HomeMy WebLinkAbout06-10-68 Council Meeting Minutes- - - - - - - - - — — JUNE
REGULAR 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, June 10, 1968 at 8:25 P.M., nine members present, (Councilmen Laven, Allen, Craven,
Reinke, Grounds, Szymkowiak, Wise, Palmer and Zielinski). 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 OF 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.
Is/ Robert 0. Laven
Is/ Janet S. Allen
Is/ Albert E. Palmer
Meeting of June 10, 1968
There being no objections, the report was accepted as read, and placed on file.
REPORT OF COMMITTEE OF THE WHOLE
10. 1
To the Common Council of the City of South Bend:
Your Committee of the Whole to whom was referred ."AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF
SOUTH BEND, INDIANA CERTAIN LANDS AND PROVIDING, AFTER ANNEXATION SHALL TAKE EFFECT, THAT FOR A PERIOD OF THREE
YEARS, ONE HALF Q) OF THE MUNICIPAL PROPERTY TAXES TO BE IMPOSED UPON THE ANNEXED TERRITORY SHALL BE IMPOUNDED
AND PLACED IN .A SPECIAL FUND SOLELY FOR THE BENEFIT OF THE ANNEXED TERRITORY." (Crest Manor & Kensington Farms)
Respectfully report that they have examined the matter and that in their opinion the Ordinance be set for
final Public Hearing June 24, 1968.
/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 ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF
SOUTH BEND, INDIANA CERTAIN LANDS AND PROVIDING, AFTER ANNEXATION SHALL TAKE EFFECT, THAT FOR A PERIOD OF
THREE YEARS, ONE HALF (z) OF THE MUNICIPAL PROPERTY TAXES TO BE IMPOSED UPON THE ANNEXED TERRITORY SHALL
BE IMPOUNDED AND PLACED IN A SPECIAL FUND SOLELY FOR THE BENEFIT OF THE ANNEXED TERRITORY..' (Ironwood, Inwood,
and Retention Basin)
Respectfully report that they,have examined the matter and that in their opinion the Ordinance be set for
final Public Hearing June 24, 1968.
Is/ 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 ANNEXING TO AND BRINGING WITHIN THE CITY
LIMITS OF SOUTH BEND, INDIANA CERTAIN LANDS AND PROVIDING, AFTER ANNEXATION SHALL TAKE EFFECT, THAT
FOR A PERIOD OF THREE YEARS, ONE HALF (k) OF THE MUNICIPAL PROPERTY TAXES TO BE IMPOSED UPON THE ANNEXED
TERRITORY SHALL BE IMPOUNDED AND PLACED IN A SPECIAL FUND SOLELY FOR THE BENEFIT OF THE ANNEXED TERRITORY."
(Ironwood and Jackson)
Respectfully report that they have examined the matter and that in their opinion the Ordinance be set for
final Public Hearing June 24, 1968.
Is/ William W. Grounds, Chairman
There being no objections, the report was accepted as read, and placed on file.
REGULAR MEETING JUNE 10, 1968
REPORT OF CCHMITTEE 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 ZONING ORDINANCE 3702 COMMONLY KNOWN
AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA." (411 Sommers St.)
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
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 FOR AN ADDITIONAL APPROPRIATION TO ACCOUNT
P -213, "TRAVEL EXPENSE ", IN THE AMOUNT OF $1,000.00 AND THE TRANSFER OF SAID SUM FROM ACCOUNT P -11,
"SERVICES PERSONAL ", IN THE POLICE DEPARTMENT, ALL BEING WITHIN 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/ William W. Grounds
There being no objections, the report was accepted as read, and placed on file.
REPORT OF CCMMITTEE 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
Z -13, "OTHER COMPENSATION" IN THE AMOUNT OF $3,182.29 AND THE TRANSFER OF SAME FROM ACCOUNT Z -531, "PENSIONS
TO RETIRED POLICEMEN ", ALL IN THE POLICEMAN'S PENSION 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
There being no objections, the report was accepted as read, and placed on file.
