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HomeMy WebLinkAbout11-22-71 Council Meeting MinutesREGULAR MEETING NOVEMBER 22, 1971 Be it remembered that the Common Council of the City of South Bend, Indiana met in the Council Chambers of the County -City Building on Monday, November 22, 1971, at 8 :08 P.M., with eight members present, one absent. The meeting was called to order by Council President Robert O. Laven who presided. The invocation was given by Reverend F. Thomas Lallak, Chaplain of the Police and Fire Departments, and Assistant Pastor of St. Anthony's Catholic Church, 2310 East Jefferson "Boulevard, South Bend, Indiana. ROLL CALL PRESENT: Councilmen Laven, Allen, Reinke, Craven, Grounds Szymkowiak, Wise and Zielinski. ABSENT: Councilman Palmer. Councilman Laven announced that Mr. Palmer would be late in arriving. RESOLVE INTO THE COMMITTEE OF THE WHOLE Council President Laven entertained a motion to resolve the Council into the Committee of the Whole. Councilman Frederick D. Craven so moved, seconded by Councilman Raymond C. Zielinski. Motion carried. Time 8:10 P.M. REGULAR MEETING NOVEMBER 22, 1971 REGULAR MEETING (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, November 22, 1971, at 8 :11 P.M., with eight members present, one absent (Councilman Palmer). The meeting was callec 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, AS AMENDED. (Southeast end of Broadmoor Shopping Center - McDonald's) 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 is a continuation of the public hearing on this ordinance carried over from the last regular meeting. Councilman Laven stated it was continued from the last regular meeting because all Council Members were not at present at that time and he felt all concerned should be aware of this ordinance. Proponents William E. Voor, Jr., Attorney for the petitioners, and Mr. George Sensor, real estate representative for McDonald's were present. Mr. Douglas Carpenter of the Area Plan Commission said that McDonald's had submitted 3 different site plan revisions and had complied with everything asked of them, including regulations concerning the fence, building location and drainage conditions. Mr. and Mrs. William B. Haselton, 1238 Catherwood, Mr. and Mrs. James L. Sparks, 1242 Catherwood, Mr. Thomas Farkas, 1246 Catherwood, Mr. Paul M. McKenzie, 1304 Catherwood, Mr. Donald L. Slater, 4423 Brookton, and Miss Fanny Grunwald, 227 S. Frances Street, all of South Bend, Indiana, spoke against the ordinance. Those with property adjacent to the proposed.construction site argued this restaurant would bring a decline to property values, increase traffic to the area thereby causing a problem of traffic hazards and congestion, school children and others will be cutting across their yards, peeking into their windows thereby invading their privacy and attempting to climb the fence as a short cut to the restaurant which they are now doing as a short cut to the existing shopping center. With present grade levels any fence erected would obstruct the view and create a problem with maintenance as is often so with drive -in type restaurants. Restrictive covenants in deeds to their properties, in effect for approximately 5 more years, term the area in question as "A" Residential; they commented that if they could not rely on their property deeds there was little else to depend on and the rezoning would force a court battle. Councilman Janet Allen asked if the covenants in the deeds were brought up at the Area Plan Commission -meet- ing. Mr. Voor commented that there are covenants and if the residents wish to test them, they are free to do so but the problem before the Council is not the covenants but the rezoning. Councilman Laven asked if the Area Plan Commission had considered "B" zoning as an alternate. He commented this was done between the residential and commercial areas to stop extensive com- mercial building when the Ayr -Way Store was built at McKinley and Hickory Roads. Councilman Reinke said in his opinion the Council should give the best possible zoning for the area involved and made a motion that Section 1 of the proposed ordinance be changed from "C" Commercial use and "C" height and area district to read, " - -- "C" Commercial use and "A" Height and Area Dis- trict - - - ". The motion was seconded by Councilman Walter M. Szymkowiak. Motion carried. Councilman Reinke then made a motion that the ordinance, as amended, qo to the Council as favor- able, seconded by Councilman Szymkowiak. Motion carried. Councilman Albert E. Palmer arrived - Time 8:45 P.M. ORDINANCE AN ORDINANCE NDING CHAPTER 11 SECTION 11 -18, ORDINANCE NUMBERS 3913, 7, AND 4537 -62, 9 3, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, PROVIDING FOR STANDARDS FOR INSTAL- LATION OF ELECTRICAL EQUIPMENT GENERALLY 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. Forrest West, Building Commissioner said this is a routine matter. It is requested that the major electrical code for 1971 be adopted instead of the present one under date of 1968. A new code is adopted every 3 years. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, asked what this was for. Mr. West said this allows the latest changes and updates the code. Councilman Reinke made a motion that the ordinance go to the Council as favorable, seconded by Councilman Craven. Motion carried. ORDINANCE AN ORDINANCE FURTHER AMENDING CHAPTER 9, SECTIONS 2 AND 3, BEING ORDINANCE NUMBER 4381, SECTIONS 1 AND 4, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, BY PROVIDING FOR THE ADOPTION OF A ONE AND TWO FAMILY DWELLING CODE 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. West stated this is for the pur- pose of establishing a code for residential structures of one and two family dwellings which we have never had. This will be a nationally recognized code and this will probably be the first city in Indiana to adopt such a code. Mr. Joseph Guentert, 1034 Foster Street, South Bend, Indiana, asked what this meant to South Bend residents. Mr. West replied that it pertains to construction and construction methods and describes basic practices. Councilman Szymkowiak made a motion that the ordinance go to the Council as favorable, seconded by Councilman Reinke. Motion carried. REGULAR MEETING NOVEMBER 22, 1911 REGULAR MEETING - (Cont.) COMMITTEE OF THE WHOLE MEETING - (Cont.) ORDINANCE AN ORDINANCE APPROPRIATING THE SUM OF $36,000.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING 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. City Engineer Lloyd Taylor prepared and read the following letter: "Memo to: Board of Public Works and Safety October 27, 1971 " Subject: Storm Water Retention Basin in Crestwood Gardens (Lagoon "E ") In December, 1969 the firm of Charles W. Cole and Son, Inc. prepared a storm drainage study of the northeast section of the City. In this Study a storm water retention basin was recommended for construction in an open area of land south of Edison Road between the Edison Park and McKinley Terrace Additions. This basin was to gather storm water from 93 acres of land. Late in 1970 a petition was filed with the Area Plan Commission to rezone the open area to B residential for the construction of apartments. In out review of this project we stated in our memo to the Area Plan Commission dated November 4, 1970 the following: "The problem of greatest concern to us is that the southern part of this site has been designated as a proposed storm water detention basin. I do not feel that we can stand in the way of the required rezoning for this reason; there- fore, it is up to the City to negotiate with the developer for the needed detention basin site ". It was later discussed with the developer (Crestwood Management Company) the possi- bility of incorporating the storm water basin into the project, thereby creating open space and beautification plus fulfilling the needs of the City. This was agreed to and the firm of Engineering Planning Services, Inc. was directed by the developer to prepare a report on the analysis of the cost distribution of the re- tention basin. This report was prepared by the firm and approved by the Engineer- ing Department of the City. The report pointed out that the proposed lagoon would have a capacity of 6.5 acre -feet as compared to the required 13.958 acre feet required for the full 93 acres, thereby serving only 43.5 acres. Since Crestwood Apartments would be contributing 8.85 acres of runoff to the basin it was determined they should contribute 20% of the cost of land and construction of the basin. The estimated construction cost was $25,060. 80% of the construction cost amounts to $20,048. The City employed Jack Harris to appraise the property -- this report was filed with the Engineer September 27, 1971 and indicated a value of $8500 per acre. The amount of land in question is 1.84 acres and based on the above price would amount to $15,640. If the City bears 80% of this cost, the City's share would be $12,512. Total project cost would be as follows: City share of construction cost - - - - - - - - - $20,048.00 City share of land cost - - - - - - - - - - - - - - 12,512.00 Appraisal Fee - - - - - - - - - - - - - - - - - - - - 105.00 Contingency - - - - - - - - - - - - - - - - - - - - - 3,335.00 $36,000.00 The above figures have been accepted by the developer as stipulated in the Memo- randum of Agreement between the Board and the Developer dated October 26, 1971. The Engineering Department hereby requests the preparation of an ordinance to the City Council appropriating from the Cumulative Sewer Building and Sinking Fund $36,000.00 for this project. The Engineering Department believes this project is necessary for the health, welfare and safety of the citizens and taxpayers of the City of South Bend, and that the project will be of public use and benefit. /s/ Lloyd S. Taylor City Engineer LST :td cc: James A. Bickel " S. J. Crumpacker I Miss Guthrie questioned the location of the basin and the cost. Mr. Taylor commented it was to the Southeast of the McKinley Terrace area and that the City was paying 80 %. Councilman Craven said that both words, retention and detention, were used as regards the basin and asked the difference. Mr. Taylor said a retention basin does hold water, detention basin does not. He said the developer will build a retention basin. Councilman Reinkb made a motion that the ordinance go to the Council as favorable, seconded by Councilman Craven. Motion carried. .[t.0 t,7V 111']tt 1.1L' L' 111V V REGULAR MEETING - (Cont.) COMMITTEE OF THE WHOLE MEETING - (Cont.) nRnTN21'AT0 V NUVh 1BER 22, 1971 AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE MOTOR VEHICLE HIGHWAY FUND FROM ACCOUNT MVH -63, "RETIREMENT ", IN THE AMOUNT OF $25,000.00, AND THE TRANSFER OF SAID SUM TO ACCOUNT MVH -722, "MOTOR EQUIPMENT" 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. Richard Gartner, Street Commis- sioner, stated the Council had been furnished a breakdown of materials needed. He said the transfer of funds was needed to equip the trucks with proper ice and snow removal accessories such as front snow blades, underbody snow blades, castor wheel assemblies, high candle power ploy lights, etc. Miss Guthrie questioned if the money was available and, if so, felt the retirement account was well overbudgeted. Councilman Reinke questioned how long it would take to redo the present units. Mr. Gartner said the equipment is in stock and their units had been standardized. Councilman Laven made a motion the ordinance go to the Council as favorable, seconded by Council- man Reinke. Motion carried. nDnTATaAT0V AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION TO ACCOUNT P -262, "MEDICAL, SURGICAL AND DENTAL" IN THE AMOUNT OF $1,000.00, ACCOUNT P -323, "TIRES AND TUBES" IN THE AMOUNT OF $800.00, ACCOUNT P -722 "MOTOR EQUIPMENT" IN THE AMOUNT OF $5,800.00, AND THE TRANSFER OF SAID SUMS FROM ACCOUNT P -12, "SERVICES PERSONAL ", IN THE POLICE DEPARTMENT BUDGET, ALL 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. Police Chief Loren Bussert stated the department had $400 in outstanding bills in the medical, surgical & dental account, $200 of which was incurred during the recent high school confrontation. He stated a need for motor equipment and two cars had been totally damaged recently, plus various other tires and tubes. Miss Guthrie said she felt certain accounts in this department were greatly overbudgeted. Counci man Reinke commented he felt the Police Department was doing a fine job during this year and this was only the second transfer of funds requested. He said he felt it was better to overbudget than to under estimate. Councilman Reinke made a motion that the ordinance go to the Council as favorable, seconded by Councilman Zielinski. Motion carried. ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WASTEWATER TREATMENT PLANT OF THE CITY OF SOUTH BEND, INDIANA, AND HITE EQUIPMENT RE- PAIR, INC., FOR THE PURCHASE OF A CASE 4 -WHEEL RUBBER TIRE LOADER IN THE SUM OF $18,800.00 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. Louis Rague of the Waste Water Treatment Plant read the following letter from Mr. Hunter addressed to the Council: "TO: Members of the Common Council November 4, 1971" FROM: John L. Hunter, Director of Utilities RE: Four Wheel Loader Wastewater Treatment Plant The proper procedure was followed in securing bids on a new loader. Bids were received from the following: A. H. Choitz & Co., Inc. $19,950.00 D. D. Kennedy, Inc. 2.3,240.00 Korte Brothers, Inc. 23,128.00 (Alternate) 24,375.00 Hite Equipment Repair, Inc. 18,800.00 Indiana Equipment Company 23,167.00 Our supervisor, Morgan Peck, checked the equipment of the low bidder and found that it was bid in accordance with specifications. We, therefore, entered into a con- tract with Hite Equipment Repair, Inc. as the low bidder. Attached is Mr. Louis Rague's report explaining the need for the equipment. "Attachments /s/ John L. Hunter T Mr. Raque also read excerpts from the letter he had written to Mr. Hunter making this request, as follows: "Mr. John Hunter: Re: Plant Payloader September 27, 1971 " The Plant would like your permission to: A. Present specifications for bids for a new, larger