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HomeMy WebLinkAbout03-24-69 Council Meeting MinutesREGULAR MEETING REGULAR MEETING MARCH 24, 1969 MARCH 24, 1969 Be it remembered that the Common Council of the City-of South Bend, Indiana met in the Council Chambers in City Hall on Monday, March 24, 1969, at 8:13 p.m., with all members present. The meeting was called to order by President Robert 0. Laven, who presided. ROLL CALL: PRESENT: Councilmen 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 that they have inspected the minutes of March 10, 1969 meeting of the Council and found them correct. They therefore recommend that the same be approved. /s/ Robert O. Laven /s/ Janet S. Allen /s/ Albert E. Palmer There being no objections, the report was accepted as read, and placed on file. CITIZENS REQUESTS - MISCELLANEOUS MATTERS Council - President Laven told the audience that it was a pleasure to see so many people attend- ing the meeting. Introduced were ; students -from a 9th grade Social Studies Class at John Adams High School. They said they were to write a report on the Council meeting. Council- President Laven explained the Council's procedure in transacting business during the meeting. Miss Virginia Guthrie, suggested that the Citizens requests part of the agenda be changed to the end of the business meeting so that people who have questions may have an opportunity to ask questions. PETITIONS PETITION TO AMEND ZONING ORDINANCE We, the undersigned, do hereby respectfully make application and petition the Common Council of the City of South Bend, Indiana, 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 123 E. Ireland Road, South Bend, Indiana 2. The property is owned by Lester E. Bassett and Barbara E. Bassett, husband and wife; James M. Bassett; and Helen Bassett Bartol, life tenant. 3. A legal description of the property is as follows: Land bounded by a line which begins at a point 1,490.25 feet West of the Southeast corner of the Northwest Quarter (%) of Section Twenty -five (25), Township Thirty -seven (37) North, Range Two (2) East; running thence 170.2 feet; thence West 145..45 feet; thence South 170.2 feet to the South line of the Northwest Quarter (k) of said Section Twenty -five (25); thence East 145.45 feet to the place of beginning, all in St. Joseph County, Indiana, subject to all legal highways of record. 4. It is desired and requested that the foregoing property be rezoned: From A Residential Use and A Height and Area District To C -1 Commercial 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 (s) will be constructed Principal offices of Physicians and /or Dentists, in a 4 unit office building. 6. Number of off street parking spaces to be provided Twenty (20) 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/ Bruce H. Stewart Attorney for Petitoners 403 St. Joseph Bank Bldg. South Bend, Indiana 46601 Petition prepared by Bruce H. Stewart REGULAR MEETING MARCH 24, 1969 PETITIONS (Continued) PETITION TO AMEND ZONING ORDINANCE We,the undersigned, do hereby respectfully make application and petition the Common Council of the City of South Bend to amend the Zoning Ordinance of the City of South Bend as hereinafter requested, and in support of this application, the following facts are shown: 1. The property sought to be rezoned is located at 2901 South Michigan St. South Bend, Indiana 2. The property is owned by Mary Reygaert, Elizabeth Mutzl and Madeline Dillon. 3. A legal description of the property is as follows: Lots 56 and 57 in Oakside_Third Plat, an Addition to the City of South Bend, Indiana 4. It is desired and requested that the foregoing property be rezoned: From B Residential Use and A Height and Area District. To C Commercial 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: The establishment of a "Pizza Hut" restaurant together with the necessary parking facilities. 6. Number of Off - street parking spaces to be provided: Thirty -two (32). 