HomeMy WebLinkAbout03-22-71 Council Meeting MinutesQ
ti' 8
REGULAR MEETING MARCH 22, 1971
REGULAR 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, March 22, 1971, at 9:16 p. m., all
members present. The meeting was called to order by Council President Robert 0. Laven, who
presided.
REPORT OF THE 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 March 8, 1971 meeting of the Council and found them
correct. They therefore recommend that the same be approved.
s/ Robert 0. Laven
s/ Janet S. Allen
Isl Albert E. Palmer
There being no objections, the report was accepted as read and placed on file.
Council President Laven announced that the Council had unanimously consented to hold the public
hearings on the Resolutions( #28, #24, #25, #26, and #27)at this time.
RESOLUTIONS NO. 265 -71
A RESOLUTION APPROVING AN AGREEMENT WITH THE
INDIANA BELL TELEPHONE CO., INC., FOR THE
INSTALLATION OF A FIRE ALARM SYSTEM.
WHEREAS, the City of South Bend presently has an out -dated fire alarm system which is
both expensive to operate and of limited unility; and
WHEREAS, the Indiana Bell Telephone Co., inc. has proposed to install and maintain
for use by the City of South Bend a modern special emergency reporting system; and
WHEREAS, in the opinion of the Council, the proposed special emergency reporting
system will be both more economical to operate and more effective in protecting the City from
fires;
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana:
SECTION I. That the proposed contract between the City of South Bend, Indiana, and
the Indiana Bell Telephone Co,, Inc., a copy of which is attached hereto, is hereby approved.
SECTION II. That the Board of Public Works and Safety of the City of South Bend is
hereby authorized to execute said contract for and on behalf of the City of South Bend, Indiana.
/s/ William W. Grounds
Member of the Common Council
A public hearing on the resolution was held at this time. City Controller James A. Bickel said
the City has been investigating since 1965, emergency systems - -two major points of consideration
was a realistic system at a low cost and one that would reduce false alarms. The Bell Telephone
System will accomplish this, he said. The plan, he stated, was submitted to the American
Insurance Association and had their approval. Mr. Ron Leibert from the Indiana Bell Telephone
Company showed slides of the system installed in other cities and said there have been cities
with 95% reduction in false alarms. Mr. Bickel said completion date is set at September 1. 1971
and the plan involves a monthly bill of $2,314.75, however, the installation charge is $2,115.00.
The Telephone company will absorb all maintenance costs. Fire Chief Joseph Zurat said the fact
that the person turning in the alarm has to speak, thus recording the voice, will discourage
young people from turning in false alarms.
Councilman Reinke made a motion, seconded by Councilman Palmer, that the resolution be adopted.
Motion carried by a roll call vote of 9 ayes (Councilmen Laven, Allen, Reinke, Craven, Grounds,
Szymkowiak, Wise, Palmer and Zielinski) 0 nays, 0 absent.
r- a-))
ems+.
REGULAR MEETING MARCH 22, 1971
RESOLUTION NO. 266 -71
RESOLUTION OF THE COMMON COUNCIL OF THE CITY
OF SOUTH BEND, INDIANA, APPROVING THE UNDERTAKING
OF A GENERAL NEIGHBORHOOD RENEWAL PLAN FOR AN
URBAN RENEWAL PROJECT AND THE FILING OF AN
APPLICATION.
WHEREAS, under Title I of the Housing Act of 1949, as amended (herein referred to as
Title I), the Secretary of Housing and Urban.Development is authorized to extend.financial
assistance to local public agencies in the elimination and prevention of the spread of their
slums and urban blight through the planning and undertaking of urban renewal projects; and
WHEREAS, it is desirable and in the public interest that the City of South Bend,
Department of Redevelopment make surveys and prepare a General Neighborhood Renewal Plan, present-
ly estimated to cost approximately One Hundred and Ninety Five Thousand Six Hundred and Seventy -
Five ($195,675) Dollars in order to undertake and carry out an urban renewal project.of the
character contemplated by Section 110 (c) of Title I in the proposed Urban Renewal Area, situated
in the City of South Bend, County of St. Joseph and State of Indiana, which is described as
follows:
SEE ATTACHMENT
NOW THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA:
1. That the proposed Urban Renewal Area described above is a slum, blighted, deterior-
ated, or deteriorating area appropriate for an urban renewal project and that the undertaking
by the City of South Bend, Department of Redevelopment surveys for a General Neighborhood Renewal
Plan for an urban renewal project of the character contemplated by Section 110 (c) of Title I
in the proposed Urban Renewal Area is hereby approved.
2. That the financial assistance available under Title I is needed to enable the City
of South Bend, Department of Redevelopment to finance the planning and undertaking of the
proposed Project.
