HomeMy WebLinkAbout02-22-71 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, February 22, 1971 at 8:13 p.m., all
members present. The meeting was called to order by Council - President Robert 0. Laven, who
presided.
(REPORT FROM THE 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 February 8, 1971 meeting of the Council and found them
correct. They therefore recommend that the same be approved.
/s/ Robert 0. Laven
Isl Janet S. Allen
s Albert E. Palmer
There being no objections, the report was accepted as read and placed on file.
REGULAR MEETING FEBRUARY 22, 1971
CITIZENS REQUESTS - MISCELLANEOUS MATTERS
Mr. Roman J. Kowalski, 802 Birchwood, South Bend, Indiana asked whether the Mayor was using the
City owned car on his vacation. The Councilmen replied that the car was now parked in the City
garage and the Mayor was not using the car on his trip.
Council - President Laven referred a post card he received from a Senior Citizen requesting bus
service to the Calvert - Ironwood area, to Controller James A. Bickel. Mr. Bickel said he would
see that the Bus Manager took the proper action.
REPORT FROM THE CITY CONTROLLER
The reports of the City Controller, James A. Bickel, for the months of December, 1970 and Janu-
ary, 1971, 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.
REPORTS FROM THE AREA PLAN COMMISSION
February 17,1971
The Honorable Common Council
of the City of South Bend
County -City Building
South Bend, Indiana
Gentlemen:
Re: Northeast Corner
Ironwood Dr. & Colfax Ave.
The attached rezoning petition of Jerry Claeys, et al. was legally advertised on February 6 and
13, 1971 and was given public hearing on February 16, 1971. The following action was taken by
the Area Plan Commission:
After due consideration, a motion was made, seconded and
unanimously passed that this ordinance and site plan be
recommended favorably to the Common Council of the City of
South Bend.
Excerpts from the minutes of the Area Plan Commission meeting will be forwarded to you at a
later date.
EB
Attach.
Very truly yours,
Howard Bellinger, /s/
Executive Director
There being no objections, the report was accepted and placed on file.
REPORT FROM THE AREA PLAN COMMISSION
February 17, 1971
The Honorable Common Council
of the City of South Bend
County -City Building
South Bend, Indiana
Gentlemen:
Re: 1617 N. Bendix Dr.
The attached rezoning petition of Louis Gruszynski, et al. was legally advertised on February
6 and 13, 1971 and was given public hearing on February 16, 1971. The following action was
taken by the Area Plan Commission:
After due consideration, a motion was made, seconded and
unanimously passed that this ordinance be recommended
favorably to the Common Council.
Excerpts from the minutes of the Area Plan Commission meeting will be forwarded to you at a
later date.
eb
Attach.
Very truly yours,
/s/ Howard Bellinger
Executive Director
There being no objections, the report was accepted and placed on file.
REGULAR MEETING FEBRUARY 22, 1971
AREA PLAN COMMISSION COMMUNICATION
February 4, 1971
The Honorable Common Council of the
City of South Bend
County -City Building
South Bend, Indiana
Gentlemen:
Re: Ordinance No. 5246 -70 - Site #1
Ordinance No. 5247 -70 - Site #2
Location: State Road #23, South Bend Avenue and Vaness Street
Site #1 - 18343 State Road #23
Site #2 - 18401 State Road #23
'31 JV
This is to advise you that the amendments to the above ordinances were considered and approved
at the regular meeting of the Area Plan Commission held on Tuesday, January 19, 1971. The
following action was taken:
Motion was made by Mr. Lehman and seconded by
Mr. Rothermel to approve the amendments and so
inform the Council. Motion carried.
An excerpt from the minutes is attached and made a part of this report.
Very truly yours,
/s/ Howard Bellinger,
Executive Director
eb
Attach.
There being no objections, the report was accepted and placed on file.
PETITIONS
Petition to Annex Land:
600 East Johnson Road Property
TO: THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA:
The petitioner, Real Estate Development Company, respectfully petitions that a tract
of land in Center Township, St. Joseph County, Indiana, bounded by a line running as follows,
to -wit:
A tract or parcel of land described as follows, to -wit: Beginning at a
point on the old boundary line Seventeen hundred and fifty -four (1754)
feet west of east boundary of Section Thirty -six (36) township thirty -seven (37)
North, Range No. Two (2) east, thence west nine hundred and thirty -seven
(937) feet, thence South eighteen hundred and forty (1840) feet, thence east nine
hundred and thirty -seven (937) feet, thence north nineteen hundred and three
(1903) feet to the place of beginning, and being partition lot number five
(5) as set apart to Barbara Gilmer in the partition of the real estate of
Henry Gilmer, deceased, wherein Barbara Gilmer was plaintiff and Frank Gilmer
et al were defendants, and described in report and plat of said partition
suit recorded in Partition Record No. one (1) page 502 of the records of St.
