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HomeMy WebLinkAbout12-08-69 Council Meeting MinutesREGULAR MEETING DECEMBER 8, 1969 Be it remembered that the Common Council of the City of South Bend, Indiana, reconvened in the Council Chambers in City Hall on Monday, December 8, 1969 at 10:33 p.m., all members present. The meeting was called to order by Council President Robert O. Laven, who presided. REPORT FROM COMMITTEE ON MINUTES To 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 the November 24, 1969 meeting of the Council and found them correct. They therefore recommend that the same be approved. /s/ Robert 0. Laven Ls/ Janet S. Allen /s/ Albert E. Palmer There being no objections, the report was accepted as read and placed on file. CITIZENS REQUESTS - MISCELLANEOUS MATTERS Mr. Richard Trowbridge asked which Councilmen were members of the Annexation Committee. Mr.. Trowbridge lives at 912 Gladstone Avenue, South Bend, Indiana. Former Councilman Julius B. Christman, Jr., whose father constructed the City Hall asked if he could have as a keepsake the marble plaque inside the building which bears the names of the Council Committee, the architect and contractor. City Engineer Lloyd Taylor said there is some plan to preserve the plaque and agreed to talk with Christman about his request. REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: Your Committee of the Whole to whom was referred "AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA "(Chapter 40 Municipal Code). (Southmore Heights) 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 objections, the report was accepted as read and placed on file. REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: Your Committee of the Whole to whom was referred "AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LANDS.' (50 ft. tract adjacent to 600 ft. S. Ireland Rd.) (See Ord. #5114 -69) 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 objections, the report was accepted as read and placed on file. 93 REGULAR MEETING (REPORT OF COMMITTEE OF THE WHOLE ITo the Common Council of the City of South Bend: DECEMBER 8, 1969 Your Committee of the Whole to whom was referred "AN ORDINANCE AMENDING SECTION 40 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1962, AS AMENDED, ALSO KNOWN AS ORDINANCE NO. 4990, THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED, AS AMENDED. "(S.R. #23 & Vaness, Turtle Creek Apts. and Kroger Store) respectfully report that they have examined the matter and that in their opinion the Ordinance go to the Council as favorable as amended. /s/ William W. Grounds Chairman (There being no objections, the report was accepted as read and placed on file. REPORT OF COMMITTEE OF THE WHOLE ITo the Common Council of the City of South Bend: Your Committee of the Whole to whom was referred "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. Washing- ton St. & 114 S. Chapin Street) respectfully report that they have examined the matter and that in their opinion the Ordinance go to the Council as unfavorable. /s/ William W. Grounds Chairman There being no objections, the report was accepted as read and placed on file. REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: Your Committee of the Whole to whom was referred "AN ORDINANCE AMENDING AND SUPPLEMENTING ORDI- NANCE NO. 4990 - CHAPTER 40 OF THE MUNICIPAL CODE (FORMERLY ZONING ORDINANCE NO. 3702) (Location: 1114 Mayflower Rd.) 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 objections, the report was accepted as read and placed on file. REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: Your Committee of the Whole to whom was referred "AN ORDINANCE ANNEXING TERRITORY TO THE MUNICIPAL CITY OF SOUTH BEND, INDIANA WHICH IS COMMONLY KNOWN AS THE GOSS PROPERTY" (Jackson School Area) 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 objections, the report was accepted as read and placed on file. REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: Your Committee of the Whole to whom was referred "AN ORDINANCE ANNEXING TERRITORY TO THE MUNICIPAL CITY OF SOUTH BEND, INDIANA, GENERALLY DESCRIBED AS THE FILLMORE ROAD, MAYFLOWER ROAD, PENN CENTRAL, CITY LIMITS ANNEXATION." respectfully report that they have examined the matter and that in their opinion the Ordinance go to the Council as being tabled until January 12, 1970 and the Council portion of the Committee of the Whole be continued at that time. /s/ William W. Grounds Chairman There being no objections, the report was accepted as read and placed on file. 44 REGULAR MEETING DECEMBER 8, 1969 REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: Your Committee of the Whole to whom was referred "AN ORDINANCE ANNEXING TERRITORY T 0 THE MUNICIPAL CITY OF SOUTH BEND, INDIANA, GENERALLY DESCRIBED AS THE V.F.W. PROPERTY ON FILLMORE ROAD 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 objections, the report was accepted as read and placed on file. (ORDINANCES, THIRD READING ORDINANCE:'NO. 5129 -69 AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, (Chapter 40 Municipal Code) (Southmore Heights)AS AMENDED. The Ordinance was given third reading. Councilman Grounds made a motion that the Ordinance be passed. Councilman Palmer seconded the motion. Motion carried. In a discussion on the motion Councilman Grounds made a motion the Ordinance be amended to read: In Section I, 3rd paragraph, after the word "District ", the words added "conforming to the site development plan." Councilman Craven seconded the motion. Motion carried. The Ordinance passed by a roll call vote of 9 ayes (Councilmen Laven, Craven, Reinke, Allen, Grounds, Szymkowiak, Wise, Palmer and Zielinski) 0 nays. ORDINANCE NO. 5130 -69 AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LANDS. (50 ft. Tract adjacent to 600 ft. S. Ireland Rd.) The Ordinance -was given third reading.