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HomeMy WebLinkAbout10-25-71 Council Meeting MinutesREGULAR MEETING OCTOBER 25, 1971 Be it remembered that the Common Council of the City of South Bend, Indiana met in the Council Chambers of the County -City Building on Monday, October 25, 1971, at 8:07 P.M. with nine mem- bers present, none absent. The meeting was called to order by Council President Robert O. Laven. In the absence of Reverend Harry D. Collier, Westminster Presbyterian Church, 621 Lindsey Street, South Bend, Indiana, the invocation was given by Council President Laven. ROLL CALL PRESENT: Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Wise, Palmer and Zielinski ABSENT: None ORDINANCES, SECOND READING ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WASTEWATER TREATMENT PLANT OF THE CITY OF SOUTH BEND, INDIANA AND CHICAGO PUMP OF CHICAGO, ILLINOIS FOR THE PURCHASE OF A MODEL 36A COMMINUTOR IN THE AMOUNT OF $13,011.00 This ordinance was given second reading. Councilman Raymond C. Zielinski made a motion that the public hearing for this ordinance be held at this meeting, seconded by Councilman Walter M. Szymkowiak. Motion carried. ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WATER WORKS OF THE CITY OF SOUTH BEND, INDIANA AND THE NATIONAL CASH REGISTER COMPANY OF MISHAWAKA, INDIANA, FOR THE PURCHASE OF REMITTANCE CONTROL MACHINES AND CHANGE DISPENSERS IN THE AMOUNT OF $12,622.78. This ordinance was given second reading. Councilman Zielinski made a motion that the public hearing for this ordinance be held at this meeting, seconded by Councilman Albert E. Palmer. Motion carried. ' ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $3,000.00 FROM THE GENERAL FUND TO ACCOUNT T -726, "OTHER EQUIPMENT" IN THE TRAFFIC DEPARTMENT, SAID ACCOUNT BEING WITHIN THE GENERAL FUND. The ordinance was given second reading. Councilman Szymkowiak made a motion that the public hearing for this ordinance be held at this meeting, seconded by Councilman Frederick D. Craven. Motion carried. ORDINANCE AN ORDINANCE AMENDING ORDINANCES 5215 -70 AND 5322 -71 PERTAINING TO SALARIES BY ADDING A NEW POSITION. This ordinance was given second reading. Councilman William W. Grounds made a motion that the public hearing for this ordinance be held at this meeting, seconded by Councilman Craven. Motion carried. REGULAR MEETING REGULAR MEETING (Cont.) REPORT FROM THE FEES AND SALARIES COMMITTEE OCTOBER 25, 1971 The Clerk read a report from the Fees and Salaries Committee on an ordinance amending Ordinances 5215 -70 and 5322 -71 pertaining to salaries by adding a new position and the ordinance was ac- cepted by the Committee and recommended its passage. There being no objections the report was accepted as read. RESOLVE INTO THE COMMITTEE OF THE WHOLE Council President Laven entertained a motion to resolve the Council into the Committee of the Whole. Councilman Craven so moved, seconded by Councilman Gerald C. Reinke. Motion carried. Time 8:15 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, October 25, 1971 at 8:16 P.M., with 9 members present, none absent. The meeting was called to order by Chairman William W. Grounds who presided. nVnTVAWPV AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WASTEWATER TREATMENT PLANT OF THE CITY OF SOUTH BEND, INDIANA AND CHICAGO PUMP OF CHICAGO, ILLINOIS FOR THE PURCHASE OF A MODEL 36A COMMINUTOR IN THE AMOUNT OF $13,011.00 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 Utili- ties, read the following letter: "TO: Members of the Common Council September 27, 1971 " FROM: John L. Hunter, Director of Utilities RE: Purchase of Comminutor The proper procedure was followed in advertising for bids, receipt of bids and ap- proval by the Board. The only bid received on this unit was from Chicago Pump. They manufactured the original unit and this is a replacement. We had the comminu- tor inspected and if the unit is overhauled it will cost $12,300. Since a new unit costs $13,011, it was decided to replace the unit. A comminutor is one of three large grinding machines, similar to garbage grinders, reducing the large debris of waste to a small size prior to entry into treatment. Following the installation of this machine an inspection will be made of the other units to determine their condition. /s/ John L. Hunter " Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association questioned why the unit had not been inspected since its installation thereby making a simple repair less costly than an entire new unit. Mr. Hunter explained there were no moneys available for maintenance. Mr. Roman Kowalski, 802 Birchway, South Bend, Indiana and Councilman Szymkowiak asked if it would not be cheaper to repair the old unit and Mr. Hunter explained that the new unit was an exact duplicate of the old one and the cost would be approximately the same in either case. Councilman