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HomeMy WebLinkAbout12-27-71 Council Meeting MinutesREGULAR MEETING REGULAR MEETING DECEMBER 27, 1971 DECEMBER 27, 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 27, 1971, at 8:02 P.M. with eight mem- bers present, one absent. The meeting was called to order by the Council President Robert 0. Laven, who presided. The invocation was given by Reverend Henry R. Mascotte, Assistant Pastor, St. Matthew's Cathedral, 1701 Miami Road, South Bend, Indiana. ROLL CALL PRESENT: Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Wise and Zielinski. ABSENT: Councilman Palmer Council President Laven announced that this was the last meeting of the present Council. RESOLVE INTO THE COMMITTEE OF THE WHOLE Council President Laven entertained a motion to resolve into the Committee of the Whole. Council. man Frederick D. Craven so moved, seconded by Councilman Janet S. Allen. Motion carried. Time 8:05 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, December 27, 1971, at 8:06 P.M., with 8 members present, 1 absent (Councilman Palmer). The meeting was called to order by Chairman William W. Grounds who presided. AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WASTWATER TREATMENT 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 being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard thereon. Mr. David A. Wells, Assistant City Engineer, said this plan is proposed in an attempt to correct the problem of equitably charging Notre Dame for the service of treating their sewage. It is proposed that said meter will be located at Angela Avenue and North Shore Drive and it is felt this plan will go a long way in correcting the present problem. Miss Virginia Guthrie, Executive Secretary of the Civic Plan- ning Association, questioned at what rate Notre Dame will be charged and asked if it was not unusual for this to come up at this late date. City Attorney Shepard J. Crumpacker commented that a contract is in force between the City and Notre Dame by which this service is paid. The present contract will expire in 1974 and either party must serve notice at least 18 months in advance regarding contract renewal. It will take 3 months for installation of the new unit and there will be 9 months of usage to see if renegotiation is feasible. Councilman Gerald C. Reinke agreed and commented that this did not just turn up at the last minute as plans were drawn up last Fall but it takes time to develop such plans and it just happens to come up at this time. Councilman Walter M. Szymkowiak made a motion that the ordinance go to the Council as favorable, seconded by Councilman John V. Wise. Motion carried. ORDINANCE AN ORDINANCE PROVIDING FOR THE GOVERNMENT OF THE CITY OF SOUTH BEND CODIFYING ITS GENERAL ORDINANCES AS HEREIN CHANGED, ORDAINING NEW PROVISIONS, AND WITH STATED EXCEPTIONS, REPEALING FORMER GENERAL ORDINANCES 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. Crumpacker commented that in this recodification of the City code every effort has been made to eliminate dead and obsolete mater- ial. This recodification of the City's ordinances reduces the Municipal Code Book from 40 to 21 Chapters and it has been reorganized into a new reorganizational form for simplification. Mr. Laven commented that Mr. Crumpacker's staff had done a good job in revising and condensing the Code Book and strongly suggested that every effort be made by the new council to keep it up- dated. Councilman Reinke made a motion that the ordinance go to the Council as favorable, seconded by Councilman Raymond C. Zielinski. 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 Wise and seconded by Councilman Szymkowiak. Motion carried. Time 8:20 P.M. ATTEST: APPROVED: e CHAIRMAN REGULAR MEETING REGULAR MEETING - RECONVENED DECEMBER 27, 1971 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 27, 1971 at 8:21 P.M. The meeting was called to order by Council President Robert 0. 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 December 13, 1971 regular meeting of the Council and found them correct. They therefore recommend that the same be approved. /s/ Robert 0. 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 Mr. Laven introduced his mother -in -law, Mrs. Charles A. Schairer, Westlake, Ohio, his son Bruce, and others in the audience including John Hakansson, a Swedish exchange student who lives with City Engineer Lloyd Taylor's family. Councilman Wise introduced his son Scott and daughter Sherry. City Controller James Bickel said that, although he had reasons to differ with the Council at times, he wished to thank them for the confidence they had given him during the past 4 years. He also thanked Miss Guthrie for help to him during the past 4 years. Mr. William D. Webster, 1421 E. South Street, South Bend, Indiana, living in the 3rd district, commented that when he realized this was the last session of the present Council, he came to express his appreciation to Mr. Laven and the Council for the grand job done in behalf of the citizens and complimented them for their real personal interest in the City; and he wished them a Happy New Year. Miss Guthrie said she felt the citizens owed a note of thanks to Mrs. Kathryn L. Blough, City Clerk, and her staff for the great service to the community. 