—Councilman Allen made a motion that the Ordinance be passed. Councilman Zielinski seconded the motion. Motion carried. There was no discussion on the motion and the Ordinance passed by a roll call vote of 9 ayes (Councilmen Laven, Craven, Reinke, Allen, Grounds, Szymkowiak, Wise, Palmer and Zielinski) 0 nays. ORDINANCE NO...5131 -69, AN ORDINANCE AMENDING SECTION -40 -OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1962, AS AMENDED, ALSO KNOWN AS ORDINANCE NO. 4990, THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA AS AMENDED, AS AMENDED. (S.R. #23, Vaness St., Turtle Creek Apt -. -,Kroger Store) The Ordinance was given third reading. Councilman- Grounds made a motion that the Ordinance be passed as amended. Councilman Szymkowiak seconded the motion. Motion carried. There was no discussion on the motion and the Ordinance passed by a roll.call vote of 9 ayes (Councilmen Laven, Craven, Reinke, Allen, Grounds, Szymkowiak, Wise, Palmer -and :Zielinski) 0 =nays ARD -INANCE NOT PASSED 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. (732 - 744 -W. Washington St. & 114 S. Chapin St.) The Ordinance.was- g -iven third reading. Councilman Wise made a motion to reject the Ordinance. Motion failed-for-lack of a second.: The Ordinance was defeated by a roll call vote of 9 nays, (Councilmen Laven, Craven, Reinke, Allen, Grounds, Szymkowiak, Wise, Palmer and Zielinski); 0 ayes. ORDINANCE NO. 5132 -69 AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO. 4990 -- CHAPTER 40, OF THE MUNICIPAL CODE (FORMERLY ZONING ORDINANCE NO. 3702) 1114 Mayflower Road) The Ordinance was given third reading. Councilman Zielinski made a motion that the Ordinance be passed. Councilman Szymkowiak seconded the motion. Motion carried. The Ordinance passed by a roll call vote.of 9. -ayes (Councilmen ,Laven, Craven, Reinke, Allen, Grounds, Szymkowiak, Wise, Palmer and Zielinski) 0 nays. REGULAR MEETING DECEMBER 8 1969 ORDINANCES, THIRD READING (ORDINANCE NO. 5133 -69 AN ORDINANCE ANNEXING TERRITORY TO THE MUNICIPAL CITY OF SOUTH BEND, INDIANA WHICH IS COMMONLY KNOWN AS THE GOSS PROPERTY. The Ordinance was given third reading. Councilman Grounds made a motion that the Ordinance be passed. Councilman Craven seconded the motion. Motion carried. There was no discussion on the motion and the Ordinance passed by a roll call vote of 9 ayes (Councilmen Laven, Craven, Reinke, Allen, Grounds, Szymkowiak, Wise, Palmer and Zielinski) 0 nays. ORDINANCE NO. 5134 -69 AN ORDINANCE ANNEXING TERRITORY TO THE MUNICIPAL CITY OF SOUTH BEND, INDIANA, GENERALLY DESCRIBED AS THE V.F.W. PROPERTY ON FILLMORE ROAD. The Ordinance was given third reading. Councilman Grounds made a motion that the Ordinance be passed. Councilman Allen seconded the motion. Motion carried. There was no discussion on the motion and the Ordinance passed by a roll call, vote of 6 ayes (Councilmen Laven, Craven, Reinke, Allen, Grounds, Palmer).3 nays (Councilmen Wise, Zielinski and Szymkowiak). ORDINANCES, FIRST AND SECOND READING AN ORDINANCE ANNEXING TERRITORY TO THE MUNICIPAL CITY OF SOUTH BEND, INDIANA, WHICH IS COMMONLY DESCRIBED AS LYING NORTH OF KERN ROAD AND EAST OF YORK ROAD. 9 The Ordinance was given first reading by title and second reading in full. Councilman Reinke made a motion that the Ordinance be given a public hearing on January 12, 1970. Councilman Craven seconded the motion. Motion carried. ORDINANCE AN ORDINANCE AMENDING CHAPTER 26, SECTION 26 -13 ORDINANCE NUMBER 1040, - SECTION I OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, PROHIBIT- ING LOITERING OR PROWLING The.Ordinance was given first reading by title and second reading in full. Councilman Zielinski made a motion that the Ordinance be given a public hearing on January 12, 1970. Councilman Craven seconded the motion. Motion carried. ORDINANCE AN ORDINANCE PROVIDING FOR TEMPORARY WALKWAYS AROUND CONSTRUCTION PROJECTS AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF. The Ordinance was given first reading by title and second reading in full. Councilman Reinke made a- motion that the Ordinance be given a public hearing on January 12, 1970. Councilman Craven seconded the motion. Motion carried. (RESOLUTION NO. 232 -69 RESOLUTION FOR CODE ENFORCEMENT GRANT APPLICATION WHEREAS, Section 117 of the Housing Act of 1949, as amended, authorizes the Secretary of Housing and Urban Development to make grants to municipalities and counties to assist them in carrying out programs of concentrated code enforcement in deteriorated or deteriorating areas in which such enforcement, together with certain public improvements to be provided by the locality, may be expected to arrest the decline of the area; and WHEREAS, it has been found and determined by this body that there exists in this locality certain deteriorated or deteriorating areas for which a program of