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HomeMy WebLinkAbout06-28-71 Council Meeting MinutesREGULAR MEETING JUNE 28, 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, June 28, 1971, at 8:07 P. M. The meeting was called to order by Council President Robert O. Laven, who presided. The invocation was given by Council President Laven. ROLL CALL PRESENT: Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak and Wise ABSENT: Councilmen Palmer (on vacation) and Zielinski 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 Allen so moved, seconded by Councilman Reinke. Motion carried. Time: 8:10 P. M. COMMITTEE OF THE WHOLE MEETING Be it remembered that the Common Council of the City of South Bend, Indiana, met in the Committee of the Whole in the Council Chambers of the County-City Building on Monday, June 28, 1971 at 8:11 P. M. The meeting was called to order by Chairman William W. Grounds, who presided. REGULAR MEETING JUNE 28, 1971 COMMITTEE OF THE WHOLE MEETING (Continued) ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO. 4990 -68 CHAPTER 40 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, FORMERLY REFERRED TO AS ZONING ORDINANCE NO. 3702 (Ironwood & Scottsdale Addition) F8� This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard thereon. Attorney John Roper, representing Place and Company, spoke on the rezoning of 26 acres of an undeveloped portion of Scottsdale from residential to "planned residential district" under the City's new A -2 zoning ordinance. The developers propose to build 178 single family units in clusters of two, four and six units. This formation saves space which can be utilized for green or recreational areas. Each hous- ing unit would be individually owned with exterior maintenance and lawn service to be pro- vided for by a'homeowners' association ". The Area Plan Commission recommended the zoning change favorably in April. However, numerous residents of the adjoining Scottsdale section appeared to speak against the change. They contended that the planned development would be multi - family housing and would allow some commercial use of the land. A site plan is not necessary for A -2, but the developer is bound by law to the Board of Zoning Appeals. Attor- ney James Burke, who handed a list of the remonstrators with 390 signatures to the City Clerk, introduced the following remonstrators: Mrs. Lee Reed, 1976 Renfrew Drive, South Bend, Mr. Eugene Breza, 4811 Huntley Court, South Bend, Mr. Maxwell Hartzler, 4816 Huntley Court, South Bend and Mr. Donald Bouffard, 4822 Huntley Court, South Bend. They spoke on the added pro- blems of the overburdened schools, the traffic hazards, the profit gain and the moral obliga- tions of promises. Mr. Andrew Place of Place and Company stated this is something new, fresh, care -free and they are selling quite well throughout the land and that the cluster type dwell- ing would result in'saving costs which would be applied to the buildings. Chairman Grounds entertained a motion for a recess, Councilman Laven so moved, seconded by Councilman Szymkowiak. Motion carried. Time: 9:17 P. M. The Committee of the Whole reconvened at 9:30 P. M. Attorney Edward Hilgendorf, 4841 Skye Court, South Bend, stated that the Area Plan Commission was shown different slides from those shown tonite and requested the Council to defeat the bill if Mr. Place was intent on increasing his profits at the expense of the present residents. Councilman Laven made a motion, seconded by Councilman Allen, that the ordinance go to Council as favorable. 4 ayes 3 nays 2 absent (Councilmen Palmer and Zielinski) Motion carried. nRnTNANCR AN ORDINANCE PROHIBITING USE OF PORTIONS OF COLUMBIA COURT BY MOTOR VEHICLES This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard thereon. The ordinance requests that all vehicular traffic be closed to Columbia Court which is a short narrow street that runs be- tween Michigan and Main Streets alongside the Colfax -Main Municipal parking garage. Mr. Lloyd Taylor, City Engineer, stated this street, sometimes referred to as "Allen's Alley ", has been closed for months and is landscaped as a mini -park to create an atmosphere for pedestrian traffic. City Attorney Shepherd Crumpacker said the ordinance will also be the pattern for the closing of Michigan Street when it becomes a mall in the downtown renewal project. Councilman Allen made a motion,'seconded by Councilman Wise, that the ordinance