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HomeMy WebLinkAbout12-13-71 Council Meeting MinutesREGULAR MEETING DECEMBER 13, 1971 REGULAR MEETING DECEMBER 13, 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, December 13, 1971, at 8:22 P.M., with seven members present, two absent. The meeting was called to order by Council President Robert 0. Laven, who presided. The Invocation was given by Very Reverend Donald Dunn; Asst. Pastor of the Cathedral of St. James, 117 North LaFayette Boulevard, South Bend, Indiana. ROLL CALL PRESENT: Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak and Palmer. ABSENT: Councilmen Wise and Zielinski Mr. Laven announced that Councilman John V. Wise was attending a funeral and was out of the City; he stated that no word had been received from Councilman Raymond C. Zielinski. RESOLVE INTO THE COMMITTEE OF THE WHOLE 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, December 13, 1971, at 8:27 P.M. with 7 members present, two absent (Councilmen Wise and Zielinski). The meeting was called to order by Chairman William W. Grounds who presided. ORDINANCE AN ORDINANCE CREATING A SINGLE DEPARTMENT OF PARKS AND RECREATION This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard thereon. Councilman Frederick D. Craven offered the following statement: "I signed this ordinance - doing so because I more or less believe in what it proposes to do and because I think it is proper and in the best interests of the City and of its citizen taxpayers. However, because of the late date of formal consideration by this Council and all of the ramifications involved - specifically about personnel realignment - I believe it proper for the "new" council and "new" administration to formally act on this. I urge their favorable consideration of this matter of re- structuring the department of Recreation and City Park Dept. along the lines set forth in this ordinance. In order that this Council take no action which may prejudice this ordinance in the minds of the "new" council or "new" administration, I move the ordinance be with- drawn." /s/ Fred Craven Councilman Craven made a motion to withdraw the ordinance and have it stricken from the record, seconded by Councilman Albert E. Palmer. The motion carried by a roll call vote of 6 ayes (Councilmen Laven, Reinke, Craven, Grounds,Szymkowiak, Palmer), 1 nay (Councilman Janet Allen), 2 absent (Councilmen Wise and Zielinski),. nRnTWnV( P 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 ORDINANCE BY CHANGING THE CLASS- IFICATION OF THE USE DISTRICT FOR A CERTAIN PARCEL OF LAND (Located South of Ewing Avenue, West of Olive St., East of Kaley St., & North of Prairie Avenue) 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 showed a map of the area concerned and stated that this land was annexed to the City last July; and in their recent report the Area Plan Commission recommended favorably for rezoning to "A" Residential and "A" Height and Area District Use. He said it is presently zoned "R" Residential with "A" Height and Area Use District which is the equivalent to the zoning which the APC proposes. Councilman. Walter M. Szymkowiak asked what will happen to the people living in the commerical area now; since there are restrictions for non - conforming uses, will they need to get a non - conforming rezoning; and if a presently existing business moves out, would the property have to be rezoned? Mr. Carpenter answered "No "; the objective is to make the area all one use. Councilman Palmer made a motion that the ordinance go to the Council as favorable, seconded by Councilman Gerald C. Reinke. Motion carried. ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION TO ACCOUNT K -12, "SERVICES PERSONAL ", IN THE AMOUNT OF $1,000 AND THE TRANSFER OF SAID SUM FROM ACCOUNT K -726, "OTHER EQUIPMENT ", IN THE MORRIS CIVIC AUDITORIUM 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. Mr. Floyd Jessup, Manager of the (Public hearing continued on next page) REGULAR MEETING DECEMBER 13, 1971 REGULAR MEETING - (CONT.) COMMITTEE OF THE WHOLE MEETING - (Cont.) ORDINANCE - (Cont.) Morris Civic Auditorium, said there was more business in the auditorium (during October and November) than was anticipated and we ran out of money for janitors; extra janitors had to be hired to do the extra cleaning. James Bickel, City Controller, said it should be called to mind that at the time the 1971 Budget was enacted, it reduced the number of janitors for the Auditorium from two full -time janitors to only one, full-time. Miss Virginia Guthrie, Executive Secretary of the South Bend Civic Planning