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HomeMy WebLinkAbout11-13-67 Council Meeting MinutesREGULAR MEETING Be it remembered that the Common Council of the City of South Bend, Indiana, met in the Council Chambers in City Hall on Monday, November 13, 1967 at 10:26 P.M. ROLL CALL PRESENT: Councilmen Hunter, Allen, Wise, Szymkowiak, Geib, Laven and Smith ABSENT: Councilmen Palmer and Muszynski REPORT OF COMMITTEE ON MINUTES To the Common Council of the City of South Bend, Indiana: Your Committee on the inspection and supervision of the minutes would respectfully report that they have examined the minutes of the previous meeting of the Council and found them correct. They therefore recommend that the same be approved. /s/ John L. Hunter, Jr. /s/ Janet S. Allen /s/ Albert E. Palmer Meeting of October 23, 1967 There being no objections, the report was accepted as read, and placed on file. REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: Your Committee of the Whole to whom was referred "AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 HERETOFORE AMENDED AND SUPPLEMENTED BY THE MUNICIPAL CODE OF SOUTH BEND, INDIANA,- CHAPTER 40 ET SEQ., AS AMENDED AND SUPPLEMENTED AND ADOPTED BY THE COMMON COUNCIL BY ORDINANCE NO. 4608 -63" (Location: N.W. Corner of Bendix and Elwood). Respectfully report that they have examined the matter and that in their opinion public hearing be continued until November 27, 1967, at which time third reading will be given the Ordinance. /s/ Edwin Thomas Smith, Chairman The report was accepted as read, and placed on file. REGULAR MEETING NOVEMBER 13, 1967 REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: Your Commitee of the Whole to whom was referred "AN ORDINANCE DETERMINING THAT IT IS NECESSARY FOR THE CITY OF SOUTH BEND TO CONDEMN CERTAIN REAL ESTATE.FOR THE USE AND BENEFIT OF "MEMORIAL HOSPITAL OF SOUTH BEND ", AND THAT THE ACQUISITION OF SAID REAL ESTATE IS NECESSARY FOR THE EXPANSION OF SAID HOSPITAL" Respectfully report that they have examined the matter and that in their opinion a Special Meeting be called for Monday, November 20, 1967, at 8:00 A.M., in order that public hearing may be continued, and a third reading of the Ordinance given at that time. /s/ Edwin Thomas Smith, Chairman The report was accepted as read. and placed, on file. REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: Your Committee of the Whole.to whom was referred "AN ORDINANCE FOR ADDITIONAL APPROPRIATION TO ACCOUNT Q -26, "OTHER CONTRACTUAL SERVICES ",IN THE AMOUNT OF $2,500.00 AND THE TRANSFER OF THE SAME FROM ACCOUNT Q -11, "SERVICES PERSONAL ", ALL BEING IN THE GENERAL FUND." Respectfully report that they have examined the matter and that in their opinion the Ordinance go to the Council as favorable. /s/ Edwin Thomas Smith,Chairman The report was accepted as read, and placed on file. REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: Your Committee of the Whole to whom was referred "AN ORDINANCE FOR ADDITIONAL APPROPRIATION TO ACCOUNT E -21, "COMMUNICATION AND TRANSPORTATION ", IN THE AMOUNT OF $150.00 AND THE TRANSFER OF THE SAME FROM ACCOUNT E -55, "SUBSCRIPTIONS AND DUES ", ALL BEING IN THE GENERAL FUND." Respectfully report that they have examined the matter and that in their opinion the Ordinance go to the Council as favorable. /s/ Edwin Thomas Smith, Chairman The report was accepted as read, and placed on file. ORDINANCES, THIRD READING ORDINANCE NO. 4958 -67 AN ORDINANCE FOR ADDITIONAL APPROPRIATION TO ACCOUNT Q -26, "OTHER CONTRACTUAL SERVICES ", IN THE AMOUNT OF $2,500.00 AND THE TRANSFER OF THE SAME FROM ACCOUNT Q -11, "SERVICES PERSONAL ", ALL BEING IN THE GENERAL FUND. The Ordinance was given third reading and passed by a roll call vote of 7 ayes, (Councilmen Hunter, Allen, Wise, Geib, Szymkowiak, Laven and Smith), 0 nays, 2 absent, (Councilmen Palmer and Muszynski). ORDINANCE NO. 4959 -67 AN ORDINANCE FOR ADDITIONAL APPROPRIATION TO ACCOUNT E -21, "COMMUNICATION AND TRANSPORTATION ", IN THE AMOUNT OF $150.00 AND THE TRANSFER OF THE SAME FROM ACCOUNT E -55, "SUBSCRIPTIONS AND DUES ", ALL BEING IN THE GENERAL FUND. The Ordinance was given third reading and passed by a roll call vote of 5 ayes, (Councilmen Hunter, Wise, Szymkowiak, Laven and Smith) 0 nays, 4 absent, (Councilmen Allen, Palmer, Geib and Muszynski). ORDINANCES, FIRST AND SECOND READING ORDINANCE AN ORDINANCE GIVING SCHOOL CROSSING GUARDS THE AUTHORITY TO DIRECT VEHICULAR AND PEDESTRIAN TRAFFIC; PROVIDING PENALTIES FOR DISOBEDIENCE OF THEIR SIGNALS; AND DECLARING AN EMERGENCY. The Ordinance was given first reading by title and second reading in full. Councilman Allen made a motion that the Ordinance be set for public hearing on November 27, 1967. Councilman Szymkowiak seconded the motion. Motion carried. REGULAR MEETING NOVEMBER 13, 1967 ORDINANCES, FIRST AND SECOND READING ORDINANCE AN ORDINANCE APPROVING AND AUTHORIZING THE SALE OF CERTAIN LISTED ITEMS OF PERSONAL PROPERTY BELONGING TO THE MUNICIPAL CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA FOR A SUM NOT LESS THAN THE APPRAIS- ED VALUE OF SAID PERSONAL PROPERTY. The