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HomeMy WebLinkAbout12-14-70 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, December 14, 1970 at 10 :25 p.m., all members present. The meeting was called to order by Council Presi presided. dent Robert O. Laven, who 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 November 23, 1970 meeting of the Council and found them correct. They therefore recommend that the same be approved. /s/ Robert O. Laven s 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 Miss Virginia Guthrie, Executive secretary of the South Bend Civic Planning Association, thanked the Council for their cooperation and courtsey and for its role in holding down the 1971 tax levy which is now $12.98 for South Bend Taxpayers. Council President Laven announced that the Council's next meeting will an Organizational Meeting held on January 4, 1971 at 7 :30 p.m. for the purpose of election of officers for 1971. The nex Business Meeting will be on January 11, 1971. Mr. Richard Trowbridge, 912 S. Gladstone Avenue, complained that he has been before the Council on three occasions asking for construction of sidewalks on Lombardy Dr, and has gotten nowhere. His complaint was to be relayed to City Engineer Taylor by Mr. Wells, Engineering Dept. REGULAR MEETING DECEMBER 14, 1970 CITIZENS REQUESTS - MISCELLANEOUS MATTERS (Cont'd.) Mr. Roman Kowalski, 802 Birchwood St., South Bend, asked the Council to listen more to the public who attend the Council meetings. He said there seems to be a lack of communication between the people and those in office. Council President Laven said he concurred with Mr. Kowalski's statement and that he believed the communication problems should be solved. REPORT FROM AREA PLAN COMMISSION December 10, 1970 Mr. Robert Laven, President Common Council of the City of South Bend County -City Building South Bend, Indiana Re: Ord. 5173 -70 Dear Mr. Laven: Please be advised Mr. Dwain Bower of Bower Homes, Inc. submitted a request to the Area Plan Commission at its regular meeting held on November 17, 1970 to change the site development plan that was approved along with the petition to rezone property located at 3533 East McKinley Highway. The Area Plan Commission recommended approval of the subject petition at its regular meeting of February 17, 1970, and it was subsequently approved by the Common Council. The approved site development plan restricted vehicular access from McKinley Highway to a single drive. The proposed change to the site development plan involved the construction of an addition- al drive off from McKinley Highway. Field checks conducted by the Area Plan Commission staff and the City Building Commissioner revealed that Mr. Bower had already constructed two drives off from McKinley Highway without securing proper permits. This, of course, is in addition to the fact that the two drives are in violation of the approved site development plan. The Area Plan Commission, following due consideration, determined that conditions had not changed that would support the need for two separate drives in place of a single driveway that was previously approved. Thus, the request as presented by Mr. Bower was denied. Sincerely yours, /s/ Howard Bellinger, Executive Director HB:eb Council President directed the Clerk to send a communication to Mr. Bellinger asking him what can be done about this situation and what the Council can do to help solve the matter. There being no objections, the report was accepted as read and placed on file. REPORT FROM AREA PLAN.COMMISSION December 10, 1970 Mr. Robert Laven, President Common Council of the City of South Bend County -City Building South Bend, Indiana Dear Mr. Laven: Re: Ord. 5170 -70 South Side of Edison Rd. West of Hickory Rd. Enclosed please find a revised site plan of D. & L Construction Company for their turnkey housing site on East Edison Road. The changes from the original involve separation of buildings into groups of two with one exception. This building was split into a duplex and fourplex. It is the Plan Commission's understanding that these revisions were required by the Federal Government agency of the developer. The Area Plan Commission, at their December 9, 1970, meeting determined that this new plan did not differ substantially from the first, thus would not require a new public hearing. If there are any questions, we will be happy to answer them. Sincerely yours, /s/ Howard Bellinger, Executive Director DC /eb There being no objections, the report was accepted as read and placed on file. REGULAR MEETING DECEMBER 14, 1970 REPORT FROM THE CITY CONTROLLER The report of City Controller, James A. Bickel, for the month of October, 1970, was submitted to the Council, each Councilman having received a copy of the report prior to the meeting. There being no objections, the report was accepted 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 Chapter 40 of the Municipal Code of South Bend as hereinafter requested, and in support of this application, the following facts are shown: 1. The property sought to be rezoned is located at the Northeast corner of Ironwood Drive and Colfax Avenue, being a parcel of unimproved land 307.57 feet running North and South facing on Ironwood and 290.5 feet East and West on Colfax, approximately 2.28 acres. 