Reinke asked if this were a trade -in or outright purchase and if the price included installation. Mr. Hunter commented it was an outright purchase and the old unit would be kept for repair parts; installation cost was not in excess of $2,000. Councilman Zielinski moved that the ordinance go to Council as favorable, seconded by Councilman Reinke. Motion carried. nVnTMAMOR AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WATER WORKS OF THE CITY OF SOUTH BEND, INDIANA AND THE NATIONAL CASH REGISTER COMPANY OF MISHAWAKA, INDIANA, FOR THE PURCHASE OF REMITTANCE CONTROL MACHINES AND CHANGE DISPENSERS IN THE AMOUNT OF $12,622.78 This being the time heretofore set for public hearing, proponents and opponents were given an opportunity to be heard thereon. Mr. Hunter read the following letter: "TO: Members of the Common Council September 28, 1971 " FROM: John L. Hunter, Director of Utilities RE: Remittance Control Machines Proper procedure was followed in advertising for bids, receiving of bids, ap- proval by the Board, etc. The National Cash Register Company was the only bid- der since these are special machines needed in our operation. The two prime reasons for acquiring new cash registers are: (Letter continued on next page) REGULAR MEETING OCTOBER 25, 1971 COMMITTEE OF THE WHOLE MEETING (Cont.) ORDINANCE '.Public Hearing (Cont.) If 1. To provide a proper audit trail of account numbers on cash register if tapes. Old machines have only seven amount rows on which to ring up an account number. The new billing system has a nine digit account number. The new cash registers will have nine amount rows to provide a proper audit trail. m 2. In going to a bi- monthly billing we have increased our work load 50 per cent. The old cash registers will not hold up under this in- creased work load. The amount of down time due to mechanical fail- ures would be significant enough to hinder our operations. /s/ John L. Hunter 1E Miss Guthrie asked if the new machines would be able to handle the work load without an increase in personnel and Mr. Hunter said no additional personnel was needed. Mr. Kowalski questioned the replacement of all three machines at once and Mr. Hunter explained that the new machines would enable the department to make use of the South Bend Community School Corporation Com- puters for more accurate billing whereas now keypunching must be used before computer facili- ties can be used; this new operation would save time as well as dollars. Councilman Zielinski asked about trade -in' value of the machines and Mr. Hunter said it was minimal and he intended to check with the Park Department to see if the present machines could be used elsewhere. Councilman Zielinski made a motion that the ordinance go to the Council as favorable, seconded by Councilman Palmer. Motion carried. ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $3,000.00 FROM THE GENERAL FUND TO ACCOUNT T -726, "OTHER EQUIPMENT" IN THE TRAFFIC DEPARTMENT, SAID ACCOUNT BEING WITHIN THE GENERAL 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. Mr. Lloyd Taylor, City Engineer, said that when damages occur to City property, such as traffic signals, or signs, the Traffic De- partment asks the Legal Department to file a claim against the operator of the vehicle which causes the damage. Moneys collected for such claims are paid into the general fund. Out of necessity, the repairs to such equipment are made immediately with repair items from stock and this money is needed to replenish the stock. Councilman Szymkowiak made a motion that the ordinance go to the Council as favorable, seconded by Councilman John V. Wise. Motion carried. ORDINANCE AN ORDINANCE AMENDING ORDINANCES 5215 -70 and 5322 -71 PERTAINING TO SALARIES BY ADDING A NEW POSITION 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. Issiah_.Jackson, Director of the Co- operative Area Manpower Planning System, read the following excerpts from his letter directed to Mr. Laven President of the Council: " TO: Mr. Robert 0. Laven October 4, 1971 " The Regional Manpower Administration in Chicago has notified the South Bend Manpower Area Planning Council that Department of Labor money will be made available to finance the addition of a full time youth coordinator position on the local staff. The MAPC requests the Common Council to pass favorably on the addition of this salary ordinance. The Manpower Systems Coordinator would work to coordinate the various commu- nity summer employment programs in their job development efforts. Also he would establish a data gathering system on characteristics of the enrollees of these programs, their experiences in the programs and the subsequent suc- cess of these persons in remaining in school and finding permanent jobs. The employment difficulties and resulting training needs of girls would also be emphasized. In this planning effort, the Manpower