7. Attached is a copy of: a.) an existing plot plan showing the property and. other surrounding properties; b.) names and addresses of all the indi- viduals, firms or corporations owning property within 300 feet of the property sought to be rezoned; c.) site development plan. Petition Prepared by: Joseph T. Helling Suite 600, 224 W. Jefferson Blvd. South Bend, Indiana 46601 PETITIONS /s/ Mary Reyqaert Signature of Petitioner(s) Elizabeth Mutzl Madeline Dillon 1133 E. Calvert Street South Bend, Indiana PETITION TO AMEND ZONING ORDINANCE We, the undersigned, do hereby respectfully make application and petition the Common Council of the City of South Bend to amend the Zoning Ordinance of the City of South Bend identified as Ordinance #4990, Ordinance 3702 as amended to the extent it is still effective, and the Municipal Code of South Bend, Indiana S 40 -1 to S 40 -43, as amended to the extent it is still effec- tive, as hereinafter requested, and in support of this application, the following facts are shown: 1. The property sought to be rezoned is located at the Southwest corner of Ewing and Main Streets in the City of South Bend, Indiana. 2. The property is owned by Robert Myler Kintz, Sr., Mamie A. Kuntz, Carey Kuntz Copeland, T. Earl Kuntz, Ethel Kuntz, Carey Belle Kell, Paul Kell, Mary Jane Erler and Walter C. Erler, Jr. 3. A legal description of the property is as follows: Part of the Northwest Quarter (%) of the Northwest Quarter (k) of Section 24, Township 37 North, Range 2 East, more particularly described as follows: Commencing at the Southwest corner of the intersection of Main Street and Ewing Avenue, as existed on February 6, 1969; thence Southerly 723.6 feet more or less, along the West line of Main Street to a point, said point being the North line of a tract of land conveyed to State Wide Aluminum Products, Inc. by a deed dated December 9, 1968 and recorded Dece- �mber 19, 1968 in Deed Record 709, page 183; thence West and along the North line of said tract 1493 feet to a point in the East line of the Penn Railroad Right -of -way; thence Northerly 723.6 feet more or less, along the East line of said Right -of -way line to a point on the South line of Ewing Avenue; thence Easterly 149 feet along the South line of said Ewing Avenue to the place of beginning. LC.G V V Ltiit 1•W L' 1 11V V PETITIONS (Continued) 4. It is desired and requested that the foregoing property be rezoned: From E Heavy Industrial Use and F Height and Area District. To C Commercial Use and D 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: Erection of a Kroger Co., supermarket measuring approximately 103' x 145' with loading ramp, employee parking area, and customer parking, all parking areas being paved. 6. Number of off - street parking spaces to be provided, not including employee parking spaces, approximately 135 -140, the minimum required under the ordinance being only 75 parking spaces. 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/ Robert Myler Kuntz, Sr. /s/ T. Earl Kuntz /s/ Mamie A. Kuntz /s/ Ethel Kuntz 2913 S. Michigan St.,South Bend, Ind. - 705 Country Club Lane South Bend, Indiana /s/ Carey Kuntz Copeland 1629 S. Michigan St.,South Bend, Ind. /s/ Carey Belle Kell /s/ Paul Kell /s/ Mary Jane Erler N94 W20510 Schlei Rd. /s/ Walter C. Erlex,Jr. Meno. Falls, Wisconsin 1323 E. Ewing Ave. South Bend, Indiana Petition prepared by Douglas D. Seely;Jr., Atty. 801 Odd Fellows Building South Bend, Indiana 46601 REPORT FROM AREA PLAN COMMISSION March 19, 1969 The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: Location: St. Joseph River & Angela Blvd. Bridge The attached rezoning petition of Whitcomb & Keller, Inc. was legally advertised under date of March 8 and 15 and given public hearing on March 18, 1969. The following action was taken: After due consideration, it was moved, seconded, and carried that the ordinance and site development plan be recommended favorably to the Common Council. Attached hereto and made a part of this report is an excerpt from the minutes of the meeting as they pertain to this petition. Very truly yours, /s/ John K. Wilson, Executive Director JKW/CAS Enc. REPORT FROM AREA PLAN COMMISSION March 19, 1969 The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: Location: Intersection Maple & Douglas Roads The attached rezoning petition of Hartman Builders, Inc., was legally advertised under date of March 8 and 15 -and given public hearing on March 18, 1969. The following action was taken: After due consideration, it was moved, seconded, and carried that the ordinance be recommended favorably to the Common Council. Attached hereto and made a' part of this report is an excerpt from the minutes of the meeting. Very truly yours, /s/ John K. Wilson, Executive Director JKW /CAS Attach. REGULAR MEETING MARCH 24, 1969 REPORT FROM AREA PLAN COMMISSION March 19, 1969 The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: The attached ordinance amending Sections 40 -27 and 40 -28 of the Municipal Code of the City of South Bend, Indiana was legally advertised under date of March 8 and 15 and given public hearing on March 18, 1969. The following action was taken: After due consideration, it was moved, seconded, and carfied that the ordinance be recommended favorably to the Common Council. Attached hereto and made a part of this report is an excerpt from the minutes of the meeting. Very truly yours, /s/ John K. Wilson, Executive Director JKW /CAS Attach. REPORT FROM AREA PLAN COMMISSION March 19, 1969 The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: Location: 731 Rose Street The attached rezoning petition of Stephen Boskey, et al, was legally advertised under date of February 15 and 22 and was given public hearing on March 18, 1969. The following action was taken: After due consideration, it was moved, seconded, and carried that the ordinance and site development plan be recommended favorably to the Common Council. Attached hereto and made a part of this report is an excerpt from the minutes of the meeting as they pertain to this petition. Very truly yours, /s/ John K. Wilson, Executive Director JKW /CAS Attach. REPORT OF THE CITY CONTROLLER The report of the City Controller for the month of February, 1969 was submitted to the , Council. Each Councilman received a copy of the report prior to the meeting. Councilman Allen made a motion that the report be accepted as submitted and placed on file. Councilman Zielinski 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 PROHIBITING THE EXPOSING OF MINORS TO HARMFUL MATERIALS AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF, 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 objections, the report was accepted as read, and placed on file. ORDINANCES, THIRD READING ORDINANCE NO. 5068 -69 AN ORDINANCE PROHIBITING THE EXPOSING OF MINORS TO HARMFUL MATERIALS AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF, AS AMENDED. 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 nays,0 absent. REGULAR MEETING ORDINANCES, FIRST AND SECOND READING ORDINANCE 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. MARCH Z4, lVbJ The Ordinance was given first reading by title and second reading in full. Councilman Reinke made a motion that the Ordinance be set for public hearing on April 14, 1969. Councilman Grounds seconded the motion. Motion carried. ORDINANCES, FIRST AND SECOND READING ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE 4990 CHAPTER 40 OF MUNICIPAL CODE) OF THE CITY OF SOUTH BEND INDIANA. (ORDINANCE AFFECTING THE ZONING ON AN UNRECORD- ED TRACT OF LAND LYING BETWEEN THE EAST BANK OF THE ST. JOSEPH RIVER, AND THE MICHIGAN CENTRAL RAILROAD RIGHT- OF-WAY, BEGINNING APPROXIMATELY 200 FEET NORTH OF THE ANGELA BRIDGE, IN THE CITY OF SOUTH BEND, INDIANA. 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 April 14, 1969. Councilman Craven seconded the motion. Motion carried. ORDINANCES, FIRST AND SECOND READING • A �" r AN ORDINANCE ANNEXING TERRITORY TO THE MUNICIPAL CITY OF SOUTH BEND, INDIANA, WHICH IS GENERALLY DESCRIBED AS LIBERTY HIGHWAY (S.R. 23), BY -PASS AND GERTRUDE STREET (LINDEN) ANNEXATION. The Ordinance was given first reading by title and second reading in full. Councilman Allen made a motion that the Ordinance be referred to the Area Plan Commission and the Annexation Committee for a report. Councilman Zielinski seconded the motion. Motion carried. ORDINANCES, FIRST AND SECOND READING ORDINANCE AN ORDINANCE ANNEXING TERRITORY TO THE MUNICIPAL CITY OF SOUTH BEND, INDIANA, WHICH IS GENERALLY DESCRIBED AS NOTRE DAME ANNEXATION. The Ordinance was given first reading by title and second reading in full. Councilman Szymkowiak made a motion that the Ordinance be referred to the Area Plan Commission and the Annexation Committee for a report. Councilman Reinke seconded the motion. Motion carried. ORDINANCES,, FIRST AND SECOND READING ORDINANCE AN ORDINANCE