3. That it is cognizant of the conditions that are imposed in the undertaking and
carrying out of urban renewal projects with Federal financial assistance under Title I, including
those relating to (a) the relocation of site occupants, (b) the provision of local grants -in -aid,
(c) the prohibition of discrimination because of race, color, creed, or national origin, and
(d) the requirement that the locality present to the Secretary of Housing and Urban Development,
as a prerequisite to approval of the application described below, a workable program for commu-
nity improvement, as set forth in Section 101 (e) of Title I, for utilizing appropriate public
and'private resources to eliminate and prevent the development or spread of slums and urban
blight.
4. That it is the sense of this body (a) that a feasible method for the relocation
of individuals and families displaced from the Urban Renewal Area, in conformity with Title I,
can be prepared, and (b) that the local grants -in -aid can and will be provided in an amount
which will be not less than one -third of the Net Project Cost of the Project and which together
with the Federal capital grant, will be generally equal to the difference between Gross Project
Cost and the proceeds or value of project land sold, leased, or retained for use in accordance
with the urban renewal plan.
5. That the filing of an application by the City of South Bend, Department of Redevel-
opment for an advance of funds from the United States of America to enable it to defray the cost
of the surveys and General Meighborhood Renewal Plan for an urban renewal project in the pro-
posed Urban Renewal Area described above is hereby approved.
ATTACHMENT -
BOUNDARY DESCRIPTION
/s/ Robert 0. Laven
A Member of the Common Council of the
City of South Bend, Indiana
The Southeast Neighborhood General Neighborhood Renewal Area is located in the City of South
Bend, County of St. Joseph and State of Indiana and is described as follows:
Beginning at a point formed by the intersection of the north right -of -way line of Western Avenue
and west right -of -way line of Taylor Street; thence in an easterly direction along the north
right -of -way line of Western Avenue to the east right -of -way line of Franklin Street; thence in
a southerly direction along the east right -of -way line of Franklin Street to the north right -
of -way line of Monroe Street; thence in an easterly direction along the north right -of -way line
of Monroe Street to the east right -of -way line of Fellows Street; thence in a southerly direction
along the east right -of -way line of Fellows Street to the north right -of -way line of Monroe
Street; thence in a generally easterly direction along the north right -of -way line of Monroe
Street to the southwest bank of the St. Joseph River; thence in a generally southeasterly direc-
tion along the southwest bank of the St. Joseph River to the northwest property line of the
George Cooper Memorial Bridge interchange; thence in a southwest direction along the northwest
property line of the George Cooper Memorial Bridge interchange to the northeast right -of -way
line of Lincolnway East; thence in a southeasterly direction along the northeast right -of -way
line of Lincolnway East to the center line of the George Cooper Memorial Bridge; thence in a
southwesterly direction along the center line of the George Cooper Memorial Bridge to the pro-
jected northeast right -of -way line of George Avenue; thence in a southeasterly direction along
5
REGULAR MEETING MARCH 22, 1971
RESOLUTION NO. 266 -71 (Continued)
the northeast right -of -way line of George Avenue to the South right -of -way line of Sample Street;
thence in a westerly direction along the south right -of -way line of Sample Street to the east
right -of -way line of High Street; thence in a southerly direction along the east right -of -way line
of High Street to the south right -of -way line of Calvert Street; thence in a westerly direction
along the south right -of -way line of Calvert Street to the west right -of -way line of Franklin
Street; thence in a northerly direction along the west right -of -way line of Franklin Street to
the South right -of -way line of Sample Street; thence in a westerly direction along the south
right -of -way line of Sample Street to the projected northwest property line of the City of South
Bend Municipal Service Facility; thence in a northeasterly direction along the northwest property
line of the City of South Bend Municipal Service Facility to the projected west right -of -way
line of Scott Street; thence in a northerly direction along the west right -of -way line of Scott
Street to the north right -of -way line of the alley paralleling the Penn Central Railroad; thence
in an easterly direction along the north right -of -way line of the alley paralleling the Penn
Central Railroad to the west right -of -way line of Taylor Street; thence in a northerly direction
along the west right -of -way line of Taylor Street to the north right -of -way line of Western Ave.,
which is the point of beginning.
(The public hearing on the above resolution was held at the same time as the following
Resolution No. 267 -71)
RESOLUTION NO. 267 -71
RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND
INDIANA, APPROVING THE UNDERTAKING OF SURVEYS AND PLANS
FOR AN URBAN RENEWAL PROJECT AND THE FILING OF AN APPLICATION.
