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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