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HomeMy WebLinkAbout01-12-70 Council Meeting MinutesREGULAR MEETING JANUARY 12, 1970 Be it remembered that the Common Council of the.City of South Bend, Indiana, reconvened in the Council Chambers in the County -City Building on Monday, January 12, 1970 at 9:35 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 December 8, 1969 and January 5, 1970 meetings of the Council and found them correct. They therefore recommend that the same be approved. /s Robert O. Laven Isl Janet S. Allen /s/ Albert E. Palmer There being no objections, the report was accepted as read and placed on file. CITIZENS REQUESTS - MISCELLANEOUS REQUESTS Miss Agnes Rupel, 211 W. Navarre, South Bend asked who was responsible for the care of sidewalks in front of the County Court House (old building). She claimed it needs snow maintainence. Councilman Allen said the County Commissioners are buying a piece of equipment to take care of the area around the old Court House and the new County -City Building. REPORT FROM CITY CONTROLLER The report of the City Controller, James A. Bickel, for the month of November, 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 FROM THE AREA PLAN COMMISSION June 24, 1969 The Honorable Common Council City of South Bend South Bend, Indiana 309 N. Ironwood Gentlemen: The attached rezoning petition of the Marathon Oil Company, Inc. was legally advertised under date of June 7 and 14 and given public hearing on June 17, 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 subject to a satisfactory site plan being submitted which incorporates the recommendations of the staff relative to screening and of the Technical Committee of the Transportation Planning Board relative to the location of the driveway entrances. Attached hereto and made a part of this report is an excerpt of the minutes as they pertain to this petition. Very truly yours, /s/ John K. Wilson Executive Director JKW /cas Attach. There being no objections, the report was accepted as read and placed on file. REGULAR MEETING JANUARY 1`2, 1970 REPORT FROM THE AREA PLAN COMMISSION January 7, 1970 The Honorable Common Council City of South Bend Gentlemen: Edison - West of Hickory The attached ordinance, originated by the Area Plan Commission, was legally advertised under date of December 26 and January 3, 1970 and given public hearing on January 5, 1970. The follow- ing action was taken: After considerable discussion involving existing and future land use patterns, residential density, transportation facilities and service, it was moved, seconded, and carried that the ordinance, subject to the submitted site development plan, be recommended favorably to the Common Council. It was also further recommended that the Council consider requiring the devel- oper to screen the ends of his parking areas. Attached hereto and made a part of this report is an excerpt from the minutes of the meeting. Very truly yours, /s/ John K. Wilson, Executive Director JKW /cas Attach. There being no objections, the report was accepted as read and placed on file. REPORT FROM THE AREA PLAN COMMISSION December 24, 1969 The Honorable Common Council County -City Building South Bend, Indiana 46601 Gentlemen: Southwest corner of Eddy and Jefferson Street The attached rezoning request of the Associates Discount Corporation was legally advertised under date of December 6 and 13 and given public hearing under date of December 16, 1969. The following action was taken: After due consideration it was moved, seconded, and carried that the ordinance and site develop- ment plan be recommended favorably to the Common Council. Attached hereto and made a part of this report is an excerpt from the minutes of the meeting. Very truly yours, /s/ John K. Wilson Executive Director JKW /cas Attach. There being no objections, the report was accepted as read and placed on file. REPORT FROM THE AREA PLAN COMMISSION December 24, 1969 The Honorable Common Council County -City Building South Bend, Indiana 46601 Gentlemen: Fillmore and Lombardy The attached zoning request of Neva Templeton was legally advertised under date of December 6 and 13 and given a public hearing on December 16, 1969. The following action was taken: After consideration it was moved, seconded and carried that the ordinance be recommended favor - ably to the Common Council.* It was further recommended that the recent requirements of the Public Housing Authority, relative to construction of no more than 25 units on one site, be adhereed to in this case. Attached hereto and made apart of this report is an excerpt from the minutes of the meeting. Very truly yours, /s/ John K. Wilson, Executive Director JKW /cas Attach. There being no objections, the report was accepted as read and placed on file. REGULAR MEETING JANUARY 12, 1970 PETITIONS Petition to amend Zoning Ordinance We, the undersigned, do hereby respectfully make application and petition the Common Council of the City of South Bend to amend the Zoning Ordinance of the City of South Bend, as hereinafter requested, and in support of this application, the following facts are shown: 1. The property sought to be rezoned is located at: Approximate address: 1633 N. Bendix Dr. 850 Feet North of Elwood, 150 feet South of Keller, West Side of Bendix Drive. 