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HomeMy WebLinkAbout07-28-69 Council Meeting MinutesREGULAR 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, July 28, 1969 at 9:03 p.m., all members present. The meeting was called to order by President Robert 0. Laven, who presided. PRESENT: Councilmen Laven, Allen, Craven, Grounds Szymkowiak, Wise, Zielinski,Reinke and Palmer. ABSENT: None. CITIZENS REQUESTS - MISCELLANEOUS MATTERS Mayor Lloyd M. Allen addressed the Council in presenting his budget and said that despite substantial increases in the budget over 1969, the City still is asking only for minimums in funds to accomplish important goals. He said the budget contains funds for the establishment of a central relocation office for families displaced by renewal projects, but contains no additional funds for solving the critical water pollution and flood control problems or for trash removal. 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 inspected the minutes of the Special Meeting of July 7, 1969 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 There being no objections, the report was accepted as read and placed on file. 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 inspected the minutes of July 14, 1969 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 There being no objections, the report was accepted as read and placed on file. REPORT FROM COMMITTEE OF FINANCE To the Common Council of the City of South Bend: Your Committee, the Committee of Finance, to whom was referred "AN ORDINANCE APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF ALL BUDGET OPERATED DEPARTMENTS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1970, AND ENDING DECEMBER 31, 1970, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFE Respectfully report that they have examined the matter and that in their opinion the Ordinance receive First and Second Reading on July 28, 1969, be legally advertised and set for Public Hearing on August 25, 1969. /s/ Robert 0. Laven, Chairman /s/ Fredrick D. Craven, Co- Chairman There being no objections, the report was accepted as read and placed on file. REGULAR MEETING JULY 28, 1969 PETITIONS Petition to Amend Zoning Ordinance: (Portage Avenue) We, the undersigned, do hereby respectfully make application and petition the South Bend Common Council to amend the Zoning Ordinance of 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 Portage Avenue, bounded on the north by the Indiana Toll Road, the west by Maple Road and the east by Portage Avenue. 2. The property is owned by Virgil A. Place, Helen Scott Place, Robert B. Place, Beverly Place, J. Henry Amt. Janet Amt, Chester R. Waggoner, Anne Waggoner, Cordelia Waggoner and Grant - Holladay Construction Corporation. 3. A legal description of the property is as follows: A tract of land in the North 1/2 of Section 27, Township 38 North, Range 2 East, St. Joseph County, Indiana, described as follows: Beginning on a line drawn parallel to and distant 150 feet Southerly of, measured on a line normal to, the centerline of the Indiana East -West Toll Road as shown by plat recorded in the St. Joseph County map records, at a point therein opposite station 4146 + 30; thence Southwesterly in a direct line to a point which is 20.00 feet East of the West line of said Section 27 and 580 feet South of the Northwest corner of said Section 27; thence Westerly 20.00 feet to the West line of said Section 27 (being also on the centerline of Maple Road); thence South 000 01'30" West 1417.16 feet along the West line of said Section 27 (being also the centerline of Maple Road) thence South 890 59' 06" East, 2954.21 feet to a point on the centerline of Portage Road; thence South 660 40' 10" West, 30.00 feet; thence Northwesterly to the intersection with a line drawn parallel to and distant 150 feet Southerly of, measured on a line normal to, the centerline of the Indiana East -West Toll Road as shown by plat recorded in the St. Joseph County Map Records at a point 65.00 feet Westerly, measured at right angles to the centerline of said Portage Road; thence Westerly along a line drawn parallel to and distant 150 feet Southerly of, measured on a line normal to, the centerline of the Indiana East -West Toll Road as shown by plat recorded in St. Joseph County Map Records to the point of beginning. Containing + 99.98 acres, subject to legal highways and easements. 