payloader for Sludge Farm duties. B. Keep present payloader for lighter Plant duties. (Letter continued on next page) REGULAR MEETING NOVEMBER 22, 1971 REGULAR MEETING - (Cont.) COMMITTEE OF THE WHOLE MEETING - (Cont.) ORDINANCE - (Cont.) "The present payloader is eleven years old and Morgan Peck believes that it has surpassed its usefull economical life. The purchase price was $8,900.00. This unit was purchased for duties in the sludge beds but was also used for snow removal and a list of other miscellaneous plant duties. For example: Cleaning bar screens, maintenance work on Primary chain handling, grit screw overhaul, scum burner work, etc. During the last few years, Morgan Peck has used it exten- sively at the Sludge Farm. Morgan Peck feels that it should be replaced with a new, larger unit. The Superintendent in his report dated September 3, 1971, titled "Digester Cleaning ", makes the following references: THE FUTURE We are hoping that Morgan Peck can address himself to the possibility of removing the digester cleaning sludge, from the lagoon and find a way to recycle it. This is a very large assignment, but the goal is a worth- while one. /s/ Louis Rague " Councilman Janet Allen made a motion the 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, and also for a short recess, so moved by Councilman Szymkowiak and seconded by Councilman Janet Allen. Motion carried. Time 9:25 P.M. ATTEST: REGULAR MEETING -RECONVENED APP OVED: c r , 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, November 22, 1971 at 9 :37 P.M. after a short recess. 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 November 8, 1971 regular meeting of the Council and found them correct. They therefore recommend that the same be approved. /s/ Robert 0. 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 Council President Laven introduced the recently elected members of the new South Bend Common Council who were present in the audience: Councilmen -at- Large, Peter J. Nemeth, Frank Horvath; and Joseph T. Serge, lst district; Walter T. Kopczynski, 6th district; Terry S. Miller, 3rd district; Robert G. Taylor, 5th district; and Mrs. Irene Gammon, City Clerk; and Charles Sweeney, Jr., City Attorney. Mr. Laven announced that the new Council members were invited to meet with the outgoing Council in caucus to go over the agenda and meeting decorum on December 13, 1971 at 6 :30 P.M. in the Council Caucus Room. Mr. Joseph Guentert commented on the recent riots in several of the City's high schools within recent weeks. Concerning this matter he felt the welfare of South Bend citizens was at stake and urged the Council and the Board of Public Works and Safety to investigate in an effort to find the cause of the problem. He said there had been charges of racism and lack of dis- cipline, which the students themselves were seeking, and he felt the true situation should be brought to light. Mr. Laven said that the Human Relations Commission had been invited by the School Corporation to do this and that there was a member of the Council on the committee. REGULAR MEETING NOVEMBER 22, 1971 REGULAR MEETING - RECONVENED - (Cont.) REPORTS FROM THE AREA PLAN COMMISSION A report relating to the zoning of property located South of Ewing Avenue, West of Olive Street, East of Kaley Street and North of Prairie Avenue was read as follows: "The Honorable Common Council of the City of South Bend November 16, 1971 " County -City Building South Bend, Indiana Gentlemen: RE: Rezoning ordinance originated by the Area Plan Commission to zone property recently annexed and located south of Ewing Ave west of Olive Street, east of Kaley St. and north of Prairie Ave. The attached ordinance originated by the Area Plan Commission of St. Joseph County was advertised for public hearing on September 11 and September 18, 1971 and a public hearing was had on September 21, 1971 at which time a motion was made, seconded and carried that this public hearing be continued to the next regular meeting. At the public hearing held on Tuesday, October 19, 1971, the following action was taken: After due consideration, a motion was made, seconded and unanimously carried that this proposed rezoning be recommended favorably to the City Council. Excerpts from the minutes of both meetings are attached hereto. Very truly yours, /s/ Howard Bellinger HB:eb Howard Bellinger, "Attach. 