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HomeMy WebLinkAbout05-11-70 Council Committee of the Whole Meeting MinutesREGULAR MEETING MAY 11, 1970 REGULAR MEETING MAY 11, 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, May 11, 1970 at 8:12 p.m., with eight members present, 1 absent. The meeting was called to order by Council President Robert O. Laven. The invocation was given by Reverend Stephen Kalabany, Memorial Presbyterian Church, 1836 Portage Avenue, South Bend, Indiana. ROLL CALL 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 Grounds so moved and Councilman Zielinski seconded the motion. Motion carried. Time: 8:15 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, May 11, 1970, at 8:16 p.m., eight members present. The meeting was called to order by Chairman William Grounds, who presided. ORDINANCE AN ORDINANCE APPROPRIATING $70,000 FROM THE SEWAGE DISPOSAL FUND FOR THE CONSTRUCTION OF SEWERS. 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 that this is an amount ($70,000) left over from a general obligation bond issue that paid for the interceptor sewer system and it will be used for four sanitary sewer project installations and several other smaller projects. Miss Virginia Guthrie, Executive Secretary of the South Bend Civic Planning Association, asked how using this money for sewers would ease or affect the taxpayers burdens. Mr. Taylor said it would only help the city. In response to Councilman Allen's question as to the residents paying their share of the sewer costs, Mr. Taylor said they will pay prior to beginning of construction. Councilman Szymkowiak made a motion, seconded by Councilman Craven, that the Ordinance go to the Council as favorable. Motion carried. ORDINANCE AN ORDINANCE APPROPRIATING LOCAL ROAD AND STREET FUNDS IN THE SUM OF $67,660 AND $22,553 FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND FOR THE FISCAL YEAR ENDING DECEMBER 31, 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. City Engineer Lloyd Taylor said this ordinance would appropriate $67,660 from the local road and street funds derived from a 2 -cent portion of the state gasoline tax, and $22,553 from the cumulative capital improvement fund derived from cigarette taxes and be used for the Vine Street Area Trunk and Lateral Storm Sewer installation and the Traffic Operations Program for Increasing Capacity and Safety. The city must make application for the money to the Arterial Road and Street Board in Indianapolis for 75/ of the cost of these programs and the city is required to pay 25/ of the cost - -the amount of which will be paid out of the capital improvement fund. Councilman Allen objected to the proposed use'of street funds for sewer installations and asked the Clerk to send a memo to the City Controller asking for a list of projects the city intends to construct with the use of funds from the cumulative capital improvement fund. Councilman Szymkowiak made a motion, seconded by Councilman Zielinski, that the Ordinance go to the Council as favorable. Motion carried. nPnTMANOR AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE 4990 - CHAPTER 40 OF MUNICIPAL CODE (Formerly Zoning Ordinance 3702) AS AMENDED. (South Side of Jackson Road, East of Miami) This being the time heretofore set for public hearing on the above Ordinance,froponents and opponents were given an opportunity to be heard thereon. Mr. Douglas Carpenter, a member of the Area Plan Commission staff, explained that this tract was annexed by ordinance #4774 -65 but was taken to court. However, after judgement was rendered and it became a part of the city, it was never zoned. Area Plan recommends it remain "A" residential. Councilman Laven made a motion, seconded by Councilman Craven, that the Ordinance go to the Council as favorable. Motion carried COMMITTEE OF THE WHOLE MEETING MAY 11, 1970 ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE 4990 - CHAPTER 40 OF MUNICIPAL CODE (Formerly Zoning Ordinance 3702). AS AMENDED. ( 1/4 mile South of Jackson Road, Near York Road.) 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. Douglas Carpenter, a member of the Area Plan Commission staff, said this parcel was overlooked for the past five years and it needs to be rezoned. He stated Area Plan recommends that it remain residential. This is in the Crest Manor area. Councilman Palmer made a motion, seconded by Councilman Laven, that the Ordinance go to the Council as favorable. Motion carried. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE 4990 - CHAPTER 40 OF MUNICIPAL CODE (Formerly Zoning Ordinance 3702), AS AMENDED. (1/8 Section North of Topsfield and East of Ironwood). 