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HomeMy WebLinkAbout02-24-70 Council Meeting MinutesV REGULAR MEETING FEBRUARY 24. 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 Tuesday, February 24, 1970 at 10:55 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 February 9, 1970 meeting of the Council and found them correct. They therefore recommend that the same be approved. /s/ Robert 0. Laven /s/ Janet S. Allen 7-s/- Albert E. Palmer There being no objections, the report was accepted as read and placed on file. fl f3 REGULAR MEETING FEBRUARY 24, 1970 CITIZENS REQUESTS - MISCELLANEOUS MATTERS Miss Virginia Guthrie, Executive Secretary of the South Bend Civic Planning Association, suggestec the pledge of allegiance be recited before the Council meeting, after the invocation is given. REPORTS FROM THE CITY CONTROLLER City Controller James A. Bickel answered various questions from the Councilmen and explained that the annual Controller's report is presently bei.ngrepared. Mr. Bickel submitted the December, 1969 Report and the Report for the Year 1969, each Councilman having received a copy of the report before the meeting. The reports were accepted as submitted and placed on file. REPORT FROM THE AREA PLAN COMMISSION February 18, 1970 The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: The attached rezoning petition of Louis Gruszynski, et al, was legally advertised on February 7 and 14 and given public hearing on February 17, 1970. 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, John K. Wilson, Executive Director JEW /cas Attach. There being no objections, the report was accepted and placed on file. DPTTTTnVC Petition to amend Zoning Ordinance. We, the undersigned, do hereby respectfully make application and petition the Common Council of South Bend, Indiana to amend the Zoning Ordinance of South Bend, Indiana as hereinafter re- quested, and in support of this application, the following facts are shown: 1. The property sought to be rezoned is located at: The Northwest corner of Lincoln Way West and Chicago Street, in St. Joseph County, City of South Bend, Indiana. 2. The property is owned by: Endre Vadas and Mildred Vadas, husband and wife; Donald J. Konieczny and Sophie E. Konieczny, husband and wife have an option to purchase real estate. 3. A legal description of the property is as follows: Lots Numbered Nineteen (19), Twenty (20) and Twenty -one (21), as shown on the recorded Plat of Lincoln Plaza, an addition to the City of South Bend, in St. Joseph County, Indiana, together with the Southerly half (1/2) of that part of the vacated alley lying northerly of and adjoining said lots. 4. It is desired and requested that the foregoing property be rezoned: From "A" Residential Use and "A" Height and Area District To "C" Commercial Use and "E" 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: In one building, a package liquor store where beer, wine and liquor will be dispensed and a beauty shop,will be constructed on the premises. 6. Number of Off - Street parking spaces to be provided: 25. 7. Attached is a copy of an existing plot plan showing the property and other surrounding prop- erties; names and addresses of all the individuals, firms or corporations owning property within 300 feet of the property sought to be rezoned; site development plan. Petition prepared by W. E. Voor, Jr. Attorney /s/ William E. Voor, Jr. Attorney for petitioners: Donald J. Konieczny and Sophie Zonieczny 620 First Bank Building South Bend, Indiana 46601 Councilman Grounds made a motion, seconded by Councilman Zielinski that the petition be referred to the Area Plan Commission for study. Motion carried. 3214 REGULAR MEETING FEBRUARY 24, 1970 DVMTTTnVq Petition to amend Zoning Ordinance: I, the undersigned, do hereby respectfully make.application and petition the Common Council of the City of South Bend, Ind. 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 what is more commonly describedas 3000 East McKinley Avenue, South Bend, Indiana. 2. The property is owned by M. Dayne Bonta under certain Trusts for Ralph and Wanda Williams. 