Joseph County, Indiana
and also,
A lot or parcel of land described as follows: beginning at a point on the
old boundary line thirteen hundred and eight (1308) feet west of the east
boundary line thirteen hundred and eight (1308) feet west of the east boundary
of section thirty -six (36) township thirty -seven (37) North, Range No. two (2)
east thence west four hundred forty -six (446) feet thence south nineteen
hundred and three (1903) feet thence east four hundred forty -six (446) feet
thence north nineteen hundred fourteen and six - tenths (1914.6) feet to the
place of beginning containing nineteen and five - tenths (10.5) acres more or
less and designated as Lot No. four (4) in the partition of the estate of
Henry Gilmer, excepting therefrom a lot or parcel of land a part of Section
36 Township 37 North, Range 2 East, lying South of the Old Indiana Boundary
line, Centre Township, St. Joseph County, Indiana, described as follows, viz:
'30
REGULAR MEETING FEBRUARY 22, 1971
(PETITION (CONT'D.) - 600 E. Johnson Rd. Property
Beginning at a point on the Old Indiana Boundary line (2691) feet Westerly
of the Easterly line of Section 36, Township 37 North, Range 2 East which
point is also on the projection of the Easterly Boundary of the Plat of
Gilmer Park Addition as recorded in the office of the Recorder of St. Joseph
County, Indiana; thence running Southerly (245) feet along said Easterly
Boundary of Gilmer Park Addition; thence Easterly (177) feet parallel with
the said Old Indiana Boundary line; thence Northerly (245) feet to a point
on the Old Indiana Boundary line (177) feet Easterly of the place of
beginning; thence Westerly along said Old Indiana Boundary line (177) feet
to place of beginning containing (0.995) acres, more or less.
Also, subject to the following described easement; beginning at a point on
the Old Indiana Boundary (2514) feet Westerly of the Easterly line of Section
36, Township 37 North, Range 2 East; thence Southerly (245) feet parallel to
the Easterly Boundary of the Plat of Gilmer Park Addition; thence Westerly
(10) feet; thence Northerly (245) feet; thence Easterly (10) feet along Old
Indiana Boundary to place of beginning. This easement is reserved for the
grantor, his assigns and leasees for the purpose of ingress and egress for
agriculture implements as long as the adjoining property to the East and
South are used for agriculture purposes.
Ilbe annexed to and declared to be part of the incorporated City of South Bend, Indiana.,
Petitioner further states that said real estate is adjacent to and
boundary with the present City of South Bend, Indiana, pursuant to the Cities
property known as the Gilmer Park Area. The petitioner has such interest in
that qualifies said petitioner to request the annexation thereof.
Petitioner further requests
adopted. The petitioner has attached
and approval of the Common Council of
forms a contigious
annexation of the
said real estate
that an ordinance for the purpose of annexing said land be
hereto a form of such ordinance for the convenience, use
the City of South Bend, Indiana.
WHEREFORE, petitioner "respectfully requests that the Common Council of the City of
South Bend, Indiana, accept and act favorably on his said petition, and that the above described
real estate be annexed to and declared to be a part of the incorporated City of South Bend,
Indiana.
IlPetition prepared by:
REAL ESTATE DEVELOPMENT COMPANY
8742 Bel -Air Drive
Indianapolis, Indiana 46226
BY: James T. Bisesi, General Partner /s/
Sidney Mishkin, Attorney at Law
Bamberger & Feibleman
500 Union Federal Building
Indianapolis, Indiana 46204
lCouncilman Reinke made a motion, seconded by Councilman Palmer, that the petition be referred to
the Annexation Committee for further study. Motion carried. 9 ayes, 0 nays, 0 absent.
IIREPORTS OF THE COMMITTEE OF THE WHOLE
I Council President Laven entertained a motion to waive the reading of the Committee of the Whole
Reports. Councilman Allen so moved, seconded by Councilman Craven. Motion carried unanimously.
(ORDINANCES, THIRD READING
11ORDINANCE NO. 5270 -71
AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION FROM
THE MOTOR VEHICLE HIGHWAY FUND IN THE AMOUNT OF
$70,000.00 TO ACCOUNT MVH -42, "STREET AND ALLEY
MATERIALS" IN THE MOTOR VEHICLE HIGHWAY FUND.
