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HomeMy WebLinkAbout01-25-71 Council Committee of the Whole Meeting MinutesREGULAR MEETING JANUARY 25, 1971 Be it remembered that the Common Council of the City of South Bend, Indiana, met in the Council Chambers in the County -City Building on Monday, January 25, 1971 at 8:00 p.m., with all members present. The meeting was called to order by Council President Robert 0. Laven. The invocation was given by Reverend L. Paul Harris, Community Congregational Church, 19671 Cleveland Road, South Bend, Indiana. ROT.T. CAT.T. PRESENT: Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak Wise, Palmer and Zielinski. ABSENT: None. RESOLVE INTO THE COMMITTEE OF THE WHOLE Council President Laven entertained a motion to resolve the Council into the Committee of the Whole on the state of the City to consider the items listed on the agenda for the consideration of the Committee of the Whole. Councilman Reinke so moved. Councilman Craven seconded the motion. Motion carried. Time: 8:02 p.m. COMMITTEE OF THE WHOLE MEETING 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 the County -City Building on Monday, January 25, 1971, at 8: 03 p.m., all members present. The meeting was called to order by Chairman William W. Grounds, who presided. ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WASTEWATER TREATMENT PLANT OF SOUTH BEND, INDIANA, AND.WORTHINGTON CORPORATION, HARRISON, NEW JERSEY, FOR THE REPAIR OF A 42MC -1 WORTHINGTON PUMP IN THE SUM OF $5,870.00. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard thereon. Mr. John L. Hunter, Director of Util- ities explained this ordinance was for the repair of one of the three pumps at the Wastewater Treatment Plant. He said the first one was repaired in 1968 and the second in 1969. Councilman Reinke made a motion, seconded by Councilman Wise, that the ordinance go to the Council as favorable. Motion carried. 9 ayes, 0 nays 0 absent. COMMITTEE OF THE WHOLE MEETING JANUARY 25, 1971 COMMITTEE OF THE WHOLE MEETING (Cont'd.) ORDINANCE AN ORDINANCE APPROVING A CONTRACT WASTEWATER TREATMENT PLANT OF THE BEND, INDIANA AND TRACTOR MART, Il MICHIGAN, FOR THE PURCHASE OF ONE LOW BOY 15 H.P. GARDEN TRACTOR IN $2,050.00. BETWEEN THE CITY OF SOUTH JC. OF NILES, (1) 1971 CUB THE AMOUNT OF 495 This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard thereon. Mr. John L. Hunter, Director of Utilities explained this unit will replace two self - propelled rotary mowers handling maintenance of lawns and other properties of the Wastewater Treatment Plant. Miss Virginia Guthrie, Execu- tive Secretary, South Bend Civic Planning Association, asked if there is to be an increase in the sewage rates. Mr. Hunter replied that there is no certainty that the city will have an increase. He said any increase will be based upon plant operation, new plant operation and items that will happen under pollution control. Councilman Szymkowiak made a motion, seconded by Councilman Palmer, that the ordinance go to the Council as favorable. Motion carried. 9 ayes, 0 nays, 0 absent. ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WASTEWATER TREATMENT PLANT OF THE CITY OF SOUTH BEND, INDIANA AND INTERNATIONAL HARVESTER COMPANY OF SOUTH BEND, INDIANA, FOR THE PURCHASE OF EQUIPMENT IN THE AMOUNT OF $9,887.65. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard thereon. Mr. John L. Hunter, Director of Utilities explained that International Harvester was low bidder on these four units. Councilman Zielinski made a motion, seconded by Councilman Craven, that the ordinance go to the Council as favorable. Motion carried. 9 ayes, 0 nays, 0 absent. ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WASTEWATER TREATMENT PLANT OF THE CITY OF SOUTH BEND, INDIANA AND GATES CHEVROLET, INC., OF SOUTH BEND, INDIANA, FOR THE PURCHASE OF ONE (1) 1971 CHEVROLET TRUCK IN THE AMOUNT OF $3,085.00. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard thereon. Mr. John L. Hunter, Director of Utilities explained that this truck will be used as a rodder truck and is mainly used on emer- gency sewer repairs. He said they are trading a 1958 GMC truck in on this unit which needs extensive repairs. Councilman Allen made a motion, seconded by Councilman Zielinski, that the ordinance go to the council as favorable. Motion carried. 9 ayes, 0 nays, 0 absent. ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WATER WORKS OF THE CITY OF SOUTH BEND, INDIANA AND A. H. CHOITZ & CO., INC. OF SOUTH BEND, INDIANA, FOP, THE PURCHASE OF ONE (1) 1971 JOHN DEERE MODEL JD301, 40 H.P. TRACTOR IN THE AMOUNT OF $2,591.55. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard thereon. Mr. John L. Hunter, Director of Utilities explained that a 1952 Ford Tractor will be traded in for this unit. The new unit will be used for maintenance of all water facility lawns, retention basins, etc. Councilman Palmer made a motion, seconded by Councilman Craven, that the ordinance go to the Council as favorable. Motion carried. 9 ayes, 0 nays, 0 absent. ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WATER WORKS OF THE CITY OF SOUTH BEND, INDIANA AND GATES CHEVROLET, INCORPORATED OF SOUTH BEND, INDIANA, FOR THE PURCHASE OF ONE (1) 1971 CHEVROLET VAN TRUCK IN THE AMOUNT OF $2,086.20. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard thereon. Mr. John L. Hunter, Director of Utilities explained that a 1967 Chevrolet Van Truck of the same type will be traded in on this new unit. He said the new unit will be used by the Meter Department for their Meter Replacement Program, meter installations and removals, stop box repairs, etc. Councilman Reinke made a motion, seconded by Councilman Zielinski, that the ordinance go to the Council as favorable. Motion carried. 9 ayes, 0 nays, 0 absent. COMMITTEE OF THE WHOLE MEETING JANUARY 25, 1971 COMMITTEE OF THE WHOLE MEETING (Cont'd.) ORDINANCE AN ORDINANCE TO APPROPRIATE $417,048.50 FROM THE LOCAL ROAD AND STREET FUND TO THE ACCOUNT "SERVICES CONTRACTUAL" WITHIN THE LOCAL ROAD AND STREET FUND. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard thereon. City Engineer Lloyd S. Taylor stated that this was an appropriation of Road and Street Funds for TOPICS (Traffic Operations Program for Increasing Capacity and Safety) program. He said this is the City's share of construction and engineering for TOPICS. These funds are to be appropriated from Local Road and Street Funds to "Services Contractual" within that fund. This program is funded by 50/ local funds (R & S Funds) and 50/ Bureau of Public Road Funds. He said work has not been done yet and if approval of these projects is given there will be no problem getting the approval by the Local Road and Street Board. He said bids will be taken for construction of the eight projects in late April or early May with construction to be completed in the 1971 construction season. Miss Virginia Guthrie, Executive Secretary, South Bend Civic Planning Association, asked if any local property tax money was being spent for these projects. Mr. Taylor replied negative. He answered various other questions -from the councilmen. Councilman Szymkowiak made a motion, seconded by Councilman Laven, that the ordinance go to the Council as favorable. Motion carried. 9 ayes, 0 nays, 0 absent. stated Chairman William W. Grounds7it was the decision of the Council to combine the public hearings of the two following ordinances on the agenda. He instructed the Clerk to read the title of each ordinance. ORDINANCE AN ORDINANCE ANNEXING TERRITORY TO THE MUNICIPAL CITY OF SOUTH BEND, INDIANA, WHICH IS GENERALLY DESCRIBED AS ST. MARY'S ANNEXATION AND AN ORDINANCE ANNEXING TERRITORY TO THE MUNICIPAL CITY OF SOUTH BEND, INDIANA, WHICH IS GENERALLY DESCRIBED AS NOTRE DAME ANNEXATION. This ".being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard thereon. Mayor Lloyd M. Allen, City Engineer Lloyd S. Taylor and Mr. Russell H. Riley, Consultant, Harland Bartholomew Associates, Memphis Tennessee, were the major pro annexation speakers. Mr. Taylor cited figures to indicate that tax rebates and revenues would produce $98,978 from Notre Dame and $13,739 from St. Mary's and Holy Cross Junior College and that this would more than offset the cost of services to the educational institutions. He said state tax rebates are based on population and annexation would add - about 10,000 students to the city's population. He also quoted estimated City costs pertaining to street maintenance, police and fire protection and sewer and sanitation services. Mr. Riley said the only way the central city can grow is by annexation. It must grow if the central city is to remain an important part of the metropolitan area. He said there must be room for population growth and a tax base. He said the possibility of South Bend growing to the east and west of the city limits is limited, therefore, it must grow south, southeast, north or northeast. He cited studies made of over 300 cities containing universities and colleges within the city limits and said there was no conflict.with the city. Mayor Allen said he supported an orderly planned expansion program and urged the Councilmen to preserve and assure the future of the city. He said we cannot accept the small and make exceptions for the powerful. Mr. Charles W. Hahn, 1619 E. Colfax Ave., South Bend, and local attorney; Mr. Rodney Moyer, Clay Township Real estate developer, 52748 Highlands Drive, South Bend; Prof. Richard A. Lamanna, Notre Dame Associate Professor of Urban Sociology, 315 W. Angela, South Bend; and Mr. Ralph W. Mullins, Director of the Human Relations Commission of the City of South Bend, spoke for the annexation. Among speakers against the annexation were Rev. Edmund P. Joyce, C.S-. °C. , Notre Dame Executive Vice - President; Mr. Edmund A. Stephen, Chicago attorney and Chairman of'the Notre Dame Board of Trustees; Mother Olivette,. Superior General of the Sisters of Holy Cross, St. Mary's College; Brother Charles Krupp, Provincial Superior of the Brothers of Holy Cross, Holy Cross Junior College; Mr. Paul D. Gilbert, South Bend businessman; Fir. Frank E. Sullivan, Civic Leader and South Bend businessman; Mr. Oliver C. Carmichael, Jr., 110 North Esther Street, South Bend, and Chairman of the Board of the Associates Corp. of North America and a Notre Dame Trustee; Mr. Gerald Feeney, 305 Dean Street, South Bend,and local attorney; Mr. James Thornburg, 2620 Miami Street, and Notre Dame Law student; Mr. Tom Leahey, Notre Dame student; :County Councilman -at- Large Albert Paszek; and Mr. Roger 0. Valdiserri, 317 Peashway, South Bend. Father Joyce emphasized that Notre Dame Speakers also were representing St. Mary's and Holy Cross Junior College. He said Notre Dame legal counsel has advised them that they have ample grounds to contest annexation in court. He cautioned that now is not the time to bind this community to a decision filled with doubts because too many of the questions have not been answered. He said the 1966 Area Plan Commission report did not specifically examine the pros and cons of the annexation of the educational institutions. He said universities in New Haven, Conn., and Pittsburgh, Pa., are under pressure from the city to pay taxes and annexation of Notre Dame would bring into the city buildings valued at two - hundred million and a concentration 491V COMMITTEE OF THE WHOLE MEETING JANUARY 25, 1971 Notre Dame & St. Mary's Annexation Public Hearing Cont'd. of ten thousand population which would require fire and police protection that the city is not ready to provide. He stated that the university can be of more help to the city by working in partnership and avoiding the decision of being forced into an annexation they do not want. He said even though Mayor Allen has stated there would be no tax imposed on the university, a future mayor of South Bend may impose taxation on the university. However, there is a trend towa unified government.W -hen a different situation developes,then perhaps things could be worked out. Chairman Grounds entertained a motion for a recess. Councilman Allen so moved, seconded by Councilman Palmer. Motion carried. Time: 10:17 p.m. The Committee of the Whole reconvened at 10:30 p.m. Mother Olivette stated that the university sympathizes with the central city problem but annexa- tion was no guarantee that problem is going to be solved. Brother Charles Krupp of the Brothers of Holy Cross Junior College cited the many ways in which the college has contributed to the city through taxable property, donated property and self- supporting status of the college. Mr. Carmichael said a sincere effort must be made to restructure our local government at a local level. He cited the example of Vanderbilt University, Nashville, Tenn., where the city is taxing numerous university'-properties and said it could happen in South Bend. Councilman Laven made a motion for a recess. Councilman Allen seconded the motion. Motion carried. Time: 11:55 p.m. The Committee of the Whole reconvened at 12:10 a.m., January 26,1971, Councilman Laven said he had planned to introduce a resolution concerning tax - exempt status for the university - -the council is concerned about the welfare of the university. He said he can't imagine legislators violating state statutes concerning tax - exempt status - -such as taxa- tion of universities. As problems would arise, the City administration and university could work them out together, he said. He claimed it is illegal and unconstitutional to impose service charges on residents of the City. The solution to the Post Office being retained as Notre Dame ?Indiana would be to annex around it -- leaving an island. He said the Council cannot annex one area and not another--we are dependent upon one another. He stated that annexation of Notre Dame doesn't mean domination by the City - -the university should be allowed to run their own affairs. Concerning student voting - -the next step is up to the state legislature - -City has no control as yet. He said he did not think this annexation would be divisive - -and it would be in the best interests of the entire community. Councilman Reinke said he has been :a supporting member of orderly annexation for the City but felt this was not in the best interest of the people who elected him. Councilman Allen said this is a lasting decision to be made tonight which cannot be reversed - -she urged a vote against it. Councilman Szymkowiak said Notre Dame is a monument in South Bend, providing jobs for many residents of the City and they should not be annexed. ST. MARY'S ANNEXATION ORDINANCE Councilman Wise made a motion, seconded by Councilman Reinke, that the ordinance go to the Council as unfavorable. Motion carried. 6 ayes, 3 nays, 0 absent. NOTRE DAME ANNEXATION ORDINANCE Councilman Craven made a motion, seconded by Councilman Allen, that the ordinance go to the Counc as unfavorable. Motion carried. 6 ayes, 3 nays, 0 absent. 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 Allen so moved, seconded by Councilman Craven. Motion carried. Time: 12:30 a. m., January 26, 1971. ATTEST: APPROVED:- Cs" CHAI