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HomeMy WebLinkAbout09-08-69 Council Committee of the Whole Meeting MinutesCOMMITTEE OF THE WHOLE MEETING SEPTEMBER 8, 1969 Be it remembered that the Common Council of the City of South Bend, Indiana, met in the Committee of the Whole in the Council Chambers of City Hall on Monday, September 8, 1969, at 8:04 p.m., eight members present (Councilmen Laven, Allen, Craven, Grounds, Reinke, Szymkowiak, Zielinski and Wise) and one member absent (Councilman Palmer). The invocation was given by Reverend C. William Cole, Ardmore Brethren Church, South Bend, Indiana. The meeting was called to order by Chairman William W. Grounds, who presided. ORDINANCE AN ORDINANCE TO PROVIDE FOR THE INDEMNIFICATION OF POLICE OFFICERS This being the time heretofore set for public hearing on the above Ordinance, proponents and opponents were given an opportunity to be heard thereon. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association, asked City Attorney Shepard J. Crumpacker to explain the Ordinance. He stated that this Ordinance would give South Bend policemen protection: against civil court judgments,,arising from their lawful acts,as the result of an indemnification,' He explained that there were,at the present time, civil court suits pending against two police- men stemming from a traffic accident while on duty and are about to go on trial. Passage of the Ordinance now, he said, will allow the City Legal Department to enter the case to defend the policemen. Councilman Laven said he would like to delay the public hearing on this ordinance for 30 days, until a reply was received from a Chicago insurance company pertaining to obtaining insurance. Councilman Allen made a motion that the public hearing on this _ordinance.be_con- tinueduntil the next meeting, Sept. 22, 1969. `Councilman Laven seconded the motion. Motion was defeated, 5 nays, (Councilmen Craven, Grounds, Reinke, Szymkowiak, Zielinski).3 ayes, (Councilmen Laven, Wise and Allen), 1 absent, (Councilman Palmer). Councilman Reinke made a motion that the Ordinance go to the Council as favorable. Councilman Szymkowiak seconded the motion. Motion carried. 5 ayes, (Craven, Grounds, Reinke, Szymkowiak and Zielinski), 3 nays, (Councilmen Laven, Wise and Allen), 1 absent, (Councilman Palmer.. There being no further business before the Committee of the Whole, Councilman Grounds made a motion to rise and report to the Council. Councilman Zielinski seconded the motion. Motion carried. Time: 8:35 p.m. ATTEST: C 0 AP ROVED: CHAI Ch REGULAR MEETING SEPTEMBER 8, 1969 REPORT FROM THE ORDINANCE COMMITTEE To the Common Council of -the City of South Bend: Your Committee, the Ordinance Committee to whom was referred "AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA - 1962, SECTION 40, AS AMENDED, AND GENERAL ORDINANCE NO. 4990 -68, AND THE ACCOMPANYING MAP THERETO, GENERALLY KNOWN AS THE SOUTH BEND ZONING ORDINANCE BY CHANGING THE CLASSIFICATION OF THE USE DISTRICT FOR A CERTAIN PARCEL OF LAND. (Location: 3516 East Jefferson Blvd.) Petitioners: Thomas Hickey and Virginia B. Hickey, Frank Brazeau and Delores Brazeau. Atty: Alex Cholis Respectfully report that they have examined the matter and that in their opinion: The Committee advises the Council that in order to accomodate the zoning of a funeral home and to allow a "B" Residential District zone classification to prevail in the 3500 block of East Jefferson, a special Use variance by the Board of Zoning Appeals will be required. This is necessary because the actual classification for a funeral home is in the "C" category, not "B" category. The committee further requests the Ordinance be set for Public Hearing on September 22, 1969. /s/ Robert O. Laven The report was accepted as read and placed on file. Chairman Each Councilman was to,be sent a copy of the above report by the Clerk. REPORT FROM THE ANNEXATION COMMITTEE To the Common Council of the City of South Bend: Your Committee, The Annexation Committee to whom was referred, "A PETITION FOR ANNEXATION OF CERTAIN LANDS BETWEEN GRANT & EWING STREETS, APPROXIMATELY 1100 FEET FROM THE PRESENT CITY LIMITS OF THE CITY OF SOUTH BEND, INDIANA." (Midwest Turnkey) Respectfully report that they have examined the matter and that in their opinion, The Annexation to the City of the above parcel of land is in the best interests of the City and that the Ordinance should be introduced and set for Public Hearing in due course. The report was accepted as read and placed on file. /s/ Robert 0. Laven Chairman The Clerk was instructed to send a copy of this report to each Councilman. ORDINANCES, THIRD READING ORDINANCE NO. 5100 -69 AN ORDINANCE TO PROVIDE FOR THE INDEMNI- FICATION OF POLICE OFFICERS. The Ordinance was given third reading and passed by a roll call vote of 8 ayes, (Councilmen Craven, Grounds, Szymkowiak, Zielinski, Reinke, Laven, Allen and Wise)Councilmen Allen voted aye with reservations and remarked "It is against my better judgement. There should be caution exercised. The City is left wide open." Councilman Wise voted aye and said "I'm in the same corner." 