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HomeMy WebLinkAbout03-23-70 Council Committee of the Whole Meeting Minutes(REGULAR MEETING MARCH 23, 1970 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 Monday, March 23, 1970 at 8:00 p.m., with all members present. The meeting was called to order by Council President Robert 0. Laven. The invocation was given by Reverend Thomas C. Rough, Central United Methodist Church, 608 S. St. Joseph Street, 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 the Committee of the Whole on the state of the City to consider the items listed on the agenda for the consideration of the- Committee of the Whole. Councilman Allen so moved and Councilman Craven seconded the motion. Motion carried. Time: 8:10 p.m. COMMITTEE OF THE WHOLE MEETING 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 Monday, March 23, 1970, at 8:11 p.m., all members present. The meeting was called to order by Chairman William W. Grounds, who presided. ORDINANCE AN ORDINANCE PROVIDING FOR THE CREATION OF A POLICE CADET PROGRAM. This being the time heretofore set for public hearing on the above Ordinance, proponents and opponents were given an opportunity to be heard thereon. Miss Virginia Guthrie, Executive Secre- tary of the South Bend Civic Planning Association asked if the city has been operating a Cadet Program illegally. City Attorney S. J. Crumpacker said all this ordinance does is give a formal outline to the program. Dr. Larry L. Taylor, an Osteopathic doctor opposed the program. He said the federal funding will eventually.turn the local police departments into a national force. Police Chief Loren Bussert spoke for the'ordinance. He said ten civilian cadets are in training and attending Indiana University at South Bend and are expected to join the police department when they graduate. City Engineer Taylor stated that two openings were left open to attract black citizens into the program and the city hopes to have two join the program in June, 1970. Councilman Reinke said it is a good sound program and very economical. Councilman Laven stated that the Council allocated $36,000.00 in the 1970 budget for 12 cadets. Councilman Reinke made a motion that the Ordinance go to the Council as favorable. Councilman Palmer seconded the motion. Motion carried. COMMITTEE OF THE WHOLE MEETING MARCH 23, 1970 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. This being the time heretofore set for public hearing on the above Ordinance, proponents and opponents were given an opportunity to be heard thereon. Director of Utilities, John L. Hunter, spoke in favor of the Ordinance. He said two items were accepted as bids from Badger Mfg. so that they may purchase all of their outside reading meters from the same manufacture. He also noted that they can save money by not stocking additional parts and receiving a trade -in on the old meters at $4.00 apiece from Badger Meter Mfg. Company. Councilman Szymkowiak made a motion, seconded by Councilman Craven, that the Ordinance go to the Council as favorable. Motion carried ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WATER WORKS OF THE CITY OF SOUTH BEND, INDIANA AND HERSEY- SPARLING METER COMPANY, DEDHAM, MASSACHUSETTS, 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. This being the time heretofore set for public hearing on the above Ordinance, proponents and opponents were given an opportunity to be heard thereon. Director of Utilities, John L. Hunter, spoke in favor of the Ordinance. He said this bid is for a -2" compound disc type of meter- -used in commercial establishments, plus other meters used commercially. Councilman Zielinski made a motion, seconded by Councilman Palmer, that the Ordinance go to the Council as favorable. Motion carried. ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WATER WORKS OF THE CITY OF SOUTH BEND, INDIANA, AND ROCK- WELL 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. This being the time heretofore set for public hearing on the above Ordinance, proponents and opponents were given an opportunity to be heard thereon. Director of Utilities, John L. Hunter, spoke in favor of the Ordinance. Councilman Laven commented that the residential meters were five -cents less than they were last year. Councilman Zielinski made a motion, seconded by Councilman Palmer, that the Ordinance go to the Council as favorable. 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. 