4. It is desired and requested that the following described portion of the property referred to in the preceding paragraph #3 be rezoned from "A" Residence District to "B" Residence District: A tract of land in the North 1/2 of Section 27, Township 38 North, Range 2 East, St. Joseph County, Indiana, described as follows: Beginning on a line drawn parallel to and distant 150 feet Southerly of, measured on a line normal to, the Centerline of the Indiana East -West Toll Road, as shown by plat recorded in the St. Joseph County map records, at a point therein opposite Station 4146 +30; thence Southwesterly in a direct line to a. point which is 20 feet East of the West line of said Section 27 and 580 feet South of the Northwest corner of said Section 27; thence Westerly 20 feet to the West line of said Section 27 (being also on the Centerline of Maple Road); thence South 000 01' 30" West 1417.16 feet along the West line of said Section 27 (being also the Centerline of Maple Road); thence South 000 01' 30" West 1417.16 feet along the West line of said Section 27 (being also the Centerline of Maple Road); thence South 890 59' 06" East, 2954.21 feet to a point on the Centerline of Portage Road; thence North 230 19' 50" West, 1097.67 feet along the Centerline of Portage Road; thence South 660 40' 10" West 80 feet; thence North 890 59' 06" West, 510 feet; thence North 000 01' 36" East to the intersection with a line drawn parallel to and distant 150 feet Southerly of, measured on a line normal to, the Centerline of the Indiana East -West Toll Road as shown by plat recorded in the St. Joseph County Map Records; thence Westerly along a line drawn parallel to and distant 150 feet Southerly of, measured on a line normal to, the Centerline of the Indiana East -West Toll Road as shown by plat recorded in St. Joseph County Map Records to the Place of'Beginning, containing +93.72 acres, subject to legal highways and easements. It is desired and requested that the following described portion of the property referred to in the preceding paragraph 3 be rezoned from "A" Residence District to "C -1" Commercial District: A tract of land in the North 1/2 of Section 27, Township 38 North, Range 2 East, St. Joseph County, Indiana, described as follows: Beginning at the intersection of a line drawn parallel to and distant 150 feet Southerly of, measured on a line normal to, the Centerline of the Indiana East -West Toll Road as shown by plat recorded in the St. Joseph County Map Records and a line drawn parallel to and 65 feet Westerly, measured at right angles to the Centerline of Portage Road; thence Southeasterly to a point which is 30 feet from the Centerline of Portage Road; thence North 660 40' 10" East, 30 feet to the Centerline of Portage Road at a point which is 628 feet Southeasterly measured along said Centerline of Portage Road from its intersection with the Toll Road Centerline; thence South 230 19' 50" East, 203.48 feet along the Centerline of Portage Road; thence South 660 40' 10" West, 80 feet; thence N. 890 58' 24" West, 510 feet; thence North 000 01' 36" East, to the intersection with a line drawn parallel to and distant 150 feet Southerly of, measured on a line normal to, the Centerline of the Indiana East -West Toll Road as shown by plat recorded in the St. Joseph County Map Records; thence Easterly along said Toll Road line to the Place of beginning, containing +6.26 acres, subject to legal highways and easements. 5. It is proposed that the property will be put to the following use and the following buildings will be constructed (include number of dwelling units if residential) On property sought to be rezoned "B" Residence, there will be constructed sixteen separate structures containing one, two and three bedroom apartments, or a total of 1680 units; on the REGULAR MEETING JULY 28, 1969 PETITIONS (Continued) property sought to be rezoned "C -1" Commercial, there will be constructed various "C -1" Commercial buildings to contain permissible businesses to serve the occupants of such apartments and other occupants of the surrounding area. 6. Number of off street parking spaces to be provided: For the apartments, see data on annexed Site Development Plan, and offstreet parking spaces for the commercial area will be