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HomeMy WebLinkAbout04-28-69 Council Meeting MinutesW G REGULAR MEETING APRIL 28, 1969 REGULAR MEETING APRIL 28, 1969 Be it remembered that the Common Council of the City of South Bend, Indiana, met in the Council Chambers in City Hall on Monday, April 28, 1969, at 10:20 p.m., eight members present, one member absent. The meeting was called to order by Council President Robert 0. Laven, who presided. (ROLL CALL PRESENT: Councilmen Allen, Craven, Grounds, Laven, Reinke Szymkowiak, Wise and Zielinski ABSENT: Councilman Palmer REPORT OF COMMITTEE ON MINUTES ITo the Common Council of the City of South Bend: Your committee on the inspection and supervision of the minutes, would respectfully report that they have inspected the minutes of April 14, 1969 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 CITIZENS REQUESTS - MISCELLANEOUS MATTERS Mr. Roman J. Kowalski, 802 Birchwood Drive, asked the Council to see that a Crosswalk light be installed at the corner of Marion and Michigan Streets. He claimed he had notified Councilman Grounds of this matter and was told something would be done as soon as weather permitted. Councilman replied that he had discussed the matter with Traffic Engineer Haziniski. As a result of this discussion, Councilman Grounds said a light will be installed soon. Councilman Allen explained that the light wasn't installed in the beginning because it was a State Highway. Mr. Glen Vories, 214 E. Ewing Avenue, South Bend complained of a theft of his son's Go -cart, and stated the R3ice Department haven't followed it up with action. Council -- President Laven suggested to Mr. Vories that he contact the Detective Bureau to clear up the matter. (COMMUNICATION FROM JOSEPH T. HELLING, ATTORNEY April 22, 1969 President Common Council of City of South Bend City Hall South Bend, Indiana 46601 Re: Petition of Reygaert, et al to amend zoning ordinance - Lots 56 and 57 in Oakside Third Plat "Pizza Hut" Plat Plan IDear Sir: A public hearing on the above petition filed with the Common Council to amend the zoning ordinance of the City of South Bend was conducted by the Area Plan Commission on April 15, 1969, following which it was moved, seconded and unanimously carried that the ordinance and the site development plan be recommended unfavorably to your body. In the interest of conserving owners:,.we respectfully request at this any further consideration by your body; a withdrawal would- prohibit the introdu, accomodate these lots for a "Pizza Hut" tion of the Area Plan Commission. the time of your body, and the funds and expenses of the time the permission to withdraw the above petition from it being further expressly understood by us that such :tion of a petition to amend the zoning ordinance to again within a period of one year from the recommenda- A copy of this letter is being sent to the Clerk of the City. Sincerely yours, Joseph T. Helling I JTH:mb cc: Clerk, City of South Bend Mrs. Mary Reygaert Mr. James Locker . �64� 1 REGULAR MEETING APRIL 28, 1969 REPORT FROM ANNEXATION COMMITTEE Committee Report To the Common Council of the City of South Bend: Your Committee, The Annexation Committee, to whom was referred the annexation of an area consist- ing of approximately 10 acres of land in the Southeast one - quarter of Section 31, Township 38 North, Range 3 East located on the West side of State Road 23, South of Vaness Street. Respectfully report that they have examined the matter and that in their opinion the ordinance is recommended favorably to the Council as it is presented, and should be set for Public Hearing on May 12, 1969. It should be noted that it was recommended favorably to the Council by the Area Plan Commission. Robert 0. Laven Chairman REPORT FROM HOUSING COMMITTEE Committee Report To the Common Council of the City of South Bend: Your Committee, The Housing Committee, Respectfully report that: . For the purpose of cooperating with the Housing distributed District maps to each Distr housing sites selected by the Area Plan possible sites of his selection, in his Commission transferred all sites to one Authority of the City of South Bend, the Housing Commit ict Councilman. On these maps were marked the possible Commission. Each Councilman was to indicate on the map District. ,Upon return of the six maps, the Area Plan over -all City map. A joint meeting was held April 17, 1969, with members of the Housing Authority Commission, the Housing Committee and the Common Council and Mr. John Wilson of the Area Plan Commission. With four members of the