Systems Coordinator would also engage the active cooperation of local educational and training institutions, government officials, and labor and business groups. Also, the ancellary considerations of school discipline, the local juvenile court and correctional system, and adequacy of school counselling would be reviewed for their impact on youth employment. Miss Guthrie asked the amount of salary for this position and what period of time it covered. Mr. Jackson replied it was $15,000 for fiscal year 1972, from September to September; the actual salary is $11,000 plus benefits such as social security, hospitalization, travel, etc. at a rate of 20 %. Councilman Laven commented the ordinance is for the salary only. Mr. Shepard J. Crumpacker, City Attorney, said this was not an appropriation but to cover Federal funds creat- ing a new position. Councilman Reinke made a motion that the ordinance go to the Council as favorable, seconded by Councilman Craven. Motion carried. REGULAR MEETING COMMITTEE OF THE WHOLE MEETING (Cont.) ORDINANCE OCTOBER 25, 1971 AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS TO ACCOUNT NO. K -214, "TELEPHONE AND TELEGRAPH ", IN THE AMOUNT OF $300.00 AND TO ACCOUNT NO. K -37, "OTHER SUPPLIES ", IN THE AMOUNT OF $500.00, AND THE TRANSFER OF SAME FROM ACCOUNT NO. K -726, "OTHER EQUIP- MENT", ALL ACCOUNTS BEING IN THE MORRIS CIVIC AUDITORIUM BUDGET IN THE GENERAL 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. Mr. Floyd Jessup, Manager of the Morri Civic Auditorium, said this request was a result of rate increases of telephone services. The charges are all for equipment. Of three lines, he had taken steps to eliminate one line at a savings of $30.00 per month. At present there is a $22.00 per month cost for intercom service by the phone company for service between the lighting booth and spot light booth. He said he had received bids in the amount of $460.00 to install their own intercom in the auditorium, which will be done. He stated there were also laundry bills, costs for paper supplies have in- creased as well as costs for cleaning supplies which resulted in the request for this transfer of funds. Councilman Craven made a motion for the ordinance to go to the Council as favorable, seconded by Councilman Zielinski. Motion carried. ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $10,000.00 TO ACCOUNT NO. U -321, "GASOLINE ", AND THE TRANSFER OF SAID SUM FROM ACCOUNTS U -221, "ELECTRIC CURRENT ", AND U -262, DATA PROCESSING ", ALL ACCOUNTS BEING IN THE MUNICIPAL SERVICES FACILITY BUDGET IN THE GENERAL 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. Mr. Richard J. Duck, Manager of the Municipal Services Facility, stated that all moneys in this account had been expended resulting in this request. Miss Guthrie asked if Model Cities Program was taking a large amount of gaso- line and why it could not reimburse the City for what was used. Mr. Taylor commented that the trash pick -up for Model Cities is on a contractual basis and was repaid to the general fund. Councilman Craven questioned taking funds from the data processing account and Mr. Duck said the gas is taped and data processing was cancelled as it has not been used this year, but the record are now on computer. Councilman Szymkowiak questioned shortages and leakage. Mr. Duck stated a security guard check showed no pilferage and leakage, while possible, was negligible. Council man Grounds commented that the large gasoline usage was due to idling motors in trucks and polic cars for long periods of time which would show no mileage and Mr. Duck agreed, adding that polic cars often show 100,000 miles per year. Councilman Reinke commented that money paid to the gen- eral fund for gasoline used by other departments should be credited to the Municipal Services Department because it is a service department to others. Councilman Craven made a motion the ordinance go to the Council as favorable, seconded by Councilman Zielinski. Motion carried. Mi. _0ii�`MV APPROPRIATION ORDINANCE AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING THE SUM OF ONE MILLION SIX HUNDRED THIRTY THOUSAND DOLLARS ($1,630,000) FOR THE IM- PROVEMENT OF THE CITY OWNED PROPERTY KNOWN AS THE MORRIS CIVIC AUDITORIUM, INCLUDING BUT NOT LIMITED TO THE INSTALLATION OF HEATING, VENTILATING AND AIR - CONDITIONING EQUIPMENT; THE ACQUISITION, IMPROVEMENT AND DEVELOPMENT OF LAND AS A SITE FOR A CIVIC CENTER WITHIN AN AREA BOUNDED BY MICHIGAN STREET, WAYNE STREET, LA SALLE STREET AND THE ST. JOSEPH RIVER; THE CON- STRUCTION OF STREETS, CURBS, SIDEWALKS, AND SEWERS, INCLUDING THE ACQUI- SITION OF ANY NECESSARY LAND, EASEMENTS AND RIGHTS -OF -WAY IN CONNECTION THEREWITH WITHIN AN AREA NORTH OF LINCOLNWAY WEST, WEST OF BENDIX DRIVE, AND SOUTH OF THE NORTHERN INDIANA TOLL ROAD, ALL WITHIN THE CITY OF SOUTH BEND, INDIANA; AND TO THE EXTENT OF FUNDS REMAINING, THE ACQUISITION OF LAND AS A SITE FOR AND THE CONSTRUCTION AND EQUIPMENT OF A FIRE STATION; TOGETHER WITH THE EXPENSES IN CONNECTION WITH ALL OF THE FOREGOING IN- CLUDING ENGINEERING, ARCHITECTURAL, APPRAISAL, ABSTRACTING, TITLE INSUR- ANCE, AND LEGAL FEES, AND THE EXPENSES AND LEGAL FEES ON ACCOUNT OF THE ISSUANCE OF BONDS THEREFOR AND DECLARING THAT AN EXTRAORDINARY EMERGENCY EXISTS FOR THE EXPENDITURE OF SAID FUNDS. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard thereon. Miss Guthrie read the following letter: SOUTH BEND CIVIC PLANNING ASSOCIATION, INC. 403 Lincolnway West, South Bend, Indiana South Bend Common Council October 22, 1971 City of South Bend, Indiana Re: Appropriation Ordinance public hearing Monday, October 25 -1971 Mrs. Allen and Gentlemen: The request of members of the Council to appropriate the proceeds of the proposed bond issue to the various projects appears to us to be reasonable and proper. The Council and the public are entitled to know these costs. (Letter continued on next page) REGULAR MEETING COMMITTEE OF THE WHOLE MEETING (Cont.) ORDINANCE - Public Hearing (Cont.) OCTOBER 25, 1971 "When the administration announced the proposed bond issue in June there was a breakdown of It $820,000. for purchase of the Palais, and heating and cooling system for the Morris Auditorium; $800,000. for development of Phase III of Industrial Park; and $370,000. for purchase of land for a civic center between Jefferson, river, Colfax and St. Joseph Streets, a total of $1,990,000., the difference was to cover usual costs of attorneys, printing, etc. necessary to the issuance of bonds, bringing the total to $2,030,000.00 After the presentation of the bond ordinance September 27th the administration revised its plan and eliminated the purchase of the Palais, reducing the total to $1,630,000. to cover "improve- ment of the City owned property known as the Morris Civic Auditorium, including but not limited to the installation of heating, ventilating and air - conditioning equipment" at an estimated cost of $420,000.; "the acquisition, improvement and development of land as a site for a civic center within an area bounded by Michigan Street, Wayne St., LaSalle St., and the St. Joseph River" at an estimated cost of $370,000.; "the construction of streets, curbs, sidewalks and sewers, including the acquisition of any necessary land, easements and rights -of -way in connec- tion therewith within an area north of Lincoln Way West, west of Bendix Dr. and south of the Northern Indiana Toll Road, all within the City of South Bend, Indiana.," at an estimated cost of $800,000.; "and to the extent of funds remaining, the acquisition of land as a site for and the construction and equipment of a fire station; together with the expenses in connection with all of the foregoing including engineering, architectural, appraisal, abstracting, title insura: and legal fees, and the expenses and legal fees on account of the issuance of bonds . ." Certainly the administration did not pick out of the air the figures on which to base the re- quest for funds for the projects proposed and the appropriation ordinance should spell out the amounts as well as the projects planned. In our letter of October 11, 1971 we approved the proposed plan. You will recall, however, that we requested that our comments be kept in mind as the program develops and before funds are ex- pended. It is in line with this that we recommend that unless and until the administration presents to the Council and the public the basis for their figures on these projects that the Council withhold approval of the appropriation of these funds. Respectfully, SOUTH BEND CIVIC PLANNING ASSN. Inc. /s/ William J. Reinke to William J. Reinke, Secretary of Councilman Reinke made a motion that the following amendment to this ordinance be adopted -- beginning on Page 3 of the present Appropriation Ordinance: "NOW, THEREFORE: BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: " Section 1. That the sum of One Million Six Hundred Thirty Thousand Dollars ($1,630,000) be, and the same is, hereby appropriated out of the proceeds of the bonds designated as "Muni- cipal Bonds of 1971" heretofore authorized to be issued to provide funds for the improvement of the City owned property known as the Morris Civic Auditorium, including but not limited to the installation of heating, ventilating and air - conditioning equipment; the acquisition, improve- ment and development of land as a site for a civic center within an area bounded by Michigan Street, Wayne Street, LaSalle Street and the St. Joseph River; the construction of streets, curbs, sidewalks, and sewers, including the acquisition of any necessary land, easements and rights -of -way in connection therewith within an area North of Lincolnway West, West of Bendix Drive, and South of the Northern