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Home My WebLink About07-13-70 Council Meeting Minutes1094 REGULAR MEETING JULY 13, 1970 I REGULAR MEETING - RECONVENED Be it remembered Council Chambers members present. presided. that the Common Council of the City of South Bend, Indiana, reconvened in the in the County -City Building on Monday, July 13, 1970 at 9:24 p.m. with seven The meeting was called to order by Council- President Robert O. Laven, who 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 ofthe June 22, 1970 meeting of the Council and found them correct. They therefore recommend that the same be approved. /s/ Robert 0. Laven Isl Janet S. Allen Isl Albert E. Palmer There being no objections, the report was accepted as read and placed on file. REPORT FROM CITY CONTROLLER The report of City Controller, James A. Bickel, for the month of May, 1970, was submitted to the Council, each Councilman having received a copy of the report prior to the meeting. There being no objections, the report was accepted and placed on file. Councilman Allen announced that Mr. Bickel had supplied the Council with a report of interest earned on investments for the month of May. She said the amount of interest earned was $10,206.55. PETITIONS Petition to amend Zoning Ordinance: We, the undersigned, do hereby respectfully make application and petition the Common Council of the City of South Bend to amend the Zoning Ordinance of the City of South Bend as hereinafter requested, and in support of this application, the following facts are shown:` 1. The property sought to be rezoned is located at: 1400 Bendix Drive, approximate address. 700 feet N. or Elwood 300 Feet S. of Keller West Side of Bendix Drive 2. The property is owned by: Louis Gruszynski and Pelagia R. Kaniewski. 3. A legal description of the property is as follows: Part of the Southeast Quarter (1/4) of the Southeast Quarter(1 /4) of Section 33, Township 38 North, Range 2 East described as follows: Beginning at a point 40 feet West and 325 feet South of the Northeast corner of said Quarter Quarter Section (which point is on the West line of Bendix Drive); thence South 100 feet; thence West 565 feet, more or less, to the East line of the recorded Replot of Lincoln Place 2nd Addition; thence North 100 feet to the Southwest corner of American Legion Post No. 50 property; (Deeded to it by Deed Record 724, page 624); thence East along the South line of said American Legion Post property 565 feet to the place of beginning, subject to an easement for public utilities, in, upon and over the West 5 feet of the above described real estate, in St. Joseph County, Indiana. 4. It is desired and requested that the foregoing property be rezoned: From "A" residential Use and "A" Height and Area District. To "B" Residential Use and "B" Height and Area District. 5. It is proposed that the property will be put to the following use and the "following buildings will be constructed: One building to be built on the property. Meeting room and facilities for the members of Robert Blum Lodge, #278 I.O.O.F. 6. Number of off street parking spaces to be provided: Parking area in rear of building for not less than 15 cars and more probably for an excess thereof (9' wide, 20' deep, with 24.1 drives.) Attention is called to the site plan with reference to parking. 7. Attached is a copy of: a. an existing plot plan showing the property and other surroundings properties; b. names and addresses of all the individuals, firms or corporations owning property within 300 feet of the property sought to be rezoned; c. site develop- ment plan. Signature of Petitioner 511 W. Colfax, South Bend, Indiana ROBERT BLUM LODGE #278 I.O.O.F. By: H. Theodore Noell /s/ 210 Lafayette Bldg. South Bend, Indiana 46601 Petition prepared by H. Theodore Noell Councilman Szymkowiak made a motion, seconded by Councilman Grounds that the petition be forwarded to the Area Plan for their recommendations to the Council. Motion carried. 