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HomeMy WebLinkAbout09-23-68 Council Meeting MinutesREGULAR MEETING SEPTEMBER 23, 1968 Be it remembered that the Common Council of the City of South Bend, Indiana met in the Council Chambers in City Hall on Monday, September 23, 1968 at 8:55 P.M., nine members present, none absent. The meeting was called to order by President Robert 0. Laven, who presided. ROLL CALL PRESENT: Councilman Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Wise, Palmer, and Zielinski. ABSENT: None 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 hhat 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/ Robert 0. Laven /s/ Janet S. Allen /s/ Albert E. Palmer Meeting of September 9, 1968 There being no objections, the report was accepted as read, and placed on file. REPORT OF COMMITTEE OF THE WHOLE Your Committee of the Whole to whom was referred "AN ORDINANCE PROVIDING FOR THE RECEIVING AND CONVEYING OF A GIFT OF REAL PROPERTY TO THE CITY OF SOUTH BEND, INDIANA." Respectfully report that they have examined the matter and that in their opinion the Ordinance go to the Council as favorable. /s/ William W. Grounds Chairman There being no objection, the report was accepted as read, and placed on file. REPORT OF COMMITTEE OF THE WHOLE Your Committee of the Whole to whom was referred "AN ORDINANCE APPROPRIATING $300.00 FROM THE GENERAL FUND TO ACCOUNT B -212, "POSTAGE" AND $1,500.00 FROM THE GENERAL FUND TO ACCOUNT B -2421 "PUBLICATION OF LEGAL NOTICES ", BOTH ACCOUNTS BEING IN THE OFFICE OF CITY CONTROLLER." Respectfully report that they have examined the matter and that in their opinion the Ordinance go to the Council as favorable. /s/ William W. Grounds Chairman There being no objection, the report was accepted as read, and placed on file. _02 REGULAR MEETING SEPTEMBER 23, 1968 REPORT OF THE COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend, Indiana: Your Committee of the Whole to whom was referred "AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION TO ACCOUNT 51, "INSURANCE & PREMIUMS" IN THE AMOUNT OF $5,500.00 AND THE TRANSFER OF SAID SUM FROM ACCOUNT 221, "ELECTRIC CURRENT ", IN THE DEPARTMENT OF PUBLIC PARKS, ALL BEING WITHIN THE GENERAL PARK FUND." Respectfully report that they have examined the matter and that in their opinion the Ordinance go to the Council as favorable. /s/ William W. Grounds Chairman There being no objection, the report was accepted as read, and placed on file. REPORT OF THE COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend, Indiana: Your Committee of the Whole to whom was referred "AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION TO ACCOUNT E -55 "SUBSCRIPTIONS AND DUES" IN THE AMOUNT OF $115.00 AND THE TRANSFER OF SAID SUM FROM ACCOUNT E -37, "OTHER SUPPLIES" ($32.03) AND ACCOUNT E -363, "OTHER OFFICE SUPPLIES" ($82.97) IN THE OFFICE OF THE CITY JUDGE, ALL BEING WITHIN THE GENERAL FUND." Respectfully report that they have examined the matter and that in their opinion the Ordinance go to the Council as favorable. /s/ William W. Grounds Chairman There being no objection, the report was accepted as read, and placed on file. REPORT OF THE COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend, Indiana: Your Committee of the Whole to whom was referred "AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION TO ACCOUNT L -722, "MOTOR EQUIPMENT" IN THE AMOUNT OF $2,860.50, AND THE TRANSFER OF SAID SUM FROM ACCOUNT L -11, "SERVICES PERSONAL ", IN THE DEPARTMENT OF THE CITY ENGINEER, ALL BEING WITHIN THE GENERAL FUND ". AS AMENDED. Respectfully report that they have examined the matter and that in their opinion the Ordinance go to the Council as favorable, as amended. /s/ William W. Grounds Chairman There being no objection, the report was accepted as read, and placed on file. REPORT OF THE COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend, Indiana: Your Committee of the Whole to whom was referred "AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION TO ACCOUNT P -361, "'PHOTO SUPPLIES" IN THE AMOUNT OF $1,000.00, AND THE TRANSFER OF SAID SUM FROM ACCOUNT P -11, "SERVICES PERSONAL" IN THE SOUTH BEND POLICE DEPARTMENT, ALL BEING WITHIN THE GENERAL FUND ". Respectfully report that they have examined the matter and that in their opinion the Ordinance go to the Council as favorable. /s/ William W. Grounds Chairman There being no objection, the report was accepted as read, and placed on file. REPORT OF ANNEXATION COMMITTEE To the Common Council of the City of South Bend, Indiana: Your Annexation Committee to whom was referred on March 28, 1966 a petition for annexation approximately 2.8 acres of Land, 262 feet by 448 feet, lying approximately 330 feet West of North Ironwood Drive and approximately 172 feet North of Edison Road in St. Joseph County (known as Lots 3,4,5,6, and 7 of Buzby's Proposed First Addition). Respectfully report that they have examined the matter and that in their opinion after reviewing the May 2, 1966 report by the Area Plan Commission, as amended by their letter of September 17, 1968 to the Annexation Committee of the Common Council, the matter be favorably considered by the Council. The Committee also recommends that the annexation ordinance be set for public hearing on October 14, 1968. Further it requests that the entire correspondence attached hereto be made a part of the record on this matter. /s/ Robert 0. Laven Chairman There being no objection, the report was accepted as read, and placed on file. REGULAR MEETING SEPTEMBER 23 1968 u - REPORT OF AREA PLAN COMMISSION September 18, 1968 The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: The attached rezoning petition of Matthew J. Nowak was legally advertised under date September 7 and 14 and given public hearing on September 17, 1968. 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, as amended. Excerpts from the minutes of the Area Plan Commission meeting are hereby attached and made a part of this report. Very truly yours, /s/ John K. Wilson, Executive Director There being no objection, the report was accepted as read, and placed on file. REPORT OF CITY CONTROLLER The report of the City Controller for the month of August, 1968 was submitted to the Council; each Councilman having received a copy of the report prior to the meeting. There being no objection, the report was accepted as read, and placed on file. REPORT OF ORDINANCE COMMITTEE To the Common Council of the City of South Bend: Your Ordinance Committee to whom was referred AN ORDINANCE TO CREATE A CUMULATIVE SEWER BUILDING AND SINKING FUND TO BE KNOWN AND DESIGNATED AS THE SEWAGE TREATMENT, STORM SEWER AND DISPOSAL PLANT FUND, AND PROVIDING FOR A TAX LEVY OF $.50 ANNUALLY FOR A PERIOD OF TWELVE (12) YEARS. Respectfully report that they have examined the matter and that in their opinion recommend the Ordinance be amended as follows: In the title, line 1, insert word "sewer" before building. line 2, delete word "sewer" line 5, delete ';:'$.50" and insert "$.25" In Section I, line 3, following word special, Insert "cumulative sewer" In Section II, line 3, delete "sewage disposal plant and" line 4, delete "to such plants" In Section III, line 3, delete "$.50" and insert "$.25" In Section IV, line 3, insert "8:00 P." and "7th" line 4, "October" And further, I move that the report of the Ordinance Committee be accepted and that the ordinance be amended by reducing the amount of the levy to $.25: and by setting the ordinance for public hearing at 8:00 P.M. on October 7, 1968, at a Special Meeting of the Council, with