concentrated code enforcement, combin- ed with certain public improvements, may be expected to arrest the decline of the area; and WHEREAS, it is recognized that the grant of funds pursuant to Section 117 will impose certain obligations and responsibilities upon the City South Bend, among which is the obligation to assure that any person who may be displaced as a result of the code enforcement and public im- provements programs are relocated into decent, safe, and sanitary housing in accordance with the regulations of the Department of Housing and Urban Development; and WHEREAS, Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, or national origin under any program or activity receiving Federal financial assistance and Executive Order 11063 prohibits discrimination on basis of race, color, creed or national origin in sale, lease, or other disposition of residential property (including land intended for residential use) or in the use or occupancy thereof: NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: 1. That this Council supports and favors the filing of an application with the Department of Housing and Urban Development on behalf of the -City of South Bend for a code enforcement REGULAR MEETING DECEMBER 8, 1969 RESOLUTION NO. 232 -69 (Cont'd.) grant under Section 117 of the Housing Act of 1949, as amended, of two- thirds of the cost of undertaking and carrying out a code enforcement program, which cost is now estimated to be Nine Hundred and Sixty Eight Thousand, Four Hundred and Nineteen Dollars ($968,419.00) in an area or areas to be designated and specially described in such application, and that the Mayor is hereby authorized to execute and file such application, to provide such additional information and fur- nish such documents as may be required by the Department of Housing and Urban Development, to execute and file requisitions for funds, and to act as the authorized representative of the City of South Bend in the accomplishment of the code enforcement program. 2. That during the period of the contract for the code enforcement grant the City of South Bend will maintain a level of expenditures for code enforcement activities, exclusive of expendi- tures in any federally assisted code enforcement or Title I urban renewal project areas, that is not less than the average yearly expenditures for such activities by said City for the two full fiscal years immediately preceding.the filing of the application. 3. That in the opinion of this Council the City has a program for and will provide in a timely manner all necessary public improvements for the code enforcement area. 4. That there presently exists in the locality and this Council hereby commits itself to make available in the future an adequate amount of decent, safe, and sanitary housing which is available to persons displaced as a result of the code enforcement and related public improvements programs, at prices which are within their financial means and which are not generally less desirable in regard to public unilities and public and commercial facilities than the dwellings of the displaced individuals and families, and it is the sense of this body that such displacee, if any, will be relocated in accordance with applicable regulations of the Department of Housing and Urban Development . 5. That the United States of America and the Secretary of Housing and Urban Development be, and they hereby are, assured of full compliance by the City of South Bend with regulations of the Department of- Housing and Urban Development effectuating Title VI of the Civil Rights Act of 1964 and applicable Executive Orders. /s/ Janet S. Allen Member of Common Council of the City of South Bend, Indiana Adopted this 8th day of December, 1969. A public hearing was held at this time on the above Resolution. Mr. Howard Bellinger, Director of Redevelopment explained that this resolution would authorize the Redevelopment Department to apply for a $968,419 federal grant for the code enforcement program in the Northeast section of South Bend. He stated that the City's share of the cost would be financed through the City Improvement Fund. Without a program of this nature the area to be improved would ordinarily deteriorate. -He -said- several meetings have been held with the area residents and there is strong l support. Those residents attending the Council meeting and speaking on. behalf of the resolution were: Mrs. John Hall, 509 E. Collins St.; Mrs. Quagley, 1019 N. Frances St.; Mr. Walsh, 709 N. Notre Dame Ave., and Mrs. McCullough, Chairman of Head Start in this Area, stated that she goes into the many homes in the area and -she believes this resolution should be adopted. Councilman Zielinski made a motion that the resolution go to the Council as favorable and be adopted. Councilman Grounds seconded the motion. Motion carried. 9 ayes (Councilmen Laven, Allen, Craven Reinke, Grounds, Szymkowiak, Wise, Palmer and Zielinski) 0 nays. NEW BUSINESS Councilman Allen asked that the City officials take a close look at walkways constructed within the City around construction sites. - She said some of them are poorly constructed. There being no further business to come before the Council, Councilman Allen made a motion the meeting be adjourned. Councilman Craven seconded the motion. Motion carried. ATTEST: APPROVED: f SIDENT