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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