provided as required by law. (Will be 280 such spaces) 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 individuals, firms or corporations owning property within 300 feet of the property sought to be rezoned; c.) site development plan J. Henry Amt Is /s/ Janet Amt 2009 Old Orchard Lane Elkhart, Indiana Chester W. Waggoner /s/ Anna Waggoner /s/ 50� W. North Shore Drive South Bend, Indiana 46617 Cordelia Waggoner /s/ 1232 Woodward "Avenue South Bend, Indiana 46616 Petition prepared by: Joseph A. Roper, Attorney 316 First Bank Building GRANT- HOLLADAY CONSTRUCTION CORPORATION James J. Kellev Is 3636 Newport Ave. Fort Wayne, Indiana 46805 Virgil A. Place /s/ Helen Scott Place /s/ 60778 Garway Common South Bend, Indiana 46614 Robert B. Place /s/ Beverly Place /s/ 11344 E. Jefferson Road Osceola, Indiana 46561 Councilman Grounds made a motion that the petition be referred to the Area Plan Commission. Councilman Szymkowia7,. seconded.the motion. Motion carried. DVMTMTnNQ Midwest Turnkey,Kenneth D. Guy, Grant & Ewing Streets STATE OF INDIANA } BEFORE THE COMMON COUNCIL OF THE CITY SS: OF SOUTH BEND, INDIANA COUNTY OF ST. JOSEPH ) TO: The Honorable Mayor and the Common Council of the City of South Bend, Indiana PETITION FOR ANNEXATION AND FOR ZONING CLASSIFICATION The undersigned do respectfully represent and show that they are the owners. of the equit- able title or fee simple title of the following described real estate located in St. Joseph County in the State of Indiana, to -wit: (See Descriptions on Schedule I attached) These Petitioners would respectfully show that they own 100% of said real estate and that they desire the same to be annexed to the City of South Bend, Indiana, with a residential zoning district classification, (presently residential zoning). These Petitioners would show that this annexation is in the best interests of the City of South Bend, Indiana, and of the territory sought to be annexed; that it is urban in character and is an economic and social part of the City of South Bend; that municipal services either are at the site or are such that the City will be able to provide them within the reasonably neat future; the area sought by these Petitioners to be annexed is relatively undeveloped and is needed for the orderly development of the City in the immediate future. These Petitioners would also show that the lines of annexation are so drawn as to form a compact area abutting the City of South Bend, Indiana. These Petitioners would respectfully show that they desire this annexation for the purpose of causing the development of a residential housing area and that the annexation and proposed housing development will serve to broaden and enhance the tax base of the City of South Bend and will serve to do no harm to the surrounding area. These Petitioners request that the residential classification be as shall be selected, after study, by the Common Council and the Area Plan Commission. Petitioners show that they are the only persons who can be classified as interested under existing zoning ordinance as amended of the City of South Bend. WHEREFORE, these Petitioners pray and respectfully request that the Common Council refer this matter to the Area Plan Commission and that after hearing on appropriate ordinance be enacted annexing the above described real estate to the City of South Bend with an appropriate residential zoning classification and for all other proper relief in the premises. t[nuu1itit< Pmr TIAU PETITIONS (Continued) (Midwest Turnkey) MIDEWST TURNKEY BUILDERS Of St. Joseph Michigan /s/ Dwight Holland President ATTEST BY: /s/ Harold L. Neal STATE OF INDIANA ) SS: COUNTY OF ST. JOSEPH ) /s/ Charles Kovach /s/ Mary Kovach Husband & Wife Byron L. Lewellen /s/ Louise P. Lewellen /s/ Husband & Wife JULY 28, 1969 Before me, a notary public in and for said County and State, this 16th day of July, 1969, personally appeared Dwight Holland and Harold L. Neal, President and Secretary respectively of MIDWEST TURNKEY BUILDERS of St. Joseph, Michigan, and CHARLES KOVACH and MARY KOVACH, husband and wife, and BYRON L. LEWELLEN and LOUISE P. LEWELLEN, husband and wife, and acknowledged the execution of the above and foregoing Petition for the uses and purposes therein set forth. WITNESS my Hand and Notorial Seal, this 16th day of July, 1969. /s/ Robert L. Miller Notary Public Pty commission expires: 12 -7 -1972 Robert L. Miller Diamond & Miller 112 Lafayette Building South Bend, Indiana 232 -6918 Councilman Reinke made a motion that the petition be placed in the Annexation Committee and simultaneously forwarded to the Engineering Department for their study and recommendations, which recommendations are to be redirected to the Annexation Committee for a report to the Council Councilman Craven seconded the motion. Motion carried. 