REPORT OF AREA PLAN COMMISSION
June 5, 1968
The Honorable Common Council
City of South Bend
South Bend, Indiana
Gentlemen:
Under date of June 3, 1968 the Area Plan Commission held a legally advertised public hearing on a revised
site development plan for the rezoning request of Charles Coussens, et al. The following action was taken:
After due consideration it was moved, seconded and unanimously carried that the
revised site plan be recommended favorably to the Common Council provided:
1. The street shall be moved 20 feet to the east and the planting screen
extended south to Corby Blvd. The 20 feet shall be removed from the
recreation area.
2. All two story buildings shall be moved to the interior of the
project.
Excerpts from the minutes of the meeting are hereby attached and made a part of this report.
Very truly yours,
John K. Wilson,
Executive Director
There being no objections, the report was accepted as read and placed on file.
COMMUNICATIONS
June 3, 1968
Members of the Common Council of the
City of South Bend, Mayor Lloyd Allen,
City Engineer Lloyd Taylor and City
Clerk Kathryn Blough and all other
persons and entities concerned;
Gentlemen:
You are hereby advised that the undersigned, Place and Company, Inc., has no objection to the annexation
by the City of South Bend, Indiana, of Kensington Farms, Section 4, Parts 1 and 2, effective as of the
publication date of such annexation ordinance.
CO24UNICATIONS (continued)
In fact, if the Common Council of such City,is not ready and willing to annex the area embraced within the
fore -going plats forthwith, a petition for such annexation will be immediately filed.
The foregoing request is made in order. to make available to such area the City utility services and to
enable a recordation of such plats heretofore approved with conditions by the St. Joseph County Area
Planning Commission.
Very truly yours,
PLACE AND COMPANY, INC.
Andrew S. Place, as President
There being no objections, the communication was accepted as read, and placed on file.
COMMUNICATIONS
May 3, 1968
City Clerk Kathryn L. Blough
City Hall
South Bend, Indiana
Dear Mrs. Blough:
Attached you will find a detail on account Q -312 covering fuel oil showing how the $700.00 was spent that
was appropriated by Ordinance No. 4994 -78.
Soon after this transfer of funds was requested, Station 6, 7, and 8 were closed. Station 6 and 7 were
heated by gas furnaces. Station 8's men were transferred to station 4 and this station is still being
used. We believe that all tanks have a good supply of oil now that should last through the summer months
and early part of fall.
If we can be of further service to you, kindly advise.
Sincerely,
SOUTH BEND FIRE DEPARTMENT
Cecil C. McHenry, Fire Chief
Enclosure:
ACCOUNT Q -312, Fuel Oil
As of March 4th - when transfer was requested $ 56.77
April 9th - Transfer of funds from Q -11 700.00
$ 756.77
Paid the following bills of:..
2/21/68
Station
7 and 9 $
73.13
3/4/68
Station
12
78.75
3/12/68
Station
7,9,4, & 50 gal- Municipal
garage
196.88
4/25/68
Station
4,9.12, & 30 if *
340.00 689.64
Balance- - -
- - - - - - -$ 67.13
* For cleaning trucks and parts.
There being no objections, the communication was accepted as read, and placed on file.
