HomeMy WebLinkAbout11-14-66 Council Meeting MinutesREGULAR MEETING
14.1960
Be it remembered that the Common Council of the City of South Bend, Indiana, met in the Council Chambers of
City Hall in Regular Session, Monday, November 14, 1966 at 8:20 P.M., with all members present except Councilman
Laven, who was out of the City on business. The meeting was called to order by President John L. Hunter, Jr.,
who presided.
ROLL CALL
PRESENT: Councilmen Hunter, Allen, Palmer, Wise, Geib, Szymkowiak,
Smith and Muszynski
ABSENT: Councilman Laven
REPORT OF COMMITTEE ON MINUTES
To the Common Council of the City of South Bend:
Your Committee on the inspection and supervision of the minutes, would respectfully report that they have examined
the minutes of the previous meeting of the Council and found them correct. They therefore recommend that the
same be approved.
/s/ John L. Hunter, Jr.
/s/ Janet S. Allen
/s/ Albert E. Palmer
Meeting of October 24, 1966
There being no objections, the report was accepted as read and placed on file.
COMMUNICATIONS
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA:
The Board of Public Works and Safety of the City of South Bend, Indiana has requested that funds in an amount:..
not to exceed One Million Five Hundred Thousand Dollars ($1,500,000) be provided for the cost of acquisition
of land, easements and rights-of-way and the construction, thereon of major arterial streets to extend the inner
belt street system; for the construction and equipping or the remodeling and equipping of a building for use as
a fire station and the acquisition, improvement and landscaping of any land necessary as a site therefor;
construction of sewers:; construction, reconstructiort and improving of streets; and the engineering, architectural,
appraisal, abstracting, title insurance and legal fees and expenses incidental thereto and the expenses and legal
fees incidental to the issuance of bonds therefor.
In order to provide funds for said purposes it will be necessary to authorize, issue and sell bonds of the City
of South Bend in an amount not to exceed One Million Five Hundred Thousand Dollars ($1,500,000) and I am
submitting herewith a form of ordinance drawn for that purpose.
Dated this 9th day of November, 1966.
Respectfully submitted,
/s/ James A. Bickel
City Controller
Councilman Wise made a motion that the Communication be accepted and placed on file. Councilman Geib seconded the
motion. Motion carried.
03
REGULAR MEETING NOVEMBER 14, 1966
RESOLUTION OF THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF SOUTH BEND, INDIANA
Whereas, the Board of Public Works and Safety of the South Bend, Indiana, has determined that it would be
for the best interests of said City and its citizens to provide funds for the cost of acquisition of land,
easements and rights -of -way and the construction thereon of major arterial streets to extend the inner belt
street system; for the construction and equipping of the remodeling and equpping of a building for use as
a fire station and the acquisition, improvement and landscaping of any land necessary as a site therefore;
construction of sewers; construction, reconstruction and improving of streets; and the engineering, architectural,
appraisal, abstracting title insurance and legal fees and expenses incidental thereto.and the expenses and
legal fees incidental to the issuance of said bonds; and
Whereas, the Board of Public Works and Safety of the City of South Bend, Indiana finds that an extraordinary
emergency exists for the expenditure of more money than was set out in detail in the published budget and that
the�aid acquisition, construction, equipping and improvements are necessary in order to protect the well -being
and the property of its citizens and will be of general benefit to the entire City; and
Whereas, the said Board has determined that the funds necessary to pay for the same will be in an amount not
to exceed One Million Five Hundred Thousand Dollars ($1,500,000);
Be it resolved by the Board of Public Works and Safety of the City of South Bend, Indiana that this Board
request the City Controller and the Common Council to take proper steps immediately to provide funds necessary
for said purposes in an amount not to exceed One Million Five Hundred Thousand Dollars ($1,500,000) and to that
end that a copy of this resolution be filed with the City Controller and presented to the Common Council as
soon as may be done.
Adopted this 24th day of October, 1966.