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. Douglas Carpenter, a member of the Area Plan Commission staff, said this land was annexed by Ordinance #5116 -69 and that Area Plan recommends that it be zoned single family residential. Councilman Laven made a motion, seconded by Councilman Szymkowiak, that the Ordinance go to the Council as favorable. Motion carried. I ORnTNANOF. AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE 4990 - CHAPTER 40 OF MUNICIPAL CODE (Formerly Zoning Ordinance 3702) AS AMENDED. (East Side of Ironwood Road, Topsfield Addition) 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. Douglas Carpenter, a member of the Area Plan Commission staff, said this land was recently annexed to the city by Ordinance #4934 -67 but was not zoned and Area Plan is now recommending it be zoned "A" residential. Councilman Zielinski made a motion, seconded by Councilman Craven, that the Ordinance go to the Council as favorable. Motion carried. nPnTNANOR AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE 4990 - CHAPTER 40 OF MUNICIPAL CODE (Formerly Zoning Ordinance 3702). AS AMENDED. (East side of York Road and North of Kern Road) (Portion of Kensington Farms) 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. Douglas Carpenter, a member of the Area Plan Commission staff, said that the Area Plan was asked to initiate this zoning by Mr. Andrew Place. He stated that this land includes a retention basin, that it is an extension of the Kensington Farms, and that the residential zoning "A" is proper for this land. Councilman Laven made a motion, seconded by Councilman Szymkowiak, that the Ordinance go to the Council as favorable. Motion carried. W30YA►� ii a ►i .ill AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA -1962 SECTION 40, AND THE ACCOMPANYING MAP THERETO, GENERALLY KNOWN AS THE SOUTH BEND ZONING ORDINANCE BY CHANGING THE CLASSIFICATION OF THE USE DISTRICT FOR A CERTAIN PARCEL OF LAND. (59800 Miami Rd., Corner of Miami and Wideners Lane) 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 Reinke made a motion, second- ed by Councilman Allen, recommending that the Council refer the Ordinance back to the Area Plan Commission for further study for final determination of the location of the By -Pass Highway. Motion carried. Mrs. Rita Jankowski (Stephen), 4831 Selkirk Drive, South Bend, Indiana, asked that she be notified when the above zoning ordinance is brought out for public hearing at the Area Plan Commission meeting. Mr. Carpenter took her adress and said she will be informed by mail. COMMITTEE OF THE WHOLE MEETING MAY 11, 1970 ORDINANCE AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA - 1962 SECTION 40 AS AMENDED AND GENERAL ORDINANCE NO. 4990 -68, AND,THE ACCOMPANYING MAP THERETO, GENERALLY KNOWN AS THE SOUTH BEND ZONING ORDINANCE BY CHANGING THE CLASSIFICATION OF THE USE DISTRICT FOR A CERTAIN PARCEL OF LAND. (Lincoln Way West and Chicago 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. Attorney William Voor, Jr, appeared representing the petitioner and the optionee. He said his clients desire the land to build a package liquor store and beauty shop. Mr. Earl Hartman, 1414 N. Sheridan,stated that his property is within twenty feet of the property in question. He read aloud a petition against the zoning of the property by approximately 83 signatures. Mr. Voor also submitted a petition bearing 53 signatures of residents in the area who favor the zoning. Mr. Hartman said there are already 11 bars and liquor stores within a one -mile radius. Mrs. Donald Riddle 1518 N. Sheridan said more traffic at the corner would jeopardize the lives of children crossing the street to attend elementary school. Mrs. Esther Frepan, 1415 North Chicago Street said she objected to a business being placed in this residential areacmd on this corner because of the traffic hazard it would create. She stated this type of business belonged in a shopping center district and this whole area is residential. Mrs. Endre Vadas, 1842 N. Brookfield St., owner of the land said it cost $750.00 to construct the sidewalk. Mr. Douglas Carpenter, a member of the Area Plan Commission, said the Commission recommended the Ordinance unfavorably to the Council because this is a settled residential area, therefore it should stay that way. He said studies show that commercial operations do not always belong on major arterials. Mrs. Robert Davis, 1410 N. Chicago St. said it is difficult for the residents on Chicago Street and other streets to pull out on to Lincoln Way because of the heavy traffic and there was a recent accident on the corner. Councilman Szymkowiak made a motion, seconded by Councilman Laven, that the Council portion of the public hearing be continued until May 25, 1970. Motion carried with a show of hands vote. 6 ayes (Councilmen Laven, Reinke, Craven, Grounds, Szymkwoiak and Palmer) 2 nays (Councilmen Allen and Zielinski) 1 absent (Councilman Wise) 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 Zielinski. Time: 10:00 p.m. Motion carried. Councilman Zielinski made a motion for a short recess, Councilman Palmer seconded the motion. Motion carried. Time: 10:00 p.m. ATTEST: APPROVED: 4s_�I