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HomeMy WebLinkAbout11-08-71 Council Meeting MinutesREGULAR MEETING NOVEMBER 8, 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, November 8, 1971, at 8 :05 P.M. with six mem- bers present, three absent. The meeting was called to order by Council President Robert 0. Laven who presided. The invocation was given by Reverend Jack O. Burrell, Calvary Baptist Church, 1002 Blaine Avenue, South Bend, Indiana. RnT.T. rA T.T. PRESENT: Councilmen Laven, Allen, Reinke, Craven, Grounds and Szymkowiak. ABSENT: Councilmen Wise, Palmer and Zielinski. Council President Laven announced that in the absence of City Clerk Mrs. Kathryn L. Blough, readings would be given by Chief Deputy Clerk Mrs. Loretta DeWitte. RESOLVE INTO THE COMMITTEE OF THE WHOLE Council President Laven entertained a motion to resolve the Council into the Committee of the Whole. Councilman Gerald C. Reinke so moved, seconded by Councilman Frederick D. Craven. Motion carried. Time 8:07 P.M. COMMITTEE OF THE WHOLE MEETING Be it remembered that the Common Council of the City of South Bend, Indiana met in the Com- mittee of the Whole in the Council Chambers of the County -City Building on Monday, 11/8/71, at.8:08 P.M. with six members present, three absent (Councilmen Wise, Palmer and Zielinski). The meeting was called to order by Chairman William W. Grounds who presided. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO. 4990 - Chapter 40 OF THE MUNICIPAL CODE (formerly Zoning Ordinance No. 3702) (Known as 2417 E. Edison Road, South Bend, Ind.) 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. Douglas Carpenter of the Area Plan Commission stated that this ordinance originally passed on September 17, 1970 but, with no action taken thereafter, the property reverted back to its original zoning; time limit is one year. The petitioners requested a 12 month extension from the Area Plan Commission and an extension is not permitted so the staff initiated action for the petitioners. The situa- tion was further complicated by the change of the Postal Department from a Government agency to the Postal Corporation. After proper advertising of the petition, the Area Plan Commis- sion voted in favor of passage of the ordinance for this Postal Sub - station. Mr. Carpenter then showed a map of the proposed construction which showed a large building with 17 parking spaces in front; the area in the rear for postal trucks and vehicles, etc. He stated that the present site contains a vacant home and garage. The Postal Corporation is ready to start building soon. He stated the Area Plan Commission recommends in favor of passage for this ordinance. Councilman Reinke asked if the site plan had been altered from the original plan and Mr. Carpenter replied that it had not. Councilman Walter M. Szymkowiak made a motion that this ordinance go to the Council as favorable, seconded by Councilman Janet Allen. Motion carried. REGULAR MEETING NOVEMBER 8, 1971 REGULAR MEETING - (Cont.) COMMITTEE OF THE WHOLE MEETING - (Cont. ORDINANCE 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. (Known as Southeast Corner of Dubail Avenue and High Street) This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard thereon. Attorney Irving J. Smith, with offices at 806 Tower Building, South Bend, Indiana,represented the petitioners and stated the rezoning was sought for the purpose of building a residence fcr'9 male and 9 female physically handicapped young adults, with two parent housecouples. He stated the project is being fostered by the Sycamores, Inc. of Indianapolis, Indiana and the Indiana Baptist Association for non - sectarian aid for such handicapped. He showed a picture of the proposed building which was felt would enhance the neighborhood adjacent to Studebaker Elementary School. He said such homes are being erected in other parts of Indiana and the United States and have been approved for this area by the Council for the Retarded of St. Joseph County. He then introduced Reverend Royce L. Jones, 1350 Delaware Street, Indianapolis, Indiana, Executive Director of the project. Rev. Jones stated this home would serve as a place for trainable retarded and handicapped people to develop skills of cooking, laundry, housekeeping and everyday living under proper supervision. The proposed home is located only 5 blocks away from the rehabilitation workshop where they are employed and trained to become productive citizens. Mr. Kowalski and Miss Fanny Grunwald, 227 South Frances Street, South Bend, Indiana, asked why this particular location was chosen and why such children, who are now living in their own homes, cannot stay at home. Mr. Smith said these handicapped are not children but young adults who, because their parents