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HomeMy WebLinkAbout10-28-68 Council Meeting MinutesREGULAR MEETING OCTOBER 28, 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, October 28, 1968 at 11:18 P.M., nine members present, none absent. The meeting was called to order by President Robert 0. Laven, who presided. ROLL CALL PRESENT: Councilman Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Wise, Palmer, and Zielinski. ABSENT: None REPORT OF COMMITTEE ON MINUTES Councilman, Allen read the following report: Pursuant to a request by the Legal Department the form and wording but not the intent of the minutes of the "Special Meeting" of October 7, 1968, as approved by your Committee on minutes, have been changed to read as presented by the Legal Department. This change requires the approval of the Council Committee on minutes and it is the feeling of this Committee that the Council should approve the revision of the minutes by voice vote. Voice vote taken, 9 ayes, and no nays. The amended minutes are inserted following this page, Page 113A. 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 Meeting of October 14, 1968 and /s/ Albert E. Palmer Special Meeting of October 7, 1968, Minutes as amended. REPORT OF CITY CONTROLLER The report of the City Controller for the month of September, 1968 was submitted to the Council; each Councilman having received a copy of the report prior to the meeting. There being no objection, the report was accepted as read, and placed on file. PETITION PETITION TO REZONE PROPERTY LOCATED NEAR EDISON AND IRONWOOD. I, the undersigned, do hereby respectfully make application and petition the Common Council of the City of South Bend to amend the Zoning Ordinance of Municipal City of South Bend, Indiana as hereinafter requested, and in support of this application, the following facts are shown: 11 REGULAR MEETING (continued) OCTOBER 28 1968 PETITION (continued) 1. The property sought to be rezoned is located at approximately 330 feet West of the center line of Ironwood Drive, and approximately 212 feet North of the center line of Edison Road, being a rectangular tract 262.5 feet East and West, and 448 feet North and South, all in the Southeast Quarter of Section 31, Township 38 North, Range 3 East, and being approximately 2.8 acres in size. 2. The property is owned by Frances H. Buzby. 3. A legal description of the property is as follows: Beginning at a point (330) feet West and 172 feet North of the Southeast corner of the Southeast Quarter of Section 31, Township 38 North, Range 3 East; thence North 448 feet, more or less; thence West (262.5) feet to the East line of Rosemary Lane; thence South along said East line of Rosemary Lane (448) feet more or less, to a point (212) feet North of the South line of the said Southeast Quarter; thenee East parallel with the said South line of the said Southeast quarter (262.5) feet to the place of beginning. Also known as Lots 3,4,5,6, and 7 of Buzby's proposed First Addition. 4. It is desired and requested that the foregoing property be rezoned: From A Residential Use and A Height and Area District To B Residential Use and A Height and Area District 5. It is proposed that the property will be put to the following use and the following building will be constructed: Three multiple family apartment dwelling units, with appropriate parking and landscaping. 6. Number of off street parking spaces to be provided: Eighty -nine (89) 7. Attached is a copy of: a.) an existing plot plan showing my property and other surrounding "properties; b.) names and addresses of all the individuals, firms or corporations owning property within 300 feet of the property sought to be rezoned; c.) site development plan. /s/ Frances H. Buzby Petitioner 714 East Ewing, South Bend, Indiana Address Joseph T. Helling Suite 600, 224 W. Jefferson Blvd. South Bend, Indiana, 46601 Councilman Allen made a motion to refer the above Petition to the Area Plan Commission. Councilman Palmer seconded the motion. Motion carried. REPORT OF COMMITTEE OF THE WHOLE Your Committee of the Whole to whom was referred "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." Respectfully report that they have examined the matter and that in their opinion the Ordinance go to the Council as favorable. /s/ William W. Grounds Chairman There being no objection, the report was accepted as read, and placed on file. REPORT OF COMMITTEE OF THE WHOLE Your Committee of the Whole to whom was referred "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 WORTHINGTON PUMP IN THE TOTAL AMOUNT OF $5,554.87." Respectfully report that they have examined the matter and that in their opinion the Ordinance go to the Council as favorable. /s/ William W. Grounds Chairman There being no objection, the report was accepted as read, and placed on file. REPORT OF COMMITTEE OF THE WHOLE Your Committee of the Whole to whom was referred "AN ORDINANCE PROVIDING FOR THE RECEIVING AND CONVEYING OF A GIFT OF REAL PROPERTY TO THE CITY OF SOUTH BEND, INDIANA." Respectfully report that they have examined the matter and that in their opinion the Ordinance go to the Council as favorable. /s/ William W. Grounds Chairman There being no objection, the report was accepted as read, and placed on file. REGULAR MEETING OCTOBER 2$ 1968 REPORT OF COMMITTEE OF THE WHOLE Your Committee of the Whole 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, REDEFINING TRUCK ROUTES." Respectfully report that they have examined the matter and that in their opinion the Ordinance be reported favorable 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. /s/ William W. Grounds . Chairman There being no objection, the report was accepted as read, and placed on file. ORDINANCES, THIRD READING ORDINANCE NO. 5044 -68 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. 