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Home My WebLink About02-09-70 Council Commiittee of the Whole Meeting MinutesREGULAR MEETING FEBRUARY 9, 1970 Be it remembered that the Common Council of the City of South Bend, Indiana, met in the Council Chambers in the County -City Building on Monday, February 9, 1970 at 8:10 p.m., with all members present. The meeting was called to order by Council President Robert O. Laven. The invocation was given by Reverend Henry Zych, 226 N. Hill Street, St. Joseph Parish, South Bend, Indiana. ROLL CALL PRESENT Councilmen Laven, Allen, Reinke, Craven, Grounds Szymkowiak, Wise, Palmer and Zielinski ABSENT None. Council- President Laven entertained a motion to resolve the Council into the Committee of the Whole on the state of the City to consider the items listed on the agenda for the consideration of the Committee of the Whole. Councilman Allen so moved and Councilman Wise seconded the motion. Motion carried. Time: 8:13 p.m. COMMITTEE OF THE WHOLE MEETING 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 the County -City Building on Monday, February 9, 1970, at 8:14 p.m. all members present. The meeting was called to order by Chairman William W. Grounds,) who presided. ORDINANCE AN ORDINANCE PROVIDING FOR TEMPORARY WALKWAYS AROUND CONSTRUCTION PROJECTS AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF. This being the time heretofore set for public hearing on the above Ordinance, proponents and opponents were given an opportunity to be heard thereon. Councilman Reinke read a report from the Streets Alleys & Bridges Committee & the Ordinance Committee as follows: To the Common Council of the City of South Bend: Your Committee, The Streets, Alleys & Bridges Committee & The Ordinance Committee to whom was referred "AN ORDINANCE PROVIDING FOR TEMPORARY WALKWAYS AROUND CONSTRUCTION PROJECTS AND PRO- VIDING A PENALTY FOR THE VIOLATION THEREOF, AS AMENDED." respectfully report that they have examined the matter and that in their opinion the following amendment is offered to the amend- ment and move that it be accepted. SECTION I - Insert a period after permit at the end of next to last line of first paragraph, and delete entirely the last sentence "or the requirements of the City Ordinance." (and in) 2nd Paragraph Delete the following words from the third line "for the storage of building materials intended for immediate use and" -6 COMMITTEE OF THE WHOLE MEETING FEBRUARY 9, 1970 COMMITTEE OF THE WHOLE MEETING ORDINANCE (font' d. ) (and in) SECTION II - lst paragraph, line 4. - after the word sidewalk, insert "or temporary walkway." 2nd paragraph, line'1. - after the word sidewalk, insert "or temporary walkway." 2nd paragraph, line 9. - insert after the word walkway, "and approaches." (and in) 3rd paragraph. line 2. - delete the word walk and insert "walkway." (and in) 4th paragraph. line 1. - delete sidewalks and insert "temporary walkways." /s/ Gerald C. Reinke Chairman Councilman Reinke's motion for acceptance of the amendmentment was seconded by Councilman Allen. Motion carried. Councilman Laven made a motion, seconded by Councilman Zielinski, that the Ordinance go to the Council favorable as amended. Motion carried. 'I ORDINANCE AN ORDINANCE TO AMEND SEVERAL SECTIONS OF ORDINANCE NO. 4838 -66, ENTITLED "AN ORDI- NANCE REPEALING CHAPTER 36 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND,INDIANA, 1962, RE- LATING TO TAXICABS AND OTHER VEHICLES: AND ENACTING AN ORDINANCE REGULATING TAXICABS AND OTHER VEHICLES: LICENSING TAXICABS AND TAXI- CAB DRIVERS: PROVIDING FOR TAXICAB STANDS ON THE PUBLIC STREETS: PROVIDING PENALTIES FOR THE VIOLATION THEREOF 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. Councilman Grounds read the following report: I To the Common Council of the City of South Bend: Your Committee, the Ordinance Committee, to whom was referred "AN ORDINANCE TO AMEND SEVERAL SECTIONS OF ORD. NO. 4838 -66, ENTITLED "AN ORDINANCE REPEALING CHAPTER 36 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1962, RELATING TO TAXICABS AND OTHER VEHICLES: AND ENACTING AN ORDINANCE REGULATING TAXICABS AND OTHER VEHICLES: LICENSING TAXICABS AND TAXICAB DRIVERS: PROVIDING FOR TAXICAB STANDS ON THE PUBLIC STREETS: PROVIDING PENALTIES FOR THE VIOLATION THEREOF, AS AMENDED." respectfully report that they have examined the matter and that in their opinion the following amendment is offered to the above ordinance and move that it be accepted: 1. In the title of the Ordinance, insert AND ORDINANCE NO. 4870 -66 AND ORDINANCE NO. 4901 -66 after the words "Ordinance No. 4838 -66, ". 2. In SECTION I, #(2), Section 11.,: insert ORDINANCE NO. 4870 -66 after the words "Section 11." 