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HomeMy WebLinkAbout10-27-69 Council Meeting MinutesOCTOBER 27, 1969 REGULAR MEETING 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 27, 1969 at 8:02 p.m., with all members present. The meeting was called to order by Council President Robert 0. Laven. The invocation was given by Reverend Henry Zych, Assistant, St. Joseph Church, 226 N. Hill Street, South Bend, Indiana. ROLL CALL PRESENT Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Wise, Palmer and Zielinski ABSENT None Council President Laven entertained a motion to resolve the - Council into the Committee of the Whole on the state of the City to consider the items listed on the agenda for the consideration of the Committee of the Whole. Councilman Grounds made a motion to return to the Committee of the Whole. Councilman Reinke seconded the motion. Motion carried. COMMITTEE OF THE WHOLE MEETING Be it remembered that the Common Council of the City of South Bend, Indiana met in the Committee of the Whole in the Council Chambers of City Hall on Monday, October 27, 1969, at 8:10 p.m., all members present. The meeting was called to order by Chairman William W. Grounds, who presided ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION FROM THE GENERAL FUND IN THE AMOUNT OF $2302.95 TO ACCOUNT P -722, "MOTOR EQUIPMENT" IN THE SOUTH BEND POLICE DEPARTMENT. This being the time he set for public hearing on the above Ordinance, proponents and opponents were given an opportunity to be heard thereon. Police Chief Loren Bussert spoke in favor of the Ordinance, explaining that the request for the fund transfer was being made for the purchase of a new motorcycle to replace one that was damaged in an accident. Councilman Wise made a motion that the Ordinance go to the Council as favorable. Councilman Craven seconded the motion. Motion carried. ORDINANCE ' AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION TO ACCOUNT P -.252, "REPAIRS OF EQUIPMENT ", IN THE AMOUNT OF $2,000.00 AND THE TRANSFER OF SAID SUM FROM ACCOUNT P -11, "SERVICES PERSONAL ", AND AN ADDITIONAL APPROPRIATION TO ACCOUNT P -361, "PHOTO SUPPLIES ", IN THE AMOUNT OF $600.00, AND THE TRANSFER OF SAID SUM FROM ACCOUNT P -11, "SERVICES PERSONAL" IN THE POLICE 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. Police Chief Loren Bussert explained that the transfer of funds should carry the account through the remainder of the year. He said the demands from the numerous departments within the City for services rendered for Zerox and micro -film work have exceeded the Police Department's allowance for this year. He also stated that the charges for these services go into the General Fund. The department has also had heavy repair requirements. Councilman Allen made a motion that the Ordinance go to the Council as favorable. Councilman Craven seconded the motion. Motion carried. ORDINANCE COMMITTEE OF THE WHOLE MEETING OCTOBER 27, 1969 AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION TO ACCOUNT U -324, "OTHER GARAGE AND MOTOR SUPPLIES ", IN THE AMOUNT OF $5,000.00 AND THE TRANSFER OF SAID SUM FROM ACCOUNT U -2211 "ELECTRIC CURRENT ", IN THE MUNICIPAL SERVICES 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. City Controller James A. Bickel explain- ed that the money is available for this transfer of funds. Municipal Services Manager Richard Duck answered various questions from the Councilmen. Councilman Laven made a motion that the Ordinance go to the Council as favorable. Councilman Szymkowiak seconded the motion. Motion carried. nPnTNANrR AN ORDINANCE ANNEXING TERRITORY TO THE MUNICIPAL CITY OF SOUTH BEND, INDIANA, GENERALLY DESCRIBED AS THE LIBERTY HIGHWAY - -BY -PASS ANNEXATION. ,This being the time heretofore set for public hearing on the above Ordinance, proponents and opponents were given an opportunity to be heard thereon. Councilman Reinke outlined the purposes of annexation. He stated that the Area Plan Commission provided a study of annexation in 1966 and the plan they submitted is comparable to the one the Council is trying to provide in an orderly fashion. City Engineer Lloyd Taylor explained the physical features of the area. Attorney Guy H. McMichael, who represented ihe land owners and the people affected by the annexation, said that ninety percent of the area is muckland unsuitable for anything but farmland, which if annexed will be farmland taxed at city tax rates. He challenged the ability of the City to provide City services in the near future. Mr. Taylor answered many questions raised by Mr. McMichael. In reply to Councilman Allen's question concerning farm animals in the City, City Attorney, Shep- ard Crumpacker said farms could continue to operate after annexation but that there is a City Ordinance prohibiting the breeding of live stock. Councilman Laven made a motion that the Ordinance go to the Council as favorable. Councilman Reinke seconded the motion. Motion carried. 