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Home My WebLink About11-24-69 Council Committee of the Whole Meeting MinutesREGULAR MEETING NOVEMBER 24, 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, November 24, 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 William J. Neidhart, Holy Cross Church, 1520 Vassar Street, South Bend, Indiana. ROLL CALL PRESENT Councilmen Laven, Craven, Allen, 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 resolvento 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, November 24, 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 TO ACCOUNT E -215, "TRAVELING EXPENSES" IN THE AMOUNT OF $200.00 AND THE TRANSFER OF SAID SUM.FROM ACCOUNT E -12, PRO -TEM JUDGE AND JURIES, SPECIAL JUDGE, PAUPER ATTORNEY, MENTAL EXAMS AND WITNESS FEES ", IN THE OFFICE Ck' THE CITY JUDGE, ALL BEING WITHIN THE GENERAL FUND. This being the time heretofore set for public hearing on the above Ordinance, proponents and opponents were given anopportunity to be heard thereon. City Controller James A. Bickel explain ed the appropriation was needed for travel expenses involved in the serving of City Court supoenas due to the increased Court load. Councilman Szymkowiak made a motion that the Ordinance go to the Council as favorable. Councilman Zielinski seconded the motion. Motion carried. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702, (Location: Portage -Maple Rds.- Indiana Toll Rd.) 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 Joseph Roper represented the petitioners, the Place Family and Waggoner Family. He explained the apartment units.were to be two and three bedroom dwellings, there would be adequate recreational and parking space and sewage construction would be adequate. He also stated the developers were bound by contract to find an alternate site for the Little League Ball Park now located on the proposed tract. Councilman Reinke made a motion that the Ordinance go to the Council as favorable. Councilman Laven seconded the motion. Motion carried. 7 COMMITTEE OF THE WHOLE MEETING NOVEMBER 24, 1969 ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE 4990- CHAPTER 40 OF MUNICIPAL CODE (FORMERLY ZONING ORDINANCE 3702). Location: East Bank of St. Joseph River, North of Angela Blvd. This being the time heretofore set for public hearing on the above Ordinance, proponents and opponents were given an opportunity to be heard thereon. Mr. Doug Carpenter, Area Plan Commis- sion, spoke on behalf of the developers, Whitcomb & Keller. He said the site plan has been approved and the area is now being filled. Councilman Laven made a motion that the Ordinance be amended as follows: "the word "plot" be deleted from the last line in Section Iand the words "site development" be inserted," Councilman Wise seconded the motion. Motion carried. Councilman Allen made a motion that the Ordinance go to the Council favorable as amended. Council man Palmer seconded the motion. Motion carried.' 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, SECTION 40 -1 TO SECTIONS 40 -43, AS AMENDED TO THE EXTENT IT IS STILL EFFECTIVE. (Location: 732 -744 W. Washington St.) 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 Szymkowiak made a motion, seconded by Councilman Wise, that the public hearing on this Ordinance be set over to December 8, 1969. Motion carried. 8 ayes, (Councilmen Laven, Craven, Allen, Grounds, Szymkowiak, Wise, Palmer and Zielinski) 1 nay, (Councilman Reinke) ORDINANCE AN ORDINANCE ANNEXING TERRITORY TO THE CITY OF SOUTH BEND, INDIANA. (Lilac Rd. - Westminster Church) 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 Attorney S. J. Crumpacker spoke on behalf of the petitioners and stated that a new Church will be built on the tract. Councilman Laven made a motion that the Ordinance go to the Council as favorable. Councilman Reinke seconded' the motion. Motion carried. ORDINANCE AN ORDINANCE ANNEXING TERRITORY TO THE MUNICIPAL CITY OF SOUTH BEND, INDIANA, WHICH IS GENERALLY DESCRIBED AS LIBERTY HIGHWAY (S.R. #23), BY -PASS AND GE RTRUDE STREET (LINDEN) 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 Laven and City Engineer Lloyd Taylor explained the purpose of annexation and the physical features of the area. Council- man