Association, asked if there was enough business to cover this extra employee next year as well as this year, in lieu of the auditorium being closed for the installation of the new heating system. Mr. Jessup replied that there had been a 20% increase in business and the new heating system would be installed during June and July which is not the peak season, so no problems should arise. Councilman Craven commented that it was customary for each department head to present such requests in writing with copies to all Counci men. Mr. Jessup stated he was not aware of this practice but would act accordingly in the future. Councilman Szymkowiak made a motion that the ordinance go to the Council as favorable, seconded by Councilman Craven. Motion carried. nRnTVAWrR AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE AND TRUST INDENTURE AND THE ISSUANCE OF ECONOMIC DEVELOPMENT REVENUE BONDS PERTAINING TO SERVICE PRINTERS INC. Mr. Karl King, Jr., Mr. Joseph Dillon and Mr. Eugene Pajakowski of the Economic Development Commission were present to speak in favor of the ordinance. Mr. King, spokesman for the group, stated that, through the Commission, bonds up to an amount of $5,000,000 can be issued to help industries locate or relocate in South Bend which will add to our economic status and at no increase to the taxpayer. Miss Guthrie and Mrs. F; Mutz1, director of the Fair Tax Association, were concerned that forcing people to relocate, in case they did not wish to do so, might be a deterrent to more businesses locating in South Bend and they were also concerned that in some way this might add to the burden of the taxpayer. Councilmen Laven, Craven, Allen and Szymkowiak suggested that this plan should encourage businesses to come to South Bend instead of locating elsewhere, adding to our economic growth by employing people, being productive, and eventually decreasing the burden on the taxpayer by the taxes collected from such businesses. Councilman Reinke made a motion the ordinance go to the Council as favorable, seconded by Councilman Palmer.' Motion carried. 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, so moved by Councilman Palmer and seconded by Councilman Szymkowiak. Motion carried. Time 8:,57 P.M. ATTEST: REGULAR MEETING - RECONVENED APPROVED: CHAIRMAN 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, December 13, 1971, at 8 :58 P.M. 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 minutes would respectfully report that they have inspected the minutes of the November 22, 1971 regular meeting of the Council and found them correct. They therefore recommend that the same be approved. /s/ Robert 0. Laven Isl Janet S. Allen 7'sT Albert E. Palmer CITIZENS REQUESTS - MISCELLANEOUS MATTERS Miss Virginia Guthrie addressed the Council saying that since we are coming close to the termi- nation of this Body, she wanted to thank the members of the Council and the City Clerk and her staff for their splendid cooperation to the Civic Planning Association officers and staff and wished all very Happy Holidays. Mr. Laven thanked her and wished the same for her and the Association. REPORT FROM THE CONTROLLER A report from City Controller James A. Bickel, showing expenditures for the month of October 1971, was submitted to the Council. The report was accepted and placed on file. Mr. Laven stated that Mrs. Allen had a request concerning the completeness of the report concerning investments .'by the City; expenditures are listed but reports of earnings on in- vestments were not. Mr. Laven asked the Clerk to direct correspondence to Mr. Bickel to pro- vide each Council member with a status report on the investments of the City together with the earnings. The Clerk agreed to do so. K' REGULAR MEETING DECEMBER 13, 1971 REGULAR MEETING - RECONVENED - (Cont.) 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, seconded by Councilman Craven. Motion carried unanimously. ORDINANCES, THIRD READING ORDINANCE AN ORDINANCE CREATING A SINGLE DEPARTMENT OF PARKS AND RECREATION This ordinance was given third reading. Councilman Craven moved this ordinance be withdrawn, seconded by Councilman Reinke. Councilman Allen, referring to Mr. Craven's earlier statement, said she felt it was not quite corre� t ss�yyrr11 in considering this ordinance, that we "have not had timer The Acts have been availab A and"she felt there is no reason at all to have this ordinance withdrawn and presented again to a new council without proper background. The new council should study the Acts and see why this was presented. The ordinance was withdrawn by a roll call vote of 6 ayes (Councilmen Laven, Reinke, Craven, Grounds, Szymkowiak, and Palmer), 1 nay (Councilman Allen), 2 absent (Councilmen Wise and Zielinski). ORDINANCE NO. 5368 -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 ORDINANCE BY CHANGING THE CLASSIFICATION OF THE USE DISTRICT FOR A CERTAIN PARCEL OF LAND (Located South of Ewing Ave., West of Olive St., East of Kaley St., and North of Prairie Ave.) The ordinance was given third reading. Councilman Grounds made a motion for passage of the ordinance, seconded by Councilman Palmer. The ordinance passed by a roll call vote of 7 ayes (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, and Palmer), 0 nays, 2 absent (Councilmen Wise and Zielinski). ORDINANCE NO. 5369 -71 AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION TO ACCOUNT K -12, "SERVICES PERSONAL ", IN THE AMOUNT OF $1,000 AND THE TRANSFER OF SAID SUM FROM ACCOUNT K -726, "OTHER EQUIPMENT ", IN THE MORRIS CIVIC AUDITORIUM BUDGET, ALL BEING WITHIN THE GENERAL FUND. The ordinance was given third reading. Councilman Reinke made a motion for passage of the ordinance, seconded by Councilman Szymkowiak. The ordinance passed by a roll call vote of 7 ayes (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak and Palmer), 0 nays, 2 absent (Councilmen Wise and Zielinski). ORDINANCE NO. 5370 -71 AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE AND TRUST INDENTURE AND THE ISSUANCE OF ECONOMIC DEVELOPMENT REVENUE BONDS PERTAINING TO SERVICE PRINTERS INC. The ordinance was given third reading. Councilman Reinke made a motion for passage of the ordinance, seconded by Councilman Palmer. The ordinance passed by a roll call vote of 7 ayes, (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, and Palmer), 0 nays, 2 absent (Councilmen Wise and Zielinski). ORDINANCES, FIRST AND SECOND READING ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WASTEWATER TREAT- MENT PLANT OF THE CITY OF SOUTH BEND, INDIANA, AND H. DeWULF MECHANICAL CONTRACTOR, INC., FOR THE CONSTRUCTION OF A PARSHALL FLUME AND SEWAGE METER IN THE AMOUNT OF $14,900.00. This ordinance was given first and second reading. Councilman Reinke made a motion that this ordinance be set for public hearing on December 27, 1971, seconded by Councilman Craven. Motion carried. Mr. Laven instructed the Clerk to send a communication Mr. John Hunter, Superintendent of the Water Works, asking him to forward to each member of the Council a letter explaining the reason for this request. The Clerk Agreed. ORDINANCE AN ORDINANCE PROVIDING FOR THE GOVERNMENT OF THE CITY OF SOUTH BEND CODIFYING ITS GENERAL ORDINANCES AS HEREIN CHANGED, ORDAIN- ING NEW PROVISIONS, AND WITH STATED EXCEPTIONS, REPEALING FORMER GENERAL ORDINANCES. The ordinance was given first and second reading. Councilman Grounds made a motion that the ordinance be set for public hearing on December 27, 1971, seconded by Councilman Szymkowiak. Motion carried. REGULAR MEETING DECEMBER 13, 1971 REGULAR MEETING - RECONVENED - (Cont.) ORDINANCES, FIRST AND SECOND READING (Cont.) 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). (Known as S.E. corner of Frances St. & South Bend Ave.) Council President Laven announced he had just this evening received a letter from Jack Dunfee, Jr Attorney for the petitioners, concerning this ordinance and suggested that the Council move for a five minute recess in order to study the communication. Councilman Janet Allen moved for a five minute recess, seconded by Councilman Palmer. Motion carried. Time 9:14 P.M. REGULAR 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, December 13, 1971, at 9:29 P.M. after a short recess. The meeting was called to order by Council President Laven who presided. The aforementioned ordinance was given first reading by the Clerk. Mr. Laven then read the communication from Mr. Dunfee, as follows: "Mr. Robert 0. Laven December 13, 1971" President South Bend Common Council 441 County -City Building South Bend, Indiana 46601 In re: First and Second Reading on an Ordinance Amending Ordinance No. 4990 -68, As Amended, Commonly Known as the Zoning Ordi- nance of the City of South Bend, Ind. (Chapter 40, Municipal Code) (Known as S.E. corner of the intersection of Frances St. & South Bend Avenue) Dear Bob: On Friday, December 10, 1971, I met with Mr. Carpenter, Senior Planner, Area Plan Commission, with regards to the captioned rezoning petition and as a result of that conference, subsequent investigation and consultation with our clients, it is the decision of our clients not to proceed further with this effort. You are accordingly respectfully requested to withdraw the captioned