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HomeMy WebLinkAbout08-10-70 Council Meeting MinutesREGULAR MEETING_- RECONVENED Be it remembered that the Common Council of the City of South Bend, Indiana, reconvened in the Council Chambers in the County -City Building on Monday, August 10, 1970, at 8:37 p.m. all members present. The meeting was called to order by Council- President Robert 0. Laven, who presided. REPORT FROM COMMITTEE ON MINUTES The report from the Committee on Minutes will be reviewed at the meeting of August 24, 1970. CITIZENS REQUESTS - MISCELLANEOUS MATTERS Miss Virginia Guthrie, executive secretary of the Civic Planning Association asked members of the Council to continue their serious study of the proposed civil city budget between now and the public hearings on August 31, 1970. Councilman Laven announced that under the chairmanship of Councilman Craven, the Council finance committee will meet with the Civic Planning Associa- tion for an informal budget study, on Monday, August 17, 1970. He said the Council is making every effort to be reasonable in the review of the budget. Mr. Aaron Rainwater of Crown Point, Indiana, and field representative for the Northern Indiana Service Station Association, asked the Council to take immediate steps to see that the City Sign Ordinance (Ord. #4303 -60) is enforced and to amend the ordinance to provide :for fines when signs do not comply with the ordinance. He presented a petition to the Clerk asking for immediat action on enforcing the sign ordinance. He said his group wants to eliminate "junk cars" from the areas around filling stations and is conducting an effort to do,away with "stamps, games, and gimmicks" in gasoline merchandise and he also promised to be in attendance at the next meeting to see what action the Council has taken on the problem. Several residents from the 900 and 1000 block of Evergreen Lane asked that the Council help in obtaining repairs to their street. They said they had not been given any results from the Street or Engineering Departments. The matter was referred to the City's engineering department for a determination if the street is classed as an "improved street" and eligible for city maintenance. Council- President Robert 0. Laven appointed Councilman Zielinski, in whose district the street is located, to work with the engineering and street departments and the residents in an effort to resolve the problem. Mr. Wells, of the City's Engineering department, spoke on behalf of City Engineer Lloyd Taylor, assuring the Councilmen that the matter would be investigat __ COMMITTEE OF THE WHOLE MEETING AUGUST 10, 1970 ORDINANCE Cont'd. - Edison Rd. & South Bend Avenue, Notre Dame the revised legal description, with the striking out of the original legal description submitted. Councilman Reinke seconded the motion. Motion carried. The amended legal description is as follows: "A tract of land located in the Northwest 1/4 of Section 6, Township 37 North, Range 3 East and also in the Northeast 1/4 of Section 6, Town- ship 37 North, Range 3 East, City of South Bend, Indiana, more partic- ularly described as follows: Beginning at the intersection of the centerline of Ivy Road with the Northerly line of Indiana Highway #23; thence South 53 degrees 16 minutes 30 seconds West along said Northerly line of Indiana Highway #23, 238.53 feet, more or less to the West line of said Northeast 1/4 of Section 6; thence continuing Southwesterly along said Northerly line of Indiana Highway #23, 68.45 feet thence North 36 degrees 43 minutes 30 seconds West 115.25 feet to the point of curvature of a curve with a deflection angle of 36 degrees 43 minutes 30 seconds to the right and a radius of 411.90 feet; thence Northwesterly along said curve an arc distance of 60.21 feet to the City of South Bend City Limits; thence North 53 degrees 16 minutes 30 seconds East along said City Limits line, 194.81 feet to the West line of said Northeast 1/4 of Section 6; thence continuing Northeasterly along said City Limits line 238 feet, more or less to the centerline of Ivy Road; thence Southerly along said centerline of Ivy Road, 217 feet more or less to the place of beginning, containing 1.4939 acres more," Councilman Allen made a motion that the ordinance be sent to the Area Plan Commission for approval of the