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Home My WebLink About02-24-70 Council Committee of the Whole Meeting MinutesI REGULAR MEETING FEBRUARY 24, 1970 REGULAR MEETING Be it remembered that the Common Council of the City of South Bend, Indiana, met in the Council Chambers in the County -City Building on Tuesday, February 24, 1970 at 8:05 p.m., with all members present. The meeting was called to order by Council President Robert O. Laven. The invocation was given by Reverend Forrest W. Howell, Grace United Methodist Church, 3012 S. Twyckenham Drive, South Bend, Indiana. ROLL CALL PRESENT: Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Wise, Palmer and Zielinski. ABSENT: None. Council- President Laven entertained a motion to resolve the Council into Whole on the state of the City to consider the items listed on the agenda of the Committee of the Whole. Councilman Palmer so moved and Councilman motion. Motion carried. Time: 8:10 p.m. COMMITTEE OF THE WHOLE MEETING the Committee of the for the consideration Wise seconded the 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 the County -City Building on Tuesday, February 24, 1970, at 8:11 p.m., all members present. The meeting was called to order by Chairman William W. Ground! who presided. 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) 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. Marty Kleva representing the D & L Development Corg of Benton Harbor, Michigan, explained that the complex will contain 12 two - bedroom apartments, 4 three - bedroom apartments and 8 four - bedroom apartments that will cost approximately $23,000.00 each, which included the lot. He stated that the South Bend Housing Authority commissioners and the Area Plan Commission helped select the site. Remonstrators said that the two -story structures will not fit into the neighborhood of one -story dwellings and that traffic problems will develop on the already busy Edison and Hickory Roads. They also contended wildlife in the wooded area will be disturbed and destroyed and also, a serious drainage problem will result if public housing is placed on the site. Councilman Wise objected to the multiple - family dwellings being erected in a single - family dwelling neighborhood. Attorney George Patto n submitted a petition signed by 189 residents opposed to the rezoning of the area for housing of this type in the area. Speaking against the zoning were: Kenneth V. Cowen, 3618 Edison Rd., Eugene Guentert, Jr., 1304 Ebeling Dr.; Marvin Oakley, 3617 Rexford Dr., Terry Guentert, 3611 Rexford Dr.& Richard Draper, 1129 Whitehall Dr. Councilman Allen made a motion for a recess and Councilman Palmer seconded the motion. Motion carried. Time: 9:22 p.m. The Council reconvened at 9:30 p.m. Councilman Wise made a motion, seconded by Councilman Palmer that the Ordinance go to the Council as unfavorable. Motion defeated by 6 nays (Councilmen Laven, Reinke, Allen, Grounds, Szymkowiak, and Zielinski) 3 ayes (Councilmen Wise, Palmer and Craven). Councilman Reinke made a motion, seconded by Councilman Lavers, that the public hearing of the proposed Ordinance be continued until March 9, 1970. Motion carried. Council Chairman Grounds directed the Clerk to notify the D. & L. Development Corporation, Benton Harbor, Michigan and the Public Housing Authority to attend the next Council meeting on March 9, 1970. ORDINANCE AN ORDINANCE APPROPRIATING THE SUM OF $583,510.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING 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 Engineer Lloyd Taylor explained the necessity for the appropriation. He stated the money will be used for the construction of the retention lagoons at Ponsha Dr. and 33rd St., Washington Avenue and 36th St., and Sampson and Randolph Streets, and for the improvement of drainage in the area of Chippewa Avenue and Main St. Mr. Bert Hodge, acting principal of Tarkington Elementary School said he was grateful for the positive steps taken by the City to relieve flooding conditions in the area because many children now walk in water on Hepler Street on their many trips to and from school. Mr. -Dale W. Smith, 1402 E. Dayton Street objected to the installation priority of this area. He stated the water is coming from Clyde Creek and this should be remedied first. City Engineer Taylor said the Sampson- Randolph residents suffer the most in floods and the site has priority. Resi- dents questioning Mr. Taylor were Jacob Mitschelen, 3820 S. Michigan Street,- South Bend; Robert Brown, 1800 Randolph St., South Bend; and David Hyde, Corner of Winston & Hepler Streets, South Bend. Councilman Laven made a motion, seconded by Councilman Craven, that the Ordinance go to the Council as favorable. Motion carried. 322 COMMITTEE OF THE WHOLE MEETING ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WASTEWATER TREATMENT PLANT OF THE CITY OF SOUTH BEND, INDIANA AND GARNER'S PLUMBING & HEATING PIPING CONTRACTOR OF ARGOS, INDIANA, FOR A SEWER REPAIR AT 1141 CAMPEAU STREET, SOUTH BEND, INDIANA, IN THE AMOUNT, OF $3,900.00 FEBRUARY 24, 1970 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 made a motion, seconded by Councilman Zielinski, that the public hearing be continued on March 9, 1970. Motion carried unanimously. ORnTNANrR AN ORDINANCE TO AMEND SECTION 6 OR ORDINANCE NO. 4838 -66 ENTITLED "AN ORDINANCE REPEALING CHAPTER 36 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1962, RELATING 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." 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 advised the Council not to pass the Ordinance because it was lowering the amount of insurance the taxi drivers were required to carry. He stated the'verdicts on'liability cases today were between $500,000 to $700,000. He said the Council was responsible for more than the welfare of the Taxicab Drivers: He said they must also consider the people who ride in the cabs. Councilman Laven recommended that taxicab rates be increased by ordinance.and asked that the Transportation Committee of the Council meet with the Taxicab companies to study the possibility of drawing up such an ordinance. Before making this recommendation, two amendments were offered by Council - man Laven. #1 - In Sec. 6., Line 9, strike out $150,000.00 to read $100,000.00. His motion was seconded by Councilman Szymkowiak. Motion carried. #2 - In Sec. 6., Line 3, after word "in ", insert the word "at least in the, ". Councilman Laven's motion was seconded by Councilman Craven. Motion carried. Councilman Allen made a motion that the Ordinance go to the Council favorable as amended. Council - man Szymkowiak seconded the motion. Motion was defeated by 5 nays (Councilmen Laven, Reinke, Craven, Grounds and Wise) 4 ayes ( Councilmen Allen, Szymkowiak, Palmer and Zielinski) Councilman Laven made a motion that the Ordinance go to the Council as unfavorable with the recom- mendation that the Transportation Committee of the Council meet with the Taxicab Companies to study the possibility of drawing up a new ordinance. Councilman Zielinski seconded the motion. Motion carried. 5 ayes (Councilmen Laven, Reinke, Craven, Grounds and Wise) 4 nays (Councilmen Allen, Szymkowiak, Palmer and Zielinski. There beng'no further business to be considered before the Committee of the Whole, Chairman Grounds entertained a motion to rise and report to the Council. Councilman Allen so moved, seconded by Councilman Palmer.. Motion carried. Time: 10 :45 p.m. ATTEST: APPROVED: