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Home My WebLink About04-28-70 Council Committee of the Whole Meeting MinutesCOMMITTEE OF THE WHOLE MEETING APRIL 28, 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, April 28, 1970 at 8:00 p.m. The meeting was called to order by Council President Robert 0. Laven. The invocation was given by Reverend Herbert T. Tetzlaff, St. Peters United Church of Christ, 915 N. Ironwood Drive, South Bend, Indiana. R M.T. 0 A T.T. PRESENT: Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Palmer and Zielinski ABSENT: Wise 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 Grounds seconded the motion. Motion carried. Time: 8:02 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 Tuesday, April 28, 1970, at 8:03 p.m. with eight members present, one member absent (Councilman Wise). The meeting was called to order by Chairman William Grounds, who presided. %i -s i Mixi mal AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO. 4990 - CHAPTER 40 OF THE MUNICIPAL CODE (formerly Zoning Ordinance No. 3702). (.42 acres of land located near Northwest Corner of the Intersection of McKinley Avenue and Hickory Road) (3533 E. McKinley) 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. Joseph Helling, attorney for the petitioner was unable to attend the meeting because of a conflict of interests. Mr. Doug Carpenter, Senior Planner, Area Plan Commission answered various questions presented by the Councilmen. He stated the tract was zoned to commercial for use as a real estate office. He stated trucks will not be parked in the parking area, only real estate men and their clients will use the lot. Councilman Szymkowiak made a motion, seconded by Councilman Reinke, that the Ordinance go to the Council as favorable. 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 (3000 E. McKinley Avenue, Park Jefferson Apartments) This being the time heretofore set for public hearing on the above Ordinance, proponents and opponents were given an opportunity to be heard thereon. Attorney Doug Seeley, representing the petitioners, explained the proposed building will be used as a storage and utility space. He stated that this was the final phase of the Park Jefferson development. Councilman Zielinski made a motion, seconded by Councilman Craven, that the Ordinance go to the Council as favorable. Motion carried. nPnTNAMrR 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. (150 W. Angela Blvd.) This being the time heretofore set for public hearing on the above Ordinance, proponents and opponents were given an opportunity to be heard thereon. Attorney Doug Seeley, representing the petitioners, stated that there will be no exterior changes in the existing building, and it will have the appearance of residential property. Mr. Max W. Jena, 913 Lawndale Avenue, South Bend, asked where the entrance will be located. Mr. Seeley stated the entrance was placed on Osego Drive. There was too great a traffic hazard to locate the entrance and exit drives on Angela Blvd, he explained. Councilman Reinke made a motion, seconded by Councilman Palmer, that the Ordinance go to the Council as favorable. Motion carried. Council Chairman Grounds entertained a motion t< Civic Auditorium for a portion of the meeting. man Zielinski. Motion carried. Time: 8.30 p.m. recess at this time and reconvene at the Morris Councilman Palmer so moved, seconded by Council- The meeting reconvened in the Morris Civic Auditorium at 8:45 with Chairman Grounds presiding. 4 R COMMITTEE OF THE WHOLE MEETING APRIL 28, 1970 ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WASTEWATER TREATMENT PLANT OF THE CITY OF SOUTH BEND, INDIANA AND E. L. ZIMMERMAN COMPANY, INC. OF MISHAWAKA, INDIANA FOR THE INSTALLATION OF PUMPS IN THE AMOUNT OF $25,325.00. This being the time heretofore set for public hearing on the above Ordinance, proponents and opponents were given an opportunity to be heard thereon. Superintendent of the Wastewater Treatment Plant, Louis Rague, spoke on behalf of the Ordinance. He stated the present pumps are inadequate for pumping the grit in the sewage and the new pumps are designed to handle this problem. Councilman Reinke made a motion, seconded by Councilman Zielinski, that the Ordinance go to the Council as favorable. Motion carried. nRnTNAWrR AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION TO ACCOUNT 52, "RENTS ", IN THE AMOUNT OF $1,500.00 AND THE TRANSFER OF SAID SUM FROM ACCOUNT 213, "TRAVELING EXPENSES ", IN THE DEPARTMENT OF REDEVELOPMENT, ALL BEING WITH- IN THE REDEVELOPMENT 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. Mr. Glenn Bare, Assistant Director, Department of Redevelopment, said a car cannot be purchased with Federal funds, however, a car -is on loan to the Department at the present time. Following a discussion among the Council- men and City Controller James