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HomeMy WebLinkAbout10-28-68 Council Committee of the Whole Meeting MinutesCOMMITTEE OF THE WHOLE MEETING Be it remembered that the Common Council of the City of South Bend, in the Council Chambers of City Hall on Monday, October 28, 1968, at men Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Wise, Palmer, tion was given by Reverend Dave S. Davis, Greater Friendship Baptist by Chairman William W. Grounds, who presided. ORDINANCE OCTOBER 28, 1968 Indiana, met in the Committee of the Whole 8:10 P.M., nine members present, Council - and Zielinski. None absent. The invoca- Church. The meeting was called to order AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION TO ACCOUNT Q -262, "MEDICAL, SURGICAL AND DENTAL" IN THE FIRE DEPARTMENT IN THE AMOUNT OF $3,000.00 AND THE TRANSFER OF SAID SUM FROM ACCOUNT Q -11, "SERVICES PERSONAL" IN THE FIRE DEPARTMENT, ALL BEING WITHIN THE GENERAL FUND. This being the time heretofore set for public hearing on the above Ordinance, proponents and opponents were given an opportunity to be heard thereon. James A. Bickel, City Controller, explained the additional approp- riation was needed for medical expenses for firemen. Councilman Allen questioned the amount spent for flu shots and Mr. Bickel explained that the City must pay for the serum but there is no charge for administering the shots. Councilman Reinke made a motion the Ordinance go to the Council as favorable. Councilman Craven seconded the motion. Motion carried. ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WASTEWATER TREATMENT PLANT OF SOUTH BEND, INDIANA, AND WORTHINGTON CORPORATION, CHICAGO, ILLINOIS, FOR LABOR AND PARTS NECESSARY TO REPAIR A MODEL 42MC -1 WORTHING- TON PUMP IN THE TOTAL AMOUNT OF $5,554.87. 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 for the Ordinance was Mr. John L. Hunter, Superintendent of the Water Works. ' Mr. Hunter said this is one of three pumps at the Wastewater Treatment Plant and this is the first time it has needed repairs since purchase in 1957. It would cost $45,000 for a new pump. Council- man Palmer made a motion the Ordinance go to the Council as favorable. Councilman Szymkowiak seconded the motion. Motion carried. ORDINANCE AN ORDINANCE PROVIDING FOR THE RECEIVING AND CONVEYING OF A GIFT OF REAL PROPERTY TO THE CITY OF SOUTH BEND, INDIANA. (Notre Dame Gift Property) 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 for the Ordinance was Mr. Arthur Frisk, City Attorney, who explained the gift was former Fire Station No. 7. The property is to be used for a neighborhood social center. Councilman Janet S. Allen asked if in the future there is no need for the center what would happen to the property. Mr. Frisk said it would revert to Notre Dame and they would have to re- negotiate to use it for something else. Councilman Szymkowiak made a motion the Ordinance go to the Council as favorable. Council- man Allen seconded the motion. Motion carried. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702. (Lincolnway and Sheridan) William W. Grounds, Chairman, stated the above Ordinance was withdrawn by Mr. Joseph A. Rower, Attorney for the Petitioner. Kathryn L. Blough, City Clerk, read the following letter from Mr. Roper. October 28, 1968 To the City Clerk and the Common Council of the City of South Bend City Hall South Bend, Indiana 46601 Gentlemen: On behalf of Matthew J. Nowak and Clara M. Nowak, I hereby withdraw their petition to rezone property owned by them situated at the southeast corner of Lincoln Way West and Sheridan, South Bend, Indiana. Thanking you very kindly, I remain Very truly yours, /s/ Joseph A. Roper Councilman Laven made a motion to accept the withdrawal. Councilman Palmer seconded the motion. Motion carried. COMMITTEE OF THE WHOLE MEETING (continued) OCTOBER 28, 1968 ORDINANCE AN ORDINANCE AMENDING CHAPTER 25, ARTICLE VI, SECTION 25 -80 OF ORDINANCE NO. 4608 -63, BEING THE MUNICIPAL. CODE OF THE CITY OF SOUTH BEND, INDIANA, 1962, REDE- FINING TRUCK ROUTES. 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 favor of the Ordinance were Mr. Lloyd Taylor, City Engineer, who explained the Ordinance designated the new truck access route;.Mr.:Roy.L. Roelke3:1212.W. Sample, a director of Northern Indiana Motor Carriers Association, Inc. Mr. Robert Haeger; Mr. Jim Jones, Safety Dir- ector of Trucking Industry; Mr. Richard Lightfoot, Public Relations Dept; Mr. John R. Kagle, director of the South Bend- Mishawaka Area Chamber of Commerce.. Mr. Fredrick D. Craven, Chairman of the Traffic Committee read the following report. To the Common Council of the City of South Bend: Your Traffic Committee to whom was referred, "AN ORDINANCE AMENDING CHAPTER 25, ARTICLE VI, SECTION 25 -80 of ORDINANCE NO. 4608 -63, BEING THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA 1962, REDEFINING TRUCK ROUTES. Respectfully report that they have examined the matter and that in their opinion the following recommendations be made to the City Engineer and the City Traffic Engineer. 1. Madison Street and Marion Streets from their intersection with Lincoln Way West, East to Michigan Street should be paved with an asphalt pavement of sufficient thickness to accommodate truck and heavy vehicular traffic. 