3. In SECTION I, #(6), Section 15., : insert ORDINANCE NO. 4901 -66 after the words "Section 15." /s/ William W. Grounds Chairman Councilman Allen made a motion, seconded by Councilman Craven, that the amendment be accepted. Motion carried. Councilman Zielinski made a motion, seconded by Councilman Palmer, that the Ordinance go to the Council favorable as amended. Motion carried. COMMITTEE OF THE WHOLE MEETING FEBRUARY 9, 1970 ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 4990, ADOPTED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (309 N. Ironwood Dr.) This being the time heretofore set for public hearing on the above Ordinance, proponents and opponents were given an opportunity to be heard thereon. Russell H. Fisher, attorney for the petitioner, spoke on behalf of the Ordinance. He explained that a gasoline station expansion by the Marathon Oil Company will be built and that adequate shielding and screening will be provided and that major repair service and parking of large vehicles will be discouraged. He answered various questions from the Councilmen. Councilman Laven made a motion, seconded by Councilman Craven,that the Ordinance go to the Council as favorable. Motion carried. nRnTMAWrR AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION TO ACCOUNT P -726, "OTHER EQUIPMENT" IN THE AMOUNT OF $4,028.00 AND THE TRANSFER OF SAID SUM FROM ACCOUNT P -11, "SERVICES PERSONAL" IN THE POLICE DEPARTMENT, ALL BEING WITHIN THE GENERAL FUND. NO This being the time heretofore set for public hearing on the above Ordinance, proponents and opponents were given an opportunity to be heard thereon. Chief of Police Loren Bussert spoke on behalf of the Ordinance. He stated that in the 1970 Police Budget, they had anticipated an expenditure of $1,500.00 to obtain a basic Video recorder system, however, due to additional needs and uses of the equipment, this was not sufficient. The bid submitted by the Ault Camera Shop was accepted for a total of $5527.76 for a complete system. He stated that the requested transfer is the difference needed to purchase the systems. Councilman Palmer made a motion, seconded by Councilman Reinke, that the Ordinance go to the Council as favorable. Motion carried. ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 3702 ADOPTED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ON THE 13th DAY OF JUNE 1949, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, AS AMENDED. (ORDINANCE NO. 4990 -68) (Fillmore & Lombardy) 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 F. Jay Nimitz, representing Neva Templeton, the petitioner and Attorney John Montgomery, representing First Community Devel- opment Corporation of Mishawaka spoke on behalf of the Ordinance. Attorney Richard H. Doyle- representing Consolidated Negro Contractors, said it is a million dollar project that will bring jobs and have a good economic impact on the entire community. Cassell A. Lawson, executive director of the South Bend Urban League said his organization asks the council to recommit itself to provide sufficient public housing sites. Reginald R. Howard, attorney and member of the local branch of the National Association for the Advancement of Colored People spoke on behalf of the Ordinance. Speaking in opposition was Sam Mirkin, an attorney representing the members of the Belleville Neighborhood Association, who said public housing would create a ghetto within the area. Also speaking in opposition were Thomas Enyart, 4605 Ridgeway; Jerome Ewald, 4902 Greenleaf Lane; Gerard Fassnacht, 2607 Westwood Lane; Richard Trowbridge, 912 Gladstone; and Richard J. Chwalek, 205 N. Woodhill Lane. Chairman Grounds entertained a motion for a recess. Councilman Palmer so moved, seconded by Councilman Zielinski. Motion carried. Time: 10:10p.m. The meeting reconvened at 10:30 p.m. Persons called upon to answer various questions for all persons concerned were: Leo Newman, Greater South Bend Housing Corporation; Al Watson, resident manager, Greater South Bend Housing Corporation; Robert Dierkson, President, Consolidated Negro Contractors; Robert Perkins, Secretary, Consolidated Negro Contractors; Tom Brademas, First Community Development Corporation of Mishawaka. Councilman Szymkowiak made a motion, seconded by Councilman Zielinski, that the Ordinance go to the Council as unfavorable. Motion defeated. 4 ayes (Councilmen Allen, Szymkowiak, Wise and Zielinski) 5 nays (Councilmen Laven, Reinke, Craven, Grounds,and Palmer). Councilman Laven made a motion, seconded by Councilman Palmer, that the Ordinance go to the Council as favorable. Motion carried. 5 ayes ( Laven, Reinke, Craven, Grounds and Palmer) 4 nays (Councilmen Allen, Szymkowiak, Wise and Zielinski). There being no further business to be considered before the Committee of the Whole, Chairman Grounds entertained a motion to rise and report to the Council. Councilman Palmer so moved, seconded by Councilman Allen. Motion carried. Time: 11:45 p.m. ATTEST: APPROVED: CITY CLERK CHAI