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HomeMy WebLinkAbout08-24-70 Council Meeting MinutesREGULAR MEETING AUGUST 24, 1970 I1REGULAR 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, August 24, 1970, at 8:31 p.m. all members present. The meeting was called to order by Council - President Robert 0. Laven, who presided. REPORT FROM COMMITTEE ON MINUTES ITo 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 20, 1970, Special Meeting; July 27, 1970, Regular Meeting; July 29, 1970, Special Meeting; and August 19, 1970 Regular Meeting of the Council and found them correct. They therefore recommend that the same be approved. /s/ Robert 0. Laven %s/ Janet S. Allen s Albert E. Palmer There being no objections, the report was accepted as read and placed on file. (CITIZENS REQUESTS - MISCELLANEOUS MATTERS Mrs. Frederick Mutzel, 320 Parkovash, South Bend, inquired about the firm engaged by the City to study City water rates to determine whether or not rates should be raised. Council - President Laven said this matter would not come before the Council. City Controller James A. Bickel, stated that an outside consultant firm will make the study because it is the only firm qualified to do so. 4irs. Mutzel said she believed a local firm should make the study. Mr. Bickel said only the Indi- iana Public Service Commission can approve a rate increase. Mr. Grady L. Thompson inquired about water rates and Council President Laven recommended that he contact Mr. Hunter, Director of Utilities. Council President Laven denied a charge from Mrs_. Bloomhour, Arnold Street, South Bend, that the City is blacktopping alleys at City cost. Councilman Zielinski stated the area she was referring to was the LaSalle Park and it was blacktopped with Federal money. Councilman Janet S. Allen commended the Downtown Council and merchants who helped the two - hundred young people put on the music and style show Saturday, August 22, 1970, in the Morris Auditorium. She said the students did the work themselves and they were to be congratulated on the wonderful program they produced, with the cooperation of various city departments. Mr. Gerry Schultz, Evergreen Lane, South Bend, complained about the condition of his street and said no action has been taken since the matter was discussed with the Council at the past meeting. Councilman Zielinski read a city report from the Engineering Department explaining that the Street was an unimproved street and therefore, is the responsibility of abuting property owners to finance for improvement under the Barrett Law. The report stated it would cost each property owner (one lot) about $676.00. REPORT FROM THE CITY CONTROLLER The Controllers Report for the month of June, 1970 was submitted by City Controller James A. Bickel. Each Councilman had received a copy of the report before the meeting and there being no questions, the report was accepted as submitted and placed on file. REPORT FROM AREA PLAN COMMISSION August 21, 1970 The Honorable City Council City of South Bend South Bend, Indiana Gentlemen: Re: Ord. 5222 -70 (Edison Rd. & South Bend Ave., Notre Dame) The Ordinance amending and supplementing Ordinance 4990 -68 - Chapter 40 of the Municipal Code (Formerly Zoning Ordinance 3702) as amended, was referred back to the Area Plan Commission by the Common Council for approval of the corrected legal description due to the realignment of the property. The following action was taken on August 18, 1970: After due consideration, it was moved by Mr. Taylor, seconded by Jerry Miller, that the Area Plan Commission approve the ordinance as amended and it is recommended favorably to the Common Council' as amended. 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:eb Attach. There being no objections, the report was accepted and placed on file. REGULAR MEETING AUGUST 24, 1970 REPORT FROM AREA PLAN COMMISSION August 21, 1970 The Honorable Common Council City of South Bend County -City Building South Bend, Ind. Gentlemen: An ordinance amending Section 23 (c) of Ordinance 4990 -68, being Section 40 -8, (c) of the Muni- cipal Code, relating to action by the Common Council on unfavorable reports from the Area Plan Commission was legally advertised on August 8 and August 15, 1970, and given public hearing on August 18, 1970. The following action was taken: After due consideration, a motion was made by Jerry Miller and seconded by Father Matthew Kafka to table this ordinance for further consideration at the September meeting of the Area Plan Commission. Motion passed. The