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HomeMy WebLinkAbout09-14-70 Council Meeting MinutesREGULAR MEETING - RECONVENED Be it remembered that the Common Council of Council Chambers in the County -City Building members present. The meeting was called to presided. REPORT FROM COMMITTEE ON MINUTES the City of South Bend, Indiana, reconvened in the on Monday, September 14, 1970 at 9:55 p.m., all order by Council - President Robert 0. Laven, who 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 August 24, 1970 and Special Meeting, August 31, 1970 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. CITIZENS REQUESTS - MISCELLANEOUS MATTERS Mr. Richard Trowbridge, 912 Gladstone Avenue, South Bend, Indiana, asked the Council to see that sidewalks in the Western Avenue area are installed where they do not exist at the present time. He pointed out the area near Mr. Donut, Standard Oil Station and the adjacent Church. Council- President Laven directed City Engineer Taylor to again send a letter to each property owner asking them to take action for installation of sidewalks. Mr. Roman Kowalski, 802 Birchwood, South Bend, Indiana, inquired as to the progress of the down- town renewal project. Councilman Laven replied that it was moving slowly, however, Mr. Wilhelm of the Redevelopment Commission had recently issued a statement stating that property has been purchased and they are ready to begin. PETITIONS PETITION FOR ANNEXATION TO: THE HONORABLE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIAN s Louis Rappelli and Carmella Rappelli respectfully represent and show that they are the owners of the following described real estate located in St. Joseph County, and the State of Indiana, which realestate is adjacent and contiguous to the City of South Bend, Indiana, to -wit: A tract of land in the Southwest Quarter (1/4) of the Southeast Quarter (1/4) of Section 31, Township 38 North, Range 3 East, described as follows: Beginning at a point in the center line of Edison Road 450.78 feet East of the Southwest corner of the Southeast Quarter of Section 31, Township 38 North, Range 3 East; thence running North parallel with the West line of the Southeast 1/4 228.71 feet; thence running East 208.71 feet to a point; thence running South 155.41 feet to a point; thence Southwesterly on a curve whose radius is 290.28 feet a distance of 64.98 feet to a point 48.5 feet North of the centerline of Edison Road; thence South 48.5 feet to the centerline of Edison Road and a point 150 feet East of the place of beginning; thence West 150 feet to the place of beginning. Louis Rapelli and Carmella Rapelli further show that they own 100/ of the above des- cribed land and request that the Common Council of the City of South Bend adopt a Special Ordinance within sixty (60) days from the date that this Petition is filed, for the purpose of annexing said described land to the City of South Bend, Indiana /s/ Louis Rappelli /s/ Carmella Rappelli Joseph V. Simeri 203 E. Fourth Street Mishawaka, Indiana Councilman Szymlcwi& made a motion that the petition be referred to the Engineering Department for further study, also,. the Annexation Committee for consideration and an ordinance be prepared if the petition is approved. Councilman Wise then seconded the motion. Motion carried. 39 REGULAR MEETING SEPTEMBER 14, 1970 PETITIONS PETITION TO ANNEX LAND TO: THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA The petitioner, GREEN LAND DEVELOPMENT CORPORATION, respectfully petitions that a tract of land in Clay Township, St. Joseph County, Indiana, bounded by a line running as follows, to -wit: Parcel 1: A lot or parcel of land containing Thirty (30) acres taken off of the South part of the Southwest Fractional Quarter, East of the St. Joseph River, of Section Fourteen (14), Township Thirty -eitht (38) North, Range Two (2) East, to be equal width at the East and West ends and to extend from said river to the East line of said Quarter Section, except the following tract conveyed to the South Bend Power Company: A tract of land in the Southwest Quarter of Section Fourteen (14), Township Thirty -eitht (38) North, Range Two (2) East described as begin- ning at a point on the South line of said Section Fourteen (14) where said South line intersects the East edge of the St. Joseph River, which point is Two Thousand Sixty -four and Five Tenths (2064.5) feet West of the Southeast corner of the Southwest Quarter of Section Fourteen (14); thence East One Hundred Eighty -six (186) feet; thence North Two (2) degrees Fifteen (15) minutes West One Hundred Sixty -eight and Five Tenths (168.5) feet; thence North Seven (7) degrees Thirty (30) minutes West One Hundred Fifty -six (156) feet; thence North Six (6) degrees Fifteen (15) minutes West One Hundred Three and Five Tenths (103.5) feet; thence North Nine (9) degrees West One Hundred Sixty -four (164) feet; thence North Twelve (12) degrees Fifteen (15) minutes West One Hundred Twenty - three (123) feet; thence North Seven (7) degrees West One Hundred Thirty - three (133) feet to the St. Joseph River; thence Southerly along the said river edge to the place of beginning, containing One and Fourteen Hun- dredths (1.14) acres. Parcel 2: All of the East Fraction of the Southwest Quarter of Section Fourteen(14), Township Thirty -eight (38) North, Range Two (2) east, excepting about Thirty (30) acres taken off of the South end thereof. Subject to legal highways, be annexed to and declared to be part of the incorporated City of South Bend, Indiana. Petitioner further states that said real estate is not contiguous and adjacent to the City of South Bend, but that it is separated from the City of South Bend by a parcel of land on which Healthwin Hospital is located and a parcel of land being used as a Clay Township park. The petitioner is the owner or has such interest in said real estate that qualifies said peti- tioner to request the annexation thereof. Petitioner further requests that a special ordinance