/s/ Robert J. DuComb
/s/ L.S. Taylor
/s/ James A. Bickel
BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY
OF SOUTH BEND, INDIANA
Councilman Wise made a motion that the Resolution be accepted as read, and placed on file. Councilman Geib
seconded the motion. Motion carried.
PETITION REQUESTING ISSUANCE OF BONDS OF THE CITY OF SOUTH BEND, INDIANA
COUNTERPARTS NO 1 thru 47
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
The undersigned, owners of taxable real estate located in the City of South Bend, Indiana and residing at
the address in said City appearing opposite their signatures below, do hereby respectfully petition the
Common Council of said City of South Bend, Indiana to issue bonds of said City in an amount not to exceed
One Million Five Hundred Thousand Dollars ($1,500,000) for the purpose of procuring funds to be applied on
the cost of acquisition of land, easements and rights -of -way and the construction thereon of major arterial
streets to extend the inner belt street system, for the construction and equipping or the remodeling and
equipping of a building for use as a fire station and the acquisition, improvement and landscaping of any
land necessary as a site therefore; construction of sewers; construction, reconstruction and improving of
streets; and the engineering, architectural, appraisal, abstracting, title insurance and legal fees and
expenses incidental thereto and the expenses and legal fees incidental to the issuance of said bonds.
Here follows the signatures of 1;155 owners of taxable real estate and 436 non - owners of taxable real estate.
Councilman.Geib made a motion that the petition be accepted and placed on file. Councilman Palmer
seconded the motion. Motion carried.
AUDITOR'S CERTIFICATE
STATE OF INDIANA ) SS:
ST. JOSEPH COUNTY )
I Emery L. Molnar, the duly elected, qualified and acting Auditor of St. Joseph County, Indiana, do hereby
certify that I have examined the forty -seven (47) counter parts of a petition addressed to the Common Council
of the City of South Bend, Indiana requesting said Council to authorize and issue bonds of said City in an
amount not to exceed One Million Five Hundred Thousand Dollars ($1;500,000) for the purpose of procuring funds
to be applied on the cost of acquisition of land, easements and rights -of -way and the construction thereon
of major arterial streets to extend the inner belt street system; for the construction and equipping or the
remodeling and equipping of a building for use as a fire station and the acquisition, improvement and
landscaping of any land necessary as a site therefor; construction of sewers; construction, reconstruction and
improving of streets; and the engineering, architectural, appraisal, abstracting, title insurance and legal
fees and expenses incidental thereto and the expenses and legal fees incidental to the issuance of bonds
therefor; which counter -parts of said petition so examined by me are attached to this certificate.
I further certify that I have checked the signatures on the counter -parts of said petition with the tax records
in my office; that all of the counter -parts of said petition are verified by the affidavits of owners of
taxable real estate'located within the corporate limits of the City of South Bend, Indiana and that said
petition is signed by One Thousand One Hundred and Fifty -five (1,155) owners of taxable real estate located
within the corporate limits of said City as shown more particularly by the following computation:
(Continued)
MM
M
ITOR'S CERTIFICATE
Counter -part
Verified by the
Number of
Owners of
Non - owners of
No.
Affadavit of
Signers
Taxable
Taxable Real
Feal Estate
Estate
1
Joseph L. Zurat
52
44
8
2
Theora Anglemyer
52
42
10
3.
Harry W. Leslie
39
25
14'
4
Donal W. Gallagan
52
41
11
5
Richard Busfield
18
8
10
6
Raymond Pierson
16
12
4
7
Charles J. Steele
41
35
6
8
William T. Schmidt
17
14
3
9
L. Frederick Schleiger,Jr
11
7
4
10
Carl B. Martz
31
23
8
11
Bernard Kielton
15
5
10
12
Edward I. Friend
35
27
8
13
Norbert E. Turczynski
48
30
18
14
William Diedrich,Jr.
37
29
8
15
Vera D. Mauer
34
32
2
16
Roy W. Jensen
49
34
15
17
Dorothy Pecsi
51
35
16
18
Glenn L. Terry
52
35
17
19
Esther M. Heeter
51
38
13
20
Alex P. Nagy
29
19
10
21
Homer Ellinger
23
13
10
22
Carl B. Lederer
5
5
0
23
Jack Bukowski
11
11
0
24
Forrest R. West
51
33
18
25
Elaine E. Toppel
51
35
16
26
James M. Pettit
39
31
8
27
W. Joseph Doran
11
10
1
28
Ruby J. Kendall
34
22
12
29
Anthony Romeo
11
8
3
30
Morgan Peck
51
36
15
31
Estella N. Tribbett
38
32
6
32
Joseph W. Szekendi
38
27
11
33
Christian Koehler
52
34
18
34
Wayne L. Welcome
10
10
0
35
Richard L. Sowala, Sr.
25
11
14
36
Alex Niezgodski
43
35
8
37
Dale Fortin
41
38
3
38
James A. Bickel
19
16
3
39
Margaret Kingston
48
46
2
40
Ella Botich
2
2
0
41
Theresa Futa
26
26
0
42
Lucille R. Yanez
18
18
0
43
Harold A. Roberts
15
15
0
44
John G. Stevens, Jr.
51
15
36:
45
Marvin E. Milewski
52
34
18
46
Stanley Sparazynski
44
24
20
47
John Peczkowski
52
33
19
TOTAL
1,591
1,155
436
In Witness Whereof, I have hereunto set my hand and the official seal of the Board of Commissioners of the County
of St. Joseph, Indiana on this 14th day of November, 1966
Seal
/s/ Emery L. Molnar
Auditor, St. Joseph County, Indiana
Councilman Geib made a motion that the Certificate be accepted and placed on file. Gouncilman Palmer seconded the
motion. Motion carried.
REPORT OF COMMITTEE OF THE WHOLE
To the Common Council of the City of South Bend:
Your Committee of the Whole to whom was referred "AN ORDINANCE AMENDING CHAPTER 40, SECTION 40 -14 OF THE MUNICIPAL
CODE OF THE CITY OF SOUTH BEND, INDIANA, 1962, ALSO KNOWN AS ORDINANCE NO. 3702, ADOPTED BY THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA, ON THE 14th DAY OF OCTOBER, 1963, AND KNOWN AS THE ZONING ORDINANCE IN THE
CITY OF SOUTH BEND, INDIANA (Location: Bounded by Western Ave., Scott Street, N.Y. Central Railroad & Laurel St.) "
Respectfully report that they have examined the matter and that in their opinion the Ordinance go to the Council
as favorable.
There being no objections, the report was accepted as read and placed on file.
ORDINANCE, THIRD READING
ORDINANCE NO. 4898 -66
/s/ Edwin Thomas Smith, Chairman
AN ORDINANCE AMENDING CHAPTER 40, SECTION 40 -14 OF THE MUNICIPAL CODE OF THE
CITY OF SOUTH BEND, INDIANA, 1962, ALSO KNOWN AS ORDINANCE NO. 3702, ADOPTED BY
THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ON THE 14th DAY OF
OCTOBER, 1963, AND KNOWN AS THE ZONING ORDINANCE IN THE CITY OF SOUTH
BEND, INDIANA (Location: Bounded by Western Ave., Scott Street, N.Y. Central
Railroad & Laurel St.)
The Ordinance was given third reading and passed by a roll call vote of 8 ayes, 0 nays, 1 absent (Councilman Laven)
M
1 : ; ui � � 1 ui: • . .
ORDINANCES, FIRST AND SECOND READING
ORDINANCE
AN ORDINANCE CONFIRMING A CERTAIN RESOLUTION ADOPTED
BY THE BOARD OF PARK COMMISSIONERS FOR THE CITY OF
SOUTH BEND, INDIANA, DEFINING THE CONSTRUCTION AND
SCOPE, PROHIBITING CERTAIN ACTS AND ACTIVITIES, REGU-
LATINGIUSES IN THE PARKS, REGULATING AND RESTRICTING
VEHICULAR TRAFFIC, PROTECTING PLANTS AND SHRUBS,
PROVIDING FOR PENALTIES, REPEALING ALL ORDINANCES IN
CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE.