WHEREAS, under Title I of the Housing Act of 1949, as amended (herein referred to as
"Title I "),-the Secretary of Housing and Urban Development is authorized to extend financial
assistance to local public agencies in the elimination and prevention of the spread of their
slums and urban blight through the planning and undertaking of urban renewal projects; and
WHEREAS, it is desirable and in the public interest that the City of South Bend,
Department of Redevelopment make surveys and prepare plans, presently estimated to cost approxi-
mately Four Hundred and Fifty -Two Thousand, Seven Hundred Seventy Five ($452,775) Dollars in
order to undertake and carry out an urban renewal project of the character contemplated by Sec-
tion 110 (c) of Title I in the proposed Urban.Renewal Area, situated in the City of South Bend,
County of St. Joseph and State of Indiana, which is described as follows:
SEE ATTACHMENT
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA:
1. That the proposed Urban Renewal Area described above is a slum, blighted, deterior-
ated, or deteriorating area appropriate for an urban renewal project and that the undertaking by
the City of South Bend, Department of Redevelopment surveys and plans for an urban renewal
project of the character contemplated by Section 110 (C) of Title I in the proposed Urban
Renewal Area is hereby approved.
2. That the financial assistance available under Title I is needed to enable the City
of South Bend, Department of Redevelopment to finance the planning and undertaking of the pro-
posed Project.
3. That it is cognizant of the conditions that are imposed in the undertaking and
carrying out of urban renewal projects with Federal financial assistance under Title I, including
those relating to (a) the relocation of site occupants, (b) the provision of local grants -in -aid,
(c) the prohibition of discrimination because of race, color., creed, or national origin, and
(d) the requirement that the locality present to the Secretary of Housing and Urban Development,
as a prerequisite to approval of the application described below, a workable program for community
improvement, as set forth in Section 101 (e) of Title I, for utilizing appropriate public and
private resources to eliminate and prevent the development or spread of slums and urban blight.
4. That it is the sense of this body (a) that a feasible method for the relocation
of individuals and families displaced from the Urban Renewal Area, in conformity with Title I,
can be prepared, and (b) that the local grants -in -aid can and will be provided in an amount
which will be not less than one -third of the Net Project Cost of the Project and which together
with the Federal capital grant, will be generally equal to the difference between Gross Project
Cost and proceeds or value of project land sold, leased, or retained for use in accordance with
the urban renewal plan.
5. That the filing of an application by the City of South Bend, Department of Redevel-
opment for an advance of funds from the United States of America to enable it to defray the cost
of the surveys and plans for an urban renewal project in the proposed Urban Renewal Area
described above is hereby approved
/s/ Fredrick D. Craven
A Member of the Common Council of
the City of South Bend,.Indiana
p"4
REGULAR MEETING - CONTINUED MARCH 22, 1971
ATTACHMENT - BOUNDARY DESCRIPTION (RESOLUTION NO. 267 -71 Continued)
Project Number One of the Southeast Neighborhood is located in the City of South Bend, County
of St. Joseph and State of Indiana and is described as follows:
Beginning at a point formed by the intersection of the north right -of -way line of Sample Street
and the west right -of -way line of Michigan Street; thence in an easterly direction on the north
right -of -way line of Sample Street to the east right -of -way line of Carroll Street; thence in
a southerly direction along the east right -of -way line of Carroll Street to the north right -
of -way line of Wenger Street; thence in an easterly direction along the north right -of -way line
of Wenger Street to the east right of -way line of Fellows Street; thence in a southerly direction
along the east right -of -way line of Fellows Street to the south right -of -way line of Indiana
Avenue; thence in a westerly direction along the south right -of -way line of Indiana Avenue to
the west right -of -way line of Michigan Street; thence in a northerly direction along the west
right -of -way line of Michigan Street to the north right -of -way line of Sample Street, which is
the point of beginning.
A public hearing was held at this time on the two foregoing resolutions (Resolution #266 -71 and
Resolution #267 -71).
Mr. B. J. Ashenfelter and Mr. Glenn L. Barbe of the Department of Urban Redevelopment explained
the need for the two resolutions. Mr. Barbe said the purpose of the applications are for survey
and planning grants for two portions in the Southeast part of the City of South Bend. He said
it will be about two years before application approvals are received from the U. S. Department
of Housing and Urban Development and another five years to complete the'projects. He also
explained that any improvement made independently by home - owners will enhance the value of their
homes. Several neighborhood residents attending the meeting;Mr. Conrad Damian, Vice President
of the Project Area Committee, Mrs. Louvenia C. Cain, 1207 W. Washington Avenue, South Bend;
Russell Garland, 702 S. Rush St., South Bend, and Nancy Stokes, 409 Paris Street, South Bend,
asked various questions pertaining to the uncertainity of the impact upon their property of the
programs. Mr. Conrad Damian read the following letter from the Project Area Committee:
Be it hereby resolved that the Project Area Committee on the South East Side of
South Bend, Indiana approve the initial application for funding of the Redevel-
opment Department of South Bend to the Department of Housing and Urban Develop-
ment regarding funding for improvements in an area bounded by Sample Street,
Carroll Street, Wenger Street to Fellows Street, Indiana Avenue and Michigan
Street. This approval to be based on the advice of the Project Area Commit-
tee's Advisory Board and the assurance that this request does not bind the Committee to
any specific plan but to the general improvements to be planned in upcoming
months jointly by the Committee and the Redevelopment Department of South Bend.
