HomeMy WebLinkAbout02-12-68 Council Meeting MinutesF1
_REG.IILAR_MEET_INC T: TT Q
- - - - - -- DDTTA DIs i2, 1968.._
Be it remembered that the Common Council of the City of South Bend, Indiana, met in the Council Chambers
in City Hall on Monday, February 12, 1968 at 8:28 P.M., with all members present. The meeting was called
to order by President Robert 0. Laven, who presided.
ROLL CALL
PRESENT: Councilmen Laven, Allen, Craven, Reinke, Grounds,
Szymkowiak, Wise, Palmer and Zielinski
ABSENT: None
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/ Robert 0. Laven
/s/ Janet S. Allen
/s/ Albert E. Palmer
Meeting of January 22, 1968
There being no objections, the report was accepted 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 APPROVING A CONTRACT BETWEEN THE WATER WORKS
OF THE CITY OF SOUTH BEND, INDIANA, AND GAMON /CALMET METER DIVISION, NEWARK, NEW JERSEY, FOR THE PURCHASE
OF AN ASSORTMENT OF WATER METERS FOR USE FROM FEBRUARY 7, 1968 TO FEBRUARY 7, 1969, IN THE AMOUNT OF $9,596.80 ".
Respectfully report that they have examined the matter and that in their opinion the Ordinance go to the
Council as favorable.
/s/ William W. Grounds
Chairman
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 APPROVING A CONTRACT BETWEEN THE WATER WORKS
OF THE CITY OF SOUTH BEND, INDIANA, AND HERSEY- SPARLING METER COMPANY, DEDHAM, MASSACHUSETS, FOR THE
PURCHASE OF AN ASSORTMENT OF WATER METERS.FOR USE FROM FEBRUARY 7, 1968 TO FEBRUARY 7, 1969 IN THE AMOUNT
OF $11,840.72 ".
Respectfully report that they have examined the matter and that in their opinion the Ordinance go to the
Council as favorable.
/s/ William W. Grounds
Chairman
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 APPROVING A CONTRACT BETWEEN THE WATER WORKS
OF THE CITY OF SOUTH BEND, INDIANA AND ASHLAND CHEMICAL COMPANY, SOUTH BEND, INDIANA, FOR THE PURCHASE OF
AN ASSORTMENT OF CHEMICALS FOR USE FROM FEBRUARY 7, 1968 TO FEBRUARY 7, 1969 IN THE AMOUNT OF $8,005.00 ".
Respectfully report that they have examined the matter and that in their opinion the Ordinance go to the
Council as favorable.
/s/ William W. Grounds
Chairman
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 APPROVING A CONTRACT BETWEEN THE WATER
WORKS OF THE CITY OF SOUTH BEND, INDIANA, AND BADGER METER MANUFACTURING COMPANY, MILWAUKEE, WISCONSIN,
FOR THE PURCHASE OF AN ASSORTMENT OF WATER METERS FOR USE FROM FEBRUARY 7, 1968 TO,FEBRUARY 7, 1969
IN THE AMOUNT OF $71,261.20."
Respectfully report that they have examined the matter and that in their opinion the Ordinance go to the
Council as favorable.
/s/ William W — Grounds
Chairman
There being no objections, the report was accepted as read, and placed on file.
i_
FEBRUARY 12 1968
REGULAR MEETING 'I
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 AN ADDITIONAL APPROPRIATION TO ACCOUNT
MVH -52 "RENTS ", IN THE AMOUNT OF $15,364.12 AND THE TRANSFER OF THE SAME FROM ACCOUNT MVH -722, "MOTOR
EQUIPMENT ", ALL BEING IN THE MOTOR VEHICLE HIGHWAY FUND ".
Respectfully report that they have examined the matter and that in their opinion the Ordinance go to the
Council as favorable.
/s/ William W. Grounds
Chairman
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 DEFINING FALSE FIRE ALARMS; PROVIDING
A PENALTY FOR MAKING SAID FALSE FIRE ALARMS; PROVIDING A CASH REWARD TO ANYONE FURNISHING INFORMATION
LEADING TO THE ARREST AND CONVICTION OF A PERSON OR PERSONS MAKING SAID FALSE FIRE ALARMS; REPEALING ANY
ORDINANCES IN.CONFLICT THEREWITH; AND DECLARING AN EMERGENCY ".
Respectfully report that they have examined the matter and that in their opinion the Ordinance go to the
Council as favorable.
/s/ William W. Grounds
Chairman
There being no objections, the report was accepted as read and placed on file.
