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HomeMy WebLinkAbout08-09-71 Council Meeting Minutes1 REGULAR MEETING August 9, 1971 REGULAR MEETING August 9, 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, August 9, 1971, at 8:00 P.M., with eight members present, one member absent. The meeting was called to order by the Council President Robert O. Laven. The invocation was given by Reverend Charles W. Cook, St. Paul's Memorial United Methodist Church, 1001 W. Colfax Avenue, South Bend, Indiana ROLL CALL PRESENT: Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Palmer and Zielinski. ABSENT: Councilman Wise 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 Craven so moved and Councilman Janet Allen seconded the motion. Motion carried. Time 8:06 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, August 9, 1971 at 8:07 P.M., eight members present, one member absent. The meeting was called to order by Chair- man William W. Grounds who presided. ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $35,000.00 FROM THE.GENERAL FUND TO THE FOLLOWING ACCOUNTS IN THE MUNICIPAL SERVICES FACILITY BUDGET: U -321, "GASOLINE ", $14,000.00; U -252, "REPAIRS OF EgUIPMENT ", $5,000.00; U -324, "OTHER GARAGE AND MOTOR SUPPLIES, $8,000.00; AND U -43, "REPAIR PARTS ", $8,000.00, ALL BEING WITHIN THE GENERAL FUND. This being the time heretofore set for public hearing on the above ordinance, Mr. Richard J. Duck of the Municipal Services Facility Department spoke on the ordinance stating that there had been an increase in the costs of all parts and repairs since 1970, and also an increase in the size of the City's fleet of vehicles. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, inquired as to whether.there was enough money within the de- partmental budget, including the above transfer of funds, to cover costs of necessary parts - - -. and repairs. She further stated she had many inquiries from .local citizens concerning the high rate of accidents to police cars and asked for explanation of what was being done to reduce these accidents. City Engineer Lloyd Taylor replied that statistically it is not as bad as it appears and there is an extensive campaign presently in force to reduce accidents and promote safety within the Police Department. He felt the matter was under control, with no recent accidents. There being no further questions from the audience or Council, Councilman Zielinski made a motion that this ordinance go to Council as favorable and was seconded by Councilman Palmer. 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. Councilm ,Craven so mo ed, seconded by Councilman Janet Allen. Motion carrie Time 8:21 P.M. ATTEST APPROVE 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, August 9, 1971 at 8 :22 P.M. The meeting was called to order by Council President Laven who presided. REPORT OF THE COMMITTEE ON MINUTES Your Committee on the inspection and supervision of the minutes would respectfully report that they have inspected the minutes of the July 26, 1971 regular meeting 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. CITIZENS REQUESTS - MISCELLANEOUS MATTERS None REPORT FROM AREA PLAN COMMISSION A report relating to zoning property adjacent to Twyckenham and Edison Road was read by the Clerk, as follows: Goa REGULAR MEETING August 9, 1971 REGULAR MEETING - RECONVENED REPORT FROM AREA PLAN COMMISSION (Cont.) Is August 4, 1971" The Honorable Common Council of the City of South Bend County -City Building South Bend, Indiana Gentlemen: Re: Zoning petition of Area Plan Commission to zone property adjacent to Twyckenham & Edison. The attached ordinance originated by the Area Plan Commission was legally advertised on July 24 and July 31, 1971 and a public hearing was had on Tuesday, August 3, 1971. The following action was taken at that hearing: After due consideration, it was moved, seconded and unanimously carried that this ordinance be recommended favorable to the Common Council of the City of South Bend. Excerpts from the minutes of the Area Plan Commission meeting will be forwarded to you at a later date. Very truly yours, /s/ Howard Bellinger Howard Bellinger, Executive Director HB:eb "Attach. If There being no objections, the report was accepted and placed on file. DVMTMTnuc Petition to amend Zoning Ordinance 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 City 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 3012 East Edison Road (South Side of Edison, South Bend, Indiana. 2. The property is owned by Effie Knappen and under option by John K. Wilson. 3. A legal description of the property is as follows: A tract of land of approximately 0.935 acres, subject to all legal right -of -way for public highways, commonly known as 3012 East Edison Road in the City of South Bend, Indiana, located in the Northwest 1/4 of the North- east 1/4 of Section 5, Township 37 North, Range 3 East, St. Joseph County, Indiana and more particularly described as follows: Beginning at a point on the North line of said Northeast 1/4 of said Section 5, 72.00 feet East of the Northwest corner of said Northeast 1/4, said North line being also the center- line of Edison Road; thence North 890 30'21" East along said North line and said centerline of Edison Road a distance of 195.30 feet; thence South 00 °01'09" East a distance of 208.56 feet; thence South 890 30' 21" West a distance of 195.30 feet; thence North 00 001'09" West a distance of 208.56 feet to the point of beginning. 