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HomeMy WebLinkAbout04-12-71 Council Meeting MinutesREGULAR MEETING - RECONVENED APRIL 12, 1971 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, April 12, 1971 at 8 :46 p. m., all members present. The meeting was called to order by Council President Robert O. Laven, who presided. REPORT FROM 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 March 22, 1971 and the Special Meeting, April 2, 1971, meetings of the Council and found them correct. They therefore recommend that the same be approved. /s/ Robert O. Laven /s/ Janet S. Allen /s/ Albert E. Palmer There being no objections, the report was accepted as read and placed on file. :7 REGULAR MEETING APRIL 12, 1971 REGULAR MEETING -- Continued CITIZENS REQUESTS - MISCELLANEOUS MATTERS Mr. Richard Trowbridge, 912 S. Gladstone Ave., South Bend, asked if it was true that no public housing units have been built on the East side as reported in the South Bend Tribune newspaper stated there would be 150 units; the article was dated Nov. 5, 1970. Mr. Taylor said the develop- er has had to resubmit his plans to HUD. Mr. Trowbridge asked why sidewalks have not been installed on Western Avenue near the Mr. Donut, Standard Oil Station and the adjacent Church. Mr. Taylor said the residents of this area have been informed by letter and have until May 15, 1971 to begin building sidewalks and if not, side walks will be built by the City and the people will be assessed for the sidewalk. Reverend Herbert Tetzlaff, St. Peters United Church of Christ, South Bend, asked if some type of temporary walk can be made ' in -the Bader and Rockne Streets area where the resident's hedges extend to the street, forcing children to walk in the streets. City Engineer Lloyd Taylor said the City is now operating under the old Barrett Law legislation but within the next couple of months, new legislation will be before the Council regarding this matter. REPORT FROM AREA PLAN COMMISSION j April 7, 1971 The Honorable Common City of.South Bend County -City Building South Bend, Indiana Gentlemen: Council of the Re: United States Post Office Site The attached ordinance.'originated by the Area Plan Commission was legally advertised on March 6 and March 13, 1971, and was given public hearing on March 16, 1971. After due consideration, it was moved, seconded and unanimously carried that the ordinance be recommended favorably to the Common Council of the City of South Bend. Excerpts from the minutes of the Area Plan Commission meeting of March 16, 1971 are attached hereto and made a part of this report. Very truly yours, /s/ Howard Bellinger Executive Director HB:eb Attach. There being no objections, the report was accepted and placed on file. REPORT FROM THE SEWERS AND DRAINS COMMITTEE April 12, 1971 To the Common Council of the City of South Bend: Your Committee The Sewers and Drains Committee to whom was referred "A RESOLUTION APPROVING A FOURTH AMENDMENT TO A CONTRACT BETWEEN THE SOUTH BEND CITY WATER WORKS AND SEWAGE DISPOSAL PLANT AND CLAY UTILITIES, INC., FOR FURNISHING OF WATER AND SEWAGE TREATMENT TO THE CLAY TOWNSHIP AREA IN ST. JOSEPH COUNTY, INDIANA ", respectfully report that they have examined the matter and that in their opinion the Resolution be favorably considered by the Council, subject to an amended agreement, as originally submitted, and that the Council hold a public hearing on April 12, 1971. /s/ Albert E. Palmer Chairman Council President Laven commented that the Resolution was heard on February 22, 1971 and placed in Committee for further study and action. He said the public hearing will be continued tonight, listed as item #17 on the agenda. REGULAR MEETING APRIL 12, 1971 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 the City 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 3000 East Jefferson Boulevard, South Bend, Indiana. (Park Jefferson Recreational Area) 2. The property is owned by Ralph M. Williams and Wanda L. Williams. 