The Ordinance was given first reading by title and second reading in full. Councilman Geib made a motion
that the Ordinance be sent to the Park Recreation Committee for review. Councilman Allen seconded the motion.
Motion carried.
ORDINANCES, FIRST AND SECOND READING
ORDINANCE NO. 4899 -66
AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA
AUTHORIZING THE ISSUANCE AND SALE OF BONDS OF SAID
CITY IN ORDER TO PROVIDE FUNDS FOR THE COST OF
ACQUISITION OF LAND, EASEMENTS AND RIGHTS -OF -WAY
AND THE CONSTRUCTION THEREON OF MAJOR ARTERIAL
STREETS TO EXTEND THE INNER BELT STREET SYSTEM;
FOR THE CONSTRUCTION AND EQUIPPING OR THE REMOD-
ELING AND EQUIPPING OF A BUILDING FOR USE AS A
FIRE STATION AND THE ACQUISITION, IMPROVEMENT AND
LANDSCAPING OF THE LAND NECESSARY AS A SITE THERE-
FOR; CONSTRUCTION OF SEWERS; CONSTRUCTION, RE-
CONSTRUCTION AND IMPROVING OF STREETS; AND THE
ENGINEERING, ARCHITECTURAL, APPRAISAL, ABSTRACT-
ING, TITLE INSURANCE AND LEGAL FEES AND EXPENSES
INCIDENTAL THERETO AND THE EXPENSES AND LEGAL
FEES INCIDENTAL TO THE ISSUANCE OF SAID BONDS.
The Ordinance was given first reading by title and second reading in full. Irving Hurwich, Attorney spoke
in "favor_:of the passage of the Ordinance by suspension of rules. Councilman Smith made a motion for recess.
Councilman Szymkowiak seconded the motion. Motion carried. Time 9:25 P.M. Reconvened: 9:35 P.M.
Councilman Geib made a motion for suspension of rules. Councilman Szymkowiak seconded the motion. Motion
carried by a roll call vote of 8 ayes, 0 nays, 1 absent (Councilman Laven). The Ordinance was then given
third reading and passed by a roll call vote of 7 ayes (Councilmen Hunter, Palmer, Wise, Geib, Szymkowiak,
Smith and Muszynski) 1 nay (Councilman Allen), 1 absent (Councilman Laven)
RESOLUTION N0. 144 -66
A RESOLUTION FOR AN ADDITIONAL APPROPRIATION IN THE
"REPAIR PARTS" ACCOUNT OF THE MOTOR VEHICLE HIGHWAY
DEPARTMENT IN THE AMOUNT OF $15,000.00 AND THE
TRANSFER OF THE SAME FROM THE "SALT" ACCOUNT IN THE
SAME CATEGORY, TO -WIT: "MATERIALS" AND ALL BEING
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 Governmment to meet such extraordinary contingencies; and
WHEREAS, Additional funds for repairing of equipment are urgently needed by the Motor Vehicle Highway
Department to assure its ability to properly perform its function and the sum of $15,000.00 is needed
forthwith; and
WHEREAS, A surplus exists in another account where it is not presently needed; and more specifically
as follows, to -wit:
1. Fifteen Thousand Dollars ($15,000.00) in ACCOUNT MVH -422 designated as "Salt ".
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, That the sum of
$15,000.00 be transferred from ACCOUNT MVH -422 designated as "Salt ", by transferring it to the following
account, to-wit:
2. Fifteen Thousand Dollars ($15,000.00) to ACCOUNT MVH -43 designated as "Repair Parts ", both of said
accounts being in the same category, to -wit: "Materials" of the Motox Vehicle Highway Department.
/s/ John L. Hunter, Jr.