Recommended for passage by the Advisory Board at their regular meeting on
February 17, 1971.
Passed unanimously at the regular general meeting of the Project Area Committee
on February 24, 1971.
Initial application approved by the Project Area Committee, February 24, 1971.
/s/ Mr. Garrett Mullins, President
/s/ Mr. Conrad Damian, Vice - President
/s/ Mrs. Nanci Stokes, Secretary
Councilman Reinke said the Council must adopt these two programs and emphasized that the programs
were flexible. He stated that this was the first step and that the program was not an over -night
process -- possibly, it will be three years before anything is done. Mr. Damian said the Commit-
tee will work jointly with the planning consultants in making plans and he said it is important
to make it clear that "we are interested in this neighborhood ". Councilman Grounds asked if
there was any other plan available to the City - - - -Mr Barbe said there was none.
RESOLUTION NO. 266 -71 - Councilman Reinke made a motion, seconded by Councilman Zielinski, that
the resolution be adopted. Motion carried. 9 ayes, (Councilmen Laven, Allen, Reinke,Craven,
Grounds, Szymkowiak, Wise, Palmer and Zielinski) 0 nays, 0 absent.
RESOLUTION 267 -71 - Councilman Craven made a motion, seconded by Councilman Reinke, that the
resolution be adopted. Motion carried. 9 ayes (Councilmen Laven, Allen, Reinke, Craven, Grounds
Szymkowiak, Wise, Palmer and Zielinski) 0 nays, 0 absent.
Councilman Craven made a motion for a recess. Councilman Reinke seconded the motion. Motion
carried. 9 ayes, 0 nays, 0 absent. Time: 10 :50.p. m.
The Regular meeting of the South Bend Common Council reconvened at 11:05 p. m.
1316-1
REGULAR MEETING MARCH 22, 1971
RESOLUTION NO. 268 -71
RESOLUTION FOR MODEL CITIES WEST GRANT APPLICATION
WHEREAS, Section 117 of the Housing Act of 1949, as amended, authorizes the Secretary of
Housing and Urban Development to make grants to municipalities and counties to assist them
in carrying out programs of concentrated code enforcement in deteriorated or deteriorating
areas in which such enforcement, together with certain public improvements to be provided
by the locality, may be expected to arrest the decline of the area; and
WHEREAS, it has been found and determined by this body that there exists in this locality
certain deteriorated or deteriorating areas for which a program of concentrated code
enforcement, combined with certain public improvements, may be expected to arrest the
decline of the area; and
WHEREAS, it is recognized that the grant of funds pursuant to Section 117 will impose
certain obligations and responsibilities upon the City of South Bend, among which is the
obligations to assure that any person who may be displaced as a result of the code enforce-
ment and public improvements programs are relocated into decent, safe and sanitary housing
in accordance with the regulations of the Department of Housing and Urban Development; and
WHEREAS, Title Vi of the Civil Rights Act of 1964 prohibits discrimination on the basis of
race, color, or national origin under any program or activity receiving Feceral financial
assistance and Executive Order 11246 prohibits discrimination on basis of race, color,
creed or national origin in sale, lease, or other disposition of residential property
(including land intended for residential use) or in the use or occupancy thereof:
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
1. That this Council supports and favors the filing of an application with the Depart-
ment of Housing and Urban Development by the City of South Bend, Department of Redevelop-
ment for a code enforcement grant under Section 117 of the Housing Act of 1949, as amended,
of two- thirds of the cost of undertaking and carrying out a code enforcement program which
cost is now estimated to be One Million, Seven Hundred and Twenty Four Thousand, Five
Hundred and Fifty Six ($1,724,556) Dollars, in an area or areas to be designated and
specifically described in such application, and that the City of South Bend, Department of
Redevelopment is hereby authorized to file such application, to provide such additional
information and furnish such documents as may be required by the Department of Housing
and Urban Development, to execute such contract or contracts as may be necessary for the
grant applied for, to execute and file requisitions for funds, and to act as the authorized
representative of the City of South Bend in the accomplishment of the code enforcement
program.
2. That during the period of the contract for the code enforcement grant the City
of South Bend will maintain a level of expenditures for code enforcement activities,
exclusive of expenditures in any federally assisted code enforcement or Title I urban re-
newal project areas, that is not less than the average yearly expenditures for such
activities by said City for the two full fiscal years immediately preceding the filing
of this Application.
3. That in the opinion of this Council, the City has a program for and will provide
in a timely manner all necessary public improvements for the code enforcement area.