3. A legal description of the property is as follows: A part of the Northeast quarter of Section 8, Township 37 North, Range 3 East of the Second Prime Meridian described as follows: Commencing at the intersection of the North line of Jefferson Boulevard and the West line of 33rd Street, thence North 00016150" West along the said West line of 33rd Street a distance of 511.10 feet to a point, thence West a distance of 144.44 feet for a point of beginning; thence West a distance of 228.85 feet to a point; thence North 14030100" east a distance of 65.58 feet to a point of curvature of a curve convex to the Northeast and having a radius of 160.53 feet and a central angle of 57010128 ": thence Northwesterly along said curve an.arc distance of 160.19 feet to a point on said curve; thence North 50053' 49" East a distance of 78.43 feet to the point of curvature of a curve convex to the Northwest and having a radius of 93.35 feet and a central angle of 39006111 "; thence Northeasterly along said curve an arc distance of 63.71 feet to the point of tangency of said curve; thence East a distance of 190.08 feetto a point; thence South a distance of 282.87 feet to the point of beginning, containing plus or minus 1.786 acres in the City of South Bend, St. Joseph County, Indiana. (All bearings assumed) 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 "B" 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: The property sought to be rezoned consists of a one block area devoted entirely to a recreational building and swimming pool facility located within the interior confines of the Park Jefferson Apartment complex. It is desired that the swimming pool and existing recreational buildings be enlarged so as to make the swimming pool an enclosed pool for year - round development, expand the recreational facilities by providing sauna baths, increase the patio and recreational areas and construct additional buildings which will house a barber shop, beauty parlor delicatessen, florist and gift shop and demonstration apartments for use in showing prospective customers. The proposed building will be one complete and continuous building. 6. Number of off street parking spaces to be provided. No change from those previously approved for recreational facility. 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. Petition prepared by: Douglas D. Seely, Jr. By: /s/ Douglas D. Seely, Jr., their attorney Ralph M. Williams and Wanda L. Williams 3010 Coats Road, Marion, Indiana Councilman Grounds made a motion, seconded by Councilman Palmer, that the petition be forwarded to the Area Plan Commission for further study. Motbn carried. 9 ayes, 0 nays, 0 absent. REPORT OF THE COMMITTEE OF THE WHOLE Council President Laven entertained a motion to waive the reading of the Committee of the Whole Reports. Councilman Grounds so moved, seconded by Councilman Zielinski. Motion carried. 9 ayes, 0 nays, 0 absent. 0 REGULAR MEETING APRIL 12, 1971 ORDINANCES, THIRD READING ORDINANCE NO. 5287 -71 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. The ordinance was given third reading. Councilman Grounds 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, (Counclmeri`Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Wise, Palmer and Zielinski) 0 nays, 0 absent. I ORDINANCE NO. 5288 -71 AN ORDINANCE AMENDING SECTION 25 -7 OF THE MUNICIPAL CODE RELATING TO THE TRAFFIC CODE OF THE CITY. The ordinance was given third reading. Councilman Allen 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. 5289 -71 AN ORDINANCE FOR AN_ADDITIONAL APPROPRIATION IN THE AMOUNT OF $11,374:00 FROM ACCOUNT Q -1119 "SERVICES PERSONAL ", TO ACCOUNT Q -263, "OTHER CONTRACTUAL SERVICES ", IN THE FIRE DEPARTMENT BUDGET, ALL BEING WITHIN THE GENERAL FUND. The ordinance was given third reading. Councilman Craven made a motion, seconded by Grounds, 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. ORDINANCES, FIRST AND SECOND READING ORDINANCE 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, AS AMENDED. (The United States Post Office, Western, Michigan, Monroe & Columbia Streets) Councilman ordinance Grounds, The ordinance was given first reading by title and second reading in full. In response to Councilman Allen's inquiry as to the "proposed legal description" statement, City Attorney S. J. Crumpacker stated that a survey will determine the corrected legal description. Councilman Grounds made a motion, seconded by Councilman Szymkowiak, that the ordinance be set for public hearing April 27, 1971. Motion carried. 9 ayes, 0 nays, 0 absent. ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WASTEWATER TREATMENT PLANT OF SOUTH BEND, INDIANA AND E. L. ZIMMERMAN CO., INC. OF MISH- AWAKA, INDIANA, FOR FURNISHING AND INSTALLING PIPING, VALVES, ETC., FOR SLUDGE DRAW -OFF DIGESTER NOS. 2 AND 4, IN THE AMOUNT OF $35,511.00., The ordinance was given first reading by title and second reading in full. Councilman Craven made a motion,:seconded by Councilman Grounds, that the ordinance be set for public hearing April 27, 1971. Motion carried. 9 ayes, 0 nays, 0 absent. Council President Laven announced that the next Regular Meeting of the Common Council has been changed from April 26 to April 27, 1971. He also announced that a Special Meeting will be held to consider a Resolution concerning MNPA (Model Cities) on April 30, 1971 at 8:30 a.m. Both meetings will be held in the County -City Building in the Council Chambers, 4th Floor. REGULAR MEETING APRIL 12, 1971 RESOLUTIONS RESOLUTION NO. 271 -71 A RESOLUTION APPROVING A FOURTH AMENDMENT TO A CONTRACT BETWEEN THE SOUTH BEND CITY WATER WORKS AND SEWAGE DISPOSAL PLANT AND CLAY UTILITIES, INC., FOR FURNISHING OF WATER AND SEWAGE TREATMENT TO THE CLAY TOWNSHIP AREA IN ST. JOSEPH COUNTY, INDIANA. 54 WHEREAS, the Board of Water Works Commissioners and the Board of Sewage Commissioners deem it to be in the best interests of their respective facilities and to the City of South Bend to amend an agreement to furnish water and sewage services in Clay Township to Clay Utilities, inc., which Agreement was entered into on the 22nd day of March, 1965, and approved by Resolution No. 96 -65 of the Common Council of the City of South Bend on the 10th day of May, 1965. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, that the contract entered into between the South Bend City Water works and the Sewage Disposal Plant of the City of South Bend and Clay Utilities, Inc., dated the 22nd day of March, 1965, for the furnishing of water and sewage treatment to Clay Township, St. Joseph County, Indiana, as four times amended, is hereby approved and confirmed; said fourth amendment being attached hereto as to exhibit and made a part of this Resolution. /s/ Janet S. Allen Member of the Common Council A public hearing on the Resolution was held at this time. City Engineer Lloyd Taylor stated that this resolution which amends a contract between the city and Clay Utilities,- Inc., provides water and sewer services to areas outside the city. This amendment eliminates the Gilmer Park area of Centre Township as a franchised area in which Clay Utilities planned to provide sewage service. He said a large trunk sewer system is being installed in the Gilmer Park area by the City which had annexed the area. The annexation is involved in a court remonstrance suit. He said before the year is out the city will have rate charges in effect for water and sewer surcharge for anyone living outside of city limits receiving services. Councilman Laven said. the Council now has an ordinance in committee considering the amount of surcharge that residents should pay. He said Clay Utilities has only certain designated areas in which these services are provided by their company. Councilman Allen made a motion, seconded by Councilman Palmer, for the adoption of the amendment to the agreement. Motion carried. 9 ayes, 0 nays, 0 absent. Councilman Reinke made a motion, seconded by Councilman Palmer, for the adoption of the Resolution, as amended. Motion carried by a roll call vote of 9 ayes (Councilman Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Wise, Palmer and Zielinski) 0 nays, 0 absent. UNFINISHED BUSINESS Councilman Laven directed the City Clerk to send a thank you letter to each minister who has offered the invocation at the Council Meetings expressing the appreciation of the Council. Councilman Allen made a motion that the Molil.e Home Ordinance be redrafted, incorporating the amendments and corrections, and the substitute ordinance be set for public hearing on April 27, 1971.. Councilman Reinke seconded the motion. Motion carried. 9 ayes, 0 nays, 0 absent. There being no further business to come before the Council, Councilman Zielinski moved for adjournment. Councilman Allen so moved. Motion carried. Time: 9 :30 p. m. ATTEST: CLERK APPROVED: PRESIDENT