Housing Committee present, (one absent) a vote was taken upon release of the map to the Housing Authority. A subsequent informal concensus vote was then taken of the seven members of the Common Council who were present, authorizing the release of the Housing Informational Map, with its advisory data, to the Housing Authority. In both calls for the vote, the action was sustained. To expedite the use of the map by contractors interested in submitting proposals to the Housing Authority, the map was then publicly released by Rabbi Albert Shulman, Chairman of the Housing Authority Commission, and Janet S. Allen, Chairman of the Housing Committee of the Common Council. Respectfully submitted by, THE HOUSING COMMITTEE /s/ Janet S. Allen, Chairman REPORT FROM ORDINANCE COMMITTEE - Committee Report April 24, 1969 To the Common Council of the City of South Bend: Your Committee, the Ordinance Committee, to whom was referred An Ordinance amending Sections 40 -27 and 40 -28 of the Municipal Code of the City of South Bend, Indiana, 1962, as amended, also known as Sections 10 and 11 of Ordinance of 4990, the Zoning Ordinance of the City of South Bend, Indiana, as amended. Respectfully report that they have examined the matter and that in their opinion The Ordinance should remain as presented to the Ordinance Committee and is recommended favorably to the Common Council. It should be noted that the Ordinance was reviewed and favorably recommended by the Area Plan Commission to the Common Council at its meeting of March 18, 1969. Robert 0. Laven Chairman 178 REGULAR MEETING 11REPORT FROM AREA PLAN COMMISSION II March 18, 1969 The Honorable Common Council Annexation Committee City of South Bend South Bend, Indiana II Gentlemen : APRIL 28, 1969 Location: State Road #23 South Bend Avenue & Vaness Street SUBJECT: The annexation of an area consisting of approximately 10 acres of land in the Southeast one quarter of Section 31, Township 38 North, Range 3 East located on the West side of State Road 23 south of Vaness Street. NATURE OF ANNEXATION AREA: The area consists of approximately 15 acres of vacant land. The character of the surround ing properties is single family residential and related residential uses with the University of Notre Dame located immediately west of the subject property. It is proposed to develop this area as a multi - family apartment complex. II 2. II 3 . CITY SERVICES: a. Police Department. The City of South Bend Police Department has indicated that the annexation of this 10 acre tract will not create a problem for the department and there will be no additional costs involved. b. Fire Department. The South Bend Fire Department has indicated that it would not impose any hardship of the department to respond to alarms from this area with men and equipment and still be within the limitations set forth by the American Insurance Association. c. Sanitation Department. The City of South Bend Sanitation Department indicated that garbage pick up service, would call for an additional man at a salary of $5,500 per year. d. Health Department. The Health Department is rendering services to this area now and has indicated that no change would be necessary if this area is annexed. e. Water Works. The City Water Works has indicated that it would be the responsibility of the property owner to extend the service to this property and that the Department would have no difficulty in supplying water service to the area. f. Street Department. This is an undeveloped area and any street construction would have to be to the city standards and therefore maintenance would be at a minimum. g. Engineering Department. The City Engineer's Office has indicated that although this is not an ideal annexation from the standpoint of compactness and adjacency to the present city limits, they look upon it favorably since the remainder of the area will be annexed by councilmanic ordinance. From the Department's standpoint, this annexation will not particularly increase their costs, except as the cost of operation of the Department might relate to a cost per square mile of the area of the City. h. Park Department. The Park Department has indicated that Ponader Park (10.38 acres) located at Maple Lane`and Douglas Roads and the Edison Park (18.03 acres) at Rockne Drive and Flag Avenue, would be accessable to any residents of the area. ANNEXATION DETERMINANTS: a. THE ANNEXATION IS IN THE BEST INTERESTS OF THE CITY AND OF THE TERRITORY SOUGHT TO BE ANNEXED. Since the area is undeveloped, it appears to be in the best interests that annexation take place prior to development. By doing such, City facilities and services can be provided at the time of development. 