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HomeMy WebLinkAbout05-13-68 Council Meeting MinutesREGULAR MEETING MAY 13, 1968 Be it remembered that the Common Council of the City of South Bend, Indiana met in the Council Chambers in City Hall on Monday, May 13, 1968 at 8:30 P.M., nine members present, (Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Wise, Palmer, and Zielinski). The meeting was called to order by President Robert 0. Laven, who presided. ROLL CALL PRESENT: Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Wise, Palmer, and Zielinski. ABSENT: None REPORT OF COMMITTEE ON MINUTES To the Common Council of the City of South Bend, Indiana: Your Committee on the inspection and supervision of the minutes would respectfully report that they have examined the minutes of the previous meeting of the Council and found them correct. They therefore recommend that the same be approved. /s/ Robert 0. Laven /s/ Janet S. Allen /s/ Albert E. Palmer Meeting of May 13, 1968 There being no objections, the report was accepted as read, and placed on file. � � �1 \ 4_i �•i REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: Your Committee of the Whole to whom was referred "AN ORDINANCE AMENDING ORDINANCE NO. 3702 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA ". Respectfully report that they have examined the matter and that in their opinion the Ordinance be referred to the Area Plan Commission. /s/ William W. Grounds Chairman There being no objections, the report was accepted as read, and placed on file. REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: Your Committee of the Whole to whom was referred "AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA ". Respectfully report that they have examined the matter and in their opinion the Ordinance go to the Council as favorable. /s/ William W. Grounds Chairman There being no objections, the report was accepted as read, and placed on file. REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: Your Committee of the Whole to whom was referred "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 ". Respectfully report that they have examined the matter and in their opinion the Ordinance go to the Council as favorable. /s/ William W. Grounds Chairman There being no objections, the report was accepted as read, and placed on file. REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend': Your Committee of the Whole to whom was referred "AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN ACCOUNT Q -262, "MEDICAL ", OF THE FIRE DEPARTMENT, IN THE AMOUNT OF $2,000.00 AND THE TRANSFER OF THE SAME AMOUNT FROM ACCOUNT Q -11, "SERVICES PERSONAL ", ALL BEING WITHIN THE GENERAL FUND". Respectfully report that they have examined the matter and in their opinion the Ordinance go to the Council as favorable. /s/ William W. Grounds Chairman There being no objections, the report was accepted as read, and placed on file. REPORT OF CITY CONTROLLER The Report of the City Controller for the month of April, 1968 was submitted to the Council; each Councilman having received a copy of the report prior to the meeting. Councilman Reinke made a motion that the report be accepted and placed on file. Councilman Wise seconded the motion. Motion carried. REPORT OF ANNEXATION COMMITTEE To the Common Co>}ncil of the City of South Bend, Indiana: Your Committee on Annexation to whom was referred, on February 27, 1967, '.'AN ":ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA CERTAIN LANDS AND PROVIDING, AFTER ANNEXATION SHALL TAKE EFFECT, THAT FOR A PERIOD OF THREE YEARS, ONE HALF (2) OF THE MUNICIPAL PROPERTY TAXES TO BE IMPOSED UPON THE ANNEXED TERRITORY SHALL BE IMPOUNDED AND PLACED IN A SPECIAL FUND SOLELY FOR THE BENEFIT OF THE ANNEXED TERRITORY ". (Ironwood Rd., Inwood Rd. and Retention Basin.) Respectfully report that they have examined the matter and that in their opinion the Ordinance having been,:. referred to the Area Plan Commission, and in due course recommendations were made there on from the Area Plan Commission, and that the Ordinance is reported to the Council with a favorable recommendation for passage., It�is further suggested that a public hearing should be held on the Ordinance on May 27, 1968. /s/ Robert 0. Laven Chairman There being no objections, the report was accepted as