7 ayes, (Councilmen Laven, Craven, Reinke, Allen, Grounds, Palmer, Wise) 2 nays, (Councilmen Szymkowiak and Zielinski). ORDINANCE AN ORDINANCE ANNEXING TERRITORY TO THE MUNICIPAL CITY OF SOUTH BEND, INDIANA, GENERALLY DESCRIBED AS LYING NORTH OF DOUGLAS ROAD, WEST OF MAPLE ROAD AND SOUTH OF THE NORTHERN INDIANA TOLL ROAD. This being the time heretofore set for public hearing on the above Ordinance, proponents and opponents were given an opportunity to be heard thereon. City Engineer Lloyd Taylor explained the physical features of the proposed annexed area. Attorney Isadore D. Rosenfield spoke for the resident remonstrators. He asked if the City could provide City services to the Area and he also said the residents had nothing to gain if annexed. Councilman Allen explained the action of the Council for removal of the 3 -year moratorium. She said "why should City residents assume costs of improvements for your area ?" Mr. Ralph Butler, 22512 Cleveland Road, South Bend, objected to the annexation of the area. Councilman Laven stated that the removal of the moratorium was not supported by all the Council members. Councilman Reinke made a motion that the Ordinance go to the Council as favorable. Councilman Allen seconded the motion. Motion carried. 9 ayes, 0 nays. Councilman Laven made a motion for a 10- minute recess. Councilman Grounds seconded the motion. Motion carried. Time 10:00 p.m. The Committee of the Whole meeting reconvened at 10:10 p.m. 11 ORDINANCE AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY OF SOUTH BEND, INDIANA, CERTAIN LANDS. (Miami Road, 600 feet South of Ireland Road) This being the time heretofore set for public hearing on the above Ordinance, proponents and opponents were given an opportunity to be heard thereon. City Engineer Lloyd Taylor explained the physical features of the area. He said all City services are available to the area, however, street lighting would need to be installed. Attorney Stephen Seall spoke for the owners of the property. He asked that the City annex the area. Councilman Allen made a motion that the Ordinance go to the Council as favorable. Councilman Reinke seconded the motion. Councilman Allen withdrew her motion. Councilman Laven made a motion that the Ordinance be amended as follows: Amended Section 2 shall read: Section 2: Ordinance No. 4913 -67 is hereby amended by deleting from the area sought to be annexed by said Ordinance, the area being annexed by this Ordinance. Section 2 of the Ordinance shall read Section 3 (amended). Councilman Wise seconded the motion. Motion carried. Councilman Allen made a motion that the Ordinance go to the Council favorable, as amended. Councilman Reinke seconded the motion. Motion carried. 8 ayes, (Councilmen Laven, Craven, Allen, Reinke, Grounds, Wise, Palmer, Zielinsk� 1 nay, (Councilman Szymkowiak) COMMITTEE OF THE WHOLE MEETING OCTOBER 27, 1969 ORDINANCE AN ORDINANCE ANNEXING TERRITORY TO THE MUNICIPAL CITY OF SOUTH BEND, INDIANA, WHICH IS GENERALLY DESCRIBED AS THE IRELAND -- IRONWOOD ANNEXATION. EM This being the time heretofore set for public hearing on the above Ordinance, proponents and opponents were given an opportunity to be heard thereon. City Engineer Lloyd Taylor explained the general features of the area. He said additional sewers will have to be constructed in order to adequately collect the storm water. Residents objecting to the proposed annexation were Mr. William Becker, 17675 Jackson Road, South Bend; Mr. Thomas Robinson, 17810 Hartman Street, South Bend; Chester Robbins, 17860 Hartman St, South Bend; Mr. Robert Harke, 175 Battles Road, Mishawaka, Indiana and Mr: Plaia, 17333 Battles Street, South Bend. They said their own volunteer Fire Department outclasses any service the South Bend City Fire Department can render in the remote area; they also objected to the high taxes they would pay and claimed they are allied with Mishawaka economically, socially and culturally rather than with South Bend. They claimed they have their own sewer and water systems. Councilman Laven made a motion that the Ordinance go to the Council as favorable. Councilman Reinke seconded the motion. Motion carried. 