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HomeMy WebLinkAbout06-23-69 Council Meeting MinutesREGULAR MEETING JUNE 23,1969 Be it remembered that the Common Council of the City of South Bend, Indiana, met in the Council Chambers in the City Hall on Monday, June 23, 1969, at 8:15 p.m. with eight members present. The meeting was called to order by Council President Robert O. Laven, who presided. ROLL CALL PRESENT: Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Zielinski and Palmer. ABSENT: Councilman Wise. REPORT OF COMMITTEE ON MINUTES To the Common Council of the City of South Bend: Your Committee on the inspection and supervision of the minutes, would respectfully report that they have inspected the minutes of June 9, 1969 meeting of the Council and found them correct. They therefore recommend that the same be approved. /s/ Robert O. Laven /s/ -Janet S. Allen /sl Albert E. Palmer There being no objections, the report was accepted as read, and placed on file. CITIZENS REQUESTS - MISCELLANEOUS MATTERS Mr. Roman Kowalski, 802 Birchwood Drive, asked Councilman Grounds why the crosswalk light had not been installed at the corner of Marion and Michigan Streets. Councilman Grounds replied that he was informed by the Traffic Engineer that it will be installed as soon as possible. Mrs. Ellen Pepple, South Bend, representing a group called "Concerned People for Ivy Tech, said that this area desperately needs the vocational school herein this area and was very concerned that "they" want to get rid of the school. Councilman Reinke introduced Mr. Bob Griffin, a recent graduate of the United States Military Academy. PETITIONS Petition to Amend Zoning Ordinance: 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 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 1033 Lincoln Way West, South Bend, Indiana, between Sherman and Allen Streets and on the North,side of Lincoln Way West. 2. The property is owned by Sarah Wagner Russell with an option to purchase said real estate by Dairy Queen of St. Joseph County, Inc, subject to this petition for rezoning being granted. 3. A legal description of the property is as follows: The West thirty (30) feet of Lot Numbered Fifty, Cushing's First Addition to the City of South Bend. 4. It is desired and requested that the foregoing property be rezoned: From "A" Residential Use and "B" Height and Area District - To "C -1 Commercial Use and "D" 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: The frame dwelling presently on the premises will be razed and the area will be used for off - street parking for the Dairy Queen store located across the alley from the real estate described in this petition. 6. Number of off street parking spaces to be provided - not given. 7. Attached is a copy of: a.) an existing plot plan showing the property and other surround- ing properties; be.) 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. 200 REGULAR MEETING JUNE 23, 1969 PETITIONS Petition continued - property at 1033 Lincoln Way West for rezoning Dairy Queen of St. Joseph County, Inc. M /s/ Frederick Q. Vaughn, Jr., President Petitioner 511 W. Colfax Ave. South Bend, Indiana 46601 /s/ F. Jay Nimtz, Secretary I consent to the above petition for rezoning and respectfully request that it be granted. Petition prepared by: Atty. F. Jay Nimtz /s/ Francis Jones, Attorney & Agent for Sarah Wagner Russell Councilman Grounds made a motion that the petition be referred to the Area Plan Commission for study, Councilman Szymkowiak seconded the motion. Motion carried. PETITIONS Petition to Amend Zoning Ordinance: 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 as hereinafter requested, and in support of this application, the following facts are shown: 1. The property sought to be rezoned is located at 3516 East Jefferson Blvd., South Bend, Indian 2. The property is owned by Frank Brazeau and Deloros Brazeau, husband and wife, but being purchased by Thomas L. Hickey Jr. and Virginia Bell Hickey,, husband and wife, subject to rezoning. 