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HomeMy WebLinkAbout01-11-71 Council Committe of the Whole Meeting MinutesREGULAR MEETING JANUARY 11, 1971 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, January 11, 1971, at 8:00 p.m. with all members present. The meeting was called to order by Council President Robert O. Laven. The invocation was given by Council President Robert O. Laven. ROLL CALL PRESENT: Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak Wise, Palmer and Zielinski. ABSENT: None. 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 Grounds so moved and Councilman Zielinski seconded the motion. Motion carried. Time: 8:02 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 of Monday, January 11, 1971 at 8:03 p.m., all members present. The meeting was called to order by Chairman William W. Grounds, who presided. 0 COMMITTEE OF THE WHOLE MEETING JANUARY 11, 1971 COMMITTEE OF THE WHOLE MEETING (Contd.) ORDINANCE AN ORDINANCE APPROPRIATING THE SUM OF $150,000.00 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. City Engineer Lloyd Taylor and Sanitary Engineer David A. Wells explained the need for the appropriation. They said in November, 1970, in order to expedite the construction of Lagoon "KII, they requested the transfer by Resolution of $150,000.00 from the Sampson & Randolph Streets area (Clyde Creek) Project III Fund to the Lagoon "K" Project I Fund. It was understood at that time that they would reimburse the Sampson & Randolph Project with an appropriation from the Cumulative Sewer Building and Sinking Fund. This ordinance, they said, covers that reimbursement. Miss Virginia Guthrie, Exec. Secretary South Bend Civic Planning Assoc. asked if this was part of what is needed to take care of the deplorable situation of flooding around Sample & Randolph. Mr. Taylor replied yes this was true. Councilman Palmer made a motion, seconded by Councilman Wise, that the ordinance go to the Council as favorable. Motion carried. 9 ayes, 0 nays, 0 absent. (See Res. #254 -70 & Ord. #5154 -70) ORDINANCE AN ORDINANCE APPROPRIATING THE SUM OF $25,350.00 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. City Engineer Lloyd Taylor stated that the appropriation is for the extension of the sanitary trunk sewer in the area north of Douglas Road and west of Bendix Drive (Airport Industrial Park, Phase III) which was recently annexed to the City. Bids taken for the construction of the sewer by the Board of Works show that the Haskins Excavating Co. of Lakeville was low bidder for $20,798.00. Engineering costs will be about $2495.00 (12% of $20,798) The additional amount requested is to cover any contingency that might develop during construction. Councilman Reinke 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 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. 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 Controller James A. Bickel stated that when the 1971 departmental budget proposals were submitted personnel requirements in the Dept. of Redevelopment were inadvertently omitted. The purpose of this ordinance is to appropriat funds for the continuation of the relocation activities using the 1971 salary schedule as approved by the Council. This ordinance proposes an appropriation from surplus in the Redevelopment Fund. He said there is no levy for 1971 and there will be a surplus on January 1st of a ]east $60,000.0 and funds are therefore available. (He stated no official action could be taken3�ause the error was discovered after legal publication of the 1971 proposed budget.) Mrs. Fred Mutzel, 320 Parkovash, South Bend asked if the ordinance had anything to do with Code Enforcement. Mr.. Bickel replied it didn't. Councilman Reinke made a motion, seconded by Councilman Craven, that the ordinance go to the Council as favorable. Motion carried. 9 ayes, 0 nays, 0 absent. [QVAI AN ORDINANCE ANNEXING TERRITORY TO THE MUNICIPAL CITY OF SOUTH BEND, INDIANA, GENERALLY DESCRIBED AS LYING NORTH OF DARDEN ROAD, WEST OF LAUREL ROAD, SOUTH OF AUTEN ROAD AND EAST OF THE ST. JOSEPH RIVER. 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 read statis- tics relating to the area, gave a time -table of services to be provided by the City and said most would be available immediately, lighting in six months and water service within three years. He said the developer has installed sewers for connection to the city system and he stated that the city would have benefited from an increased tax base, after the residential area was developed. He read a letter of consent for annexation from fe Board of Managers of Healthwin Hospital and the St. Joseph County Commissioners which read as follows: 488 COMMITTEE OF THE WHOLE MEETING JANUARY 11, 1971 IlDecember 9, 1970 Mr. Robert Laven President South Bend Common Council 227 West Jefferson Boulevard South Bend, Indiana II Dear Mr. Laven, This will confirm our telephone conversation of December 8, 1970, concerning the possible annex- ation of the Healthwin Hospital property by the City of South Bend. iThe Board of Managers of Healthwin Hospital discussed this question at its last regular meeting on November 24, 1970. IIThe concensus of the Board is that there will be no opposition on the part of the Board to this annexation. IlVery truly yours, /s/ Wallace D. Buchanan, M.D. President Board of Managers Healthwin Hospital II WDB : vh II November 20, 1970 Mr. Robert Laven, President City of South Bend Common Council South Bend, Indiana II Dear Mr. Laven: t e Board of County Commissioners has no objection to your annexation plan which includes the althwin Hospital property. Furthermore, we see no reason why there should be any objection