Indiana Toll Road, all within the City of South Bend, Indiana; and to the extent of funds remaining, the acquisition of land as a site for and the construction and equipment of a fire station; together with the expenses in connection with all of the fore- going including engineering, architectural, appraisal, abstracting, title insurance, and legal fees, and the expenses and legal fees incidental to the issuance of said bonds. Section 2. That said sum of One Million Six Hundred Thirty Thousand Dollars ($1,630,000) is hereby more specifically appropriated as follows: A. The sum of Four Hundred Twenty Thousand Dollars ($420,000) is appropriated to provide funds for the improvement of the City owned property known as the Morris Civic Auditorium, including but not limited to the installation of heating, ventilating and air - conditioning equipment, together with the expenses in connection with all of the foregoing including engi- neering, architectural, appraisal, abstracting, title insurance, and legal fees. B. The sum of Three Hundred Seventy Thousand Dollars ($370,000) is hereby appropriated to provide funds for the acquisition, improvement and development of land as a site for a civic center within an area bounded on the North by the South Right -of -way line of Colfax Avenue; bounded on the East by the West line of the St. Joseph River, including the island and the race- way; bounded on the West by the East right -of -way line of St. Joseph Street and as it is ex- tended to the South Right -of "way line of East Colfax Avenue; and, bounded on the South by the North right -of -way line of East Wayne Street; said land being a portion of the total of approxi- mately Ten and Nine Tenths acres (10.9) intended for such purposes under Urban Renewal Plan Indiana R -66 for the City of South Bend, Indiana, together with the expenses in connection with all of the foregoing including engineering, architectural, appraisal, abstracting, title insurance, and legal fees. REGULAR MEETING OCTOBER 25, 1971 COMMITTEE OF THE WHOLE MEETING (Cont.) ORDINANCE - Public Hearing (Cont.) C. The sum of Eight Hundred Thousand Dollars ($800,00) to provide funds for the construc -" tion of streets, curbs, sidewalks, and sewers, including the acquisition of any necessary land, easements and rights- of -wayin connection therewith within an area North of the South right -of- way line of Lathrop Street, West of the East right-of-way line of Bendix Drive, and South of the North right -of -way line of Cleveland Road, all within the City of South Bend, Indiana, to- gether with the expenses in connection with all of the foregoing including engineering, archi- tectural, appraisal, abstracting, title insurance, and legal fees. D. The sum of Forty Thousand Dollars ($40,000) to provide funds for the expenses and legal fees incidental to the issuance of said bonds. E. To the extent of funds remaining from any of the above specific appropriations, such excess funds are hereby appropriated to provide for the acquisition of land as a site for and the construction and equipment of a fire station within the City of South Bend, Indiana, to- gether with the expenses in connection with all of the foregoing including engineering, archi- tectural, appraisal, abstracting, title insurance, and legal fees. Section 3. This ordinance shall be in full force and effect from and after its passage and signing by the Mayor. /s/ Robert O. Laven is Member of the Common Council- " The motion was seconded by Councilman Laven. The motion was defeated by voice vote. Mr. Kowalski and Mr. Ervin A. Derda, 2205 South Carlisle Street, South Bend, Indiana, spoke against the ordinance saying it was too costly and other important matters should be taken care of within the City first. Miss Fanny Grunwald, 227 South Frances Street, South Bend, Indiana commented that with the City's acquisition of this property it would be taken off the tax rolls and questioned where the money would come from to make up for this reduction. She said the re- tired and unemployed would not be able to afford the taxes. City Attorney Crumpacker said the Federal Government had already purchased the land and new buildings erected would be taxed ac- cordingly. Mrs. Irene Mutzl, 320 Parkovash, South Bend, Indiana, a member of the St. Joseph County Fair Tax Board, said that her organization, too, felt this would be a burden to the tax- payer. Councilman Janet Allen stated that she felt no city of this size should be without a civic theatre and felt there had been a lack of communication because of the cultural center. it will open up the River and it would be unfair now to sell the land back to the original priva owners.. She commented private foundations will build and donate the buildings to the City and no public funds will be involved in erecting said buildings; if the cultural center becomes a burden,-it