deliberations of the Area Plan Commission and points considered in arriving at the above decision will be forwarded to you at a later date. Very truly yours, /s/ Howard Bellinger Executive Director HB:eb There being no objections, the report was accepted and placed on file. REPORT FROM AREA PLAN COMMISSION August 21, 1970 The Honorable Common Council Re: North of Elwood & South of Keller City of South Bend on West side of Bendix Drive County -City Building South Bend, Ind. Gentlemen: The attached rezoning petition of Louis Gruszynski, et al. was legally advertised under date of August 8 and August 15 and was given public hearing on August 18, 1970. The following action was taken by the Area Plan Commission: After due consideration, a motion was made by Jerry Miller, seconded by Mr. Sporleder and unanimously passed that this 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;eb Attach. There being no objections, the report was accepted and placed on file. REPORT FROM AREA PLAN COMMISSION August 21, 1970 The Honorable Common Council Re: Belleville Shopping Center City of South Bend Ford St., Summit Dr., and Lombardy Dr. County -City Building South Bend, Ind. Gentlemen: The attached rezoning petition of A. C. Colpaert and Colpaert Realty Corp. was legally advertised on August 8 and August 15 and given public hearing on August 18, 1970. The following action was taken: After due consideration, Mr. Simeri moved, seconded by Mr. Taylor, that the site plan and proposed ordinance be recom- mended favorably to the Common Council with the recommenda- tion to the developer to consider constructing an appropriate recreational building. 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:eb There being no objections, the report was accepted and placed on file. REGULAR MEETING AUGUST 24, 1970 REPORT FROM ORDINANCE COMMITTEE Committee Report - August 24, 1970 To the Common Council of the City of South Bend: Your Committee, the Ordinance Committee, to whom was referred "AN ORDINANCE AMENDING AND SUPPLE- MENTING ORDINANCE NO. 4990 - CHAPTER 40 OF THE MUNICIPAL CODE (formerly Zoning Ordinance No. 3702) (Post Office Sub - station, 2417 E. Edison Rd., South Bend, Indiana," respectfully report that they have examined the matter and that in their opinion, The Council recommends that the Ordinance be set for public hearing on September 14, 1970. /s/ William W. Grounds Chairman There being no objections, the report was accepted and placed on file. REPORT FROM ANNEXATION COMMITTEE Committee Report - August 24, 1970 To the Common Council of the City of South Bend: Your Committee, the Annexation Committee, to whom was referred "AREA SOUTH OF AND ADJACENT TO THE EXISTING "TURTLE CREEK APARTMENT COMPLEX ", respectfully report that they have examined the matter and that in their opinion, the annexation be accomplished in light of the fact that the intention is to expand the "TURTLE CREEK APARTMENT PROJECT" -- already a part of the City and receiving City Water and Sewer Services. Further, the committee recommends that a Public Hearing be held on this Ordinance on September 14, 1970. (Location: Near South Bend Avenue, Edison Rd. and Ivy Road) /s/ Robert 0. Laven Chairman There being no objections, the report was accepted and placed on file. DRMTTTnWTC 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 City of South Bend, Indiana, as herein- after requested, and in support of this application, the following facts are shown: 1. The property sought to be rezoned is located at an inland site being located approximately 100 feet West of South Bend Avenue (Indiana Highway 23) at a point approximately 400 feet North (as measured along the West line of South Bend Avenue) of the intersection of South Bend Avenue and Edison Road. 2. The property is owned by Francis 0. Smith and Ferne Edree Smith. 3. A legal description of the property is as follows: See Attached Exhibit C. 4. It is desired and requested that the foregoing property be rezoned: From R - Residential (County) Use and To B- Residence Use and B Height and Area District. 5. It is proposed that the property will be put to the following use and the following building will be constructed: one building will be constructed and will consist of 32 apartment units (one bedroom and efficiency) and will be operated, serviced and maintained by, and will be under common ownership with, the adjoining Turtle Creek Apartments. 6. Number of off street parking spaces to be provided is 54 (a ratio of 1.7 to 1). 