2. The portion of the access route on Madison Street shown on Schedule A -1 attached to the ordinance that lies between its intersection with Lincoln Way West and its inter- section with Main Street; and that portion of the access route on Marion Street shown on schedule A -1 attached to the ordinance that lies between its intersection with Lincoln Way West and its intersection with Main Street be prohibited as to use by all intercity trucks as defined by paragraph (a) (b) and (c) of Section 25 -79 of Article VI of Chapter 25 of Municipal Code of South Bend, Indiana, between the hours of 10:00pm and 6:OOam local South Bend time; and that such time restrictions be promi- nently and adequately displayed for proper compliance by all intercity trucks. 3. Additional traffic signing be placed on all routes as defined by Schedule A -1 stressing the enforcement of the Anti -Noise Ordinance presently existing in the Municipal Code of South Bend, Indiana. 4. The access route of Olive Street between Western Avenue and Sample Street be deleted from Schedule.A -1 attached to the ordinance. Respectfully submitted, Frederick D. Craven Chairman Members of Committee: William W. Grounds Raymond C. Zielinski Walter Szymkowiak The report was accepted as read and placed on file. Mr. John R.',Kagle read the following letter from the South Bend - Mishawaka Area Chamber of Commerce, Inc. October 28, 1968 The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: The improvement and the modernization of our area's highway and transportation program is one of the principle areas of interest and concern of the South Bend - Mishawaka business community and is of top priority in the Chamber of Commerce, Program of Work. The inter -belt loop of the city's major arterial street system is not only a project of immediate importance to this community, but also reflects long range significance in the economic development of our area. It is de- signed to remedy the already burdened transportation system. This progress together with other future im- provements will assure a successful confrontation of the future changing needs of our growing and expanding municipal area. For these reasons, the Chamber of Commerce endorses the continuation of this program. It is regretful that progress will bring inconvenience to some of the citizenry. However, this is the price that we as a community must pay for progress. We sincerely hope that the City Council and our municipal officials, highway planners, the transportation industry, and the citizens affected will make a sincere joint effort to minimize the inconvenience and problems arising from highway progress. Respectfully submitted, VAN E. GATES, President 113 COMMITTEE OF THE WHOLE MEETING (continued) OCTOBER 28, 1968 Speaking against the Ordinance was Attorney Edward N. Kalamaros, who represented the Marion and Madison Street remonstrators. Mr. Kalamaros filed the following petition with the City Clerk. PETITION OF REMONSTRANCE We, the undersigned citizens and taxpayers of the City of South Bend, Indiana, residing where addresses are shown do by affixing our signatures hereto show our opposition and dissatisfaction, and by these premises register our remonstrance against the enactment of a proposed ordinance to amend Chapter 25, Article VI, Section 25 -80 of Ordinance No. 4608 -63, being the Municipal Code of the City of South Bend, Indiana, 1962, Redefining truck routes for the reasons to be stated to this Honorable Council by and through our legal representative. /s/ 368 signatures Mr. Kalamaros said there were twenty one objections to the Ordinance but pointed out only the following seven: Unbearable noise, dangerous to life and limb of people in this area, residential area, character of streets, construction of innerbelt, reduce street capacity, causes property damage, and depreciation in the valuation. Mr. Kalamaros then read a letter, directed to him, from the Inland Appraisal Company. Others speaking against the Ordinance were Mr. Phillip Nicar, 390 W. Marion, William F. Mclnerny, Attorney representing the Mar -Main Arms Apartmentq, Inc., and Mr. Walter Rice, chairman of the group of citizens. Councilman Palmer made a motion for a recess. Councilman Laven seconded the motion. Motion carried. Time 10:03 P.M. Reconvened 10:47 P.M. At this time speaking in favor of the Ordinance were Councilmen Reinke, Laven, and Szymkowiak who felt there should be a time restriction on the use of the by -pass. Councilman Wise stated we needed an innerbelt. Councilman Allen spoke in opposition citing the narrow streets and the shallow set back of houses from the street. Councilman Laven moved the Ordinance be reported favorably to Council with recommendation that items 2 and 4 of the Traffic Committee report be incorporated in a new Schedule A -1 and to withhold Third Reading until November 11, 1968. Councilman Reinke seconded the motion. Motion carried, 7 ayes, 2 nays, 0 absent. There being no further business before the Committee of the Whole, Councilman Allen made a motion to rise and report to the Council. Councilman Wise seconded the motion. Motion carried. Time: 11:12 P.M. ATTEST: APPROVED: CLERK C IRMAN