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HomeMy WebLinkAbout11-27-67 Council Meeting Minutesv - REGULAR MEETING Be it remembered that the Common Council of the City of South Bend, Indiana, met in the Council Chambers in City Hall on Monday, November 27, 1967 at 8:50 P.M., with all members present except Councilman Hunter. The meeting was called to order by Vice - President, John V. Wise, who presided. ROLL CALL PRESENT: Councilmen Allen, Palmer, Wise, Geib, Szymkowiak, Laven, Smith and Muszynski ABSENT: Councilman Hunter REPORT OF COMMITTEE ON MINUTES To the Common Council of the City of South Bend, Indiana: 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 November 13, 1967 There being no objections, the report was accepted as read, and placed on file. 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 DETERMINING THAT IT IS NECESSARY FOR THE CITY OF SOUTH BEND TO CONDEMN CERTAIN REAL ESTATE FOR THE USE AND BENEFIT OF "MEMORIAL HOSPITAL OF SOUTH BEND ", AND THAT THE ACQUISITION OF SAID REAL ESTATE IS NECESSARY FOR THE EXPANSION OF SAID HOSPITAL" Respectfully report that they have examined the matter and that in their opinion the Ordinance be withdrawn. /s/ Edwin Thomas Smith, Chairman Councilman Geib made a motion that the report b4 accepted and placed on file. Councilman Laven 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 AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 HERETOFORE AMENDED AND SUPPLEMENTED BY THE MUNICIPAL CODE OF SOUTH BEND, INDIANA, CHAPTER 40 ET SEQ., AS AMENDED AND SUPPLEMENTED AND ADOPTED BY THE COMMON COUNCIL BY ORDINANCE NO. 4608 -63" (Location: N.W. Corner Bendix and Elwood). Respectfully report that they have examined the matter and that in their opinion the Ordinance go to the Council as unfavorable. /s/ Edwin Thomas Smith, Chairman Councilman Geib made a motion that the report be accepted and placed on file. Councilman Laven 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 GIVING SCHOOL CROSSING GUARDS THE AUTHORITY TO DIRECT VEHICULAR AND PEDESTRIAN TRAFFIC; PROVIDING PENALTIES FOR DISOBEDIENCE OF THEIR SIGNALS; AND DECLARING AN EMERGENCY" Respectfully report that they have examined the matter and that in their opinion the Ordinance go to the Council as favorable. /s/ Edwin Thomas Smith, Chairman Councilman Geib made a motion that the report be accepted and placed on file. Councilman Laven 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 APPROVING AND AUTHORIZING THE SALE OF CERTAIN LISTED ITEMS OF PERSONAL PROPERTY BELONGING TO THE MUNICIPAL CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA FOR A SUM NOT LESS THAN THE APPRAISED VALUE OF SAID PERSONAL PROPERTY ". Respectfully report that they have examined the matter and that in their opinion the Ordinance go to the Council as favorable. /s/ Edwin Thomas Smith, Chairman Councilman Geib made a motion that the report be accepted and placed on file. Councilman Laven 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 FOR ADDITIONAL APPROPRIATION TO ACCOUNT MVH -12 "SALARIES AND WAGES, TEMPORARY" IN THE AMOUNT OF $20,000.00 AND THE TRANSFER OF THE SAME FROM ACCOUNT MVH -42, "STREET, ALLEY AND SEWER MATERIALS ", ALL IN THE MOTOR VEHICLE HIGHWAY FUND. Respectfully report that they have examined the matter and that in their opinion the Ordinance go to the Council as favorable. /s/ Edwin Thomas Smith, Chairman Councilman Geib made a motion that the report be accepted and placed on file. Councilman Laven seconded the motion. Motion carried. REPORT OF CITY CONTROLLER The Report of the City Controller for the Month of October, 1967 was submitted to the Council, with copies disbursed to each Councilmen. There being no objections, the report was accepted and placed on file. REPORT OF AREA PLAN COMMISSION November 22, 1967 The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: The attached rezoning petition of Yeager Motor Co., et al, was legally advertised under date of November 11 and 18 and given public hearing on November 21, 1967. The following action was taken: After due consideration it was moved, seconded and unanimously carried that the ordinance and site development plan be recommended unfavorably to the Common Council. Excerpts from the minutes of the meeting are hereby attached and made a part of this report. Very truly yours, /s/ John K. Wilson Executive Director Councilman Smith made a motion that the report be accepted and placed on file,, Councilman Geib seconded the motion. Motion carried. REGULAR MEETING hTOVEMRRR 27, 1967 REPORT OF AREA PLAN COMMISSION November 22, 1967 The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: The attached rezoning petition of Andrew Toth, et al, was legally advertised under date of November 11 and 18 and given public hearing on November 21, 1967. The following action was taken: After due consideration it was moved, seconded and unanimously carried that the ordinance and site development plan be recomm- ended unfavorably to the Common Council. Excerpts from the minutes of the meeting are hereby attached and made a part of this report. /s/ John K. Wilson Executive Director Councilman Smith made a motion that the report be accepted and placed on file. Councilman Geib seconded the motion. Motion carried. REPORT OF AREA PLAN COMMISSION November 22, 1967 The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: The attached rezoning petition of George 0. Priebe, et al, was legally advertised under date of November 11 and 18 and given public hearing on November 21, 1967. The following action was taken: After due consideration it was moved, seconded and unanimously carried that the ordinance and site development plan be recommended favorably to the Common Council. Excerpts from the minutes of the meeting are hereby attached and made a part of this report. Very truly yours, /s/ John K. Wilson, Executive Director Councilman Smith made a motion that the report be accepted and placed on file. Councilman Geib seconded the motion. Motion carried. PETITION I, the undersigned, do hereby respectfully make application and petition the Common Council of South Bend to amend the Zoning Ordinance of the City of South Bend, Indiana as hereinafter requested, and in support of this application, the following facts are shown: 1. The property sought to be rezoned is located at 1323 N. Ironwood, South Bend, Indiana 2. The property is owned by David W. Kessler 3. A.-legal description of the property is as follows: Lot 1 Wooded Estates, South Bend 4. It is desired and requested that the foregoing property be rezoned From A Residential Use and A Height and Area District to B Residential Use and A. Height and Area District. 5. It is proposed that the property will be put to the following use and the following building will be constructed: Real Estate Insurance Office. 6. Number of off street parking spaces to be provided: 5 spaces in rear. 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/ David A. Kessler Signature of Petitioner 1323 N. Ironwood, South Bend, Indiana Councilman Szymkowiak made a motion that the petition be referred to the Area Plan Commission. Councilman Allen seconded the motion. Motion carried. REGULAR MEETING NOVEMBER_ 271 1967 ORDINANCES, THIRD READING AN ORDINANCE DETERMINING THAT IT IS NECESSARY FOR THE CITY OF SOUTH BEND TO CONDEMN CERTAIN REAL ESTATE FOR THE USE AND BENEFIT OF "MEMORIAL HOSPITAL OF SOUTH BEND ", AND THAT THE ACQUISITION OF SAID REAL ESTATE IS NECESSARY FOR THE EXPANSION OF SAID HOSPITAL. Councilman Laven made a motion that the Ordinance be withdrawn. Councilman Geib seconded the motion. Motion carried by a roll call vote of 8 ayes,(Councilmen Allen, Palmer, Wise, Geib, Szymkowiak, Laven, Smith and Muszynski). 