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HomeMy WebLinkAbout01-13-69 Council Meeting MinutesJANUARY 13, 1969 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, January 13, 1969 at8:05 p. m., with eight members present (Councilmen, Robert 0. Laven, Janet S'..'-Allen, Fred D. Craven, William W. Grounds, Walter Szymkowiak,Gerald Reinke, John Wise and Raymond Zielinski) and one member absent. (Albert E. Palmer) President Robert 0. Laven presided, and called the meeting to order. Father Matt Sienkiewicz, Catholic Social Center, gave the invocation. ROLL CALL Present: Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Wise, and Zielinski. Absent: Councilman Palmer `_x_281 REGULAR MEETING JANUARY 13, 1969 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 meetingsof the Council and found them correct. They therefore recommend that the same be approved. /s/ Robert 0. Laven /s/ Janet S. Allen Meeting of December 9, 1968 Meeting of January -6, 1969 (Organization meeting) There being no objections, the reports were accepted and placed on file. CITIZENS REQUESTS - MISCELLANEOUS MATTERS Council President Robert 0. Laven announced the meeting was open at this time to anyone present who wished to be heard. PETITIONS AMENDED LEGAL DESCRIPTION TO PETITION TO ANNEX LAND - FILED BY JAMES P. LOCKER AND LYLE D. BURNSIDE (Re December 9, 1968 meeting) A part of the South West one- quarter (1�,) of Section 31, Township 38 North, Range 3 East of the Second P.M., St. Joseph County, Indiana, more particularly described as follows: Beginning at a point on the North line of the said South West one - quarter ( ) of the South East one - quarter (I.) of Section 31, 450.80 feet East of the North West corner thereof: thence North 00001138' East a distance of 30 feet; thence North 89054'40" East to a point at t: intersection of the Southerly right of way line of South Bend Avenue (Indiana 23) and the West lot line of Lot Numbered Eight (8) of Wolfe's South Bend Avenue addition (proposed); thence Southwesterly along the Southerly right of way line of South Bend Avenue (Indiana 23) to a point; thence East to the Northwest corner of Lot. Numbered Eighteen (18) in Pensinger's Subdivision also being the South right of way line of South Bend Avenue (Indiana 23), and also being the present city limits of the City of South Bend, Indiana; thence Southwesterly along the Southerly right of way line of South Bend Avenue (Indiana23) to a point; thence North 55027'20" West a distance of 210 'feet; thence South 34032'40" West a distance of 150 feet, thence South 55027'20" East a distance of 130 feet; thence South 34032'40" West a distance of 227.35 feet; thence North 55027'20" West a distance of 108.30 feet; thence North 00006102" West a distance of 201.37 feet; thence South 89054'40" West a distance of 374.06 feet; thence North 00001138" East to a point intersecting with the North line of the South -West one- quarter ('k) of the South East one - quarter (4) of Section 31, Township 38 North, Range 3 East, being the point of beginning. Petition prepared by: William E. Voor, Jr., Attorney First Bank Building South Bend, Indiana Councilman Janet S. Allen made the motion that the annexation as amended be forwarded to the Annexation Commission and to the Area Planning Commission. Councilman William W. Grounds seconded the motion. Motion carried, 8 ayes, 0 nays I absent (Palmer) Councilmen: Allen, Craven, Grounds, Laven, Reinke, Szymkowiak, Wise and Zielinski. REPORT OF AREA PLANNING COMMISSION Report on the ORDINANCE to rezone property at Ironwood and Edison January 8, 1969 The Honorable Common Council City of South Bend South Bend, Indiana 46601 Gentlemen: The attached rezoning petition of Frances H. Buzby was legally advertised November 9 and 16 and given public hearing on November 19, 1968. The following action was taken on January 7, 1969: "After due consideration it was moved, seconded, and unanimously carried that the proposed ordinance and site development plan be recommended favorably to the Common Council" Attached hereto and made a part of this report are the deliberations of the commission relative to this matter. Very truly yours, John K. Wilson, Executive Director JKW /cas Attach. There being no objections, the report was accepted as read and placed on file. REPORT OF CITY CONTROLLER Report was not submitted. ORDINANCE�,FIRST AND SECOND READING ORDINANCE AN ORDINANCE REGULATING THE PRESENCE OF MINORS UNDER THE FULL AGE OF EIGHTEEN(18) YEARS ON PUBLIC STREETS AND OTHER PUBLIC PLACES BETWEEN CERTAIN HOURS, WITH EXCEPTIONS, DEFINING RESPONSIBILITIES OF PARENTS OR GUARDIANS OR OTHERS HAVING THE LEGAL CARE AND CUSTODY OF MINORS 129 REGULAR MEETING JANUARY 13, 1969 ORDINANCE (continued) UNDER THE FULL AGE OF EIGHTEEN (18) YEARS AND PROVIDING FOR PENALTIES AND ARRESTS FOR VIOLATION THEREOF, DESCRIBING CERTAIN PROCEDURES IN THE APPREHENSION AND PROCESSING OF SUCH MINORS UNDER THE FULL AGE OF EIGHTEEN (18) YEARS AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, AS AMENDED. The Ordinance was given first reading by title and second reading in full. Councilman Walter Szymkowiak made the Noon to set the date of public hearing for January 27, 1969. Councilman William Grounds seconded the motion. l9nayes" nays, 1 absent ( Palmer), Councilmen: Laven, Allen, Craven, Reinke„ Grounds. Wise and Zielinski. ORDINANCE AN ORDINANCE AFFECTING THE ZONING OF APPROXIMATELY 2.8 ACRES OF LAND 262.5 FEET EAST AND WEST BY 448 FEET NORTH AND SOUTH LYING APPROXI- MATELY 299 FEET FROM THE WEST LINE OF IRONWOOD DRIVE, AND 172 FEET NORTH OF THE NORTH LINE OF EDISON ROAD, IN THE CITY OF SOUTH BEND, INDIANA. The Ordinance was given first reading by title and second the mlion to set.tte date of public hearing for January motion,ot�oayes, b8nays, 1 absent (Palmer) Councilmen: Zielinski. ORDINANCE NO. 5052-69 reading in full. Councilman Walter Ezymkowiak made 27, 1969. Councilman Janet S. Allen seconded the Laven, Allen, Craven, Reinke,GFounds, Wise and AN ORDINANCE APPROPRIATING ALL PARKING METER FEES AND FUNDS FOR THE YEAR 1969 TO THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CIVIL CITY OF SOUTH BEND, INDIANA, FOR THE USES AND PURPOSES SET FORTH THEREIN, CHAPTER 208, IN ACCORDANCE WITH ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF INDIANA OF 1965. The Ordinance was given first reading by title and second reading in full. Because of the urgency of this appropriation, Councilman Robert 0. Laven asked for suspension of the rules. Councilman Reinke made the motion for suspension of the rules and Councilman Fred Craven seconded the motion. Councilman Robert 0. Laven asked the Clerk, Kathryn L. Blough, for a roll call vote. 8 ayes, 0 nays, 1 absent (Palmer). Motion carried. Mr. Alvin Reeder, Parking Meter Manager, answered questions from the Councilmen concerning the Parking Meter Depart- ment Budget needs. Councilman Robert 0. Laven questioned the motor equipment figure. Mr. Reeder stated he now drives a 6- cylinder Station Wagon which is used for pick -up purposes, etc., and is also driven by four other people from the department. He said the car now needs motor repairs, approximately $500.00 worth. Mr. Lloyd Taylor, City Engineer, and James Bickel, City Controller, answered many questions from the councilmen to help clarify the amounts in each account. Mr. Taylor stated tha -lan 8- cylinder car is a standard specification for all city cars because they get better service from them than a 6- cylinder motor. The parking meter fund appropriation includes $50,000 to be used for the partial payment of the architectural design fee for the city's two proposed municipal parking garages. Miss V:Guthrie,South Bend Civic Planning Association, urged that the money be saved instead for street repair and cleaning, and that the $50,000 be held in abeyance and that the architect be paid from the cumulative capital improvement fund or from the proceeds of the revenue bond sale which will finance the $3.6 million estimated cost of the parking structures. A motion was made by Councilman Walter Szymkowiak for a recess. Motion.was seconded by Councilman Janet S. Allen. Time: 8:55 p.m. Reconvened: 9 :09 p.m. Motion was made by Councilman Gerald Reinke for third reading and passage. Motion was seconded by Councilman Fred D. Craven. Motion carried. Ordinance was given third reading and passed by a roll call vote. 8 ayes 0 nays, 1 