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