read, and placed on file., REGULAR MEETING MAY 13 1968 REPORT OF ANNEXATION COMMITTEE To the Common Council of the City of South Bend: Your Committee on Annexation to whom was referred, on February 27, 1967, "AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA CERTAIN LANDS AND PROVIDING, AFTER ANNEXATION SHALL TAKE EFFECT, THAT FOR A PERIOD OF THREE YEARS, ONE HALF (2) OF THE MUNICIPAL PROPERTY TAXES TO BE IMPOSED UPON THE ANNEXED TERRITORY SHALL BE IMPOUNDED AND PLACED IN A SPECIAL FUND SOLELY FOR THE BENEFIT OF THE ANNEXED TERRITORY ". (Ironwood and Jackson) Respectfully report that they have examined the matter and that in their opinion the Ordinance having been referred to the Area Plan Commission, and in due course recommendations were made there on from the Area Plan Commission, and that the Ordinance is reported to the Council with a favorable recommendation for passage, It is.--further suggested that a public hearing should be held on the Ordinance on May 27, 1968. /s/ Robert 0. Laven Chairman There being no objections, the report was accepted as read, and placed on file. REPORT OF ANNEXATION COMMITTEE To the Common Council of the City of South Bend: Your Committee on Annexation to whom was referred, on February 27, 1967, "AN ORDINANCE ANNEXING TO AND BRING ING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LANDS AND PROVIDING, AFTER ANNEXATION SHALL TAKE EFFECT, THAT FOR A PERIOD OF THREE YEARS, ONE HALF ('k) OF THE MUNICIPAL PROPERTY TAXES TO BE IMPOSED UPON THE ANNEXED TERRITORY SHALL BE IMPOUNDED AND PLACED IN A SPECIAL FUND SOLELY FOR THE BENEFIT OF THE ANNEXED TERRITORY ". (Crest Manor) Respectfully report that they have examined the matter and that in their opinion the Ordinance should be withdrawn in its entirety. /s/ Robert 0. Laven Chairman There being no objections, the report was accepted as read, and placed on file. REPORT OF ANNEXATION COMMITTEE To the Common Council of the City of South Bend: Your Committee on Annexation to whom was referred, on February 27, 1967, "AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA CERTAIN LANDS AND PROVIDING, AFTER ANNEXATION SHALL TAKE EFFECT, THAT FOR A PERIOD OF THREE YEARS, ONE -HALF Q) OF THE MUNICIPAL PROPERTY TAXES TO BE IMPOSED UPON THE ANNEXED TERRITORY SHALL BE IMPOUNDED AND PLACED IN A SPECIAL FUND SOLELY FOR THE BENEFIT OF THE ANNEXED TERRITORY." (Kensington Farms) Respectfully report that they have examined the matter and that in their opinion the Ordinance should be withdrawn in its entirety. /s/ Robert 0. Laven Chairman There being no objections, the report was accepted as read, and placed on file. REPORT OF AREA PLAN COMMISSION April 3, 1968 The Honorable Common Council City of South Bend, South Bend, Indiana Gentlemen: SUBJECT: The annexation of a tract of land comprising thirteen acres in the Northwest Quarter of Section 31, Township 37 North, Range 3 East, in Centre Township, which tract is situated approximately one -half mile South of Jackson Road and running westerly from York Road as the same will be extended southward from Jackson Road. 1. NATURE OF ANNEXATION AREA: The area contains approximately 13 acres of vacant land. The character of the surrounding properties is single family residential. It is felt that this property should develop as single family residential. 2. CITY SERVICES: a. Police Department - The City of South Bend Police Department has indicated that this area could be given limited service at this time. This is due to the fact that the car serving this area has a large district to cover. Any future annexations in this area would necessitate another car being put in service. b. Fire Department - The South Bend Fire Department could presently provide service to this area but as future annexation takes place there will be a need for another fire station in the general area. c. Sanitation Department - The City of South Bend is presently providing service to the adjacent areas and essential municipal services can be provided to the annexation area without and additional costs. d. Health Department - The Health Department is rendering services to this area now and no change would be necessary if-this area is annexed. REGULAR MEETING MAY 13, 1968 REPORT OF AREA COMMISSION (continued) e. Water Works - The Water Works has indicated that they would