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Home My WebLink About01-26-70 Council Meeting MinutesREGULAR MEETING JANUARY 26, 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 26, 1970 at 9:30 p.m., all members present. The meeting was called to order by Council- President Robert 0. 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 January 12, 1970 meeting of the Council and found them correct. They therefore recommend that the same be approved. Isl Robert O. Laven 4s4 Janet _S S. Allen s/ Albert E. Palmer There being no objections, the report was accepted as read and placed'on file. CITIZENS REQUESTS - MISCELLANEOUS MATTERS A group of students from John Adams High School were introduced by Council - President Laven. They were members of a Civics class, who were asked to attend a Council session as part of the class assignment. 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, Indiana to amend the Zoning Ordinance of the City of South Bend as here- inafter requested, and in support of this application, the following facts are shown: 1. The property sought to be rezoned is located at or about 59800 Miami Road, and directly south and east of the corner of Miami Road and Widner's Land, in the City of South Bend, St. Joseph County, Indiana. 2. The property is owned by Eugene Freer Wilson and Mable Jane Wilson; however, the optionee for this tract is Harold H. Voelker, who is the real estate purchasing agent for Scottsdale Mall, an Ohio limited partnership. 3. A legal description of the property is as follows: A parcel of land in the southwest quarter of Section 30, Township 37 North, Range 3 East, described as follows, viz: Beginning on the west line of said Section 30 at a point 811 feet north of the southwest corner of said Section; running thence north, a distance of 508.8 feet; thence east, 1787.41 feet; thence south parallel with the west line of said Section, 507.7 feet; thence west, 1787.41 feet to the place of beginning, containing 20.85 acres, more or less, excepting therefrom the following described tract; Beginning on the west line of said Section 30 at a point 1602.22 feet south of the northwest corner of the southwest quarter of said Section; running thence east, a distance of 250 feet; thence south 112 feet; thence west 250 feet to the west line of said Section; thence north 112 feet to the place of beginning. 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(3533 E. McKinley) Councilman Wise made a motion that the petition be forwarded to the Area Plan Commission for study. Councilman Palmer seconded the motion. Motion carried. 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, Indiana to amend the Zoning Ordinance of the City of South Bend, Indiana, as hereinafter requested,and in support of this application, the following facts are shown: 1. The property sought to be rezoned is located at 4001 and 4015 South Main Street, South Bend, Indiana. 2. The property is owned by Harold D. Van Sletle and Fern E. VanSlette, husband and wife, 4001 South Main Street, South Bend, Indiana, 46614; and by Carolyn Hartman, unremarried widow of Robert B. Hartman, deceased, 4015 South Main Street, South Bend, Indiana, 46614. 3. A legal description of the property is as follows: Part of the Northwest Quarter (1/4) of Section Twenty -five (25), Township Thirty -seven (37) North, Range Two (2) East, described as beginning at a point Seven Hundred Seventy and One -tenth (770.1) feet South of the Northwest corner of the Northwest Quarter (1/4) of said Section Twenty -five (25), running thence South Fifty (50) feet, thence East to the West line of Main Street, thence Northerly along the Westerly line of Main Street Fifty (50) feet, more or less, to a point directly East of the place of beginning, thence West to the place of beginning, in Saint Joseph County, Indiana. Also Part of the Northwest Quarter (1 /4) of Section Twenty -five (25), Township Thirty -seven (37) North, Range Two (2) East, described as beginning at a point Eight Hundred Twenty and One -tenth (820.1) feet South of the Northwest corner of the Northwest Quarter (1/4) of said Section Twenty -five (25), running thence South Fifty (50) feet, thence East to the West line of Main Street, thence Northerly along the Westerly line of Main Street Fifty (50) feet, more or less, to a point directly East of the place of beginning, thence West to the place of beginning, in Saint Joseph County, Indiana. Also Lot Numbered One Hundred Fifty -two (152) in Chippewa Heights Third Addition, platted by Myers and Funk, and recorded in Plat Book 10, pages 176 and 177, in the office of the Recorder of Saint Joseph County, Indiana. 