27 Executive Director " There being no objections, the report was accepted as read and placed on file. A report relating to the zoning of property located at the intersection of Frances Street and South Bend Avenue was read as follows: "The Honorable Common Council of the City of South Bend November 17, 1971 " County -City Building South Bend, Indiana Gentlemen: RE: Petition of John W. and Esther E. Morrow to rezone the southeast corner of the intersection of Frances Street and South Bend Avenue The rezoning petition of John W. and Esther E. Morrow was legally advertised for public hearing on November 6 and November 13, 1971 and a public hearing was had on November 16, 1971 at which time the following action was taken: After due consideration, it was moved, seconded and carried that the ordinance and site development plan be returned to the South Bend Council with the recommendation it be disapproved. Excerpts from the minutes of the Area Plan Commission meeting will be for- warded to you at a later date. /eb It Very truly yours, /s/ Howard Bellinger Howard Bellinger, Executive Director it There being no objections, the report was accepted as read and placed on file. A report relating to the zoning of property located immediately west of 229 East Ireland Road was read as follows: "The Honorable Common Council of the City of South Bend November 17, 1971 to County -City Building South Bend, In. Gentlemen RE: Petition Of L. S. Ayres & CO. and Sam Cossman to rezone property immediately west of 229 East Ireland Rd. (Report continued on next page) REGULAR MEt;'1 LNU REGULAR MEETING - RECONVENED - (Cont.) REPORTS FROM AREA PLAN COMMISSION (Cont.) 1Y V V Ll l.v"L% 4 - , _ _ i i " The rezoning petition of L. S. Ayres & Co. and Sam Cossman was legally advertised for public hearing on November 6 and November 13, 1971 and a public hearing was had on November 16, 1971 at which time the following action was taken: After due consideration, it was moved, seconded and carried that the ordinance and site development plan be returned to the South Bend Council with the recom- mendation it be disapproved. 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, "/eb Executive Director There being no objections, the report was accepted as read and placed on file. A report relating to the zoning of property at 18389 Edison Road was read as follows: "The Honorable Common Council of the City of South Bend November 17, 1971 " County -City Building South Bend, In. Gentlemen: RE: Petition of Louis and Carmella Rappelli - 18389 Edison Road The rezoning petition of Louis and Carmella Rapelli was legally advertised for public hearing on November 6 and November 13, 1971 and a public hearing was had on November 16, 1971, at which time a letter from Joseph V. Simeri, attorney for petitioners, was read. The letter is as follows: "Please be advised that I, as attorney for Louis and Carmella Rappelli, request that the present petition for rezoning on file and scheduled for hearing be withdrawn. It is our desire that the Area Plan Commis- sion simply proceed and give the parcels in question the normal type rezoning which is authorized with respect to newly annexed areas. "Sincerely, "Joseph V. Simeri (signed)" Therefore, there was no public hearing on this matter. "/eb Very truly yours, /s/ Howard Bellinger Howard Bellinger, Executive Director " There being no objections, the report was accepted as read and placed on file. REPORT FROM PARK AND RECREATION COMMITTEE A report from the Park and Recreation Committee relating to an ordinance creating a single department of parks and recreation was read, as follows: "(This Ordinance was given first and second reading on August 23, 1971. Councilman " Craven moved that the ordinance be sent to the Park and Recreation Comm. to be reported back to Council on Oct. 11, 171 at the regular Council meeting, after the Comm. of Parks & Recreation has held their meeting on Sept. 20, 171 at 7 P.M. in the Council Chambers. The motion was seconded by Councilman Grounds. Motion car- tied. Councilman Reinke inquired of Mr. Robert Parker of the City's Law Dept. if the ordinance should be changed to read "as amended" since the proposed ordinance gives an effective date of Oct. 1, 1971. Mr. Parker informed the Council that the amendment could be voted on at the time of passage for this ordinance. Council Pres. Laven instructed the Clerk to notify the Dept. of Parks & Recreation of the aforementioned meeting. SEPT. 27, '71 (Report) Unfavorable & put back into Committee for further study. Respectfully report that they have examined the matter and that in their opinion the Park and Recreation Committee is reporting this Ordinance be set for Public Hearing on December 13, 1971 m /s/ Walter M. Szymkowiak Chairman if There being no objections the report was accepted as read. REGULAR MEETING NOVEMBER 22, 1971 REGULAR MEETING - RECONVENED - (Cont.) REPORT OF THE COMMITTEE OF THE WHOLE Council President Laven entertained a motion to waive the reading of the Committee of the Whole reports, so moved by Councilman Craven, seconded by Councilman Reinke. Motion carried