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HomeMy WebLinkAbout05-25-70 Council Committee of the Whole Meeting MinutesREGULAR MEETING MAY 25, 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 25, 1970 at 8:10 p.m., with all members present. The meeting was called to order by Council President Robert 0. Laven. The invocation was given by Reverend J. Robert Clark, Grace United Methodist Church, 3012 S. Twyckenham Drive, 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 Zielinski so moved and Councilman Craven seconded the motion. Motion carried. Time: 8:12 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 May, May 25, 1970, at 8:13 p.m., all members present. The meeting was called to order by Chairman William W. Grounds, who presided. f COMMITTEE OF THE WHOLE MEETING MAY 25, 1970 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 TRANSFER OF SAID SUM FROM ACCOUNT M- 252, "REPAIRS OF EQUIPMENT ", IN THE BUILDING DEPARTMENT, ALL BEING WITHIN THE GENERAL 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. Deputy City Controller, James Borror, explained the need for the appropriation. He said $150.00 was needed. to buy tires for the nine- teen cars of the Building Department which already have had six blow -outs. Councilman Szymkowiak made a motion, seconded by Councilman Zielinski 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. (West of Maple Road, North of Douglas Road, and South of the Northern Indiana Toll 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, member of the Area Plan Commission said it was their recommendation that the area be zoned to heavy indus- trial (the 855.8 acre recently- annexed tract west of Maple Road and extending north from Douglas Road to the Toll Road Councilman Szymkowiak made a motion, seconded by Councilman Craven, that the Ordinance go to the Council as favorable. Motion carried. nRnTNAWrR AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE 4990 - CHAPTER 40 OF MUNICIPAL CODE (Formerly Zoning Ordinance 3702). AS AMENDED. (North side of Fillmore Road (Linden Avenue) approximately 700 ft. East of Mayflower 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, member of the Area Plan Commission said it was recommended that the tract, recently annexed, be zoned to single - family residential. Mr. Richard Trowbridge, 912 Gladstone Ave, South Bend, said that this zoning will lead the way to more low - income public housing in this area where 108 units of low income housing, public and private, already are scheduled. City Engineer Lloyd Taylor said the tract of land is owned by the Veterans of Foreign Wars. Councilman Reinke 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 OR MUNICIPAL CODE (Formerly Zoning Ordinance 3702). AS AMENDED. (East side of Miami, 650 ft. North of Jackson Rd, commonly known as the Goss Property) 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, member of the Area Plan Commission said they recommended this tract of land be zoned single- family residential. This is a 6.25 acre tract recently annexed to the city. Councilman Palmer made a motion, second- ed by Councilman Craven, 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. ( located between Mayflower Rd, the Penn Central Railroad Tracks, and Linden 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, member of the Area Plan Commission said much of this land is muck land and that the basic amount of the area is residential. He said it is not suited for industrial zoning. Mr. Richard Trowbridge, 912 Gladstone Avenue, South Bend said he was against placing more public housing in this area. Councilman Szymkowiak said the land should be used as a landfill. Councilman Allen asked how many people attended the public hearing of the Area Plan Commission on this zoning. Mr. Carpen- ter said all people in the area were notified of the hearing. Councilman Laven made a motion, seconded by Councilman Reinke, that the Ordinance go to the Council as favorable. Motion carried 5, 68 COMMITTEE -OF THE WHOLE MEETING 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. MAY 25, 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. Mr. Glen Barb, Assistant Director of Redevelopment, explained that the appropriation was for the purchase of a car for the department. City Controller James Bickel said this was a redraft of a similiar ordinance that the Council voted down. He said there is a surplus in Redevelopment funds for the year 1970. Councilman Reinke made a motion, seconded by Councilman Palmer that the Ordinance go to the Council as favorable. Motion carried.(The! previous ordinance was for an appropriation for a car rental) nPnTNANrR 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. 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 and Mr. Robert Aker, President of the Studebaker Drivers Club, Inc., Michiana Chapter, spoke in favor of the Ordinance. It is understood between the City administration and the Drivers Club that the Club is to keep the vehicles in a presentable condition for public display and that the City shall pay the Club $25.00 each month for this service. All requisitions for miscellaneous ex- penses are to be submitted to the City Engineer for approval. The cars are to be on display in the School City Administration Building in South Bend. Councilman Szymkowiak made a motion, seconded by Councilman Craven, that the Ordinance go to the Council as favorable. Motion carried. ORDINANCE AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS TO ACCOUNT XX -12, "TEMPORARY HELP" IN THE SUM OF $7,500.00: TO ACCOUNT XX -722, "MOTOR EQUIPMENT" IN THE SUM OF $800.00 AND TO ACCOUNT XX -37, "OTHER SUPPLIES" IN THE AMOUNT OF $700.00 AND THE TRANSFER OF SAID SUMS FROM ACCOUNT XX -52, "RENTS ", ALL ACCOUNTS IN THE SANITATION DEPART - MENT AND ALL ACCOUNTS