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 REASONABLE NEAR FUTURE. Since the developer will be required to pay for the cost of extending municipal services, the annexation of this area will pose no hardship of financial burden to the City. e. THE AREA SOUGHT TO BE ANNEXED, IF UNDEVELOPED, IS NEEDED FOR DEVELOPMENT OF THE CITY IN THE REASONABLY NEAR FUTURE. With a limited amount of vacant land within the City, urban development has been occuring on the periphery of the City. The area to be annexed is needed for the continuous and logical development of the City. In order to develop the petition for an apartment project, as proposed by the developer, City services and facilities will be required in the immediate future. 7 REGULAR MEETING APRIL 28, 1969 REPORT FROM AREA PLAN COMMISSION (Continued) f. THE LINES OF THE ANNEXATION ARE SO DRAWN AS TO FORM A COMPACT AREA ABUTTING THE MUNICIPALITY. Although this is not an ideal annexation from the standpoint of compactness and adjacency to the present city limits, the remainder of the surrounding area will be annexed by council - manic ordinance in the near future. This will help to eliminate any unnecessary meandering of the municipal boundaries along rights -of -way and property lines. 4. SUMMARY: The area is comprised of approximately ten acres of vacant land. City services can be provided within the reasonably near future thereby benefiting the area. All areas contiguous to the boundaries of the city can be considered as an integral part of the urban pattern by nature of its location. The annexation meets the six determinants of annexation; complies with the criteria set forth in the City's annexation study and is located within the generalized annexation limits established in this study. Very truly yours, John K. Wilson /s/ Executive Director There being no objections, the report was accepted and placed on file. REPORT FROM AREA PLAN COMMISSION April 18, 1969 The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: Location: Main & Ewing Streets Erection of Kroger Store The attached rezoning petition was legally advertised under date of April 5 and 12 and given public hearing on April 15, 1969. The following action was taken: After due consideration it was moved, seconded, and unanimously carried that the ordinance and site development plan be recommended favorably to the Common Council. Attached hereto and made a part of this report are the minutes of the meeting. Very truly yours, John K. Wilson, /s/ Executive Director There being no objections, the report was read and accepted and placed on file. REPORT FROM AREA PLAN COMMISSION April 18, 1969 The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: Location: 2901 N. Michigan Street The attached rezoning petition of Mary Reygaert, etal, was legally advertised under date of April 5, and 12 and given public hearing on April 15, 1969. The following action was taken After due consideration it was moved, seconded and unanimously carried that the ordinance and site development plan be recommended unfavorably to the Common Council. Attached hereto and made apart of this report is an excerpt of the minutes of this meeting. Very truly yours, John K. Wilson /s/ Executive Director There being no objections, the report was accepted and placed on file. .REPORT OF CITY CONTROLLER The report of the City Controller for the month of March, 1969, was submitted to the Council, each Councilman having received a copy prior to the meeting. There being no objections, the report was accepted as submitted and placed on file. REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: REGULAR MEETING APRIL 28, 1969 IREPORT OF COMMITTEE OF THE WHOLE (Continued) Your Committee of the Whole to whom was referred "AN ORDINANCE AMENDING SECTIONS 40 -27 AND 40 -2$ OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA 1962, AS AMENDED, ALSO KNOWN AS SECTIONS 10 AND 11 OF ORDINANCE NO. 4990, THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED." IRespectfully 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. IIREPORT OF COMMITTEE OF THE WHOLE IITo the Common Council of the City of South Bend: Your Committee of the Whole to whom was referred "AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WATER WORKS OF THE CITY OF SOUTH BEND, INDIANA, AND MIDWEST JANITOR SERVICE AND SUPPLY, INCORPORATED, SOUTH BEND, INDIANA, FOR JANITORIAL SERVICES IN THE SUM OF $5,700.00." I lRespectfully report that they have examined the matter and that in their