Ordinance was given first reading by title and second reading in full. Councilman Szymkowiak made a motion that the Ordinance be set for public hearing on November 27, 1967. Councilman Wise seconded the motion. Motion carried. ORDINANCE AN ORDINANCE FOR ADDITIONAL APPROPRIATION TO ACCOUNT NWH 12, "SALARIES AND WAGES, TEMPORARY" IN THE AMOUNT OF $20,000.00 AND THE TRANSFER OF SAME FROM ACCOUNT MVH -42, "STREET, ALLEY AND `SEWER MATERIALS ", ALL IN THE MOTOR VEHICLE HIGHWAY FUND' The Ordinance was given first reading by title and second reading in full. Councilman Szymkowiak made a motion that the Ordinance be set for public hearing on November 27�; 1967. Councilman Smith seconded the motion. Motion carried. RESOLUTION NO. 171 -67 RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING THE URBAN RENEWAL PLAN AND THE FEASIBILITY OF RELOCATION FOR THE INDUSTRIAL EXPANSION URBAN RENEWAL AREA, PROJECT NUMBER IND. 9-56. WHEREAS, under the provisions of Title I of the Housing Act of 1949, as amended, Secretary of the Department of Housing and Urban Development is authorized to Py®vide financial assistance to Local Public Agencies for under- taking and carrying out urban renewal projects; and' WHEREAS, it is provided in such Act that contracts for financial aid thereunder shall require that the Urban Renewal Plan for the respective project area be approved by the governing body of the locality in which the project is situated and that such approval include findings by the governing body that: (1) the financial aid to be provided in the contract is necessary to enable the project to be undertaken in accordance with the Urban Renewal Plan; (2) the Urban Renewal Plan will afford maximum opportunity, consistent with the sound needs of the locality as a whole, for the rehabilitation or redevelopment of the urban renewal area by private enterprise; (3) the Urban Renewal Plan conforms to a general plan for the development of the locality as a whole; and (4) the Urban Renewal Plan gives due consideration to the provision of adequate park and recreational areas and facilities, as may be desirable for neighborhood improvement, with special consideration for the health, safety and welfare of children residing in the general vicinity of the site covered by the Plan; and WHEREAS, the City of South Bend, Department of Redevelopment (herein called the "Local Public Agency ") identified as "Industrial Expansion Urban Renewal Area" and encompassing the area bounded by a line drawn as follows: The Industrial Expansion Project, Indiana R -56, is located in the City of South Bend, County of St. Joseph, State of Indiana and is described as follows: Beginning at the point of intersection of the north right -of -way line of Cotter Street and the east right -of -way line of Kendall Street; thence south along the east right -of -way line of Kendall Street to a point 570 feet, more or less, to the north right -of -way line of the New Jersey, Indiana and Illinois Railroad; thence west on a line parallel to the north right -of -way line of the said Railroad fou a distance of 1073 feet, more or less to the west right -of -way line of Kemble Avenue; thence north along the west right -of -way line of Kemble Avenue and its extension, for a distance of 374 feet, more or less, to the north -west right-of-way line of Prairie Avenue; thence north -east for a distance of 278 feet, more or less, along the north -west right -of -way line of Prairie Avenue to the point of intersection of the north -west right -of -way line of Prairie Avenue and the extension of the north right -of -way line of Cotter Street; thence east for a distance of 944 feet, more or less, along the north right -of -way line of Cotter Street to the intersection of the east right -of -way line of Kendall Street, this point of intersection being the point of beginning. in the City of South Bend, State of Indiana, (herein called the "Locality "); and WHEREAS, the Local Public Agency has applied for additional financial assistance under such Act and proposes to enter into an additional contract or contracts with the Department of Housing and Urban Development for the undertaking of, and for mal.ing available additional financial assistance for, the Project; and WHEREAS the Local Public Agency has made detailed studies of the Location, Physical condition of structures, land use, environmental influences, and the social, cultural and economic conditions of the Project area and has determined that the area is a blighted area and that it is detrimental and a menace to the safety, health, and welfare of the inhabitants and users thereof and of the Locality at large, because of the presence of blighted structures and the lack of adequate community improvements, and the members of this Governing.Body have been fully appraised by the Local Public Agency and are aware of these facts and conditions; and WHEREAS, there has been prepared and referred to the Common Council of the Locality (herein called the "Governing Body ") for review and approval of an Urban Renewal Plan for the Project area, dated October 5, 1967 and consisting of 