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HomeMy WebLinkAbout09-13-71 Council Meeting MinutesREGULAR MEETING SEPTEMBER 13, 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, September 16, 1971 at 8:12 P.M. with eight mem- bers present, one member absent. The meeting was called to order by Council President Robert O. Laven. The invocation was given by Reverend Charles Franklin Bruce, Ridgedale Presbyterian Church, 1406 E. Ewing Avenue, South Bend, Indiana. RnT.T. CAT.T. PRESENT: Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Wise and Palmer ABSENT: Councilman Zielinski President Laven announced that a request had been made that the first and second reading of the Maple Lane Annexation Ordinance be moved from Item 13 to the first item of business on the agenda in order to allow the interested parties in the large audience to leave immediately ther after if they would like to do so. Councilman Gerald C. Reinke made a motion that Item 13 be read at this time, seconded by Councilman William Grounds. Motion carried. This ordinance was given first reading. A motion was made by Councilman John V. Wise, seconded by Councilman WalteVM. Szymkowiak, that there be no second reading, and there was an objection to this motion. City Attorney Shepard J. Crumpacker advised that the motion should be to kill the ordinance. Councilman Wise then made a motion to strike the ordinance, seconded by Council- man Szymkowiak. The motion was defeated by a voice vote of 3 ayes and 5 nays. President Laven then asked for the pleasure of the Council on the second reading. Councilman Janet S. Allen made a motion that there be no second reading of the ordinance, seconded by Councilman Wise. The motion was defeated by a voice vote of 3 ayes and 5 nays. Councilman Reinke made a motion in favor of the second reading of this ordinance, seconded by Councilman Grounds. The motion carried by a voice vote of 5 ayes and 3 nays. This ordinance was then given second reading. Councilman Grounds made a motion that this ordi- nance go to the Annexation Committee for a formal hearing on Thursday, September 23, 1971 at 7:00 P.M., seconded by Councilman Reinke. Motion carried. Councilman Janet Allen questioned the boundary description of the area for proposed annexation which the attached map did not clearly show and Mr. Crumpacker said that the area line in ques- tion was only a matter of six tenths of a foot as opposed to a greater distance, for instance 20 feet, and it was a proper legal description as read. President Laven entertained a motion for the third reading of this ordinance to be held on September 27, 1971, so moved by Councilman Grounds, seconded by Councilman Reinke. Motion carried. President Laven entertained a motion for a 5 minute....recess, so moved by Councilman Frederick D. Craven and seconded by Councilman Reinke. Motion carried. Time 8:25 P.M. 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, September 13, 1971 at 8 :36 P.M. after a short recess. The meeting was called to order by Council President Laven who presided. RESOLVE INTO THE COMMITTEE OF THE WHOLE Council President Laven entertained a motion to resolve the Council into the Committee of the Whole. Councilman Grounds so moved, seconded by Councilman Reinke. Motion carried. Time 8 :36 P.M. s REGULAR MEETING SEPTEMBER 13, 1971 REGULAR MEETING - RECONVENED (Cont.) 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, September 13, 1971, at 8:37 P.M., 8 members present, 1 member absent. The meeting was called to order by Chairman William W. Grounds who presided. 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. (Commonly known as Sample and Mayflower Roads) This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard thereon. Mr. Douglas Carpenter, Senior Planner of the Area Plan Commission, showed a map of the mobile home park which was the area to be rezoned. There were no questions from the audience on this ordinance. Councilman Laven said that in a report dated August 17, 1971 from the Area Plan Commission, the area of the mobile home park met all standards required by law for "all intents and purposes" and he asked what was meant by intents and purposes. Mr. Carpenter stated that all regulations were met with the ex- ception of requirements of skirts and that the Council is in a position to recommend compliance. Councilman Craven questioned the tie down section of the ordinance and said the park residents were not complying with the tie down requirement and that such requirement was for the residents own protection. Mr. Carpenter stated that a recommendation to enforce tie down regulations can be made by the Council. Mr. Crumpacker replied that in the future it will be up to the Building Department to enforce the regulation. Councilman Wise made a motion that this ordinance go to the Council as favorable, seconded by Councilman Craven. Motion carried. nRMWAVr R AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA - 1962 SECTION 40 AS AMENDED AND GENERAL ORDI- NANCE'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. (Commonly known as Lilac, Darden and Brick Roads) This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard thereon. Mr. Carpenter stated that this area was recently annexed to the City at the property owners" requests, and residents therein are now asking that this be rezoned to "A -1" Residential for single family dwellings. There were no questions from the audience regarding this ordinance. Councilman Janet Allen made a motion that this ordinance go to the Council as favorable, seconded by Councilman Craven. Motion carried. ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $20,000.00 FROM THE GENERAL FUND TO ACCOUNT G-53, "REFUNDS, AWARDS AND INDEMNITIES ", IN THE OFFICE OF CITY ATTORNEY, SAID ACCOUNT BEING WITHIN THE GENERAL 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. Mr. Crumpacker said that all of the money in the budget for this account had been expended and money was still owed. He further said that another $7;000 in claims would be received before the end of the year; this is because of claims against the City left over from previous years which will probably not be settled until sometime this year. This is brought about because the insurance companies pay the claims and then settle later with those at fault, and if the companies are not repaid they will void the insurance. He stated that this account is always in arrears. There were no questions from the audience or the Council concerning this ordinance. Councilman Reinke made a motion that this ordinance go to the Council as favorable, seconded by Councilman Craven. Motion carried. RISE AND REPORT TO COUNCIL There being no further business to be considered before the Committee of the Whole, Chairman Grounds entertained a motion to rise and report to Council, so moved by Councilman Reinke and seconded by Councilman Craven. Motion carried. Time 8:47 P.M. ATTEST: APPROVED: / ' 'f C REGULAR MEETING - RECONVENED CHAIRMAN' 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, September 13, 1971 at 8:48 P.M. The meeting was called to order by Council President Laven who presided. REGULAR MEETING REGULAR MEETING - RECONVENED (Cont.) REPORT OF THE COMMITTEE ON MINUTES SEPTEMBER 13, 1971 Your Committee on the inspection and supervision of the minutes would respectfully report that they have inspected the minutes of August 23, 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 Isl Albert E. Palmer There being no objections, the report was accepted as read and placed on file. CITIZENS REQUESTS - MISCELLANEOUS MATTERS Mr. Burnett Bauer, 1010 Hudson Avenue, South Bend, Indiana, referred to the storm sewer being installed at Monroe Street to service the downtown area and the Western Avenue housing project. Mr. Bauer related this water will be dumped directly into the St. Joseph River without purifi- cation or treatment and will offset the many anti - polution efforts made to purify the River. He said in the near future the State and /or Federal governments will impose controls on pollu- tion and it will be necessary to dig up this street again to install the safety system to purify the water. Certain statutes have been set up in Indiana for water purification and we have neighboring cities down stream who will suffer and make requests for us to clean up the water. He suggested the Council investigate to see if we can put in dry wells to catch the storm water and filter it through the ground before it is allowed to empty into the river or be used for human consumption. He stated that certain areas in the City have retention basins for storm water which hold the water until it is filtered through the ground. He requested that the Council check into the water quality and contact the Indiana State Pollution Board and get an OK from the County Board of Health on the standards for our water and see what can be done right now to end pollution of the River. Council President Laven stated he was sure Mr. Bauer was aware of the 8 million dollar bond issue to improve the present sewage treatment plant for sanitary sewage where, in some areas, storm water is also included. Mrs. Helen Heisler, 725 N. Ironwood, South Bend, Indiana, asked about the delay in forcing pro- perty owners on Ironwood, from Bader Avenue to Corby Boulevard, to install sidewalks. She re- lated that on June 28 the Board of Public Works sent a resolution to the Council asking it to mandate construction of sidewalks after residents had remonstrated against it. Mr. and Mrs. Heisler had petitioned for the sidewalks but the Barrett Law project was rejected by all other residents on Ironwood from Bader to Corby. Mrs. Heisler was concerned about the delay in this matter and said children are required to walk in the