opinion the Ordinance to the Council as favorable. /s/ William W. Grounds Chairman IlThere being no objection, the report was accepted as read and placed on file. IIREPORT OF COMMITTEE OF THE WHOLE IITo the Common Council of the City of South Bend: I 159 Your Committee of the Whole to whom was referred "AN ORDINANCE AMENDING SECTION 25 -60 OF SECTION OF CHAPTER 29 OF THE CODE OF 1949, AS AMENDED." I Igo Respectfully report that they have examined the matter and that in their opinion the Ordinance to the Council as favorable. /s/ William W. Grounds Chairman IlThere being no objection, the report was accepted as read and placed on file. ((REPORT OF COMMITTEE OF THE WHOLE 11To the Common Council of the City of South Bend: Your Committee of the Whole to whom was referred" AN ORDINANCE AMENDING SECTION 25 -66 OF SECTION 65 OF CHAPTER 29 OF THE CODE OF 1949, AS AMENDED, PROVIDING A PENALTY FOR THE VIOLATION OF SAID ORDINANCE." I lRespectfully report that they have examined the matter and that in their opinion the Ordinance to the Council as favorable as amended. /s/ William W. Grounds Chairman IlThere being no objection, the report was accepted as read and placed on file. JJREPORT.OF COMMITTEE OF THE WHOLE IlTo the Common Council of the City of South Bend: Your Committee of the Whole to whom was referred "AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION TO ACCOUNT P -23, "INSTRUCTION" IN THE AMOUNT OF $500.00 AND THE TRANSFER OF SAID SUM FROM ACCOUNT P -11, "SERVICES PERSONAL" AND FOR AN ADDITIONAL APPROPRIATION TO ACCOUNT P -213, "TRAVEL EXPENSE ", IN THE AMOUNT OF $2,000.00 AND THE TRANSFER OF SAID SUM FROM ACCOUNT P -11, "SERV'ICES PERSONAL ", IN THE POLICE DEPARTMENT, ALL BEING WITHIN THE GENERAL FUND." IRespectfully 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 IlThere being no objection, the report was accepted as read and placed on file. REGULAR MEETING ORDINANCES, THIRD READING ORDINANCE NO. 5077 -69 APRIL 28, 1969 AN ORDINANCE AMENDING SECTIONS 40 -27 AND 40 -28 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1962, AS AMENDED, ALSO KNOWN AS SECTIONS 10 AND 11 OF ORDINANCE NO. 4990, THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED. The Ordinance was given third reading and passed by a roll call vote of 8 ayes (Councilmen Allen, Craven, Grounds, Laven, Reinke, Szymkowiak, Wise and Zielinski) 0 nays, 1 absent (Councilman Palmer),. ORDINANCES, THIRD READING ORDINANCE NO. 5078 -69 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WATER WORKS OF THE CITY OF SOUTH BEND, INDIANA, AND MIDWEST JANITOR SERVICE AND SUPPLY, INCORPORATED, SOUTH BEND INDIANA, FOR JANITORIAL SERVICES IN THE SUM OF $5,700.00. The Ordinance was given third reading and passed by a roll call vote of 8 ayes (Councilmen Allen, Craven, Grounds, Laven, Reinke, Szymkowiak, Wise and Zielinski) 0 nays, 1 absent (Councilman Palmer) . ORDINANCES, THIRD READING ORDINANCE NO. 5079 -69 AN ORDINANCE AMENDING SECTION 25 -60 OF SECTION 59 OF CHAPTER 29 OF THE CODE OF 1949, AS AMENDED. The Ordinance was given third reading and passed by a roll call vote of 5 ayes (Councilmen Laven Grounds, Craven, Reinke and Zielinski) 3 nays (Councilmen Allen, Szymkowiak and Wise) 1-absent (Councilman Palmer). ORDINANCES, THIRD READING ORDINANCE NO. 5080 -69 AN ORDINANCE AMENDING SECTION 25 -66 OF SECTION 65 OF CHAPTER 29 OF THE CODE OF 1949, AS AMENDED, PROVIDING A PENALTY FOR THE VIOLATION OF SAID ORDINANCE, AS AMENDED. The Ordinance was given third reading and passed by a roll call vote of 8 ayes (Councilmen Allen, Craven, Grounds, Laven, Reinke, Szymkowiak, Wise and Zielinski) 0 nays, 1 absent (Councilman Palmer). ORDINANCES, THIRD READING ORDINANCE NO. 5081 -69 AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION TO ACCOUNT P -23, "INSTRUCTION" IN THE AMOUNT OF $500.00 AND THE TRANSFER OF SAID SUM FROM ACCOUNT P -11, "SERVICES PERSONAL" AND FOR ADDITIONAL APPROPRIATION TO ACCOUNT P -213, "TRAVEL EXPENSE ", IN THE AMOUNT OF $2,000.00 AND THE TRANSFER OF SAID SUM FROM ACCOUNT P -11, "SERVICES PERSONAL ", IN THE POLICE DEPARTMENT, ALL BEING WITHIN THE GENERAL FUND. The Ordinance was given third reading and passed by a roll call vote of 8 ayes (Councilmen Allen, Craven, Grounds, Laven, Reinke, Szymkowiak, Wise and Zielinski) O nays, 1 absent (Councilman Palmer). ORDINANCES, FIRST AND SECOND READING ORDINANCE AN ORDINANCE ANNEXING TO THE CITY OF SOUTH BEND CERTAIN LAND CONTIGUOUS THERETO. (State Road #23, South Bend Avenue Vaness Street) The Ordinance was given first reading by title and second reading in full. Councilman Reinke made a motion