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HomeMy WebLinkAbout10-26-70 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, October 26, 1970 at 10 :19 p.m., all members present. The meeting was called to order by Council President Robert O. Laven, 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 October 13, 1970 meeting of the Council and found them correct. They therefore recommend that the same be approved. /s/ Robert O. Laven 7sl Janet S. Allen s Albert E. Palmer There being no objections, the report was accepted and placed on file. CITIZENS REQUESTS - MISCELLANEOUS MATTERS Mrs. Lee Swan, 2022 Swygart St., South Bend spoke in behalf of the Walnut Street residents who are demanding the paving of their street, Council President Laven said the Council is powerless to intercede in the issue .since decisions on street paving are administrative decisions. City Engineer stated the City will give one coat of slurry seal and fill the chuckholes to the area from Ewing to Prairie at no expense to residents. Mr. Matthew Horvath, Jr., President of the Rum Village Businessmen's Association, spoke in behalf of the Walnut Street Residents. COMMUNICATION Courtesy Cab Association 124 South Main Street South Bend, Indiana October 19, 1970 0 Mr. Robert 0. Laven, Jr. Councilman South Bend, Indiana Dear Sir: Approximately five years ago the South Bend City Council passed an ordinance whereby all taxicabs were required to carry public liability insurance with limits of $100,000/$300,000. Even though the independent cab companies felt this was unreasonable and without just cause, we were able to get reliable insurance companies to go along with the excessive limits. This, of course, at tremendous additional expanse to us. e situation has now changed. Even with no liability claims, these same insurance carriers are w cancelling our policies because they do not want to carry these high liability limits. We ask that you present to the South Bend City Council a recommendation to amend the ordinance and lower our public liability insurance limits. We believe our request is justifiable because of the following facts: Indianapolis requires only $25,000/$50,000 limits. Mishawaka City Cabs carry only $20,000/$40,000 and are traveling daily on South Bend city streets. We hope the City Council will favorably consider this petition, otherwise, I am afraid that the fifteen small independent businessmen comprising the Courtesy Cab Association will be unable to find insurance coverage and therefore will be out of business within a very short time. Very truly yours, COURTESY CAB ASSOCIATION /s/ Richard C. Ellis President It was unanimously carried that the Clerk refer this letter to the Transportation Committee, Councilmen Szymkowiak, Chairman, Grounds, Zielinski, Allen and Craven, for furtherstudy. REGULAR MEETING OCTOBER 26, 1970 (REPORT FROM THE CITY CONTROLLER The report of the City Controller was defermd. until the November 9, 1970 Council meeting. IREPORT FROM THE ANNEXATION COMMITTEE To the Common Council of the City of South Bend: October 26, 1970 L QSi Your Committee, "The Annexation Committee ", to whom was referred "AN ORDINANCE ANNEXING TERRITORY TO THE MUNICIPAL CITY OF SOUTH BEND, INDIANA, GENERALLY DESCRIBED AS LYING NORTH OF EDISON ROAD AND WEST OF SOUTH BEND AVENUE ", (Rappelli Petition) respectfully report that they have examined the matter and that in their opinion the ordinance be set for 1st & 2nd reading on October 26, 1970, and the report from the Engineer's Office be accepted. /s/ Robert O. Laven Chairman There being no objections, the report was accepted as read and placed on file. (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 South Bend as hereinafter requested, and in support of this application, the following facts are shown: 1. 2. 3. 