4. That there presently exists in the locality and this Council hereby commits
itself to make available in the future an adequate amount of decent, safe and sanitary
housing which is available to persons displaced as a result of 'the code enforcement and
related public improvements programs, at prices which are within their financial means
and which are not generally less desirable in regard to public utilities and commercial
facilities than the dwellings of the displaced individuals and families, and it is the
sense of this body that such displacee, if any, will be relocated in accordance with
applicable regulations of the Department of Housing and Urban Development.
5. That the United States of America and the Secretary of Housing and Urban Devel-
opment be, and they hereby are, assured of full compliance by the City of South Bend with
regulations of the Department of Housing and Urban Development effectuating Title Vi of
the Civil Rights Act of 1964 and applicable Executive Orders.
/s/ Walter M. Szymkowiak
Member of the Common Council of the City
of South Bend, Indiana
Adopted this 22nd day of March, 1971.
(The public hearing on the above resolution was held at the same time as the following
Resolution No. 269 -71)
REGULAR MEETING MARCH 22 1971
RESOLUTION NO. 269 -71
RESOLUTION FOR MODEL CITIES EAST GRANT APPLICATION
WHEREAS, Section 117 of the Housing Act of 1949, as amended, authorizes the Secretary of
Housing and Urban Development to make grants to municipalities and countries to assist them
in carrying out programs of concentrated code enforcement in deteriorated or deteriorating
areas in which such enforcement together with certain public improvements to be provided
by the locality, may be expected to arrest the decline of the area; and
WHEREAS, it has been found and determined by this body that there exists in this locality
certain deteriorated or deteriorating areas for which a program of concentrated code
enforcement, combined with certain public improvements, may be expected to arrest the
decline of the area; and
WHEREAS, it is recognized that the grant of funds pursuant to Section 117 will impose
certain obligations and responsibilities upon the City of South Bend, among which is the
obligations to assure that any person who may be displaced as a result of the code enforce-
ment and public improvements programs are relocated into decent, safe and sanitary housing
in accordance with the regulations of the Department of Housing and Urban Development; and
WHEREAS, Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of
race, color, or national origin under any program or activity receiving Federal financial
assistance and Executive Order 11246 prohibits discrimination on basis of race, color, creed
or national origin in sale, lease, or other disposition of residential property (including
land intended for residential use) or in the use or occupancy thereof:
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
1. That this Council supports and favors the filing of an application with the Depart-
ment of Housing and Urban Development by the City of South Bend, Department of Redevelop-
ment for a code enforcement grant under Section 117 of the Housing Act of 1949, as amended,
of two - thirds of the cost of undertaking and carrying out a code enforcement program,
which cost is now estimated to be One Million, Eight Hundred and Thirty Two Thousand, Three
Hundred and Ninety Four ($1,832,394) Dollars, in an area or areas to be designated and
specifically described in such application, and that the City of South Bend, Department of
Redevelopment is hereby authorized to file such application, to provide such additional
information and furnish such documents as may be required by the Department of Housing and
Urban Development, to execute such contract or contracts as may be necessary for the grant
applied for, to execute and file requisitions for funds, and to act as the authorized
representative of the City of South Bend in the accomplishment of the code enforcement
program.
2. That during the period of the contract for the code enforcement grant the City of
South Bend will maintain a level of expenditures for code enforcement activities, exclusive
of expenditures in any federally assisted code enforcement or Title I urban renewal project
areas, that is not less than the average yearly expenditures for such activities by said
City for the two full fiscal years immediately preceding the filing of the Application.
3. That in the opinion of this Council, the City has a program for and will provide
in a timely manner all necessary public improvements for the code enforcement area.
4. That there presently exists in the locality and this Council hereby commits itself
to make available in the future an adequate amount of decent, safe and sanitary housing
which is available to persons displaced as a result of the code enforcement and related
public improvements programs, at prices which are within their financial means and which
are not generally less desirable in regard to public utilities and commercial facilities
than the dwellings of the displaced individuals and families, and it is the sense of this
body that such displacee, if any, will be relocated in accordance with applicable regula-
tions of the Department of Housing and Urban Development.
5. That the United States of America and the Secretary of Housing and Urban Develop-
ment be, and they hereby are, assured of full compliance by the City of South Bend with
regulations of the Department of Housing and Urban Development effectuating Title VI of the
Civil Rights Act of 1964 and applicable Executive Orders.
/s/ Walter M. Szymkowiak
Member of the Common Council of the City
of South Bend, Indiana
Adopted this 22nd day of March, 1971.
A public hearing was held at this time on the two foregoing resolutions (Resolution No. 268 -71
and Resolution No. 269 -71)
Mr. Howard Bellinger, Executive Director of the Area Planning Commission explained the need
for the two code enforcement programs. He said two code enforcement programs have been
developed - -urban renewal running with Model Cities. He said this was the development of a
rehabilitation code enforcement program, which included site improvements where necessary,
street improvements and street lighting, etc. He stated that these were eligible under code
enforcement programs. A large portion will come under Urban development and will come through
the Council. They are submitting two applications he said, before July 1st, because if there
is a restriction on funds, one application might be approved and the other approved later.