street which has heavy vehicle - 'traffic. Councilman Szymkowiak stated that similar lack of sidewalks on the City's west s' a also needs similar action by officials to force property owners to build the walks. City torney Shepard J. Crumpacker, a member of the board, apologized and said that the resolution never reached the Council as it was overlooked among the many other papers on his desk and the 60 -day period already had expired for the Council to take action. He said that the document for the Council had never been prepared. President Laven said this didn't seem quite -right and asked what re- course, if any, could be employed in this matter. Mr. Crumpacker said a new statutory proce- dure will be used to re- institute the project. Mr. Crumpacker assured Council and Mrs. Heisler that proper action would be taken in this matter. DT', TTMTnATC Petition to amend Zoning Ordinance We, the undersigned, do hereby respectfully make application and petition the Common Council of South Bend to amend the Zoning Ordinance of 3210 Mishawaka Avenue as hereinafter requested, and in support of this application, the following facts are shown 1. The property sought to be rezoned is located at 3210 Mishawaka Avenue, South Bend, Indiana 2. The property is owned by Gale E. & Margaret M. Collins 3. A legal description of the property is as follows: Lot numbered Fifty -One (51) as shown on the Recorded Plat of Fordham, now within and a part of the City of South Bend, recorded in Plat Book 7, page 41, in the Office of the Recorder of St. Joseph County, Indiana. 4. It is desired and requested that the foregoing property be rezoned: From "B" Residential Use and "A" Height and Area District To "C" Commercial Use and "A" Height and Area District. 5. It is proposed that the property will be put to the following use and the following build- ing will be constructed: For the use of a Retail Pet Shop operation 6. Number of off street parking spaces to be provided: Four (4) 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. * (See following page) /s/ Gale E. Collins 7-s7-Margaret M. Collins 3210 Mishawaka Ave. So. Bend, Ind. Petition prepared by: Donald E. Wertheimer 316 First Bank Building South Bend, Indiana 46601 I 632 REGULAR MEETING SEPTEMBER 13, 1971 REGULAR MEETING - RECONVENED (Cont.) PETITIONS (Cont.) Petition to amend Zoning Ordinance (Cont.) —for property at 3210 Mishawaka Avenue, South Bend Councilman Frederick D. Craven made a motion that this petition be referred to the Area Plan Commission for further study, seconded by Councilman Grounds. Motion carried. Petition to amend Zoning Ordinance I (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, 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: 4004 South Michigan Street, South Bend, Indiana, (140.40' North and South x 371.60' East and West, Being Lots 49 & 50 Chippewa Heights 2nd Addition). 2. The property is owned by: Loyal I. Wilson and Trois W. Wilson, Husband and Wife 3. A legal description of the property is as follows: Lots Numbered 49 and 50, Chippewa Heights 2nd Addition to the City of South Bend, St. Joseph County, State of Indiana. 4. It is desired and requested that the foregoing property be rezoned: From A Residential Use and A Height and Area District To C Commercial Use and A Height and Area District. 5. It is proposed that the property will be put to the following use and the following build- ing will be constructed: Veterinary Hospital 6. Number of off street parking spaces to be provided: Seven (7) 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: Jack C. Dunfee, Jr. THORNBURG, McGILL, DEAHL, HARMAN, CAREY & MURRAY By: /s/ Jack_ C. Dunfee, Jr. Attorney for Petitioner(s) 645 First Bank Building South Bend, Indiana 46601 Telephone: 233 -1171 Councilman - Reinke questioned the exact location of Lots 49 and 50 in Chippewa Heights 2nd Addi- tion and felt the.map was not too clear. Councilman Craven made a motion that this petition be referred to the Area Plan Commission for specific clarification of the lots involved, seconded by Councilman Palmer. Motion carried. Petition to amend Zoning Ordinance I, the undersigned, do hereby respectfully make application and petition the Common Council 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 the Northwest corner of Dubail Avenue and High Street. 2. The property is owned by Millard T. Hartman and Esther Hartman and their Power of Attorney to John Hurwitz which is attached hereto and marked Exhibit "A ". 