PETITION
To the Common Council of the City of South Bend, Indiana:
Comes now Place and Company, Inc. by its President, Andrew S. Place, and as grounds for this petition
alleges:
1. That Place and Company, Inc. is the owner of the following described property in St. Joseph County,
State of Indiana:
A part of the Southwest Quarter of Section 31, Township 37 North, Range 3 East,
in Centre Township, St. Joseph County, Indiana, more particularly described
as follows:
Commencing at the Southwest corner of the Southwest Quarter of said Section 31;
thence South 890 52' 14" East, 1711.97 feet along the South line of said Section
31 (also the centerline of Kern Road) to the Point of Beginning; thence North 000
17' 46" East, 426.00 feet along the Western Boundary of Kensington Farms Sub-
division, Third Section Part Two: thence North 660 42' 26" East, 55.73 feet;
thence North 110 56' 58" West, 140.00 feet; thence North 780 03' 02" East,
34.01 feet; thence Northeasterly along the arc of a curve convex to the North-
west, having a radius of 726.00 feet, a chord of 82.14 feet, a chord bearing of
North 810 17' 37" East and an arc distance of 82.19 feet; thence North 050
27' 48" West, 199.03 feet; thence North 110 20' 36" West, 100.18 feet; thence
North 220 29' 08" West, 200.12 feet; thence North 210 43' 22" West, 88.23 feet to
the Southeastern corner of Kensington Farms Subdivision Third Section, Part One;
REGULAR MEETING - JUNE 10, 1968
PETITION (continued)
thence along the Western boundary of Kensington Farms Sub - division, Third
Section Part One North 080 18' 27" West, 150.65 feet; thence North 000 09'
39" East, 127.25 feet; thence North 890 50' 21" West, 23.50 feet; thence
North 800 09' 39" East, 328.75 feet to the South line of Crest Manor
Subdivision; thence South 890 50' 21" East, 1149.09 feet along the South
line of Crest Manor Subdivision; thence South 000 03' 50" West, 650.00
feet; thence Southwesterly along the arc of a curve convex to the South-
east, having a radius of 500.00 feet, a chord of 288.16 feet, a chord
bearing of South 160 48' 43" West, and an arc distance of 292.31 feet;
thence Southwesterly along the arc of a curve convex to Northwest, having
a radius of 500.00 feet, a chord of 288.16 feet, a chord bearing of South
160 48' 43" West, and an arc distance of 292.31 feet; thence South OOo 03'
50" West, 570.00 feet to the South line of Section 31 (also the centerline
of Kern Road); thence North 890 52' 14" West, 926.83 feet along said South
line of Section 31 to the Point of Beginning, containing plus or minus
38.21 Acres;
2. That the foregoing property consists of land which makes up proposed plats of Kensington Farms, Section 4,
Parts One and Two;
3. That the above described property will be contiguous to lands within the City of South Bend on the
annexation by the Common Council of the City of South Bend of Crest Manor Addition, Section 9; that Crest
Manor Development Corporation, the owner of such Crest Manor Addition, Section 9, has filed a petition
to annex same and an ordinance so annexing same is pending before the South Bend Common Council and will
be adopted at an early date.
WHEREFORE, Place and Company, Inc. prays that the above described property be annexed to and made a part
of the City of South Bend, Indiana, a municipal corporation.
Dated this fifth day of June, 1968.
ORDINANCE$ THIRD READING
ORDINANCE NO. 5006 -68
PLACE AND COMPANY, INC.
By: /s/ Andrew S. Place, as President
AN ORDINANCE AMENDING ZONING ORDINANCE 3702
COMMONLY KNOWN AS THE ZONING ORDINANCE OF
THE CITY OF SOUTH BEND, INDIANA (411 Sommers St.)
The Ordinance was given third reading and passed by a roll call vote 9 ayes, (Councilmen Laven, Allen,
Craven, Reinke, Grounds, Szymkowiak, Wise, Palmer, and Zielinski). 0 nays 0 absent.
ORDINANCES, THIRD READING
ORDINANCE NO. 5007 -68
AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION
TO ACCOUNT P -213, "TRAVEL EXPENSE ", IN THE
AMOUNT OF $1,000.00 AND THE TRANSFER OF SAID
SUM FROM ACCOUNT P -11, "SERVICES PERSONAL",
IN THE POLICE DEPARTMENT, ALL BEING WITHIN THE
GENERAL FUND.
The Ordinance was given third reading and passed by a roll call vote 9 ayes, (Councilmen Laven, Allen,
Craven, Reinke, Grounds, Szymkowiak, Wise, Palmer, and Zielinski). 0 nays, 0 absent.
ORDINANCE, THIRD READING
ORDINANCE NO. 5008 -68
AN ORDINANCE FOR.AN ADDITIONAL APPROPRIATION
TO ACCOUNT Z -13, "OTHER COMPENSATION" IN THE
AMOUNT OF $3,182.29 AND THE TRANSFER OF SAME
FROM ACCOUNT Z -531, "PENSIONS TO RETIRED POLICE
MEN", ALL IN THE POLICEMAN'S PENSION FUND.
The Ordinance was given third reading and passed by a toll call vote 9 ayes, (Councilmen Laven, Allen,
Craven, Reinke, Grounds, Szymkowiak, Wise, Palmer, and Zielinski). 0 nays, 0 absent.