7 ayes. (Councilmen Allen, Craven, Wise, Grounds, Palmer, Reinke, Laven) 2 nays, (Councilmen Szymkowiak and Zielinski) REPORT OF THE COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend, Indiana: Your Committee of the TA?hole to whom was referred "AN ORDINANCE APPROPRIATING THE SUM OF $39,400.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND FOR ENGINEERING SERVICES, 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 ADDITIONAL APPROPRIATIONS FROM THE GENERAL FUND IN THE AMOUNT OF $1,654.00 TO ACCOUNT C -11, "SERVICES PERSONAL" AND IN THE AMOUNT OF $286.00 TO ACCOUNT C -213, "TRAVELING EXPENSES ", IN THE OFFICE OF THE CITY CLERK AND 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 CREATING A "JUNK VEHICLE FUND" AND DENOMINATING THE BOARD OF PUBLIC WORKS AND SAFETY AS THE DEPARTMENT OF CITY GOVERNMENT RESPONSIBLE FOR THE REMOVAL, STORAGE AND DISPOSAL OF ABANDONED VEHICLES ACCORDING TO THE ABANDONED VEHICLE ACT ENACTED BY THE 1969 INDIANA GENERAL ASSEMBLY. 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. REGULAR MEETING JULY 28, 1969 I REPORT OF THE COMMITTEE OF THE WHOLE I To the Common Council of the City of South Bend, Indiana: Your Committee of the Whole to whom was referred "AN ORDINANCE FURTHER AMENDING ORDINANCE NO. 3232, AS AMENDED, COMMONLY KNOWN AS THE COUNCILMANIC DISTRICT ORDINANCE, BEING SECTION 12 OF CHAPTER 1 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND." 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 There being no objection, the report was accepted as read, and placed on file. REPORT OF THE COMMITTEE OF THE WHOLE I To the Common Council of the City of South Bend, Indiana: Your Committee of the Whole to whom was referred to "AN ORDINANCE AMENDING ORDINANCE NO. 3232 ADOPTED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, THEREAFTER AMENDED AND AS ADOPTED AND CODIFIED OCTOBER 14, 1963, COMMONLY KNOWN AS THE COUNCILMANIC DISTRICT ORDINANCE OF THE CITY OF SOUTH BEND." (Minority Members) Respectfully report that they have examined the matter and that in their opinion the Ordinance go to the Council as unfavorable. Motion carried. /s/ William W. Grounds There being no objection, the report was accepted as read, and placed on file. ORDINANCES, THIRD READING II ORDINANCE NO. 5092 -69 AN ORDINANCE APPROPRIATING THE SUM OF $39,400.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND FOR ENGINEERING SERVICES, AS AMENDED. The Ordinance was given third reading and passed by a roll call vote of 9 ayes, (Councilmen Laven, Allen, Craven, Grounds, Szymkowiak, Zielinski, Wise, Palmer and Reinke) 0 nays. �I ORDINANCES, THIRD READING I) ORDINANCE NO. 5093 -69 AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS FROM THE GENERAL FUND IN THE AMOUNT OF $1,654.00 TO ACCOUNT C -11, "SERVICES PERSONAL" AND. IN THE AMOUNT OF $286.00 TO ACCOUNT C -213, "TRAVELING EXPENSES ", IN THE OFFICE OF THE CITY CLERK AND 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,.Grounds, Szymkowiak, Zielinski, Wise, Palmer and Reinke) 0 nays. ORDINANCES, THIRD READING_ ORDINANCE NO. 5094 -69 AN ORDINANCE CREATING A "JUNK VEHICLE FUND" AND DENOMINATING THE BOARD OF PUBLIC WORKS AND SAFETY AS THE DEPARTMENT OF CITY GOVERNMENT RESPONSIBLE FOR THE REMOVAL, STORAGE AND DISPOSAL OF ABANDONED VEHICLES ACCORDING TO THE ABANDONED VEHICLE ACT ENACTED BY THE 1969 INDIANA GENERAL ASSEMBLY AS AMENDED. The Ordinance was given third reading and passed by a roll call vote of 8 ayes, (Councilmen Laven, Craven, Grounds, Szymkowiak, Zielinski, Wise, Palmer and Reinke) 1 nay, (Councilman Allen) ORDINANCES, THIRD READING ORDINANCE NO. 5095 -69 AN ORDINANCE FURTHER AMENDING ORDINANCE NO. 3232 AS AMENDED, COMMONLY KNOWN AS THE COUNCILMANIC DISTRICT ORDINANCE, BEING SECTION 12 OF CHAPTER 1 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND. The Ordinance was given third reading and passed by a roll call vote of 8 ayes, (Councilmen Allen, Laven,.Craven, Grounds, Wise, Palmer, Reinke and Zielinski -(with reservations). 