04-09-79 Council Meeting Minutes

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REGULAR MEETING APRIL 9, 1979 COMMITTEE OF THE WHOLE MEETING (CONTINUED BILL NO. 38 -79 A BILL AMENDING CHAPTER 7, ARTICLE 5, SECTION 7 -76, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS THE SCRAP AND JUNK DEALERS ORDINANCE, BY REQUIRING THAT THE FENCING OF SCRAP AND JUNK YARDS BE CONSTRUCED OF SOLID OR OPAQUE MATERIAL, BY PROHIBITING THE PILING OF SCRAP OR JUNK ABOVE THE HEIGHT OF THE FENCING, AND BY AUTHORIZING THE BOARD OF PUBLIC WORKS TO ADOPT RULES AND REGULATIONS. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. James Masters, Assistant City Attorney, made the presentation for the bill. He indicated that this proposed bill would amend the present City ordinance regulating scrap and junk yards by requiring such yards to be fully enclosed by solid or opaque fencing and to prohibit the piling of scrap or junk above the height of the fence. He said the present ordinance required only that there be a six foot solid fence, hwoever, there was a major exception in that no fencing is required along a railroad siding. He said the pre- sent ordinance allows the piling of scrap above the fence. He said this amendment to the present ordinance would serve as an effective means to safeguard the integrity of residential neighbor- hoods by requiring that scrap or junk sotred in such yards be screended from public view. He indicated that the proposed bill had an error in Section I and Section II in that it refers to Article 7, and it should be Article 5. Mr. Andrew Rupchock, 606 Indiana, asked the meaning of opaque. It was explained that.opaque means not transparent. Mr. James McMahon, attorney re- presenting Breman Iron and Metal, indicated that his client was willing to meet any reasonable requirement imposed by the Council. He said that the requirement that scrap could only be piled six foot high on a railroad siding would impose an economical hardship on the company. Mr. Harold Brueseke, attorney representing several scrap dealers in the area, showed a film depicting the operation of a scrap yard. He said the concern of his clients as far as the fencing requirement is concerned, is that if they are required to have a fence equal or as high as the piling of scrap it could be fifteen to twenty feet high. He indicated if they have to have a maximum of six feet they would have to acquire more land. He indicated there should be more consideration and study given to this proposed bill. Council Member Horvath indicated this bill would cause many problems for the scrap dealers, and more thought should be given to this bill. He indicated that the Council, neighborhood groups and the junk dealers should work together to obtain a workable bill. Mrs. Jane Swan, 2022 Swaygart, indicated more work should be done on this bill, but a least this was a start, and something has to be done. Ms. Holly.Brown, 215 E. Bronson, indicated that if the yards were fenced it would discourage dumping outside of the fence Council Member Adams made a motion to amend the bill, as reflected in the proposed amendment, by striking Sections I, II, and III, and substituting Section IV, except in (c) remove the date of January 1, 1980. There was a discussion regarding the Council rule of not stripping a bill. Council Member Adams withdrew her motion. Council Member Parent made a motion to refer this bill to the Public Works Committee, seconded by Council Member Serge. The motion carried. There being no further business to come before the Committee of the Whole, Council Member Kopczynski made a motion to rise and report to the Council, seconded by Council Member Adams. The motion carried. ATTEST: _P" City Clerk ATTEST: airman REGULAR MEETING RECONVENED Be it remembered that the regular meeting of the Common Council of the City of South Bend recon- vened in the Council Chambers on the fourth floor of the County -City Building at 8:02 p.m., Council President Parent presiding and eight members present. Council Member Serge asked Mr. Mullen to send him a list of the licensed junk yards. Council Member Dombrowski indicated that a letter should be sent to neighborhood groups advising them of the Public Works Committee meeting. BILLS, SECOND READING ORDINANCE NO. 6574 -79 AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (2610 PRAIRIE.) This bill had second reading. Council Member Adams made a motion to pass this bill, seconded by Council Member Serge. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 6575 -79 AN ORDINANCE AMENDING CHAPTER 21, ARTICLE 7, SECTION 21 -120 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, BY REQUIRING THAT PROPOSED REZONINGS BE ADVERTISED BY COMMON ADDRESS AND THAT THE PROPERTY HAVE A PUBLIC NOTICE POSTED THEREON. This bill had second reading. Council Member Serge made a motion to pass this bill, seconded by Council Member Adams. The bill passed by a roll call vote of eight ayes. BILL NO. 38 -79 A BILL AMENDING CHAPTER 7, ARTICLE 5, SECTION 7 -76, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS THE SCRAP AND JUNK DEALERS ORDINANCE, BY REQUIRING THAT THE FENCING OF SCRAP AND JUNK YARDS BE CONSTRUCTED OF SOLID OR OPAQUE MATERIAL, BY PROHIBITING THE PILING OF SCRAP OR JUNK ABOVE THE HEIGHT OF THE FENCING, AND BY AUTHORIZING THE BOARD OF PUBLIC WORKS TO ADOPT RULES AND REGULATIONS. Council Member Dombrowski made a motion to refer this bill to the Public Works Committee and bring it back to the Council in six weeks, seconded by Council Member Adams. The motion carried.