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HomeMy WebLinkAbout02-08-65 Council Committee of the Whole Meeting Minutes15G; COMMITTEE OF THE WHOLE MEETING FEBRUARY 8, 1965 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 in the City Hall on Monday, February 8, 1965, at 8 :00 P.M., with'all members present. The meeting was called to order by Councilman Edwin Thomas Smith, Chairman, who presided. Chairman Smith introduced the Reverend Gary Kesser of the First Christian Church who gave the invocation. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 (West side of Bendix Drive between Lincoln Way West & Ardmore Trail) 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 Hunter made a motion that the ordinance go to the Council as favorable. Councilman Muszynski seconded the motion. 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. (Northwest corner of Bendix Drive and Ardmore Trail) 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 Szymkowiak made a motion that the ordinance go to the Council as favorable. Councilman Wise seconded the motion. Motion carried. ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 3702 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA. (West side of Hickory Road just North of McKinley Ave.) This being the time heretofore set for public hearing on the above Ofdinance, proponents and opponents were given an opportunity to be heard thereon. Councilman Glass made a motion that the ordinance go to the Council as favorable. Councilman Hunter seconded the motion. Motion carried. Mr. Robert Zimmerman, Attorney, spoke in favor of the proposed ordinance in behalf of petitioners, Mr. and Mrs. Clarence Dockery and Roland Salk. nRnTNANCF. AN ORDINANCE FOR ADDITIONAL APPROPRIATION IN THE GENERAL PARK FUND FOR $25,500.00; This being the time heretofore set for public hearing on the above Ordinance, proponents and opponents were given an opportunity to be heard thereon. Park Department Superintendent Ralph Newman informed the Council that the transfer of funds is to be used for the purchase of a park site in the Chapin St. urban renewal area. 5 MINUTE RECESS - 8 :15 P.M. C ouncilman Hunter made a motion for a five minute recess. RECONVENED MEETING - 8 :20 P.M. ORDINANCE Councilman Geib seconded the motion. Motion carried. AN ORDINANCE FOR ADDITIONAL APPROPRIATION IN THE GENERAL PARK FUND FOR $25,500.00. Councilman Hunter made a motion that the ordinance go to the Council as favorable. Councilman Geib seconded the motion. Motion carried. ORDINANCE AN ORDINANCE REGULATING THE PRESENCE OF MINORS UNDER THE FULL AGE OF EIGHTEEN (18) YEARS ON PUBLIC STREETS AND OTHER PUBLIC PLACES BETWEEN CERTAIN HOURS, WITH EXCEPTIONS. DEFINING RESPONSIBILITIES OF PARENTS OR GUARDIANS OR OTHER HAVING THE LEGAL CARE AND CUSTODY OF MINORS UNDER THE FULL AGE OF EIGHTEEN (18) YEARS AND PROVIDING FOR PENALTIES AND ARRESTS FOR VIOLATION THEREOF, DESCRIBING CERTAIN PROCEDURES IN THE APPREHENSION AND PROCESSING OF SUCH MINORS UNDER THE FULL AGE OF EIGHTEEN (18) YEARS AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, This being the time heretofore set for public hearing on the above Ordinance, proponents and opponents were given an opportunity to be heard thereon. The Clerk read a Report from the Ordinance Committee. Speaking against the proposed ordinance was Richard Emery Jr., 1601 E. Colfax Ave., who stated he was under the impression that following earlier public hearings, the Council's Ordinance Committee was to amend the Ordinance to have it go in effect each night during summer months at 12:30 A.M. and that the ordinance does not take into consideration private parties at home. Councilman Hunter made a motion that the ordinance go to the Council as favorable. Councilman Palmer seconded the motion. Motion carried by a roll call vote of 5 ayes (Councilmen Hunter, Allen, Palmer, Geib and Smith), 4 nays (Councilmen Wise, Szymkowiak, Glass and Muszynski). COMMITTEE OF THE WHOLE MEETING FEBRUARY 8. 1965 ORDINANCE AN ORDINANCE REPEALING SECTIONS 16 TO 36, INCLUSIVE, OF CHAPTER 35 OF ORDINANCE N0, 4608 - -63, BEING THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1962, RELATING TO EXCAVATIONS AND OBSTRUCTIONS IN.STREETS, ALLEYS, AND PUBLIC PLACES AND SUBSTITUTING NEW SECTIONS IN LIEU OF THOSE REPEALED. 1 51V This being the time heretofore set for public hearing on the above Ordinance, proponents and opponents were given an opportunity to be heard thereon. Speaking in opposition to the ordinance were the following: Mr. Frederick Link, representing the Northern Indiana Public Service Company; Robert Braunsdorf, 2309 Inglewood Place, and Joseph Fritsch, 2421 Erskine Blvd. A Report from the,Ordinance Committee was .read by the Clerk. Councilman Geib made a motion that the ordinance be amended by eliminating the word "public right -of -way" from entire ordinance except in definition of streets. Councilman Muszynski seconded the motion. Motion carried. Councilman Glass made a motion that the ordinance be tabled in order to contact various cities. Councilman Palmer seconded the motion. After some discussion, Councilman Glass withdrew his motion and Councilman Palmer withdrew his second to the motion. Councilman Hunter then made a motion that the ordinance be tabled and the City Attorney redraft the ordinance with all amendments suggested by the Ordinance Committee and the Council to investigate second class cities to find out what method is used by them. Councilman Wise seconded the motion. Motion carried. ORDINANCE AN ORDINANCE AMENDING CHAPTER 35, SECTION 5, OF ORDINANCE N0, 4608 -63, BEING THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1962, DESIGNATING AND CONSTITUTING THE VIOLATION OF SAID SECTION A MISDEMEANOR. This being the time heretofore set for public hearing on the above Ordinance, proponents and opponents were given an opportunity to be heard thereon. A Report from the Ordinance Committee was read by the Clerk. Councilman Wise made a motion that the ordinance be returned to the City Attorney for redrafting. Councilman Allen seconded the motion. Motion carried. nRnTNANOR AN ORDINANCE REGULATING THE PUBLIC DISPOSAL OF GARBAGE AND RUBBISH OF ANY LAND WHICH IS SITUATED WITHIN THE CORPORATE LIMITS OF THE CITY OF SOUTH BEND, REQUIRING PERMITS AND PROVIDING PENALTIES FOR VIOLATIONS 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. A Report from the Ordinance Committee was read by the Clerk. Councilman Geib made a motion that the ordinance be redrafted by the City Attorney in line with the amendments proposed by the Ordinance Committee on January 19, 1965 and revised February 2, 1965 in a meeting with the City Attorney. Councilman Wise seconded the motion. Motion carried. There being no further business before the Committee of the Whole, Councilman Geib made a motion to adjourn. Councilman Allen seconded the motion. Motion carried, and Committee of the Whole Meeting adjourned at 9 :30 P.M. ATTEST: v PERK / I