absent (Palmer) Councilmen: Laven, Allen, Craven, Reinke, Grounds, Wise and Zielinski. ORDINANCE 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, 1969 TO FEBRUARY 7, 1970 IN THE AMOUNT OF $26,972.50 The Ordinance was given first reading by title and second reading in full. Councilman Janet S. Allen questioned the efficiency of the chemical Hydrofluosilicic Acid in the city water. She requested a report from the Depart- ment of Health and Department of Welfare stating if the addition of this chemical.has improved dental care which they predicted. She insisted that reports from these departments be submitted at the February 10, 1969 public hearing meeting of the Common Council. Mr_ S. J. Crumpacker stated a discussion was not in order on this question. Councilman Gerald Reinke said delaying this ordinance may make the chemicals more expensive. Motion for a public hearing on February 10, 1969 was made by Councilman Fred Craven and was seconded by Councilman Walter Symkowiak. Motion carried. 8 ayes, 1 nay (Reinke) 1 absent (Palmer) ORDINANCE AN ORDINANCE APPROVING A CONTRACT BET14EEN 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, 1969 TO FEBRUARY 7, 1970 IN THE AMOUNT OF $58,786.40. The Ordinance was given first reading by title and second reading in full. Councilman William Grounds made the motion for a public hearing on January 27, 1969. Councilman Walter Szymkowiak seconded the motion. Motion carried. 8 ayes, 0 nays, 1 absent (Palmer) Councilmen: Allen, Craven, Grounds, Laven, Reinke, Szymkowiak, Wise and Zielinski. 130 REGULAR MEETING JANUARY 13, 1969 11 11 ORDINANCE 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, 1969 TO FEBRUARY 7, 1970 IN THE AMOUNT OF $7,097.30. The Ordinance was given first reading by title and second reading in full. Councilman Janet S Allen made a motion fbr:a public hearing on January 27, 1969. Councilman Walter Szymkowiak seconded the motion. Motion carried. 8 ayes, 0 nays, 1 absent (Palmer).Councilmen: Laven, Allen, Craven, Grounds, Reinke, Szymkowiak, Wise and Zielinski. ORDINANCE 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, 1969 TO FEBRUARY 7, 1970 IN THE AMOUNT OF $10,502.20. The Ordinance was given first reading by title and second reading in full. Councilman Janet S. Allen made a motion for a public hearing on January 27, 1969. Councilman Raymond Zielinski seconded the motion. Motion carried. 8 ayes, 0 nays, 1 absent (Palmer). Councilmen: Laven, Allen, Craven, Grounds, Reinke, Szymkowiak, Wise and Zielinski. Councilman President Robert 0. Laven then asked Councilman Fred D. Craven to take the chair. Councilman Robert 0. Laven then introducedthe following resolution: RESOLUTIONS RESOLUTION NO. 202 -69 RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RESOLVING THAT THE COMMON COUNCIL REDISTRICT THE CITY OF SOUTH BEND INTO SIX (6) COUNCILMANIC DISTRICTS. WHEREAS, the City of South Bend is presently divided into six (6) Councilmanic Districts in accordance with the BurnsIndiana Statutes, sec. 48 -1220, as amended. WHEREAS, the six (6) Councilmanic Districts as presently established and defined are not equally divided in accordance with the limitations and requirements set forth in the 1963 Supreme Court Ruling, Avery v. Midland County, of "one man, one vote," principle- and WHEREAS, the Burns Indiana Statues, sec. 29 -3502, as amended permits only such redistrict- ing in a city non - election year and the year 1969 is such non - election year for the City of South Bend, Indiana; and WHEREAS, it is desirable and in the public interest that the City of South Bend, Indiana be redistricted to meet the above requirements of the "one man, one vote," principles-, NOW THEREFORE, Be it resolved that the Common Council of the City of South Bend, Indiana undertake to redistrict the City of South Bend in accordance with State and Federal regulations during the year 1969. !s, Robert 0. Laven Member of Common Council This Resolution Adopted by the Common Council of the City of South Bend this January 13 day of 1969 Councilman Robert 0. Laven stated this resolution for redistricting is a task for the council that must be done in 1969, a non - election. He said that the districts do not conform