ANNEXING TERRITORY TO THE MUNICIPAL CITY OF SOUTH BEND, INDIANA, WHICH IS COMMONLY DESCRIBED AS WHITCOMB & KELLER'S APARTMENT COMPLEX. The Ordinance was given first reading by title and second reading in full. Councilman Reinke made a motion that the Ordinance be referred to the Area Plan Commission and the Annexation Committee for a report. Councilman Wise seconded the motion. Motion carried. ORDINANCES, FIRST AND SECOND READING AN ORDINANCE ANNEXING TERRITORY TO THE MUNICIPAL CITY OF SOUTH BEND, INDIANA, WHICH IS GENERALLY DESCRIBED AS ST. MARY'S ANNEXATION. The Ordinance was given first reading by title and second reading in full. Councilman Szymkowiak made a motion that the Ordinance be referred to the Area Plan Commission and the Annexation Committee for a report. Councilman Allen seconded the motion. 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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 April 14, 1969. Councilman Craven seconded the motion. Motion carried. Councilman Grounds made a motion that the Council recess for 15 minutes. Councilman Craven seconded the motion. Motion carried. Time: 8:53 p.m. The meeting of the Common Council reconvened at 9:15 p.m. presided. RESOLUTIONS RESOLUTION NO. 208 -69 Council - President Robert 0. Laven RESOLUTION AUTHORIZING THE FILING OF APPLICATION WITH THE STATE OF INDIANA FOR A GRANT UNDER CHAPTER 218, ACTS OF THE 1967 INDIANA GENERAL ASSEMBLY. WHEREAS, Chapter 298, Acts of the 1967 Indiana General Assembly and the Federal Water Pollution Control Act provide financial aid for the construction of sewage treatment works; and WHEREAS, South Bend, Indiana, herein called the Municipality, has plans for a muni- cipal water pollution control project generally described as: Improvements to existing chlorine contact tank, chlorination equipment, final chlorine tank and outfall, two new final tanks and improvements to three existing final tanks, aeration tanks and equipment, gallery building and equipment, degritting and sludge thickening, improv- ements to digestors, miscellaneous items such as sludge preheaters, drainage improvements to existing final tanks, finish effluent pumping station, main for plant cooling water and other uses, extension to existing grit building, new metering equipment in raw and digested sludge lines, mechanized trash racks, enclosure of structures over scum burner, chemical feeding equipment, flocculators and other improvements necessary for phosphate removal; NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: 1. That the Mayor of the City of South Bend, Indiana, be authorized to make appli- cation for a State grant and provide the Stream Pollution Control Board such information, data, and documents pertaining to the application for a grant as may be required, and otherwise act as the authorized representative of the Municipality in connection with said application. 2. That the Municipality agrees that if a Federal grant and State assistance for the Project are provided pursuant to Section 8 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 446 et seq.), and Chapter 298, Acts of 1967 Indiana General Assembly, the City of South Bend, Indiana, will pay the remaining costs of the approved construction. 3. That all statements, data, and supporting documents made or submitted by the Municipality in connection with any application for Federal assistance for the proposed con- struction are to be deemed a part of the application for State assistance. 4. That the Municipality agrees to comply with the requirements of the Stream Pollution Control Board. S. That certified copies of this resolution be prepared in quadruplicate to accom- pany an application for a State grant for the construction of the municipal water pollution control project. /s/ Frederick D. Craven Member of the Common Council John L. Hunter, Water Works Superintendent, outlined the improvements that are to be made in order for the city to comply with government standards for sewage plant operations. He said that larger sums are being sought because of steadily rising construction costs and because the Indiana Stream Pollution Control board has added the extra requirement that phos- phates also be removed from effluent dumped into the St. Joseph River by the sewage plant. In reply to Miss Virginia Guthrie, executive secretary of the South Bend Civic Planning Asso- ciation, Mr. Hunter said the new estimated cost of making improvements will hold good only as long as the Federal government does not alter its mandates on ending stream pollution. In reply to questions from various Councilmen, Mr. Hunter said the city would have to raise the existing sewage rates if these improvements would have to be made without federal or state financial help. Coulcilman Gerald Reinke made a motion that the resolution be adopted. Council man Grounds seconded the motion. Motion carried. 