on the part of the Healthwin Board. If you wish to call Dr. Buchanan at Healthwin in regard to this, you may. Sincerely, /s/ Keith A. Klopfenstein, President ST. JOSEPH COUNTY COMMISSIONERS 11 KAK /vrk City Attorney S. J. Crumpacker explained the annexation laws and declared that the annexation was voluntary, since it was sought by the owners of the land, and therefore many of the criteria that apply 1 to annexation requirements do not apply, therefore, the Council was treating the petition for annexation as a voluntary annexation proposal. Those speaking against the proposed annexation were: Mr. Keith E. Gillette, 19491 Brick Road, South Bend; Mr. Lloyd Marlin, President of the Concerned Clay Citizens Committee; Mr. Otis Romine, Clay Township Trustee; Mr. James Reinbold, 17841 Ponader Drive, South Bend; Mrs. Bert McClellan Mrs. Moore, 20447 Darden Rd.; Mrs. George Craig, 19645 Glendale Avenue; Mr. Clarence E. Manion, 51187 Laurel Road; Mr. Kenneth Yeagley, 4306 Meadow Lane and R. Kent Rowe, attorney, who represente4 the Concerned Citizens for Clay Township. Mr. Manion said this annexation is astep in the direction of the complete urbanization of St. Joseph County which began with the annexation of the Darden Road project and if the city limits are extended to Auten Road, it can immediately annex the territory adjacent to it to the East going to the Elkhart and Michigan line. Mr. Yeagley, speaking for the Meadowview Home Owners, said the home owners of the Cleveland & Ironwood area are not pleased with the annexation proposal, Mr. Lloyd Marlin stated that the City cannot now maintain proper care of streets, water and sewer in South Bend and city problems will increase if they annex. Mr. Romine said developers are welcome in the community and Clay has no objections to orderly annexation. He claimed the residents of Clay Township would betaking on added tax burdens in which they have no voice and they cannot be assured of city services. He asked that the proposed plan be abandoned. Mr. James Reinbold said he was attending the meeting and speaking because he didn't want to see Clay Township lose the newly developed Clay Park. Mrs. Helen Burns, 51006 Lily Rd. asked that a study ,of the school situation be made before annexation is done. Mr. Henry Keultjes, 53220 Juniper Rd. and Clay businessman, said the school situation in Clay high schools is crowded and very bad. Mr. Otis Romine read a letter from the Clay Township Advisory Board as follows: M COMMITTEE OF THE WHOLE MEETING JANUARY 11, 1971 To the Members of the South Bend Common Council and others who it may concern; We, the undersigned members of the Clay Township Advisory Board, have agreed among ourselves and have resolved that further annexation of land within the Township of Clay by the City of South Bend is unwarranted and unneeded and that we as individuals and as a Board do oppose such annexations. Proposals such as the one which is now before the Common Council of South Bend serve no useful purpose, and we respectfully suggest that such proposals be abandoned. it is our desire that the Trustee of Clay Township shall take necessary and desirableto present and support such practical annexation as may be useful and constructive. We pledge our to this effort. (William J. Elmore, President /s/ A. H. Choitz, Secretary /s/ Howard J. Hentz, Sr., Member /s/ M. Dale Harbaugh, Member- elect /s/ Carl S. Thompson, Member- elect /s/ whatever part as can be deemed actions in opposition to further support as Clay Township Citizens Mr. R. Kent Rowe, attorney for the Concerned Citizens of Clay Township, stated that the County Commissioners will not make a commitment on the petition submitted to them by the Clay remonstra- tors until the City Council acts on this petition tonight. He said there was no authority for the letter submitted by Keith Klopfenstein, former president of the St. Joseph County Commissioners, and there was no such record in the minutes of their meetings of having made a decision on the annexation proposal'. He said the Clay Park property is held in trust for the people by the County Commissioners. He said the other Commissioners denied giving consent to the letter submitted by Mr. Klopenstein. Councilman Allen made a motion for recess, seconded by Councilman Zielinski. Motion carried. Time: 8:55 p.m. The Council reconvened at 9:10 p.m. Councilman Reinke stated the proposed annexation area is now zoned residential and if annexed would be zoned residential. He said single - family units would be built instead of the planned multiple - family units. He assured the residents the city would be able to furnish city services and adequate police and fire protection also. Council - President Laven stated that annexation is important and said this was a petitioned annexation proposal by the Greenland Development Company. He reminded the residents in attendance that the sewers are already being installed in the newly annexed Center township area - -they were done 45 days after the contract was let. Councilman Allen read the minutes (excerpts) from the Area Plan Commission public hearings con- cerning the Greenland petition. She stated this proposal may be perfectly legal but it isn't in line with what we started out to do. Councilman Laven made a motion, seconded by Councilman Reinke, that the ordinance go to the Council as favorable. Motion defeated. 2 ayes, 6 nays, 1 abstention, 0 absent. Councilman Craven made a motion, seconded by Councilman Allen, that the ordinance go to the Council as unfavorable. Motion carried. 6 ayes, 3 nays, 0 absent. 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: 10:55 p.m. ATTEST: APPROVED: �j Z � �/�, �� �