unanimously. ORDINANCES, THIRD READING ORDINANCE NO. 5361 -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, AS AMENDED. (Southeast end of Broadmoor Shopping Center - McDonald's) The ordinance was given third reading. Council President Laven relinquished the Chair to Counci. Vice- President John V. Wise in order to comment on this ordinance. Mr. Laven suggested that Council allow a buffer between "C" and "A" zoning at Ireland Road by using "B" zoning to protect residents living North and East from encroaching commercial zoning, as was done at the time the Ayr -Way Store was built near the McKinley Terrace residential area; thus a precedent was established. He urged the Council to consider this precedent. Councilman Reinke commented that if the Area Plan Commission thought this was the condition to follow in this particular instance they would have done so. He said further that for the area involved there was not enough front footage to allow this "B" zoning. Councilman Reinke then made a motion that the proposed ordi- nance be amended in Section I. to read " - -- "C" commercial, "A" Height and Area District - - -" instead of "C" commercial, "C" height and area district. The motion was seconded by Councilman Grounds. Motion carried. Councilman Reinke made a motion that the ordinance be passed, seconder by Councilman Grounds. The ordinance passed by a roll call vote of 6 ayes (Councilmen Reinke, Grounds, Szymkowiak, Wise, Palmer and Zielinski), 3 nays (Councilmen Laven, Janet Allen and Craven), 0 absent. Councilman Laven then resumed the Chair. ORDINANCE NO. 5362 -71 AN ORDINANCE AMENDING CHAPTER 11 SECTION 11 -18, ORDINANCE NUMBERS 3913, § 7, AND 4537 -62, ; 3, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, PROVIDING FOR STANDARDS FOR INSTALLATION OF ELECTRICAL EQUIPMENT GENERALLY This ordinance was given third reading. Councilman Craven made a motion for passage of the ordinance, seconded by Councilman Zielinski. The ordinance 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. 5363 -71 AN ORDINANCE FURTHER AMENDING CHAPTER 9, SECTIONS 2 and 3, BEING ORDINANCE NUMBER 4381, SECTIONS 1 and 4, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, BY PROVIDING FOR THE ADOPTION OF A ONE AND TWO FAMILY DWELLING CODE The ordinance was given third reading. Councilman Reinke made a motion for passage of the ordinance,seconded by Councilman Grounds. The ordinance 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. 5364 -71 AN ORDINANCE APPROPRIATING THE SUM OF $36,000.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND This ordinance was given third reading. Councilman Janet Allen made a motion for passage of the ordinance, seconded by Councilman Palmer. The ordinance 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. 5365 -71 AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE MOTOR VEHICLE HIGHWAY FUND -FROM ACCOUNT MVH -63, "RETIREMENT ", IN THE AMOUNT OF $25,000.00, AND THE TRANSFER OF SAID SUM TO ACCOUNT MVH -722, "MOTOR EQUIPMENT" The ordinance was given third reading. Councilman Craven made a motion for passage of the ordinance, seconded by Councilman Grounds. The ordinance passed by a roll call vote of 9 ayes, (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Wise, Palmer and Zielinski), 0 nays, 0 absent. REGULAR MEETING NOVEMBER 22, IV /1 REGULAR MEETING - RECONVENED - (Cont.) ORDINANCES, THIRD READING - (Cont.) ORDINANCE NO. 5366 -71 AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION TO ACCOUNT P -262, "MEDICAL, SURGICAL AND DENTAL IN THE AMOUNT OF $1,000.00, ACCOUNT P -323, "TIRES AND TUBES" IN THE AMOUNT OF $800.00, ACCOUNT P -722, "MOTOR EQUIPMENT" IN THE AMOUNT OF $5,800.00, AND THE TRANSFER OF SAID SUMS FROM ACCOUNT P -12, "SERVICES PERSONAL ", IN THE POLICE DEPARTMENT BUDGET, ALL BEING WITHIN THE GENERAL FUND This ordinance was given third reading. Councilman Reinke made a motion for passage of the ordinance, seconded by Councilman Zielinski. The ordinance 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. 5367 -71 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WASTEWATER TREATMENT PLANT OF THE CITY OF SOUTH BEND, INDIANA, AND HITE EQUIPMENT REPAIR, INC., FOR THE PURCHASE OF A CASE 4 -WHEEL RUBBER TIRE LOADER IN THE SUM OF $18,800.00 The ordinance was given third reading. Councilman Craven made a motion for passage of the ordinance, seconded by Councilman Janet Allen. The ordinance 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 AND SECOND READING ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (Chapter 40, Municipal Code). (Southeast Corner of Frances St. & South Bend Ave.) The following communication from Jack Dunfee, attorney for the petitioners, was read, as follows:) "Common Council of the City of South Bend November 22, 1971 " County -City Building South Bend, Indiana 46601 In re: John M. Morrow and Esther E. Morrow Petition to Rezone Southeast Corner of Frances Street and South Bend Avenue Gentlemen and Mrs. Allen: The subject matter is on your agenda for the regular meeting of the Council for tonight, November 22, 1971, for the first and second readings of the ordinance and shown as Item No. 23. We represent the petitioners and would hereby request that this matter be;con- tinued by you until the first meeting of the Council in the year 1972. The rea- sons for this request are as follows: 1. We are not prepared to present all the facts at the public hearing on this matter. 