can be sold. Councilman Laven stated he firmly supported this ordinance and made a motion that the ordinance go to the Council as favorable, seconded by Councilman Craven. Motion carried. Councilman Laven made a motion for a short recess, seconded by Councilman Craven. Motion carried. Time 9:40 P.M. COMMITTEE OF THE WHOLE MEETING - RECONVENED Be it remembered that the Committee of the Whole meeting reconvened in the Council Chambers of the County -City Building on Monday, October 25, 1971 at 9:52 P.M. after a short recess, with 9 members present, none absent, Chairman Grounds presiding. RISE AND REPORT TO COUNCIL There being no further business to be considered before the Committee of the Who e, Chairman Grounds entertained a motion to rise and report to Council, so moved b Counci n Palmer, seconded by Councilman WiMotion carried. Time 9:53 P.M .$ -a ATTEST: / TY C LERK APPROVED: CHAIRMAN- - MEE ING - ED 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, October 25, 1971 at 9:54 P.M. The meet- ing was called to order by Council President Laven who presided. REPORT OF THE COMMITTEE ON MINUTES Your Committee on the inspection and supervision of the minutes would respectfully report that they have inspected the minutes of the October 11, 1971 regular meeting of the Council and found them correct. They therefore recommend that the same be approved. /s/ Robert O. Laven s Janet S. Allen Isl Albert E. Palmer There being no objections, the report was accepted as read and placed on file. CITIZENS REQUESTS - MISCELLANEOUS MATTERS Councilman Janet Allen commented she had received a resolution from the First Brethren Church Official Board, 1210 South Michigan Street, South Bend, Indiana, advising local law enforcement agencies to be particularly vigilent regarding possible violations of obscenity laws. Mrs. Allen requested this resolution be placed on file in the office of the City Clerk. (This reso- lution, and others previously submitted, in remonstrance of the stage production "Hair" being performed at Morris Civic Auditorium.) Councilman Allen further complimented City Prosecutor William E. Voor, Jr. for saying he would be vigilant. REGULAR MEETING OCTOBER 25, 1971 REGULAR MEETING - RECONVENED (Cont. ) REPORT FROM THE AREA PLAN COMMISSION A report from the Area Plan Commission regarding the rezoning petition of the Broadmoor Shop- ping Center, Inc., the Southeast end of the Broadmoor Shopping Center located on Miami Street and Ireland Road in the City of South Bend was read. There being no objections, the report was accepted as read. A report from the Area Plan Commission regarding rezoning property at the Southeast corner of Dubail Avenue and High Street was read. There being no objections, the report was accepted as read. A report from the Area Plan Commission regarding rezoning property at 4004 South Michigan Street Lots 49 & 50, Chippewa Heights, 2nd Addition was read. There being no objections, the report was accepted as read. PETITIONS Petition to amend zoning ordinance We, the undersigned, do hereby respectfully make application and petition the Common Council of the City of South Bend to Amend the Zoning Ordinance of the City of South Bend as hereinafter requested, and in support of this application, the following facts are shown 1. The property sought to be rezoned is located on the North side of East Ireland Road, 656.11 feet East of Michigan Street, immediately West of 229 East Ireland Road, South Bend, Indiana. 2. The property is owned by L. S. Ayres and Company, an Indiana Corporation, and being pur- chased by contract dated September 20, 1971, by Sam Cossman. 3. A legal description of the property is as follows: Lot Number 164 as shown on the re- corded Plat of Myers & Funk's Third Plat of Chippewa Heights Addition to the City of South Bend, St. Joseph County, Indiana. 4. It is desired and requested that the foregoing property be rezoned from A Residential to C Commercial. 5. It is proposed that the property will be put to the following use and the following build- ing will be constructed: the construction of a car wash, along with gasoline pumps. 6. Number of off street parking spaces to be provided: Twenty -two 7. Attached is a copy of a.) an existing plot plan showing my property and other surrounding properties; b.) names and addresses of all the individuals, firms or corporations owning property within 300 feet of the property sought to be rezoned; c.) site development plan. L.S. AYRES AND COMPANY Petition Prepared By /s/ Alexis T. Cholis Alexis T. Cholis, Attorney Councilman Grounds made a further study, seconded by BY: /s/ Richard O. Ristine, VP Signature of Petitioner(s) Its Agent. /s/ Sam Cossman by Alexis T. Cholis, his atty. at Law. 905 St. Joseph Bank Bldg. So. Bend, Ind. notion that this petition be referred to the Area Plan Commission for Councilman Craven. Motion carried. REPORT