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HomeMy WebLinkAbout07-13-70 Council Committee of the Whole Meeting MinutesREGULAR MEETING JULY 13, 1970 REGULAR MEETING JULY 13, 1970 .13 91 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, July 13, 1970 at 8:05 p.m., The meeting was called to order by Council President, Robert O. Laven. The invocation was given by Reverend Kenneth Foulke, All Saints United Methodist Church, 2308 South High Street, South Bend, Indiana. ROLL CALL PRESENT: Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, and Zielinski. ABSENT: Councilmen Wise and Palmer 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, seconded by Councilman Zielinski. Motion carried. Time: 8:07 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, July 13, 1970, at 8:08 p.m. The meeting was called to order by Chairman William W. Grounds, who presided. ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $3,000 FROM ACCOUNT P -11, "SERVICES PERSONAL ", TO ACCOUNT P -262, "MEDICAL, SURGICAL AND DENTAL ", IN THE POLICE DEPARTMENT BUDGET, 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. Capt. Harold McMichael, of the Police Department, spoke on behalf of the ordinance. He explained the additional funds were to pay for medical expenses resulting from the injuries of Patrolman David Wagnerowski when the squad car he was driving was struck broadside at Sample and Main Streets by a motorist who did not have insurance to reimburse the City. Councilman Szymkowiak made a motion, seconded by Councilman Craven, that the Ordinance go to the Council as favorable. Motion carried. 7 ayes, 0 nays,2 absen ORDINANCE AN ORDINANCE TO APPROPRIATE $5,452.95 FROM THE LOCAL ROAD AND STREET FUND TO THE ACCOUNT "SERVICES CONTRACTUAL ". 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 this was a transfer of money received from the Road and Street Fund being transferred into the Services contractual fund so the contractors can be paid. He said this amount will also take care of repairing the pavement. Mr. Taylor said this was for the improvement of the Chippewa Avenue and Main Street intersection, and that the Council had appropriated $16,200.00 to pay for drainage improvements in the vicinity. Councilman Zielinski made a motion, seconded by Council- man Szymkowiak, that the Ordinance go to the Council as favorable. Motion carried. 7 ayes, 0 nays, 2 absent. ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION TO ACCOUNT Z -12, "SALARIES AND WAGES, TEMPORARY ", IN THE AMOUNT OF $2,600.00 AND THE TRANSFER OF SAID SUM FROM ACCOUNT Z -531, "PENSIONS TO RETIRED POLICEMEN ", ALL BEING WITHIN THE POLICE PENSION 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 Attorney, Robert Parker explained that this amount is for attorney's fees in a case that was filed under the former administration. He said the police have the right to select their own attorney, therefore the present City Attorney could not do the job. He said the case is not closed and a new suit will be filed by the plaintiff to update the finding of the Court, therefore, it will now be handled by the present City Attorney staff. This was a civil suit filed by retired policemen. The suit was lost by the City on appeal to the Indiana Appellate Court and the City is required to pay retired policemen additional pensions based on a higher base pay. Mr. Parker said there is $127,000 in the 1970 budget to make such payments. Councilman Craven made a motion, seconded by Councilman Zielinski, that the Ordinance go to the Council as favorable. Motion carried. 7 ayes, 0 nays, 2 absent. 6 COMMITTEE OF THE WHOLE MEETING COMMITTEE OF THE WHOLE MEETING ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WATER WORKS OF THE CITY OF SOUTH BEND, INDIANA AND CLOW CORPORATION, BENSENVILLE, ILLINOIS, FOR THE PURCHASE OF: I. CAST IRON OR DUCTILE PIPE AND FITTINGS: II. MECHANICAL JOINT GATE VALVES, IN THE AMOUNT OF $131,786.52. JULY 13, 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. Utilities Director John L. Hunter submitted to the Councilmen a tabulation sheet showing all truck and rail bids submitted for the contract one -year basis. However, he explained, since the City no longer has a side track, contracts were awarded on the truck basis and the material will be delivered directly to the sites. Councilman Reinke made a motion, seconded by Councilman Szymkowiak, that the Ordinance go to the Council as favorable. Motion carried. 7 ayes, 0 nays, 2 absent. ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WATER WORKS OF THE CITY OF SOUTH BEND, INDIANA, AND HENRY PRATT COMPANY, AURORA, ILLINOIS, FOR THE PURCHASE OF BUTTERFLY VALVES, IN THE TOTAL AMOUNT OF $10,738.00. This being the time heretofore set for public hearing on the above Ordinance, proponents and opponents were given an opportunity to be heard thereon. Utilities Director John L. Hunter, submitted to the Councilmen a tabulation sheet showing all truck and rail bids submitted for the contract one -year basis. However, he explained, since the City no longer has a side track, contracts were awarded on the truck basis and the material will be delivered directly to the sites. Councilman Zielinski made a motion, seconded by Councilman Reinke, that the Ordinance go to the Council as favorable. Motion carried. 7 ayes, 0 nays, 2 absent. ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WATER WORKS OF THE CITY OF SOUTH BEND, INDIANA, AND MUELLER COMPANY, CHATTANOOGA, TENNESSEE, FOR THE PURCHASE OF MECHANICAL JOINT GATE VALVES IN THE TOTAL AMOUNT OF $5,350.85. This being the time heretofore set for public hearing on the above Ordinance, proponents and opponents were given an opportunity to be heard thereon. Utilities Director John L. Hunter, submitted to the Councilmen a tabulation sheet showing all truck and rail bids submitted for the contract one -year basis. However, he explained, since the City no longer has a side track, contracts were awarded on the truck basis and the material will be delivered directly to the sites. Councilman Zielinski made a motion, seconded by Councilman Craven, that the Ordinance go to the Council as favorable. Motion carried. 7 ayes, 0 nays, 2 absent. 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. (Commonly known as American National Bank - West of Michigan Street between Ireland Road and the By -Pass) 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. John K. Wilson, professional planner representing the American National Bank, objected to the restrictive C -1 zoning and asked that the property be zoned C- commercial. He stated that the bank owns other land adjacent to the property on the west and it is possible that the bank may have:to abandon the site for bank use in the future. Mr. Douglas Carpenter, Senior Planner for the Area Plan Commission, said the only reason the property is recommended at C -1 Commercial is to permit the control over the site through the site plan ordinance. Mr. Wilson commented that the land may have to be sold if the bank will not continue to exist at this site because of the C -1 Commercial zoning. Councilmen Craven and Szymkowiak said they would not like to see a gasoline station on the corner, therefore, agreed with the Area Plan recommendation. Councilman Laven said it seemed a little strange to place the restrictive C -1 zoning on the area. Councilman Szymkowiak made a motion, seconded by Councilman Allen, that the Ordinance go to the Council as favorable. Motion carried. 5 ayes, 2 nays, 2 absent. COMMITTEE OF.THE WHOLE MEETING JULY 13, 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. (Commonly known as Landfill and area West - West of Michigan Street between Ireland Road and the Bypass.) 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, Senior Planner, Area Plan Commission, explained that this parcel of land was recently annexed and this zoning petition was initiated by the Area Plan Commision. He said that such annexed areas lose their county zoning when annexed by the City and must be rezoned by the Council. He stated that within this area are located several truck terminals and the County sanitary landfill. To permit the continuation of these uses, the Heavy Industrial classification in the city zoning ordinance is necessary. Deputy Councilmen Grounds and Allen asked City Engineer Lloyd Taylor and /City Attorney Robert Parker whether the landfill, now that it is inside the city limits through annexation, has to be operated to city standards. They agreed that the City has an ordinance that controls the operation of city landfills and it is the responsibility of the St. Joseph County Health Department to enforce it. Councilman Laven asked the Clerk to forward a copy of the City ordinance on Landfills to the St. Joseph County Commissioners, who operate the landfill. Councilman Laven made a motion, seconded by Councilman Zielinski that the ordinance go to the Council as favorable. Motion carried. 7 ayes, 0 nays, 2 absent. 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 (Commonly known as Ireland Rd., Main St., Callander St. Zoning - West of Michigan Street between Ireland Road and the By -Pass) This being the time heretofore set for public hearing on the abo opponents were given an opportunity to be heard thereon. Mr. Dou Area Plan Commission, said this area is used for residential pur maintained, therefore, in order to permit the people to live and mended it as "A" Residential and "A" Height and Area District. the Pleasant view Manor Subdivision, was recently annexed by the motion, seconded by Councilman Craven, that the ordinance go to carried. 7 ayes, 0 nays, 2 absent. ORDINANCE ve Ordinance, proponents and glas Carpenter, Senior Planner, poses and the homes are well - expand, the Area staff recom- He stated this land, known as City. Councilman Laven made a the Council as favorable. Motion 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. (Commonly known as Royal Knight Inn and Dairy Queen - West of Michigan Street between Ireland Road and the By -Pass) 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, Senior Planner, Area Plan Commission, stated that this parcel of land is recommended as "C" Commercial zoning. He said the proposed ordinance and site development plan was initiated by the Area Plan Commission to zone the recently annexed land. Councilman Zielinski made a motion, seconded by Councilman Craven, that the Ordinance go to the Council as favorable. Motion carried. 7 ayes, 0 nays, 2 absent. There being no further business to be considered Grounds entertained a motion to rise and report t Zielinski so moved, seconded by Councilman Allen. ATTEST: AP before the Committee of the Whole, Chairman o the Council and a short recess. Councilman Motion carried. Time: 9:15 p.m. CHAI