2. We have not as yet found the reasons for the Area Plan Commission's deci- sion of November 16, 1971. 3. We are exploring alternative sites. 4. We are exploring alternative methods of compromise. Very truly yours, THORNBURG, McGILL, DEAHL, HARMAN, CAREY & MURRAY "JCDjr /yg /s/ Jack C. Dunfee, Jr. Council President Laven stated this communication had been handed to him just a few minutes prior to the beginning of this Council meeting and he said that Mr. Dunfee urged the postpone- ment of the first and second readings of the proposed ordinance until 1972. Mr. Laven asked City Attorney Shepard J. Crumpacker if such a postponement was possible because of the newly elected Council taking office on January 1, 1972. Mr. Crumpacker stated there is a 60 -day period in which action can be taken after a matter is introduced to the Council, but it was his impression that all pending matters die when this present body adjourns. He stated further that this does not necessarily mean things will be done the same way in the future. Councilman Reinke made a motion that the request for postponement by Mr. Dunfee be denied, seconded by Councilman Janet Allen. Motion failed by a show of hands vote of 3 ayes, 6 nays, 0 absent. Councilman Grounds made a motion.to accept the request and postpone the first and second readings until December 13, 1971. The motion was seconded by Councilman Zielinski. Motion carried. The Clerk was instructed to so advise the petitioners. REGULAR MEETING REGULAR MEETING - RECONVENED - (Cont.) ORDINANCES, FIRST AND SECOND READING - (Cont.) ORDINANCE NOVEMBER 22, 1971 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA (North side of East Ireland Road, West of 229 E. Ireland Rd.) The following communication from Alexis T. Cholis, attorney for the petitioners, was read as follows: "Hon. Robert 0. Laven President, South Bend City Council 2628 South Michigan Street South Bend, Indiana November 19, 1971 " Re: Cossman - L. S. Ayres Rezoning of Ireland Road Property Dear Sir: In accordance with our telephone conversation of this day, it would be appreciated if the first and second reading of the above proposed ordinance would not be had on Monday, November 22nd, 1971. Certain features have arisen which the petitioners wish to pursue prior to the said readings. Your consideration in this matter would be greatly appreciated. "ATC:ar Very truly yours, /s/ Alexis T. Cholis Attorney for Petitioners If Council President Laven said that during a telephone conversation with Mr. Cholis it was stated that there are a few problems concerning the ordinance allowing a car wash in the area, the main one being a drainage problem. Mr. Cholis promised all problems would be resolved by the date of the next regular Council meeting. Councilman Craven made a motion to accept the request and postpone the first and second readings until December 13, 1971. The motion was seconded by Councilman Janet Allen. Motion carried. The Clerk was instructed to so advise the petitioners. 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 (Located South of Ewing Ave., West of Olive St., East of Kaley St. and North of Prairie Ave.) The ordinance was given first and second reading. Councilman Grounds made a motion the ordi- nance be set for public hearing on December 13, 1971, seconded by Councilman Janet Allen. Motion carried. ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION TO ACCOUNT K -12, "SERVICES PERSONAL ", IN THE AMOUNT OF $1,000 AND THE TRANSFER OF SAID SUM FROM ACCOUNT K -726, "OTHER EQUIPMENT ", IN THE MORRIS CIVIC AUDITORIUM BUDGET, ALL BEING WITHIN THE GENERAL FUND. This ordinance was given first and second reading. Councilman Reinke made a motion the ordi- nance be set for public hearing on December 13, 1971, seconded by Councilman Zielinski. Motion carried. UNFINISHED BUSINESS NEW BUSINESS None None There being no further business, new or unfinished, to come before the Council, Councilman Reinke made a motion to adjourn, seconded by Councilman Zielins)i.. Motion carried. Time 10:20 ATTEST: APPROVED: RESIDENT