3. A legal description of the property is as follows: A part of the Northeast Quarter of Section 8, Township 37 North, Range 3 East of the Second Principal Meridian, described as follows: Beginning at a point on the West line of the Northeast Quarter of Section 8, 1216.32 feet North (as measured along said West line) of the Southwest corner of said Quarter Section thence North 000391 50" East along said West line a distance of 977.70 feet to a point;. thence South 890 20' 10" East, a distance of 232.00 feet which is the point of beginning of this tract; thence North 000 391 50" East a distance of 115.18 feet to a point; thence South 890 201 10" East a distance of 125.00 feet to a point; thence North 190 07' 25" East a distance of 79.06 feet to a point; thence South 000 39' 50" West, a distance of 190.18 feet; thence West approximately 150 feet to the point of beginning. 4. It is desired and requested that the foregoing property be rezoned: From "A11 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 buildings will be constructed: A part of a garden -type apartment building to be located on land which is in part already rezoned for such construction with site plan approval already acquired by petition heretofore filed on November 23, 1966, and subsequently rezoned by ordinance. 6. Number of off street parking spaces to be provided: None on this particular parcel. 7. Attached is a copy of an existing plot plan showing the property and other surrounding prop - erties; names and addresses of all the individuals, firms or corporations owning property within 300 feet of the property sought to be rezoned; site development plan. /s /_ Douglas D. Seely, Jr., Attorney for Owner 801 Odd Fellows Building South Bend, Indiana 46601 Petition prepared by Douglas D. Seely, Jr., Atty. (Councilman Grounds made a motion, seconded by Councilman Palmer, that the petition be referred to the Area Plan Commission for study. Motion carried. DPMTMTnWQ Petition to amend Zoning Ordinance: I, the undersigned, do hereby respectfully.make application and petition the Common Council of South Bend, Indiana to amend the Zoning Ordinance 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: 150 West Angela Boulevard, South Bend, Ind. 2. The property is owned by: Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter -Day Saints. 3. A legal description of the property is as follows: Lots #362, 363, and 364, all as shown on the recorded plat of Hillcrest Addition, to Navarre Place, in the City of South Bend, Indiana. 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: Physicians offices shall be constructed interiorly in existing frame structure. There will be no physical change in building design as it now exists. 6. Number of off - street parking spaces to be provided: 10 spaces, or more (5 spaces per doctor required by ordinance). 7. Attached is a copy of: an existing plot plan showing the property and other surrounding properties; names and addresses of all the individuals, firms or corporations owning property within 300 feet of the property sought to be rezoned; site development plan. Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter -Day Saints. By: Douglas D. Seely, Jr., Its Attorney /s/ Petition prepared by Douglas D. Seely, Jr., Atty. 801 Odd Fellows Build., South Bend, Indiana 46601 Councilman Allen made a motion, seconded by Councilman Wise, that the petition be referred to the Area Plan Commission for study. Motion carried. REGULAR MEETING FEBRUARY 24, 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, Indiana 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 the Northeast corner of East Jefferson Boule- vard and 35th Street. 2. The property is owned by Your Worship Hour, Inc., 3501 East Jefferson Blvd., South Bend, Ind. 3. A legal description of the property is as follows: Lot Numbered 84 as shown on the recorded Plat of Belmont Addition to the City of South Bend. 4. It is desired and requested taht the foregoing property be rezoned: From "A" Residential Use and Height and Area District TO "B" Residential Use and Height and Area District. 