have died, or have retired and can no longer support them, must have a place to live but need training and proper supervision. Miss Virginia Guthrie, Executive Secretary of the Civic Planning Association asked how the home would be supported. Rev. Jones stated the home will be constructed to the needs of the physically handicapped and will meet the National Codes set up by H.E.W. He said the occupants will be supported by trusts, inheritances and State rehabilitation vocational funds if they are over 21; under 21 years of age they are supported by the County Welfare. He said as they are gainfully employed they will pay their own room and board and no one living in this home will add to the tax burden of the City's citizens. Mr. Haselton commented that he was a teacher and was concerned because he personally had seen young boys accosting and inflicting physical cruelty on such handicapped persons. He said the area selected is a rough neighborhood and there is a school directly across the street. Councilman Craven agreed and cautioned the petitioners that this was a poor location and such handicapped residents are subject to possible cruelty of young children. Mr. Odell Newburn, Chairman of Model Neighborhood Planning Agency, stated, rough neighborhood or not, we can no longer continue to run from these spots; we must rehabilitate these areas. Councilman Reinke asked how many of these homes there were in Indiana. Rev. Jones commented there were 3 in Indianapolis and one nearly ready for occupation in LaFayette and others in Elkhart, Gary and Columbus. Councilman Reinke made a motion that the ordinance go to the Council as favorable, seconded by Councilman Craven. Motion carried. 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). (Known as 4004 S. Michigan St. - Veterinary Hospital) This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard thereon. The Clerk read the following letter: THORNBURG, McGILL, DEAHL, HARMAN, CAREY & MURRAY Attorneys At Law 645 -695 First Bank Building South Bend, Indiana 46601 COMMON COUNCIL OF THE CITY OF SOUTH BEND County -City Building South Bend, Indiana 46601 In re: Rezoning Petition of Loyal I. Wilson and Trois W. Wilson 4004 South Michigan Street Gentlemen and Mrs. Allen: On behalf of Loyal I. Wilson and Trois W. Wilson, Petitioners of a certain peti- tion filed September 8, 1971, to rezone from "A" residential to "C" Commercial a certain parcel of real estate described as Lots Numbered 49 and 50, Chippewa Heights 2nd Addition to the City of South Bend, also commonly known as 4004 South Michigan Street, South Bend, Indiana, you are hereby requested to dismiss said petition and terminate any further proceedings requested therein. For your information, the Area Plan Commission recommended this petition un- favorably after public hearing held on October 19, 1971. JCDj r /yg cc: Loyal I. Wilson It David 0. Frey, DVN Very truly yours, THORNBURG, McGILL, DEAHL, HARMAN, CAREY & MURRAY /s/ Jack C. Dunfee, Jr. Jack C. Dunfee, Jr. 1 M REGULAR MEETING NOVEMBER 8, 1971 REGULAR MEETING - (Cont.) COMMITTEE OF THE WHOLE MEETING - (Cont.) ORDINANCE - Cont. Councilman Laven made a motion that the above communication be accepted and the public hearing terminated, seconded by Councilman Szymkowiak. Motion carried. ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WATER WORKS OF THE CITY OF SOUTH BEND, INDIANA, AND STICKLER PLUMBING & HEATING, INC., FOR THE INSTALLATION OF A BOILER IN THE SUM OF $7,143.00. 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, Superintendent of the Water Works, read the'following letter: "TO: Members of the Common Council October 20, 1971 " FROM: John L. Hunter, Director of Utilities RE: Installation of Boiler Since Indiana & Michigan Electric Company will no longer provide steam heat to our building, it will be necessary for us to provide our own heat. Charles W. Cole & Son Incorporated was appointed to design and plan the system. Based on specifica- tions prepared by this firm we advertised for bids in the September 17 and 24, 1971 editions of two news papers. The Board-of Water Commissioners received bids on October 4, 1971 and referred them to the consulting engineering firm for review and recommendation. Attached is a copy of the bid tabulation sheet and a letter from Charles W. Cole & Son Incorporated recommending that a contract be awarded to Stickler Plumbing & Heating, Inc., the low bidder. The base bid is for basic installation of the boiler, etc., and the Alternate M -1 work is for the installation of the proper thermostats, etc. The Board entered into a contract with Stickler Plumbing & Heating, Inc. on October 18. We are asking for your approval so the installation may be completed this year. /s/ John L. Hunter "Attachments m Councilman Reinke made a motion this ordinance go to the Council as favorable, seconded by Councilman Szymkowiak. 