matter from the agenda of the South Bend Common Council and further to show that the peti- tion is hereby withdrawn. We especially thank you for your extra time and effort in this matter. Very truly yours, s/s Jack C. Dunfee, Jr. JCDjr /yg THORNBURG, McGILL, DEAHL, cc: Mrs. Kathryn L. Blough, HARMAN, CAREY & MURRAY City Clerk it Mr. John M. Morrow The communication was accepted & placed on file. Councilman.J. Allen objected to the 2nd reading; Councilman Janet Allen moved for the defeat of_,the ordinance, seconded by Councilman Craven. The motion for defeat of this ordinance was passed by a roll call vote of 7 ayes (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak and Palmer) 0 nays, 2 absent (Councilmen Wise and Zielinski). ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA (Known as North side of E. Ireland Rd. at 229 E. Ireland Rd.) This ordinance was given first reading. Councilman Craven objected to the second reading and made a motion that the second reading not be held, seconded by Councilman Szymkowiak. Motion c ied..Councilman Craven then moved that the ordinance be defeated, seconded by Councilman Janet Allen. The ordinance was defeated by a roll call vote of 7 ayes, (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak and Palmer), 0 nays, 2 absent (Councilmen Wise and Zielinski). RESOLUTIONS RESOLUTION NO. 294 -71 A RESOLUTION FOR AN ADDITIONAL APPROPRIATION IN ACCOUNT E -12 "SERVICES PERSONAL - PAUPER ATTORNEY" IN THE OFFICE OF CITY JUDGE IN THE AMOUNT OF $450.00 AND THE TRANSFER OF SAID SUM FROM ACCOUNT E -11 "SERVICES PERSONAL - CITY JUDGE ", BOTH ACCOUNTS BEING WITHIN THE SAME CATEGORY WITHIN THE GENERAL FUND. (Resolution No. 294 -71 continued on next page) 1 oxi sus - ai.ned; REGULAR MEETING REGULAR MEETING - RECONVENED - (Cont.) RESOLUTION NO. 294 -71 - (Cont.) DECEMBER 13, 1971 WHEREAS, certain extraordinary conditions have developed since the adoption of the exist- ing 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 E -12 "Services Personal - Pauper Attorney" are needed by the Office of City Judge 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: $450.00 in Account E -11 "Services Personal - City Judge" NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana: SECTION I. That the sum of $450.00 be transferred from Account E -11 "Services Personal - City Judge ", to Account E -12 "Services Personal - Pauper Attorney ", both of said accounts being in the same category in the Office of City Judge and being within the General Fund. /s/ Robert 0. Laven Member of the Common Council A public hearing on this resolution was held at this time. Mr. Bickel stated that earlier this year the Office of City Judge was abolished; prior to that action the then City Judge appointed a pauper attorney to defend two cases, which in this case happened to be the same attorney for each case. Claims were received on these cases quite some time after the abolishment of the Office of City Judge, one in the amount of $150.00 (5 hrs. @ $30 /hr.) and $300.00 (10 hrs. @ $30 /hr.) There are sufficient funds in Account E -11 to cover pauper attorney fees. Mr. Bickel then read the following letter from George E. Herendeen who was the City Judge at the time: "Mr. James Bickel City Controller City of South Bend 14th Floor City- County Building South Bend, Indiana 46601 Re: State of Indiana vs. State of Indiana vs. Dear Mr. Bickel: December 9, 1971" Frank Howard Bentz, Jr., Cause No. 49035; and Clinton Martin, Jr., Cause No. 49079 You have brought to my attention the fact that the city has received a statement for attorney's fees in the above two cases. In the Bentz case, you indicated that the attorney's statement is $150.00; in the Martin case, the statement is for $300.00. As indicated from the respective Docket Sheets, Attorney Anthony Luber was appointed to defend both of these individuals. Having reviewed the Docket Sheet and the Statement for Services Rendered, I am of the opinion that the billing from Mr. Luber should be paid. Therefore, it is my recommendation, consistent with the practice of the South Bend City Court, that each of the statements of Mr. Luber for services rendered in the above two cases be paid. If you have any questions, please advise. "GEH:cac Very truly yours, /s/ George E. Herendeen I Miss Guthrie commented that she was not aware the City Judge appointed pauper attorneys. City Attorney Shepard J. Crumpacker stated that when it is an important charge, such as murder, the City Judge will do so in exceptional cases. Councilman Craven made a motion to adopt the resolution, seconded by Councilman Grounds. The