9 ayes (Councilmen Laven, Allen, Craven, Wise, Grounds, Palmer, Reinke, Szymkowiak, and Zielinski) 0 nays. A %3ULt1K Ivinr.Tivu RESOLUTIONS RESOLUTION NO. 209 -69 MARCH 24, 1969 RESOLUTION AUTHORIZING FILING OF APPLICATION WITH THE APPROPRIATE AGENCY FOR A GRANT UNDER THE TERMS OF PUBLIC LAW 660. WHEREAS, the City of South Bend is considering the construction of certain sewage works improvements; and, WHEREAS, pursuant to Public Law 660 Federal funds are available in the form of an outright grant for cettain stream pollution abatement projects; and, WHEREAS, it is believed that the major portion of the seqage works improvements proposed by the City of South Bend, Indiana, qualify for a Federal grant. INDIANA: NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, 1. That an application for a Federal grant for sewage treatment works construction be filed with the proper agency to aid in financing the construction of the following improve- ments to the sewage treatment plant of the City of South Bend, Indiana: Improvements to existing chlorine contact tank, chlorination equipment, final chlorine tank and outfall, two new final tanks and improvements to three existing final tanks, aeration tanks and equipment, gallery building and equipment, degritting and sludge thickening, improve- ments to digestors, miscellaneous items such as sludge preheaters, drainage improvements to existing final tanks, finish effluent pumping station, main for plant cooling water and other uses, extension to existing grit building, new metering equipment in raw and digested sludge lines, mechanized trash racks, enclosure of structures over scum burner, chemical feeding equipment, flocculators and other improvements necessary for phosphate removal. 2. That the Mayor of the City of South Bend, Indiana, be authorized to sign said application and such other documents as may be necessary, including the offer and acceptance form. John L. Hunter, Supt. Water Works spoke motion that the resolution be adopted. ried. 9 ayes (Councilmen Allen, Craven, RESOLUTIONS RESOLUTION NO. 210 -69 /s/ Walter Szymkowiak Member of the Common - Council in favor of the resolution. Councilman Craven made a Councilman Szymkowiak seconded the motion. Motion car - Grounds, Laven, Palmer, Reinke Zielinski, Wise and . Szymkowiak.)0 nays. REQUESTING THE U. S. DEPARTMENT OF TRANSPORTATION TO REVIEW ITS DECISION RESPECTING TIME IN THE ST. JOSEPH COUNTY, INDIANA. WHEREAS, petitions were previously filed with the U.S. Department of Transportation some of which requesting that St. Joseph County be moved from the Central to the Eastern Time Zone; and, WHEREAS, after consideration of the matter, the Department of Transportation announc- ed a decision to move the time line so as to include St. Joseph County, Indiana, and therewith the City of South Bend, Indiana in the Eastern Time Zone, effective April 27, 1969; and, WHEREAS, the State Government by Veto action of the Governor on a proposed law passed by the 1969 INDIANA GENERAL ASSEMBLY, which would have exempted the State from the "daylight" requirement of the Federal Uniform Time Act, has determined that the St. Joseph County, Indiana, and the City of South Bend must observe daylight time during the summer six months, and standard time during the winter six months, thereby initially resulting in a two -hour time change to the residents of this area; and, WHEREAS, it is the belief of this body that a majority of the residents in the City of South Bend, when required to observe daylight time, would prefer to be included in the Central Time Zone, thereby resulting in only a one -hour time change each six months to the residents of this area. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA. THAT WE REQUEST THE U.S. DEPARTMENT OF TRANSPORTATION TO REOPEN CONSIDERATION OF THE ABOVE MENTIONED DECISION, TO HOLD HEARINGS AND CONDUCT STUDIES ON THE MATTER CONCERNING ACTIONS OF THE INDIANA STATE GOVERNMENT AS IT RELATES TO ST. JOSEPH COUNTY, AND THE CITY OF SOUTH BEND, INDIANA. AND, FURTHER, we request that the currently established time line at the Eastern border of St. Joseph County be observed until this reconsideration has been concluded and also for so long as the observanceof daylight saving time in this area is mandatory. The granting of such a request would permit St. Joseph County, during this period of reconsideration, to continue to observe Central Standard and Central Daylight Time as it now presently is doing and has done for the past years. /s/ Robert 0. Laven Member of the Common Council Council:- .President Laven explained that the resolution refers to the U.S. Dept. of Transportation decision to include St. Joseph County in the Eastern Standard Time Zone. REGULAR MEETING MARCH 24, 1969 RESOLUTIONS RESOLUTION NO. 210 -69 (Continued) Councilman Craven made the following statement "Whereas, there appears to be near unanimity of opinion that the solution of the Indiana General Assembly as expressed in its proposed law to regulate such time changes was far more reasonable in its application than the two hour time change which will now be forced upon the South Bend community by.the veto of said governor,and, Whereas, it further appears that the governor's veto of said.proposed law for the regulation of time was unwise and not in the best interests of the people of South Bend, Indiana, nor of innumerable others. NOW, THEREFOR, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, that we wish to make of record our strong support of the Indiana General Assembly's position with respect to time changes throughout the State of Indiana; urge favorable reconsideration of said position at the earliest possible time; and further urge such legal, legislative, or administrative action as may be feasible to attempt to overcome the unfortunate effect of the governor's veto of said Indiana General Assembly's proposed law for the regulation of time changes in the State of Indiana." Councilman Craven's statement was supported unanimously by all the Councilmen. Councilman Reinke made a motion that the resolution be adopted. Councilman Szymkowiak seconded the motion. Motion carried. Two Roll call votes were taken with the following results: 7 ayes '(Councilmen Craven, Palmer, Laven, Reinke, Szymkowiak, Zielinski and Wise) 2 nays (Councilmen Grounds and Allen. OLD BUSINESS Councilman Allen stated that once a property has been rezoned showing a certain site plan, the Area Plan Commission should not approve a change of site plans without referring same to the Council. She suggested that the City Attorney correct the wording in the Zoning Ordinance to prevent this sort of thing happening in the future. Councilman Allen stated there have been as many as fourteen grass fires in one day. She beli, there should be an ordinance stating if there are grass fires, the owners of the property are responsible for any damage occurring. Councilman.Szymkowiak said the increase in fires could be due to the dry weather we have had lately. He also noted that the City Attorney is drawing up an ordinance on inoperable or "junk cars ". NEW BUSINESS Councilman Grounds said that he has received many calls from his constituents complaining about real estate dealers misreprestnting unimproved streets by calling them asphalt paved streets. He stated that home buyers think they are buying a house on a paved street but it is actually an unimproved street consisting of an oil mat surface over gravel. The oil mat gives it the appearance of being an asphalt pavement. He said he believed something should be done about this problem. Council::- President Laven asserted that both agents and prospective buyers may consult the records of the Engineering Department to learn the actual type of a street. There being no further business to come before the Council, Councilman Craven made a motion to adjourn. Councilman Wise seconded the motion. Motion carried. The meeting adjourned at 10:00 p.m. ATTEST: I APPROVED: