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HomeMy WebLinkAbout10-13-70 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 Tuesday, October 13, 1970 at 9: 20 p.m. The meeting was called to order by Council- President Robert 0. Laven, who presided. REPORTS OF THE COMMITTEE OF THE WHOLE The Reports from the Committee of the Whole are listed on page 448. REPORT FROM 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 the September 28, 1970 meeting of the Council and found them correct. They therefore recommend that the same be approved. /s/ Robert 0. Laven /S7 Janet S. Allen Zs/ Albert E. Palmer There being no objections, the report was accepted as read and placed on file. CITIZENS REQUESTS - MISCELLANEOUS MATTERS Mrs. Kathryn L. Blough, City Clerk, distributed brochures to those attending the Council meeting and to each Councilman. These papers carried pictures of the Councilmen, listed the members of various Council committees and a map of the Councilmanic Districts. She stated that she hoped the brochures would better acquaint the citizens with the persons who represent the people in their city government. Mrs. James 0. Root, 2004 Walnut Street, presented a petition that seeks to have the street paved and also presented to the Clerk several letters solicited from trucking firms supporting the paving of Walnut Street. Many of the residents from Walnut Street attended the Council meeting. Mrs. Root said that the residents had received a letter from the Engineering Department today but hardly had time to discuss the proposal before the Council meeting. Mrs. Lee E. Swan, 2022 S. Swygart Street, spoke in support of the Walnut Street residents. REGULAR MEETING OCTOBER 13, 1970 REPORT FROM THE CITY CONTROLLER The report of the City Controller, James A. Bickel, for the month of August, 1970, was submitted to the Council, each Councilman having received a copy of the report prior to the meeting. There being no objections, the report was accepted and placed on file. IIREPORTS FROM THE COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: October 13, 1970 Your Committee of the Whole to whom was referred "AN ORDINANCE TO APPROPRIATE $22,819.47 FROM THE LOCAL ROAD AND STREET FUND TO THE ACCOUNT "SERVICES CONTRACTUAL ", BEING WITHIN THE LOCAL ROAD AND STREET FUND ", respectfully report that they have examined the matter and that in their opinion the Ordinance: be held in abeyance with a continuance of the public hearing on October 26, 1970, and that a companion ordinance, which appropriates these monies to the various accounts from which they were expended, be drawn up by the City Attorney and City Controller and said ordinance be presented to the Council at the October 26th meeting. /s/ William W. Grounds Chairman IIREPORTS FROM THE COMMITTEE OF THE WHOLE IITo the Common Council of the City of South Bend: October 13, 1970 Your Committee of the Whole to whom was referred "AN ORDINANCE CREATING A DEPARTMENT OF ECONOMIC DEVELOPMENT TO PROVIDE FOR INDUSTRIAL EXPANSION." respectfully report that they have examined the matter and that in their opinion the Ordinance be returned to the Ordinance Committee for further study and the public hearing be continued, with the recommendation that the Ordinance Committee hold an informal public hearing on the ordinance and report back to the Council on or before lNovember 9, 1970. Councilman Laven recommended that members of the Chamber of Commerce be present at the informal public hearing. /s/ William W. Grounds Chairman IIREPORTS FROM THE COMMITTEE OF THE WHOLE IITo the Common Council of the :City of South Bend: October 13, 1970 Your Committee of the Whole to whom was referred "AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (Chapter Municipal Code), (Northwest of Intersection of South Bend Avenue and Edison Road)" (Adjacent to and part of Turtle Creek Apartment Complex) respectfully report that they have examined the matter and that in their opinion the Ordinance go to the Council favorable as amended. IIORDINANCES, THIRD READING IIORDINANCE NO. 5236 -70 /s /. William W. Grounds Chairman AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, (Chapter 40, Municipal Code), AS AMENDED. (Northwest of Intersention of South Bend Ave. & Edison Road, Adjacent to and part of Turtle Creek Apartment Complex) EN The ordinance was given third reading. Councilman Allen made a motion for passage of the amendment Councilman Zielienski seconded the motion. Motion carried 8 ayes (Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Palmer, and Zielinski) 0 nays, 1 absent (Councilman Wise). Council- man Grounds made a motion, seconded by Councilman Palmer,that the ordinance be passed as amended. Motion carried. 