17 pages, supported by the Final Project Report material, data, and recommendations, which material, data, and recommendations.are not a part of the Urban Renewal Plan, WHEREAS, the Urban Renewal Plan has been approved by the Governing body of the Local Public Agency, as evidenced by the copy of said Body's duly certified resolution approving the Urban Renewal Plan, which is attached thereto; and (Continued) 004 RESOLUTION NO. 171 -67 (Continued) WHEREAS, a general plan has been prepared and is recognized and used as a guide for the general development of the Locality as a whole; and WHEREAS, the Area Plan Commission of St. Joseph County which is the duly designated and acting official pl.Anning body for the Locality,-has submitted to the Governing Body its report and recommendations respecting said Urban Renewal Plan for the Project area and has certified that said Urban Renewal Plan conforms to the said general plan for the Locality as a whole., and the Governing Body has duly considered said report, recommendations, and certification of the planning body; and WHEREAS, the Urban Renewal Plan for the Project area prescribes certain land uses for the Project area and will require, among other things, changes in zoning, the vacating and removal of streets, alleys, and other public ways, the establishment of new street patterns, the location and relocation of sewer and water mains and other public facilities, and other public action; and WHEREAS, the Local Public Agency has prepared and submitted a program for the relocation of individuals and families that may be displaced as a result of carrying out the Project in accordance with the Urban Renewal Plan; and WHEREAS, there have also been presented to the Governing Body information and data respecting the relocation program which have been prepared by the Local Public Agency as a result of studies, surveys, and inspections in the Project area and the assembling and analysis of the data and information obtained from such studies, surveys, and inspections; and WHEREAS, the members of this Governing Body have general knowledge of the conditions prevailing in the Project Area and of the availability of proper housing in the Locality for the Relocation of individuals and families that may be displaced from the.Project area and, in the light of such knowledge of local housing conditions, have carefully considered and reviewed such proposals for relocation; and WHEREAS, it is necessary that the Governing Body take appropriate official action respecting the relocation program and said Urban Renewal Plan for the Project, in conformity with the contracts for financial assistance between the Local Public Agency and the United States of America acting by and through the Department of Housing and Urban Development Administrator; and WHEREAS, the Governing Body is cognizant of the conditions that are imposed in the undertaking and carrying out of urban renewal projects with Federal financial assistance under Title I, including those prohibiting discrimination because of race, color, creed, or national origin: NOW, THEREFORE, BE IT RESOLVED BY the Common Council of the City of South Bend: 1. That it is hereby found and determined that the Project is a blighted area and qualifies as an eligible Project area under the Redevelopment of Cities and Towns Act of 1953, as amended. 2. That the Urban Renewal Plan for the Project aforementioned, having been duly reviewed and considered, is hereby approved, and the City Clerk be and is hereby directed to file said copy of said Urban Renewal Plan with the Minutes of this meeting. 3. That it is hereby found and determined that the objectives of the Urban Renwal Plan cannot be achieved through more extensive rehabilitation of the Project area. 4. That it is hereby found and determined that the Urban Renewal Plan for the Project area conforms to the general plan of the Locality. 5. That it is hereby found and determined that the financial aid provided and to be provided pursuant to said contract for Federal financial assistance pertaining to the Project is necessary to enable the Project to be undertaken in accordance with the Urban Renewal Plan for the Project area. 6. That it is hereby found and determined that the above - mentioned Urban Renewal Plan for the Urban Renewal Area will afford maximum opportunity, consistent with the sound needs of the Locality as a whole, for the urban renewal of such areas by private enterprise. 7. That it is hereby found and determined that the Urban Renewal Plan for the Urban Renewal Area gives'due consideration to the provision of adequate park and recreational areas and facilities, as may be desirable for neighborhood improvement, with special consideration for the health, safety, and welfare of children residing in the general vicinity of the site covered by the Plan. 8. That it is hereby found and determined that the program for the proper relocation of individuals and families displaced in carrying out the Project in decent, safe, and sanitary dwellings in conformity with acceptable standards is feasible and can be reasonably and timely effected to permit the proper prosecution and completion of the Project; and that such dwellings or dwelling units available or to be made available to such displaced individuals and families are at least equal in number to the number of individuals and families, are not generally less desirable in regard to public utilities and public and commercial facilities than the dwellings of the displaced individuals and families in the Project area, are available at rents or prices within the financial means of the individuals and families, and are reasonably accessible to their places of employment. 