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. By: /s/ Jack C. Dunfee, Jr. Thornburg, McGill, Deahl, Harman, Carey & Murray 645 First Bank Building South Bend, Indiana 46601 233 -1171 Attorneys for Petitioners and Developer Exhibit A - List of Property Owners Within 300 ft. Exhibit B - Plot Plan Showing the Subject Property and Surrounding Property Owners Exhibit C - Legal Description Exhibit D - Site Development Plan Petition prepared by: Jack C. Dunfee, Jr. Councilman Szymkowiak made a motion, seconded by Councilman Palmer, that the petition be forwarded to the Area Plan Commission for study and recommendation. Motion carried. 9 ayes, 0 nays, 0 absen REGULAR MEETING AUGUST 24, 1970 REPORT OF THE COMMITTEE OF THE WHOLE Council President Laven entertained a motion to waive the reading of the Committee of the Reports. Councilman Allen so moved and Councilman Zielinski seconded the motion. Motion carried, unanimously. ORDINANCES, THIRD READING ORDINANCE NO. 5223 -70 AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $4,000.00 FROM ACCOUNT Q -11, "SERVICES PERSONAL ", TO ACCOUNT Q -43, "REPAIR PARTS ", IN THE FIRE DEPARTMENT BUDGET, ALL BEING WITHIN THE GENERAL FUND. Whole The Ordinance was given third reading. Councilman Grounds made a motion, seconded by Councilman Szymkowiak, for passage of the Ordinance. There being no discussion on the motion, the Ordinance was passed by a roll call vote of 9 ayes (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Wise, Palmer and Zielinski) 0 nays, 0 absent. ORDINANCE NO. 5224 -70 AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $19,000.00 FROM THE GENERAL FUND TO ACCOUNT U -214, "TELEPHONE AND TELEGRAPH" IN THE AMOUNT OF $7,000.001, TO ACCOUNT U -252, "REPAIR OF EQUIPMENT" IN THE AMOUNT OF $8,000.00 AND TO ACCOUNT U -324, "OTHER GARAGE AND MOTOR SUPPLIES ", IN THE AMOUNT OF $4,000.00 ALL BEING WITHIN THE GENERAL FUND, AS AMENDED. The Ordinance was given third reading. Councilman Allen made a motion for the adoption of the amendments. Councilman Craven seconded the motion. Motion carried oune& man Reinke made a motion, seconded by Councilman Craven, for passage of the Ordinances were �eing no discussion on the motion, the Ordinance was passed by a roll call vote of 9 ayes (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Wise, Palmer and Zielinski) 0 nays, 0 absent. ORDINANCE NO. 5225 -70 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WASTEWATER TREATMENT PLANT OF SOUTH BEND, INDIANA AND E. L. ZIMMERMAN CO., INC. OF MISHAWAKA, INDIANA, FOR FURNISHING AND INSTAL- LING PIPING, VALVES, ETC., FOR SLUDGE DRAW -OFF DIGESTER NO. 3, IN THE AMOUNT OF $16,405.00. The Ordinance was given third reading. Councilman Zielinski made a motion for passage of the Ordinance. Councilman Grounds seconded the motion. Motion carried. There being no discussion on the motion, the Ordinance was passed by a roll call vote of 9 ayes, (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Wise, Palmer and Zielinski) 0 nays, 0 absent. ORDINANCES, FIRST AND SECOND READING ORDINANCE 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. (Ford St., Summit Dr., & Lombardy Dr., Belleville Shopping Area) The Ordinance was given first reading by title and second reading in full. Councilman Reinke made a motion, seconded by Councilman Craven, that the Ordinance be given a public hearing on September 14, 1970. Motion carried. 9 ayes. 0 nays, 0 absent. ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (Chapter 40, Municipal Code). (North of Elwood and South of Keller on West side of Bendix Drive.) The Ordinance was given first reading by title and second reading in full. Councilman Szymko- wiak made a motion, seconded by Councilman Reinke, that the Ordinance be given a public hearing on September 14, 1970. Motion carried. 9 ayes. 0 nays, 0 absent. REGULAR MEETING AUGUST 24, 1970 ORDINANCES, FIRST AND SECOND READING nVnTTTAV0P AN ORDINANCE TO APPROPRIATE $61,799.14 FROM THE LOCAL ROAD AND STREET FUND TO THE ACCOUNT "SERVICES CONTRACTUAL" WITHIN THE ROAD STREET FUND. The Ordinance was given first reading by title and second reading in full. Councilman Grounds made a motion, seconded by Councilman Craven, that the Ordinance be given a public hearing on September 14, 1970. Motion carried. 9 ayes, 0 nays, 0 absent. nRnTNaM0P AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, GENERALLY KNOWN AS THE SOUTH BEND ZONING ORDINANCE, BEING ORDINANCE NO. 4990 -68, AS AMENDED, (FORMERLY ORDINANCE NO. 3702), BY ADDING PROVISIONS DEALING WITH MOBILE HOME PARKS. The Ordinance was given first reading. Councilman Laven entertained a motion that the second reading be held on September 14, 1970. Councilman Zielinski so moved, seconded by Councilman Allen. Motion carried. 