5. The property sought to be rezoned is located at: South Side of 3000 Block of East Edison Road, South Bend, Indiana. The property is owned by. Parcel #1: B. M. Saucel Parcel #2: St. Joseph Valley Nursing Home, Inca A legal description of the property is as follows: Parcel #1: Part of the Northeast 1/4 of Section 5, Township 37 North, Range 3 East, described as follows: Beginning at a point on the West line of McKinley Terrace Addition, Section B, One (1) foot North of the Northwest corner of Lot 519 in said Addition; thence West, parallel with and one (1) foot North of the North line of said Lot 519, a distance of 50 feet; thence North, paral- lel with the West line of McKinley Terrace Addition, Section B, a distance of 319 feet to a point 490 feet South of the North line of Section 5, Township 37 North, Range 3 East; thence West parallel with the North line of said Section 5, a distance of 217.3 feet; thence South 807.7 feet to a point 267.3 feet West of the Southwest corner of Lot 492 in said McKinley Terrace Addition, Section B; thence East 267.3 feet to the Southwest corner of said Lot 492; thence North 488.76 feet to the point of beginning. Containing 4.59 acres. Parcel #2: Part of the Northwest Quarter (1/4) of the Northeast Quarter (1/4) of Section 5, Township 37 North, Range 3 East described as beginning at the Northwest corner of the Northeast 1/4 a distance of 1294.62 feet (19.62 chains) to the Southwest corner of the North 1/2 of said Northeast 1/4; thence Easterly along the South line of the North 1/2 of said Northeast 1/4 a distance of 267.30 feet (4.05 chains); thence Northerly along a line paralleling the West line of said Northeast 1/4 a distance of 1086.06 feet; thence Westerly along a line parallel- ing the North line of said Northeast 1/4 a distance of 195.30 feet; thence Northerly along a line paralleling the West line of said Northeast 1/4 a distance of 208.56 feet to a point on the North line of said Northeast 1/4; thence Westerly along the North line of said Northeast 1/4 a distance of 72.00 feet to the point of beginning, containing 7.01 acres. It is desired and requested that the foregoing property be rezoned: From "A" Residential Use and "A" Height and Area To "B" Residential Use and "A" Height and Area District. It is proposed that the property will be put to the following use and the following building will be put to the following use and construction: The owners and developers propose to erect one - hundred forty -nine (149) rental units as follows: Ten (10) two -story buildings containing sixty -seven (67) three - bedroom units; two (2) two - and - one -half (2 1/2) story buildings containing forty -eight (48) two - bedroom units; two (2) two - and - one -half (2 1/2) story buildings containing thirty -four (34) one - bedroom units. Number of off - street parking spaces to be provided: two - hundred - and -forty (240). 7. Attached is a copy of (a) an existing plot plan showing my 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. St. Joseph Valley Nursing Home, Inc. 2254 Portage Ave., South Bend, Indiana A by: /s/ B. M. Saucelo John Wilson, /s/ 53825 Arbor, South Bend, Indiana Daniel Premock, /s /, Guana Isle, Ft. Lauderdale, Florida Petition prepared by: George P. Roberts. Councilman Grounds made a motion, second 56 OCTOBER 26, 1970 REGULAR MEETING 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. ORDINANCES, THIRD READING ORDINANCE NO. 5237 -70 AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $4,375.00 FROM ACCOUNT Q -11, "'SERVICES PERSONAL ", TO ACCOUNT Q -724, "RADIO EQUIPMENT ", IN THE FIRE DEPARTMENT BUDGET, ALL BEING WITHIN THE GENERAL FUND. The Ordinance was given third reading. Councilman Grounds made a motion, seconded Craven, for passage of the ordinance. There being no discussion on the motion, the was passed by a roll call vote of 9 ayes (Councilmen Laven, Allen, Reinke, Craven, �Szymkowiak, Wise, Palmer and Zielinski) 0 nays, 0 absent. E NO. 5238 -70 AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $900.00 FROM ACCOUNT Q -11, "SERVICES PERSONAL ", TO ACCOUNT Q -221, "ELECTRIC CURRENT ", IN THE FIRE DEPARTMENT BUDGET, ALL BEING WITHIN THE GENERAL FUND. The Ordinance was given third reading. Zielinski, for passage of the ordinance. was passed by a roll call vote of 9 ayes Szymkowiak, Wise, Palmer and Zielinski) JORDINANCE NO. 5239 -70 by Councilman ordinance Grounds, Councilman Allen made a motion, seconded by Councilman There being no discussion on the motion, the ordinance (Councilmen Laven, Allen, Reinke, Craven, Grounds, 0 nays, 0 absent. AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $8,000.00 FROM ACCOUNT Q -11, "SERVICES PERSONAL ", TO ACCOUNT Q -726, "OTHER EQUIPMENT ", IN THE FIRE DEPARTMENT BUDGET, ALL BEING WITHIN THE GENERAL FUND. The Ordinance was given third reading. Councilman Allen made a motion, seconded by Craven, for passage of the ordinance. There being no discussion on the motion, the as passed by a roll call vote of 9 ayes (Councilmen Laven, Allen, Reinke, Craven, Szymkowiak, Wise, Palmer and Zielinski) 0 nays, 0 absent.