9. That in order to implement and facilitate the effectuation of the Urban Renewal Plan hereby approved it is found and determined that certain official action must be taken by this Body with reference, among other things to changes in zoning, the vacating and removal of streets, alleys, and other public ways, the establishment of new street patterns, the location and relocation of sewer and water mains and other public facilities, and other public action, and, accordingly, this Body hereby (a) pledges its cooperation in helping to carry out such Urban Renewal Plan; (Continued) RF.[:tJLAR MEETING NOVEMBER 13 1967 RESOLUTION NO. 171 -67 (Continued) (b) requests the various officials, departments, boards, and agencies of the Locality having administrative responsibilities in the premises likewise to cooperate to such end and to excercise their respective functions and powers in a manner consistent with said Urban Renewal Plan; and (c) stands ready to consider and take appropriate action upon proposals and measures designed to effectuate said Urban Renewal Plan. 10. That additional financial assistance under the provisions of Title I of the Housing Act of 1949, as amended, is necessary to enable the land in the Project area to be renewed in accordance with the Urban Renewal Plan for the Project area.and, accordingly, the filing by the Local Public Agency of an application or applications for such financial assistance under said Title I is hereby approved. /s/ John L. Hunter, Jr. Speaking in favor of the adoption of the Resolution were: Bruce Hammerschmidt, Attorney, and Howard Bellinger, Executive Director of the Department of Urban Redevelopment. Councilman Smith made a motion that the Resolution be adopted by a roll call vote. Councilman Laven seconded the motion. Motion carried and the Resolution was adopted by a roll call voge of 7 ayes, (Councilmen Hunter, Allen, Wise, Geib, Szymkowiak, Laven and Smith), 2 absent,(Councilmen Palmer and Muszynski), 0 nays. RESOLUTION NO. 172 -67 A RESOLUTION FOR AN ADDITIONAL APPROPRIATION IN THE "SALARIES AND WAGES, TEMPORARY" ACCOUNT OF THE MOTOR VEHICLE HIGHWAY DEPARTMENT IN THE AMOUNT OF $11,300.00 AND THE TRANSFER OF THE SAME FROM THE "SALARIES AND WAGES, REGULAR" ACCOUNT IN THE SAME CATEGORY, TO -WIT: "SERVICES PERSONAL ", AND ALL BEING IN THE MOTOR VEHICLE HIGHWAY 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 appropriated in the annual budget for the var- ious functions of City Government to meet such extraordinary contingencies; and WHEREAS, Additional funds for wages are urgently needed by the Motor Vehdcle Highway Department to assure its ability to properly perform its function and the sum of $11,300.00 is needed forthwith; and WHEREAS, A surplus exists in another account where it is not presently needed; and more specifically as follows, to -wit: 1. Eleven Thousand Three Hundred Dollars ($11,300.00) in Account MVH -11 designated as "Salaries and Wages, Regular ". NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, That the sum of $11,300.00 be transferred from Account MVH -11 designated as "Salaries and Wages, Regular ", by transferring it to the following account, to -wit: Eleven Thousand Three Hundred Dollars ($11,300.00) to Account MVH -12 designated as "Salaries and Wages, Temporary," both of said accounts being ih_ -the same category, to -wit: Services Personal of the Motor Vehfa -e Highway Department. /s/ Walter M. Szymkowiak Member of the Common Council Speaking in favor of the Resolution were: Richard Gartner, Street Commissioner; and James A. Bickel, City Controller. Councilman Smith made a motion to adopt the Resolution by'a roll call vote. Councilman Szymkowiak seconded the motion. Motion carried. The Resolution was adopted by a roll call vote of 7 ayes, (Councilmen Hunter, Allen, Wise, Geib, Szymkowiak, Laven and Smith), 0 nays, 2 absent, (Councilmen Palmer and Muszynski). NEW BUSINESS Councilman Hunter stated that many property owners in his district have complained because fallen leaves in their area have not been collected by the Street Department crews, recently. Richard Gartner, Street Commissioner, explained that adverse weather conditions during the past few weeks have hampered the collection of the leaves, but that every effort is being made to alleviate the situation. There being no further business before the Common Council, Councilman Szymkowiak made a motion to adjourn. Councilman Laven seconded the motion. Motion carried. Time: 11 :35 P.M. ATTEST: APPROVED: t, CUERK PRESIDENT