4. It is desired and requested that the foregoing property be rezoned: From "D" Light Industrial From "A" Residence Use and "F" Height and Area District, To "D" Light Industrial Use and "E" Height and Use and "A" Height and Area District, Area District. 5. It is proposed that the property will be put to the following use and the following buildings will be constructed: Postal Station Use. Main Structure: Masonry building to house postal station operation. Auxiliary Structure: Covered parking for post office delivery vehicles. 6. Number of off street parking spaces to.be provided: One - hundred fifteen (115). 7. Attached is a copy of: (a) an existing plot plan showing the property and other surrounding properties; (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. Petition prepared by: s/ Harold D. Van Slet.te /s/ Fern E. Van Slette Signature of Petitioners 4001 South Main St. South Bend, Indiana, 46614 /s/ Carolyn Hartman 4015 Hartman South Bend, Indiana 46614 Harry C. Conner, Post Office Dept. P. 0. Box 166 Real Estate Officer Indianapolis, Indiana 46206 Tel: A.C. 317 633 -8954 Councilman Grounds made a motion that the petition be forwarded to the Area Plan Commission for further study. Councilman Szymkowiak seconded the motion. Motion carried. Councilman Allen suggested that some petitions for rezoning be sent directly to the Area Plan Commission when they are filed in the Clerk's office. This would result in quicker action on the rezoning. 2 REGULAR MEETING JANUARY 26, 1970 PETITIONS Petition to Annex Land: Lilac, Brick and Darden Roads To: The Common Council of the.City of South Bend, Indiana The petitioner, Leo A. Lippman, respectfully petitions that a tract of land in German Township, St. Joseph County, Indiana, bounded by a line running as follows, to -wit: Starting at the Southwest corner of the Northeast Quarter of Section Twenty -Two (22) Township Thirty -Eight (38) North, Range Two (2) East; thence East along the East - West center line of Section Twenty -Two (22) Two Thousand Two Hundred Eighty -four and Ninety -three Hundredths (2,284.93) feet to the center line of Lilac Road; thence North 000 35" 30" West along the center line of Lilac Road Five Hundred Forty -one and Eleven Hundredths (541.11) feet; thence South 890 44' 30" East Nine Hundred Sixty and Eighty -one Hundredths (960.81) feet; thence North 000 05' 06" West Five Hundred Forty - one and Forty -Four Hundredths (541.44) feet; thence North 450 01' 23" West, Twenty - Eight and Thirty -One Hundredths (28.31) feet; thence North 890 57' 40" West, Five Hundred Forty -One and Fifty Hundredths (541.50) feet; thence North 000 02' 00" West One Thousand Five Hundred Fifty -One and Two Hundredths (1,551.02) feet to the center line of Brick Road; thence North 900 00' 00" West, along the center line of Brick Road; thence North 900 00' 00" West, along the center line of Brick Road Seven Hun- dred Fifty -Nine and Eighty Hundredths (759.80) feet to the North West corner of the North East Quarter of Section Twenty -Two (22), Township Thirty- Eight (38) North; Range Two (2) East; thence South 000 00' 56" East, along the North -South center line of Section Twenty -Two (22) a distance of Two Thousand Six Hundred Fifty -Nine and Twelve Hundredths (2,659.12) feet to the place of beginning. Subject to all legal highways. be annexed to and declared to be part of the incorporated City of South °Bend, Indiana.. Petitioner further states that said realestate is contiguous and adjacent to the City of South Bend and that petitioner is the owner or has such interest in said real estate that qualifies said petitioner to request the annexation thereof. Petitioner further requests that a special ordinance for the purpose of annexing said land be adopted and he has attached hereto a form of such ordinance for' the convenience, use and approval of the Common Council of the City of South Bend, Indiana. WHEREFORE, petitioner respectfully requests that the Common Council of the City of South Bend, Indiana, accept and act favorably upon his said petition, and that the above described realestate be annexed to and declared to be a part of the incorporated City of South Bend, Indiana. LEO