OF THE COMMITTEE OF THE WHOLE Council President Laven entertained a motion to waive the reading of the Committee of the Whole reports, so moved by Councilman Grounds and seconded by Councilman Zielinski. Motion carried unanimously. ORDINANCES, THIRD READING ORDINANCE NO. 5347 -71 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WASTEWATER TREAT- MENT PLANT OF THE CITY OF SOUTH BEND, INDIANA AND CHICAGO PUMP OF CHICAGO, ILLINOIS FOR THE PURCHASE OF A MODEL 36A COMMINUTOR IN THE AMOUNT OF $13,011.00 This ordinance was given third reading. Councilman Grounds made a motion for passage of the ordinance, seconded by Councilman Zielinski. The ordinance passed by a roll call vote of 9 ayes (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Wise, Palmer and Zielinski), 0 nays, 0 absent. •.y REGULAR MEETING REGULAR MEETING - RECONVENED (Cont.) ORDINANCES, THIRD READING (Cont.) ORDINANCE NO. 5348 -71 OCTOBER 25, 1971 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WATER WORKS OF THE CITY OF SOUTH BEND, INDIANA AND THE NATIONAL CASH REGISTER COMPANY OF MISHAWAKA, INDIANA, FOR THE PURCHASE OF REMITTANCE CONTROL MACHINES AND CHANGE DISPENSERS IN THE AMOUNT OF $12,622.78 This ordinance was given third reading. Councilman Zielinski made a motion for passage of the ordinance, seconded by Councilman Palmer. The ordinance passed by a roll call vote of 9 ayes (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Wise, Palmer, and Zielinski), 0 nays, 0 absent. ORDINANCE NO. 5349 -71 AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $3,000.00 FROM THE GENERAL FUND TO ACCOUNT T -726, "OTHER EQUIPMENT" IN THE TRAFFIC DEPARTMENT, SAID ACCOUNT BEING WITHIN THE GENERAL FUND This ordinance was given third reading. Councilman Janet Allen moved for passage of the ordi- nance, seconded by Councilman Zielinski. The ordinance passed by a roll call vote of 9 ayes (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Wise, Palmer and Zielinski), 0 nays, 0 absent. ORDINANCE NO. 5350 -71 AN ORDINANCE AMENDING ORDINANCES 5215 -70 AND 5322 -71 PERTAINING TO SALARIES BY ADDING A NEW POSITION. This ordinance was given third reading. Councilman Reinke moved for passage of the ordinance, seconded by Councilman Zielinski. The ordinance passed by a roll call vote of 9 ayes (Council- men Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Wise, Palmer and Zielinski), 0 nays, 0 absent. ORDINANCE NO. 5351 -71 AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS TO ACCOUNT NO. K -214, "TELEPHONE AND TELEGRAPH ", IN THE AMOUNT OF $300.00 AND TO ACCOUNT NO. K -37, "OTHER SUPPLIES ", IN THE AMOUNT OF $500.00, AND THE TRANSFER OF SAME FROM ACCOUNT NO. K -726, "OTHER EQUIP- MENT", ALL ACCOUNTS BEING IN THE MORRIS CIVIC AUDITORIUM BUDGET IN THE GENERAL FUND This ordinance was given third reading. Councilman Grounds moved for passage of the ordinance, seconded by Councilman Zielinski. Councilman Janet Allen commented about the old seats from the Morris Auditorium being sold for about 15 cents a piece. She said in the future before the properties are disposed of, some church might better benefit by receiving these as a gift. The ordinance passed by a roll call vote of 9 ayes (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Wise, Palmer and Zielinski), 0 nays, 0 absent. ORDINANCE NO. 5352 -71 AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $10,000.00 TO ACCOUNT NO. U -321, "GASOLINE ", AND THE TRANSFER OF SAID SUM FROM ACCOUNTS U -221, "ELECTRIC CURRENT ", AND U -262, "DATA PROCESSING ", ALL ACCOUNTS BEING IN THE MUNICIPAL SERVICES FACILITY BUDGET IN THE GENERAL FUND. This ordinance was given third reading. Councilman Grounds moved for passage of the ordinance, seconded by Councilman Craven. Councilman Craven commented that if the gas is being furnished to other departments and reimbursement is going into the general fund, this money should be transferred from the general fund before it is transferred from other funds. He suggested this required an appropriation. Mr. Crumpacker said to request an appropriation requires going through the State Tax Board which takes time and expense and with the short time left to the present Administration, it would save money by doing it this way. The ordinance passed by a roll call vote of 9 ayes (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Wise, Palmer'and Zielinski), 0 nays, 0 absent. ORDINANCE APPROPRIATION ORDINANCE NO. 5353 -71 AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING THE SUM OF ONE MILLION SIX HUNDRED THIRTY THOUSAND DOLLARS ($1,630,000) FOR THE IM- PROVEMENT OF THE CITY OWNED PROPERTY KNOWN AS THE MORRIS CIVIC AUDITORIUM, INCLUDING BUT NOT LIMITED TO THE INSTALLATION OF HEATING, VENTILATING AND AIR - CONDITIONING EQUIPMENT; THE ACQUISITION, IMPROVEMENT AND DEVELOPMENT OF LAND AS A SITE FOR A CIVIC CENTER WITHIN AN AREA BOUNDED BY MICHIGAN STREET, WAYNE