PETITION
11 Acre Tract, Centre Township, West Side York Road, One -Half Mile South of Jackson Road
February 6, 1968
To the Honorable Common Council of the
City of South Bend, Indiana:
Gentlemen:
Crest Manor Development Corporation respectfully represents and alleges:
1. Petitioner is the owner in fee siaple of a tract of land comprising eleven (11) acres in the
North West Quarter of Section 31, Township 37 North, Range 3 East, in Centre Township, St. Joseph County,
Indiana, which tract of land is situated approximately one -half of a mile South of Jackson Road and running
westerly from York. Road as the same will be extended southward from Jackson Road, and which said tract is
more particularly described as follows:
Part of the Northwest k of Section 31, Township 37 North, Range 3 East, of
the 3rd P.M. more particularly described as follows: Commencing at the Northeast
corner of the Northwest k of Section 31, Township 37 North, Range 3 East; thence
Southerly along the East -West centerline of said Section 31, 2371.72 feet to the
point of beginning; thence South 00018'35" East, 1167.01 feet; thence South 890 58' 21"
West, 454.02 feet; thence North 590 11' 22" East 131.47 feet; thence North 280 12' 28"
East 151.62 feet; thence North 000 44' 45" West 95.00 feet; thence North 410 24' 02"
West 171.62 feet; thence North 170 40' 34" West 56.58 feet; thence North 57 39' 00"
West 121.43 feet; thence North 560 36' 25" West 50.01 feet; thence North 570 44' 31"
West 159.41 feet to the East line of Crest Manor Section Six as recorded; thence
along Section Six (6) North 280 55' 05" East 93.12 feet; thence North 130 53' 25" East
117.69 feet; thence North 000 13' 00" West 203.23 feet; thence North 31013' 16" East
63.80 feet; thence North 530 20' 51" East 91.70 feet; thence North 890 41' 25" East
495.00 feet to the point of beginning, containing 11.09 acres, more or less.
2. Petitioner desires that said territory, being contiguous to the present southeasterly city
limits of the City of South Bend, be annexed to and constitute thereafter a part of the City of South
Bend, Indiana.
WHEREFORE, petitioner respectfully prays and requests:
1. That the Common Council refer this petition to the Area Plan Commission for its consideration.
2. That upon favorable recommendation by the Area Plan Commission this Common Council adopt
an appropriate form of ordinance for the annexation of said described territory to the City of South
Bend, Indiana.
JONES, OBENCHAIN, JOHNSON, FORD & PANKOW
BY /s/ G. Burt Ford, Attorney for
Petitioner
Councilman Allen made a motion that the petition be referred to the Area Plan Commission. Councilman
Craven seconded the motion. Motion carried.
REGULAR MEETING FEBRUARY 12, 1968
PETITION
We, 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 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 805 -811 North
Michigan Street, being 60 feet North of the intersection of
Michigan and Bartlett Streets on the West side of the street.
It is a parcel of land 120 feet in length and having a depth
of 165 feet.
2. The property is owned by Carl Kuespert and Lois Kuespert, husband
and wife, and Nicholas and Dema Simeri, husband and wife, and
Patrick and Josephine Simeri, husband and wife.
3. A legal description of the property is as follows:
Lots numbered 17 and 18 in Bartlett's First Addition
to the City of South Bend, in St. Joseph County, Indiana.
4. It is desired and requested that the foregoing property be rezoned:
From C -1 Commercial Use and B Height and Area District
To C Commercial Use and F Height and Area District.
5. It is proposed that the property will be put to the following
use and the following building will be constructed: A Restaurant
6. Number of off street parking spaces to be provided: 28 parking spaces
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/ Carl Kuespert /s/ Nicholas Simeri
/s/ Lois Kuespert /s/ Dema Simeri
/s/ Patrick Simeri
/s/ Josephine Simeri
Petition prepared by Joseph V. Simeri, Attorney
(Crumpacker, May, Levy and Searer)
Councilman Reinke made a motion that the petition be referred to the Area Plan Commission. Councilman
Szymkowiak seconded the motion. Motion carried.
ORDINANCES, THIRD READING
ORDINANCE NO. 4976 -68
AN ORDINANCE APPROVING A CONTRACT BETWEEN
THE WATER WORKS OF THE CITY OF SOUTH BEND,
INDIANA, AND GAMON /CALMET METER DIVISION,
NEWARK, NEW JERSEY, FOR THE PURCHASE OF AN
ASSORTMENT OF WATER METERS FOR USE FROM
FEBRUARY 7, 1968 TO FEBRUARY 7, 1969 IN
THE AMOUNT OF $9,596.80.
The Ordinance was given third reading and passed by a roll call vote of 9 ayes, (Councilmen Laven,
Allen, Craven, Reinke, Grounds, Szymkowiak, Wise, Palmer and Zielinski). 0 nays, 0 absent.
