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HomeMy WebLinkAbout11-23-70 Council Committee of the Whole Meeting MinutesREGULAR MEETING November 23, 1970 Be it remembered that the Common Council of the City of South Bend, Indiana, me Chambers in the County -City Building on Monday, November 23, 1970 at 8:05 p.m., present. The Meeting was called to order by Council President Robert 0. Laven. was given by Reverend Birt Harris, Good Shepherd Church, 1021 Manchester Drive, Indiana. POT.T, CAT.T, PRESENT: Councilmen Laven, Allen Reinke, Craven, Grounds, Szymkowiak, Wise, Palmer and Zielinski ABSENT: None RESOLVE INTO THE COMMITTEE OF THE WHOLE t in the Council with all members The invocation South Bend, Council President Laven entertained a motion to resolve the Council into the Committee of the Thole on the State of the City to consider the items listed on the agenda for the consideration of the Committee of the Whole. Councilman Allen so moved and Councilman Zielinski seconded the motion. Motion carried. Time: 8:07 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, November 23, 1970 at 8:08 p.m.., all members present. The meeting was called to order by Chairman William W. Grounds, who presided. nPnTNANCF 0 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA - 1962 SECTION 40 AS AMENDED AND GENERAL ORDINANCE NO. 4990 -68, AND THE ACCOMPANYING MAP THERETO, GENERALLY KNOWN AS THE SOUTH BEND ZONING ORDINANCE BY CHANGING THE CLASSIFICATION OF THE USE DISTRICT FOR A CERTAIN PARCEL OF LAND. (State Rd. #23, 18343 South Bend Ave. & Vaness Street, Site #1) 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. Doug Carpenter, Senior Planner of the Area Plan Commission, stated that the petition was submitted last year to the Council for zoning of this tract of land. He said the petitioner has now complied with the approved site pl requested by the Area Plan Commission and they were now asking for a C -1 Commercial zoning. Councilman Laven made a motion, seconded by Councilman Wise, to amend the ordinance restricting the use of the tract to eight uses. Motion carried. 9 ayes, 1 nay, 0 absent. Councilman Laven made a motion, seconded by Councilman Wise, that the ordinance go to the Council as favorable. Councilman Laven withdrew his motion and moved to reconsider his amendment, seconded by Council- man Wise, motion carried. 9 ayes, 0 nays, 0 absent. Councilman Laven made a motion, seconded by Councilman Wise that item eight (8) Office Equipment Sale% be deleted from the amendment, and that the_ amendment to the ordinance read as follows: In Section l., at the end of the last sentence, after the words, "Area Plan Commission change the period to a comma and add the following: "for use only as follows: (1) Pro- fessional Office Building; (2) Barber Shop; (3) Beauty Shop; (4) Florist; (5) Drug Store; (6) Meat Market; (7) Office Building." Motion carried. 8 ayes, 1 nay, 0 absent. Councilman Zielinski made a motion, seconded by Councilman Szymkowiak, that the ordinance go to the Council as favorable, as amended. Motion carried. 8 ayes (Councilmen Laven, Reinke, Craven, Grounds, Szymkowiak, Wise, Palmer and Zielinski) 1 nay (Councilman Allen) 0 absent. 470 COMMITTEE OF THE WHOLE MEETING nRDTNANC F: This being the opponents were the Area Plan but was to be by Councilman NOVEMBER 23, 1970 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA - 1962 SECTION 40 AS AMENDED AND GENERAL ORDINANCE NO. 4990 -68, AND THE ACCOMPANYING MAP THERETO GENERALLY KNOWN AS THE SOUTH BEND ZONING ORDINANCE BY CHANGING THE CLASSIFICATION OF THE USE DISTRICT FOR A CERTAIN PARCEL OF LAND. (State Road #23, 18401 South Bend Avenue, Vaness Street, Site #2) time heretofore set for public hearing on the above ordinance, proponents and given an opportunity to be heard thereon. Mr. Doug Carpenter, Senior Planner of Commission stated this site was south of the foregoing ordinance and was smaller used for the same seven usages as Site #1. Councilman Laven made a motion, seconded Szymkowiak, that the ordinance be amended to read as follows: In Section 1., at the end of the last sentence, after the change the period to a comma and add the following: "for fessional Office Building; (2) Barber Shop; (3) Beauty Store; (6) Meat Market; (7) Office Building." Motion carried.8 ayes, 1 nay, 0 absent. Councilman Szymkowiak man Laven, that the ordinance go to the Council favorable, as 2 nays, 0 absent. ORDINANCE words "Area Plan Commission." use only as follows: (1) Pro - Shop; (4) Florist; (5) Drug made a motion,, seconded by Council - amended. Motion carried. 