Member of the Common Council
Speaking in favor of the Resolution were Richard Gartner, Street Commissioner and James A. Bickel., City
Controller. Councilman Smith made a motion that the Resolution be adopted by a roll call vote. Councilman
Geib seconded the motion. Motion carried. The Resolution was adopted by a roll call vote of 8 ayes, 0 nays,
1 absent (Councilman Laven)
REGULAR MEETING NOVEMBER 14, 1966
RESOLUTION NO. 145 -66
A RESOLUTION FOR ADDITIONAL APPROPRIA1 ON IN THE
"TRAVELING EXPENSES" ACCOUNT IN THE AMOUNT OF
$24.00, THE "ELECTRIC CURRENT - BUILDINGS" ACCOUNT
IN THE AMOUNT OF $700.00, THE "WATER" ACCOUNT IN
THE AMOUNT OF $400.00 AND THE TRANSFER OF THE
SAME FROM THE "ELECTRIC CURRENT" ACCOUNT ALL OF
SAID ACCOUNTS BEING IN THE OFFICE OF THE BOARD AND
IN THE SAME CATEGORY,TO -WIT: SERVICES CONTRACTUAL,
AND ALL BEING IN THE GENERAL FUND,
WHEREAS, Additional funds for traveling expenses, electric current for buildings and for additional
water and dewage costs are urgently needed by the Office of the Board to assure its ability to properly
perform its function and the sum of $1,124.00 is needed forthwith; and
WHEREAS, A surplus exists in another account where it is not presently needed, and more specifically as
follows, to -wit:
1. One Thousand One Hundred Twenty -Four Dollars ($1,124.00) in Account H -221 designated as "Electric
Current ".
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, That the sum of
$1,124.00 be transferred from Account H -221 designated as "Electric Current ", by transferring it to the
following accounts to -wit:
2. Twenty -Four Dollars ($24.00) to Account H -213 designated as "Traveling Expenses ", and
3. Seven Hundred Dollars ($700.00) to Account H -221B designated as "Electric Current - Buildings ", and
4. Four Hundred Dollars ($400.00) to Account H -224 designated as "Water ", and all of said accounts
being in the same category to -wit: "Services Contractual" of the Office of the Boafd.
/s/ Richard G. Geib
Member of the Common Council
Speaking in favor of the adoption of the Resolution were Richard Duck, Clerk of the Board; and Lloyd S.
Taylor, City. Engineer. Councilman Allen spoke against item 4 citing that according to`the Municipal Code,
it -is the responsibility of the'-Park D'e`partment"to maintain 'street i'siands 'Councilman Allen made a motion
that Item4 be °deleted from the Resolution—, his -seat as- President of the
Council > to --second -'the motion. Motion failed. Councilman Smith made a motion to adopt the Resolution by a
roll call vote. Councilman Wise seconded the motion. Resolution adopted by a roll call vote of 6 ayes
ouric lmen.Palmer, Wise, Geib,Szymkowiak,Smith and Muszynski)2nay(Councilmen Hunter and Allen)l absent (Coun-
NEW BUSINESS cilman Laven)
Councilman Szymkowiak reported the unsightly appearance of property on Chapin street, which is storing
used appliances outside. He requested that the Fire and Police departments investigate the matter.
Councilman Szymkowiak also revealed that Street Department crews have not picked up leaves in the Second
District, and catch basins in that area are clogged.
Councilman Allen questioned Robert J. Ducomb, City Attorney, concerning a petition from: :residents of
Arnold Street, which was referred to the Board of Public Works and safety at the October 24, 1966
meeting. The .petition was a request to make the 1700 block of Arnold Street a thoroughfare. Mr. Ducomb
explained that the property in question is owned by a private party, who does not wish to sell the property.
Councilman Hunter reported the need for sidewalks in the Booth Tarkington School area.
There being no further business before the Council, Councilman Smith made a motion to adjourn. Councilman
Wise seconded the motion. Motion carried. Council adjourned at 10 :20 P.M.
ATTEST:
CLERK
NPROVED:
PRES ENT