ORDINANCE NO. 4977 -68
AN ORDINANCE APPROVING A CONTRACT BETWEEN
THE WATER WORKS OF THE CITY OF SOUTH BEND,
INDIANA, AND HERSEY - SPARLING METER COMPANY,
DEDHAM, MASSACHUSETTS, FOR THE PURCHASE OF
AN ASSORTMENT OF WATER METERS FOR USE FROM
FEBRUARY 7, 1968 TO FEBRUARY 7, 1969 IN THE
AMOUNT OF $11,840.72.
The Ordinance was given third reading and passed by a roll call vote of 9 ayes, (Councilman Laven,
Allen, Craven, Reinke, Grounds, Szymkowiak, Wise, Palmer and Zielinski). 0 nays, 0 absent.
ORDINANCE NO. 4978 -68
AN ORDINANCE APPROVING A CONTRACT BETWEEN
THE WATER WORKS OF THE CITY OF SOUTH BEND,
INDIANA, AND ASHLAND CHEMICAL COMPANY, SOUTH
BEND, INDIANA, FOR THE PURCHASE OF AN ASSORT-
MENT OF CHEMICALS FOR USE FROM FEBRUARY 7,
1968 TO FEBRUARY 7, 1969 IN THE AMOUNT OF
$8,005.00.
The Ordinance was given third reading and passed by a roll call vote of 9 ayes, (Councilmen Laven,
Allen, Craven, Reinke, Grounds, Szymkowiak, Wise, Palmer and Zielinski), 0 nays, 0 absent.
1
REGULAR MEETING FEBRUARY 12 1968
ORDINANCES, THIRD READING
ORDINANCE NO. 4979 -68
AN ORDINANCE APPROVING A CONTRACT BETWEEN
THE WATER WORKS OF THE CITY OF SOUTH BEND,
INDIANA, AND BADGER METER MANUFACTURING
COMPANY, MILWAUKEE, WISCONSIN, FOR THE
PURCHASE OF AN ASSORTMENT OF WATER METERS
FOR USE FROM FEBRUARY 7, 1968 TO FEBRUARY 7,
1969 IN THE AMOUNT OF $71,261.20.
The Ordinance was given third reading and passed by a roll call vote of 9 ayes, (Councilmen Laven, Allen, Craven,
Reinke, Grounds, Szymkowiak, Wise, Palmer and Zielinski), 0 nays, 0 absent.
ORDINANCE NO. 4980 -68
AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION
TO ACCOUNT MVH -52 "RENTS ", IN THE AMOUNT OF
$15,364.12 AND THE TRANSFER OF THE SAME FROM
ACCOUNT MVH -722, "MOTOR EQUIPMENT ", ALL BEING
IN THE MOTOR VEHICLE HIGHWAY FUND.
The Ordinance was given third reading and passed by a roll call.vote of 9 ayes, (Councilmen Laven, Allen, Craven,
Reinke, Grounds, Szymkowiak, Wise, Palmer and Zielinski) 0 nays, 0 absent.
ORDINANCE NO. 4981 -68
AN ORDINANCE DEFINING FALSE FIRE ALARMS;
PROVIDING A PENALTY FOR MAKING SAID FALSE
FIRE ALARMS; PROVIDING A CASH REWARD TO ANYONE
FURNISHING INFORMATION LEADING TO THE ARREST
AND CONVICTION OF A PERSON OR PERSONS MAKING
SAID FALSE FIRE ALARMS; REPEALING ANY ORDINANCES
IN CONFLICT THEREWITH; AND DECLARING AN EMERGENCY.
The Ordinance was given third reading and passed by a roll call vote of 9 ayes, (Councilmen Laven, Allen, Craven,
Reinke, Grounds, Szymkowiak, Wise, Palmer and Zielinski), 0 nays, 0 absent.
ORDINANCE, SECOND READING
AN ORDINANCE APPROVING A CONTRACT BETWEEN
THE WATER WORKS OF THE CITY OF SOUTH BEND,
INDIANA, AND INLAND CHEMICAL CORPORATION,
SOUTH BEND, INDIANA, FOR THE PURCHASE OF
AN ASSORTMENT OF CHEMICALS FOR USE FROM
FEBRUARY 7, 1968 TO FEBRUARY 7, 1969 IN
THE AMOUNT OF $16,056.50.
Councilman. Allen objected to..the. second reading of the Ordinanc:e,._ President;Laven , gverruled . the objection.
The ruling was upheld by a vgte o :3 nays, (Councilmen,Allen, q;mymkgwiak, and, Zielinski,) v
t
6 ayg,s, (Councilmen Laven, Craven, Reinke, Grounds, Wise and Palmer). 0 absent.
The,Ord nande�'was givenm'second reading in full; whereupon Councilman Reinke made a motion that the Ordinance
be set for public hearing on February 26, 1968. Councilman Wise seconded the motion. Motion carried.