5. It is proposed that the property will be put to the following use and the following improve- ments will be constructed: Studio and offices of Your Worship Hours, Inc., an Indiana Not For Profit, Religious Corporation for use in producing an internationally -- syndicated worship service of the radio air waves; existing structure will be utilized along with a second floor room added at the rear over the existing garage and car port. 6.. Number of off street parking spaces to be provided: Eight (8) (three spaces on -site; five spaces within 500 feet of the main entrance of the structure.) (See attached letter marked Exhibit "A ") 7. Attached is a copy of: an existing plot plan showing the property and other surrounding properties; names and addresses of all the individuals, firms or corporations owning property within 300 feet of the property sought to be rezoned; site development plan. YOUR WORSHIP HOUR, INC. mss/ Quinton J. Everest 3501 E. Jefferson Blvd. South Bend, Indiana Petition prepared by Thomas P. Loughlin, Patrick J. McNamara Bingham, Loughlin & Means 402 Lincoln Way East Mishawaka, Indiana 46544 255 -9616 Councilman Palmer made a motion, seconded by Councilman Craven that the petition be referred to the Area Plan Commission for study. Motion carried. REPORTS OF THE COMMITTEE OF THE WHOLE Council - 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. ORDINANCES, THIRD READING ORDINANCE NO. 5153 -70 AN ORDINANCE APPROPRIATING THE SUM OF $583,510.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND. The Ordinance was given third reading. Councilman Reinke made a motion for passage of the Ordi- nance. Councilman Craven 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, Reinke, Craven, Grounds, Szymkowiak, Wise, Palmer and Zielinski) 0 nays. ORDINANCE DEFEATED AN ORDINANCE TO AMEND SECTION 6 OF ORDI- NANCE 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 TAXI- CABS AND OTHER VEHICLES: LICENSING TAXI- CABS AND TAXICAB DRIVERS: PROVIDING FOR TAXICAB STANDS ON THE PUBLIC STREETS: PROVIDING PENALTIES FOR THE VIOLATION THEREOF". The Ordinance was given third reading. Councilman Allen made a motion for passage of the Ordi- nance. Councilman Szymkowiak seconded the motion. Motion was defeated by a roll call vote of 5 nays (Councilman Laven, Craven, Reinke, Grounds and Wise.) 4 ayes (Councilmen Allen, Szymkowiak, Palmer and Zielinski) Councilman Laven directed the Council Transportation Committee, Councilmen Szymkowiak, Grounds, Zielinski, Craven and Allen, to meet with the Taxicab Companies and discuss the rate structure of the taxicab companies with recommendations for a new ordinance. M REGULAR MEETING FEBRUARY 24, 1970 ORDINANCES, FIRST & SECOND READING ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ORDI- NANCE NO. 4990 - CHAPTER 40, OF THE MUNICIPAL CODE (FORMERLY ZONING ORDINANCE NO. 3702). ( Elwood - Keller & Bendix Dr., American Legion Post #50) The Ordinance was given first reading by title and second reading in full. Councilman Szymkowiak made a motion the Ordinance be set for Public Hearing on March 9, 1970. Councilman Zielinski seconded the motion. Motion carried. ORDINANCE AN ORDINANCE AUTHORIZING THE TRANSFER OF $1,077.55 FROM THE SANITATION FUND AND $6,770.90 FROM THE MUNICIPAL BONDS OF 1962 FUND TO THE GENERAL SINKING FUND OF THE CITY OF SOUTH BEND, INDIANA. 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 March 9, 1970. Councilman Wise seconded the motion. Motion carried. ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WATER WORKS OF THE CITY OF SOUTH BEND, INDIANA AND ASHLAND CHEMICAL COMPANY, SOUTH BEND, INDIANA, FOR THE PURCHASE OF CHEMICALS FOR USE FROM FEBRUARY 7, 1970 TO FEBRUARY 7, 1971, IN THE AMOUNT OF $6,840.00. 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 March 9, 1970. Councilman Craven seconde the motion. Motion carried. (ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WATER WORKS OF THE CITY OF SOUTH BEND, INDIANA AND INLAND CHEMICAL CORPORATION, SOUTH BEND, INDIANA, FOR THE PURCHASE OF CHEMICALS FOR USE FROM FEBRUARY 7, 1970 TO FEBRUARY 7, 1971, IN THE AMOUNT OF $27,075.00. 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 March 9, 1970. Councilman Craven seconded the motion. Motion carried. ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WATER WORKS OF THE CITY OF SOUTH BEND, INDIANA AND SOUTH BEND WINDOW CLEANING COMPANY, INCORPORATED, SOUTH BEND INDIANA, FOR JANITORIAL SERVICES AT 224 NORTH MAIN STREET, SOUTH BEND, INDIANA FROM APRIL 1, 1970 TO APRIL 1, 1971, IN THE AMOUNT OF $5,868.00. 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 March 9, 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 BADGER METER MANUFACTURING COMPANY, MILWAUKEE, WISCONSIN, FOR THE PURCHASE OF AN ASSORTMENT OF WATER METERS FOR USE FROM FEBRUARY 7, 1970 TO FEBRUARY 7, 1971, IN THE AMOUNT OF $33,926.20. 