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 being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard thereon. William Diedrich, Assistant Fire Chief stated the reason for this request was for the new fire station and this money will be used there. The transfer of funds is possible for it was not necessary to use all moneys for recall pay. Councilman Laven moved that the ordinance go to the Council as favorable, seconded by Councilman Craven. Motion carried. nVnTMAMOR AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $800.00 TO ACCOUNT Q -2210 "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 being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard thereon.. Chief Diedrich commented that these funds were needed for the same new station as in the above ordinance, therefore he was re- questing the transfer. Councilman Laven made a motion the ordinance go to the Council as favor- able, seconded by Councilman Janet Allen. Motion carried. REGULAR MEETING NOVEMBER 8, 1971 REGULAR MEETING - (Cont.) COMMITTEE OF THE WHOLE MEETING - (Cont.) RISE AND REPORT TO COUNCIL There being no further business to be considered before the Committee of the Whole, Chairman Grounds entertained a motion to rise and report to Council, and also for a short recess, so moved by Councilman Craven, seconded by Councilman Szymkowiak. Motion carried. Time 9:22 P.M. ATTEST: CITY CLERK REGULAR MEETING - RECONVENED A PROVED: (A c 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, November 8, 1971 at 9 :40 P.M. after a recess. The meeting 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 25, 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 7-s7-Albert E. Palmer There being no objections, the report was accepted as read and placed on file. CITIZENS REQUESTS - MISCELLANEOUS MATTERS City Engineer Lloyd Taylor introduced a young exchange student, John Hakunson from Sweden, majoring in city government. Mr. Taylor commented that this meeting would provide the young man with a good example for his studies. Mr. Robert G. Swanson, 2734 Arrowhead Drive, President of the Michiana Chapter of the National Paraplegia Foundation, thanked the Council for sending a letter to the Indiana State Building Commissioner in behalf of the paraplegics. He commented that there are no accessible rest rooms in this building, as well as others, for the physically handicapped and such persons employed here would have a difficult time. He said such is the case in the parking garages; there are no reserved parking spaces for persons in wheel chairs, crutches, etc. and no ramps giving access to elevators. He urged the Council to enforce the building codes so that proper facilities could be installed for the handicapped in all future buildings. Mrs. Glen Slusser, 541 Klinger Street, South Bend, Indiana also urged the Council for such enforcement of the building codes. Councilman Janet Allen suggested that these spokesmen present their pleas.to the County Com- missioners as they are in charge of this building; and also to the Redevelopment Department and the City Engineer to enforce these codes. Mrs. Allen stated that Forrest West, Building Commis- sioner, had assured her that the BOCA Code included provisions for the handicapped. REPORT FROM THE CONTROLLER Report from City Controller James A. Bickel showing expenditures for the month of September 1971 was submitted to the Council. The report was accepted and placed on file. 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 at 137 North Shore Drive, South Bend, Indiana. 2. The property is owned by William E. Shrum and June L. Shrum, husband and wife, and is being purchased by Eugene F. Stewart and Georgia V. Stewart, husband and wife. 3. A legal description of the property is as follows: Lot Numbered Nine (9) in Studebaker Leeper Ave Addition to the City of South Bend, Indiana. 4. It is desired and requested that the foregoing property be rezoned From A Use and A Height and Area District To B Use and A Height and Area District. 5. It is proposed that the property will be put to ing will be constructed: The present structure insurance office to be used by Mr. Eugene F. St, approximate 400 square feet; the remainder of house by the petitioners, Eugene F. Stewart and family. the following use and the following build - will be partially remodeled for a small ewart, utilizing the garage, consisting of the structure to :occupied as a dwelling Georgia V. Stewart, husband and wife, and (Petition continued on next page) REGULAR MEETING NOVEMBER 8, 1971 REGULAR MEETING - RECONVENED - (Cont.) PETITIONS - (Cont.) 6. Number of off street parking spaces to be provided: Not less than 4. 