2. The property is owned by Jerry Claeys, Jr, and Evadna Claeys, husband and wife, subject to option to purchase in favor of Crowe, Chizek and Company. 3. A legal description of the property is as follows: Lot Numbered 57 Fifty -seven except One Hundred Twenty -three and Fifty -nine hundredths feet (123.59) off the South side, in Jefferson Heights Addition to the City of South Bend. 4. It is desired and requested that the foregoing property be rezoned from "A" Use and "A" Height and Area District, to "B" Use and "A" 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: A 1 -story masonry building approximately 57 feet x 146 feet to be used for an accounting office. 6. Number of off - street parking spaces to be provided: Approximately 80. 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. /s/ Jerry Claeys, Jr. /s/ Mendel Piser /s/ Evadna Claeys Crowe, Chizek and & Ca., By: Mendel Piser Signature of Petitioners 3517 E. Jefferson Blvd. South Bend, Indiana Address Petition prepared by: Nicholas P. Cholis, 905 St. Joseph Bank Bldg., South Bend, Indiana Councilman Grounds made a motion, seconded by Councilman Palmer, that the petition be referred to the Area Plan Commission for further study. Motion carried. 9 ayes, 0 nays, 0 absent. 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 Wise so moved. Councilman Zielinski seconded the motion. Motion carried, unanimously. ORDINANCES, THIRD READING ORDINANCE NO. 5256 -70 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA. (South Side of 3000 Block of Edison Road) The ordinance was given third reading. Councilman Allen made a motion, seconded by Councilman Zielinski, for passage of the ordinance. There being no discussion on the motion, the ordinance was passed by a roll call vote of 8 ayes (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Palmer and Zielinski) 1 nay (Councilman Wise) 0 absent. ORDINANCE NO. 5257 -70 AN ORDINANCE AMENDING ORDINANCE NO. 4537 -62, SEC. 3, BEING SEC. 11 -19 OF THE MUNICIPAL CODE, RELATING TO ELECTRIC WIRING STANDARDS, AS AMENDED. The ordinance was given third reading. Councilman Grounds made a motion, seconded by Councilman Reinke, for the acceptance of the amendments. Motion carried. 9 ayes (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Wise, Palmer and Zielinski) 0 nays, 0 absent. Councilman Reinke made a motion, seconded by Councilman Zielinski, for passage of the ordinance, as amended. Motion carried. 8 ayes, (Councilmen Allen, Reinke, Craven, Grounds, Szymkowiak, Wise, Palmer and Zielinski) 1 nay (Councilman Laven) 0 absent. Councilman Laven said correspondence with several cities adopting the code resulted in replies showing the code was modified in certain cities. HIMd REGULAR MEETING DECEMBER 14, 1970 ORDINANCES. FIRST AND SECOND READING ORDINANCE AN ORDINANCE APPROPRIATING THE SUM OF $150,000.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND. The ordinance was given first reading by title and second reading in full. Councilman Grounds made a motion the Ordinance be set for public hearing on January 11, 1971. Councilman Palmer seconded the motion. Motion carried. 9 ayes, 0 nays, 0 absent. nnnTNANOR AN ORDINANCE APPROPRIATING THE SUM OF ,$25,350.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND. The ordinance was given first reading by title and second reading in full. Councilman Reinke made a motion, seconded by Councilman Zielinski, that the ordinance be set for public hearing on January 11, 1971. Motion carried. 9 ayes, 0 nays, 0 absent. ORT)TNANrP. AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS FROM THE REDEVELOPMENT FUND TO ACCOUNT NO. 11, "SERVICES PERSONAL ", IN THE AMOUNT OF $28,146.00; TO ACCOUNT NO. 62, "RETIREMENT AND SOCIAL SECURITY ", IN THE AMOUNT OF $4,437.00; AND TO ACCOUNT NO. 64, EMPLOYEE'S GROUP INSURANCE ", IN THE AMOUNT OF $444.00, ALL ACCOUNTS BEING WITHIN THE REDEVELOPMENT FUND. The ordinance was given first reading by title and second reading in full. Councilman Palmer made a motion, seconded by Councilman Reinke, that the.ordinance be set for public hearing on January 11, 1971. Motion carried. 