to the court ruling and that the St. Joseph County Board of Voter Registration now is in the process of purging its voter list of non - residents and non - voters. He stated that this has not been done for five or six years, however, this will take some time and when the figures are in, this act of redistricting can be accomplished. Councilman Walter Szymkowiak thought redistricting was necessary but that both political parties should be invited to lay out the redistricting plans. Councilman William Grounds stated that the Council should be capable of doing this alone. Councilman Robert 0. Laven said that the testimony of several political heads should be obtained. Councilman Janet S. Allen believed there should be several plans submitted. Councilman John Wise made the motion fbr'the passage of the resolution by a roll call vote. Councilman Gerald Reinke seconded the motion. Motion carried. 8 ayes, 0 nays, 1 absent (Palmer) Councilmen: Laven, Allen, Craven, Grounds, Reinke, Szymkowiak, Wise and Zielinski. Councilman Fred Craven then turned the chair back to Council. -- President Robert 0. Laven. RESOLUTIONS RESOLUTION NO. 203 -69 A RESOLUTION FOR AN ADDITIONAL APPROPRIATION IN ACCOUNT P -722, "MOTOR EQUIPMENT" OF THE SOUTH BEND POLICE DEPARTMENT, IN THE AMOUNT OF $7,249.00 AND THE TRANSFER OF SAME FROM ACCOUNT P -727, "RADIO EQUIPMENT ", ALL IN THE SAME CATEGORY AND WITHIN THE GENERAL 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 various functions of City Government to meet such extraordinary contingencies: and WHEREAS, the low composite bid on the forty -eight (43) police cars required in _3 -1. REGULAR MEETING JANUARY 13, 1969 11 H RT'QAT TTT'TAWQ 1969, was $40,249.00, and only $33,000.00 had been appropriated in the 1969 budget for said police cars, and an additional sum of $7,249.00 is needed forthwith to assure the Police Department's ability to properly perform its functions- and WHEREAS, a surplus exists in another account where it is not presently needed- and more specifically as follows, to -wit; $7,249.00 in Account P -727, "Radio Equipment" NOW, THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA that the sum of $7,249.00 be transferred from Account P -727 designated as "Radio Equip- ment " to Account P -722 designated as "Motor Equipment" both of said accounts being in the same category "Properties ", and being within the General Fund. /s' William W. Grounds Member of Common Council Division Chief Loren M. Bussert said the forty -eight cars are an absolute necessity and stated that the department had hoped to buy fifty -two new cars. City Engineer, Lloyd Taylor said trading policies will be re- examined and perhaps the low - mileage detective cars will be distributed among other departments for another year of use in the future. The transfer was possible because a $20,000 federal grant is helping the department in the purchase of radio speech scramblers. Councilman John Wise made the motion for the passage of the resolution by a roll call vote. Councilman Raymond Zielinski seconded the motion. Motion carried. 8 ayes, 0 nays, 1 absent (Palmer) Councilmen: Laven, Allen, Craven, Grounds, Reinke, Szymkowiak, Wise and Zielinski. UNFINISHED BUSINESS Councilman Gerald Reinke had special praise for WMU -TV and radio stations for broadcasting descriptions of crime suspects and stolen cars minutes after the offenses occurred, and called attention to the council's program to become involved and effectively reduce crime in our city. Mayor Lloyd Allen had announced January 6, 1969 to January 11, 1969 as "Crime Alert Week ". He said excellent cooperation was had between newspapers, television and radio. He introduced Mr. W. T. Hamilton, general manager of WNDU, who said they were grateful for the oppor- tunity to cooperate. OLD BUSINESS Councilman Fred D. Craven urged the council to study the possibility of alternate -side parking on streets from day to day to help with the snow removal problem. There being no further business to come before the Council, Councilman William Grounds made a motion to adjourn. Councilman Raymond C. Zielinski seconded the motion. Motion carried. Time:10:20 p.m. ATTEST: APPROVED: CLERK // PRESIDENT