have no difficulty in supplying water service to the area. Since the area is presently undeveloped, any development would re- quire the developer to install the necessary mains. f. Street Department - Since the area is undeveloped, any street construction would be to the city standards and therefore maintenance would be at a minimum. g. Engineering Department - The City Engineer has reviewed the petition for annexation of Crest 9 and 10, and find that their use of the city sewer and water services will not create any serious problems to the City of South Bend in that the existing southeast trunk sewer touches the north boundary of the proposed annexation and is adequate in size and capacity to handle the load of the annexed area. is The subject area will include a retention basin to handle storm water which /in overall conformance with the plan for storm and sanitary sewage handling in this area. City water is also available to the area and is in conformance with the master plan as prepared by the firm of Clyde E. Williams and Associates for the Water Department of the City of South Bend. h. Park Department - The Park Department, in cooperation with the South Bend Community School Corporation has plans to develop a playfield south of Hamilton School, which will be within a short distance of the annexation area. No additional expense will be required from this depart- ment if the annexation is accepted. 3. ANNEXATION DETERMINANTS: a. THE ANNEXATION IS IN THE BEST INTERESTS OF THE CITY AND OF THE TERRITORY SOUGHT TO BE ANNEXED. Annexation of this area would provide municipal facilities and services to the area. Since the area has soil and high water problems and development cannot take place under county standards, it appears to be in the best interests that the area be annexed and serviced with municipal facili- ties. b. THE AREA IS URBAN IN CHARACTER, BEING AN ECONOMIC AND SOCIAL PART OF THE ANNEXING CITY. All areas adjacent to the municipal boundaries can presently be considered urban in character and an economic and social part of the municipality. c. THE TERMS AND CONDITIONS SET FORTH IN THE ORDINANCE ARE FAIR AND JUST. There are no terms or conditions set forth in the ordinance. d. THE CITY IS FINANCIALLY ABLE TO PROVIDE MUNICIPAL SERVICES TO THE ANNEXED AREA WITHIN THE REASONABLY NEAR FUTURE. As discussed previously, providing city services to this area would pose no hardship or financial burden to the City at this time, however, as additional annexation takes place additional services will be required by both the Police and Fire Departments. e. THE AREA SOUGHT TO BE ANNEXED, IF UNDEVELOPED, IS NEEDED FOR DEVELOPMENT OF THE CITY IN THE REASONABLY NEAR FUTURE. The owners of the property have petitioned for annexation in order to develop under city standards and with city facilities and development will take place immediately after annexation. f. THE LINES OF THE ANNEXATION ARE SO DRAWN AS TO FORM A COMPACT AREA ABUTTING THE MUNICIPALITY. The municipal boundaries in this area presently meander along property lines, however, the area in contiguous to the city limits and would not greatly add to this meandering. Consideration should be be given to choosing logical and natural boundaries to eliminate any unnecessary meandering of the muni- cipal boundaries. 4. SUMMARY: The area is comprised of approximately 13 acres of vacant land. City Services are essential to the development of this property because of poor soil conditions and a high water table restricting development under County standards. Most any area contiguous to incorporated boundaries can be considered as in integral part of the urban pattern by nature of its location, therefore, extension of the municipal boundaries in this instance would not greatly add to the meandering of the municipal boundaries along property lines and it appears the boundary as proposed could be considered compact. The annexation area, in summary, meets the six determinants of annexation; complies with the criteria set forth in the annexation study and is located within the generalized annexation limits established in this study. C©uncilman Craven moved the report be accepted and referred to the Annexation Committee. Councilman Zielinski seconded the motion. Motion carried. ORDINANCES, THIRD READING ORDINANCE NO. 4997 -68 AN ORDINANCE AMENDING AND-SUPPLEMENTING.