A. Bickel, it was decided a new Ordinance or Resol ion should be drafted stating the purchase of a new automobile because it was more economic9t n 8u �ifitan Reinke made a motion that the Ordinance go to the Council as unfavorable. Councilman Zielinski seconded the motion. Motion carried. nRnTNAW R AN ORDINANCE ANNEXING TERRITORY TO THE MUNICIPAL CITY OF SOUTH BEND, INDIANA, GENERALLY DESCRIBED AS THE GILMER PARK ANNEXATION. This being the time heretofore set for public hearing on the above Ordinance, proponents and opponents were given an opportunity to be heard thereon. Lloyd S. Taylor, City Engineer, stated the legal boundaries of the proposed annexation. Exhibits #1 thru #7 were shown on an overhead screen projector. These Exhibits are placed on file with the Ordinance in the Clerms Office. These exhibits outlined the purposes of annexation, the need for a city to grow,(to „obtain a tax base __to help_the deteriorating central city survive),excerpts from Burns Indiana Statutes, Area Plan Commission's annexation study of Nov. 1966, South Bend Common Council's annexation committee report and the Time Table for rendering City services to the proposed annexation area. Mr. Eli D. Miller, general manager of the South Bend - Mishawaka Area Chamber of Commerce stated that the Chamber recommends the concept of orderly annexation and said "we need to implement this in the shortest possible time for the benefit of South Bend and Mishawaka.” Attorney Richard Doyle, a member of the St. Joseph County Tax Adjustment Board, said "suburb residents receive many benefits from the central city. I am not totally committed to annexation but I feel we have no alternative here." City Attorney Shepard J. Crumpacker read a statement from Mayor Lloyd M. Allen, who was unable to attend, who stated "City taxpayers support county government and feel victimized - this Council has shown courage in the past and it is time to support this bill." Mr. Max W. Jena, 913 Lawndale Avenue, South Bend spoke in favor of the annexation. Mr. Richard S. Albert, Gilmer Park businessman and president of the Centre Twp. Anti - Annexation Committee spoke against the annexation and asked what South Bend hopes to gain by annexing the Gilmer Park area. He suggested that the City furnish city services to the areas they have already annexed before they annex more areas. Mr. Clarence Wallace, 19647 Lucinda Street, Mr. Charles W. Cox, 19779 Lucinda Street, Mr. Roy R. Gilmer, 20362 Johnson Road, Mr. Joseph D. Molnar, 19695 Gilmer Street, and Mr. John W. Brewer, Jr., 19568 Johnson Road spoke against the proposed annexation. St. Joseph County Commissioners Jerry J. Miller and Clarence R. Kelley spoke against the Ordinance and Mr. Miller read a letter signed by them and Keith A. Klopfen- stein, President, urging the Council to delay additional annexation plans until the City has appropriate time to provide all normal city services to the areas which have been recently annexed. They also asked that, in the future, the Board of Commissioners be more specifically advised regarding large -scale annexation plans which so drastically effect the functions of County government. Councilman Grounds entertained a motion for a short recess. Councilman Zielinski so moved. Councilman Laven seconded the motion. Motion carried. Time: 10:35 p.m. ?JR 4 COMMITTEE OF THE WHOLE MEETING APRIL 28, 1970 ORDINANCE (Gilmer Park Annexation Ordinance, Cont'd.) The Council reconvened at 10:45 p.m. Mr. Sigmund Kulik, 18823 Madison Road, who said he did not live within the area of the proposed annexation, spoke against the annexation. Attorney Joseph Roper, representing the Gilmer Park residents, said a halt should be called in annexations and stated he would learn of every annexation pending in court and cautioned that it will be a number of years before they are disposed of. He claimed the Council ignored the views of the Area Plan Commission Report of Nov. 1966. He said the sewers can be installed without annexation and stated the City cannot annex to get revenue. Councilman Laven said the City is going to meet its responsibility in this direction and that this is definitely a responsibility of the Council and reminded Mr. Roper and the residents that the Council feels this annexation is for the best interests of the city and the entire community. Councilman Allen said she supports an orderly annexation but that it must be done slowly. She further stated that she will support this annexation at the proper time but that this is not the time and it will only add to the burdens of the people. Councilman Laven made a motion, seconded by Councilman Reinke, that the Ordinance go to the Council as favorable. 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 Laven so moved, seconded by Councilman Reinke Motion carried. Time: 11:40 p.m. ATTEST: • T ITY CLE s APPROVED: % < _ � 1'- --, CHAIRMAN