amendment. Councilman Wise seconded the motion. Motion carried. Councilman Reinke made a motion the ordinance go to the Council favorable as amended. Councilman Wise seconded the motion. Motion carried. There being no further business to be considered before the Committee of the Whole, Chairman Grounds entertained a motion to rise and report to the Council. Councilman Reinke so moved, seconded by Councilman Allen. Motion carried. Time: 8:35 p.m. ATTEST: REGULAR MEETING - RECONVENED APPROVED: CHAI Be it remembered that the Common Council of the City of South Bend, Indiana, reconvened in the Council Chambers in the County -City Building on Monday, August 10, 1970, at 8:37 p.m. all members present. The meeting was called to order by Council - President Robert 0. Laven, who presided. REPORT FROM COMMITTEE ON MINUTES The report from the Committee on Minutes will be reviewed at the meeting of August 24, 1970. CITIZENS REQUESTS - MISCELLANEOUS MATTERS Miss Virginia Guthrie, executive secretary of the Civic Planning Association asked members of the Council to continue their serious study of the proposed civil city budget between now and the public hearings on August 31, 1970. Councilman Laven announced that under the chairmanship of Councilman Craven, the Council finance committee will meet with the Civic Planning Associa- tion for an informal budget study, on Monday, August 17, 1970. He said the Council is making every effort to be reasonable in the review of the budget. Mr. Aaron Rainwater of Crown Point, Indiana, and field representative for the Northern Indiana Service Station Association, asked the Council to take immediate steps to see that the City Sign Ordinance (Ord. #4303 -60) is enforced and to amend the ordinance to provide for fines when signs do not comply with the ordinance. He presented a petition to the Clerk asking for immediate, action on enforcing the sign ordinance. He said his group wants to eliminate "junk cars" from the areas around filling stations and is conducting an effort to do away with "stamps, games, and gimmicks" in gasoline merchandise and he also promised to be in attendance at the next meeting to see what action the Council has taken on the problem. Several residents from the 900 and 1000 block of Evergreen Lane asked that the Council help in obtaining repairs to their street. They said they had not been given any results from the Street or Engineering Departments. The matter was referred to the City's engineering department for a determination if the street is classed as an "improved street" and eligible for city maintenance. Council- President Robert 0. Laven appointed Councilman Zielinski, in whose district the street is located, to work with the engineering and street departments and the residents in an effort to resolve the problem. Mr. Wells, of the City's Engineering department, spoke on behalf of City Engineer Lloyd Taylor, assuring the Councilmen that the matter would be investigat tAE AUGUST 10, 1970 REGULAR MEETING COMMITTEE OF THE WHOLE REPORT Council President Laven entertained Reports. Councilman. Allen so moved. iunanimously. ORDINANCES, THIRD READING (ORDINANCE NO. 5221 -70 a motion to waive the reading of the Committee of the Whole Councilman Zielinski seconded the motion. Motion carried AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, IDENTIFIED AS ORDINANCE NO 4990, ORDINANCE NO. 3702, AS AMENDED, TO THE EXTENT IT IS STILL EFFECTIVE, AND THE MUNICIPAL CODE OF SOUTH BEND, INDIANA, SECTIONS 40 -1 TO SECTIONS 40 -43, AS AMENDED, TO THE EXTENT IT IS STILL EFFECTIVE. (Intersection of Mayflower and Sample Streets, 5323 W. Sample St.) The ordinance was given third reading. CouncilmanZielinski made a motion for passage of the ordinance. Councilman Grounds seconded the motion. There being no discussion on the motion, the ordinance was passed by a roll call vote of 8 ayes, (Councilmen Laven, Allen, Reinke, Craven, Grounds, Wise, Palmer and Zielinski) 1 nay (Councilman Szymkowiak) 0 absent. (ORDINANCE NO. 5222 -70 AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE 4990 - CHAPTER 40 OF MUNICIPAL CODE (FORMERLY ZONING ORDINANCE 3702) AS AMENDED. (Edison & South Bend Avenue, Notre Dame) The ordinance was given third reading. Councilman Allen made a motion for adoption of the amendment. Councilman Zielinski seconded the motion. Motion carried. Councilman Reinke made a motion for passage of the ordinance as amended. Councilman Wise seconded the motion. There being no discussion on the motion, the ordinance was passed by a roll call vote of 9 ayes. Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Wise, Palmer and Zielinski) 0 nays, 10 absent. II ORDINANCES, FIRST AND SECOND READING II ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $4,000.00 FROM ACCOUNT Q -11, "SERVICES PERSONAL", TO ACCOUNT Q -43, "REPAIR PARTS ", IN THE FIRE DEPARTMENT BUDGET, ALL BEING WITHIN THE GENERAL FUND. The Ordinance was given first reading by title and second reading in full. Councilman Grounds made a motion a public hearing be held on the ordinance on August 24, 1970. Councilman Palmer seconded the motion. Motion carried. 9 ayes, 0 nays, 0 absent. ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $22,000.00 FROM THE GENERAL FUND TO ACCOUNT U -214, "TELEPHONE AND TELEGRAPH" IN THE AMOUNT OF $7,000.00,TO ACCOUNT U -252, "REPAIR OF EQUIPMENT" IN THE AMOUNT OF $10,000.00 AND TO ACCOUNT U -324, "OTHER-GARAGE AND MOTOR SUPPLIES" IN THE AMOUNT OF $5,000.00, ALL BEING WITHIN THE GENERAL FUND. The Ordinance was given first reading by title and second reading in full. Councilman Grounds made a motion a public hearing be held on the ordinance on August 24, 1970. Councilman Zielinski seconded the motion. Motion carried. 9 ayes, 0 nays, 0 absent. ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WASTEWATER TREATMENT PLANT OF SOUTH BEND, INDIANA AND E. L. ZIMMERMAN CO., INC. OF MISHAWAKA, INDIANA, FOR FURNISHING AND INSTAL- LING PIPING, VALVES, ETC., FOR SLUDGE DRAW -OFF DIGESTER NO. 3, IN THE AMOUNT OF $16, 405.00. The Ordinance was given first reading by title and second reading in full. Councilman Zielinski made a motion a public hearing be held on the ordinance on August 24, 1970. Councilman Craven seconded the motion. Motion carried. 9 ayes, ,O nays, 0 absent. REGULAR MEETING AUGUST 10, 1970 RESOLUTIONS RESOLUTION NO. 244 -70 A RESOLUTION AMENDING RESOLUTION NO. 240 -70 ADOPTED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, JUNE 22, 1970, AUTHORIZING FILING OF APPLICATION WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR GRANT TO ACQUIRE OPEN - SPACE. WHEREAS, on June 22, 1970, the Common Council of the City of South Bend, Indiana, adopted a Resolution known as Resolution No. 240 -70 authorizing filing of application with the Department of Housing and Urban Development for grant to acquire open- space; and WHEREAS, there was omitted therefrom a certain paragraph which was intended to be included therein. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana that Resolution No. 240 -70 be and it is hereby amended by adding at the end thereof, a new paragraph and numbered (7) reading as follows: of 7. That the United States of America and the Secretary of Housing and Urban Develop- ment be, and they hereby are, assured of full compliance by the Applicant with the Federal labor standards imposed under Title VII of the Housing Act of 1961, as amended." THIS RESOLUTION ADOPTED by the Common Council of the Civil City of South Bend, Indiana, this 10th day of August, 1970. /s/ Gerald C. Reinke Member of the Common Council ATTEST: /s/ Kathryn L. Blough City Clerk A public hearing on the resolution was held at this time. City Attorney S. J. Crumpacker explained that this resolution pertained to the open -space program for the Park Department for the Model Cities area. He said the Federal office insisted that the city add this provision to the application before it can be processed further. He said he had no objection to the addition. He stated that this paragraph pledged compliance with federal labor standards which officials in the Department of Housing and Urban Development are requiring. Councilman Zielinski made a motion for the adoption of the resolution. Councilman Wise seconded the motion. Motion carried. 