STREET, LA SALLE STREET AND THE ST. JOSEPH RIVER; THE CON- STRUCTION OF STREETS, CURBS, SIDEWALKS, AND SEWERS, INCLUDING THE ACQUI- SITION OF ANY NECESSARY LAND, EASEMENTS AND RIGHTS -OF -WAY IN CONNECTION THEREWITH WITHIN AN AREA NORTH OF LINCOLNWAY WEST, WEST OF BENDIX DRIVE, AND SOUTH OF THE NORTHERN INDIANA TOLL ROAD, ALL WITHIN THE CITY OF SOUTH BEND, INDIANA; AND TO THE EXTENT OF FUNDS REMAINING, THE ACQUISITION OF LAND AS A SITE FOR AND THE CONSTRUCTION AND EQUIPMENT OF A FIRE STATION; TOGETHER WITH THE EXPENSES IN CONNECTION WITH ALL OF THE FOREGOING IN- CLUDING ENGINEERING, ARCHITECTURAL, APPRAISAL, ABSTRACTING, TITLE IN- SURANCE, AND LEGAL FEES, AND THE EXPENSES AND LEGAL FEES ON ACCOUNT OF THE ISSUANCE OF BONDS THEREFOR AND DECLARING THAT AN EXTRAORDINARY EMER- GENCY EXISTS FOR THE EXPENDITURE OF SAID FUNDS. (continued on next page) REGULAR MEETING REGULAR MEETING - RECONVENED (Cont.) ORDINANCES, THIRD READING (Cont.) APPROPRIATION ORDINANCE NO. 5353 -71 (Cont.) OCTOBER 25, 1971 This ordinance was given third reading. Councilman Craven moved for passage of the ordinance, seconded-by Councilman Palmer. Councilman Reinke commented that he felt the Council was re- sponsible for giving a breakdown of how the moneys in this ordinance were to be spent; we budget moneys for other items and so we should for this. He stated he was disappointed that the amend- ment he offered for this ordinance did not pass. The ordinance passed by a roll call vote of 9 ayes (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Wise, Palmer and Zielinski 0 nays, 0 absent. ORDINANCES, FIRST AND SECOND READING ORDINANCE AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA -1962 SECTION 40 AS AMENDED AND GEN- ERAL ORDINANCE NO. 4990 -68, AND THE ACCOMPANYING MAP THERETO, GENERALLY KNOWN AS THE SOUTH BEND ZONING ORDI- NANCE BY CHANGING THE CLASSIFICATION OF THE USE DISTRICT FOR A CERTAIN PARCEL OF LAND. (Southeast end of the Broadmoor Shopping Center - McDonald's) This ordinance was given first and second reading. Councilman Reinke made a motion that the ordinance be set for public hearing on November 8, 1971, seconded by Councilman Craven. Motion carried. roki -OWN && C" N AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO. 4990 -68 CHAPTER 40 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, FORMERLY REFERRED TO AS ZONING ORDINANCE NO. 3702 AS AMENDED. (Southeast corner of Dubail Avenue and High Street) This ordinance was given first and second reading. Councilman Zielinski made a motion that the ordinance be set for public hearing on November 8, 1971, seconded by Councilman Craven. Motion carried. ORDINANCE 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). (4004 S. Michigan Street - Veterinary Hospital) This ordinance was given first and second reading. Councilman Craven moved the ordinance be set for public hearing on November 8, 1971, seconded by Councilman Zielinski. Motion carried. ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WATER WORKS OF THE CITY OF SOUTH BEND, INDIANA, AND STICKLER PLUMBINGc HEATING, INC., FOR THE INSTALLATION OF A BOILER IN THE SUM OF $7,143.00. This ordinance was given first and second reading. Councilman Szymkowiak moved that the ordi- nance be for public hearing on November 8, 1971, seconded by Councilman Grounds. Motion carried. ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $300.00 to ACCOUNT Q -224, "WATER ", AND THE TRANSFER OF SAME FROM ACCOUNT Q -12, "DRIVERS AND SCUBA DIVERS, RECALL AND HOLIDAY PAY ", IN THE FIRE DEPARTMENT BUDGET, ALL BEING WITHIN THE GENERAL FUND. This ordinance was given first and second reading. Councilman Grounds moved that public hear- ing for this ordinance be set for November 8, 1971, seconded by Councilman Palmer. Motion carried. ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $800.00 TO ACCOUNT Q -221, "ELECTRIC CURRENT," AND THE TRANSFER OF SAME FROM ACCOUNT Q -12, "DRIVERS AND SCUBA DIVERS, RECALL AND HOLIDAY PAY" IN THE FIRE DEPARTMENT BUDGET, ALL BEING WITHIN THE GENERAL FUND. This ordinance was given first and second reading. Councilman Grounds moved the ordinance be set for public hearing on November 8, 1971, seconded by Councilman Craven. Motion carried. • G73 3 REGULAR MEETING OCTOBER 25, 1971 REGULAR MEETING - RECONVENED (Cont.) UNFINISHED BUSINESS Councilman Janet Allen suggested to Mr. Crumpacker that the Board of Public Works and Safety, at their meeting the following day, might remind the citizenry that the temporary burning ordinance is only for leaf burning and not for garbage and other refuse; and that the City will pick up bagged leaves placed next to garbage containers. There being no.-, further business, new or unfinished, to come before the Council, Councilman Palmer made a motion to adjourn, seconded by Councilman Zielinski. Motion carried. Time 10:22 ATTEST: APPROVED: F 1'1'Y C:Lr:KK PRESIDENT— - �-