publication notice of said public hearing to be given in the newspaper, pursuant to statute, on September 27, 1968, and October 4, 1968: and with the Clerk of the Council directed to give notice of our action to the Indiana State Board of Tax Commissioners. /s/ Robert 0. Laven Chairman There being no objection, the report was accepted as read, and placed on file. Councilman Wise seconded the motion of Councilman Laven that the Ordinance be set for public hearing on October 7, 1968. Motion carried. ORDINANCES, THIRD READING ORDINANCE NO. 5033 -68 AN ORDINANCE PROVIDING FOR THE RECEIVING AND CONVEYING OF A GIFT OF REAL PROPERTY TO THE CITY OF SOUTH BEND, INDIANA. The Ordinance was given third reading and passed by a roll call vote of 9 ayes, (Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Wise, Palmer, and Zielinski). 0 absent. Councilman Janet S. Allen, asked if the donors of the property were in the Council Chambers. Since they were not, President Laven ORDINANCE NO. 5034 -68 directed a letter be sent to them thanking them for their gift AN ORDINANCE APPROPRIATING $300.00 FROM THE GENERAL in behalf of the City. FUND TO ACCOUNT B -212, "POSTAGE" AND $1,500.00 FROM THE GENERAL FUND TO ACCOUNT B -242, "PUBLICATION OF LEGAL NOTICES ", BOTH ACCOUNTS BEING IN THE OFFICE OF CITY CONTROLLER. The Ordinance was given third reading and passed by a roll call vote of 9 ayes, (Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Wise, Palmer, and Zielinski). 0 absent. REGULAR MEETING SEPTEMBER 23 1968 RGllV Lt�R 11GL111YV ORDINANCES, THIRD READING (continued) ORDINANCE NO. 5035 -68 AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION ` TO ACCOUNT 51, "INSURANCE & PREMIUMS" IN THE AMOUNT OF $5,500.00 AND THE TRANSFER OF SAID SUM FROM ACCOUNT 221, "ELECTRIC CURRENT ", IN THE DEPARTMENT OF PUBLIC PARKS, ALL BEING WITHIN THE GENERAL PARK FUND. The Ordinance was given third reading and passed by a roll call vote of 9 ayes, (Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Wise, Palmer, and Zielinski). 0 absent. ORDINANCE NO. 5036 -68 AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION TO ACCOUNT E -55, "SUBSCRIPTIONS AND DUES" IN THE AMOUNT OF $115.00 AND THE TRANSFER OF SAID SUM FROM ACCOUNT E -37, "OTHER SUPPLIES" ($32.03) AND ACCOUNT E -363, "OTHER OFFICE SUPPLIES" ($82.97) IN THE OFFICE OF THE CITY JUDGE, ALL BEING WITHIN THE GENERAL FUND. The Ordinance was given third reading and passed by a roll call vote of 9 ayes, (Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Wise, Palmer, and Zielinski). 0 absent. ORDINANCE NO. 5037 -68 AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION TO ACCOUNT L -722, "MOTOR EQUIPMENT" IN THE AMOUNT OF $2-,860.50, AND THE TRANSFER OF SAID SUM FROM ACCOUNT L -11, "SERVICES PERSONAL ", IN THE DEPARTMENT OF THE CITY ENGINEER, ALL BEING WITHIN THE GENERAL FUND, AS AMENDED. The Ordinance was given third reading and passed by a roll call vote of 8 ayes, (Councilmen Laven, Craven, Reinke, Grounds, Szymkowiak, Wise, Palmer, and Zielinski). 1 nay, Councilman Allen, 0 absent. ORDINANCE NO. 5038 -68 AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION TO ACCOUNT P -361, "PHOTO SUPPLIES" IN THE AMOUNT OF $1,000.00, AND THE TRANSFER OF SAID SUM FROM ACCOUNT P -11, "SERVICES PERSONAL" IN THE SOUTH BEND POLICE DEPARTMENT, ALL BEING WITHIN THE GENERAL FUND. The Ordinance was.given third reading and passed by a roll call vote of 9 ayes, (Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Wise, Palmer, and Zielinski). 0 absent. ORDINANCES. FIRST AND SECOND READING ORDINANCE AN ORDINANCE ANNEXING TERRITORY TO THE MUNICIPAL CITY OF SOUTH BEND, INDIANA (330 feet West of North Ironwood Drive and and approximately 172 feet North of Edison Road) The Ordinance was given first reading by title and second reading in full. Councilman Szymkowiak made a motion the Ordinance be set for public hearing on October 14, 1968. Councilman Palmer seconded the motion. Motion carried. ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION TO ACCOUNT B -53, "REFUNDS, AWARDS AND INDEMNITIES" IN THE CONTROLLER'S OFFICE IN THE AMOUNT OF $5,000.00 AND THE TRANSFER OF SAID SUM FROM ACCOUNT P -11, "SERVICES PERSONAL" IN THE POLICE DEPARTMENT, ALL BEING WITHIN THE GENERAL FUND. The Ordinance was given first reading by title and second reading in full. Councilman Grounds made a motion the Ordinance be set for public hearing on October 14, 1968. Councilman Szymkowiak seconded the motion. Motion carried. ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION TO ACCOUNT P -252, "REPAIR OF EQUIPMENT ", IN THE AMOUNT OF $3,000.00 AND THE TRANSFER OF SAID SUM FROM ACCOUNT P -11, "SERVICES:T'ERSONAL" IN THE POLICE DEPARTMENT, ALL BEING WITHIN THE GENERAL FUND. The Ordinance was given first reading by title and second reading in full. Councilman Palmer made a motion the Ordinance be set for public hearing on October 14, 1968. Councilman Craven seconded the motion. Motion carried. . 0 5 REGULAR MEETING SEPTEMBER 23, 1968 ORDINANCES, FIRST AND SECOND READING (continued) ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION TO ACCOUNT Q -43, "REPAIR PARTS" IN THE AMOUNT OF $1,000.00 AND TO ACCOUNT Q -252, "REPAIRS OF EQUIPMENT" IN THE AMOUNT OF $1,200.00 AND THE TRANSFER OF SAID SUMS FROM ACCOUNT Q -11, "SAL- ARIES", IN THE FIRE DEPARTMENT BUDGET, ALL BEING WITHIN THE GENERAL FUND. The Ordinance was given first reading by title and second reading in full. Councilman Szymkowiak made a motion the Ordinance be set for public hearing on October 14, 1968. Councilman Craven seconded the motion. Motion carried. UNFINISHED BUSINESS Councilman Janet S. Allen recommended a place be set on the Agenda, following the Committee of the Whole Meetinng, for persons wishing to be heard on various complaints. It would give them an opportunity to speak before the regular meeting, which often runs quite late. Councilman Allen made a motion a Temporary Rules Committee be set up to handle the matter. Councilman Zielinski seconded the motion. Motion carried. The following letter was read by Mr. Hassen J. Abraham, 4328 S. Fellows St. September 13, 1968 TO THE COMMON COUNCIL OF SOUTH BEND: When we attended the Council Meeting on September 9, we entered with a great deal of trepidation. Our neigh- borhood was in great danger and we were fearful of your reaction to our problem. We had lived on rumors and half truths for months. Many had told us we would not be given the same consideration as the petitioner. As evidenced by the number of us that were present we could not accept such a premise, and obviously faith in your representatives can be rewarding. Some may feel that we are just magnanimous because the petition was denied. In fact, we feel that our position was correct and your decision is in keeping with good government. Many of us are ashamed that our first appearance at the council meeting was in a participating capacity. We've probably been remiss in our civic duties, and should be there more often as observers. Now that we've seen the scope of your activities we are impressed by your procedures and problems. It must be a strain to maintain calm efficience while sitting in your "circle of fire ". Please accept our names that follow as expressions of appreciation for your consideration. Signed by: 65 Residents of the area petitioned to be rezoned located North Side Ireland Road and Walter St. There being no further business to come before the Council, Councilman Wise made a motion to adjourn. Councilman Craven seconded the motion. Motion carried. Time: 9:23 P.M. ATTEST: APPROVED: PRESIDENT