9 ayes, 0 nays, 0 absent. UNFINISHED BUSINESS Council- President Laven requested Council Vice - President Reinke to assume the duties of the chair as he stepped down to present unfinished business. Council- President Laven announced that he wou] like to move that the Ordinance Committee be relieved of its duty concerning the ordinance refer- red to their committee on the approval of a contract between the Water Works Department and the Associated Realty for the purchase of property. Councilman Grounds seconded the motion. Council- man Allen stated the Council is out of order. Councilman Wise said he saw no reason to bring it out for public hearing. Councilman Grounds said the administration should not be left dangling and he believed the Council should make a decision on the ordinance by either voting it up or down. Attorney Crumpacker said the Ordi- nance Committee can be discharged from duty only by the Council giving a majority vote to bring the ordinance for hearing. Councilman Grounds stated that the Ordinance Committee was deadlocked. Councilman Grounds made a motion, seconded by Councilman Laven, for a five- minute recess. Motion carried. 9 ayes, 0 nays, 0 absent. Time: 11:00 p.m. The Council reconvened at 11:05 p.m. Councilman Grounds, Chairman of the ordinance Committee, announced that after conferring with members of the committee, the vote was 2 ayes and 2 nays, therefore, the ordinance cannot be brought out of committee. Councilman Laven stated that he didn't finish stating his motion and would like to restate his motion as follows: To relieve the Ordinance Committee of its duty concerning the "Ordinance approving a contract between the Water Works of South Bend, Indiana and the Associated Realty Corporation of South Bend, Indiana for purchasing of property located at 750 Chapin Street, South Bend, Indiana, in the amount of $80,000.00" and the Ordinance be set for second reading on January 11, 1971. Councilman Allen made a motion to amend Councilman Laven's motion by deleting January 11, 1971, and inserting the date December 14, 1970 (present meeting date) for second reading and third reading (final vote). Councilman Zielinski seconded the motion. Motion carried 8 ayes, 1 nay, 0 absent. Councilman Laven's motion, as amended, carried 7 ayes, 2 nays, 0 absent. ORDINANCES, SECOND READING AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WATER WORKS OF SOUTH BEND, INDIANA, AND ASSOCIATED REALTY CORPORATION OF SOUTH BEND, INDIANA, FOR PURCHASING OF PROPERTY LOCATED AT 750 CHAPIN STREET SOUTH BEND, INDIANA, IN THE AMOUNT OF $80,000.00. The Ordinance was given second reading in full. City Attorney S. J. Crumpacker spoke in favor of purchasing the site. He said the Board of Works had agreed that the site chosen by Director of Utilities John Hunter was a good one and that the cost was within reason, and, the heating for the present btil.ding will be discontinued about June, 1972, resulting in the need to purchase a new furnace. He reminded the Council of the already crowded space in the new County -City Bldg.., and said the Council must look 50 to 70 years ahead in their planning. Most important, he said the present space will be utilized by the Downtown Urban Renewal Department. Councilman Reinke said the Olive Street site should be given consideration for this type of future expansion. Councilman Zielinski moved for third reading of the ordinance. Councilman Allen seconded the motion. Councilman Grounds and Laven stated that a decision will have to be made on this ordi- nance and they agreed that the Water Works site should not be taken from the downtown area and placed at the Chapin Street address. Councilman Zielinki's motion carried. 1 1 Fj 1 REGULAR MEETING ORDINANCES, THIRD READING ORDINANCE DEFEATED DECEMBER 14. 1970 485 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WATER WORKS OF SOUTH BEND INDIANA, AND ASSOCIATED REALTY CORPORATION OF SOUTH BEND, INDIANA, FOR PURCHASING OF PROPERTY LOCATED AT 750 CHAPIN STREET, SOUTH BEND, INDIANA, IN THE AMOUNT OF $80,000.00 The Ordinance was given third reading. Councilman Zielinski made a motion, seconded by Council- man Szymkowiak, that the ordinance be defeated. There being no further discussion on the motion, the motion carried. 9 ayes, (Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Wise,' Palmer and Zielinski) 0 nays, 0 absent. (Councilman Laven having voted nay, changed his vote to aye before the vote count was announced) Council -Vice- President Reinke then turned the meeting over to Council- President Robert O. Laven. There being no further business to come before the Council, Councilman Zielinski moved for adjournment. Councilman Allen seconded the motion. Motion carried. Time: 12:35 a.m. I ATTEST: APPROVED: / PRESIDENT f