that the Ordinance be set for public hearing on May 12, 1969. Councilman Allen seconded the motion. Motion Carried. _s REGULAR MEETING ORDINANCES, FIRST AND SECOND READING ORDINANCE AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, IDENTIFIED AS ORDINANCE NO. 4990, ORDINANCE NO. 3702, AS AMENDED, TO THE EXTENT IT IS STILL EFFECTIVE, AND THE MUNICIPAL CODE OF SOUTH BEND, INDIANA, SECTIONS 40 -1 TO SECTIONS 40 -43, AS AMENDED, TO THE EXTENT IT IS STILL EFFECTIVE. APRIL 28, 1969 The Ordinance was given first reading by title and second reading in full. Councilman Craven made a motion that the Ordinance be set for public hearing on May 12, 1969. Councilman Zielinski seconded the motion. Motion carried. ORDINANCES, FIRST AND SECOND READING ORDINANCE AN ORDINANCE AMENDING CHAPTER 25 SECTION 61 OF THE SOUTH BEND MUNICIPAL CODE RELATING TO OVERTIME PARKING The Ordinance was given first reading by title and second reading in full. Councilman Craven made a motion that the Ordinance be set for public hearing on May 12, 1969. Councilman Grounds seconded the motion. Motion carried. UNFINISHED BUSINESS Councilman Laven submitted a letter (for the recorO from Motor Service & Parts, Inc. objecting to the change of the parking meter charges, as follows: Motor Service & Parts, Inc. Distributors of Parts, Equipment & Supplies 317 Lafayette Bldg. (South Bend.,. Indiana, 46601 Members of the Council: We would like to go on record at this time as being against the change of the parking meter charges being increased from 1� to 56, for twelve minutes and from 56, to 10,� per hour. Aside from the fact that it will inconvenience just the average shopper in the down -town area, we as a down -town business will find it especially detrimental. A number of years ago we were granted two twelve - minute meters in front of our store, due to the limited parking space for our customers. Most of our customers precede their trip to the store by a phone call asking that the orders be ready to be picked up. This in many cases takes under ten minutes. Naturally, if we cannot extend this small courtesy to our customers, they will go to the areas where.there is unlimited parking at no charge. As for the increase in traffic ticket fines for over - parking, we believe that if this must be done, it should be delayed until the proposed parking buildings are constructed and ample parking space is available to those of us who are compelled to patronize the down -town area. lRespectfully yours, (Motor Service & Parts, Inc. I Isl S. J. Krug (Vice- President Councilman Allen submitted a letter from Mr. Jesse L. Dickinson, Executive Director of The Housing Authority as follows: The Common Council of The City of South Bend, Indiana City Hall South Bend, Indiana 46601 Attention: Committee on Housing IlGentlemen: The Board of Commissioners of The Housing Authority of the City of South Bend, Indiana wishes to commend and thank the Common Council and its Committee on Housing for its interest, participation and acceptance of responsibility in matters pertinent to the housing of low and moderate income families in this city. ,Your courage, leadership and diligence are without precedent, we believe, anywhere in these United States. Long after the days of your years,,thousands of South Benders will have a chance of a (better life because of your efforts. Sincerely, The Commissioners By: /s/ Jesse L. Dickinson i REGULAR MEETING APRIL 28, 1969 UNFINISHED BUSINESS Councilman Zielinski submitted a petition as follows: We,the undersigned, do hereby petition the City of South Bend, Indiana to fill up the chuckholes and put oil or some type of dust control on the part of Meadowlane running east and west between Lombardy Drive south and Parkway south. The petition was signed by 14 petitioners in the area. The petition was referred to City Engineer Lloyd Taylor and the Street Department. Councilman Szymkowiak asked that the City repair fencing around the City Cemetery_ on LaPorte Avenue. City Engineer Lloyd Taylor said that the Schuell Fence Company has the contract and it will be done soon. NEW BUSINESS Councilman Laven instructed the Clerk to write a letter to the City High Schools asking them to cooperate with the Police Department in halting the littering of the streets around the high - schools where students park and scatter debris during their lunch hour. There being no further business to come before the Council, Councilman Allen made a motion to adjourn. Councilman Craven seconded the motion. Motion carried. Council adjourned at 10:54 p.m. ATTEST: APPROVED: LE RK PRESIDENT