9 ayes, (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Wise, Palmer and Zielinski) 0 nays. 0 absent RESOLUTION - SET FOR PUBLIC HEARING AUGUST 24, 1970 A RESOLUTION URGING THE IMPLEMENTATION OF A PLAN FOR REFUSE REMOVAL AND DISPOSAL IN THE CITY OF SOUTH BEND. WHEREAS, the Indiana General Assembly, in its 1965 Session, adopted what is known as the "Refuse Disposal Act" which provides a means for the collection and disposal of all forms of refuse and for the financing of such service through user charges; and WHEREAS, the impending enactment by the St. Joseph County Commissioners of an anti polution ordinance will eliminate the burning of much refuse now being burned and create the need for hauling away a considerably greater volume of same than is now being done; and WHEREAS, Section 30 of said "Refuse Disposal Act ", as amended, Section 27 of Chapter 359 of the Acts of 1969 prohibits the disposal of refuse in any manner other than as approved by the Indiana State Board of Health on or after January 1, 1971; and WHEREAS, the City of South Bend now collects and disposes only garbage and no other form of refuse, NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana: 1. That it favors the implementation of the Refuse Disposal Act in the City of South Bend by the enlargement of the present garbage pick -up and disposal service to include all forms of refuse and the financing of the entire cost of such enlarged operation through user charges rather than through tax assessments as at present. REGULAR MEETING AUGUST 10, 1970 RESOLUTION - for REFUSE REMOVAL AND DISPOSAL, Cont'd. 2. That the Board of Public Works and Safety is hereby urged to proceed immediately with all steps necessary to put such a program into operation on January 1, 1971. /s/ Robert 0. Laven Member of the Common Council ATTEST: /s/ Kathryn L. Blough City Clerk Councilman Allen made a motion, seconded by Councilman Reinke, that the public hearing on this resolution be held on August 24, 1970. Motion carried. 9 ayes, 0 nay% 0 absent. RESOLUTION NO. 245 -70 A RESOLUTION REQUESTING THE UNITED STATES SECRETARY OF HEALTH, EDUCATION AND WELFARE AND THE FEDERAL COMMISSIONER FOR AIR POLLUTION TO PUBLICLY AND NATIONALLY DENOUNCE THE 1968 NATIONAL POLLUTION CONTROL ADMINISTRATOR'S REPORT AS IT PERTAINS TO THE CITY OF SOUTH BEND, INDIANA. WHEREAS; the National Pollution Control Administration of the United States Department of Health, Education and Welfare in 1968 reported South Bend as ranking high in the particulate air pollution count; WHEREAS; it has been discovered that the National Pollution Control Administration based their 1968 report on very poor evidence, since only one monitoring station was checked and that monitor indicated a very unusual deviation from other yearly reviews; WHEREAS; the air sample takers negligently ignored the unusual deviation factor which resulted in the erroneous report that South Bend is a highly polluted city; WHEREAS; the facts are that the concerned air pollution monitor was located on our South Bend Public Library near a very substantial construction program - i.e. the demolition of the First Baptist Church across the street is only one example; WHEREAS; a nation -wide report of the National Pollution Control Administration findings was recently published designating South Bend as the 12th highest visibly dirty air city in the country. This publication of erroneous facts, through national news media, has greatly harmed the national image of our community which is working extremely hard to promote high quality residential and industrial conditions which might be ranked as the best in our nation; WHEREAS; the Federal Commissioner for Air Pollution Control, Mr. John Middleton, informed Mr. John Brademas, our Third District Congressman, that the comparisons of individual communities on the basis of particulate matter is unwarranted and the description of South Bend as twelfth dirtiest in the United States in illegitimate and inaccurate. Mr. Middleton's statement does help to negate the bad publicity here in our local community, but not nationally; WHEREAS; our national image is extremely important to promote confidence locally and to attract industries to what we consider a very desirable community; WHEREAS; the only way to repair this very serious inequity to our community is to request that the National Pollution Control. Administration, of the United States Department of Health, Education and Welfare, by use of the same national media publicly recognize the negligent circumstances surrounding the publication. We, therefore, resolve: Section 1. The Common Council of the City of South Bend does hereby respectfully request the Secretary