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. /s/ Joseph G. Ettl Signature of Petitioner Joseph G. Ettl, Authorized Agent 306 Lafayette bldg., South Bend, Indiana 46601 Petition prepared by: Joseph G. Ettl Councilman Grounds made a motion that the petition be sent to the Area Plan Commission for fur- ther study, seconded by Councilman Janet Allen. 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 Craven, seconded by Councilman Grounds. Motion carried unanimously. ORDINANCES, THIRD READING ORDINANCE NO. 5354 -71 AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO. 4990 - CHAPTER 40 OF THE MUNICIPAL CODE (formerly Zoning Ordinance No. 3702) (Known as 2417 E. Edison Road, South Bend, Ind.) This ordinance was given third reading. Councilman Janet Allen made a motion for passage of the ordinance, seconded by Councilman Grounds. The ordinance passed by a roll call vote of 6 ayes, 0 nays, 3 absent (Councilmen Wise, Palmer and Zielinski). ORDINANCE NO. 5355 -71 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA - 1962 SECTION 40 AS.AMENDED, AND GENERAL 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. (Known as Kensington Farms Subdivision, Third Section, Part 2) This ordinance was given third reading. Councilman Grounds made a motion for amendment in Section 2 of this Ordinance, as follows: "This ordinance shall be in full force and effect from and after the effective date of the annexation covering the subject tract." The motion was seconded by Councilman Reinke. Motion carried. Councilman Reinke moved for passage of the ordinance, as amended, seconded by Councilman Grounds. The ordinance passed by a roll call vote of 6 ayes, 0 nays, 3 absent (Councilmen Wise, Palmer and Zielinski). ORDINANCE NO. 5356 -71 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 (Known as Southeast Corner of Dubail Avenue and High Street) The ordinance was given third reading. Councilman Reinke made a motion for passage of the ordinance, seconded by Councilman Grounds. The ordinance passed by a roll call vote of 6 ayes, 0 nays, 3 absent (Councilmen Wise, Palmer and Zielinski). ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (Chapyer 40, Municipal Code). (Known as 4004 S. Michigan St. - Veterinary Hospital) Referring to a letter on behalf of the petitioners and signed by Attorney Jack C. Dunfee, Jr., which was read during the public hearing on this ordinance, Council President Laven entertained. a motion to strike this ordinance from the record, so moved by Councilman Grounds and seconded by Councilman Reinke. The motion carried by a roll call vote of 6 ayes, 0 nays, 3 absent (Councilmen Wise, Palmer and Zielinski). REGULAR MEETING NOVEMBER 8, 1971 REGULAR MEETING - RECONVENED - (Cont.) ORDINANCES, THIRD READING - (Cont.) ORDINANCE NO. 5357 -71 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WATER WORKS OF THE CITY OF SOUTH BEND, INDIANA, AND STICKLER PLUMBING & HEATING, INC., FOR THE INSTALLATION OF A BOILER IN THE SUM OF $7,143.00 This ordinance was given third reading. Councilman Reinke made a motion for passage of the ordinance, seconded by Councilman Craven. The ordinance passed by a roll call vote of 6 ayes, 0 nays, 3 absent (Councilmen Wise, Palmer and Zielinski). ORDINANCE NO. 5358 -71 AN ORDINANCE POP, 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 third reading. Councilman Grounds made a motion for passage of the ordinance, seconded by Councilman Janet Allen. The ordinance passed by a roll call vote of 6 ayes, 0 nays, 3 absent (Councilmen Wise, Palmer and Zielinski). ORDINANCE NO. 5359 -71 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 third reading. Councilman Janet Allen moved for passage of the ordi- nance, seconded by Councilman Grounds. The ordinance passed by a roll call vote of 6 ayes, 0 nays, 3 absent (Councilmen Wise, Palmer and Zielinski). ORDINANCES, FIRST AND SECOND READING ORDINANCE AN ORDINANCE AMENDING CHAPTER 11 SECTION 11 -18, ORDINANCE NUMBERS 3913, 0 7, AND 4537 -62, h 3, OF THE MUNICIPAL CODE OF THE.CITY OF SOUTH BEND, INDIANA, PROVIDING FOR STANDARDS FOR INSTALLATION OF ELECTRICAL EQUIPMENT GENERALLY This ordinance was given first and second reading. Councilman Szymkowiak made a motion that the ordinance be set for public hearing on November 22, 1971, seconded by Councilman Janet Allen. Motion carried. ORDINANCE AN ORDINANCE APPROPRIATING THE SUM OF $36,000.00.FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND. This ordinance was given first and second reading. Councilman Reinke made a motion that this ordinance be held for public hearing on November 22, 1971, seconded by Councilman Grounds. Motion carried. ORDINANCE AN ORDINANCE FURTHER AMENDING CHAPTER 9, SECTIONS 2 AND 3, BEING ORDINANCE NUMBER 4381, SECTIONS 1 AND 4, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, BY PROVIDING FOR THE ADOPTION OF A ONE AND TWO FAMILY DWELLING CODE. This ordinance was given first and second reading. Councilman Reinke made a motion that the ordinance be set for public hearing on November 22, 1971, seconded by Councilman Craven. Motion carried. ORDINANCE NO. 5360 -71 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WASTEWATER TREATMENT PLANT OF THE CITY OF SOUTH BEND, INDIANA, AND AULM CONSTRUCTION CO., INC., FOR THE CONSTRUCTION OF A METAL INSULATED BUILDING IN THE SUM OF $13,151.00 This ordinance was given first and second reading. Council President Laven entertained a motion to suspend the rules and hold the public hearing now at this meeting, so moved by Councilman Grounds and seconded by Councilman Craven. Motion carried by a roll call vote of 6 ayes, 0 nays, 3 absent (Councilmen Wise, Palmer and Zielinski). (Continued on next page) REGULAR MEETING NOVEMBER 8, 1971 REGULAR MEETING - RECONVENED - (Cont.) ORDINANCES, FIRST AND SECOND READING - (Cont.) ORDINANCE NO. 5360 -71 - (Cont.) Mr. David A. Wells of the Engineering, .Department read the following letter. "Memo to: Members of the Common Council November 3, 1971 " Subject: Approval of Contract for Construction of a Storage Garage at the Wastewater Treatment Plant Several years ago, the Wastewater Plant purchased a unit called a "Vacctor "' which, in two seasons, has resulted in making preventive maintenance on the South Bend sewer system a reality rather than wishful thinking. As with many improvements, certain problems seem to be associated with them. In this case, winter storage is a problem. Because the unit has various pumps and reservoirs for water, freez- ing of the unit would probably result in serious damage to the Vactor.. There- fore heated storage of the unit is required. Last year we were fortunate in being able to lease storage space from PTC. Be- cause their storage space has been severely curtailed, PTC is no longer able to accommodate the unit in their facility. A preliminary investigation to expand the present garage building at the Waste- water Plant was prohibitively expensive. The estimate was about $19.00 per square foot for the masonry construction. An alternative of a pre - fabricated metal building was then considered. As a result of bidding, Aulm Construction Co., Inc. bid results in a cost of about $7.00 per square foot for a building which will accommodate the Vactor and also other seasonal equipment used at the Plant, such as mowing equipment. The building will be approximately 30x60 feet and located west of the present digestors, between the digestors and the boundary fence. We recommend that this contract be approved for this addition which in needed rather urgently. Because of the present need, we would,also request that your body suspend your rules on this ordinance and have all three readings on November 8, 1971. This will allow us to get this construction underway more quickly. /s/ David A. Wells "cc: Lloyd S. Taylor The ordinance was then given third reading. Councilman Grounds moved for passage of the ordinance, seconded by Councilman Szymkowiak. The ordinance passed by a roll call vote of 6 ayes, 0 nays, 3 absent (Councilmen Wise, Palmer and Zielinski). ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION IN THE MOTOR VEHICLE HIGHWAY FUND FROM ACCOUNT MVH -63, "RETIREMENT ", IN THE AMOUNT OF $25,000.00, AND THE TRANSFER OF SAID SUM TO ACCOUNT MVH -722, "MOTOR EQUIPMENT ". This ordinance was given first and second reading. Councilman Grounds made a motion the ordi- nance be set for public hearing on November 22, 1971, seconded by Councilman Szymkowiak. Motion carried. ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION TO ACCOUNT P -262, "MEDICAL, SURGICAL AND DENTAL" IN THE AMOUNT OF $1,000.00, ACCOUNT P -323, "TIRES AND TUBES" IN THE AMOUNT OF $800.000 ACCOUNT P -722 "MOTOR EQUIPMENT" IN THE AMOUNT OF $5,800.00,AND THE TRANSFER OF SAID SUMS FROM ACCOUNT P -12, "SERVICES PER- SONAL", IN THE POLICE DEPARTMENT BUDGET, ALL BEING WITH THE GENERAL FUND. The ordinance was given first and second reading. Councilman Reinke made a motion that this ordinance be set for public hearing on November 22, 1971, seconded by Councilman Grounds. Motion carried. ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WASTEWATER TREATMENT PLANT OF THE CITY OF SOUTH BEND, INDIANA, AND HITE EQUIPMENT REPAIR, INC., FOR THE PURCHASE OF A CASE 4 -WHEEL RUBBER TIRE LOADER IN THE SUM OF $18,800.00 The ordinance was given first and second reading. Councilman Grounds made a motion that this ordinance be set for public hearing on November 22, 1971, seconded by Councilman Szymkowiak. Motion carried. REGULAR MEETING REGULAR MEETING - RECONVENED - (Cont.) RESOLUTIONS RESOLUTION NO. 288 -71 NOVEMBER 8, 1971 A RESOLUTION TO ENABLE RESIDENTS AND /OR PROPERTY OWNERS OF THE CITY OF SOUTH BEND TO APPLY FOR LOW COST FEDERAL FLOOD INSURANCE. WHEREAS, certain areas of the City of South Bend, Indiana, are subject to peri- odic flooding from the St. Joseph River and its tributaries, causing serious damages to pro- perties within these areas; and WHEREAS, relief is available in the form of Flood Insurance as authorized by the National Flood Insurance Act of 1968 as amended; and WHEREAS, the City of South Bend, Indiana has the authority to adopt the land use and management criteria as required by the National Flood Insurance Act of 1968, as amended, in accordance with Indiana Code 1971, Title 18, Article 7, Chapter 7 (formerly Chapter 174, Acts of 1947, as amended) or Indiana Code 1971, Title 18, Article 7, Chapter 4 (formerly Chapter 138, Acts of 1957, as amended); and WHEREAS, it is the intent of this City of South Bend, Indiana to comply with land use and management criteria regulations as required in said National Flood Insurance Act; and WHEREAS, it is also the intent of this City of South Bend, Indiana to recognize and duly evaluate flood hazards in all official actions relating to land use in the flood plain areas having special flood hazards; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of South Bend, Indiana hereby assures the Federal Insurance Administration that it will take proper action as follows: (1) Enact by December 1, 1971, and maintain in force for those areas, adequate land use and control measures with effective enforcement provisions consistent with the criteria set forth in Section 1910 of the National Flood Insurance Regulations; and (2) If necessary, seek State enabling legislation conferring authority to enact land use and control measures designed to reduce the exposure of property to flood loss; and (3) Take such other official action as may be reasonably necessary to carry out the objectives of the program. Such actions will include, but not be limited to: (a) Assisting the Federal Insurance Administrator, at his request, in de- lineating the limits of the flood plain(s) having special flood hazards on available local maps of sufficient scale to identify the location of the building sites. (b) After flood insurance is made available, furnishing representatives of the National Flood Insurers Associations (also appropriate Federal agencies, upon request) and the Department of Natural Resources of the State of Indiana, information concerning new or sub- stantially improved structures within the areas of special flood hazards. This information will include floor elevations (Mean Sea Level Datum, General Adjustment of 1929) and, if there is a basement, the distance between the first floor and the bottom of the lowest opening where water flowing on the ground may enter. (c) Cooperating with Federal State, Local agencies or others who will under- take to study, survey, map and identify flood -prone areas as well as cooperating with contiguous areas or jurisdictions with respect to adjoining and adjacent flood plains in order to prevent aggravation of the flooding problems. (d) Providing the name of the individual and the office that will be re- sponsible for furnishing the first floor elevation information. BE IT FURTHER RESOLVED, that this Common Council hereby appoints the Board of Public Works and Safety with the responsibility, authority and means to implement the commitments made herein. /s/ Robert O. Laven Member of the Common Council Public hearing on this resolution was continued from the last regular meeting of October 11, 1971, when it was read for the first time and public hearing was continued so that further information on same could be submitted. Additional information was submitted in written form to all Council members by the Engineering Department. This insurance is available to residents in certain areas at reasonable cost. This type of insurance is not available on the open market but can be pur- chased from private insurance firms. Councilman Grounds moved for adoption of the resolution, seconded by Councilman Szymkowiak. The resolution passed by a roll call vote of 6 ayes, 0 nays, 3 absent (Councilmen Wise, Palmer and Zielinski). RESOLUTION NO. 289 -71 A RESOLUTION FOR AN ADDITIONAL APPROPRIATION IN ACCOUNT G -262, "LAW BOOKS ", IN THE OFFICE OF CITY ATTORNEY IN THE AMOUNT OF $250.00, AND THE TRANSFER OF SAID SUM FROM ACCOUNT G -213, "TRAVELING EXPENSES ", ALL BEING WITHIN THE GENERAL FUND. (Resolution continued on next page) REGULAR MEETING NOVEMBER 8, 1971 REGULAR MEETING - RECONVENED (Cont.) RESOLUTIONS - (Cont) RESOLUTION NO. 289 -71 - (Cont.) 