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HomeMy WebLinkAbout05-11-70 Council Meeting MinutesREGULAR MEETING - RECONVENED 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 Monday, May 11, 1970 at 10 :10 p.m., with eight 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 April 28, 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 Isl Albert E. Palmer There being no objections, the report was accepted as read and placed on file. CITIZENS REQUESTS - MISCELLANEOUS MATTERS Mrs. Lee Swan, 2022 Swygert Street, said the Council should note that peace marches by college students in the City were peaceful and deserve the praise of the community. She said they should be congratulated fcr the way they carried out the march objecting to the war. Council President Laven welcomed a group of Notre Dame Students from Prof. Paul Bartholomew's Municipal Law Class who were attending the Council meeting. f 926 REGULAR MEETING MAY 11, 1970 REPORTS FROM AREA PLAN COMMISSION April 30, 1970 The Honorable Common Council City of South Bend South Bend, Indiana Re: Approximately 855.8 acres north of Douglas Road, west of Maple Road and South of the Northern Indiana Toll Road. Gentlemen: The attached rezoning petition originated by the Area Plan Commission was legally advertised on date of April 11 and April 18, 1910 and was given public hearing on April 21, 1970: A motion was made, seconded and unanimously passed that the ordinance be amended to read "Heavy Industrial" Use and "A" Height and Area District. A motion was made, seconded and carried that the ordinance be recommend- ed favorably to the Common Council as "Heavy Industrial ". The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the excerpts of the minutes attached hereto and made a part of this report. 11 very truly yours, IIHoward Bellinger /s/ Executive Director HB:SS Attach. There being no objections, the report was accepted and placed on file. REPORT FROM AREA PLAN COMMISSION April 30, 1970 The Honorable Common Council City of South Bend South Bend.,, Indiana Re: Approximately 2.48 acres fronting on the north side of Filmore Road (Linden Avenue) approximately 700 feet east of Mayflower Road. Gentlemen: The attached rezoning petition originated by the Area Plan Commission was legally advertised on date of April 11 and April 18, 1970 and was given public hearing on April 21, 1970. The follow- ing action was taken on April 21, 1970. After due consideration, a motion was made, seconded and unanimously passed that the ordinance be recommended favorably to the Common Council. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the excerpts of the minutes attached hereto and made a part of this report. very truly yours, /s/ Howerd Bellinger Executive Director HB:ss Attach. There being no objections, the report was accepted and placed on file. REPORT FROM AREA PLAN COMMISSION April 29, 1970 The Honorable Common Council City of South Bend South Bend, Indiana Re: Approximately 6.25 acres fronting on the east side of Miami, 650 feet north of Jackson Road, commonly known as the Goss property. Gentlemen: The attached rezoning petition originated by the Area Plan Commission was legally advertised on date of April 11 and April 18, 1970 and was given public hearing on April 21, 1970. The following action was taken on April 21, 1970: cy REGULAR MEETING MAY 11, 1970 REPORT FROM AREA PLAN COMMISSION (Cont'd.) Goss Property After due consideration, a motion was made seconded and unanimously passed that the ordinance be recommended favorably to the Common Council. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the excerpts of the minutes attached hereto and made a part of this report. Very truly yours, /s/ Howard Bellinger Executive Director HB :ss Attach. There being no objections, the report was accepted and placed on file. REPORT FROM AREA PLAN COMMISSION April 28, 1970 The Honorable Common Council City of South Bend South Bend, Indiana Re: Approximately 90 acres located between Mayflower Road, the Penn Central Railroad Tracks and Linden Road. Gentlemen: The attached rezoning petition originated by the Area Plan Commission was legally advertised on date of April 11 and April 18, 1970 and was given public hearing on April 21, 1970. The following action was taken on April 21, 1970. After due consideration, a motion was made, seconded and unanimously passed that the ordinance be recommended favorably to the Common Council. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the excerpts of the minutes attached hereto and made a part of this report. Very truly yours, /s/ Howard Bellinger Executive Director HB:ss Attach. There being no objections, the report was accepted and placed on file. REPORT FROM AREA PLAN COMMISSION The Honorable Common Council City of South Bend South Bend, Indiana Re: Northeast corner of Cleveland and Lilac Gentlemen: The attached rezoning petition originated by the Area Plan Commission was legally advertised on date of April 11 and April 18, 1970 and was given public hearing on April 21, 1970. The follow- ing action was taken on April 21, 1970: After due consideration, a motion was made, seconded and unanimously passed that the ordinance be recom- mended favorably to the Common Council. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the excerpts of the minutes attached hereto and made a part of this report. Very truly yours, /s/ Howard Bellinger Executive Director HB:ss Attach; There being no objections, the report was accepted and placed on file. 6 REGULAR MEETING MAY 11, 1970 IIREPORT FROM AREA PLAN COMMISSION Il April 28, 1970 The Honorable Common Council City of South Bend South Bend, Indiana Re: Southwest Corner of High and Donmoyer II Gentlemen: The attached rezoning petition of Ester Fites, et al, was legally advertised under date of April 11 and April 18, 1970 and was given public hearing on April 21, 1970. The following action was taken on April 21, 1970: After due consideration, it was moved, seconded and carried that the ordinance and site development plan be recommended unfavorably to the Common Council. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the excerpts of the minutes attached hereto and made a part of this report. Very truly yours, /s/ Howard Bellinger Executive Director HB:ss There being no objections, the report was accepted and placed on file. 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, seconded by Councilman Zielinski. Motion carried unanimously. ORDINANCES, THIRD READING ORDINANCE NO. 5178 -70 AN ORDINANCE APPROPRIATING $70,000 FROM THE SEWAGE DISPOSAL FUND FOR THE CONSTRUCTION OF SEWERS. The Ordinance was given third reading. Councilman Zielinski made a motion for passage of the Ordinance. Councilman Craven seconded the motion. There being".no. discussion on the motion, -the Ordinance was passed by a roll call vote of 8 ayes (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak Palmer and Zielinski) 0 nays, 1 absent (Councilman Wise) ORDINANCE NO. 5179 -70 AN ORDINANCE APPROPRIATING LOCAL ROAD AND STREET FUNDS IN THE SUM OF $67,660 AND $22,553 FROM THE CUMULATIVE CAPITAL IMPROVE- MENT FUND FOR THE FISCAL YEAR ENDING DECEM- BER 31, 1970. The Ordinance was given third reading. Councilman Grounds made a motion for passage of the Ordinance. Councilman Palmer seconded the motion. In a discussion on the motion, Councilman Allen recommended that, in the future, Local Road and Street Funds not be used for Sewer Repairs, and that payment for sewer work be taken out of the Sewer Fund. Councilman Craven seconded her recommendation. There being no further discussion on the motion, the Ordinance was passed by a roll call vote of 8 ayes, (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Palmer and Zielinski) 0 nays, 1 absent (Councilman Wise). (ORDINANCE NO. 5180 -70 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) The Ordinance was given third reading. Councilman Reinke made a motion for - passage of the Ordinance. Councilman Craven seconded the motion. There being no discussion on the motion, the Ordinance was passed by a roll call vote of 8 ayes (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Palmer and Zielinski) 0 nays, 1 absent (Councilman Wise). REGULAR MEETING MAY 11, 1970 ORDINANCES THIRD READING ORDINANCE NO. 5181 -70 AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE 4990 - CHAPTER 40 OF MUNICIPAL CODE (Formerly Zoning Ordinance 3702). AS AMENDED. (1/4 mi. So. of Jackson Rd. Near York Road) The Ordinance was given third reading. Councilman Grounds made a motion for passage of the Ordinance. Councilman Zielinski seconded the motion. There being no discussion on the motion, the Ordinance was passed by a roll call vote of 8 ayes (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Palmer and Zielinski) 0 nays, 1 absent (Councilman Wise). ORDINANCE NO. 5182 -70 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) The Ordinance was given third reading. Councilman Allen made a motion for passage of the Ordinance. Councilman Palmer seconded the motion. There being no discussion on the motion, the Ordinance was passed by a roll call vote of 8 ayes (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Palmer and Zielinski) 0 nays, 1 absent (Councilman Wise). ORDINANCE NO. 5183 -70 AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE 4990 - CHAPTER 40 OF MUNICIPAL CODE (Formerly Zoning Ordinance 3702) AS AMENDED. (East Side of Ironwood, Topsfield Addition) The Ordinance was given third reading. Councilman Grounds made a motion for passage of the Ordinance. Councilman Zielinski seconded the motion. There being no discussion on the motion, the Ordinance was passed by a roll call vote of 8 ayes (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Palmer and Zielinski) 