3. A legal description of the property is as follows: Lots Numbered 2, 3, 4, and the North half of Lots Numbered 8 and 9 in the recorded Plat of Fernwood 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 "A" Residential Use and "A" Height and Area District - To "C" Commercial Use and "A" 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 (include number of dwelling units if residential) A funeral home with the present structure being used as such with an additional garage being constructed and attached to the existing building. 6._ Number of off street parking spaces to be provided is - 40. 7. Attached is a copy of a.) an existing plot plan showing the property and other surrounding properties; b.) names and addresses of all the individuals, firsm or corporations owning property within 300 feet of the property sought to be rezoned: c.) site development plan. Signature of Petitioners: /s/ Thomas L. Hickey 1423 E. Colfax Ave. /s/ Virginia Belle Hickey 1423 E. Colfax Ave. Petition prepared by: Alexis T. Cholis, Atty.at Law 315 St. Joseph Bank Bldg. South Bend, Indiana /s/ Francis Brazeau 3516 E. Jefferson Blvd. /s/ Delores Brazeau 3516 E. Jefferson Blvd. Councilman Reinke made a motion that the petition be referred to the Area Plan Commission for study. Councilman Palmer seconded the motion. Motion carried. II MEMO FROM MAYOR ALLEN Memo To: Common Council Subiect: Amendment to 1970 Salary Ordinance From.the Office of the Mayor 23 June 1969 The 1970 Salary Ordinance contains several typographical errors. The salaries for certain positions should be as follows: Assistant Street Superintendent Foreman III Cementery Sexton Manager, Sanitation Parking Meter Superintendent Sealer of Weights and Measures Please correct this. LMA /et $.8,085 8,085 7,255 9,135 6,935 9,135 /s/ Lloyd M. Allen REGULAR MEETING JUNE 23, 1969 MEMO FROM MAYOR (Continued) Councilman Reinke made a motion that the Council accept the recommendations of the Mayor. Councilman Craven seconded the motion. Motion carried. Council President Laven said it is difficult to amend the ordinance and he urged that greater care be taken in the future. The recommendation was accepted 8 ayes, 0 nays, 1 absent (Councilman Wise) REPORT FROM THE FEES & SALARIES COMMITTEE To the Common Council of the City of South Bend: Your Committee,Fees & Salaries Committee: Gerald C. Reinke (Chairman), Robert Laven, Fred Craven and Ray Zelinski, to whom was referred the Ordinance fixing maximum salaries of appointed officers and employees of the City of South Bend, Indiana for the year 1970. Respectfully report that they have examined the matter and that in their opinion, the amended 6 -23 -69 Ordinance should be adopted as revised in column headed, "Fees & Salaries Committee Recommendations ". A Special meeting shall be held on July 7, 1969, at 8:00 pm. in the Council Chambers for the purpose of a Public Hearing. Report of Fees & Salaries Committee accepted as re� � Gerald C. Reinke, Chairman *Fees & Salaries recommendations listed on Page 204. Councilman Reinke made a motion that a special meeting be held on July 7, 1969 at 8:00 p.m. in the Council Chambers for a public hearing on the Fees & Salaries Ordinance. Councilman Zielinski seconded the motion. Motion carried. 8 ayes, 0 nays, 1 absent, Councilman Wise. REPORT FROM THE REDISTRICTING COMMITTEE Councilman Craven reported for the Redistricting Committee and made a motion that the Ordinance be adopted as filed, and that it be set for public hearing on July 28, 1969. Councilman Grounds seconded the motion. Motion carried 6 ayes, (Councilmen Laven, Allen, Grounds, Palmer, Reinke And Craven.) 2 nays, (Councilmen Zielinski and Szymkowiak) 1 absent (Councilman Wise) Councilman Zielinski read the following report from the Minority members of the Committee: To the Common Council of the City of South Bend: The Minority members of the Redistricting Committee, Walter Szymkowiak and Raymond C. Zielinski to whom was referred An Ordinance amending Ord. #3232, adopted by the Common Council of the City of South Bend, Indiana, thereafter amended and as adopted and codified, October 14, 1963, commonly known as the Councilmanic District Ordinance of the City of South Bend.