2. The property is owned by: Louis Gruszynski and Pelagia Kaniewski. 3. A legal description of the property is as follows: Part of the Southeast Quarter (1/4) of the Southeast Quarter (1/4) of Section 33, Township 38 North, Range 2 East Described as follows: Beginning at a point 175 feet South of and 40 feet West of the Northeast corner of said Quarter Quarter Section; thence South 150 feet; thence West 565 feet, more or less, to the East line of the recorded re -plat of Lincoln Plaza, Second Addition; thence North along the East line of said re -plat a distance of 150 feet to a point 175 feet South of the North line of said Quarter Quarter Section thence East and parallel to the North line of said Quarter Quarter Section a distance of 565 feet, more or less, to the place of beginning. 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 B 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: :(1) One Building to be built on the property: Meeting room and Bar facilities for the members of American Legion Post #50. 6. Number of off street parking spaces to be provided: Parking area in rear of building for 209 cars (9' Wide, 20' Deep, with 24' Drives.) 7. Attached is a copy of : (a) an existing plot plan showing the property and other surround- ing property; (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. Louis Gruszynski Pelagia Kaniewski /s/ F. Jay Nimtz, their Attorney and Agent 511 W. Colfax Ave. South Bend, Indiana, 46601 AMERICAN LEGION POST NO. 50 By Robert R. Kouts, Commander /s/ P.O. Box 234 South Bend, Indiana, 46624 Petition prepared by: Robert R. Kouts Commander American Legion Post #50 Councilman Szymkowiak made a motion,.seconded by-: Councilman Grounds,�that thepetition be referred to the Area Plan Commission for recommendations. Motion carried. COMMITTEE OF THE WHOLE REPORTS At this time, Councilman Laven entertained a motion to waive the reading of the Committee of the Wliole Reports. Councilman Zielinski so moved, seconded by Councilman Allen. The motion was carried unanimously by a show of hands vote. ORDINANCES, THIRD READING ORDINANCE NO. 5135 -70 AN ORDINANCE AMENDING CHAPTER 26, SECTION 26 -13, ORDINANCE NUMBER 1040, SECTION I OF THE MUNI- PAL CODE OF THE CITY OF SOUTH BEND, INDIANA PROHIBITING LOITERING OR PROWLING. The Ordinance was given third reading. Councilman Zielinski made a motion that the Ordinance be passed. Councilman Grounds seconded the motion. There being no discussion on the.motion, the Ordinance was passed by a roll call vote. 9 ayes. (Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Wise, Palmer and Zielinski) 0 nays. ORDINANCE NO. 5136 -70 AN ORDINANCE ANNEXING TERRITORY TO THE MUNI- CIPAL CITY OF SOUTH BEND, INDIANA, GENERALLY DESCRIBED AS THE FILLMORE ROAD, MAYFLOWER ROAD, PENN CENTRAL, CITY LIMITS ANNEXATION. The Ordinance was given third reading. Councilman Reinke made a motion that the Ordinance be passed. Councilman Grounds seconded the motion. There being no discussion on,the motion, the Ordinance was passed by a roll call vote. 5 ayes. (Councilmen Laven, Craven, Reinke, Grounds, and Palmer.) 4 nays. (Councilmen Allen, Wise, Szymkowiak and Zielinski) REGULAR MEETING JANUARY 12, 1970 ORDINANCE NO. 5137 -70 AN ORDINANCE ANNEXING TERRITORY TO THE MUNICIPAL CITY OF SOUTH BEND, INDIANA, GENERALLY LYING WEST OF MICHIGAN STREET BETWEEN IRELAND ROAD AND THE BY -PASS. The Ordinance was given third reading. Councilman Grounds made a motion that the Ordinance be passed. Councilman Wise seconded the motion. There being no discussion on the motion, the Ordinance was passed by a roll call vote. 9 ayes. (Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Wise, Palmer and Zielinski) 0 nays. ORDINANCE NO. 5138 -70 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. The Ordinance was given third reading. Councilman Zielinski made a motion that the Ordinance be passed. Councilman Pa]ner seconded the motion. There being no discussion on the motion, the Ordinance was passed by a roll call vote. 9 ayes. (Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Wise, Palmer and Zielinski) 0 nays. Councilman Reinke moved for a 10- minute recess. Councilman Zielinski seconded the motion. Motion carried. Time: 10:00 p.m. The meeting of the Common Council reconvened at 10:10 p.m. ORDINANCES, FIRST AND SECOND READING ORDINANCE NO. 5139 -70 AN ORDINANCE APPROPRIATING PARKING METER FEES AND FUNDS FOR THE YEAR 1970 TO THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CIVIL CITY OF SOUTH BEND, INDIANA, FOR THE USES AND PURPOSES SET FORTH THEREIN, IN ACCORDANCE WITH CHAPTER 208 OF THE ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF INDIANA OF 1965. The Ordinance was given first reading by title and second reading in full. Councilman Palmer made a motion for Suspension of the Rules. Councilman Grounds seconded the motion. Motion was carried unanimously by a roll call vote. A public hearing was held at this time on the "Ordinance and proponents and opponents were given an opportunity to be heard thereon. City Controller James A. Bickel and Parking Meter Superintendent, Alvin Reeder explained the need for the Ordinance. They answered various questions of the Councilmen. Councilman Grounds made a motion, seconded by Councilman Craven that the Ordinance be passed. There being no discussion on the motion, the Ordinance was passed. 9 ayes, (Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Wise, Palmer and Zielinski). 0 nays. ORDINANCE AN ORDINANCE TO AMEND SEVERAL SECTIONS OF ORDINANCE NO. 4838 -66 ENTITLED "AN ORDINANCE REPEALING CHAPTER 36 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1962, RELAT- ING TO TAXICABS AND OTHER VEHICLES: AND ENACTING AN ORDINANCE REGULATING TAXICABS AND OTHER VEHICLES: LICENSING TAXICABS AND TAXICAB DRIVERS: PROVIDING FOR TAXICAB STANDS ON THE PUBLIC STREETS:-PROVIDING PENALTIES FOR THE VIOLATION THEREOF:, AS AMENDED. The Ordinance was given first reading by title and second reading in full. Councilman Grounds made a motion the Ordinance be set for Public Hearing on January 26, 1970. Councilman Zielinski seconded the motion. Motion Carried. REGULAR MEETING JANUARY 1L, IVIU ORDINANCES, FIRST AND SECOND READING (Cont'd.) ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WASTEWATER TREATMENT PLANT OF SOUTH BEND, INDIANA AND GATES CHEVROLET, INCORPORATED OF SOUTH BEND, INDIANA FOR THE PURCHASE OF VARIOUS PIECES OF EQUIPMENT TOTALING $7,841.00. The Ordinance was given first reading by title and second reading in full. Councilman Reinke made a motion the Ordinance be set for Public Hearing on January 26, 1970. Councilman Zielinski seconded the motion. Motion carried. ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WATER WORKS OF THE CITY OF SOUTH BEND, INDIANA AND GATES CHEVROLET, INCORPORATED OF SOUTH BEND, INDIANA, FOR THE PURCHASE OF TWO (2) 1970 CHEVROLET VAN TRUCKS IN THE AMOUNT OF $3,538.00. The Ordinance was given first reading by title and second reading in full. Councilman Palmer made a motion the Ordinance be set for Public Hearing on January 26, 1970. Councilman Craven seconded the motion. Motion carried. ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WASTEWATER TREATMENT PLANT OF SOUTH BEND, INDIANA AND MYERS- SHERMAN COMPANY, STREATOR, ILLINOIS, FOR THE PURCHASE OF ONE (1) VACUUM CATCH BASIN CLEANER AND FLUSHER WITH ATTACHMENTS AND A JET RODDER AS USED WITH THE CATCH BASIN CLEANER IN THE SUM OF $27,447.00. The Ordinance was given first reading by title and second reading in full. Councilman Zielinski made a motion the Ordinance be set for Public Hearing on January 26, 1970. Councilman Grounds seconded the motion. Motion carried. ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WATER WORKS OF THE CITY OF SOUTH BEND, INDIANA AND ROMY HAMMES FORDLAND FOR FOUR (4) 4 -DOOR SEDANS IN THE SUM OF $7,547.93. The Ordinance was given first reading by title and second reading in full. Councilman Wise made a motion the Ordinance be set for Public Hearing on January 26, 1970. Councilman Craven seconded the motion. Motion carried. ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WASTEWATER TREATMENT PLANT OF SOUTH BEND, INDIANA AND TEETER GMC TRUCK, INCORPORATED OF SOUTH BEND, INDIANA, FOR THE PURCHASE OF ONE 45,000 GVW CAB AND CHASSIS IN THE AMOUNT OF $10,275.00. The Ordinance was given first reading by title and second reading in full. Councilman Palmer made a motion the Ordinance be set for Public Hearing on January 26, 1970. Councilman Zielinski seconded the motion. Motion carried. ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WASTEWATER TREATMENT PLANT OF SOUTH BEND, INDIANA AND O'BRIEN MANUFACTURING COMPANY, INCORPORATED, CHICAGE, ILLINOIS, FOR THE PURCHASE OF ONE (1) O'BRIEN SEWERKING MODEL 250 SEWER RODDING MACHINE IN THE SUM OF $2,171.75. The Ordinance was given first reading by title and second reading in full. Councilman Zielinski made a motion the Ordinance be set for Public Hearing on January 26, 1970. Councilman Craven seconded the motion. Motion carried. REGULAR MEETING JANUARY 12, 1970 ORDINANCES, FIRST AND SECOND READING (Cont'd.) ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WATER WORKS OF SOUTH BEND, INDIANA AND GENERAL EQUIPMENT & MACHINE COMPANY, INCORPORATED OF SOUTH BEND, INDIANA, FOR THE PURCHASE OF A 1970 GENERAL ENGINES EAGER BEAVER TRAILER IN THE AMOUNT OF $2,870.00. «30 The Ordinance was given first reading by title and second reading in full. Councilman Grounds made a motion the Ordinance be set for Public Hearing on January 26, 1970. Councilman Zielinski 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, SECTIONS 40 -1 TO SECTIONS 40 -43, AS AMENDED, TO THE EXTENT IT IS STILL EFFECTIVE. (Location: Eddy & Jefferson Sts.) The Ordinance was given first reading by title and second reading in full. Councilman Reinke made a motion the Ordinance be set for Public Hearing on January 26, 1970. Councilman Szymkowiak seconded the motion. Motion carried. RESOLUTIONS RESOLUTION NO. 233 -70 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING ENTRY INTO AN AGREEMENT FOR COOPERATIVE OPERATION OF A MICHIANA AREA COUNCIL OF GOVERNMENTS. WHEREAS, the Interlocal Cooperation Act, being Acts of 1957 of the Indiana General Assembly, Chapter 118 (more commonly known as Sections 53 -1101 to 53 -1107, Burns Indiana Statutes annotated, 1964 replacement) and Urban Cooperation Act No. 7, Michigan Public Acts of 1967, Extra Session, provides that public agencies may enter into an agreement with one another for joint and cooperative action; and WHEREAS, to insure that such joint, cooperative action and comprehensive planning processes are conducted in a framework of consistent policies, that the program is executed in accordance with sound management principles and is responsive and meets the needs of the regional area, and WHEREAS, the concept of voluntary cooperation among local governments, while retaining local home rule, is the best solution for dealing with regional challenges beyond individual capabilities; and WHEREAS, it is desirable, advantageous and in the public interest that the Civil City of South Bend, Indiana enter into an agreement for joint and cooperation action. NOW, THEREFORE, BE IT RESOLVED that the Civil City of South Bend, Indiana, hereby elects to enter into such agreement and to become a member of the Michiana Area Council of Governments. BE IT FURTHER RESOLVED, that the Mayor of the Civil City of South Bend, Indiana, be and he is hereby authorized and directed to execute said agreement. THIS RESOLUTION ADOPTED BY THE Common Council of the Civil City of South Bend, Indiana this 12th day of January, 1970. /s/ Gerald C. Reinke Member of the Common Council /s/ Robert 0. Laven President of the Common Council ATTEST: /s/ Kathryn L. Blough City Clerk A public hearing was held at this time on the above resolution. Speaking in favor of adopting the resolution was Mayor Lloyd M. Allen. He stated that if South Bend joins the 5- county Michiana Area Council of Governments the City will be eligible to receive various federal assistance grants that have been denied in the past, for example; federal funds for the bus system and sewage plant expansion. He answered various other questions of the Councilmen. Councilman Reinke made a motion that the resolution be adopted. Councilman Szymkowiak seconded the motion. Motion carried. 9 ayes, (Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Wise, Palmer and Zielinski). 0 nays. 0 REGULAR MEETING JANUARY 12, 1970 RESOLUTIONS RESOLUTION NO. 234 -70 RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RELATIVE TO THE BOWMAN CREEK WATERSHED. WHEREAS, a serious drainage problem exists within the Bowman Creek area south of South Bend, and WHEREAS, this area is a rapidly expanding urban area with numerous problems of land use, water management, and water pollution, and WHEREAS, the problems of this area are so complex that they should be handled on a watershed basis with proper attention given to all the resources of the area, NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of South Bend, Indiana, does hereby endorse the application for assistance on the Bowman Creek Watershed under the.-'provisions of the Watershed Protection and Flood Prevention Act, Public Law 566. /s/ Gerald C. Reinke A Member of the Common Council A public hearing was held at this time on the above resolution. Mr. James Goettinger explained the need for the application for a federal study of the Bowman Creek drainage area problems and their possible solution. He said a 12,000 acre area southwest of the city has a watershed that drains into the City through Bowman Creek and causes severe flooding ' probl -ems, especially in the area of the Kaiser -Jeep Corporation property. Councilman Wise made a motion that the resolution be adopted. Councilman Palmer seconded the motion. Motion carried. 9 ayes, (Council- men Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Wise, Palmer and Zielinski.). 0 nays. There being no further business to come before the Council, Councilman Palmer moved for adjourn- ment. Councilman Grounds seconded, Motion carried. Time: 11:15 p.m. the motion. ATTEST: CITY C s APPROVED: PRESIDENT