(:6 ayes, Councilmen Laven, Craven, Reinke, Grounds, Wise, Palmer;- and - Zielinski) 3 nays, (Councilmen Allen,Zielins
and Szymkowiak), O absent.
ORDINANCES, FIRST AND SECOND READING
ORDINANCE
AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION
TO ACCOUNT G -726, "OFFICE EQUIPMENT ", IN THE
AMOUNT OF $756.00 AND THE TRANSFER OF SAID
SUM FROM ACCOUNT G -52, "RENTS ", IN THE OFFICE
OF CITY ATTORNEY AND IN THE GENERAL FUND.
The Ordinance was given first reading by title and second reading.in full. Councilman Grounds made a motion
that the Ordinance be set for public hearing on February 26, 1968. Councilman Szymkowiak seconded the
motion. Motion carried.
ORDINANCES, FIRST AND SECOND READING
ORDINANCE
AN ORDINANCE FOR ADDITIONAL.APPROPRIATIONS IN
THE (1) MUNICIPAL BONDS OF.1962 - $8,165.90
(2) MUNICIPAL BONDS OF 1965 - $2,479.40
(3) MUNICIPAL BONDS OF 1967 - $361,121.23
The Ordinance was given first reading by title and second reading in full. Councilman Palmer made a
motion that the Ordinance be set for public hearing on February 26, 1968. Councilman Grounds seconded the
motion. Motion carried.
119
RFMI AR MERTTNC FEBRUARY 12, 1968
ORDINANCES, FIRST AND SECOND READING
ORDINANCE
AN ORDINANCE APPROPRIATING $5,000.00 FROM
THE GENERAL FUND TO ACCOUNT B -53. "REFUNDS,
AWARDS AND INDEMNITIES" IN THE OFFICE OF
THE CITY CONTROLLER.
The Ordinance was given first reading
a motion that the Ordinance be set for
seconded the motion. Motion carried.
ORDINANCES, FIRST AND SECOND READING
ORDINANCE
by title and second reading in full. Councilman Szymkowiak made
public hearing on February 26, 1968. Councilman Craven
AN ORDINANCE AUTHORIZING THE TRANSFER OF
$3,766.79 FROM THE INDUSTRIAL DEVELOPMENT
FUND TO THE GENERAL FUND AND APPROPRIATING
FROM THE GENERAL FUND THE SUM OF $3,766.79
TO ACCOUNT XX -263 "OTHER CONTRACTUAL SERVICES"
IN 1H E SANITATION DEPARTMENT BUDGET.
The Ordinance was given first reading by title and second reading in full. Councilman Reinke made a
motion that the Ordinance be set for public hearing on February 26, 1968. Councilman Craven seconded
the motion. Motion carried.
ORDINANCES, FIRST AND SECOND READING
ORDINANCE
AN ORDINANCE AUTHORIZING THE TRANSFER OF
$1,077.55 FROM THE SANITATION FUND TO THE
GENERAL FUND OF THE CITY OF SOUTH BEND,
INDIANA.
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 February 26, 1968. Councilman Grounds
seconded the motion. Motion carried.
Councilman Reinke made a motion to recess. Councilman Szymkowlak seconded the motion. Motion carried.
Time: 8:50.P.M -:_Reconvened: 8:55 P.M.
ORDINANCES, FIRST AND SECOND READING
ORDINANCE
AN ORDINANCE PROHIBITING CERTAIN PRACTICES OF
DISCRIMINATION IN HOUSING ACCOMMODATIONS BECAUSE
OF RACE, CREED, COLOR, NATIONAL ORIGIN OR ANCESTRY.
AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF.
The Ordinance was given first reading by title and second reading in full. Councilman Craven made a
motion that the Ordinance be referred to the Ordinance Committee for further study. Councilman
Szymkowiak seconded the motion. Motion carried.
NEW BUSINESS
Councilman Szymkowiak requested that the City Engineer be notified that in many residential areas,
the City snow plows, when passing shoveled driveways push the newly shoveled snow from the street
back onto their sidewalks and drives. Councilman Allen supported Councilman Szymkowiak in suggesting
that drivers of snow plows be instructed to drive slowly when plowing past driveways.
Councilman Wise urged the Council to consider the possibility of permitting parking on one side
of the street on snow route streets in residential areas without driveways and alleys.
Councilman Allen requested that in the future when performances are held at Morris Civic Auditorium,
the City snow removal crews make a special effort to see that the street in front of the Auditorium
is clear.
There being no further business to come before the Council, Councilman Wise made a motion to adjourn.
Councilman Grounds seconded the motion. Motion carried. Council .adjourned at 9:15 P.M.
ATTEST:
i
APPROVED:
PRESIDENT