3
REGULAR MEETING MARCH 22, 1971
(PUBLIC HEARING ON RESOLUTION NO. 268 -71 and 269 -71 continued
Mr. Bellinger said these are large projects and the applications have been completely reviewed
by the Area Plan Commission and approved as required. He stated that the program in these two
applications is consistent and prepared and updated for the City of South Bend.
Mr. Charles Lennon, Model Cities Director, introduced Mr. Michael Obringer, Senior Planner, Model
Cities, who explained the areas involved and answered various questions from members in the
audience. Residents attending the meeting and who spoke were Mr. Odel Newburn, Chairman of
Model Cities Planning Agency,(Mr. Newburn asked that the Council adopt the two resolutions),
Mrs.Louvenia C. Cain, 1207 W. Washington Avenue, South Bend; Mr. Floyd Carter, 1615 Fassnacht
ISouth Bend; Mr. Gale Key, 1101 W. Washington Ave., South Bend.
Mr. B. 0. Ashenfelter, Director of the Redevelopment Department assured Council President Laven
that the Redevelopment Department will approve these two programs and the two items will be on
the next Redevelopment agenda.
RESOLUTION NO. 268 -71
Councilman Zielinski made a motion, seconded by Councilman Szymkowiak, that the resolution be
adopted. Motion carried by a roll call vote of 9 ayes (Councilmen Laven, Allen, Reinke, Craven,
Grounds, Szymkowiak, Wise, Palmer and Zielinski) 0 nays, 0 absent..
RESOLUTION NO. 269 -71
Councilman Grounds made a motion, seconded by Councilman Szymkowiak, that the resolution be
adopted. Motion carried by a roll call vote of 9 ayes (Councilmen Laven, Allen, Reinke, Craven,
Grounds, Szymkowiak, Wise, Palmer and Zielinski) 0 nays, 0 absent.
IICITIZENS REQUESTS MISCELLANEOUS MATTERS
Mr. Richard Ellis, President of the Courtesy Cab Company spoke during this portion of the meeting
regarding the raise in taxicab liability insurance. He asked the Council to review the Taxicab
Liability Insurance Ordinance. Council President Laven asked Councilman Szymkowiak, Chairman of
the Transportation and Traffice Committee to review the the matter with his committee and Mr.
Ellis.
IICOMMUNICATIONS
Il March 9, 1971
Common Council
City Offices
City of South Bend,
II Genelemen:
Indiana
On February 17, 1971, Real Estate Development Co. filed a petition and a proposed ordinance to
annex to the City of South Bend, a 59 acre tract of land located in Center Township, St. Joseph
County, being more commonly described as 600 East Johnson Road and owned by Roy F. Gilmer and
others.
Real Estate Development Co. respectively requests that it's petition for annexation be withdrawn.
Sincerely,
REAL ESTATE DEVELOPMENT CO.
/s/ James T. Bisesi
General Partner
JTB /dr
cc: Mr. Philip Carlton Potts
Councilman Craven made a motion, seconded by Councilman Reinke,
be accepted as read. Motion carried. 9 ayes, 0 nays, 0 absent.
PETITIONS
Petition to amend Zoning Ordinance
that the petition for withdrawal
I, the undersigned, do hereby respectfully make application and petition the Common Council
of the City of South Bend, Indiana to amend the Zoning Ordinance of South Bend, Indiana as
hereinafter requested, and in support of this application, the following facts are shown
1. The property sought to be rezoned is located at 627 W. Washington St., South Bend, Indiana.
2. The Property is owned by Venture Properties, Inc., an Indiana Corporation.
REGULAR MEETING MARCH 22, 1971
PETITIONS (Continued)
3. A legal description of the property is as follows:
A part of Bank Out Lots Numbered Nineteen (19), Twenty -seven (27) and Thirty -
four (34) of the First Plat of Out Lot of the Town now part of the City of South
Bend, platted by the State Bank of Indiana, more particularly bounded and
described as follows, viz: Beginning at a point on the North line of Washing-
ton Avenue at the center of the iton post in the division fence between the
property of Wilbur E. Gorsuch on the West, and the property formerly owned by
Mary L. Studebaker at the time of her death, on the East, which point is
Fifteen (15) feet West of the Southeast corner of said Out Lot Thirty -four
(34); thence running East along the North line of Washington Avenue One
Hundred Forty -three (143) feet; thence North Two Hundred Twelve (212) feet to
the Southeast corner of the property once owned by Herbert W. Eldredge; thence
West approximately One Hundred Forty -three (143) feet along the South line of
said property of Herbert W. Eldredge to the center of the partition stone wall
between the land of said Gorsuch and the land formerly owned by said Mary L.
Studebaker; thence South along the center of said stone wall and the center of
the iron fence extending from said stone wall to Washington Avenue to the place
of beginning, in St. Joseph County, Indiana, being the same premises conveyed
to Nicholas R. Feltes by Albert Russell Erskine and Anne Lyell Erskine by Deed
dated October 13, 1920 and recorded in Deed Record 165 on page 275 of the
records of St. Joseph County, Indiana
4. It is desired and requested that the foregoing property be rezoned from "B" Residential
Use and "B" Height and Area District. to "C -1" Commercial Use and "C" Height and Area District.
5. It is proposed that the property will be put to the following use and the following buildings
will be constructed: Detached Building - Remodel garage portion without structurally altering
building into leaseable space for the following uses under "C -1" Commercial District Zoning.
(1) Any use permitted in the "B" use District (2) Antique and Gift Shops (10) Office
Building (11) Buildings that are accessory to uses permitted in this district.
6. Number of off street parking spaces to be provided: 14
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.
Venture Properties, Inc.
/s/ James L. Cronk, Secretarv- Treasurer
Signature of Petitioner
627 W. Washington Ave.
South Bend, Indiana 46601
Petition prepared by: James L. Cronk
Councilman Grounds made a motion, seconded by Councilman Palmer, that the petition be referred
to the Area Plan Commission for study. Motion carried. 9 ayes, 0 nays, 0 absent.
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, Indiana to amend the Zoning Ordinance of said city as hereinafter
requested, and in support of this application, the following facts are shown:
1. The property sought to be rezoned is located at 3525 S. Michigan Avenue
South Bend, Indiana
2. The property is owned by. present owner is Mabel F. Hine, 3525 South Michigan Street and
is being sold to Seeley's Boot Shop, Inc., presently of 218 St. Joseph Street.
3. A legal description of the property is as follows: Lots numbered 4, 5 and 6 of John E.
Walz's revised addition to the City of South Bend, St. Joseph County, Indiana.
4. It is desired and requested that the foregoing property be rezoned From "B" Use and "A"
Height and Area District TO "C" Use and "D" 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: Seeley's Boot Shop, Inc. intends purchasing the property and erecting
a retail store for the selling of- children's shoes and allied special furnishings, occupying
the entire building, but possibly subleasing a portion thereof to a retail business, the entire
building being approximately 60 feet by 110 feet being located approximately 5 feet from the
south line of the lot, but with consideration being given to a lesser side yard in view of
retaining wall construction and difference of elevation between the adjacent side lot and the
instant property.
6. Number of off street parking spaces to be provided: Thirty (30) spaces.
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 rez° oned; (c) site development plan.
Mabel F. Hine and Seeley's Boot Shop, Inc.
/s/ William N. Farabaugh, their attorney
Petition prepared by: Signature of Petitioners
Wi 1 l i nm TT V-4 —1--l'
REGULAR MEETING MARCH 22, 1971
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 Craven so moved, seconded by Councilman Palmer. Motion carried unanimously.
ORDINANCES, THIRD READING
ORDINANCE NO. 5280 -71 AN ORDINANCE AUTHORIZING THE SALE AND CONVEYANCE
OF A PARCEL OF REAL ESTATE LOCATED IN THE CITY OF
SOUTH BEND, INDIANA, AND OWNED BY THE CITY OF
SOUTH BEND, INDIANA. (NW Corner Washington & Chapin)
The Ordinance was given third reading. Councilman Allen made a motion for passage of the Ordi-
nance. Councilman Craven 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. 5281 -71
AN ORDINANCE APPROVING A CONTRACT BETWEEN THE
WASTEWATER TREATMENT PLANT OF THE CITY OF SOUTH
BEND, INDIANA AND GATES CHEVROLET CORPORATION,
SOUTH BEND, INDIANA, FOR THE PURCHASE OF A 1971
CHEVROLET TILT CAB AND CHASSIS, IN THE AMOUNT
OF $7,835.00.
The Ordinance was given third reading. Councilman Reinke made a motion, seconded by Councilman
Palmer, for passage of the Ordinance. 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. 5282 -71
AN ORDINANCE APPROVING A CONTRACT BETWEEN THE
WASTEWATER TREATMENT PLANT OF THE CITY OF SOUTH
BEND, INDIANA AND FRUEHAUF CORPORATION OF SOUTH
BEND, INDIANA FOR THE PURCHASE AND INSTALLATION
OF A DUMP BODY ON A CAB AND CHASSIS, IN THE
AMOUNT OF $935.00.
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)
ORDINANCE NO. 5283 -71
Councilman Grounds 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 APPROVING A CONTRACT BETWEEN THE
WASTEWATER TREATMENT PLANT OF SOUTH BEND,
INDIANA AND FERGUSON'S WELDING, SPRING AND
FABRICATION, INC., SOUTH BEND, INDIANA, FOR THE
PURCHASE AND INSTALLATION OF A 1971 FRONT END
TRUCK LOADER TO A CAB AND CHASSIS, IN THE AMOUNT
OF $5,380.00.