(See Council minu- tes of Council meeting May 12, 1969) Respectfully report that we have examined the matter and that in our opinion the Ordinance be adopted as filed. Further, we recommend that a Public Hearing on the Ordinance be held on July 28, 1969. /s/ Raymond C. Zielinski /s/ Walter M. Szymkowiak Councilman Zielinski made a motion that the Ordinance be adopted as filed and be set for Public Hearing on July 28, 1969. Councilman Szymkowiak seconded the Motion. Motion was defeated for lack of sufficient vote. 4 ayes, (Councilmen Allen,Craven, Zielinski and Szymkowiak.) 4 nays, (Councilmen Laven, Reinke, Palmer and Grounds.) 1 absent (Councilman Wise) REPORT FROM AREA PLAN COMMISSION June 18, 1969 The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: The attached rezoning petition of Harry and Cora Jenner, et al, was legally advertised under date of June 7 and 14 and was given public hearing on June 17, 1969. The following action was taken: After due consideration, it was moved, seconded, and unanimously carried that the ordinance and site development plan be recommended unfavorably to the Common Council. It was further indicated that if the Council is favorably disposed toward the rezoning, the site development plan will require revision in order to make the parking area function. (Location: 3231 E. McKinley Highway) Excerpts of the minutes of the meeting are hereby attached and made a part of this report.. Very truly yours, John K. Wilson, Executive Director JKW /cas Attach. The report was accepted as read and placed on file. REGULAR MEETING JUNE 23, 1909 REPORT OF THE COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend, Indiana: Your Committee of the Whole to whom was referred AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION TO ACCOUNT Q -43, "REPAIR PARTS" IN THE AMOUNT OF $4,000.00 AND THE TRANSFER OF SAID SUM FROM ACCOUNT Q -11, 11SERVICES PERSONAL" AND FOR AN ADDITIONAL APPROPRIATION TO ACCOUNT Q -262, "MEDICAL SURGICAL AND DENTAL ", IN THE AMOUNT OF $4,000.00 AND THE TRANSFER OF SAID SUM FROM ACCOUNT Q -11, "SERVICES PERSONAL ", IN THE FIRE 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 Chairman There being no objections, the report was accepted as read and placed on file. ORDINANCES, THIRD READING ORDINANCE NO. 5090 -69 AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION TO ACCOUNT Q -43, "REPAIR PARTS ", IN THE AMOUNT OF $4,000.00 AND THE TRANSFER OF SAID SUM FROM ACCOUNT Q -11, "SERVICES PERSONAL" AND FOR AN ADDITIONAL APPROPRIATION TO ACCOUNT Q -262, "MEDICAL SURGICAL AND DENTAL ", IN THE AMOUNT OF $4,000.00 AND THE TRANSFER OF SAID SUM FROM ACCOUNT Q -11, "SERVICES PERSONAL ", IN THE FIRE DEPARTMENT, ALL BEING WITHIN THE GENERAL FUND. The Ordinance was given third reading and passed by a roll call vote of 8 ayes, (Councilmen Laven Allen, Craven, Grounds, Reinke, Zielinski, Szymkowiak and Palmer) 0 nays, 1 absent,(Councilman Wise) ORDINANCES, FIRST AND SECOND ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE 4990 (CHAPTER 40 OF MUNICIPAL CODE) OF THE CITY OF SOUTH BEND, INDIANA. ORDINANCE AFFECTING THE ZONING ON LOT NUMBERED ONE (1) MCKINLEY TERRACE ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, STATE OF INDIANA, COMMONLY KNOWN AND DESCRIBED AS 3231 EAST MCKINLEY AVENUE, SOUTH BEND, INDIANA. The Ordinance was given first reading by title and second reading in full. Councilman Allen made a motion that the Ordinance be referred to the Ordinance Committee. Councilman Craven seconded the motion. Motion carried. RESOLUTIONS RESOLUTION NO. 213 -69 WHEREAS, the Board of Public Works and Safety of the City of South Bend, did on the 19th day of June, 1969, adopt a resolution fixing the rates and charges to be collected for parking of vehicles in the off- street parking facility and establish- ing the hours of operation, which resolution is as follows: RESOLUTION NO. 6 -19 -69 OF THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF SOUTH BEND, INDIANA WHEREAS, Chapter 190, Acts of 1955 of the Indiana General Assembly, provides the Board of Public Works with the power, subject to approval of the Council, to fix the rates and charges to be collected for the "parking of vehicles of any off - street parking facility. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works and Safety of the City of South Bend that fees for parking in the off - street parking facilities to be constructed under the name of Off - Street Parking Project 1969" be established at the rate of thirty -five cents for the first hour, or portion thereof, fifteen cents each additional hour, or portion thereof, with a maximum charge for single parking of ninety -five cents. BE IT FURTHER RESOLVED that said off - street parking facility shall remain open each business day from the hours of 6:00 a.m. until midnight, local time. Adopted this 19th day of June, 1969. THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF SOUTH BEND /s/ Llovd S. Taylor /s/ S. J. Crumpacker /s/ James A Bickel ATTEST: Is/ Doris Allen Clerk, Board of Public Works & Safety REGULAR MEETING JUNE 23,1969 RESOLUTION (Continued) NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF SOUTH BEND, INDIANA that the foregoing resolution of the Board of Public Works and Safety be, and is hereby approved by the Common Council. /s/ Robert 0. Laven Member of the Common Council James A. Bickel, City Controller told the Council the approval of rates is necessary to show revenue projections prior to the sale on July 9th of a $3.6- million revenue bond issue. Councilman Allen asked for the exact number of parking spaces in the new parking facility. Mr. Bickel said the long awaited feasability report arrived at his office late Monday afternoon and reported to the Council that the latest figure lists 844 parking spaces in the two garages. He also stated the garages will be closed on Sunday and holidays unless the Council changes the Ordinance. Councilman Allen said she thought the resolution should should have been an Ordinance and advertised for public hearing, in fact, she thought more people would have attended the meeting if it had been properly advertised. Councilman Grounds made a motion that the Council adopt the Resolution. Councilman Craven seconded the motion.. Motion carried. 7 ayes, (Councilman Laven, Allen, Craven, Grounds, Palmer, Reinke and Zielinski) 1 nay, (Councilman Szymkowiak) 1 absent, ( Councilman Wise) RESOLUTION RESOLUTION NO. 214 -69 A RESOLUTION SUPPORTING THE CONTINUING OF THE INDIANA VOCATIONAL TECHNICAL COLLEGE WHEREAS, the Common Council of the City of South Bend, Indiana, is cognizant of the importance of Ivy Tech as an integral part of our education program, which affects the St. Joseph Valley Region, composed of Elkhart, Kosciusko, Marshall and St. Joseph Counties, and, WHEREAS, it is a well substantiated fact that in its relatively short time of operation that Ivy Tech is and will be of great value to the citizenry of the St. Joseph Valley Region if it is allowed to continue in the direction and manner of operation as was originally intended and without interference from the Superintendent of Public Instruction, and, WHEREAS, differences of opinion between the State School Superin- tendent of Instruction and the State Governing Board, Local Board of Trustees and Faculty have been found to exist with respect to methods of operations and of the usefulness of the school to the St. Joseph Valley Region and, WHEREAS, reducing the State Board for Vocational - Technical Education of its strength for theoperation of Ivy Tech and assigning the responsibility to the Superintendent of Sta-ce Public Instruction is unsound, unrealistic and unjust to efficient manner of operating Ivy Tech. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND that we wish to make of Record our strong support that Ivy Tech be administered by its State Governing Board and the Local Board of Trustees and that the Governor honor the intent of the law as directed by the General Assembly. /s/ Gerald C. Reinke Member of the Common Council Councilman Reinke said he had inspected the facilities at Ivy Tech and has received many calls in favor of the program. Richard Wysong, Dean of Ivy Tech, said "Ivy Tech can offer much to the community. It pours taxes back into the community by offering "paycheck" training." He stated that about 1500 students are enrolled at Ivy Tech at the present time, with about 250 of this number being full -time students, and added that a cut in the local budget at this time would hinder progress. Eugene:Glod, director of student affairs, said that 50 to 60 percent of the students enrolled at Ivy Tech are from St. Joseph County. Councilman Reinke instructed City Clerk Kathryn Blough to send copies of the resolution to Governor Whitcomb, Superintendent Richard Wells, James E. Allen, U. S. Commissioner of Education and Indiana Senators and Congressmen. Councilman Craven made a motion that the resolution be adopted. Councilman Szymkowiak seconded the motion. Motion carried. 