0 nays, 1 absent (Councilman Hunter). ORDINANCES, THIRD READING AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 HERETOFORE AMENDED AND SUPPLEMENTED BY THE.MUN- ICIPAL CODE OF SOUTH BEND, INDIANA, CHAPTER 40 ET SEQ., AS AMENDED AND SUPPLEMENTED AND ADOPTED BY THE COMMON COUNCIL BY ORDINANCE NO. 4608- 63.(Location: N.W. Corner Bendix and Elwood) . The Ordinance was given third reading and defeated by a roll call vote of 8 nays,(Councilmen Allen, Palmer, Wise, Geib, Szymkowiak, Laven, Smith Muszynski), 0 nays, 1 absent, (Councilman Hunter). ORDINANCES, THIRD READING ORDINANCE NO. 4960 -67 AN ORDINANCE GIVING SCHOOL CROSSING GUARDS THE AUTHORITY TO DIRECT VEHICULAR AND PEDESTRIAN TRAFFIC; PROVIDING PENALTIES FOR DISOBEDIENCE OF THEIR SIGNALS; AND DECLARING AN EMERGENCY. The Ordinance was given third reading and passed by a roll call vote of 8 ayes,(Councilmen Allen, Palmer, Wise, Geib, Szymkowiak, Laven, Smith and Muszynski), 0 nays, 1 absent, (Councilman Hunter). ORDINANCE NO. 4961 -67 AN ORDINANCE APPROVING AND AUTHORIZING THE SALE CERTAIN LISTED ITEMS OF PERSONAL PROPERTY BELONG- ING TO THE MUNICIPAL CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA FOR A SUM NOT LESS THAN THE APPRAISED VALUE OF SAID PERSONAL PROPERTY. The Ordinance was given third reading and passed by a roll call vote of 8 ayes, (Councilmen Allen, Palmer, Wise, Geib, Szymkowiak, Laven, Smith and Muszynski), 0 nays, 1 absent, (Councilman Hunter). ORDINANCE NO. 4962 -67 AN ORDINANCE FOR ADDITIONAL APPROPRIATION TO ACCOUNT MVH 12 "SALARIES AND WAGES, TEMPORARY" IN THE AMOUNT OF $20,000.00 AND THE TRANSFER OF SAME FROM ACCOUNT MVH -42, "STREET, ALLEY AND SEWER MATERIALS ", ALL BEING IN THE MOTOR VEHICLE HIGHWAY FUND. The Ordinance was given third reading and passed by a roll call vote of 8 ayes, (Councilmen Allen, Palmer, Wise, Geib, Szymkowiak, Laven, Smith and Muszynski), 0 nays, 1 absent, (Councilman Hunter). ORDINANCES, FIRST AND SECOND READING ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 3702 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA. (Location: N. line of first alley N. of E. Jefferson at intersection with Logan). The Ordinance was given first reading by title and second reading in full. Councilman Allen made a motion that the Ordinance be set for public hearing on December 11, 1967. Councilman Palmer seconded the motion. Motion carried. ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 3702 COMMONLY KNOWN AS THE ZONING ORDINANCE. (Location: 150 E. North Shore Dr.) The Ordinance was given first reading by title and second reading in full. Councilman Palmer made a motion that the Ordinance be set for public hearing on December 11, 1967. Councilman Szymkowiak seconded the motion. Motion carried. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA (Location: S.W.Corner Ironwood and Ridgedale Rd.). The Ordinance was given first reading by title and second reading in full. Councilman Smith made a motion that the Ordinance be set for public hearing on December 11, 1967. Councilman Laven seconded the motion. Motion carried. ORDINANCES, FIRST AND SECOND READING . ORDINANCE AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS TO ACCOUNT U -21, "COMMUNICATION AND TRANSPORTATION" IN THE AMOUNT OF $2,500.00 AND TO ACCOUNT U -22, "HEAT, LIGHT, SEWAGE AND WATER," IN THE AMOUNT OF $6,200.00 AND THE TRANSFER OF SAID SUMS FROM ACCOUNT U -71, "BUILDINGS, STRUCTURES AND IMPROVE- MENTS" AND ACCOUNT U -72, "EQUIPMENT ", IN THE CENTRAL SERVICES BUILDING BUDGET, ALL BEING IN THE GENERAL FUND. The Ordinance was given first reading by title and second reading in full. Councilman Szymkowiak made a motion that the Ordinance be set for public hearing on December 11, 1967. Councilman Laven seconded the motion. Motion carried. RESOLUTION NO. 173 -67 RESOLUTION FOR ADDITIONAL APPROPRIATION IN