The Ordinance was given third reading. Councilman Grounds made
Wise, for passage of the Ordinance. There being no discussion
passed by a roll call vote of 9 ayes (Councilmen Laven, Allen,
kowiak, Wise, Palmer and Zielinski) 0 nays, 0 absent.
ORDINANCE NO. 5284 -71
a motion, seconded by Councilman
on the motion, the ordinance was
Reinke, Craven, Grounds, Szym-
AN ORDINANCE APPROVING A CONTRACT BETWEEN THE
WATER WORKS OF THE CITY OF SOUTH BEND, INDIANA
AND ASHLAND CHEMICAL COMPANY, SOUTH BEND,
INDIANA, FOR THE PURCHASE OF CHEMICALS FOR USE
FROM FEBRUARY 7, 1971 TO FEBRUARY 7, 1972, IN
THE AMOUNT OF $6,840.00.
The Ordinance was given third reading. Councilman Reinke made a motion, seconded by Councilman
Wise, for passage of the Ordinance. 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, Szym-
kowiak, Wise, Palmer and Zielinski) 0 nays, 0 absent.
REGULAR MEETING MARCH 22, 1971
ORDINANCES, THIRD READING
ORDINANCE NO. 5285 -71
AN ORDINANCE APPROVING A CONTRACT BETWEEN THE
WATER WORKS OF THE CITY OF SOUTH BEND, INDIANA
AND MID -STATE CHEMICAL & SUPPLY CORP., INDIANA-
POLIS, INDIANA, FOR THE PURCHASE OF CHEMICALS
FOR USE FROM FEBRUARY 7, 1971 TO FEBRUARY 7,
1972, IN THE AMOUNT OF $12,206.25.
The ordinance was given third reading. Councilman Wise made a motion, seconded by Councilman
Reinke, for passage of the Ordinance. There being no discussion on the motion, the ordinance
was passed by a roll call vote of 5 ayes (Councilmen Laven, Reinke, Grounds, Wise, Palmer).
4 nays ( Allen Craven, Szymkowiak and Zielinski).
ORDINANCE NO. 5286 -71
AN ORDINANCE APPROVING A CONTRACT BETWEEN THE
WATER WORKS OF THE CITY OF SOUTH BEND, INDIANA
AND INLAND CHEMICAL CORPORATION, SOUTH BEND
INDIANA, FOR THE PURCHASE OF CHEMICALS FOR USE
FROM FEBRUARY 7, 1971 TO FEBRUARY 7, 1972, IN
THE AMOUNT OF $8,140.00.
5312
The Ordinance was given third reading. Councilman Palmer made a motion, seconded by Councilman
Wise, for passage of the Ordinance. 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.
ORDINANCES, FIRST READING
ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE
WASTEWATER TREATMENT PLANT OF SOUTH BEND, INDIANA
AND HASKINS, INC., SOUTH BEND, INDIANA, FOR THE
CONSTRUCTION OF A SEWAGE LIFT STATION ON NORTH
MICHIGAN STREET AT PARK LANE, IN THE AMOUNT OF
$27,600.00.
Council President Laven entertained a motion.that the ordinance be given only a first reading
and the second reading and public hearing be held on April 12, 1971. Councilman Craven
so moved, seconded by Councilman Wise. Motion carried 9 ayes, 0 nays, 0 absent. The ordinance
was given first reading by title.
ORDINANCE
AN ORDINANCE AMENDING SECTION 25 -7 OF THE
MUNICIPAL CODE RELATING TO THE TRAFFIC CODE
OF THE CITY.
Council President Laven entertained a motion that the ordinance be given only a first reading
and the second reading and public hearing be held on April 12, 1971. Councilman Allen so moved,
seconded by Councilman Grounds. Motion carried. 9 ayes, 0 nays, 0 absent. The ordinance was
given first reading by title.
ORDINANCE
AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION
IN THE AMOUNT OF $11,374.00 FROM ACCOUNT Q -11,
"SERVICES PERSONAL ", TO ACCOUNT Q -263, "OTHER
CONTRACTUAL SERVICES ", IN THE FIRE DEPARTMENT
BUDGET, ALL BEING WITHIN THE GENERAL FUND.
Council President Laven entertained a motion that the ordinance be given only a first reading
and the second reading and public hearing be held on April 12, 1971. Councilman Craven so moved,
seconded by Councilman Grounds. Motion carried. 9 ayes, 0 nays, 0 absent. The ordinance was
given first reading by title.
There being no further business to come before the Council, Councilman Zielinski moved for
adjournment. Councilman Reinke seconded the motion. Motion (�qried. Time: 12 :15 a.m.
ATTEST:
APPROVED:
TY CLEW/ f PRESIDENT