- CHAPTER 40.:OF':'THE MUNICIPAL 'CODE OF SOUTH BEND, INDIANA. (209 -215 E. Ohio) The Ordinance was given third reading and passed by a roll call vote 9 ayes, (Councilmen, Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Wise, Palmer, and Zielinski). 0 nays, 0 absent. ORDINANCES, THIRD READING ORDINANCE NO. 4998 -68 REGULAR MEETING MAY 13 1968 ORDINANCES, THIRD READING ORDINANCE NO. 4998 -68 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 ACCOMPANY- ING MAP THERETO, GENERALLY KNOWN AS THE SOUTH BEND ZONING ORDINANCE BY CHANGING THE CLASSIFICATION OF THE USE DISTRICT FOR A CERTAIN PARCEL OF LAND. (900 block Ireland Rd.) The Ordinance was given third reading and passed by a roll call vote of 9 ayes, (Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Wise, Palmer, and Zielinski), 0 nays, 0 absent. ORDINANCES, THIRD READING ORDINANCE NO. 4999 -68 AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN ACCOUNT Q -262, "MEDICAL ", OF THE FIRE DEPARTMENT, IN THE AMOUNT OF $2,000.00 AND THE TRANSFER OF THE SAME AMOUNT FROM ACCOUNT Q -11, "SERVICES PERSONAL, ALL BEING WITHIN THE GENERAL FUND. The Ordinance was given third reading and passed by a roll call vote of 9 ayes, (Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Wise, Palmer, and Zielinski), 0 nays, 0 absent. ORDINANCES, FIRST AND SECOND READING ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION TO ACCOUNT XX -252, "REPAIRS OF EQUIPMENT ", IN THE AMOUNT OF $5,584.00 AND THE TRANSFER OF SAID SUM FROM ACCOUNT XX -722, "MOTOR EQUIPMENT ", IN THE SANITATION DEPARTMENT, ALL BEING WITHIN THE GENERAL FUND. The Ordinance was given first reading by title and second reading in full. Councilman Szymkowiak made a motion that the Ordinance be set for public hearing on May 27, 1968. Councilman Craven seconded the motion. Motion carried. ORDINANCES, FIRST AND SECOND READING ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION TO ACCOUNT U -215, "SERVICES CONTRACTUAL" IN THE AMOUNT OF $4,000.00 AND THE TRANSFER OF SAID SUM FROM ACCOUNT U -11, "SERVICES PERSONAL" IN THE MUNI- CIPAL SERVICES FACILITY, ALL BEING WITHIN THE GENERAL FUND. The Ordinance was given first reading by title and second reading in full. Councilman Palmer made a motion that the Ordinance be set for public hearing on May 27, 1968. Councilman Zielinski seconded the motion. Motion carried. ORDINANCES, FIRST AND SECOND READING ORDINANCE AN ORDINANCE APPROPRIATING $21,500.00 FROM THE MOTOR VEHICLE HIGHWAY FUND TO ACCOUNT MVH, "INSURANCE" IN THE MOTOR VEHICLE HIGHWAY DEPARTMENT. The Ordinance was given first reading by title and second reading in full. Councilman Allen made a motion that the Ordinance be set for public hearing on May 27, 1968. Councilman Craven seconded the motion. Motion carried. ORDINANCES, FIRST AND SECOND READING ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION TO ACCOUNT B -252, "REPAIRS OF EQUIPMENT ", IN THE AMOUNT OF $500.00 AND THE TRANSFER OF THE SAME FROM ACCOUNT B -363 "OTHER OFFICE SUPPLIES ", IN THE OFFICE OF CONTROLLER, IN THE GENERAL FUND. The Ordinance was given first reading by title and second reading in full. Councilman Grounds made a motion that the Ordinance be set for public hearing on May 27, 1968. Councilman Palmer seconded the motion. Motion carried. C REGULAR MEETING MAY.13, 1968 ORDINANCES, FIRST AND SECOND READING ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY WATER WORKS OF SOUTH BEND, INDIANA AND THE JOHNS- MANVILLE SALES CORPORATION, INDIANAPOLIS, INDIANA, FOR THE PURCHASE OF ASBESTOS - CEMENT WATER PIPE AND PIPE FITTINGS IN THE TOTAL AMOUNT OF $80,860.00. The Ordinance was given first reading by title and second reading in full. Councilman Szymkowiak made a motion that the Ordinance be set for public hearing on May 27, 1968. Councilman Grounds seconded the motion. Motion carried. ORDINANCES, FIRST AND SECOND READING ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY WATER WORKS OF SOUTH BEND, INDIANA AND THE CLOW CORPORATION, BENSENVILLE, ILLINOIS, FOR THE PUR- CHASE OF: I. WATER MAIN PIPE OF CAST IRON OR DUCTILE AND FITTINGS: II. MECHANICAL JOINT GATE VALVES, IN THE TOTAL AMOUNT OF $124,874.36. The Ordinance was given first reading by title and second reading in full. Councilman Grounds made a motion that the Ordinance