go to Council as favorable. Motion carried. ORDINANCE AN ORDINANCE ESTABLISHING A SCHEDULE OF RATES AND CHARGES FOR SERVICES RENDERED BY THE WASTEWATER TREATMENT PLANT OF THE CITY OF SOUTH BEND TO AREAS OUTSIDE THE CORPORATE LIMITS OF THE CITY OF SOUTH BEND This being the time heretofore set for public.hearing on the above ordinance, proponents and opponents were given an opportunity to be heard thereon. This ordinance was brought up for increase of rates for customers outside the city limits of South Bend. This is a city ser- vice and the people living outside the corporate limits of South Bend paying lower tax rates would pay additional for City services. Councilman Laven made a motion, seconded by Council- man Szymkowiak to amend the ordinance from 120% to 150 %. Motion defeated. Councilman Reinke stated thathe thought 30% was too much of an increase. Councilman Laven made a motion that this portion.of Public Hearing be continued to July 12, 1971, seconded by Councilman Szymko- wiak by reason that all members were not present. Motion carried. 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 Wise so moved, seconded by Councilman Craven. Motion carried. Time: 10:12 P. M. ATTEST: APPROVED: CHAIRMAN 5 REGULAR MEETING JUNE 28, 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, June 28, 1971 at 10:13 P. M. The meeting was called to order by Council President Robert 0. Laven, who presided. REPORT OF THE COMMITTEE ON MINUTES Approval of minutes of meeting of June 14, 1971 and Special Meeting of June 17, 1971, will be read at the July 12, 1971 meeting. CITIZENS REQUESTS - MISCELLANEOUS MATTERS Mrs. John E. Heisler, Jr., 725 North Ironwood Drive, South Bend, urged the cooperation of the Council to construct the sidewalks between Bader Street and Corby Blvd. Mr. Crumpacker advised the Council that at the Board of Public Works and Safety meeting of June 28,,a motion was adopted that an ordinance ordering the construction be submitted to the Common Council which can override the remonstrators. REPORT FROM AREA PLAN COMMISSION Council President Laven entertained a motion to waive the reading of the reports of the Area Plan Commission. Councilman Reinke so moved, seconded by Councilman Craven. The reports re- lating to.rezoning of 123 East Ireland Road and 3306 South Fellows Street were favorable. Mo- tion carried unanimously. REPORT OF THE COMMITTEE OF THE WHOLE Council President Laven entertained a motion to waive the reading of the report of the Com- mittee of the Whole. Councilman Wise so moved, seconded by Councilman Grounds. Motion carried unanimously. ORDINANCES, THIRD READING ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO.4990 -68 CHAPTER 40 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, FORMERLY REFERRED TO AS ZONING ORDINANCE NO. 3702 (Ironwood & Scottsdale Addition) The ordinance was given third reading. Councilman Allen made a motion for passage of the ordinance, seconded by Councilman Wise. 3 ayes 4 nays 2 absent Motion defeated. Council President Laven entertained a motion for a short recess. Councilman Grounds so moved, seconded by Councilman Wise. Motion carried. Time: 10 :25 P. M. The Regular Meeting reconvened at 10:30 P. M. for reconsideration of the ordinance and Councilman Grounds made a motion, seconded by Councilman Allen,/ that the third reading be continued to the July 12, 1971 meeting. Motion carried. ORDINANCE NO. 5312 -71 AN ORDINANCE PROHIBITING USE OF PORTIONS OF COLUMBIA COURT BY MOTOR VEHICLES The ordinance was given third reading. Councilman Wise made a motion for passage of the ordinance, seconded by Councilman Allen. There being no discussion on the: - motion, the ordinance was passed by a roll call vote of 7 ayes (Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak and Wise) 2 absent (Councilmen Palmer and Zielinski) ORDINANCE AN ORDINANCE ESTABLISHING A SCHEDULE OF RATES AND CHARGES FOR SERVICES RENDERED BY THE WASTEWATER TREATMENT PLANT OF THE CITY OF SOUTH BEND TO AREAS OUTSIDE THE CORPORATE LIMITS OF THE CITY OF SOUTH BEND (Council portion of (Public',hearing and third reading to be continued until meeting of July 12, 1971) ORDINANCES, FIRST AND SECOND READING AN ORDINANCE AMENDING CHAPTER 40 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIAND, 1963, ALSO KNOWN AS ORDI- NANCE NO. 3702 AS AMENDED, THE ZONING ORDINANCES OF THE CITY OF SOUTH BEND, INDIANA (123 East Ireland Road) The ordinance was given first reading by title and second reading in full. Councilman Grounds made a motion, seconded by Councilman Wise, that the ordinance be set for public hearing on July 12, 1971. Motion carried. 