0 nays, 1 absent, (Councilman Palmer). ORDINANCES, FIRST AND SECOND READING ORDINANCE NO. 5101 -69 AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING THE MAKING OF A TEMPORARY LOAN FOR THE GENERAL FUND AND THE ISSUANCE AND SALE OF WARRANTS OF THE CITY FOR SUCH PURPOSE. The Ordinance was given first reading by title and second reading in full. Councilman Allen made a motion for suspension of rules. Councilman Reinke seconded the motion. Motion carried. This being the time for public hearing on the above Ordinance, proponents and opponents were given an opportunity to be heard thereon. Chief Deputy of the City Controller's Office, Mr. James Borror, explained it was needed for operating expenses as the tax money will not be received until the end of the year. Councilman Wise made a motion that the Ordinance go to the Council as favorable. Councilman Szymkowiak seconded the motion. Motion carried. The Ordinance was given third reading and passed by a roll call vote of 8 ayes, (Councilman Laven, Allen, Craven, Wise, Reinke, Grounds, Zielinski, Szymkowiak) 0 nays, 1 absent, (Councilman Palmer). ORDINANCES, FIRST AND SECOND READING ORDINANCE AN ORDINANCE SUPPLEIENTING CHAPTER 25, ARTICLE III, DIVISION 2, SECTION 25 -60, ORDINANCES NO. 3879, 4289 and 4494, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, PROVIDING CHARGES FOR PARKING METER BAGS. 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 September 22, 1969. Councilman Zielinski seconded the motion. Motion carried. 36 REGULAR MEETING SEPTEMBER 8, 1969 ORDINANCES, FIRST AND SECOND READING ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION TO ACCOUNT Q -221, "ELECTRIC CURRENT" IN THE AMOUNT OF $1,000.00 AND THE TRANSFER OF SAID SUM FROM ACCOUNT Q -11, "SERVICES PERSONAL" AND FOR AN ADDITIONAL APPROPRIATION TO ACCOUNT Q -222, "GAS ", IN THE AMOUNT OF $400.00 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 first reading by title and second reading in full. Councilman Grounds made a motion that the Ordinance be set for public hearing September 22, 1969, Councilman Szymkowiak seconded the motion. Motion carried. ORDINANCES, FIRST AND SECOND READING ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION FROM THE GENERAL FUND IN THE AMOUNT OF $25,000.00 TO ACCOUNT XX -252, "REPAIRS OF EQUIPMENT" IN THE SANITATION DEPARTMENT BUDGET. The Ordinance was given first reading by made a motion that the Ordinance be set seconded the motion. Motion carried. ORDINANCES, FIRST AND SECOND READING ORDINANCE title and second reading in full. Councilman Zielinski for public hearing September 22, 1969. Councilman Wise AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION FROM THE GENERAL FUND IN THE AMOUNT OF $900.00 TO ACCOUNT C -212, "POSTAGE" IN THE OFFICE OF THE CITY CLERK. 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 September 22, 1969. Councilman Zielinski seconded the motion. Motion carried. RESOLUTION RESOLUTION N0. 220 -69 A RESOLUTION FOR AN ADDITIONAL APPROPRIATION IN ACCOUNT K -214, "TELEPHONE AND TELEGRAPH" OF THE MORRIS CIVIC AUDITORIUM, IN THE AMOUNT OF $500.00 AND THE TRANSFER OF SAME FROM ACCOUNT K -251, "REPAIRS OF BUILDING AND STRUCTURE ", ALL IN THE SAME CATEGORY AND WITHIN THE GENERAL FUND. A public hearing was held at this time on the Resolution. Speaking in favor of the resolution was Chief Deputy Controller James Borror. He said four months of bills from 1968 were paid from this year's budget, thus leaving the account insufficient for the remainder of the year. Mr. Roman J. Kowalski, 802 Birchwood St. said the Morris auditorium operation cannot compete with other cultural centers such as the Univ. of Notre Dame and suggested the building be torn down. Councilman Grounds asked if it is a practice to hold four -month bills. Mr. Borror answered "No ". Councilman Grounds made a motion that the Resolution be adopted. Councilman Reinke seconded the motion. Motion carried. The resolution was adopted by a roll call vote of 8 ayes, (Councilmen Laven, Craven, Allen, Grounds, Reinke, Wise, Zielinski and Szymkowiak) 0 nays, l absent, (Councilman Palmer) RESOLUTION NO. 220 -69 * 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 appropri- ated in the annual budget for the various functions of City Government to meet such extraordinary contingencies; and WHEREAS, additional funds are needed to pay for telephone service, and WHEREAS; a surplus exists in another account where it is not presently needed; and more specifically as follows, to -wit; $500.00 in Account K -251, "Repairs to Building and Structure." NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, that the sum of $500.00 be transferred from Account K -251 designated as "Repairs to Building