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 Wise. Motion carried unanimously. ORDINANCES, THIRD READING ORDINANCE NO. 5371 -71 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WASTEWATER TREATMENT 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 third reading. Councilman Craven made a motion for passage of the ordinance, seconded by Councilman Grounds. The ordinance passed by a roll call vote of 8 ayes (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Wise and Zielinski), 0 nays, 1 absent (Councilman Palmer). ORDINANCE NO. 5372 -71 AN ORDINANCE PROVIDING FOR THE GOVERNMENT OF THE CITY OF SOUTH BEND CODIFYING ITS GENERAL ORDINANCES AS HEREIN CHANGED, ORDAINING NEW PROVISIONS, AND WITH STATED EXCEPTIONS, REPEALING FORMER GENERAL ORDINANCES, AS AMENDED. This ordinance was given third reading. Councilman Grounds made a motion that the ordinance be amended as follows, to show in Section I. "21" Chapters, and to show the cut -off date in Section III (t), "November 1, 1971 ". The motion was seconded by Councilman Craven. Motion carried. Councilman Reinke moved for passage of the ordinance, as amended, seconded by Council- man Grounds. The ordinance passed by a roll call vote of 8 ayes (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Wise and Zielinski), 0 nays, 1 absent (Councilman Palmer) ORDINANCE NO. 5373 -71 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF SOUTH BEND AND THE BOARD OF COMMISSIONERS OF ST. JOSEPH COUNTY FOR THE SALE AND TRANSFER OF A BULLDOZER This ordinance was given first and second reading. Council.President Laven entertained a motion for suspension of the rules to allow a public hearing and the third reading of the proposed ordinance at this meeting. A motion for suspension of the rules was made by Councilman Grounds, seconded by Councilman Craven. The motion passed by a roll call vote of 8 ayes (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Wise and Zielinski), 0 nays, 1 absent (Councilman Palmer). (Ordinance No. 5373 -71 continued on next page) REGULAR MEETING DECEMBER 27, 1971 REGULAR MEETING - RECONVENED (Cont.) ORDINANCES, THIRD READING - (Cont.) ORDINANCE NO. 5373 -71 - (Cont.) This being the time set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard thereon. City Engineer Lloyd Taylor stated that the bulldozer was purchased in 1966 at a cost of $30,000, plus a trade -in and was used at the present City sanitary landfill site which will be closed January 1, 1972, and the bulldozer will no longer be needed. Mr. William Richardson the new city engineer suggested an exchange of the bulldozer for free dumping privileges at the County landfill. Being Caterpillar equipment, that company esti- mated the bulldozer at $20,000; and an exchange of the bulldozer for free dumping to that amount was agreed upon between the City and the County. Mr. Taylor stated that the coming budgetfor '72 allowed $25,000 for dumping at the County site for the year. Miss Guthrie suggested that the subsequent budget might then be cut by $5,000 for this service and Councilman Janet Allen com- mented that a better bargain would have been to exchange the bulldozer for a year's free dumping. At the conclusion of the public hearing, the ordinance was given third reading. Councilman Wise moved for passage of the ordinance, seconded by Councilman Grounds. The ordinance passed by a roll call vote of 8 ayes (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Wise and Zielinski), 0 nays, 1 absent (Councilman Palmer). ORDINANCE NO. 5374 -71 AN ORDINANCE CREATING A CIVIC CENTER DEVELOPMENT FUND, ACCEPTING DONATIONS FOR DEPOSIT IN SAID FUND, AND APPROVING AN AGREEMENT REGARDING THE USE OF SAME. This ordinance was given first and second reading. Council President Laven entertained a motion for suspension of the rules to allow a public hearing and the third reading of the proposed ordinance at this meeting. A motion for suspension of the rules was made by Councilman Janet Allen, seconded by Councilman Reinke. The motion passed by a roll call vote of 8 ayes (Council- men Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Wise and Zielinski), 0 nays, 1 absent (Councilman Palmer). This being the time set for public hearing on the above ordinance pro- ponents and opponents were given an opportunity to be heard thereon. Mr. Crumpacker stated that earlier in the year the Council had passed a bond ordinance for land purchase for P_ Civic Center in South Bend. The first improvement to be constructed in the Civic Center is an Art Center and the National Bank and Trust Company acting as trustee for the Muessel- Ellison Memorial Trust Foundation contributed $100,000 for this purpose. Accepting a gift and establishing such a special account requires an ordinance enacted by the Common Council of the City. Miss Guthrie asked if this donation was protected against uses for other purposes and Mr. Crumpacker said that it was. Councilman Craven felt that the ordinance, as written, indicated that this was the only fund which would be established and thought it might require clarification. In a brief discussion between the Council members it was agreed that clarification was not needed. Council- man Reinke commented that future donations and contributionsshould be sufficient for not only constructions but also for operating expenses of future structures. He suggested that the in- coming Council take note of this matter. At the conclusion of the public hearing, the ordinance was given third reading. Councilman Janet Allen moved for passage of the ordinance, seconded by Councilman Grounds. The ordinance passed by a roll call vote of 8 ayes (Councilmen Allen, Laven, Reinke, Craven, Grounds, Szymkowiak, Wise and Zielinski), 0 nays, 1 absent (Councilman