ORDINANCES, FIRST AND SECOND READING
ORDINANCE
AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS
OF SOUTH BEND, INDIANA, CERTAIN LANDS, GENERALLY KNOWN AS
CREST MANOR, SECTION NINE.
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 June 24, 1968. Councilman Palmer seconded
the motion. Motion carried.
REGULAR MEETING JUNE 10 1968
ORDINANCES, FIRST AND SECOND READING
ORDINANCE
AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE
CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LANDS,
GENERALLY KNOWN AS KENSINGTON FARMS SUBDIVISION,
SECTION FOUR, PART ONE AND PART TWO.
The Ordinance was given first reading by title and second reading /lull. Councilman Allen made a motion that
the Ordinance be set for public hearing on June 24, 1968. Councilman Reinke seconded the motion. Motion
carried.
ORDINANCES, FIRST AND SECOND READING.
ORDINANCE
AN ORDINANCE AUTHORIZING THE SALE AND CONVEYANCE
OF THREE PARCELS OF REAL ESTATE LOCATED IN THE
CITY OF SOUTH BEND, INDIANA, AND OWNED BY THE CITY
OF SOUTH BEND, INDIANA.
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 July 8, 1968. Councilman Allen seconded the motion.
Motion carried.
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 by title and second reading in full. Councilman Allen made a motion
that the Ordinance be set for public hearing on July 8, 1968. Councilman Szymkowiak seconded the motion.
Motion carried.
ORDINANCES, FIRST AND SECOND READING
ORDINANCE
AN ORDINANCE APPROVING A CONTRACT BETWEEN THE
WASTEWATER TREATMENT PLANT OF SOUTH BEND, INDI-
ANA AND EVA KROFT AND LOVELLA C. WADEL, CO-
ADMINISTRATRICES OF THE ESTATE OF THOMAS 0.
MAYS, FOR THE PURCHASE OF A TRACT OF LAND LYING
IN SECTIONS 28 AND 29, TOWNSHIP 38 NORTH, RANGE
2 EAST, IN GERMAN TOWNSHIP, ST. JOSEPH COUNTY,
INDIANA, IN THE SUM OF $73,900.00.
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 June 24, 1968. Councilman Grounds seconded the motion.
Motion carried.
ORDINANCES, FIRST AND SECOND READING
ORDINANCE
AN ORDINANCE APPROVING A CONTRACT BETWEEN THE
WASTEWATER TREATMENT PLANT OF SOUTH BEND,
INDIANA AND ROBBINS & MEYERS, INCORPORATED,
CHICAGO, ILLINOIS, FOR THE PURCHASE OF TWO (2)
HIGH - PRESSURE PUMPS IN THE TOTAL AMOUNT OF
$12,580.00.
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 June 24, 1968. Councilman Craven seconded the motion.
Motion carried.
ORDINANCES, FIRST AND SECOND READING
ORDINANCE
AN ORDINANCE APPROVING A CONTRACT BETWEEN THE
WASTEWATER TREATMENT PLANT OF SOUTH BEND,
INDIANA AND WOODRUFF & SONS, INCORPORATED,
MICHIGAN CITY, INDIANA, FOR THE CONSTRUCTION
OF SLUDGE LAGOONS IN THE TOTAL AMOUNT OF
$89,199.00.
The Ordinance was given first reading by title and second reading in full. Councilman Craven made a motion
that the Ordinance be set for public hearing on June 24, 1968. Councilman Zielinski seconded the motion.
Motion carried.
63
REGULAR MEETING JUNE 10 1968
ORDINANCES, FIRST AND SECOND READING
ORDINANCE
AN ORDINANCE APPROVING A CONTRACT BETWEEN THFio
WASTEWATER TREATMENT PLANT OF SOUTH BEND,
INDIANA AND THE E. L. ZIMMERMAN COMPANY, IN-
CORPORATED, MISHAWAKA, INDIANA, FOR THE INSTALLA-
TION OF SLUDGE PUMPS IN THE TOTAL AMOUNT OF
$17,694.00.
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 June 24, 1968. Councilman Craven seconded the motion.
Motion carried.