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 appropriated in the annual budget for the various functions of City Government to meet such extraordinary conditions; and WHEREAS, additional funds for Account G -262, "Law Books ", are needed by the Office of City Attorney 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: $250.00 in Account G -213 designated as "Traveling Expenese". NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana: SECTION I. That the sum of $250.00 be transferred from Account G -213, "Traveling Expenses ", to Account G -262, "Law Books ", both of said accounts in the Office of City Attorney Budget being within the General Fund. /s/ William W. Grounds Member of the Common Council A public hearing on this resolution was held at this time. Mr. Crumpacker said the present set of reference books came from the City Judge's Chambers when the office was dissolved and were quite old and not up to date; transfer of these funds will be used to bring the law library up to date. Miss Guthrie questioned the moneys presently allotted for law books and inquired why additional moneys were needed. Mr. Crumpacker stated the updating needs to be done from 1957 and that the volumes were expensive. Councilman Janet allen commented that moneys are appro- priated in each year's budget for books to this library and asked if a search through various offices in the building might not turn up some of the missing volumes which, in some cases, might have been borrowed and not returned. She further suggested an inventory of purchases might be obtained through the purchasing office. Mr. Crumpacker stated there was no way of knowing if certain purchases were ever made since the records do not go back that far. Council- man Janet Allen asked if there was a reason this updating should be done this year and ques- tioned the need for money in the budget for this item each year. Mr. Crumpacker said this was the year to do this. Councilman Grounds made a motion to adopt the resolution, seconded by Councilman Szymkowiak. The resolution passed by a roll call vote of 5 ayes, 1 nay, 3 absent (Councilmen Wise, Palmer and Zielinski). RESOLUTION NO. 290 -71 A RESOLUTION FOR AN ADDITIONAL APPROPRIATION IN ACCOUNT MVH -64, "EMPLOYEES' GROUP INSURANCE ", IN THE BUDGET OF THE MOTOR VEHICLE HIGHWAY DEPARTMENT IN THE AMOUNT OF $800.00, AND THE TRANSFER OF SAID SUM FROM ACCOUNT MVH -62, "SOCIAL SECURITY ", BOTH ACCOUNTS BEING IN THE SAME CATEGORY IN THE MOTOR VEHICLE HIGHWAY 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 appropriated in the annual budget for the various functions of City Government to meet such extraordinary-conditions; and WHEREAS, additional funds are needed in Account MVH -64, "Employees' Group Insurance" to pay the increased costs of group hospitalization insurance premiums and 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: $800.00 in Account MVH -62, designated as "Social Security ". NOW, THEREFORE,.BE IT RESOLVED by the Common Council of the City of South Bend, Indiana: SECTION I. That the sum of $800.00 be transferred from Account MVH -62, "Social Security ", to Account MVH -64, "Employees' Group Insurance ", both of said accounts being in the same category in the Motor Vehicle Highway Fund. /s/ Walter M. Szymkowiak Member of the Common Council A public hearing on the resolution was held at this time. City Controller James A. Bickel said that for the past several years the City has paid single coverage insurance for all City em- ployees. The City was notified that effective June 1, 1971 the premium was increased. After a meeting with insurance company officials, this date was changed to August 1, 1971; by then there would be sufficient surplus in the account to provide the $2.50 per month per head for the increased premium. This increase has already been projected in the 1972 budget. Councilman Reinke moved for adoption of the resolution, seconded by Councilman Craven. The resolution passed by a roll call vote of 6 ayes, 0 nays, 3 absent (Councilmen Wise, Palmer and Zielinski). LO-100M, REGULAR MEETING NOVEMBER 8, 1971 REGULAR MEETING - RECONVENED - (Cont.) RESOLUTIONS - (Cont.) RESOLUTION NO. 291 -71 A RESOLUTION FOR AN ADDITIONAL APPROPRIATION IN ACCOUNT B -64, "EMPLOYEES' GROUP INSURANCE ", IN THE BUDGET OF THE CITY CON- TROLLER IN THE AMOUNT OF $10,000.00, AND THE TRANSFER OF SAID SUM FROM ACCOUNT B -63, "RETIREMENT ", BOTH ACCOUNTS BEING IN THE SAME CATEGORY IN 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 appropriated in the annual budget for the various functions of City Government to meet such extraordinary conditions; and WHEREAS, additional funds for Account B -64, "Employees' Group Insurance ", in the Office of City Controller, are needed to pay the increased costs of group hospitalization in- surance premiums and to