7 ayes, AN ORDINANCE AMENDING THE SUPPLEMENTING ORDINANCE 4990 CHAPTER 40 OF MUNICIPAL CODE (Formerly Zoning Ordinance 3702). (Kensington Farms Subdivision and Crest Manor- - generally located east of Miami Road)AS AMENDED. 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. Doug Carpenter, Senior Planner of the Area Plan Commission said this piece of property is now in the City, the Court having ruled in favor of the City's request for annexation after a remonstrance was filed a few years ago. He said their attorney had advised them to proceed with the zoning even though the'case has been appealed to an upper court. City Attorney S. J. Crumpacker agreed. He said the ordinance will become void if the courts reverse the decision of the Circlt Court. Councilman Reinke said the zoning will remain the same as zoned in the County at the present time - - "A" Residential, however, County and City zoning do differ in usage. Councilman Reinke made a motion, seconded by Council- man Palmer, that the ordinance go to the Council as favorable. Motion carried. 9 ayes, 0 nays, 0 absent. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE 4990 - CHAPTER 40 OF MUNICIPAL CODE (Formerly Zoning Ordinance 3.702) AS AMENDED (Approximately 119.66 acres between York Rd. & Ironwood Rd., South of Jackson Rd., commonly known as 4 -H Fairgrounds) 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. Doug Carpenter, Senior Planner of Area Plan Commission said this is recently annexed land to the city and there is no appeal before the courts on this annexation. The 4 -H Grounds and the TV tower would be non - conforming use and expansion of these uses would be possible through the issuance of a Special Use permit granted by the Board of Zoning Appeals. However, if they want a change of zoning, it will have to come before the Common Council for approval. Councilman Reinke 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 $5,768.45 FROM THE MOTOR VEHICLE HIGHWAY FUND TO ACCOUNT MVH -42, "STREET AND ALLEY MATERIALS." 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 that this ordinance was a companion ordinance to the following ordinance on the agenda, item #0. He.gave an explanation of the manner.in which the local road and street funds must be sought and appropriated. He said this amount is to cover the cost of street construction projects which have qualified under the Local Road and Street Program and this ordinance permits the city to put MVH money received from the state into the various project accounts. Miss Virginia Guthrie Executive Secretary of the South Bend Civic Planning Association said his explanation was con- fusing and unsatisfactory and contended that there was a duplication in the bills involving the street funds. City Controller James Bickel said the legislature sets out the procedures to folbw. 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 NOVEMBER 23, 1970 nRDTNANrR AN ORDINANCE TO APPROPRIATE $22,819.47 FROM THE LOCAL ROAD AND STREET FUND TO THE ACCOUNT "SERVICES CONTRACTUAL ", BEING 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 that this ordinance was a companion ordinance to the foregoing ordinance on the agenda, item #7, (Appropriation for $5,768.45) and both ordinances were discussed and public hearing held at the same time. He said this ordinance was introduced several weeks ago and the public hearing was continued until the companion ordinance could be introduced and set for hearing. Councilman Laven made a motion, seconded by Councilman Allen, that the ordinance go to the Council as favorable. Motion carried. 