0 nays, 1 absent (Councilman Wise). ORDINANCE NO. 5184 -70 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). The Ordinance was given third reading. Councilman Allen made a motion for passage of the Ordinance. Councilman Zielinski seconded the motion. There being no discussion on the motion, the Ordinance was passed by a roll call vote of 8 ayes (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Palmer and Zielinski) 0 nays, 1 absent (Councilman Wise). ORDINANCE REFERRED 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. (59800 Miami Rd., Corner of Miami and Wideners Lane) The Ordinance was referred'to the Area Plan Commission. See page 358. ORDINANCE CONTINUED 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) The Council portion of the Public Hearing was continued until May 25, 1970. See page 359. F IC REGULAR MEETING MAY 11, 1970 11ORDINANCES, FIRST AND SECOND READING IIORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE 4990 - CHAPTER 40 OF MUNICIPAL CODE (Formerly Zoning Ordinance 3702), AS AMENDED. (North of Douglas Road, West of Maple Road, South of the Northern Indiana Toll Road) The Ordinance was given first reading by made a motion that the Ordinance be set seconded the motion. Motion carried. 8 Szymkowiak, Palmer and Zielinski) 0 nays. IIORDINANCE title and second reading in full. Councilman Grounds for Public Hearing on May 25, 1970. Councilman Palmer ayes (Councilmen Laven, Allen, Craven, Reinke, Grounds, 1 absent (Councilman Wise) AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE 4990 - CHAPTER 40 OF MUNICIPAL CODE (Formerly Zoning Ordinance 3702), AS AMENDED. (North side of Fillmor_e Road (Linden Ave.), 700 ft. E. of Mayflower Road.) The Ordinance was _given first reading by title and second reading in full. Councilman Zielinski made a motion that the Ordinance be set for Public Hearing on May 25, 1970. Councilman Grounds seconded the motion. Motion carried. 8 ayes (Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Palmer and Zielinski) 0 nays, 1 absent (Councilman Wise). ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE 4990 - CHAPTER 40 OF MUNICIPAL CODE (Formerly Zoning Ordinance 3702), AS AMENDED. (East side of Miami, North of Jackson Rd., Goss Property) The Ordinance was given first reading by title and second reading in full. Councilman Reinke made a motion that the Ordinance be set for Public Hearing on May 25, 1970. Councilman Palmer seconded the motion. Motion carried. 8 ayes (Councilmen Laven, Allen, 'Craven, Reinke, Grounds, Szymkowiak, Palmer and Zielinski) 0 nays, 1 absent (Councilman Wise). II ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE 4990 - CHAPTER 40 OF MUNICIPAL CODE (Formerly Zoning Ordinance 3702), AS AMENDED. (Between May- flower Road, Penn Central Railroad Tracks and Linden Road.) The Ordinance was given first reading by title and second reading in full. Councilman Reinke made a motion that the Ordinance be set for Public Hearing on May 25, 1970. Councilman Craven seconded the motion. Motion carried. 7 ayes (Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Palmer) 1 nay,(Councilman Zielinski) 1 absent,(Councilman Wise). ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE 4990 - CHAPTER 40 OF MUNICIPAL CODE (Formerly Zoning Ordinance 3702). AS AMENDED. (Intersection of Cleveland Road and Lilac Road). The Ordinance was given first reading by title and second reading in full. Councilman Grounds (made a motion that the Ordinance be set for Public Hearing on May 25, 1970. Councilman Zielinski 'seconded the motion. Motion carried. 8 ayes (Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Palmer and Zielinski) 0 nays, 1 absent (Councilman Wise) ._in AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE 4990 - CHAPTER 40 OF MUNICIPAL CODE (Formerly Zoning Ordinance 3702) AS AMENDED. (Southwest Corner of High and Donmoyer Streets) The Ordinance was given first reading by title and second reading in full. Councilman Grounds made a motion that the Ordinance be set for Public Hearing on May 25, 1970. Councilman Zielinski seconded the motion. Motion carried. 7 ayes (Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, and Zielinski) 1 nay (Councilman Palmer), 1 absent (Councilman Wise). MEETING MAY 11, 1970 ORDINANCES, FIRST AND SECOND READING (Contd.) ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION FROM THE REDEVELOPMENT FUND IN THE SUM OF $2,200.00 TO ACCOUNT NO. 722, "MOTOR EQUIPMENT" IN THE DEPARTMENT OF REDEVELOPMENT The Ordinance was given first reading by title and second reading in full. Councilman Zielinski_ made a motion that the Ordinance be set for Public Hearing on May 25, 1970. Councilman Reinke seconded the motion. Motion carried. 8 ayes (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Palmer and Zielinski) 0 nays, 1 absent (Councilman Wise). ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION TO ACCOUNT M -323, "TIRES AND TUBES" IN THE BUILDING DEPARTMENT IN THE AMOUNT OF $150.00 AND THE TRANS- FER OF SAID SUM FROM ACCOUNT M -252, "REPAIRS OF EQUIPMENT ", IN THE BUILDING DEPARTMENT, ALL BEING WITHIN THE GENERAL FUND. �3f The Ordinance was given first reading by title and second reading in full. Councilman Grounds made a motion that the Ordinance be set for Public Hearing on May 25, 1970. Councilman Zielinski seconded the motion. Motion carried. 8 ayes (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Palmer and Zielinski) 0 nays, 1 absent (Councilman Wise). ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION TO ACCOUNT H -265, "OTHER CONTRACTUAL SERVICES" IN THE BOARD OF PUBLIC WORKS AND SAFETY IN THE AMOUNT OF $1,200.00 AND THE TRANSFER OF SAID SUM FROM ACCOUNT H -12, "TEMPORARY HELP ", ALL BEING WITHIN THE GENERAL FUND. The Ordinance was given first reading by title and second reading in full. Councilman Palmer made a motion that the Ordinance be set for Public Hearing on May 25, 1970. Councilman Craven seconded the motion. Motion carried. 8 ayes (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Palmer and Zielinski) 0 nays, 1 absent (Councilman Wise). ORDTNAMOR AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION TO ACCOUNT XX -12, "TEMPORARY HELP ", IN THE SUM OF $7,500.00 AND TO ACCOUNT XX- 722, "MOTOR EQUIPMENT" IN THE SUM OF $1,500.00 AND THE TRANSFER OF SAID SUMS FROM ACCOUNT XX -52, "RENTS ", ALL ACCOUNTS IN THE SANITATION DEPARTMENT AND ALL ACCOUNTS BEING WITHIN THE GENERAL FUND. The Ordinance was given first reading by title and second reading in full. Councilman Zielinski made a motion that the Ordinance be set for Public Hearing on May 25, 1970. Councilman Grounds seconded the motion. Motion carried. 8 ayes (Councilmen Laven, Alen, Reinke, Craven, Grounds, Szymkowiak, Palmer and Zielinski) 0 nays, 1 absent (Councilman Wise) RESOLUTIONS RESOLUTION NO. 238 -70 A RESOLUTION FOR AN ADDITIONAL APPROPRIATION IN ACCOUNT M -725, "OFFICE EQUIPMENT" OF THE BUILDING DEPARTMENT, IN THE AMOUNT OF $175.00 AND THE TRANSFER OF SAME FROM ACCOUNT M -722, "MOTOR EQUIPMENT ", ALL IN THE SAME CATEGORY AND WITHIN THE GENERAL FUND. WHEREAS, certain extraordinary conditions have developed since the adoption of the existing annual budget, so that it is now necessary to appropriate more money than was appropria- ted in the annual budget for the various functions of city government to meet such extraordinary contingencies, and WHEREAS, additional funds for the purchase of a replacement typewriter in the Building Department to assure that department's ability to properly perform its functions and the sum of $175.00 is needed forthwith, and WHEREAS, a surplus exists in another account where it is not presently needed; and more specifically as follows, to -wit; $175.00 in Account M -722 designated as Motor Equipment. c3 B REGULAR MEETING MAY 11, 1970 (RESOLUTION NO. 238 -70 (Cont'd.) NOW, THEREFORE, BE IT RESOLVED BY THE INDIANA, that the sum of $175.00 be transferred to Account M -725 designated as Office Equipment, "Properties" and being within the General Fund. COMMON COUNCIL OF THE CITY OF SOUTH BEND, from Account M -722 designated as Motor Equipment both of said accounts being in the same category /s/ Gerald C. Reinke Member of the Common Council A public hearing was held at this time on the above Resolution. Speaking for the adoption of the Resolution was City Controller James A. Bickel. He said the transfer of funds is for the emergency need of a typewriter in the Sub - Standard Building Division. The old typewriter is seven years old and inoperable. Councilman Reinke made a motion, seconded by Councilman Palmer that the Resolution be adopted. Motion carried. 8 ayes, (Councilmen Laven, Allen, Craven, Reinke, Grounds, Palmer, Szymkowiak,and Zielinski) 0 nays, 1 absent, (Councilman Wise). IIUNFINISHED BUSINESS Councilman Allen asked that the Council cooperate with act on the Resolution,which is now in Committee, which Councilman Laven recommended the resolution be brought Council meeting. the St. Joseph County Commissioners and would extablish a human resources center. out of Committee at the June '8, 1970 Councilman Craven asked City Attorney Crumpacker if he had found out if the State or City could outlaw the littering of disposable bottles. He replied it was doubtful that there was authoriza- tion in the statutes for it. He said the State would have to pass legislation enabling the cities to do this. Councilman Laven suggested Councilman Grounds, a member of the Legislative Committee, (Statewide) discuss the disposable bottle subject with the County Commissioners. There being no further business to come before the Council, Councilman Zielinski moved for adjournment. Councilman Grounds seconded the motion. Motion carried. Time: 10:55 p.m. IIATTEST: CITY CL APPROVED: v PRESIDENT