7 ayes, 0 nays, 2 absent. J REGULAR MEETING JULY 13, 1970 PETITIONS Petition for Annexation of certain property to the City of South Bend, Indiana: TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: The undersigned hereby respectfully petition your Honorable Body to annex to and bring within the City of South Bend, Indiana, the following described property located in St. Joseph County, State of Indiana, which is contiguous to lands now within the City, to -wit: A part of the Southwest Quarter of the Southeast Quarter of Section 31, Township 38 North, Range 3 East of the second principal meridian, St. Joseph County, Indiana, more particularly described as follows: Commencing at a point on the North line of said Quarter - Quarter Section 450.0 feet East of the Northwest corner thereof; thence South 000 01' 38" West 659.36 feet to a point; thence North 890 54' 40" East, a distance of 165.56 feet to the point of beginning of this description; thence South 000 06' 02" East, a distance of 300.0 feet to a point; thence North 890 54' 40" East, a distance of 208.5 feet to a point; thence North 000 06' 02" West, a distance of 300.0 feet to a point; thence South 890 54' 40" West, a distance of 208.5 feet to the point of beginning; contain- ing 1.43 acres, more or less; subject to all legal highways or right of way. The undersigned constitute the owners in fee simple of one hundred percent (100 %) of said real estate and respectfully request that said real estate be annexed to the City of South Bend, Indiana. The undersigned contend that this annexation is in the best interests of the City of South Bend, Indiana, and is needed and can be used by the City of South Bend, Indiana, for its future development, and that this annexation is in the best interests of said real estate; that the area is urban in character, being an economic and social part of the City of South Bend; that the provisions of the proposed ordinance attached hereto annexing said real estate are fair and just; that the City is financially able to provide municipal services to the annexed area within the reasonably near future, although such services do not now exist in the annexed area; that the area sought to be annexed, being undeveloped, is needed for the development of the City in the reasonably near future; that the lines of the annexation are so drawn as to form a compact areaabutting said City on more than one -eight of the aggregate external boundaries of the area sought to be annexed; and that the requested annexation will broaden the tax base of said City and will do no harm to the surrounding area. The following documents accompany this petition: 1. An Ordinance annexing the above described real estate to the City of South Bend, Indiana. 2. A list of all property owners within 300 feet of the property sought to be annexed, which list is attached hereto, made a part hereof and marked for identification as Exhibit "A ". 3. A plot plan showing the location of the property sought to be annexed, which plot plan is attached hereto, made a part hereof and marked for identification as Exhibit "B ". WHEREFORE, the undersigned respectfully request that the Common Council refer this matter to the Area Plan Commission and that after hearings thereon the appropriate ordinance attached hereto as Exhibit "B" be enacted annexing the above described real estate to the City of South Bend, Indiana, and for all other proper relief in the premises. Dated this 29th day of June, 1970. Respectfully submitted, Francis 0. Smith and Ferne Edree Smith By: THORNBURG, McGILL, DEAHL, HARMAN, CARPY & MURRAY Attorneys for Petitioners /s/ Jack C. Dunfee, Jr. Councilman Zielinski moved, seconded by Councilman Grounds, that the petition be placed in the Annexation Committee and simultaneously forwarded to the Engineering Department for their study and recommendations, which recommendations are to be redirected to the Annexation Committee for a report to the Council. Motion carried. 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. Councilman Zielinski seconded the motion. Motion carried unanimously. 9 REGULAR MEETING JULY 13, 1970 ORDINANCES, THIRD READING ORDINANCE NO. 5203 -70 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. 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 7 ayes (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, and Zielinski) 0 nays, 2 absent (Councilmen Wise and Palmer) ORDINANCE NO. 5204 -70 AN ORDINANCE TO APPROPRIATE $5,452.95 FROM THE LOCAL ROAD AND STREET FUND TO THE ACCOUNT "SERVICES CONTRACTUAL ". 