03-11-74 Council Meeting Minutes

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REGULAR MEETING MARCH 11, 1974 MEETING - RECONVENED (CONTINUED) kept dumping the trash there. He indicated that perhaps the approach was not tough enough. Councilman Parent talked about the problems dealing with removal of trash. He stated that there have been cases where a certain area has been cleaned and shortly after trash accumulates again. He stated that the citizens must do their part and some have not. He did not feel that, in these instances, the officials should be blamed. Mr. Phillip Barkley, a St. Joseph County Councilman, residing in German Township, wondered if the fiscal plan was available for the new proposed annexation ordinance in German Township. He asked if a timetable for municipal services was available. Council President Nemeth indicated that the law requires these items be available, and he stated that copies were available in the Department of Public Works. Mr. David Wells, Manager of the Bureau of Design and Administration, suggested that the copies be distributed through the office of the City Clerk. Mrs. Irene K. Gammon, City Clerk, requested that a copy be furnished to her and she would be happy to distribute the necessary copies to whoever requested them. (IUNFINISHED BUSINESS Mr. of an James Roemer, City Attorney, asked about the status of the referral to the Ordinance Committee the Chippewa Street rezoning. Council President Nemeth indicated that the committee was awaiti appraisal report, at which time the matter would come out of committee. Councilman Parent made a motion that the proposed bike ordinance (ordinance amending Chapter 20, Vehicles and Traffic) which was set for public hearing and second reading on March 25, 1974, be set for 6:00 p.m., rather than the regular meeting time of 7:00 p.m., seconded by Councilman Taylor. The motion carried. Councilman Kopczynski made a motion that the annexation ordinance for portions of German, Portage and Clay Townships, which was referred to committee on November 26, 1973, be set for public heari and second reading on March 25, 1974, at 6:OO p.m., seconded by Councilman Parent. The motion carried. Mrs. Irene K. Gammon, City Clerk, indicated that she had received a veto message from Mayor Miller on the rezoning at the corner of George and Osborne Streets, which rezoning was passed by the Council at the February 25, 1974, meeting. Councilman Parent asked Mr. James Roemer, City Attorne: to briefly summarize the legal opinion attached to the veto. Mr. Roemer did so, indicating that the courts have been split in determining whether conditional zoning is a proper exercise of power because it is a condition subsequent, the ordinance is vague and not specific, and it could be argued it is a variance. Council President Nemeth stated that there was nothing illegal about the amendment the Council had made. Mr. Roemer stated that there are reservations as to its legality, and Council President Nemeth stated that the Council's attorney could not find anything illegal an that the ordinance was not over the Council's power to rezone. He wondered why the City Attorney felt the ordinance was vague as he felt it was specific. Councilman Miller felt there were always legal arguments involved. He felt this was the judgment of the Council and, if proven illegal in court, that would be the final decision. Councilman Miller made a motion to override the Mayor's veto and pass the ordinance, seconded by Councilman Kopczynski. Councilman Parent stated that he opposed the passage of the.ordinance because of the location of the sign in a residential area. He felt there was a question of the legality of the ordinance as stated by the City Attorney. He was concerned about the erection of the billboard in a residential neighborhood. Councilman Newburn stated that most of the homes adjacent to the property in question were vacant. Council President Nemeth also pointed out that there were other signs already in the area. Councilman Kopczynski stated that the billboard area would be landscaped and would look much better than at ,the present time. He felt the sign would be an asset to the area. The motion carried by a roll call vote of six ayes (Councilmen Miller, Taylor, Kopczynski, Horvath, Newburn and Nemeth) and two nays (Councilmen Serge and Parent) with Councilman Szymkowiak absent. 11 NEW BUSINESS Councilman Newburn made a motion to schedule the next meeting of the Council for March 25, 1974, a 6:00 p.m., seconded by Councilman Kopczynski. The motion carried. There being no further business to come before the Council, unfinished or new, Councilman Taylor made a motion that the meeting be adjourned, seconded by Councilman Horvath. The motion carried, and the meeting adjourned at 9:55 p.m. Shortly after adjournment, the question arose concerning the location of the next Council meeting, at which time Councilman Newburn made a motion to reconvene the meeting, seconded by Councilman Taylor. The motion carried and the meeting reconvened at approximately 10:00 p.m., with eight members present. Councilman Kopczynski felt the meeting should be held at the Morris Civic Auditorium because of the public hearing on the German Township annexation and the fact that the Clay annexation passed in June, 1973, was held at the auditorium in order to accommodate the public. Councilman Newburn made a motion that the next meeting of the Common Council to be ,held on March 25, 1974, at 6:00 p.m., be held at the Morris Civic Auditorium and, if not available, the meeting would be held in the Council Chambers, seconded by Councilman Taylor. The motion carried. There being no. further business to come before the Council, unfinished or new, Councilman Miller made a motion that the meeting be adjourned, seconded by Councilman Newburn. The motion carried, and the meeting adjourned at 10:05 p.m. ATTEST: CIT CLERK poll . J +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++