THE PARK GENERAL FUND -- $1,500.00 AND THE TRANSFER OF THE SAME FROM ONE ACCOUNT TO ANOTHER IN THE SAME CATEGORY OF THE PARK 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 the Department of Public Parks to meet such extraordinary emergencies, and, WHEREAS, it has been ascertained that certain accounts in the Park General Fund have more money than is needed at this time. Section 1. That the following account be reduced in the amount set opposite said account: Acct. No. Classification Item Amount -62 Current Obligations Social Security $1,500.00 Section 2. That the following account be increased in the amount set opposite said account: Acct. No. Classification Item Amount 64 Current Obligations Hospital Insurance $1,500.00 NOW, THEREFORE, BE IT RESOLVED by the Common Council of South Bend that the sum of $1,500.00 be transferred from Account 62 to Account 64 as set out above in Sections 1 and 2 of this resolution. That the transfer of funds as set forth in Section 1 and 2 are required for the proper and efficient operation and function of the Department of Public Parks of South Bend, Indiana, arrl an extraordinary emergency is declared to exist concerning the foregoing transfer. is/ Walter M. Szymkowiak Member of the Common Council Speaking in favor of the Resolution were : Charles VanDeVeire, Park Superintendent, and James A. Bickel, City Controller. Councilman Muszynski made a motion that the Resolution be adopted by a roll call vote. Councilman Szymkowiak seconded the motion. Motion carried. The Resolution was adopted by a roll call.vote of 8 ayes, (Councilmen Allen, Palmer, Wise, Geib, Szymkowiak, Laven, Smith and Muszynski) 0 nays, 1 absent, (Councilman Hunter). RESOLUTION NO. 174 -67 A RESOLUTION FOR AN ADDITIONAL APPROPRIATION IN ACCOUNT P -26 "OTHER CONTRACTUAL SERVICES" OF THE POLICE DEPARTMENT, IN THE AMOUNT OF $200.00 AND THE TRANSFER OF THE SAME FROM ACCOUNT P -21, "COMMUNICATION AND TRANSPORT- ATION", ALL IN 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 appropriated in the annual budget for the various functions of City Government to meet such extraordinary contingencies; and WHEREAS, Additional funds for medical expenses and veterinarian services are urgently needed by the Police Department to assure its ability to properly perform its function and the sum of $200.00 is needed forthwith; and WHEREAS, A Surplus exists in another account where it is not presently needed; and more specifically ass follows, to wit: $200.00 in Account P -21 designated as "Communication and Transportation" NOW, THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, That the sum of $200.00 be transferred from Account P -21 designated as "Communication and Transportation" to Account P -26 designated as "Other Contractual Services ", both of said accounts being in the same category "Services Contractual" and being within the General Fund. /s/ John V. Wise Member of the Common Council (Continued) RESOLUTION NO. 174 -67 (Continued) Speaking in favor of the Resolution was James A. Bickel, City Controller. Councilman Smith made a motion that the Resolution be adopted by a roll call vote. Councilman Szymkowiak seconded the motion. Motion carried. The Resolution was adopted by a roll call vote of 8 ayes, (Councilman Allen, Palmer, Wise, Geib, Szymkowiak, Laven, Smith and Muszynski). 0 nays, 1 absent, (Councilman Hunter). RESOLUTION NO. 175 -67 A RESOLUTION APPROVING A CONTRACT BETWEEN THE SOUTH BEND CITY WATER WORKS AND THE WASTE WATER TREATMENT PLANT OF THE CITY OF SOUTH BEND AND WILLIAM E. VOOR, JR., AGENT FOR AN UNDISCLOSED PRINCIPAL FOR FURNISHING OF WATER AND SEWAGE TREATMENT TO PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, AS AMENDED WHEREAS, the Board of Water Works Commissioners and the Board of Waste Water Treatment deem it to be in the best interests of their respective facilities and to the City of South Bend to furnish water and sewage services to such an area in Portage Township as the corporation to be organized by the undisclosed principal may be authorized to serve. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, that the Contract entered into between the South Bend City Water Works and the Sewage Disposal Plant of the City of South Bend and William E. Voor, Jr., Agent for an undisclosed principal, on the 15th day of November, 1967, for furnishing of water and sewage treatment to Portage Township, St. Joseph County, Indiana, is hereby approved and confirmed. The Area to be furnished is defined as follows: Section 8 (eight), Section 17(seventeen)and Section 18 (eighteen) Township 37,Narth, Range 2 East, St. Joseph County, State of Indiana /s/ Richard G. Geib Member of the Common Council Speaking in fpvgr of the Resolution was Lloyd Taylor, City Engineer. Councilman Geib made a motion to recess. Time: 9:35. / Councilman Szymkowiak seconded the motion. Motion carried. Reconvened: Time: 9 :39 P.M. Councilman Smith made a motion that the Resolution be amended to include a description of the exact area which would be serviced by the proposed Resolution. Councilman Szymkowiak seconded the motion. Motion carried. The Resolution was adopted by a roll call vote of 7 ayes, (Councilmen Palmer, Wise, Geib, Szymkowiak, Laven, Smith and Muszynski), 1 nay, (Councilman Allen), 1 absent, (Councilman Hunter). RESOLUTION NO. 176 -67 A RESOLUTION FOR AN ADDITIONAL APPROPRIATION IN THE "COMMUNICATION AND TRANSPORTATION" ACCOUNT OF MORRIS CIVIC AUDITORIUM IN THE AMOUNT OF $350.00 AND THE TRANSFER OF THE SAME FROM THE "REPAIRS" ACCOUNT IN THE SAME.CATEGORY, TO -WIT: "SERVICES CONTRACTUAL ", AND ALL BEING IN THE GENERAL FUND. WHEREAS, Certain extraordinary conditions have developed since the adoption of the existing auual 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 contingencies; and WHEREAS, Additional funds for telephone service are urgently needed by the Morris Civic Auditorium Department to assure its ability to perform its function and the sum of $350.00 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. Three Hundred Fifty ($350.00)' in Account K -25 designated as "Repairs ". NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, That the sum of $350.00 be transferred from Account K -25 designated as "Repairs ", by transferring it to the following Account, to -wit: Three Hundred Fifty Dollars ($350.00) to Account K -21 designated as "Communication and Transportation ", both of said accounts being in the same category, to -wit: "Services Contractual" of the Morris Civic Auditorium all being in the General Fund. /s/ John V. Wise Member of the Common Council Speaking in favor of the Resolution was James A. Bickel, City Controller. Councilman Laven made a motion that the Resolution be adopted by a roll call vote of 8 ayes, (Councilmen Allen, Palmer, Wise, Geib, Szymkowiak, Laven, Smith and Muszynski), 0 nays, 1 absent, (Councilman Hunter). OLD BUSINESS Councilman Allen, expressing concern over the growing number of weed complaints received each summer by the City, inquired of Robert J. Ducomb, City Attorney, if more stringent measures could be instituted in order to prosecute more offenders; thus diminishing the number of further complaints. Mr. Ducomb answered that though his office has worked diligently to prosecute violators, few have resulted in conviction. Councilman Smith made a motion that the matter be referred to the Capital Improvement Committee for further study and possible recommendations. Councilman Szymkowiak seconded the motion. Motion carried. There being no further business before the Common Council, Councilman Smith made a motion to adjourn. Councilman Laven seconded the motion. Motion carried. Time: 10:10 P.M. ATTEST: APPROVED: �WA 500 to