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, explained that the settlement was agreed upon by the city legal department and attorneys for Mrs. Magan. The settlement is in behalf of Mrs. Magan, 1425 E. Donald Street, South Bend, who was severely injured in an accident August 5, 1967, involving a police car that was pursuing another vehicle. He stated that this settlement voids the liability of the City which could be much greater. Mr. Crumpacker said the City is now protected against this type of suit. Council- man Wise made a motion, seconded by Councilman Szymkowiak, that the Ordinance go to the Council as favorable. Motion carried. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO. 4990 - CHAPTER 40 OF THE MUNICIPAL CODE (formerly Zoning Ordinance No. 3702.) (Post Office, 4001 and 4015 South Main Street) 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. Harry E. Conner, Indianapolis, Real Estate agent for the Post Office Department, said the existing station has been outgrown. A 90 by 132 foot structure will be erected on the new site, with 115 parking structures, and will replace the existing post office station located at Main St. and Ewing Avenue. He also said the old building will be occupied under lease. Mr. Conner submitted a..revised.site : plan_to the Clerk with a correction of the curbing dimensions. Councilman Szymkowiak made a motion, seconded by Councilman Reinke, that the Ordinance go to the Council as favorable. Motion carried. ORDINANCE AN ORDINANCE ANNEXING TO THE CITY OF SOUTH BEND, INDIANA CERTAIN TERRITORY CONTIGUOUS THERETO. (Lilac, Darden & Brick Rds.) This being the time heretofore set for public hearing on the above Ordinance, proponents and op- ponents were given an opportunity to be heard thereon. Councilman Allen made a motion, seconded Willb Quncilman Craven, that the public hearing be continued on April 13, 1970 and that Attorney iam Voor, Sr. be directed to be present to answer questions. Motion carried. COMMITTEE OF THE WHOLE MEETING MARCH 23, 1970 nRnTNANCR 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. This public hearing is a continuation from the meeting of March 9, 1970. Residents speaking against the proposed zoning were: Richard Draper, 1129 Whitehall Dr., South Bend; Eugene Guentert, 1304 Ebling Drive, South Bend; Kenneth Parrot, 3501 E. Edison Rd., South Bend; Kenneth Cowan, 3618 E. Edison Rd, South Bend and Gene Guentert, Sr., 18241 Edison Rd. and Walter Johnson, 1151 N. Hickory Rd., South Bend; The residents contended that covenants in the deeds for the site restrict its use to single - family dwellings. They also objected to the number of children that will be in the project and claimed this will overcrowd schools and impair the quality of education for all and they objected to the already congested and growing area traffic that will increase. Mr. Joseph Gatto, Vice - president of the South Bend Housing Commission said it is estimated that the units would have 1.6 children per bedroom and a total of 70 in the 24 units, some of which will be four -bed- room apartments. He recommended the public inspect the existing public housing units in the city to see how well they are maintained by the Housing Authority. City Attorney S. J. Crumpacker said the covenant is poorly drawn and ambiguous and it will take a court decision to determine its meaning. George T. Patton, Attorney, said he agreed with Mr. Crumpacker and added that it appears the developer will have to borrow money and no lender will provide-money until a court rules on the question of the covenants. George P. Roberts, an attorney for the D. & L. Development Corp., Benton Harbor, Mich, the developers, said he did not agree with Mr. Patton's statements and added that court action will be taken if financing is necessary. Councilman Wise insisted that only single - family one -story dwellings should be erected. Councilman Zielinski made a motion for a recess. Councilman Palmer seconded the motion. Motion carried. Time: 10:20 p.m. The Council reconvened at 10 :45 p.m. Councilman Laven made a motion, seconded by Councilman Allen that the site plan be revised and amended from 24 to 20 multiple family units,( six 4- bedroom units; four 3- bedroom units and ten 2- bedroom units, making a total of 20 units), using the plan shown, providing more open space for play area. Motion carried. 6 ayes (Council- men Laven, Allen, Reinke, Grounds, Szymkowiak, Zielinski) 3 nays ( Craven, Wise and Palmer) Mr. Marty Kleva, representing the D. & L. Development Corp., Benton Harbor, Mich., said if the Public Housing Authority agrees to the revised.site plan, the developer will go along with the change. Councilman Laven made a motion that the Ordinance go to the Council favorable as amended. Councilman Allen seconded the motion. Motion carried. There being 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. Councilman Craven.seconded the motion. Motion carried. Time: 10:53 p.m. ATTEST: APPROVED: CHAI