Craven read a letter from the Midwest Turnkey Builders, Inc. as follows: South Bend Common Council City Hall, South Bend, Indiana Attention: Mr. Robert 0. Laven, President Reference: Ewing and Grant Street Tract Gentlemen: Please be advised that we are working on an alternate proposal for "Turnkey housing" which we anticipate announcing in the next several days. Accordingly, we suggest that final action on the proposed separate ordinance for the annexation of referenced tract might well be postponed for 30 days, with the view that the subject matter might then be tabled for the foreseeable future. Respectfully yours, /s/ Paul C. Luthringer, General Manager PCL /cg 2 if so COMMITTEE OF THE WHOLE MEETING NOVEMBER 24, 1969 ORDINANCE LIBERTY HIGHWAY (S.R. #23), BY PASS AND GERTRUDE ST. (LINDEN) (Cont'd.) The following letter from the South Bend - Mishawaka Area Chamber of Commerce was read by Mr. Stephen McTigre, 1113 Fairfax Drive, Mishawaka, Indiana: STATEMENT OF POLICY Inasmuch as the Cities of South Bend and Mishawaka comprise the economic center of St. Joseph County, many persons living in unincorporated areas of the county depend upon the employment opportunities, social services, entertainment facilities, and commercial enterprise of the cities. The taxpayers of these two cities pay not only for their own city services but, in addition, pay 67 percent of the cost of county government. Because of the rising cost and the failure of state government to provide meaningful property tax relief, an urgent need has arisen for the expansion of the property tax base of the local cities. Also, the ability to remain competitive with our urban areas across the country and around the world depends on orderly expansion. This type of expansion will provide for the responsible regulation of urban development and for the extension of city services to areas adjacent to a city. Thorough studies have been made and evaluated which recommend annexation programs for the Cities of South Bend and Mishawaka. The Board of Directors of the South Bend- Mishawaka.Area Chamber of Commerce recommends the concept of orderly annexation for the two cities and urges appropriate city officials to take all necessary steps to implement prudent annexation programs in the shortest possible time so that such a program can be of maximum benefit to the citizens of South Bend and Mishawaka and surrounding territory. Stephen McTigre November 17, 1969 Attorney John Humphreys, representing the people both outside and inside the proposed area to be annexed, asked that the Council delay 30 days, the decision of annexation, as stated in the Midwest Turnkey letter. He also said the group would continue to resist the annexation, which includes much farm land and open area, even though it did not involve-public housing. Council- man Laven stated the C �P uld vote on it, tonight. Councilman Allen asked for a 10- minute recess. Councilman Craven emotion. Motion carried. Time: 9:20 p.m. Reconvened 9:55 p.m. Others speaking against the Ordinance were, John Kovatch, 1501 W. Ewing St., South Bend; Reverend Doriot, St. Marys of the Assumption Church, 58790 Locust Road, South Bend; George Poscharsky, 701 W. Ewing Ave. South Bend; Edward Galvas, 55121 Chamberlin Drive, South Bend; Joseph Kolozar, 2017 Prairie Ave. South Bend; Wayne Marshall, 1635 S. Brookfield, South Bend; and H. Theodore Noell, Attorney, South Bend, Indiana. Councilman Laven made a motion that the Ordinance go to the Council as favorable. Councilman Reinke seconded the motion. Councilman Allen asked for a show of hands on the motion. 4 nays, (Councilmen Craven, Allen, Zielinski and Szymkowiak) 5 ayes, (Councilmen Wise, Palmer, Laven, Grounds and Reinke) Motion carried. ORDINANCE AN ORDINANCE ANNEXING CONTIGUOUS LANDS TO THE CITY OF SOUTH BEND, INDIANA (Location: Grant & Ewing) Councilman Reinke made a motion that the Ordinance be tabled. Councilman Laven seconded the motion. Motion carried. There being no further business to be considered in the Committee of the Whole, Councilman Grounds asked for a motion to rise and report to the Council. Councilman Wise so moved. Council- man Laven seconded the motion. Motion carried. Time: 11:15 p.m. ATTEST: APPROVED: CHAIRMAN