be set for public hearing on May 27, 1968. Councilman Zielinski seconded the motion. Motion carried. ORDINANCES, FIRST AND SECOND READING ORDINANCE AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA CERTAIN LANDS AND PROVIDING, AFTER ANNEXATION SHALL TAKE EFFECT, THAT FOR A PERIOD OF THREE YEARS, ONE HALF (2) OF THE MUNICIPAL PROPERTY TAXES TO BE IMPOSED UPON THE ANNEXED TERRITORY SHALL BE IMPOUNDED AND PLACED IN A SPECIAL FUND SOLELY FOR THE BENEFIT OF THE ANNEXED TERRITORY. (Orest Manor and Kensington Farms) The Ordinance was given first reading by title and second reading in full. Councilman Allen made a motion that the Ordinance be set for public hearing on June 10, 1968. Councilman Szymkowiak seconded the motion. Motion carried. RESOLUTIONS RESOLUTION NO. 185 -68 A RESOLUTION FOR AN ADDITIONAL APPROPRIATION IN ACCOUNT B -242, "PUBLICATION OF LEGAL NOTICES ", OF THE OFFICE OF CONTROLLER, IN THE AMOUNT OF $1,000.00 AND THE TRANSFER OF THE SAME FROM ACCOUNT B -241, "PRINTING, OTHER THAN OFFICE SUPPLIES ", ALL IN THE SAME CATEGORY, AND WITHIN THE GENERAL FUND. WHEREAS, Certain extraordinary conditions have developed since the adoption of the existing annual budget, so that it is now necessary to appropriate more money than was appropriated in the annual budget for the various functions of City Government to meet such extraordinary contingencies; and WHEREAS, Additional funds for publication of legal notices are urgently needed by the Office of Controller to assure its ability to properly perform its function and the sum of $1,000.00 is needed forthwith; and WHEREAS, A surplus exists in another Account where it is not presently needed; and more specifically as follows, to -wit: $1,000.00 in Account B -241 designated as "Printing, Other Than Office Supplies" NOW, THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, That the sum of $4000.00 be transferred from Account B -241 designated as "Printing, Other Than Office Supplies" and transferred and appropriated to Account B -242 designated as'Publication of Legal Notices ", both of said Accounts being in the same category "Services Contractual'.' and being within the General Fund. /s/ Raymond C. Zielinski James A. Bickel, City Controller, expbained the need for the appropriation- was created by the recent publication of the new Zoning Ordinance. Virginia Guthrie, Civic Planning Association,said there was not a second reading on the Zoning Ordinance and she felt the Area Plan Commission should have ex- plained exactly what the changes were. Councilman Janet S. Allen feels the Indiana statute requiring the publication of ordinances should be changed and that the Legal Department should check into it before this problem comes up again. Councilman Zielinski made a motion that the Resolution be adopted by a roll call vote. Councilman Wise seconded the motion. The Resolution was adopted by a roll call vote of 9 ayes, (Councilman Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Wise, Palmer, and Zielinski), 0 nays, 0 absent. 50 REGULAR UNFINISHED BUSINESS Councilman Szymkowiak brought to the attention of the Council that there are many cars with only one headlight on the streets at night and loud mufflers. The City Clerk's Office is to write a letter to Police Chief Thomas McNaughton to see what has happened to the Traffic Division, and why these cars are not ticketed. Councilman Allen protested the excessive number of posts installed at intersections with only one sign on'.them and inquired if they couldn't all be fastened to one post. The Clerk's Office was instructed to write a letter to Fire Chief McHenry asking what was done with the appropriation for fuel for two of the Fire Stations as they were closed two days after the appropriation was passed. NEW BUSINESS Councilman William W. Grounds suggested it may be wise to investigate the possibility of combining some of city and county governmental functions, like law enforcement. He is to make a study of it. Councilman Allen commented that you never actually save by combining. They just expand and grow and cost more in the long run. There being no further business to come before the Council, Councilman Wise made a motion to adjourn. Councilman Reinke seconded the motion. Motion carried. Time: 9:22 P.M. ATTEST: APPROVED: CLERK Y v V _ PRESIDENT s