and Structure" to Account K -2141 "Telephone and Telegraph ", both of said accounts being in the same category "Services Contractual:, and being within the General Fund. ,s/ Gerald C. Reinke Member of the Common Council REGULAR MEETING SEPTEMBER 8, 1969 RESOLUTION RESOLUTION NO. 221 -69 RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: ENDORSE1ENT OF AN APPLICATION TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPIVIENT'TO PARTICIPATE IN OPERATION BREAKTHROUGH. WHEREAS, the Department of Housing and Urban Development has determined that a need exists for the construction of 26,000,000 new housing units nationally over the next ten (10) years and, WHEREAS, the present rates of construction will fall short of this goal by some ten million units during this same ten (10) year period, and WHEREAS, the following factors contribute to the present inability to meet the current and projected goal: Limited availability and high cost of land, labor, money and materials Obsolete housing and building codes Zoning and restrictive land use patterns Housing production capability WHEREAS, the need for innovative and modern approaches are necessary in the construc- tion field if existing and future housing demands are to be met. NOW, THEREFORE BE IT RESOLVED, that the Common Council of the City of South Bend, Indiana, hereby endorses the application to the Department of Housing and Urban Development to participate in OPERATION BREAKTHROUGH. BE IT FURTHER RESOLVED, that the Common Council of the City of South Bend, Indiana, will cooperate fully with the Department of Housing and Urban Development and the State of Indiana particularly relative to the relaxing of any and all restrictive housing and building codes and zoning and land use restrictions in order to accomplish the objectives of the OPERATION BREAKTHROUGH program. Adopted this 8th day of September , 1969. /s/ Gerald C. Reinke A Member of the Common Council of the City of South Bend, Indiana A public hearing was held at this time on the resolution. Mr. John K. Wilson, Executive Director of the Area Plan Commission explained the resolution. He said the application is being prepared by the Area Plan Commission at the request of Mayor Lloyd Allen. The deadline for submission to the U. S. Department of Housing and Urban Development (HUD) is September 19, 1969. He explained that approximately 25 acres of the St. Joseph County Home land on Portage Road is being offered as the site for the demonstration housing with the co- operation of the County. HUD would select several housing designs and a variety of housing would be constructed on the sites chosen. The resolution commits the City to co- operate fully with HUD and the state to relax any and all restrictive housing and building codes and zoning and land use restrictions to accomplish the HUD objective. Councilman Craven objected to the "relaxing all codes and restrictions." Councilman Allen said "a resolution so enormous should be submitted to the Council in more detail with an explanation of the application.' Mr. Wilson answered various other questions from the Councilmen. Councilman Grounds made a motion that the resolution be adopted. Councilman Reinke seconded the motion. Motion carried. The resolution was adopted by a roll call vote of 8 ayes, (Councilmen Allen, Zielinski, Wise, Szymkowiak, Laven, Grounds, Reinke and Craven), 0 nays, 1 absent, (Councilman Palmer) INI Council - President Laven complimented the Common Council on their action at the last meeting for acting responsibly and doing a good job of chopping off $700,000.00 on the City Budget. NEW BUSINESS Council- President Laven announced the appointment of an Ordinance Committee to study the Trash Burning Ordinance. Those appointed were: Co- Chairmen Szymkowiak and Craven. Others are: Councilmen Zielinski, Allen. He asked that the committee study the matter in detail with the Fire,and Police Department offi- cials, City Engineer and City Attorney. The first meeting called is Monday evening, 7:00 p.m., September 15, 1969. 238 NEW BUSINESS (Cont'd.) Councilman Grounds reported a complaint from a constituent whose property valuation has been increased 250% by reassessment officials. The reason for the increase was due to the fact that the street now is paved, the constituent was told. Councilman Grounds said the street is not an improved street and recommend3that the County be advised of this situation. In reply to Councilman Allen's question concerning a City tax on disposable containers, City Attorney Crumpacker replied that the City cannot impose a tax except when adopted by the State statutes. IThere being no further business to come before the Council, Councilman Grounds made a motion I to adjourn. Councilman Reinke seconded the motion. Motion carried. Time 9:55 p.m. II ATTEST: CITY APPROVED: PRESIDENT 'I * * * * * * * * * * * * * * -* * * * * * * * * * * * * * * * * *