3. A legal description of the property is as follows: A part of the East Half of the South East Quarter of Section No. 13, in Township No. 37 North, Range No. 2 East, described as follows, viz: Beginning at the intersection of the South line of Dubail Avenue in the City of South Bend with the East line of High Street in said City, which place of beginning is 70 feet South and 131 feet East of the South West corner of Lot Numbered 56 as shown on the recorded Plat of Oak Park Addition to said City of South Bend; thence South along the said East line of High Street a distance of 321 feet to the North line of Dayton Street in said City; thence East along the said North oine of Dayton Street a distance of 160 feet; thence North a distance of 321 feet to the South line of said Dubail Avenue; thence West along the said South line of Dubail Avenue, a distance of 160 feet to the place of beginning; ex- cepting therefrom a strip 165 feet in width measured North and South taken off of the en� tire South end of said tract. A part of the East Half of the South East Quarter of Section No. 13, in Township No. 37 North, Range No. 2 East, described as follows, viz: Beginning at a point on the East line of High Street, in the City of South Bend, Indiana, which point is 156 feet South of the intersection of the South line of Dubail Avenue and the East line of High Street in said City, which intersection is 70 feet South and 131 feet East of the South West corner of Lot Numbered 56 as shown on the recorded Plat of Oak Park Addition to the City of South Bend; thence South along the East line of High Street a distance of 165 feet to the North line of Dayton Street in said City; thence East along the said North line of Dayton Street a dis- tance of 160 feet; thence North a distance of 165 feet; thence West along a line parallel with the North line of Dayton Street a distance of 160 feet to the place of beginning. a REGULAR MEETING SEPTEMBER 13, 1971 REGULAR MEETING - RECONVENED (Cont.) PETITIONS (Cont.) Petition to amend Zoning Ordinance (Cont.) - for property at the Northwest corner of Dubair Avenue and High Street. 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 build- ing will be constructed: The Sycamores, Inc., incorporated as a non - profit service organ- ization to provide housing and other needed services to the physically and mentally handi- capped proposes to build a residential home to provide residence for 9 young adult men and 9 young adult women and two houseparent couples. Residents participate in Adult Training Center of the St. Joseph County Association for Retarded Children. A one -store 5340 square foot building will be constructed. 6. Number of off street parking spaces to be provided: Five (5) 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 Hurwitz Signature of Petitioner John Hurwitz 826 Circle Tower Indianapolis, Indiana 46204 Petition prepared by: /s/ Irving J. Smith Irving J. Smith SMITH And KUSBACH 806 Tower Building South Bend, Indiana 46601 Councilman Reinke asked for clarification of the exact property involved. Councilman Albert E. Palmer made a motion that this petition be referred to the Area Plan Commission for specific clarification of the lots involved, seconded by Councilman Grounds. Motion carried. REPORT OF THE COMMITTEE OF THE WHOLE Council President Laven entertained a motion to dispense with the reading of the Committee of the Whole Report, so moved by Councilman Grounds and seconded by Councilman Palmer. Motion carried unanimously. ORDINANCES, THIRD READING ORDINANCE NO. 5336 -71 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. (Commonly known as Sample and Mayflower Roads) This ordinance was given third reading. Councilman Grounds moved that the ordinance be passed, seconded by Councilman Craven. Ordinance passed by a roll call vote of 8 ayes (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Wise, Palmer), 0 nays, 1 absent (Councilman Zielinski). ORDINANCE NO. 5337 -71 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. (Commonly known as Lilac, Darden, and Brick Roads.) This ordinance was given third reading. Councilman Janet Allen moved for passage of the ordi- nance, seconded by Councilman Craven. Ordinance passed by a roll call vote of 8 ayes (Council- men Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Wise and Palmer), 0 nays, 1 absent (Councilman Zielinski). G34 REGULAR MEETING SEPTEMBER 13, 1971 REGULAR MEETING - RECONVENED (Cont.) ORDINANCES, THIRD READING (Cont.) ORDINANCE NO. 5338 -71 AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $20,000.00 FROM THE GENERAL FUND TO ACCOUNT G -53, "REFUNDS, AWARDS AND INDEMNITIES ", IN THE OFFICE OF CITY ATTORNEY, SAID ACCOUNT BEING WITHIN THE GENERAL FUND. This ordinance was given third reading. Councilman Craven moved for passage of the ordinance, seconded by Councilman Grounds. The ordinance passed by a roll call vote of 8 ayes (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Wise and Palmer), 0 nays, 1 absent (Councilman Zielinski). UNFINISHED BUSINESS None NEW BUSINESS None There being no further business, new or unfinished, to come before the Council, Councilman Reinke made a motion to adjourn, seconded by Councilman Janet Allen. Motion carried. Time 9:14 P.M. ATTEST: APPROVED: PRESIDENT