1 nay, (Councilman Szymkowiak) REGULAR FETING ORDINANCES, FIRST AND SECOND READING nPnTNANrR AN ORDINANCE FOR ADDITIONAL APPROPRIATION FROM THE GENERAL PARK FUND IN THE AMOUNT OF $25,314.03 TO ACCOUNTS 252, 261, 323, 371, 41, 43, 442, 722 & 726. JULY 28, 1969 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 August 11, 1969. Councilman Grounds seconded the motion. Motion carried. ORDINANCES, FIRST AND SECOND READING ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WASTEWATER TREATMENT PLANT OF SOUTH BEND, INDIANA AND E. R. KNAPP & COMPANY, ROCHESTER, INDIANA, FOR CONSTRUCTION AND INSTALLATION OF GAS MIXING EQUIPMENT MANUFACTURED BY RALPH B. CARTER COMPANY IN THE TOTAL AMOUNT OF $258,385.00. 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 August 11, 1969. Councilman Zielinski seconded the motion. Motion carried. ORDINANCES, FIRST AND SECOND READING nPnTMAMPR AN ORDINANCE APPROPRIATING MONEYS FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE SEVERAL DEPARTMENTS OF THE CITY GOVERNMENT OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1970, AND ENDING DECEMBER 31, 1970, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. The Ordinance was given first reading by title. Councilman Allen objected to the second reading. She asserted that the Council Wages and Salaries Committee meeting of last week was legal, its action was altered by the Controller's Office, and it amounted to breaking faith with the Firemen. She claimed it is the duty of the Council to set Police and Firemen's salaries, and not the administration. Councilman Craven made a motion that the Clerk proceed with the second reading. Councilman Reinke seconded the motion. Motion carried. 5 ayes, (Councilmen Laven, Craven, Reinke, Palmer, Grounds) 4 nays, (Councilmen Allen, Wise, Szymkowiak and Zielinski). Councilman Reinke made a motion that the Ordinance be set for public hearing August 25, 1969. Councilman Craven seconded the motion. Motion carried. 8 ayes. (Councilmen Laven, Craven, Reinke, Palmer, Grounds, Allen, Szymkowiak and Zielinski). 1 nay, (Councilman Wise). ORDINANCES, FIRST AND SECOND READING ORDINANCE AN ORDINANCE LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSE FOR THE FISCAL YEAR ENDING DECEMBER 31, 1970. 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 August 25, 1969. Councilman Craven seconded the motion. Motion carried. 8 ayes, (Councilmen Craven, Allen, Laven, Zielinski, Grounds, Palmer Szymkowiak and Reinke). 1 nay, (Councilman Wise). RESOLUTION RESOLUTION NO. 216 -69 A RESOLUTION FOR AN ADDITIONAL APPROPRIATION TO ACCOUNT R -362, "STATIONARY AND PRINTING" IN THE AMOUNT OF $60.00 AND THE TRANSFER OF SAID SUM FROM ACCOUNT R -363, -OTHER OFFICE SUPPLIES" IN THE DEPARTMENT OF WEIGHTS AND MEASURES, 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 appro- priated in the annual budget for the various functions of City Government to meet such extra- ordinary contingencies; and WHEREAS, the higher cost of new improved approval seal necessitates this transfer as a new seal is needed for affixing "Seal of Approval" to weighing and measuring devices tested and found to be correct by this department, and WHEREAS, a surplus exists in another account where it is not presently needed; and more specifically as follows, to -wit; $60.00 in Account R -363, "Other Office Supplies" REGULAR MEETING JULY 28, 1969 RESOLUTION NO. 216 -69 (Continued) NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, that the sum of $60.00 be transferred from Account R -363, designated as "Other Office Supplies" to Account R -362, designated as "Stationary and Printing ", both of said accounts being in the same category "Supplies ", and being within the General Fund. /s/ William W. Grounds Member of the Common Council. Councilman Zielinski made a motion that the Resolution be adopted by a roll call vote. Councilman Allen seconded the motion. Motion carried. 9 ayes. (Councilman Laven, Craven, Allen, Wise, Zielinski, Szymkowiak, Palmer, Reinke and Grounds.) 0 nays. (There being no further business to come before the Council, Councilman Allen made a motion to !adjourn. Councilman Zielinski seconded the motion. Motion carried. Time: 10:40 p.m. 1 ATTE ST : CLE 0 PRESIDENT