for the purpose of annexing said land be adopted. The petitioner has attached hereto a form of such ordinance for the convenience, use and approval of the Common Council of the City of South Bend, Indiana. WHEREFORE, petitioner respectfully requests that the Common Council of the City of South Bend, Indiana£ accept and act favorably on his said petition, and that the above described real estate be annexed to and declared to be a part of the incorporated City of South Bend, Indiana. GREEN LAND DEVELOPMENT CORPORATION By: /s/ Joseph M. Gordon, President ATTEST: /s/ Louis L. Anderson, Secretary Prepared by Louis L. Anderson, Atty., 125 S. Lafayette St., South Bend, Indiana Councilman Reinke made a motion that the petition be referred to the Engineering Department, the Legal Department and the Annexation Committee for consideration and study and an ordinance be prepared if the petition is approved. Councilman Zielinski seconded the motion. Motion carried. REGULAR MEETING SEPTEMBER 14, 1970 11 REPORTS OF THE TTEE 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. ]ORDINANCES, THIRD READING IJ ORDINANCE NO, 5228-70 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. (Belleville Shopping Center, Ford, Summit Dr. and Lombardy Dr.) The Ordinance was given third reading. Councilman Grounds made a motion for passage of the Ordi- nance. Councilman Wise seconded the motion. There being no discussion on the motion, the Ordi- nance was passed by a roll call vote of 6 ayes, (Councilmen Laven, Reinke, Grounds, Wise, Palmer and Allen) 3 nays, (Councilmen Craven, Szymkowiak and Zielinski) 0 absent. kNCE NO. 5229 -70 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 Dr., I.O.O.F. Robert Blume Lodge) 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 9 ayes, (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Wise, Palmer and Zielinski) 0 nays, 0 absent. NANCE NO. 5230 -70 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. The Ordinance was given third reading. Councilman Reinke 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 9 ayes, (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Wise, Palmer and Zielinski) 0 nays, 0 absent. ORDINANCE NO. 5231 -70 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 third reading. Councilman Grounds 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 9 ayes, (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Wise, Palmer and Zielinski) 0 nays, 0 absent. ORDINANCE NO. 5232 -70 AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO. 4990 - CHAPTER 40 OF THE MUNICIPAL CODE (FORMERLY ZONING ORDINANCE NO. 3702). (Post Office Sub - station, 2417 East Edison Road, South Bend, Indiana) The Ordinance was given third reading. Councilman Wise made a motion for passage of the Ordinance Councilman Reinke seconded the motion. There being no discussion on the motion, the Ordinance was passed by a roll call vote of 8 ayes (Councilmen Laven, Reinke, Craven, Grounds, Szymkowiak, Wise, Palmer and Zielinski) 1 nay (Councilman Allen) 0 absent. 161:761 -10 AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LANDS. (South of and adjacent to Turtle Creek Apartment Complex) (Near South Bend Avenue, Edison Rd and Ivy Road) Council- President Laven entertained a motion for suspension of the rules. Councilman Reinke so moved, seconded by Councilman Wise. Motion was defeated. Councilman Grounds made a motion that the Ordinance be set for third reading on September 28, 1970. Councilman Wise seconded the motion. Motion carried. 9 ayes O'nays, 0 absent. REGULAR MEETING SEPTEMBER 14, 1970 ORDINANCES, SECOND READING nRnTNAWrR 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 ORD. NO. 3702), BY ADDING PROVISIONS DEALING WITH MOBILE HOME PARKS. I f The ordinance was given first reading by title on August 24, 1970 and second reading in full on September 14, 1970. Councilman Zielinski made a motion, seconded by Councilman Allen that this ordinance be referred to the Area Plan Commission for study and a report be returned to the Common Council on or before November 9, 1970. Motion carried. 9 ayes, 0 nays, 0 absent. ORDINANCES, FIRST AND SECOND READING ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CIVIL CITY OF SOUTH BEND AND THE CITY OF SOUTH BEND DEPART- MENT OF REDEVELOPMENT FOR THE CONVEYANCE OF TWO PARCELS OF REAL ESTATE LOCATED IN THE CITY OF SOUTH BEND AND OWNED BY THE CIVIL CITY OF SOUTH BEND. 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 28, 1970. Motion carried. 9 ayes, 0 nays, 0 absent. ORDINANCE AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS TO ACCOUNT L -722 "MOTOR EQUIPMENT" IN THE AMOUNT OF $5,300.00, TO ACCOUNT L -725 'OFFICE EQUIPMENT" IN THE AMOUNT OF $600.00 AND TO ACCOUNT L -726 "OTHER EQUIPMENT IN THE AMOUNT OF $1,100.00 AND THE TRANSFER OF SAID SUMS FROM ACCOUNT L -11 "SERVICES PERSONAL ", ALL BEING WITHIN THE GENERAL FUND. The Ordinance was given first reading by title and second reading in full. Councilman Zielinski made a motion, seconded by Councilman Craven, that the ordinance be given a public hearing on September 28, 1970. Motion carried. 9 ayes, 0 nays, 0 absent. NEW BUSINESS Councilman Allen asked City Attorney S. J. Crumpacker to review the Building Code on fire proofing building materials for walls. Councilman Reinke asked Council - President Laven to direct the Clerk to send a letter of condolence to the family of Norman C. Murrin, President of Teamsters Local Union #364 who died September 13, 1970. Mr. H. Theodore Noell, Attorney -at -law asked the Council to examine the current City's policy of appointing special policemen. He said if these special policemen should, in their off duty hours, fire on an individual and have a problem, the city is going to be responsible. He said the city should be protected from the policemen's misconduct. There being no further business to come before the Council, Councilman Zielinski moved for adjournment. Councilman Wise seconded the motion. Motion carried. Time 10:45 p.m. ATTEST: APPROVED: PRESIDENT