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 7 ayes (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, and Zielinski) 0 nays, 2 absent (Councilmen Wise and Palmer) ORDINANCE NO. 5205 -70 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. The Ordinance was given third reading. Councilman Zielinski made a motion for passage of the Ordinance. Councilman Szymkowiak seconded the motion. There being no discussion on the motion, the Ordinance was passed by a roll call vote of 7 ayes (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, and Zielinski) 0 nays, 2 absent (Councilmen Wise and Palmer) I ORDINANCE NO. 5206 -70 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 FIT- TINGS: II. MECHANICAL JOINT GATE VALVES, IN THE AMOUNT OF $131,786.52. The Ordinance was given third reading. Councilman Reinke made a motion for passage of the Ordinance. Councilman Szymkowiak seconded the motion. There being no discussion on the motion, the Ordinance was passed by a roll call vote of 7 ayes (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak and Zielinski) 0 nays, 2 absent (Councilmen Wise and Palmer) ORDINANCE NO. 5207 -70 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. The Ordinance was given third reading. Councilman Zielinski made a motion for passage of the Ordinance. Councilman Grounds seconded the motion. There being no discussion on the motion, the Ordinance was passed by a roll call vote of 7 ayes (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak and Zielinski) 0 nays, 2 absent (Councilmen Wise and Palmer) ORDINANCE NO. 5208 -70 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. The Ordinance was given third reading. Councilman Grounds made a motion for passage of the Ordinance. Councilman Szymkowiak seconded the motion. There being no discussion on the motion, the Ordinance was passed by a roll call vote of 7 ayes (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak and Zielinski) 0 nays, 2 absent (Councilmen Wise.and Palmer) REGULAR MEETING JULY 13, 1970 ORDINANCES, THIRD READING (font -d.) ORDINANCE NO. 5209 -70 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 St. between Ireland Rd. and the By -Pass) 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 5 ayes, (Councilmen Allen, Reinke, Craven, Szymkowiak and Zielinski) 2 nays (Councilmen Grounds and Laven) 2 absent (Councilmen Wise and Palmer). ORDINANCE NO. 5210 -70 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.) ? �)H The Ordinance was given third reading. Councilman Zielinski made a motion for passage of the Ordinance. Councilman Szymkowiak seconded the motion. There being no discussion on the motion, the Ordinance was passed by a roll call vote of 7 ayes (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak and Zielinski) 0 nays, 2 absent (Councilmen Wise and Palmer). ORDINANCE NO. 521.1 -70 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 CLASSI- FICATION OF THE USE DISTRICT FOR A CERTAIN PARCEL OF LAND. (Commonly known as Ireland Rd., Main St., Callander St. Zoning - West of Michigan St. between Ireland Road and the By -Pass) The Ordinance was given third reading. Councilman Grounds made a motion for passage of the Ordinance. Councilman Szymkowiak seconded the motion. There being no discussion on the motion, the Ordinance was passed by a roll call vote of 7 ayes (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak and Zielinski) 0 nays, 2 absent (Councilmen Wise and Palmer) ORDINANCE NO. 5212 -70 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 p THE CLASSIFICATION OF THE USE DISTRICT FOR A Gam, CERTAIN PARCEL OF LAND. %l/'J" J'R. za- 37 aC The Ordinance was given third reading. Councilman Zielinki 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 7 ayes (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak and Zielinski) 0 nays, 2 absent (Councilmen Wise and Palmer) ORDINANCES, FIRST AND SECOND READING ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WATER WORKS OF THE CITY OF SOUTH BEND, INDIANA AND ROMY HAMMES, INC., OF SOUTH BEND, INDIANA FOR THE PURCHASE OF ONE (1) 1970 1/2 FALCON TUDOR SEDAN IN THE AMOUNT OF $1,891.50 The Ordinance was given first reading by title and second reading in full. Councilman Grounds made a motion the Ordinance be set for public hearing on July 27, 1970. Councilman Szymkowiak seconded the motion. Motion carried. 7 ayes, 0 nays, 2 absent. 19 REGULAR MEETING JULY 13, 1970 ORDINANCES, FIRST AND SECOND READING (Cont'd.) ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WATER WORKS OF THE CITY OF SOUTH BEND INDIANA AND NORTHERN ELECTRIC COMPANY, SOUTH BEND, INDIANA FOR THE REBUILDING OF ELECTRIC - Ph EQUIPMENT IN THE AMOUNT OF $20,777.00. The Ordinance was given first reading by title and second reading in full. Councilman craven made a motion the Ordinance be set for public hearing on July 27, 1970. Councilman Allen seconded the motion. Motion carried. 7 ayes, 0 nays, 2 absent. (ORDINANCE AN ORDINANCE AUTHORIZING THE SALE OF LANDS BELONGING TO THE CITY OF SOUTH BEND FOR THE USE AND BENEFIT OF ITS PARK DEPARTMENT. The Ordinance was given first reading by title and second reading in full. Councilman Szymkowiak made a motion the ordinance be set for public hearing on July 27, 1970. Councilman Craven seconded the motion. Motion carried. 7 ayes, 0 nays, 2 absent. ORDINANCE AN ORDINANCE FOR ADDITIONAL APPROPRIATION FROM THE GENERAL FUND IN THE AMOUNT OF $8,000.00 TO ACCOUNT C -725, "OFFICE EQUIPMENT ", IN THE BUDGET OF THE CITY CLERK'S DEPARTMENT AND ALL BEING WITHIN THE GENERAL FUND. The Ordinance was given first reading by title and second reading in full. Councilman Allen made a motion the ordinance be set for public hearing on July 27, 1970. Councilman Reinke seconded the motion. Motion carried. 7 ayes, 0 nays, 2 absent. it ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION FROM THE GENERAL FUND IN THE AMOUNT OF $640.00 TO ACCOUNT NO. C -12 "TEMPORARY HELP" IN THE OFFICE OF THE CITY CLERK. The Ordinance was given first reading by title and second reading in full. Councilman Allen made a motion the ordinance be set for public hearing on July 27, 1970. Councilman Zielinski seconded the motion. Motion carried. 7 ayes, 0 nays, 2 absent. 11 ORDINANCE The Ordinance was made a motion the 8:00 p.m. in the Motion carried. II ORDINANCE AN ORDINANCE FIXING THE ANNUAL PAY OF POLICEMEN FOR THE CALENDAR YEAR 1971. given first reading by title and second reading in full. Councilman Craven Ordinance be set for public hearing on July 20, 1970 at a Special Meeting, Council Chambers, County City Bldg. Councilman Grounds seconded the motion. 7 ayes, 0 nays, 2 absent. AN ORDINANCE FIXING THE ANNUAL PAY OF FIREMEN FOR THE CALENDAR YEAR 1971. The Ordinance was given first reading by title and second reading in full. made a motion the Ordinance be set for public hearing on July 20, 1970 at a 8:00 p.m. in the Council Chambers, County City Bldg. Councilman Zielinski Motion carried. 7 ayes, 0 nays, 2 absent. II 0PnTNANrR Councilman Craven Special Meeting, seconded the motion. AN ORDINANCE FIXING MAXIMUM SALARIES OF APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 1971. The Ordinance was given first reading by title and second reading in full. Councilman Craven made a motion the Ordinance be set for public hearing on July 20, 1970 at a Special Meeting, 8:00 p.m. in the Council Chambers, County City Bldg. Councilman Zielinski seconded the motion Motion carried. 7 ayes, 0 nays, 2 absent. Council President Laven directed the Clerk to prepare a Special Notice and natify all Councilmen of the Special Meeting to be held on the above three ordinances (Agenda items #32, 33,.and 34). 11199 REGULAR MEETING JULY 13, 1970 NEW BUSINESS Councilman Allen suggested a crack -down on the noise in the city caused by trucks and passenger car mufflers. Council- President Laven directed the Clerk to send a letter to the Board of Public Works and Safety asking them to see what can be done about the noise in the City. Councilman Allen suggested a copy of the letter be sent to the Legal Department also. There being no further business to come before the Council, Council- President Laven entertained a motion to adjourn. Councilman Zielinski, so moved, seconded by Councilman Allen. Motion carried. Time: 10:00 p.m. ATTEST: APPROVED: PRESI