION II. (should be amended by the addition of the following) "except that this Ordinance shall not apply to construction projects already underway at the time of passage." Councilman Reinke made a motion to amend Councilman Laven's motion to include at the end of the sentence "or to public building projects.' Councilman Wise seconded the motion. Motion carried. 8 ayes, (Councilmen Wise, Laven, Craven, Reinke, Palmer, Grounds, Zielinski and Szymkowiak) 1 nay, (Councilman Allen.) Councilman Laven made a motion that the Ordinance go to the Council favorable, as amended. Councilman Wise seconded the motion. Motion carried. 8 ayes. (Councilmen A7 Wise, Laven, Craven, Palmer, Grounds, Szymkowiak and Zielinski). 1 nay, (Councilman Reinke) 4 ORDINANCE COMMITTEE OF THE WHOLE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION TO ACCOUNT Q -221, "ELECTRIC CURRENT" IN THE AMOUNT OF $1,000.00 AND THE TRANSFER OF SAID SUM FROM ACCOUNT Q -11, "SERVICES PERSONAL" AND FOR AN ADDITIONAL APPROPRIATION TO ACCOUNT Q -222, "GAS ", IN THE AMOUNT OF $400.00 AND THE TRANSFER OF SAID SUM FROM ACCOUNT Q -11, "SERVICES PERSONAL ", IN THE FIRE DEPARTMENT, ALL BEING WITHIN THE GENERAL FUND. SEPTEMBER 22, 1969 This being the time heretofore set for public hearing on the above Ordinance, proponents and opponents were given an opportunity to be heard thereon. Assistant Fire Chief Richard Busfield spoke in behalf of the Ordinance. He said the appropriation was for heating gas and electric current bills. Councilman Szymkowiak made a motion that the Ordinance go to the Council as favor- able. Councilman Palmer seconded the motion. Motion carried. nPnTNAMrV AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION FROM THE GENERAL FUND IN THE AMOUNT OF $25,000.00 TO ACCOUNT XX -252, "REPAIRS OF EQUIPMENT" IN THE SANITATION DEPARTMENT BUDGET. 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. Frank L. Koloszar, Superintendent of the Sanitation Department, said two expensive pieces of machinery are worn out from hard use at the City's sanitary landfill and need a complete over -haul. Councilman Reinke made a motion that the Ordinance go to the Council as favorable. Councilman Szymkowiak seconded the motion. Motion carried. ORDINANCE' AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION FROM THE GENERAL FUND IN THE AMOUNT OF $900.00 TO ACCOUNT C -212, "POSTAGE" IN THE OFFICE OF THE CITY CLERK. This being the time heretofore set for public hearing on the above Ordinance, proponents and opponents were given an opportunity to be heard thereon. City Controller James Bickel explained to Miss Virginia Guthrie, Executive Secretary of the South Bend Civic Planning Association the purpose of the appropriation. Councilman Szymkowiak made a motion that the Ordinance go to the Council as favorable. Councilman Craven seconded the motion. Motion carried. There being no further business to come before the Committee of the Whole, Councilman Laven made a motion to rise and report to the Council. Councilman Allen seconded the motion. Motion carried. Time: 10:00 p.m. I ATTE ST : CITY ME RK APPROVED: s / - //