Palmer). RESOLUTIONS RESOLUTION NO. 295 -71 A RESOLUTION FOR AN ADDITIONAL APPROPRIATION IN ACCOUNT F -263, "OTHER CONTRACTUAL SERVICES (CITY ELECTION) ", IN THE OFFICE OF THE COMMON COUNCIL IN THE AMOUNT OF $1,013.10, AND THE TRANSFER OF SAID SUM FROM ACCOUNT F -213, "TRAVELING EXPENSES ", ALL BEING WITHIN THE SAME CATEGORY AND WITHIN THE GENERAL FUND. WHEREAS, certain extraordinary conditions have developed since the adoption of the existing annual budget, so that it is now necessary to appropriate more money than was appro- priated in the annual budget for the various functions of City Government to meet such extra- ordinary conditions; and WHEREAS, additional funds for Account F -263, "Other Contractual Services (City Election) ", are needed to pay the city's share of the total cost of 1971 election expenses; and WHEREAS, a surplus exists in another account where it is not presently needed and more specifically as follows, to -wit: $1,013.10 in Account F -213 designated as "Traveling Expenses ". NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana: SECTION I. That the sum of $1,013.10 be transferred from Account F -213 "Traveling Expenses ", to Account F -263, "Other Contractual Services (City Election) ", both of said accounts in the Office of Common Council being within the same category 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 this cost was (Resolution No. 295 -71 continued on next page) REGULAR MEETING December 27, 1971 REGULAR MEETING - RECONVENED - (Cont.) RESOLUTIONS - (Cont.) RESOLUTION NO. 295 --71 - (Cont.) estimated in June of 1970 and the bill for election expenses was just received; and expenses were larger than anticipated.- Councilman Janet Allen suggested that if the citizens were charged $2.00 for the privilege of voting, they would take advantage of the opportunity and this would offset the cost of election expenses:. Councilman Zielinski moved for the adoption of the resolution, seconded by Councilman Reinke. The resolution passed by a roll call vote of 8 ayes (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Wise and Zielinski), 0 nays, 1 absent (Councilman Palmer). RESOLUTION NO. 296 -71 A RESOLUTION FOR ADDITIONAL APPROPRIATIONS IN ACCOUNT B -242, "PUBLICATION OF LEGAL NOTICES ", IN THE AMOUNT OF $105.00 AND IN ACCOUNT B -241, "PRINTING, OTHER THAN OFFICE SUPPLIES ", IN THE AMOUNT OF $320.00, AND THE TRANSFER OF SAID,SUMS FROM ACCOUNT B -212, "POSTAGE ", ALL ACCOUNTS BEING IN THE SAME CATEGORY IN THE OFFICE OF CITY CONTROLLER BUDGET AND BEING 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 G -242, "Publication of Legal Notices ", are needed to pay the cost of legal advertising for the balance of the year; and WHEREAS, additional funds are needed for Account B -241, "Printing, Other than Office Supplies ", to pay for the cost of a years supply of Receipts; and WHEREAS, a surplus exists in another account where it is not presently needed and more specifically as follows, to -wit: $425.00 in Account B -212 designated as "Postage ". NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. That the sum of $425.00 be transferred from Account B -212, "Postage ", to the following accounts: $105.00 to Account B -2420, "Publication of Legal Notices" $320.00 to Account B -241, "Printing, Other Than Office Supplies" All of said accounts in the Office of City Controller being within the same category 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 publication costs of legal notices exceeded the estimates which was the reason for this request and there would probably be no large postage bills during the remainder of the year. Miss Guthrie com- mented that she was surprised that, due to an increase in postage fees, there was such a sur- plus left in the postage account. Councilman Reinke moved for adoption of the resolution, seconded by Councilman Zielinski. The resolution was adopted by a roll call vote of 8 ayes (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Wise and Zielinski), 0 nays, 1 absent (Councilman Palmer). UNFINISHED BUSINESS This being the last session of the present Council, Mr. Laven recited the many important ordi- nances the council had passed in the last 8 years and said open housing, annexation, downtown renewal and bond ordinances represented the highlights of accomplishments. He said more than 40C bills and 200 resolutions were adopted during that period. He noted that in the last four years the civil city tax rate has increased only 18:1% while the assessed valuations of property dropped 4.3 %. He commented that among the goals the Council set for themselves, the greatest failure was the inability to reduce the City's crime rate. Mr. Laven expressed his appreciation for their cooperation and extended his thanks to Mayor Lloyd M. Allen, members of the Board of Public Works and Safety, Miss Guthrie, and City Clerk Kathryn L. Blough; then he shook hands with each of his colleagues. Councilman Szymkowiak stood and thanked each of his colleagues, terming them "dedicated workers ", and he also thanked Miss Guthrie, calling her an "angel helper to the Council. Miss Guthrie said she felt there should be a rising vote of thanks from the people to the Council for their service to South Bend; and those in the audience obliged. NEW BUSINESS None There being no further business, new or unfinished, to come before the final session of this Council, Councilman Grounds made a motion to adjourn, seconded b`youncilman Wise. Motion carried. Time 9:15 P.M. ATTEST: CLERK % / PRESIDENT