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 March 23, 1970. Councilman Palmer seconded the motion. Motion carried. REGULAR MEETING FEBRUARY 24, 1970 ORDINANCES, FIRST & SECOND READING ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WATER WORKS OF THE CITY OF SOUTH BEND, INDIANA AND HERSEY - SPARLING METER COMPANY, DEDHAM, MASSA- CHUSETTS, FOR THE PURCHASE OF AN ASSORTMENT OF WATER METERS FOR USE FROM FEBRUARY 7, 1970 TO FEBRUARY 7, 1971, IN THE AMOUNT OF $27,180.20. 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 Match 23, 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 ROCKWELL MANUFACTURING COMPANY, PITTSBURGH, PENNSYLVANIA, FOR THE PURCHASE OF AN ASSORTMENT OF WATER METERS FOR USE FROM FEBRUARY 7, 1970 TO FEBRUARY 7, 1971, IN THE AMOUNT OF $11,828.57. 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 March 23, 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 NORTHERN ELECTRIC CONSTRUCTION CO., INC. OF SOUTH BEND, INDIANA, FOR THE INSTALLATION OF LIGHTING IN THE AMOUNT OF $4,556.00. 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 March 9, 1970. Councilman Grounds seconded the motion. Motion carried. ORDINANCE AN ORDINANCE PROVIDING FOR THE CREATION OF A POLICE CADET PROGRAM. 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 March 23, 1970. Councilman Craven seconded the motion. Motion carried. ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF SOUTH BEND AND JUANITA MAGAN AND JAMES MAGAN FOR THE COMPROMISE SETTLEMENT OF A PERSONAL INJURY CLAIM AGAINST THE CITY OF SOUTH BEND BY THE PAYMENT OF $22,500.00. 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 March 23, 1970. Councilman Grounds seconded the motion. Motion carried. RESOLUTION RESOLUTION NO. 235 -70 RESOLUTION AUTHORIZING LEASE OF FIRE STATION AT 701 PORTAGE AVENUE TO SOUTH BEND CIVIC THEATRE, INC. WHEREAS, the City of South Bend has vacated the fire station located at 701 Portage Avenue and has no current use for the premises, and WHEREAS, the South Bend Civic Theatre, Inc., a non profit corporation, dedicated to the production of amateur theatre and education of young people, desires to lease said premises again for the year 1970 for the purpose of conducting amateur theatre activities, 3 REGULAR MEETING FEBRUARY 24, 1970 II RESOLUTION NO. 235 -70 (cont-'d.) NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: Section 1. Pursuant to the authority set forth in the Acts of the General Assembly for the year 1905, Chapter 129, as amended, that certain lease entered into by and between the City of South Bend, Indiana, acting by and through its Board of Public Works and Safety, and the South Bend Civic Theatre, Inc., on the 19th day of January, 1970, which lease is attached hereto, marked Exhibit A, and incorporated herein, by reference, to the same extent as if it 1were fully recited herein, is hereby approved and confirmed. /s/ William W. Grounds Member of the Common Council A Public Hearing was held at this time on the above Resolution. City Attorney S. J. Crumpacker explained that the lease, this year, is made automatically renewable, from year to year, unless one party wishes to terminate it. The Cost is $1.00 per year. Councilman Reinke asked Mr. Crumpacker if there has been any inquiry for the purchase of the property and he replied "no ". Councilman Grounds made a motion, seconded by Councilman Wise, that the resolution be adopted. IMotion carried unanimously. IIUNFINISHED BUSINESS Councilman Allen reported that a Resource Services Center for dispensing of services to the needy citizens of South Bend and the surrounding areas was being considered by the County and City. She said she recommended that the Council work closely with the County Commissioners and City Controller in cooperative efforts and provide a building to centralize these various departments into one location making it accessible to all citizens in the area. Councilman Laven directed the Clerk to check with Councilman Allen and type up such a resolution- for the next Council agenda. There being no further business to come before the Council, Councilman Zielinski moved for adjournment. Councilman Wise seconded the motion. Motion carried. Time: 11:48 p.m. ATTEST: APPROVED: IDENT