9 ayes, 0 nays, 0 absent. nRnTNAWrR AN ORDINANCE APPROPRIATING THE SUM OF $315,000.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING 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. Mr. David Wells, Sanitary Engineer, Engineering Department, explained that this appropriation was for the construction of a 30 -inch sanitary sewer to serve Gilmer Park and the Forest G. Hay School on Johnson Road. He said the sewer is justified and is recommended from an engineering and social point of view. Mr. Andrew Toth, South Bend architect, stated that his plan for solving storm drainage problems would be much more economical. City Engineer Lloyd Taylor stated that three professional engineering firms hired to develop new ideas for handling storm water did consider Mr. Toth's plan but discarded the idea because of the great expense involved. Mr. Wells said the School Corporation has contributed $40,000.00 as their share in the construction of this sewer. Councilman Grounds objected to the money being spent outside the City, claiming his district is in need of sewers also. He said the Taxpayers of South Bend are putting up the money for county installation of sewers. Councilman Fredrick Craven said he agrees with Councilman Grounds, especially in view of the remonstrance Gilmer Park residents put up to annexation of their area. Councilman Zielinski made a motion, seconded by Councilman Szymkowiak, that the ordinance go to the Council as favorable. Motion carried. 9 ayes, 0 nays, 0 absent. ORDINANCE AN ORDINANCE AMENDING SECTION 35 -15 OF THE MUNICIPAL CODE RELATING TO DOWNSPOUTS. This being the time heretofore set for public hearing on the above ordinance,p:,oponents and opponents were given an opportunity to be heard thereon. City Engineer Lloyd Taylor explained this ordinance required that downspouts on new buildings could no longer drain into the existing sewers. Mr. Andrew Toth, South Bend architect, stated that this method of disposing of storm water would cause contamination of our St. Joseph River. He stated that his idea to trap storm water under sidewalks and allow it to drain back into the ground was more feasible. Mr. Taylor said this ordinance would up -date the existing ordinance and it would comply with the governments requirements to remove water from paved area downtown in our renewal area. Councilman Palmer made a motion, seconded by Councilman Craven, that the ordinance go to the Council as favorable. Motion carried. 9 ayes, 4 nays, 0 absent. ORDINANCE, AN ORDINANCE FOR ADDITIONAL APPROPRIATION FROL THE GENERAL FUND IN THE AMOUNT OF $2,000.00 TO ACCOUNT Q -2621 "MEDICAL, SURGICAL & DENTAL", IN THE BUDGET OF THE FIRE DEPARTMENT AND ALL BEING WITHIN THE GENERAL 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. Fire Chief Joseph Zurat explained that this amount will pay for hospital expenses incurred by an injured Fireman. Miss Virginia Guthrie, South Bend Civic Planning Association, admitted that this was an emergency appropriation. Councilman Zielinski made a motion, seconded by Councilman Allen, that the ordinance go to the Council as favorable. Motion carried. 9 ayes, 0 nays, 0 absent. nRDTNANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION FROM THE GENERAL FUND IN THE AMOUNT OF $22,500.00 TO ACCOUNT B -53, "REFUNDS, AWARDS AND INDEMNITIES" IN THE OFFICE OF THE CITY CONTROLLER. This being the time heretofore set for public hearing on the abo-%e ordinance, proponents and opponents were given an opportunity to be heard thereon. City Attorney S. J. Crumpacker explain- ed this appropriation was needed to settle a court suit stemming from an accident with a police car. He said judgement has been rendered and the City is obligated to pay and funds are availabl Councilman Laven made a motion, seconded by Councilman Palmer, that the ordinance go to the Council as favorable. Motion carried. 9 ayes, 0 nays, 0 absent. 17 REGULAR MEETING NOVEMBER 23, 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: 10:10 p.m. ATTEST: APPROVED: / CHAI