The ordinance was given third reading. Councilman Grounds made a motion for passage of
ordinance. Councilman Szymkowiak seconded the motion.. There being no discussion on the
the ordinance was passed by a roll call vote of 9 ayes (Councilmen Laven, Allen, Reinke,
Grounds, Szymkowiak, Wise, Palmer and Zielinski) 0 nays, 0 absent.
IIORDINANCES, FIRST AND SECOND READING
II nRnTNANrR
AN ORDINANCE APPROVING A CONTRACT BETWEEN THE
WATER WORKS OF THE CITY OF SOUTH BEND, INDIANA,
AND BADGER METER MANUFACTURING COMPANY, MILWAU-
KEE, WISCONSIN, FOR THE PURCHASE OF AN ASSORTMENT OF
WATER METERS FOR USE FROM FEBRUARY 7, 1971 TO
FEBRUARY 7, 1972, IN THE AMOUNT OF $186,577.50.
the
motion,
Craven,
The ordinance was given first reading by title and second reading in full. Councilman Allen made
a motion, seconded by Councilman Reinke, that the ordinance be set for public hearing on March
8, 1971. Motion carried. 9 ayes, 0 nays, 0 absent.
5 09
REGULAR MEETING FEBRUARY 22, 1971
ORDINANCES, FIRST AND SECOND READING (CONT'D.)
ORDINANCE
AN ORDINANCE APPROVING A CONTRACT BETWEEN THE
WATER WORKS OF THE CITY OF SOUTH BEND, INDIANA
AND GAMON- CALMET INDUSTRIES INC. OF FLORENCE,
KENTUCKY FOR THE PURCHASE OF AN ASSORTMENT OF
WATER METERS FOR USE FROM FEBRUARY 7, 1971 TO
FEBRUARY 7, 1972, IN THE AMOUNT OF $9,257.94.
The ordinance was given first reading by title and second reading in full. Councilman Palmer
made a motion, seconded by Councilman Craven, that the ordinance be set for public hearing on
March 8, 1971. 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 HERSEY- SPARLING METER COMPANY, DEDHAM,
MASSACHUSETTS, FOR THE PURCHASE OF AN ASSORTMENT
OF WATER METERS FOR USE FROM FEBRUARY 7, 1971 TO
FEBRUARY 7, 1972, IN THE AMOUNT OF $38,779.00.
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 March 8, 1971. 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 FREEMAN SPICER COMPANY OF SOUTH BEND,
INDIANA, FOR THE PURCHASE OF THREE 1971 PLYMOUTHS,
IN THE AMOUNT OF $7,080.00.
The ordinance was given first reading by title and second reading in full. Councilman Reinke
made a motion, seconded by Councilman Palmer, that the ordinance be set for public hearing
on March 8, 1971. Motion carried. 9 ayes, 0 nays, 0 absent.
ORDINANCE
AN ORDINANCE APPROVING A CONTRACT BETWEEN THE
WASTEWATER TREATMENT PLANT OF SOUTH BEND,.
INDIANA, AND DON MEDOW MOTORS OF MISHAWAKA,
INDIANA, FOR THE PURCHASE OF TWO 1971 HORNETS
IN THE AMOUNT OF $3,987.86.
The ordinance was given first reading by title and second reading in full. Councilman Allen
made a motion, seconded by Councilman Zielinski, that the ordinance be set for public hearing
on March 8, 1971. Motion carried. 9 ayes, 0 nays, 0 absent.
ORDINANCE
AN ORDINANCE APPROVING A CONTRACT BETWEEN THE
WASTEWATER TREATMENT PLANT OF SOUTH BEND,
INDIANA, AND MORETRENCH CORPORATION, DOWNERS
GROVE, ILLINOIS, FOR THE PURCHASE OF A WELL -
POINT SYSTEM, IN THE AMOUNT OF $3,094.88.
The ordinance was given first reading by title and second reading in full. Councilman Reinke
made a motion, seconded by Councilman Craven, that the ordinance be set for public hearing
on March 8, 1971. Motion carried. 9 ayes, 0 nays, 0 absent.
ORDINANCE
AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER
40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA.
(Northeast Corner of Ironwood Drive & East
Colfax Avenue)
The ordinance was given first reading by title and second reading in full. Councilman Craven
made a motion, seconded by Councilman Grounds, that the ordinance be set for public hearing
on March 8, 1971. Motion carried. 9 ayes, 0 nays, 0 absent.
nRnTNANOR
AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68
AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDI-
NANCE OF THE CITY OF SOUTH BEND, INDIANA
(Chapter 40, Municipal Code). (Between Elwood
and Keller Streets on the West Side of Bendix Dr.)