of Health, Education and Welfare, Mr. Elliot Richardson, see that efforts of the Federal Commissioner for Air Pollution, Mr. John Middleton, be directed in such a way as to publicly acknowledge that the news release listing South Bend as one of the highly polluted areas in our country is unquestionably in error. It is also requested, that such denunciation of the National Pollution Control Administration statement in order to be fair and equitible to the residents of North Central Indiana, be published among the same media on a national scale as was used to announce the listing of air - polluted cities. Section 2. That Congressman John Brademas and his staff make certain that the concerne retraction be made public as requested in Section 1 of this Resolution and report the results of their efforts to the South Bend City Council in the near future. Section 3. This Resolution shall take effect immediately. /s/ William W. Grounds Member of the Common Council Adopted by the Common Council of the City of South Bend, St. Joseph County, Indiana, this 10th day of August, 1970. /s/ Robert O. Laven President of the Common Council Presented by me to the Mayor of South Bend, Indiana, this 11th day of August, 1970. /s/ Kathryn L. Blough Kathryn L. Blough, City Clerk Approved and signed by me this 11th day of August, 1970. REGULAR MEETING AUGUST 10, 1970 RESOLUTION NO. 245 -70 Cont'd. A public hearing was held on the Resolution at this time. Councilman Grounds, who introduced the resolution, spoke on behalf of the adoption of the resolution. He stated that he believed the Dept. of HEW should retract the report nationally because of the national image it has created of South Bend throughout the country. He made a motion that a copy of the resolution be sent to Mr. Elliot Richardson, Secretary, Department of Health, Education & Welfare; Mr. John Middleton, Federal Commissioner, National Pollution Control Administration, and Mr. John Brademas, Congress of the United States, House of Representatives, Washington, D. C., The motion was seconded by Council- President Laven. Motion carried. 9 ayes, 0 nays, 0 absent. Councilman Grounds made a motion, seconded by Councilman Wise, that the resolution be adopted. Motion carried. 9 ayes, (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Wise., Palmer and Zielinski) 0 nays, 0 absent. RESOLUTION NO. 246 -70 A RESOLUTION APPOINTING A DIRECTOR TO THE SOUTH BEND TRANSPORTATION CORPORATION,AS AMENDED. WHEREAS, under the provisions of Ordinance No. 4926 - 67 of the City of South Bend, Indiana, passed by the Common Council on the 12th day of June, 1967 and signed by the Mayor on the 13th day of June, 1967, and pursuant to the authority contained in the Acts of the Indiana General Assembly for 1965, Chapter 337, Section 12, Page 994, it is the duty of the Common Council to appointthree residents of the City of South Bend to the Board of Directors of the South Bend Transportation Corporation. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: that Stephen C. Lobdell, a resident of the City of South Bend, is hereby appointed as a Director of the South Bend Transportation Corporation by the Common Council of the City of South Bend, for a term of four (4) years, commencing July 3, 1970. /s/ Robert 0. Laven Member of the Common Council A public hearing was held at this time on the resolution. Council- President Laven announced that this was the procedure the Council adopts in appointing directors to the Transportation Corpora- tion. He said this was a reappointment. Mr. Lobdell is now serving as Chairman. This is one of four appointees alloted to the Common Council for this committee. Councilman Reinke made a motion to amend the resolution by striking the number three (3) residents and substituting the number four (4)residenis.Councilman Zielinski seconded the m tion. Motion carried. Councilman Allen made a motion for adoption of the resolutions MuncRiban Zielinski seconded the motion. Motion carried. 9 ayes, (Councilman Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Wise, Palmer and Zielinski) 0 nays, 0 absent. There being no further business to come before the Council, Councilman Reinke made a motion, seconded by Councilman Zielinski, that the meeting be adjourned. Motion carried. Time 9:35 p.m. ATTEST: ' :.lw ire i APPROVED: IDENT