BEING WITHIN THE GENERAL 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. City Engineer Lloyd Taylor explained the additional funds are needed by the Sanitation Department to meet expenses incidental to instituting a city -wide clean -up campaign. He said. a three man crew with a pick -up truck will do general clean up work in alleys, sidewalks and under and around viaducts. Also, some of the funds will go for the purchase of 500 trash containers. He said the crew will operate under the direction of Mr. Cecil McHenry. Those asking various questions of Mr. Taylor were: the Councilmen Laven, Palmer, Allen, and Szymkowiak; Miss Virginia Guthrie, Executive Secretary of the South Bend Civic Planning Association and Mr. Felix Stech, 1306 N. Kaley, South Bend, Indiana. Mr. Stech suggested the Boy Scounts conduct a project for picking up some of the litter around the city. Councilman Zielinski made a motion, seconded by Councilman Palmer, that the Ordinance be amended as follows: The title be amended to read "AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS TO ACCOUNT XX -12, "TEMPORARY HELP" IN THE SUM OF $7,500.00; TO ACCOUNT XX -722, "MOTOR EQUIPMENT" IN THE SUM OF :$800.00 AND TO ACCOUNT XX -37, "OTHER SUPPLIES" IN THE AMOUNT OF $700.00 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, AS AMENDED." Also, in Section I delete line "b" in its entirity and substitute: b. Account XX -37, "Other Supplies ", $700.00 Add......... C. Account XX- 722, "Motor Equipment, 800.00 Motion for the amendment carried. Councilman Palmer made a motion, seconded by Councilman Wise, that the Ordinance go to the Council favorable', as amended. Motion carried. COMMITTEE OF THE WHOLE MEETING MAY 25, 1970 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) 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, member of the Area Plan Commission, said they recommended single- family residential zoning for this tract of land where the Westminster Presbyterian Church congregation has a new church under construction. Councilman Zielinski inquired as to why construction was begun before the zoning was passed. City Attorney replied they were granted a partial permit for beginning construction. Councilman Wise made a motion, seconded by Councilman Palmer, 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. (South West Corner of High & Donmoyer Streets) 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 Laven moved, seconded by Councilman Reinke, that the Ordinance be referred back to the Council with final action being made by the Council to strike this ordinance from the agenda. Motion carried, Chairman Grounds instructed the Clerk to read the letter from the D.& L. Development Company as follows: May 25, 1970 Mr. Robert Laven President, Common Council City of South Bend County City Building South Bend, Indiana 46601 Dear Mr. Laven: With reference to our rezoning request for the property on the Southwest corner of High and Donmoyer Streets, please be advised that we are hereby requesting that this petition be withdrawn from consideration. After due consideration of the remonstrance encountered to date, the unfavorable recommendation of the Area Plan Commission and the obvious problems ahead, including possible litigation, it is felt we can best fulfill our obligation to the Housing Authority by pursuing the development of this property under its present zoning. We appreciate the consideration given to this matter by the Council and we are confident that the Council will continue in its effort to provide adequate housing for all the citizens of South Bend. Sincerely, D & L DEVELOPMENT COMPANY /s/ Nathan Downey President 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 St.) This being the time heretofore set for the Council portion of the public hearing, Councilman Allen read the following petition presented to her by the residents objecting to the zoning of the above tract: "We the undersigned, hereby petition against the rezoning of property located on the Northwest corner of Lincolnway W. and Chicago St. for the purpose of a package liquor store to be erected on this site. Objection to this rezoning is the fact that the Coquillard and St. Johns School and Church are located nearby and the corner of Sheridan Avenue and Lincolnway W. approxi- mately 75 feet west of the above site is a school crossing for these children going and coming from these schools. We the undersigned, also feel that eleven (11) establishments selling alcholic beverages within a one (1) mile radius is enough for any one neighborhood. This is worse than having gasoline stations on every corner. In fact, there are not that many such stations within that radius. The eleven establishments are: M.R. Falcon; Krogers; Mr. Moo; Pink Elephant; Russ's; Thrifty Mart; Brentwood Pharmacy; Moose Lodge; Beacon Bowl; Airport Sky Room; Ardmore Tavern and Taelman's Grocery. Also, American Legion Post 50 is supposedly building next to the M. R. Falcon Club which would make 12 such establishments." Councilman Zielinski also spoke against the zoning, and also said he understood the owner had made a statement that the land may be sold for low -rent housing if the zoning isn't granted. Councilman Szymkowiak spoke on behalf of the petitioners, Donald Konieczny and Sophie Konieczny. He said they will build an attractive building, keep it in good condition and run a family business of a liquor store on one side of the building and a beauty shop on the other side. Councilman Szymkowiak made a motion, seconded by Councilman Laven that the Ordinance go to the Council as favorable. Motion carried. 7 REGULAR MEETING MAY 25, 1970 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 Zielinski so moved, seconded by Councilman Wise. Time: 9:40 p.m. ATTEST: APPROVED: CHAIRMAN