The ordinance was given first reading by title and second reading in full. Councilman Szymkowiak
made a motion, seconded by Councilman Palmer, that the ordinance be set for public hearing
on March 8, 1971. Motion carried. 9 ayes, 0 nays, 0 absent.
REGULAR MEETING FEBRUARY 22, 1971
ORDINANCES, FIRST AND SECOND READING (CONT'D.)
ORDINANCE
AN ORDINANCE ANNEXING TERRITORY TO THE MUNICIPAL
CITY OF SOUTH BEND, INDIANA, GENERALLY DESCRIBED
AS LYING SOUTH OF JOHNSON ROAD AND EAST OF FELLOWS
STREET AND FIXING UTILITY RATES TO BE CHARGED
THEREIN. (600 E. Johnson Rd.)
The ordinance was given first reading by title and second reading in full. Councilman Reinke
made a motion, seconded by Councilman Craven, that the ordinance be referred to the Annexation
Committee for further study. Motion carried. 9 ayes, 0 nays, 0 absent.
RESOLUTIONS.
RESOLUTION NO. 263 -71
A RESOLUTION FOR AN ADDITIONAL APPROPRIATION IN
ACCOUNT W -722 "MOTOR EQUIPMENT" IN THE RADIO
DEPARTMENT IN THE AMOUNT OF $86.20, AND THE
TRANSFER OF SAID SUM FROM ACCOUNT W -726, "OTHER
EQUIPMENT ", BOTH BEING 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 appro-
priated in the annual budget for the various functions of City Government to meet such extra-
ordinary conditions; and
WHEREAS, additional funds for Account W -722 "Motor Equipment" are needed by the Radio
Department to assure the department's ability to properly perform its functions; and
WHEREAS, a surplus exists in another account where it is not presently needed and more
specifically as follows, to -wit:
$86.20 in Account W -726 designated as "Other Equipment."
NOW, THEREFORE, BE IT RESOLVED BY the Common Council of the City of South Bend,
Indiana:
SECTION I. That the sum of $86.20 be transferred from Account W -726 designated as
"Other Equipment ", to Account W -722, designated as "Motor Equipment ", both of said accounts in
the Radio Department being in the same category and all within the General Fund.
/s/ Robert 0. Laven
Member of the Common Council
A public hearing was held at this time on the above Resolution. City Engineer Lloyd Taylor
explained the need for the additional funds. Mr. Hunt, Supervisor, Radio Department, was unable
to attend the meeting. Mr. Taylor said the $86.20 additional funds will enable the Radio Depart-
ment to purchase a $2,086.20 van truck that is used as a service vehicle servicing radio
equipment. He said the manufactures discontinued the city discount.
Councilman Grounds made a motion, seconded by Councilman Palmer, for adoption of the resolution
Motion carried. 9 ayes (Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Wise,
Palmer and Zielinski) 0 nays, 0 absent.
RESOLUTION NO. 262 -71
RESOLUTION FAVORING ADOPTION OF THE BOCA BASIC
BUILDING CODE AS THE STATE -WIDE STANDARD BUILDING
CODE, AS AMENDED.
WHEREAS, the General Assembly of the State of Indiana, at its 1969 Session, enacted
an Act known as the Administrative Building Council Act of 1969, being Chapter 338 of the Acts
of 1969 (Burns Sec. 20 -435 thru 20 -469); and
WHEREAS, Section 32 of said Act provides that the Administrative Building Council
created by said Act shall formulate a standard state -wide building code to become effective
March 15, 1971, which, on said date shall have the effect of supplanting and replacing all
existing building codes throughout the state; and
WHEREAS, the Common Council has been informed that the Administrative Building Council
has narrowed its choice down to two or three of the standard codes presently in general use in
the building industry at this time; and
WHEREAS, the Municipal City of South Bend and the Board of Commissioners of St. Joseph
County have both adopted and been operating under the Boca Basic Building Code promulgated by the
Building Officials Conference of America, Inc. for a considerable period of time; and
WHEREAS, the Common Council is of the opinion that the Boca Code has proven to be very
satisfactory in operation, that it is more relevant to the State of Indiana, and the Midwest,
than the other standard codes in use in other areas of the country, and that a switch to a
different code at this time would produce much confusion and difficulty,
REGULAR MEETING FEBRUARY 22, 1971
RESOLUTION NO. 262 -71 (Cont'd.)