A. LIPPMAN By /s/ William E. Voor, his attorney, of Voor, Jackson & McMichael 620 First Bank Building South Bend, Indiana, 46601 �JPrepared by William E. Voor Councilman Reinke made a motion that the petition be forwarded to the Engineering Department, and simultaneously placed in the Annexation Committe %.for their study and recommendations, which recommendations are to be redirected to.the Annexation Committee for a report to the.Council. Councilman Wise seconded the motion. Motion carried. (REPORTS OF THE COMMITTEE OF THE WHOLE IlCouncil- President Laven entertained a motion to waive the reading of the Committee of the Whole (Reports. Councilman Allen so moved. Councilman Wise seconded the motion. Motion carried unani- mously. (I ORDINANCES, THIRD READING ORDINANCE NO. 5140 -70 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WASTEWATER TREATMENT PLANT OF SOUTH BEND, INDIANA AND GATES CHEVROLET, INC., OF SOUTH BEND, INDIANA FOR THE PURCHASE OF VARIOUS PIECES OF EQUIPMENT TOTALING $7,841.00. The Ordinance was given third reading. Councilman Grounds made a motion for passage'of the Ordinance. Councilman Zielinski seconded the motion. There being no discussion on the motion, the Ordinance was passed by a roll call vote of 9 ayes (Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Wise, Palmer and Zielinski). 0 nays. REGULAR MEETING JANUARY 26, 1970 ORDINANCES, THIRD READING ORDINANCE NO. 5141 -70 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WATER WORKS OF THE CITY OF SOUTH BEND, INDIANA AND GATES CHEVROLET, INC., 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 third reading. Councilman Allen made a motion for passage of ance. Councilman Wise seconded the motion. There being no discussion on the motion, Ordinance was passed by a roll call vote of 9 ayes (Councilmen Laven, Allen, Craven, Grounds, Szymkowiak, Wise, Palmer and Zielinski) 0 nays. ORDINANCE NO. 5142 -70 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 ATTACH- MENTS AND A JET RODDER AS USED WITH THE CATCH BASIN CLEANER IN =THE SUM OF $27,447.00. 016 the Ordin- the Reinke, The Ordinance was given third reading. Councilman Craven made a motion for passage of the Ordi- nance. Councilman Palmer seconded the motion. There being no discussion on the motion, the Ordinance was passed by a roll call vote of 9 ayes (Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Wise, Palmer and Zielinski) 0 nays. ORDINANCE NO. 5143 -70 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 third reading. Councilman Wise made a motion for passage of the Ordi- nance. Councilman Reinke seconded the motion. There being no discussion on the motion, the Ordinance was passed by a roll call vote of 8 ayes (Councilmen Laven, Allen, Craven, Reinke, Szymkowiak, Wise, Palmer and Zielinski) 1 nay (Councilman Grounds). ORDINANCE NO. 5144 -70 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WASTEWATER TREATMENT PLANT OF SOUTH BEND, INDIANA AND TEETER GMC TRUCK, INCOR- PORATED 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 third reading. Councilman Reinke made a motion for passage of the Ordinance. Councilman Zielinski seconded the motion. There being no discussion on the motion, the Ordinance was passed by a roll call vote of 9 ayes (Councilmen Laven, Allen, Craven, Reinke, Szymkowiak, Wise, Palmer Grounds and Zielinski) 0 nays. ORDINANCE NO. 5145 -70 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WATER WORKS OF SOUTH BEND, INDIANA AND GENERAL EQUIPMENT & MACHINE COMPANY, INCOR- PORATED OF SOUTH BEND, INDIANA, FOR THE PURCHASE OF A 1970 GENERAL ENGINES EAGER BEAVER TRAILER IN THE AMOUNT OF $2,870.00. The Ordinance was given third reading. Councilman Grounds made a motion for passage of the Ordinance. Councilman Zielinski seconded the motion. There being no discussion on the motion the Ordinance was passed by a roll call vote of 9 ayes (Councilmen Laven, Allen, Craven, Reinke, Szymkowiak, Wise, Palmer, Grounds and'Zielinski) 0 nays. ORDINANCE NO. 5146 -70 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WASTEWATER TREATMENT PLANT OF SOUTH BEND, INDIANA AND O'BRIEN MANUFACTURING COMPANY, INC., CHICAGO, 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 third reading. Councilman Craven made a motion for passage of the Ordinance. Councilman Grounds seconded the motion. There being no discussion on the motion, the Ordinance was passed by a roll call vote of 9 ayes (Councilmen Laven, Allen, Craven, Reinke, Szymkowiak, Wise, Palmer, Grounds and Zielinski) 0 nays. REGULAR MEETING JANUARY 26, 1970 ORDINANCES, THIRD READING ORDINANCE NO. 5147 -70 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) The Ordinance was given third reading. Councilman Reinke made a motion for passage of the Ordi- nance. Councilman Zielinski seconded the motion. There. being no discussion on the motion, the Ordinance was passed by a roll call vote of 9 ayes (Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Wise, Palmer and Zielinski) 0 nays. 