7 ayes, 0 nays, 2 absent (Councilmen Palmer and Zielinski) �K rN REGULAR MEETING JUKE 28 1971 ORDINANCES, FIRST AND SECOND READING ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO. 4990 -68 CHAPTER 40 OF THE MUNICIPAL CODE (FORMERLY ZONING ORDINANCE NO. 3702) (3306 South Fellows Street) The ordinance was given first reading by title and second reading in full. Councilman Allen made a motion, seconded by Councilman Grounds, that the ordinance be set for public hearing on July 12, 1971. Motion carried. 7 ayes, 0 nays, 2 absent (Councilmen Palmer and Zielinski) ORT)TNANrR AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $800.00 FROM ACCOUNT M -11, "SERVICES PER- SONAL" IN THE BUILDING DEPARTMENT, AND THE TRANSFER OF SAME TO MUNICIPAL SERVICES FACILITY ACCOUNT U -252, "REPAIRS OF EQUIPMENT ", ALL BEING WITHIN THE GENERAL FUND. The ordinance was given first reading by title and second reading in full. Councilman Allen made a motion, seconded by Councilman Craven, that the ordinance be set for public hearing on July 12, 1971. Motion carried. 7 ayes, 0 nays, 2 absent (Councilmen Palmer and Zielinski) ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $1,200.00 TO ACCOUNT Q -54 "CLOTHING ALLOW - ANCES ", AND THE TRANSFER OF SAME FROM ACCOUNT Q -11 "SERVICES PERSONAL" IN THE FIRE DEPARTMENT BUDGET, ALL BEING WITHIN THE GENERAL FUND The ordinance was given first reading by title and second reading in full. Councilman Grounds made a motion, seconded by Councilman Szymkowiak, that the ordinance be set for public hear- ing on July 12, 1971. Motion carried. 7 ayes, 0 nays, 2 absent (Councilmen Palmer and Zielinski) ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WATER WORKS OF THE CITY OF SOUTH BEND, INDIANA, AND CLOW CORPORATION, BENSENVILLE, ILLINOIS, FOR THE PURCHASE OF: I. CAST IRON OR DUCTILE PIPE AND FITTINGS; II. MECHANICAL JOINT GATE VALVES, IN THE TOTAL AMOUNT OF $618,063.13 The ordinance was given first reading by title. Councilman Wise made a motion, seconded by Councilman Reinke, that second reading and public hearing be set for July 12, 1971. Motion carried. 7 ayes, 0 nays, 2 absent (Councilmen Palmer and Zielinski) nPnTMAVrR AN ORDINANCE FIXING THE ANNUAL PAY OF POLICEMEN FOR THE CALENDAR YEAR 1972 The ordinance was given first reading by title and second reading in full. Councilman Reinke made a motion, seconded by Councilman Craven, that the ordinance be set for public hearing on July 12, 1971. Motion carried. 7 ayes, 0 nays, 2 absent (Councilmen Palmer and Zielinski) nRnTMAMrR AN ORDINANCE FIXING THE ANNUAL PAY OF FIREMEN FOR THE CALENDAR YEAR 1972 The ordinance was given first reading by title and second reading in full. Councilman Reinke made a motion, seconded by Councilman Craven, that the ordinance be set for public hearing on July 12, 1971. Motion carried. 7 ayes, 0 nays, 2 absent (Councilmen Palmer and Zielinski) RESOLUTION RESOLUTION NO. 278 -71 A RESOLUTION RE- APPOINTING EMIL W. REZNIK TO THE BOARD OF DIRECTORS OF THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION BE IT RESOLVED by the South Bend Common Council that Emil W. Reznik be and he hereby is re- appointed as a Director of the South Bend Public Transportation Corporation for a term.of office commencing July 3, 1971, and terminating July 3, 1975. /s/ Albert E. Palmer Member of the Common Council X90 REGULAR MEETING JUNE 280, 1971 RESOLUTION (Continued) Mr. Emil W. Reznik has been a director of the corporation since it was formed in 1967 to operate the City busses. Council President Laven said that Mr. Reznik had done an excellent job and he was pleased that he had accepted the re- appointment. Councilman Reinke moved for adoption of this resolution, seconded by Councilman Allen. Motion was carried by a roll call vote of 7 ayes (Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak_ and Wise) 0 nays 2 absent (Councilmen Palmer and Zielinski) City Clerk Kathryn L. Blough was instructed to write a letter to Mr. Reznik to thank him for his past services and to wish him continued success in his new term. There being no further business to come before the Council, Councilman Craven moved for ad- journment. Councilman Grounds so moved. Motion carried. Time: 10:46 P. M. ATTEST: APPROVED: C/k,/r v " IDENT