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend,
Indiana, that:
SECTION I. The Council strongly favors adoption by the Indiana Administrative Building
Council of the Boca Basic Building Code as the standard state -wide building code to become
effective March 15, 1971
SECTION II. That a copy of this Resolution be forwarded by the Clerk.to the Indiana
Administrative Building Council in Indianapolis.
/s/ Gerald C. Reinke
Member of the Common Council
A public hearing was held at this time on the above Resolution. City Engineer Lloyd Taylor
said Building Commissioner Forrest West is attending the meeting of the Indiana Building Council
being held in Indianapolis this week. Mr. West is presenting the above resolution to the
Council, urging the Indiana Administrative Building Council to adopt the BOCA Basic Building
Code as the standard state -wide building code to become effective March 15, 1971. He said the
BOCA code has been in use for quite some time and it is one of three nation -wide codes the
Administrative Building Council has under consideration for adoption. Councilman Reinke made
a motion to amend the resolution as follows:
Delete the period at the end of the last sentence of the resolution
and add -the -following words: "and to the Governor of the State of
Indiana." and that a copy of the resolution be forwarded to the
Indiana Administrative Building Council and to the Governor of the
State of Indiana, Governor Edgar D. Whitcomb.
Councilman Craven seconded the motion. Motion carried. 9 ayes, 0 nays, 0 absent. Counciim n
Allen made a motion, seconded by Councilman Reinke, for the adoption of the resolutiof�},�' agjIgg'
carried. 9 ayes (Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Wise, Palmer
and Zielinski) 0 nays, 0 absent.
RESOLUTION REFERRED TO COMMITTEE
• RESOLUTION APPROVING A FOURTH AMENDMENT TO
• CONTRACT BETWEEN THE SOUTH BEND CITY WATER
WORKS AND SEWAGE DISPOSAL PLANT AND CLAY
UTILITIES, INC., FOR FURNISHING OF WATER AND
SEWAGE TREATMENT TO THE CLAY TOWNSHIP AREA IN
ST. JOSEPH COUNTY, INDIANA.
WHEREAS, the Board of Water Works Commissioners and the Board of Sewage Commissioners
deem it to be in the best interests of their respective facilities and to the City of South.
Bend to amend an agreement to furnish water and sewage services in Clay Township to Clay
Utilities, Inc., which Agreement was entered into on the 22nd day of March, 1965, and approved
by Resolution No. 96 -65 of the Common Council of the City of South Bend on the 10th day of May,
1965.
NOW THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
that the contract entered into between the South Bend City Water Works and the sewage disposal
plant of the City of South Bend and Clay Utilities, inc., dated the 22nd day of March, 1965,
for the furnishing of water and sewage treatment to Clay Township, St. Joseph County, Indiana,
as four times amended, is hereby approved and confirmed; said fourth amendment being attached
hereto as an exhibit and made a part of this Resolution.
/s/ Janet S. Allen
Member of the Common Council
Councilman Reinke made a motion that the resolution be referred to the Sewers and Drains Committ
for further study. Councilman Allen made a motion to amend Councilman Reinke's motion by adding
"a public hearing to be held on March 8, 1971." The motion failed for lack of a second.
Councilman Allen said something like this should not be left dangling and should be set for
public hearing for the next meeting. Councilman Palmer, Chairman of the Sewers and Drains
Committee stated that this resolution is as important as anything else and as soon as a full
study has been made, it will be brought out of committee. Councilman Grounds seconded Council-
man Reinke's motion. Motion carried. 8 ayes, 1 nay, 0 absent.
REGULAR MEETING FEBRUARY 22, 1971
NEW BUSINESS
Council President Laven introduced Mrs. Robert Hudson of South Bend, a representative from the
American Association of University Women.
Councilman Reinke asked City Engineer Lloyd Taylor to investigate a curb and sidewalk problem
at the Twyckenham Pool area where cars are driving up on the pool sidewalk. He asked Mr. Taylor
if anything can be done to prevent this occuring. Mr. Taylor said he would investigate the matter
Councilman Allen announced a meeting of the Trash Committee to be held in the County City Bldg.,
on March 1, 1971 at 7:00 p.m. She asked all Councilmen to be in attendance and said this was
the only notification they will receive.
There being no further business to come before the Council, Councilman Craven moved for adjourn-
ment. Councilman Reinke seconded the motion. Motion carried. Time:8:50 p. m.
II
ATTEST:
APPROVED:
L_
PRESIDENT