'ORDINANCES, FIRST AND SECOND READING nRnTNAVrR AN ORDINANCE AMENDING ORDINANCE NO. 4990 ADOPTED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA. (309 N. Ironwood) 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 February 9, 1970. Councilman Palmer seconded the motion. Motion carried. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE 4990 - CHAPTER 40 OF MUNICIPAL CODE (Formerly Zoning Ordinance 3702), AS AMENDED. (South side of Edison, West of Hickory) 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 February 23, 1970. Councilman Reinke seconded the motion. Motion carried. 7 ayes (Councilmen Laven, Allen, Craven, Reinke, Grounds, And Palmer and Zielinski) 2. nay (Councilme-n Szymkowiakand Wise.) Councilman Allen brought to the attention of the Council that the regular session of the Council on Feb. 23, 1970 falls on a legal holiday,(Washington's birthday anniversary which falls on Sunday, Feb. 22, 1970) and the City Clerk's office would not have the day off if the regular meeting is held on Feb. 23, 1970. Councilman Allenthen suggested thatihe meeting be held on Tues., February 24, 1970. Councilmen who voted for this suggestion were Councilmen Grounds, Zielinski Allen and Reinke. Councilman Palmer suggested that no meeting be held for this regular session. Councilman Wise voted in agreement with Councilman Palmer. Councilman Szymkowiak suggested that the regular meeting of the Council be held on Monday, February 23, 1970. Councilmen who voted for this suggestion were Councilmen Craven, Szymkowiak and Laven. The February 24th date carried. Council- President entertained a motion that the above Ordinance public hearing be held on February 24, 1970. Councilman Allen so moved, seconded by Councilman Zielinski. Motion carried. 6 ayes (Councilmen Laven, Allen, Craven, Reinke, Grounds and Zielinski) 3 nays (Councilman Szymkowiak, Wise and Palmer). I nRnTNAWR AN ORDINANCE AMENDING ORDINANCE NO. 3702 ADOPTED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ON THE 13TH DAY OF JUNE, 1949, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND,AS AMENDED. (Location: Fillmore - Lombardy)(ORDINANCE NO. 4990 -68) The Ordinance was given first reading by title and second reading in full. Councilman Craven made a motion the Ordinance be set for Public hearing on February 9, 1970. . Councilman Reinke seconded the motion. Motion carried. 6 ayes (Councilmen Laven, Allen, Craven, Reinke, Grounds.and Palmer) 3 nays (Councilmen Szymkowiak, Wise and Zielinski). ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION TO ACCOUNT P -726 "OTHER EQUIPMENT" IN THE AMOUNT OF $4,028.00 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 first reading by title and second reading in full. Councilman Craven made a motion the Ordinance be set for Public hearing on February 9, 1970. Councilman Reinke seconded the motion. Motion carried. 4 REGULAR MEETING JANUARY 26, 1970 UNFINISHED BUSINESS Councilman Allen stated that the City Controller has not issued a report of the Parking Meter Department Budget to the Councilmen as yet. She asked that the Controller turn in the report soon. Councilman Allen said it is difficult to keep streets in the central downtown area free from snow and dirt because of cars parked on the streets during the hours of 2 to 5 a.m. She said she thought tickets should be issued and directed the Clerk to write a letter to the South Bend Police Department, with a copy sent to the Board of Public Works & Safety, asking that the Police proceed to issue tickets to anyone parking in the downtown central business district from 2:00 a.m. to 5:00 a.m., as covered in the Municipal Code of South Bend, Section 25 -35, Article III. There being no further business to come before the Council, Councilman Zielinski moved for adjournment. Councilman Palmer seconded the motion. Motion carried. Time: 10:10 p.m. ATTEST: APPROVED: 0 PRESIDENT