9 ayes, 0 nays, 0 absent. ORDINANCE AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS FROM THE MOTOR VEHICLE HIGHWAY FUND IN THE AMOUNT OF $61,799 TO VARIOUS ACCOUNTS WITHIN THE MOTOR VEHICLE HIGHWAY FUND. The Ordinance was given first reading by title and second reading in full. Councilman Szymkowiak made a motion, seconded by Councilman Craven, that the Ordinance be given a public hearing on September 14, 1970. Motion carried. 9 ayes, 0 nays, 0 absent. Councilman Szymkowiak made a motion, seconded by Councilman Palmer, for a 10 -- minute recess. Motion carried. 9 ayes, 0 nays, 0 absent. Time: 9:20 p.m. The Regular Meeting reconvened at 9 :30 p.m. RESOLUTIONS RESOLUTION A RESOLUTION URGING THE IMPLEMENTATION OF A PLAN FOR REFUSE REMOVAL AND DISPOSAL IN THE CITY OF SOUTH BEND. WHEREAS, the Indiana General Assembly, in its 1965 Session, adopted what is known as the "Refuse Disposal Act" which provides a means for the collection and disposal of all forms of refuse and for the financing of such service through user charges; and WHEREAS, the impending enactment by the St. Joseph County Commissioners of an anti- pollution ordinance will eliminate the burning of much refuse now being burned and create the need for hauling away a considerably greater volume of same than is now being done; and WHEREAS, Section 30 of said "Refuse Disposal Act ", as amended, Section 27 of Chapter 359 of the Acts of 1969 prohibits the disposal of refuse in any manner other than as approved by the Indiana State Board of Health on or after January 1, 1971; and WHEREAS, the City of South Bend now collects and disposes only garbage and no other form of refuse, NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana:' 1. That it favors the implementation of the Refuse Disposal Act in the City of South Bend by the enlargement of the present garbage pick -up and disposal service to include all forms of refuse and the financing of the entire cost of such enlarged operation through user charges rather than through tax assessments as at present. 2. That the Board of Public Works and Safety is hereby urged to proceed immediately with all steps necessary to put such a program into operation on January 1, 1971. ATTEST: /s/ Robert O. Laven Member of the Common Council /s/ Kathryn L. Bloucjh City Clerk There was an approximate estimate of five - hundred interested citizens in attendance and a public hearing was held at this time on the'Resolution. Mr. David A. Wells, of the Engineering Department spoke in favor of the proposal. He showed slides of the various areas in the city littered with trash, and said the cost per household would be $2.50 per month if the program were initiated. He stated that a pilot program, federally funded, would begin in the Model Citie REGULAR MEETING AUGUST 24, 1970 RESOLUTION - Refuse Removal and Disposal - Cont'd. area in September, however, the city -wide program was scheduled to begin January 1, 1971. said such a program would end the stench of burning trash and garbage, help air pollution improve the appearance of the city and eliminate rodent havens. He control, Dr. Louis How, St. Joseph County Health Department, said if pollution is not controlled, people will no longer be able to exist. He said 385 tons of garbage accumulate in the city each day and that many persons burn their garbage causing much discomfort to their neighbors, therefore, a trash collection program would end illegal burning and dumping. Mayor Allen said the issue is urgent and near the crisis state to dispose of solid wastes. He said we should not wait for a crisis to develop and then react. He stated that no other city in the nation our size, has found a solution to this problem without accepting this responsibility for an organized trash pick -up program. Attorney Peter J. Nemeth, representing Mr. Max Bray and many other Trash Haulers, said the program is an attack upon private enterprise, that haulers would be thrown out of work and that if the ,City service becomes poor, the public could not remonstrate against the monopoly of the City. He said the City should collect trash of only those who want the service. He presented petitions to the Council with signatures of residents against the program. Councilman Wise made a motion, seconded by Councilman Zielinski, that the Council turn the proposal down. Motion carried. 7 ayes, (Councilmen Allen, Craven, Reinke, Szymkowiak, Wise, Palmer and Zielinski) 2 nays (Councilmen Laven and Grounds) 0 absent. ICouncil President Laven entertained a motion for a short recess. seconded by Councilman Palmer. Motion carried. 9 ayes, 0 nays, IlThe Regular Meeting reconvened at 10:05 p.m. II RESOLUTION Councilman Zielinski so moved, 0 absent. Time: 9:55 p.m. RESOLUTION APPROVING PROGRESS REPORT UNDER THE WORKABLE PROGRAM FOR COMMUNITY IMPROVEMENT. WHEREAS, a "Review of Progress under the Workable Program for Community Improvement" was heretofore filed with the Common Council of the City of South Bend, and was approved by said Common Council by resolution passed on March 23, 1970; and WHEREAS, an amended and updated "Review of Progress under the Workable Program for Community Improvement has been filed with the Common Council of the City of South Bend, which report is now before the Common Council; and WHEREAS, the Department of Housing requisite for the City IIe be approval of the Common Council to said progress report is required by the and Urban Development of the United States of America as a continuing of South Bend's eligibility to receive federal funds; and WHEREAS, the Common Council has examined said report and finds it satisfactory; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, that report captioned "Review of Progress under the Workable Program for Community Improvement" submitted for recertification. Adopted this day of , 1970. /s/ Robert O. Laven A Member of the Common Council of the City of South Bend, Indiana The public hearing on the above resolution was postponed . Councilman Allen made a motion that the public hearing be postponed until the Special Meeting held on August 31, 1970. Councilman Palmer seconded the motion. Motion carried. 9 ayes. 0 nays, 0 absent. Mr. B. Ashenfelter, Executive Director of the Department of Redevelopment submitted a copy of the revised copy of the Workable Program to the Council for review. Council- President Laven appointed the committee consisting of Councilmen Allen, chairman, Szymkowiak, Palmer, Reinke and Zielinski, requesting them to report back to the Council at the next meeting. IINEW BUSINESS Councilman Allen objected to the City's haste in turning the old City Hall over to the Department of Redevelopment for demolition. She said the City cannot dispose of city property without ap- proval of the Council. City Attorney Crumpacker said he would look into the matter. Council- President Laven read a letter received from Mr. D. Sporledor, architect retained by the Model Cities, asking if the City would be interested in retaining some of the historical homes of notable families in South Bend history located in the Model Cities area. The letter was turned over to the Public Improvement Committee (Councilmen Allen, Wise and Craven) for review. REGULAR MEETING BUSINESS AUGUST 24. 1970 2T ouncil President Laven said the Common Council cannot ignore the trash problem, therefore, he roposed a study commission be appointed to study the issue. He said a 9 -man commission should onsist of the representative groups involved, such as, trash haulers, city government, etc. eeking to determine the adequacy of present trash removal service, identify areas that need unicipal service, and determine if a joint, cooperative plan can be worked out between the city nd the private haulers. Council President Laven entertained .a motion that the matter be urned over to the Public Improvement Committee. Councilman Wise so moved, seconded by Councilman rounds. Councilman Allen is Chairman of the Public Improvement Committee, however it was unan- mously agreed that the motion include all Councilman as members of the Public Improvement ommittee to study the issue. Motion carried unanimously. 9 ayes, 0 nays, 0 absent. he Council commended Mr. David Wells on his presentation of the administration's proposal r the need of a City trash removal program. Mr. Wells is with the City Engineering Department. ouncilman Zielinski presented a petition with signatures of residents in the 4600 and 4700 block f West Parkway Street requesting the City not to slurry seal their street. uncilman Allen announced that the Sign Ordinance #4303 -60 is being studied and she said she els it perhaps needs some amendments. here being no further business to come before the Council, Council President Laven entertained motion for adjournment. Councilman Allen so moved, seconded by Councilman Zielinski. Motion arried. Time: 10:35 p.m. TTEST: CLERK APPROVED: PRESIDENT s