- ORDINANCE NO. 5240 -70 r AN ORDINANCE CREATING A DEPARTMENT OF ECONOMIC DEVELOPMENT TO PROVIDE FOR INDUSTRIAL EXPANSION. Councilman ordinance Grounds, he Ordinance was given third reading. Councilman Reinke made a motion, seconded by Craven, for passage of the ordinance. The ordinance was passed by a roll call vote (Councilmen Laven, Reinke, Craven, Grounds, Szymkowiak, Wise, Palmer and Zielinski) an Allen) 0 absent. Councilman Laven then read the communication from the Council as follows: TO: Mayor Lloyd M. Allen (PROM: The Common Council - City of South Bend, Indiana Councilman of 8 ayes 1 nay,(Council- to the Mayor, AN ORDINANCE CREATING A DEPARTMENT OF ECONOMIC DEVELOPMENT TO PROVIDE FOR INDUSTRIAL EXPANSION. e captioned ordinance has been passed by the Common Council on October 26, 1970 by a vote of ayes and 1 nay. The passage of the ordinance allows the creation of the South Bend Economic Development Commission within the provisions of the "Muricipal Economic Development Act of 1965" (Burns 48 -8701 through 48- 8725). It is the opinion of the Common Council that while this Act indicates how the Commission, once created, will function, certain sections should be clarified. t is further acknowledged that the Common Council in and of itself cannot change the letter of he Act, but can, by this expression, communicate its beliefs on its implementation in our City. t must be specifically understood that, this Commission, once created, is in fact responsible as an operating agency to the Executive and Administrative head of the City. This would mean that he Commission staff by, necessity, if operational, would be housed in the County -City Building. urther, the Commission would be communicating to the Executive head or his designee, at least onthly, as to its operations or intended operations. t must be specifically understood that, while the Commission members have the right to appoint and/or employ clerical employees as staff, in accord with Section 48 -8711 (7), this should be done in accord with existing employment practices of the City and through the Personnel Department already in operation in the City. Moreover, it must be understood that the Common Council has the duty and obligation to regulate the compensation of these Commission employees, as they now do he compensation of all other City Employees. We do not intend to relinquish this duty with espect to these City employees. /15? REGULAR MEETING OCTOBER 26, 1970 Memo continued- October 26, 1970- To Mayor Lloyd M. Allen Inasmuch as the Commission must have its formal actions and proposed actions approved by the Common Council, it is suggested that such plans or proposed plans, as they develop, be informally reviewed periodically with the Council's Committee on Industrial Development. Such review should be well in advance of formal Council action and as often as need dictates relative to the operations of the Commission. It is believed that the creation of a Department of Economic Development and the appointment of Commissioners for its operation will be of value to the City as it attempts to create a climate conducive to economic growth and prosperity. It is further expressed that such economic growth should and must come in such a manner as to improve and advance the quality of life that we already enjoy in our community. The nominee of the Common Council will be transmitted to you within ten (10) days after passage of the ordinance as required by statute. THE SOUTH BEND COMMON COUNCIL /s/ Robert 0. Laven, President Councilman Zielinski made a motion, seconded by Councilman Grounds that the above memo be direct- ed to the Mayor. This motion was withdrawn after Councilman Reinke suggested that perhaps other suggestions from Councilmen might be added to the memo. Councilman Allen said she commended Council President.Laven's efforts and will await the results. City Attorney