RRRnTJTTTnNR
RRRnTJTTT nN
RESOLUTION AUTHORIZING THE FILING OF APPLICATION
WITH THE STATE OF INDIANA FOR A GRANT UNDER
CHAPTER 298, ACTS OF THE 1967 INDIANA GENERAL
ASSEMBLY.
and
RESOLUTION AUTHORIZING FILING OF APPLICATION
WITH THE APPROPRIATE AGENCY FOR A GRANT UNDER
THE TERMS OF PUBLIC LAW 660.
Councilman Grounds made a motion that the reading of the above Resolutions be postponed -until the June
24, 1968 meeting. Councilman Craven seconded the motion. Motion carried.
RRRnTJTTTnN
A RESOLUTION FOR AN ADDITIONAL APPROPRIATION
IN ACCOUNT K -213, "TRAVELING EXPENSES" OF THE
MORRIS CIVIC AUDITORIUM FUND, IN THE AMOUNT
OF $300.00 AND THE TRANSFER OF THE SAME FROM
ACCOUNT K -223, "HEAT" AND ACCOUNT K -224,
"WATER ", ALL IN THE SAME CATEGORY, TO -WITS:
"SERVICES CONTRACTUAL ", AND ALL BEING IN THE
GENERAL FUND.
HHEREAS, 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
various functions of City government to meet such extraordinary contingencies; and
WHEREAS, Additional funds for traveling expenses are urgently needed by the Morris Civic Auditorium to
assure its ability to properly perform its function and the sum of $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. One Hundred Dollars ( #100.00) in Account
K -223 designated as "Heat ".
2. Two Hundred Dollars ($200.00) in Account
K -224 designated as "Water ".
NOW THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, That the sum of $100.00 be
transferred from Account K -223 designated as "Heat" and the sum of $200.00 be transferred from Account
K -224 designated as "Water" by transferring it to the following Account, to -wit:
Three Hundred Dollars ($300.00) to Account K -213 designated as "Traveling Expenses" all accounts being
in the same category, to -wit: "Services Contractual' of the Morris Civic Auditorium and all being in the
General Fund.
/s/ Robert 0. Laven
Member of the Common Council
Councilman Reinke made a motion that the Resolution be adopted by a roll call vote. Councilman Palmer
seconded the motion. The Resolution was lost by a roll call vote of 4 ayes, (Councilmen Laven, Reinke,
Wise, and Palmer) 5 nayes, (Councilmen Allen, Craven, Grounds, Szymkowiak, and Zielinski). 0 absent.
R R.q OT JTTT nW
A RESOLUTION FOR AN ADDITIONAL APPROPRIATION
IN ACCOUNT U -13, "EXTRA AND OVERTIME" OF THE
MUNICIPAL SERVICES FACILITY, IN THE AMOUNT
OF $6,000.00 AND THE TRANSFER OF THE SAME FROM
ACCOUNT U -11, "SALARY ", ALL IN THE SAME CATE-
GORY, AND WITHIN THE GENERAL FUND.
Councilman Allen made a motion that action on the above Resolution be deferred for two weeks pending further
information on the additional appropriation by Mr. Richard J. Duck, Manager of Municipal Services Facility.
Councilman Craven seconded the motion. Motion carried.
6
REGULAR MEETING JUNE 10, 1968
UNFINISHED BUSINESS
Councilman Grounds said he needs better police enforcement to curb speeders in his 1st District. Councilman
Szymkowiak wants more police protection for people attacked by being struck on the head with bottles, and
demanded another war on property owners who don't cut weeds on vacant lots in his 2nd District.
NEW BUSINESS
Councilman Janet S. Allen asked if it was legal to publish the names of parents of juvenile offenders in the
newspaper since the names of juveni.le:victims:-_bf offenders are published. City Attorney Arthur W. Frisk
indicated the issue is not within the province of the council. Councilman Gerald C. Reinke, inquired as to
when the automatic traffic signals were to be installed at Edison and Ironwood Rds. and at Ireland and York
Rds. Councilman Laven said he has been told by City Engineer Lloyd S. Taylor that plans for the installation
already are under way and the signals will be installed this summer.
There being no further business to come before the Council, Councilman Reinke made a motion to adjourn.
Councilman Wise seconded the motion. Motion carried. Time: 9:45 P.M. _
ATTEST:
APPROVED:
PRESIDENT