8 ayes (Councilmen Laven, Craven, Allen, Reinke, Grounds, Wise, Palmer and Zielinski) 1 nay (Councilman Szymkowiak) ORDINANCE AN ORDINANCE ANNEXING TERRITORY TO THE MUNICIPAL CITY OF SOUTH BEND, INDIANA, WHICH IS GENERALLY DESCRIBED AS THE INWOOD ROAD ANNEXATION. This being the time heretofore set for public hearing on the above Ordinance, proponents and opponents were given an opportunity to be heard thereon. City Engineer Lloyd Taylor explained the general features of the area. Attorney Russell Kuehl representing Joseph Oliver, the owner of a 40 -acre tract of farmland, asked what prompted the Council to promote this annexation. He asked that this annexation be held over for further study. Mr. Richard A. Muessel, developer of the Topsfield subdivision, said he owns 70 acres in the tract and prefers that annexation come later when his plans for the development are more definite. Councilman Allen made a motion that the Ordinance go back to the Ordinance Committee for further study. She withdrew her motion Councilman Laven made a motion that the Ordinance go to the Council as favorable. Councilman Reinke seconded the motion. Motion carried. 7 ayes (Councilmen Laven, Craven, Reinke, Grounds Wise, Palmer, Zielinski) 2 nays (Councilmen Szymkowiak and Allen) ORDINANCE AN ORDINANCE ANNEXING TERRITORY TO THE MUNICIPAL CITY OF SOUTH BEND, INDIANA, WHICH IS GENERALLY DESCRIBED AS THE 1/8 SECTION NORTH OF TOPSFIELD AND EAST OF IRONWOOD. This being the time heretofore set for public hearing on the above Ordinance, proponents and opponents were given an opportunity to be heard thereon. Attorney Russell Kuehl represented the owners of the area. He claimed there are no buildings or persons on this land and it is located in Penn Township. He said this also was farmland and he thought there was not a useful purpose for annexing this area, however, he said the owners would like to be informed and not pushed into the City. Councilman Laven said the present zoning for the land is now Agricultural. Councilman Laven made a motion that the Ordinance go to the Council as favorable. Councilman Reinke seconded the motion. Motion carried. 6 ayes (Councilmen Laven, Reinke, Craven, Grounds, Wise, Palmer) 3 nays (Councilmen Allen, Szymkowiak and Zielinski) ORDINANCE AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY OF SOUTH BEND, INDIANA, CERTAIN LANDS AND PROVIDING FOR THE ZONING CLASSIFICATION THEREOF. (Location: 27 acre tract, North of Fillmore Road, West of Lombardy Drive, Portage Township) This being the time heretofore set for public hearing on the above Ordinance, proponents and opponents were given an opportunity to be heard thereon. Attorney Sam Mirkin spoke in behalf of the residents of the area. He filed a petition which he said bore the names of 530 signers who objected to the annexation, most of which lived outside the tract to be annexed. He stated that the people knew the purpose of the annexation - -it's for low- income housing and the West Side already is cluttered with public housing." Attorney F. Jay Nimtz represented the petitioner Neva L. Templeton, 19391 Haviland Drive. The First Community Development Corp.has a contract to purchase the site. He said a plot plan has been filed with the Council showing that 118 single - family housing units are to be erected on the site. Councilman Grounds stated that the only issue before the Council was annexation. Residents speaking against the Ordinance were Mr. Edward Galvas, 55121 Chamberlain, South Bend; Mr. Tom Enyert, 4605 Ridgeway, South Bend; and Mr. Richard O. Chwalek, 205 Woodhill Lane, South Bend. They claimed public housing in this area will overload the sewer systems, the schools and "create chaos." Councilmen Allen and Reinke and City Engineer Lloyd Taylor spoke for the administration and the Council when they replied that the City must increase its tax base in order to assure continued growth and economic growth and economic health. They said the suburban areas are a part of the metropolitian area. COMMITTEE OF THE WHOLE MEETING OCTOBER 27, 1969 ORDINANCE (Lombardy - Fillmore Annexation) Councilman Laven made a motion that the title of the Ordinance be amended as follows: (1) AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY OF SOUTH BEND, INDIANA, CERTAIN LANDS. (2) Present Section 2 be deleted in its entirity (3) Present Section 3 be changed to Section 2 Councilman Allen seconded the motion. Motion carried. Councilman Szymkowiak made a motion that the Ordinance go to the Council as unfavorable. Councilman Zielinski seconded the motion. Motion defeated. 4 ayes (Councilmen Szymkowiak, Zielinski, Wise and Craven) 5 nays (Councilmen Reinke, Laven, Palmer, Allen and Grounds) Councilman Laven made a motion that the Ordinance go to the Council as favorable. Councilman Reinke seconded the motion. 5 ayes (Councilmen Laven, Allen, Reinke, Grounds, Palmer): 4 nays (Councilmen Craven, Wise, Zielinski and Szymkowiak) Motion carried. There being no further business to be considered in the Committee of the Whole at this time, Councilman Laven made a motion to recess. and reconvene in the Council at 8:00 .m._ Tuesda� _evening, October 28, 1969. Councilman Grounds seconded the motion. Motion carried. Time: 12:3.m. ATTEST: CITY CLERK APPROPD : CHAIRMAN s