S. J. Crumpacker noted that the Council can adopt a resolution as to how the Commission should operate. He suggested that the Council draw up a resolution at the next informal meeting, Thursday morning, October 30, 1970. It was unanimously agreed to consider this action in the meeting. ORDINANCES, FIRST AND SECOND READING ORDINANCE AN ORDINANCE FOR ADDITIONAL APPROPRIATION FROM THE GENERAL-FUND IN THE AMOUNT OF $2,500.00 TO ACCOUNT T -726, "OTHER EQUIPMENT ", IN THE BUDGET OF THE TRAFFIC DEPARTMENT AND ALL BEING WITHIN THE GENERAL 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 set for public hearing on November 9, 1970. Motion carried. 9 ayes, 0 nays, 0 absent. ORDINANCE AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS TO ACCOUNT MVH -13 "SERVICES PERSONAL - EXTRA AND OVERTIME" IN THE AMOUNT OF $6,000.00, AND TO ACCOUNT MVH -722 "MOTOR EQUIPMENT" IN THE AMOUNT OF $7,000.00 AND THE TRANSFER OF SAID SUMS FROM ACCOUNT MVH -11, "SERVICES PERSONAL - ADMINISTRATIVE" ALL BEING IN THE MOTOR VEHICLE HIGHWAY DEPARTMENT AND ALL BEING WITHIN THE GENERAL FUND. The ordinance was given first reading by title and second reading in full. Councilman Reinke made a motion, seconded by Councilman Allen, that the ordinance be set for public hearing on November 9, 1970. Motion carried. 9 ayes, 0 nays, 0 absent. ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WASTEWATER TREATMENT PLANT OF SOUTH BEND, INDIANA AND DEEDS EQUIPMENT COMPANY, INC., LAWRENCE, INDIANA, FOR PURCHASE OF ONE (1) USED SHIELD BANTAM TRUCK CRANE AND EQUIPMENT IN THE AMOUNT OF $8,000.00. 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 set for public hearing on November 9, 1970. Motion carried. 9 ayes, 0 nays, 0 absent. ORDINANCE AN ORDINANCE ANNEXING TERRITORY TO THE MUNICIPAL CITY OF SOUTH BEND, INDIANA, GENERALLY DESCRIBED AS LYING NORTH OF EDISON ROAD AND WEST OF SOUTH BEND AVENUE. The ordinance was given first reading by title and second reading in full. Councilman Grounds made a motion, seconded by Councilman Palmer, that the ordinance be set for public hearing on November 9, 1970. Motion carried. 9 ayes, 0 nays, 0 absent. H REGULAR MEETING OCTOBER 26, 1970 ORDINANCES, FIRST AND SECOND READING ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 3913, SECTION 7, AND ORDINANCE NO. 4537 -62, SECTION 3, RELATING TO ELECTRIC WIRING STANDARDS. The ordinance was given first reading by title and second reading in full. Councilman Zielinski made a motion, seconded by Councilman Reinke, that the ordinance be given a public hearing on November 9, 1970. Motion carried. 9 ayes, 0 nays, 0 absent. ORDINANCE AN ORDINANCE CHANGING THE NAMES OF CERTAIN STREETS WITHIN THE CITY OF SOUTH BEND. The ordinance was given first reading by title and second reading in full. Councilman Allen made a motion, seconded by Councilman Zielinski, that the ordinance be given a public hearing on November 9, 1970. Motion carried. 9 ayes, 0 nays, 0 absent. UNFINISHED BUSINESS Councilman Allen noted the fact the loitering resolution did not appear on the agenda this evening as it was requested, however, she said it is on its way. She also stated that the trash pick -up committee would meet again in December. Committees were formed at the October 22, 1970 meeting and they will start investigations and will report at the December meeting. She read a list of the citizens serving on the committees and they are as follows: Messrs. Eli Miller, Max Bray, Robert Wardlow (or Kenneth Buhle), Stanley Przybylinski, Robert Weymon, Peter Bognar, Stanley Ladd (or representative) and David Wells, City Engineer Department. The Councilmen active on the Committee are: Councilmen Laven, Allen,-Reinke and Zielinski. Council President Laven commended Councilman Allen for getting the work done concerning the organization of the trash - pick up committee. Councilman Craven noted that the City Clerk had obtained an ordinance from the city of Bowie, Maryland pertaining to disposal of bottles and cans. He said he hoped the City of South Bend can establish something similar in ordinance form. There being no further business to come before the Council, Councilman Allen moved for adjournment, Councilman Zielinski seconded the motion. Motion carried. Time: 11 :34 p.m. ATTEST: APPROVED: PRESIDENT V