8 ayes, (Councilmen Reinke, Craven, Allen, Szymkowiak, Grounds, Zielinski, Palmer and Laven) 0 nays, 1 absent (Councilman Wise) .REGULAR MEETING JUNE 29, 1969 UNFINISHED BUSINESS Deputy City Attorney Robert Parker and City Engineer Lloyd Taylor explained the legal procedures that must be followed before the City can dispose of a junk automobile. The explanation followed questions raised by Councilman Allen concerning abandoned cars parked in weeds on vacant lots. Mr. Taylor said a title must be in the hands of ,a junk dealer before he can junk it. Councilman Allen asked what has been done about'writing a city ordinance covering junk cars. Councilman Laven suggested the matter be reviewed soon by the Council. Councilman Craven suggested the city have the Park Department take cake of weed removal. Councilman Szymkowiak suggested that a budget be set up for the Park Department to do the job. Council President Laven instructed Councilman Allen to discuss the matter with the Park Department if funds are necessary to remove the weeds. She as Chairman of the Public Improvement Committee will report to the Council Councilman Zielinski asked what can be done about junk cars parked around Service Stations. City Engineer Lloyd Taylor suggested he notify the Police Department or send a memo to the Board of Works & Safety to check and see if there is a zoning violation. Councilman Grounds asked if there was an established rate for the salaries of employees who will be employed in the new Parking Garages. Council-President Laven said a salary would be establish ed at a later date. NEW BUSINESS Councilman Zielinski read a petition signed by 19 residents in the vicinity of the White Ford Leasing Company on Sample Street which read as follows: TO: BOARD OF WORKS OF CITY OF SOUTH BEND, INDIANA We, the undersigned, hereby Petition your Honorable Board to encourage the White Ford Leasing Company on Sample Street to fix their Parking Lot so that trucks will not bring dirt onto Sample Street; which raises dirt and dust in the area causing danger to the health, comfort and safety to the persons in the area; and to the visibility of traffic traveling on Sample Street in said city. Councilman Zielinski directed the Clerk to forward the petition to the Board of Works . Council President Laven asked the Clerk to send a letter to the Human-Relations and Fair Employment Practices Commission congratulating them on their new employee, Mr. Sylvester Coalmon who recently joined their staff as an inter-group field worker II. There being no further business to come before the Council, Councilman Allen made a motion to adjourn. Councilman Craven seconded the motion. Motion carried. Time: 9:45. ATTEST: Insert APPROVED: C I W� � �C_ L OK' PRESIDENT RECOMMENDATIONS OF FEES & SALARIES COMMITTEE: President 6f.Common'.Council Delete Ass't. City Engineer 11,000 Project Engineer 10,500 City Attorney 10,000 Chief Deputy City Attorney 6,000 Sup't:, Parks'.& For6stry 13,000 Director, HR & FEPC 12,800 Field Worker 11 8,715 Board Member, Prk. & Rec. 300 Ass't. Sup't., Parks & Forestry 9,450 Zoo Keeper 6,180 Florist 7,500 Attendant, Storyland Zoo 1,066 Cashier, Erskine & Elbel 2,973 Cashier, Studebaker 1,739 Refrigeration & Pool Engineer 7,510 Greenskeeper 6,900 Custodian Pinhook Pavilion 4,830 Supervisor Natatorium 5,785 Exec. Dir.., Redevelopment 16,000 Assoc. Dir., Redevelopment 12,500 Ass't. Dir., Redevelopment 11,000 Redevelopment Engineer 10,750* Relocation - Rehabilitation officer 8,400 Commercial Rehabilitation Specialist 7,400 I Relocation Director 9,000 Rehabilitation Director 8,500 Relocation Aid 4,898 Planner 8,700 Planning Ass't. 6,084 Real Estate Officer 10,000 Finance Officer 8,400 Financial Advisor 8,000