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. ORDINANCE NO. 5045 -68 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. 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. ORDINANCE NO. 5046 -68 AN ORDINANCE PROVIDING FOR THE RECEIVING AND CONVEYING OF A GIFT OF REAL PROPERTY TO THE CITY OF SOUTH BEND, INDIANA. (Fire Sta. No. 7) 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. Councilman Allen_ made a motion a letter of thanks be directed to the University of Notre Dame for the gift of property. Councilman Reinke seconded the motion. Motion carried. 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. Councilman Wise made a motion third reading be held, on the above Ordinance, November 11, 1968. Councilman Palmer seconded the motion. Motion carried. RESOLUTIONS RESOLUTION NO. 196 -68 A RESOLUTION AUTHORIZING LEASE OF AN UNUSED FIRE STATION TO A.C.T.I.O.N., INC. WHEREAS, the City of South Bend has vacated the fire station premises described in the copy of a lease, attached hereto as hereinafter recited, and has no current use for the premises, and WHEREAS, A.C.T.I.O.N., Inc., a non profit corporation and the agency designated to administer the local anti - poverty program, desire to lease said premises for office and headquarters use, and WHEREAS, the City of South Bend by virtue of said Lease can obtain in -kind credits toward its contribution to such program as required by the Federal Anti - poverty Program. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. Pursuant to the authority set forth in the Acts of the General Assembly for the year 1905, Chapter 129, that certain lease, entered into by and between the A.C.T.I.O.N., Inc., and the City of South Bend by and through the Board of Public Works and Safety, and its Mayor, on the 28th day of October, 1968 which lease is attached hereto, marked Exhibit "A', and incorporated herein by reference to the same extent as if it were fully recited herein, is hereby approved and confirmed. /s/ Robert 0. Laven Member of the Common Council Councilman Wise made a motion the Resolution be adopted by a roll call vote. Councilman Craven 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. A RESOLUTION NO. 197 -68 A RESOLUTION AUTHORIZING LEASE OF AN UNUSED FIRE STATION TO A.C.T.I.O.N., INC., FOR USE AS A NEIGHBORHOOD CENTER. WHEREAS, the City of South Bend, being the owner of a vacated fire station premises described in the copy of a lease, attached hereto as hereinafter recited, and has no current use for the premises, and WHEREAS, A.C.T.I.O.N., Inc., a non profit corporation and the agency designated to administer the local anti- poverty program, desire to lease said premises for a neighborhood center to provide social service to the residents of the City of South Bend, and WHEREAS, the City of South Bend by virtue of said Lease can obtain in -kind credits toward its contribution to such program as required by the Federal Anti - Poverty Program. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. Pursuant to the authority set forth in the Acts of the General Assembly for the year 1905, Chapter 129, that certain lease, entered into by and between the A.C.T.I.O.N., Inc., and the City of South Bend by and through the Board of Public Works and Safety, and its Mayor, on the 28th day of October, 1968, which lease is attached hereto, marked Exhibit "A ", and incorporated herein by reference to the same extent as if it were fully recited herein, is hereby approved and confirmed. /s/ Robert 0. Laven Member of the Common Council Councilman Grounds made a motion the Resolution be adopted by a roll call vote. Councilman Reinke seconded the motion.- The Resolution was adopted by a roll call vote of 9 ayes, Councilmen,Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Wise, Palmer, and Zielinski. 0 nays, 0 absent. NEW BUSINESS Councilman Craven said he had received many phone calls from people regarding the Juvenile. Detention Home, and the handling of cases. It seems that after the police bring the juvenile to the Detention Home there is some question as to what happens to the case. He recommended a meeting of the Judge, Police Dept. and the Head of the Home. Councilman Grounds suggested the Cty, Commissioner be called in. Councilman Wise also felt this should be looked into. Councilman Laven suggested that Councilman Craven and Councilman Grounds arrange a meet- ing with the above parties and notify the Council. Councilman Allen asked if anything had been done to the large hole on the property on Calvert St.,.that had been caused by the recent storm. Lloyd Taylor, City Engineer, said the matter had been turned over to the Insurance Co. City Attorney, Arthur Frisk, said the Insurance Co. felt it was and Act of.God, and denies any liability. There being no further business to come before the Council, Councilman Reinke made a motion to adjourn. Councilman Wise seconded the motion. Motion carried. Time: 11:40 P.M ATTEST: CLERK APPROVED: s PRESIDENT