4. It is desired and requested that the foregoing property be rezoned From "A" Residential Use and "A" Height and Area District TO "B" Residential 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 remodeled: Existing house and attached garage will be remodeled to become a meeting and general use building as a part of Crestwood Gardens development project. The existing detached garage will be demolished. 6. Number of off street parking spaces to be provided: Fifteen- three at north side (front) of existing house and twelve at south side (rear) of existing house. 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/ John K. Wilson John-K. Wilson 52835 Arbor Drive South Bend, Indiana Petition prepared by: James E. Childs Lim Associates, Inc. 1'31 1- C�­i-'h M, -k, nan C-1- REGULAR MEETING August 9, 1971 PETITIONS (Cont.) Councilman Grounds made a motion that this petition be referred to Area Plan Commission for re- view, seconded by Councilman Zielinski. Motion carried. Petition to amend Zoning Ordinance We, the undersigned, do hereby respectfully make application and petition to the Common Council of the City of South Bend, Indiana to supplement and amend the Zoning Ordinance of the City of South Bend, Indiana as hereinafter requested, and in support of this application, the following facts are shown: 1. 2. 3. 4. 5. 6. The property sought to be rezoned is located at 18389 Edison Road, South Bend, Indiana. The property is owned by Louis Rappelli and Carmella Rappelli. A legal description of the property is as follows: A tract of land in the Southwest Quarter (1/4) of the Southeast Quarter (1/4) of Section 31, Township 38 North, Range 3 East, described as follows: Beginning at a point in the center line of Edison Road (the center- line of Edison Road being the present city limits of South Bend, Indiana), 432.30 feet East of the Southwest corner of the Southeast Quarter (1/4) of Section 31, Township 38 North, Range 3 East; thence running North parallel with the West line of the Southeast Quarter (1/ 228.71 feet; thence running East 208.71 feet to a point; thence running South 155.41 feet to a point; thence Southwesterly on a curve whose radius is 290.28 feet a distance of 64.98 feet to a point 48.5 feet North of the centerline of Edison Road; thence South 48.5 feet to the centerline of Edison Road (the centerline of Edison Road being the present city limits of South Bend, Indiana) and a point 150 feet East of the place of beginning; thence West 150 feet to the place of beginning. It is desired and requested that the foregoing property be rezoned From "Unzoned" Use and "No" Height and Area District To "C" Commercial Use and "F" Height and Area District. It is proposed that the property will be put to the following use and the following build- ing will be constructed: Two -story building with top story to contain ten (10) single occupancy efficiency apartments and ground level to house hair styling studio. Number of off street parking spaces to be provided: Forty -two (42). 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/ Louis Rappelli and Carmella Rappel by: Joseph V. Simeri, Their Attorney 704 Peashway South Bend, Indiana Petition prepared by: Joseph V: Simeri Bodine, Leibowitz & Simeri 203 East Fourth Street Mishawaka, Indiana 46544 (219) 259 -6301 Councilman Palmer made a motion that this petition be referred to the Area Plan Commission for further study, seconded -by Councilman Grounds. Motion carried. 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 Janet Allen so moved, seconded by Councilman Craven. Motion carried unanimously. ORDINANCES, THIRD READING ORDINANCE NO. 5327 -71 AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $35,000.00 FROM THE GENERAL FUND TO THE FOLLOWING ACCOUNTS IN THE MUNICIPAL SERVICES FACILITY BUDGET: U -321, "GASOLINE ", $14,000.00; U -2521 "REPAIRS OF EQUIPMENT ", $5,000.00; U -324, "OTHER GARAGE AND MOTOR SUPPLIES ", $8,000.00; AND U -43, "REPAIR PARTS % $8,000.00, ALL BEING WITHIN THE GENERAL FUND. This ordinance was given third reading. Councilman Zielinski moved that the ordinance be passed, seconded by Councilman Palmer. Ordinance passed by a Roll Call vote of 8 ayes (Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Palmer and Zielinski), 0 nays, 1 absent (Councilman Wise). i REGULAR MEETING August 9, 1971 ORDINANCES, FIRST and SECOND READINGS ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE 4990 - CHAPTER 40 OF MUNICIPAL CODE (FORMERLY ZONING ORDINANCE 3702) AS AMENDED. (Twyckenham - Edison Road) This ordinance was given first and ordinance be set for public hearing carried. ORDINANCE second readings. Councilman Zielinski made a motion that thi; on August 23, 1971, seconded by Councilman Craven. Motion 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 $403,268.43. This ordinance was given first and second readings. Councilman Grounds made a motion that this ordinance be set for public hearing on August 23, 1971, seconded by Councilman Szymkowiak. Motion carried. ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WATER WORKS OF SOUTH BEND, INDIANA AND RANSBERGER'S, INC. OF SOUTH BEND, INDIANA, FOR CLEANING AND PAINTING OF THE 250,000 GALLON ELEVATED STEEL WATER STORAGE TANK AT THE SOUTH FELLOWS STREET BOOSTER STATION, IN THE AMOUNT OF $7,245.00. This ordinance was given first and second readings. Councilman Reinke made a motion that this ordinance be set for public hearing on August 23, 1971, seconded by Councilman Craven. Motion carried. ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $4,000.00 FROM THE GENERAL FUND, AND THE TRANSFER OF SAME TO ACCOUNT Q -43, "REPAIR PARTS ", IN THE FIRE DEPARTMENT BUDGET, ALL BEING WITHIN THE GENERAL FUND. This ordinance was given first and second readings. Councilman Grounds made a motion that this ordinance be set for public hearing on August 23, 1971, seconded by Councilman Szymkowiak. Motion carried. nRnTVAXrR AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $2,000.00 FROM THE GENERAL FUND, AND THE TRANSFER OF SAME TO ACCOUNT Q -262, "MEDICAL, SURGICAL AND DENTAL ", IN THE FIRE DEPARTMENT BUDGET, ALL BEING WITHIN THE GENERAL FUND. This ordinance was given first and second readings. Councilman Grounds made a motion that this ordinance be set for public hearing on August 23, 1971, seconded by Councilman Palmer. Motion carried. ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $1,000.00 FROM THE GENERAL FUND TO ACCOUNT B -241, "PRINTING, OTHER THAN OFFICE SUPPLIES ", IN THE OFFICE OF CONTROLLER BUDGET, SAID ACCOUNT BEING WITHIN THE GENERAL FUND. This ordinance was given first and second readings. Councilman Grounds made a motion that this ordinance be set for public hearing on August 23, 1971, seconded by Councilman Janet Allen. Motion carried. RESOLUTIONS RESOLUTION NO. 280 -71 A RESOLUTION TRANSFERRING $2,866.69 FROM ACCOUNT Y -532 TO ACCOUNT Y -54, WITHIN THE FIREMEN'S PENSION FUND. WHEREAS, certain extraordinary conditions have developed since the adoption of the existing annual budget so that it is now necessary to appropriate more money than was appro- priated in the annual budget for Account Y -54 within the firemens' pension fund; and ; i, S REGULAR MEETING August 9, 1971 RESOLUTIONS RESOLUTION NO. 280 -71 (Cont.) WHEREAS, a surplus exists within Account Y -532, also within the firemen's pension fund. NOW,THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. That the sum of $2,866.69 be transferred from Account Y -532 to Account Y -54, both being within the Firemen's Pension Fund. SECTION II. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the mayor. /s/ Frederick D. Craven Member of the Common Council A public hearing on this resolution was held at this time. City Controller James A. Bickel stated the Y -54 Account was for Refunds, Awards, and Indemnities, to pay men on the retirement list based on a law suit, fund is $2,866.69 short and the City lost the suit. As concerns the police pension fund, two law suits were lost by the City in 1969 and 1964 and a portion of this has been paid off but next year $162,000 will be required to pay it off. Miss Guthrie of the City Planning Association inquired if this was for the first half -year or for a full year. Mr. Bickel replied it was for a full year. The money is available, but it requires the transfer of funds. Councilman Reinke inquired if there was something the Council could do to prevent these law suits from recurring. City Attorney Shepard J. Crumpacker stated this takes care of all suits filed thus far. He stated that he could think of no way the Council could prohibit the filing of more such suits if the retirees see fit to file, but we hope circumstances have been taken care of to prevent this in the future. Councilman Reinke asked who determines the rate retirees are paid in setting up a table of organization. City Attorney Crumpacker replied that this is determined by the Court. The first such suit was over a question of longevity. The pay scale was set up in 1961 in longevity increments based on length of service and continued without these increases. Councilman Grounds asked AQCW much it costs the citizens of South Bend in defending one of these law suits. The suit is /approximately one million dollars. Council- man Grounds questioned if this was necessary for only one year or ad infinitum. City Attorney Crumpacker replied that the State Legislature sets this payment; maximum payment of 60% went to maximum payment of 75% after 32 years of service. Mr. Bickel stated $150,000 is needed this year, $162,000 needed next year, and $500,000 for the Police Department retires to catch up. Councilman Craven made a motion for the adoption of the resolution, seconded by Councilman Janet Allen. The Resolution was passed by a Roll Call vote of 8 ayes (Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Palmer and Zielinski), 0 nays, 1 absent (Councilman Wise.) UNFINISHED BUSINESS Council President Laven announced that next Monday, August 16, 1971, at 7:00 P.M., in the Council Chambers of the County -City Building there would be an informal hearing on one item only, that of the budget for the Sanitation Department, which includes trash hauling, and welcomed any and all citizens to attend the hearing. Councilman Janet Allen asked if there was anything to report on the anti -noice ordinance. As no information was readily available, she requested the Clerk to submit a report to the Council showing arrests made, warrants issued, etc., for violations of the above ordinance. NEW BUSINESS None. There being no further business, new or unfinished, to come before the Council, Councilman Craven made a motion to adjourn, seconded by Councilman Palmer. Motion carried. Time 8:52 P.M. ATTEST: APPROVED: PRESIDENT