assure the department's ability to properly perform its functions; and WHEREAS, a surplus exists in another account where it is not needed presently and more specifically as follows, to -wit: $10,000.00 in Account B -63, designated as "Retirement ". NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana: SECTION I. That the sum of $10,000.00 be transferred from Account B -63, "Retire- ment", to Account B -64, "Employees' Group Insurance ", both of said accounts in the City Con- troller's budget being in the same category and in the General Fund. /s/ William W. Grounds Member of the Common Council A public hearing on this resolution was held at this time. Mr. Bickel explained this was the same situation as the aforementioned resolution. Councilman Grounds moved for adoption of the resolution, seconded by Councilman Craven. The resolution passed by a roll call vote of 6 ayes, 0 nays, 3 absent (Councilmen Wise, Palmer and Zielinski). RESOLUTION NO. 292 -71 A RESOLUTION FOR ADDITIONAL APPROPRIATIONS TO ACCOUNT NO. 62, "SOCIAL SECURITY ", IN THE AMOUNT OF $35.00 AND TO ACCOUNT NO. 64, "EMPLOYEES' GROUP INSURANCE ", IN THE AMOUNT OF $60.00, AND THE TRANSFER OF SAID SUMS FROM ACCOUNT NO. 63, "RETIREMENT ", ALL ACCOUNTS BEING WITHIN THE SAME CATEGORY AND IN THE HUMAN RELATIONS AND FAIR EMPLOYMENT PRACTICES COMMISSION 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 No. 62, "Social Security ", are needed to meet the fourth quarterly payment and for Account No. 64, "Employees' Group Insurance ", to pay the increased costs of group hospitalization insurance premiums and 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: $95.00 in Account No. 63, designated as "Retirement ". NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana: SECTION I. That the sum of $95.00 be transferred from Account No. 63, "Retire- ment" to the accounts as follows: Account No. 62, "Social Security" $35.00 Account No. 64, "Employees' Group Insurance" 60.00 All of the above accounts are in the same category in the Human Relations and Fair Employment Practices Commission Fund. /s/ William W. Grounds Member of the Common Council A public hearing on this resolution was held at this time. Mr. Bickel explained that the addi- tional funds required were for Social Security payments resulting from under budgeting. Council- man Craven moved for adoption of the resolution, seconded by Councilman Grounds. The resolution passed by a roll call vote of 6 ayes, 0 nays, 3 absent (Councilmen Wise, Palmer and Zielinski). 5 a REGULAR MEETING NOVEMBER 8, 1971 11 REGULAR MEETING - RECONVENED - (Cont.) II RESOLUTIONS - (Cont.) RESOLUTION NO. 293 -71 A RESOLUTION FOR AN ADDITIONAL APPROPRIATION IN ACCOUNT XX -252, "REPAIRS OF EQUIPMENT" IN THE BUDGET OF THE SANITATION DEPART- MENT IN THE AMOUNT OF $2,057.00, AND THE TRANSFER OF SAID SUM FROM ACCOUNT XX -261, "OTHER CONTRACTUAL SERVICES ", BOTH ACCOUNTS BEING IN THE SAME CATEGORY 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 appropriated in the annual budget for the various functions of City Government to meet such extraordinary conditions; and WHEREAS, additional funds for Account XX -252, "Repairs of Equipment ", in the Sanitation Department, are needed for the repair of a Caterpillar D -7 Tractor and to assure the department's ability'to properly perform its functions; and WHEREAS, a surplus exists in another account where it is not needed presently and more specifically as follows, to -wit: $2,057.00 in Account XX -261, designated as "Other Contractual Services" NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. That the sum of $2,057.00 be transferred from Account XX -261, "Other Contractual Services ", to Account XX -252, "Repairs of Equipment ", both of said accounts in the Sanitation Department's budget being in the same category and in the General Fund. /s/ Robert 0. Laven Member of the Common Council Council President Laven announced this was a new item on the agenda. Public hearing was held on this resolution during which Mr. David Wells stated this transfer of funds was necessary due to transmission failure of a D -7 Caterpillar Tractor. The transmission was replaced with another one taken from a tractor used at the land fill site which was not heavily used. The money would be used to buy another transmission. Councilman Reinke moved for the adoption of this resolution, seconded by Councilman Craven. The resolution passed by a roll call vote of 6 ayes, 0 nays, 3 absent (Councilmen Wise, Palmer and Zielinski). UNFINISHED BUSINESS NEW BUSINESS None None There being no further business, new or unfinished, to come bef the Council, Councilman Reinke made a motion to adjourn, seconded by Councilman Grou s. Motion carried. Time 10:46 PM ATTEST: CITY tLERK APPROVED: i 1 PRESIDENT