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HomeMy WebLinkAbout09-14-70 Council Committee of the Whole Meeting MinutesREGULAR MEETING SEPTEMBER 14, 1970 REGULAR MEETING 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, September 14, 1970 at 8:00 p.m., with all members present. The meeting was called to order by Council President Robert 0. Laven. The invocation was given by Reverend Charles Rowlett, Pilgrim Baptist Church, 116 N. Birdsell Street, South Bend, Indiana. ROLL CALL PRESENT: Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Wise, Palmer and Zielinski. ABSENT: None. ORDINANCE, FIRST AND SECOND READING ORDINANCE AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LANDS. (Near South Bend Ave., Edison Rd., & Ivy Road; South of and adjacent to Turtle Creek Apt. Complex) The Ordinance was given first reading by title and second reading in full. Councilman Grounds made a motion, seconded by Councilman Reinke, that the ordinance be set for Public Hearing on September 14, 1970. Motion carried. 7 ayes, 2 nays, 0 absent. RESOLVE INTO THE COMMITTEE OF THE WHOLE 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: 8:09 p.m. COMMITTEE OF THE WHOLE MEETING Be it remembered that the Common Council of the City of South Bend, Indiana, met in the County - City Building, in the Committee of the Whole, in the Council Chambers on Monday, September 14, 1970 at 8:10 p.m., all members present. The Meeting was called to order by Councilman William W. Grounds, who presided. ORDINANCE AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, IDENTIFIED AS ORDINANCE NO. 4990 -68, 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. (Belleville Shopping Center, Ford, Summit Dr. and Lombardy Dr.) 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 Seely, Attorney, represent- ed the petitioners, Colpaert Realty Corporation. He said this is a 90 foot length of real estate ru nning the entire length of the common area of Belleville Shopping Center and is adjacent to an existing "B" residentially zoned area. He assured the Council that this development was not considered public housing such as a Turnkey project. He said FHA will provide financing for the multiple family units, which will be 100 apartments in total, or, 60 single - bedroom and 40 two - bedroom apartments. He stated that they will not be low income or rent subsidized units but that they will be in conformity to the rest of the type of homes in the neighborhood. It will be a two phase development, such as, East development and West development. Mr. Seely said Colpaert was willing to construct sidewalks in the project and in one area would substitute building "A" or "B" for the building "C" as shown on the map at the present time, if so requested by the Council or Area Plan Commission. Council - President Laven read a letter addressed to the members of the Common Council from Mr. T. Brooks Brademas, Chairman of the Board of the First Community Development Corporation as follows: September 8, 1970 Members of the Common Council City of South Bend County -City Building South Bend, Indiana Attention: Robert 0. Laven, President Dear Members of the Council: I read recently in the South Bend Tribune that the Colpaert Realty Company has made a request for a change in zoning on property located in the Washington High School area to permit the erection of multi- family housing. COMMITTEE OF THE WHOLE MEETING SEPTEMBER 14, 1970 Letter from T. Brooks Brademas - First Community Development Corporation - Continued While I believe that there is a continuing need in the community for such housing, the information that I have is that the Colpaert Realty Company is proposing to erect housing under the FHA Section 236 subsidized housing program. I am attaching to my letter a xerox of several pages of the official transcript of the hearings held on November 16, 1967, regarding the request to the Area Board of Zoning Appeals for permission to construct multi - family housing on a site in the Washington High School area under an identical program now proposed to be utilized by the Colpaert firm to build multi - family housing in the same general area. Note clearly that the Colpaert Realty Company vigorously opposed the request for the development of the multi - family housing when it was proposed in 1967 and made several points as set forth in the transcript, one being that there was no possibility of expansion of the Washington High School and that the construction of this multi - family housing as we had proposed would overburden the school. The other objection to the housing we had proposed, as set forth by-the Colpaert firm, was that it was a duplication of the housing project that was originally intended for the LaSalle Park area. The Colpaert representatives stated, "Such a housing project, of course, is intended for a class of people who are mainly dependent upon Government assistance to pay their rent. This, of course, would bring in an occupancy which is entirely different from the people who purchased their houses in a $20,000 to $30,000 class across the street." In view of the fact that the Colpaert Realty firm was the principal organization responsible for stopping the development of the same type of housing on the Harber Homes site, which they now propose to develop in the same general area, if the Council sees fit to approve the zoning of the tract of land for the Colpaert firm; the First Community Development Corporation requests Council approval for the zoning of the some 13 acres of the Harber Homes tract that is not being utilized by the Consolidated Negro Contractors to permit the erection of multi- family housing using exactly the same program as proposed by the Colpaert organization. Sincerely, FIRST COMMUNITY DEVELOPMENT CORPORATION T. Brooks Brademas (Chairman of the Board ITBB /fal Mr. Seely said there was a vast difference between the two situations, the main difference being that 80% of the land in this case is already zoned, where Mr. Brademas' situation involved a subject of petition for annexation. Mr. Seely said Mr. Brademas should appear before the Council and Area Plan Commission and be subject to cross examination also. Mr. Richard Trowbridge, 912 Gladstone, South Bend, Indiana opposed the rezoning and said schools will be crowded from all the apartment complexes. He insisted the Council should request that sidewalks be installed for the childred to use to and from school. Councilman Zielinski asked Mr. Seely if there was a guarantee that Building "C" will be moved into center of the project. Mr. Seely replied "We are substituting for the "C building, either an "A" or "B" building, which will contain only 4 units." He also assured Mr. Zielinski that the sidewalks would be installed. Councilman Zielinski made a motion, seconded by Councilman Szymkowiak, that sidewalks be installed within the project, around it and all the way to Western Avenue, also, that Building "C" be re- moved from Ford & Lombardy to the center of the project and be replaced with an "A" or "B" building. (Motion was defeated. 2 ayes, 7 nays, 0 absent. Councilman Allen stated that the Council does not have the right to ask Mr. Colpaert to do this. Councilman Zielinski made a motion, seconded by Councilman .Craven; that sidewalks be installed on Lombardy, Ford and Summitt Streets within the boundaries of the project. Motion carried. 7 ayes, 2 nays, 0 absent. Councilman Reinke and Wise stated the Council does not have the right to make these motions but City Attorney Crumpacker stated that these motions are indications and the desires of the Council and not changes in the ordinance. Councilman Laven made a motion, seconded by Councilman Reinke, that the ordinance go to the Council as favorable. Motion carried. 9 ayes, 0 nays, 0 absent. COMMITTEE OF THE WHOLE MEETING SEPTEMBER 14, 1970 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). �N 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. H. Theodore Noell, Attorney spoke for the Robert Blume Lodge, 278, International Order of Odd Fellows, requesting multiple- family residential zoning of a tract on the west side of Bendix Drive between Elwood Avenue and Keller Street, where a new home for the lodge will be constructed. Councilman Wise made a motion, seconded by Councilman Palmer, that the ordinance go to the Council as favorable. Motion carried. 9 ayes, 0 nays, 0 absent. ORDINANCE AN ORDINANCE TO APPROPRIATE $61,799.14 FROM THE LOCAL ROAD AND STREET FUND TO THE ACCOUNT "SERVICES CONTRACTUAL "WITHIN THE LOCAL ROAD AND STREET 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 purposes of the appropriation. He stated this amount was received by the city for projects already completed. He said this ordinance was allocating the $61,799 from the local road and street fund which comes from the state refunds. Councilman Reinke and Councilman Zielinski questioned Mr. Taylor on city policy of paving unimproved streets and Mr. Taylor said only arterial and collector streets are paved at full city cost. Councilman Laven made a motion, seconded by Councilman Reinke, that the ordinance go to the Council as favorable. 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. 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 purpose of the appropriation. He stated this ordinance ties in with the above ordinance and allocated the monies received by the city for expenses for paving projects and construction costs. Councilman Wise made a motion, seconded by Councilman Zielinski, that the ordinance go to the Council as favorable. Motion carried. 9 ayes, 0 nays, 0 absent. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO. 4990 -68 - CHAPTER 40 OF THE MUNICIPAL CODE (FORMERLY ZONING ORDINANCE NO. 3702). (2417 East Edison Road, South Bend, Indiana; Post Office Sub - station) This being the time heretofore set for public hearing on the above Ordinance, proponents and * Mr. Guy H. McMichael, Sr., an attorney, First Bank Bldg., South Bend, Indiana, spoke on behalf of the petitioner, Hoffman Bros. Electric Co. He stated that this proposed ordinance calls for the development of a new Post Office Substation to be located adjacent to the Teamsters Bldg. on Edison Road.. Mr. Harry Conner, U. S. Post Office Dept. Real Estate Office, Indianapolis, Indiana, said this proposed sub - station would serve the Northeast area of South Bend. Councilman Allen requested information regarding vehicle parking of employees. Mr. Conner stated they do anticipate growth, therefore, there will be at least 36 additional parking spaces at the rear if needed at a future date. Councilman Craven inquired as to the possibility of using the abandoned post office as a financial station. Mr. Conner said there was a possibility but he didn't know, however, he said there is now a contract station located at a place of business (drug store) about .5 of a mile East. He said the Post Office planned to continue the financial office at the drug store. In response to a question from Councilman Laven, Mr. Conner explained how the building was situated on the land. Councilman Zielinski made a motion, seconded by Councilman Craven, that the ordinance go to the Council as favorable. Motion carried. 8 ayes, 1 nay, 0 absent. ORDINANCE AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LANDS. (Near South Bend Avenue, Edison Road & Ivy Road, Turtle Creek Apt. Complex) 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. Fredrick Thornburg, Attorney, spoke on behalf of the petitioners, Francis and Ferne Smith. He stated that this parcel of land is adjacent to the Turtle Creek Apt. area, which is already within the City Limits. It is proposed to use this land for 1 and 2- bedroom efficiency apartments. Mr. Lloyd Taylor, City Engineer said that an Engineering Study of the proposed annexation was made and was approved. Councilman Wise made a motion, seconded b Councilman Reinke, that the Ordinance o to the Y g Council as favorable. Motion carried. 9 ayes, 0 nays, 0 absent. *opponents were given an opportunity to be heard thereon. i REGULAR MEETING SEPTEMBER 14, 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 Allen so moved, seconded by Councilman Zielinski. Motion carried. Time: 9:50 p.m. ATTEST: REGULAR MEETING - RECONVENED Be it remembered that the 1 C P P Ti ON IY cry wit sag Jos 203 Mis Cou; for if s APPROVED: CHAIRMAN