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HomeMy WebLinkAbout07-27-70 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, July 27, 1970, at 9:51 p.m. The meeting was called to order by Council Vice - President Gerald C. Reinke, 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 July 13, 1970 meeting of the Council and found them correct. They therefore recommend that the same be approved. Isl Robert O. Laven 4s4 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 Miss Virginia Guthrie, Assistant Secretary, South Bend Civic Planning Assoc., passed out copies of the Civic Planning's annual Civic Cinema booklets to Councilmen and others. City Controller James A. Bickel announced that the Budget for'71 and tax levy ordinances will not be presented tonight for lst and 2nd reading. He announced that the Mayor was preparing a call for a Special Meeting of the Council on July 29, 1970, at 7:00 p.m. Mr. Bickel said tax levy figures have not been received from the County Auditor's office yet because of the delay in assessment information from the State Board of Commissioners, therefore, he cannot adequately compute the various tax levies until he has this information. REPORT FROM THE CONTROLLER City Controller James A. Bickel submitted the Controllers report for the Month of June, 1970, a copy of which was distributed to each Councilman before the meeting for study. The report was accepted by a motion made by Councilman Wise and seconded by Councilman Palmer. Motion carried. REPORT FROM AREA PLAN COMMISSION July 22, 1970 The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: The attached rezoning petition of Edmund P. Joyce as Agent for the University of Notre Dame du Lac to rezone was legally advertised under date of July 11 and July 18, 1970 and given public hearing on July 21, 1970. After due consideration, it was moved, seconded and unanimously carried 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 There being no objections, the report was accepted and placed on file. W REGULAR MEETING JULY 27, 1970 REPORT FROM AREA PLAN COMMISSION July 22, 1970 The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: Location: 2417 E. Edison Rd. (Post Office) The attached rezoning petition of Hoffman Brothers Auto Electric, Inc. was legally advertised under date of July 11 and July 18, 1970 and given public hearing on July 21, 1970. The following action was taken on July 21, 1970. After due consideration, it was moved, seconded and carried 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 There being no objections, the report was accepted and placed on file. REPORT FROM AREA PLAN COMMISSION July 22, 1970 The Honorable Common Council Location: South of Ireland Heights City of South Bend and North of Ireland Road. South Bend, Indiana Gentlemen: The attached rezoning petition of Al Nall & Associates, Inc. was legally advertised under date of July 11 and July 18, 1970 and given public hearing on July 21, 1970. The following action was taken on July 21, 1970. After due consideration, it was moved, seconded and carried that the ordinance 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 mede a part of this report. IlVery truly yours, I I /s/ Howerd Bellinger Executive Director IlThere being no objections, the report was accepted and placed on file. II REPORT FROM AREA PLAN COMMISSION 11 July 22, 1970 The Honorable Common Council City of South Bend South Bend, Indiana Il Gentlemen: Location: Corner Mayflower Rd. and Sample Street The attached .rezoning petition of Colpaert Realty Corporation was legally advertised under date of July 11 and July 18, 1970, and given public hearing on July 21, 1970. After due consideration, it was moved, seconded and carried that the ordinance be recommend- ed favorably to the Common Council. IIThe deliberations of decision are shown in IlVery truly yours, /s/ Howard Bellinger Executive Director the Area Plan Commission and points considered in arriving at the above the excerpts of the minutes attached hereto and made a part of this report. IIThere being no objections, the report was accepted and placed on file. 409 REGULAR MEETING JULY 27, 1970 (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 the south edge of Belleville shopping Center, north of Ford Street running from Summit Drive on,the west to Lombardy Drive on the east. 2. The property is owned by A. C. Colpaert and Colpaert Realty Corporation. 3. A legal description of the property is as follows: a tract of land located in the West of the Southwest 4- of Section 9, Township 37 North, Range 2East and the East i of the Southeast n of Section 8 Township 37 North, Range 2 East in the City of South Bend, Indiana more particularly described as follows: Beginning at a point on the West line of said Section; 9, 100 feet North of the North line of Ford Street, said point being on the present line between the "C" Commercial district zone and the "B" Residential district zone; thence West along said present zoning line, 950 feet more or less to the Easterly line of Summit Drive, thence Northerly along said Easterly line of Summit Drive 108 feet more or less to a line 90 feet North and parallel with said zoning line between "C" Commercial district and "B" Residential district; thence East along said line 90 feet North and parallel with the said present zoning line, 1560 feet more or less to the West line of Lombardy Drive, thence Southerly along said Westerly line of Lombardy Drive 101 feet more or less to said present zoning line between "C" Commercial district and "B" Residential district; thence West along said present zoning line 543 feet more or less to the place of beginning, con- taining 3.15 acres more or less. 4. It is desired and requested that the foregoing property be rezoned: From: "C" Commercial 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: This ninety (90) foot strip of land (North and South) together with property adjoining it to the South will be used for multiple - family dwelling purposed and twenty - three (23) bdldings of one -story design containing a total of one hundred (100) apartments (60% one bedroom and 40% two bedrooms) will be constructed. 6. Number of off - street parking spaces to be provided: 150 off - street parking spaces. 7. Attached is a copy of: (a) an existing plot plan showing the property and other surrounding 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 development plan. A. C. Colpaert Colpaert Realty Corporation By: Hubert L. Weaver /s/ Signature of Petitioner 5109 W. Western Avenue South Bend Indiana Petition prepared by G. Burt Ford, Attorney at Law 802 Odd Fellows Building South Bend, Indiana 46601 Telephone No.: 233 -1195 Councilman Grounds made a motion, seconded by Councilman Palmer, that the petition be forwarded to the Area Plan Commission for study. Motion carried. (PETITIONS (Petition to amend Zoning Ordinance I, the undersigned, do hereby respectfully make application and petition the Common Council of the City of South Bend to amend the Zoning Ordinance of E. N. Shenefield's Sub. as hereinafter requested, and in support of this application, the following facts are shown: 1. The property sought to be rezoned is located at: Bounded by Napoleon St. on the North; by Hill St. on the West; by St. Vincent St. on the South; and by St. Louis St. on the East. 2. The property is owned by -- See attached sheet. 3. A legal description of the property is as follows: E. N. Schenefield's Sub of Lot 143 of Sorin's Second Addition - -Lots numbers 1 through 20 inclusive. m REGULAR MEETING JULY 27, 1970 PETITIONS Contd. � 4. It is desired and requested that the foregoing property be rezoned: From: "A" Residential Use and 35' Height and Area District To: "B" Multi - Dwelling Unit Use and 40" 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 Off- campus housing for the University of Notre Dame and St. Mary's students. 6. Number of off street parking spaces to be provided: Two per apartment. 7. Attached is a copy of: (a) an existing plot plan showing the property and other surrounding 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 development plan. /s/ Charles Howell Signature of Petitioner 1530 Kemble Avenue South Bend, Indiana Councilman Wise made a motion, seconded by Councilman Grounds, that the petition be forwarded to the Area Plan Commission for study. Motion carried. REPORT OF THE COMMITTEE OF THE WHOLE Vice - President Gerald C. Reinke entertained a motion to waive the reading of the Committee of the Whole Reports. Councilman Wise so moved. Councilman Grounds seconded the motion. Motion carried unanimously. ORDINANCES, THIRD READING ORDINANCE NO. 5216 -70 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 third reading. Councilman Zielinski made.a motion for passage of the Ordinance. Councilman Allen seconded the motion. There being no discussion on the motion, the Ordinance was passed by a roll call vote of 8 ayes, (Councilman Allen, Reinke, Craven, Grounds, Szymkowiak, Wise, Palmer and Zielinski) 0 nays, 1 absent(Council- President Laven). ORDINANCE NO. 5217 -70 AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION FROM THE GENERAL FUND IN THE AMOUNT OF $640.00 TO ACCOUNT NO. C -1201 "TEMPORARY HELP" IN THE OFFICE OF THE CITY CLERK. The Ordinance was given third reading. Councilman Craven made a motion to amend the ordinance as follows: total amount be changed to $340.00, Councilman Allen seconded the motion. City Attorney S. J. Crumpacker stated that an ordinance cannot be amended during roll call vote. Councilmen Craven and Allen withdrew their motion. Councilman Szymkowiak made a motion for passage of the Ordinance. Councilman Palmer seconded the motion. The Ordinance was passed by a roll call vote of 8 ayes, (Councilmen Allen, Reinke, Craven, Grounds, Szymkowiak, Wise, Palmer and Zielinski) 0 nays, 1 absent (Council- President Lavers.). ORDINANCE NO. 5218 -70 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WATER WORKS OF THE CITY OF SOUTH BEND, INDIANA AND ROMY HAMMES, INCORPORATED OF SOUTH BEND, INDIANA, FOR THE PURCHASE OF ONE (1) 19702 FALCON TUDOR SEDAN IN THE AMOUNT OF $1,891.50. The Ordinance was given third reading. Councilman Zielinski 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 7 ayes (Allen, Reinke, Craven, Szymkowiak, Wise, Palmer and Zielinski) 1 nay (Councilman Grounds) 1 absent (Council- President Laven.). REGULAR MEETING JULY 27, 1970 ORDINANCES, THIRD READING ORDINANCE NO. 5219 -70 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 ELECTRICAL EQUIPMENT IN THE AMOUNT OF $20,777.00. The Ordinance was given third reading. Councilman Allen made a motion for passage of the Ordi- nance. Councilman Grounds seconded the motion. There being no discussion on the motion, the Ordinance was passed by a roll call vote of 8 ayes (Councilmen Allen, Reinke, Craven, Szymkowiak, Grounds, Wise, Palmer and Zielinski) 0 nays, 1 absent (Council - President Laven). (ORDINANCE NO. 5220 -70 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 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 Allen, Reinke, Craven, Grounds, Szymkowiak, Wise and Palmer) 0 nays, 1 abstention (Councilman Zielinski) 1 absent (Council - President Laven). ORDINANCES, FIRST AND SECOND READING ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE 4990 - CHAPTER 40 OF MUNICIPAL CODE (FORMERLY ZONING ORDINANCE 3702) AS AMENDED. (Edison Rd. & South Bend Ave.,Notre Dame) The Ordinance was given first reading by title and second reading in full. Councilman Palmer made a motion that the Ordinance be given public hearing on August 10, 1970. Councilman Zielinski seconded the motion. Motion carried. 8 ayes, 0 nays, 1 absent. (ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO. 4990 - CHAPTER 40 OF THE MUNICIPAL CODE (formerly Zoning Ordinance No. 3702) (2417 E. Edison Road, Post Office) The Ordinance was given first reading by title and second reading in full. Councilman Grounds made a motion that the Ordinance be forwarded to the Ordinance Committee for further study. Councilman Wise seconded the motion. Motion carried. 8 ayes, 0 nays, 1 absent. oRnTNANCIR AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (Chapter 40, Muni- cipal Code). (South of Ireland Heights and North of Ireland Road). The Ordinance was given first reading by title a motion that the Ordinance be forwarded to the Palmer seconded the motion. Motion carried. 8 ORDINANCE and second reading in full. Councilman Wise made Ordinance Committee for further study. Councilman ayes, 0 nays, 1 absent. AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, IDENTIFIED AS ORDINANCE NO. 4990, ORDINANCE NO. 3702, AS AMENDED, TO THE EXTENT IT IS STILL EFFECTIVE, AND THE MUNICIPAL CODE OF SOUTH BEND, INDIANA, SECTIONS 40 -1 TO SECTIONS 40 -43, AS AMENDED , TO THE EXTENT IT IS STILL EFFECTIVE. (Sample and Mayflower Rd.) The Ordinance was given first reading by made a motion that the Ordinance be given seconded the motion. Motion carried. 8 UNFINISHED BUSINESS title and second reading in full. Councilman Grounds public hearing on August 10, 1970. Councilman Szymkowi ayes, 0 nays, 1 absent. Vice- President Reinke read a letter of reply received from the Board of Works concerning the Council's request to more rigidly enforce laws covering noisy mufflers on cars and trucks. The letter stated the request was referred to the Legal Dept. and the Police Dept. for the appropriate action. 412 I� REGULAR MEETING JULY 27, 1970 There being no further business to come before the Council, Councilman Zielinski made a motion to adjourn, Councilman Wise seconded the motion. Motion carried. Time: 9:20 p.m. (ATTEST: CITY C I A PPRn17P..T')