8 ayes (Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Palmer and Zielinski) 0 nays, 1 absent (Councilman Wise). ES, FIRST AND SECOND READING II ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $4,375.00 FROM ACCOUNT Q -11, "SERVICES PERSONAL ", TO ACCOUNT Q -724, "RADIO EQUIPMENT ", 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, seconded by Councilman Palmer, that the ordinance be set for Public hearing on October 26, 1970. Motion carried. 8 ayes (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Palmer and Zielinski) 0 nays, 1 absent (Councilman Wise). REGULAR MEETING OCTOBER 13, 1970 ORDINANCES, FIRST AND SECOND READING CONT'D ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $900.00 FROM ACCOUNT Q -11, "SERVICES PERSONAL ", TO ACCOUNT Q -221, "ELECTRIC CURRENT ", IN THE FIRE DEPARTMENT BUDGET, ALL BEING WITHIN THE GENERAL FUND. M The ordinance was given first reading by title and second reading in full. Councilman Zielinski made a motion, seconded by Councilman Craven, that the ordinance be set for Public hearing on October 26, 1970. Motion carried. 8 ayes (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Palmer and Zielinski) 0 nays, 1 absent (Councilman Wise). ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $8,000.00 FROM ACCOUNT Q -11 "SERVICES PERSONAL" TO ACCOUNT Q- 726, "OTHER EQUIPMENT ", 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, seconded by Councilman Zielinski, that the ordinance be set for Public hearing on October 26, 1970. Motion carried. 8 ayes (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Palmer and Zielinski) 0 nays, 1 absent (Councilman Wise). ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 1040, CHAPTER 26, SECTION 26 -13, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, PERTAINING TO LOITERING. The ordinance was not given first and second reading. Councilman Laven said this type of matter, to be properly handled, should be submitted as a resolution. Councilman Laven entertair a motion to omit this item ( #14) from the agenda. Councilman Craven so moved. Councilman Zielinski seconded the motion. Motion carried.8 ayes, (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Palmer and Zielinski) 0 nays, 1 absent (Councilman Wise). A motion to amend Councilman Craven's motion was made by Councilman Allen as follows: item #14 be omitted from the agenda and a resolution be submitted at the next meeting of the Council on October 26, 1970. Councilman Craven seconded the motion. Motion carried 8 ayes (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Palmer and Zielinski) 0 nays, 1 absent (Councilmen Wise). RESOLUTIONS RESOLUTION NO. 248 -70 A RESOLUTION FOR TRANSFER OF FUNDS IN THE GENERAL PARK FUND - $11,500.00. ALL TRANS- FERS ARE BEING MADE IN THE SAME BUDGET CLASSIFICATIONS WITHIN THE PARK GENERAL FUND. WHEREAS, certain extraordinary conditions have developed since the adoption of the existing annual budget so that it is now necessary to transfer money from one account to another in the same category in the annual budget for various functions of the Department of Public Parks to meet such extraordinary emergencies and WHEREAS, it has been ascertained that certain accounts in the Park General Fund have more money than is needed at this time NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend: Section 1. That the following accounts be reduced in the amounts set opposite said account to -suit: Acct. No. 264 374 726 Section 2. account to -wit: Classification Item Services Contractual Paving Supplies Other Supplies, General Properties Other Equipment That the following accounts be increased in the amounts Amount $5,000.00 3,500.00 3,000.00 $11,500.00 set opposite said 252 Services Contractual Repairs to Equipment $3,000.00 261 Services Contractual Other Contractual Services 2,000.00 321 Supplies Gasoline 2,000.00 372 Supplies Zoo Feed 1,500.00 722 Properties Motor Equipment 3 000.00 $Tt11tVU.UU That the transfer of funds as set forth in Sections 1 and 2 are required for the proper and efficient operation and function of the Department of Public Parks of South Bend and an 4-50 REGULAR MEETING OCTOBER 13, 1970 RESOLUTION NO. 248 -70 Cont' d. lextraordinary emergency is declared to exist concerning the foregoing transfer. This resolution shall be in full force and effect from and after its passage by the Common Council of the City of South Bend. /s/ Fredrick D. Craven Member of the Common Council �jAdopted: October 13, 1970 A public hearing was held at this time on the above resolution. Mr. James Seitz, Acting Super- intendent of the South Bend Park Department explained that the $11,500 covers the repair of a circulating pump at the Natatorium swimming pool, a heating system in a Potawatomi Park display barn under construction, $3,000 for the purchase of equipment, $2,000 for gasoline and $1,500 for Zoo feed, the last three amounts being included in the total, $11,500.00. In response to Council- man Allen's inquiry concerning the City paving parking lots at Potawatomi Zoo, Mr. Seitz said the Park Department purchased the supplies and the Street Department did the labor. He also said the Park Department did the landscaping around the new Municipal Garage. Councilman Szymkowiak made a motion for the adoption of the resolution. Councilman Craven seconded the motion. Motion carried. 8 ayes (Councilmen Laven, Allen, Reinke, Craven, Szymkowiak, Grounds, Palmer and Zielinski 0 nays, 1 absent (Councilman Wise) IIRESOLUTION NO. 249 -70 A RESOLUTION FOR AN ADDITIONAL APPROPRIATION IN ACCOUNT B -212, "POSTAGE ", OF THE OFFICE OF THE CITY CONTROLLER, IN THE AMOUNT OF $2,000.00 AND THE TRANSFER OF THE SAME FROM ACCOUNT B -241, "PRINTING, OTHER THAN OFFICE SUPPLIES ", 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 appropriat in the snnual budget for the various functions of City Government to meet such extraordinary contingencies; and WHEREAS, additional funds for Account B- 212,, "Postage ", are urgently needed by the Office of the City Controller to assure its ability to properly perform its function and the sum of $2,000.00 is needed forthwith; and WHEREAS, in another account where it is not presently needed; and more specifically as follows, to wit; $2,000.00 in Account B -241 designated as "Printing, Other Than Office Supplies ". NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana: SECTION I. That the sum of $2,000.00 be transferred from Account B -241 designated as "Printing, Other Than Office Supplies ", to Account B -212, designated as "Postage ", both of said accounts being in the same category and all within the General Fund. /s/ Fredrick D. Craven Member of the Common Council A public hearing was held at this time on the resolution. Mr. James Bickel, City Controller, stated that the Postage account was under- budTted.for 1970 and that the Council had agreed if more appropriation was needed for'70, the Council would grant more money to the account. Council- man Reinke made a motion, seconded by Councilman Palmer, that the resolution be adopted. Motion carried. 8 ayes, (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Palmer and Zielinski) 0 rays, 1 absent, (Councilman Wise). Councilman Reinke noted that he would like to commend the Park Department and those responsible for naming the Northwest (formerly the Council Oak Park) Park after Joe Boland, well -known South Bend athlete. The Park is now known as the Joe Boland Park. Councilman Laven directed the City Clerk to send a letter of commendation to the Park Department. NEW BUSINESS Council- President Laven stated that he appreciated the public coming to the Council meeting and that it was heartening to know that people are concerned about what happens to their money in their government. Councilman Allen referred to the recently passed ordinance requiring that old store fronts be 'boarded up and said she sees no evidence of the Downtown Council or merchants trying to even start conforming to the ordinance. She asked that the Legal Department investigate the situation. She also said the sweeper received by the City from the Downtown South Bend Council, a group of businessmen, is not being used for cleaning the sidewalks as it was intended. .City Engineer Lloyd Taylor replied that a problem with the hydraulic system prevented it from being used, however the machinery is under warranty and the City is awaiting parts. He said the City appreciates the merchants getting this piece of equipment for the City's use. REGULAR MEETING OCTOBER 13, 1970 NEW BUSINESS Cont'd. Council- President Laven announced that the St. Joseph Board of County Commissioners is holding a public hearing on October 20, 1970 on the Air Pollution Ordinance. He said this is something we should all be concerned about. (There being no further business to come before the Council, Counc adjournment. Councilman Allen seconded the motion. Motion carri IIATTEST: APPROVED: Zielinski moved for Time: 10:20 p.m. IDENT