resolution passed by a roll call vote of 7 ayes, (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak and Palmer), 0 nays, 2 absent (Councilmen Wise and Zielinski). RESOLUTION A RESOLUTION EXPRESSING THE SENSE OF THE COUNCIL REGARDING PUBLIC HOUSING IN THE MODEL CITIES AREA A public hearing on this resolution was held at this time. Councilman Grounds made a motion that the resolution be withdrawn, seconded by Councilman Szymkowiak. Mr. Don Findley, 610 S. Brook- field Street, South Bend, Indiana, a management aide with the South Bend Housing Authority, said he felt the public housing program should continue and some efforts could be made by the Model Cities Agency to use existing sites. Councilman Grounds said that this Council had made a pre- vious commitment with the South Bend Housing Authority that no more public housing would be erected West of Michigan Street until some had been developed East of Michigan Street. He con- tinued that he felt it was a moral obligation to hold true to this. Since no one has come for- ward and asked for more public housing, he felt the Council had no right to break its trust to the people of the City. Councilman Janet Allen asked Mr. Carter if many people within the Model (Resolution continued on next page) REGULAR MEETING REGULAR MEETING - RECONVENED - (Cont. RESOLUTIONS - (Cont.) DECEMBER 13, 1971 Cities area had made- ".efforts to get public housing; and she felt that those interested in public housing would want to stay in their own neighborhoods. Mr. Floyd Carter 1619 Fassnacht Street, South Bend, Indiana, Model Cities representative, said he was not aware of any requests for any public housing and felt that no more is required. Councilman Szymkowiak stated that at the initiation of the Model Cities program he recommended some 50 sites for housing within the area and only 4 or 5 had been developed. He said he felt the elderly people should be considered and these recommended sites be utilized within the Model Cities area for such housing; which he considered was progressing too slowly. Councilman Reinke said he signed the resolution because one of the developers who had a commitment is having a difficult time to find 12 lots to finish his project and has been unable to come up with these lots. He said the Model Cities program is in its third year and has shown very little progress, public housing is needed and he felt in the new area such housing could be provided quickly antaVA developer finish his project and Model Cities could see the physical results. Councilman /commented he felt it would be well for some formal expression from Model Cities and the Housing Authority regarding this matter. He felt it was a bit late for the Council to pass something the new council might not want to con- sider and felt that the present Council's commitment should be honored:: -The motion by Grounds and Szymkowiak to defeat the resolution (shown below) was carried by a roll call vote of 6 ayes (Councilmen Laven, Allen, Craven, Grounds, Szymkowiak and Palmer), 1 nay (Councilman Reinke), and 2 absent (Councilmen:Wise and Zielinski). Resolution, as follows, defeated: A RESOLUTION EXPRESSING THE SENSE OF THE COUNCIL REGARDING PUBLIC HOUSING IN THE MODEL CITIES AREA WHEREAS, The South Bend Common Council has heretofore expressed its opposition to the erection of any more public housing units in the part of the city West of Michigan Street until more units are erected East of Michigan Street, and WHEREAS, the over -all plan for the development of the Model Cities Area approved by the Model Neighborhood Planning Agency, calls for the construction of some public housing units on scattered sites within the Model Cities Area, and WHEREAS, the Council views the construction of public housing on scattered sites with- in the Model Cities Area as an exception to its program of balancing public housing in the various areas of the city, NOW, THEREFORE, BE IT RESOLVED by The Common Council of the City of South Bend, Indiana That the Council will interpose no objections to the construction of additional public housing units on scattered sites in the Model Cities Area. /s/ Gerald C. Reinke Member of the Common Council UNFINISHED BUSINESS ( *) Before the beginning of the meeting, an informal Christmas Party None was held for all present, hosted by Mrs. Janet Allen and all of the members of the Council. NEW BUSINESS None There being no further business, new or unfinished, to come before the Council, Councilman Palmer made a motion to adjourn, seconded by Councilman Grounds. Motion carried. Time 9:58 P.M. ATTEST: C APPROVED:' LERK PRESIDENT