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HomeMy WebLinkAbout09-22-69 Council Meeting MinutesREGULAR MEETING SEPTEMBER 22, 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, September 22, 1969., all members present. The meeting was called to order by President Robert 0. Laven, who presided. PRESENT: Councilman Laven, Allen, Craven, Grounds, Szymkowiak, Wise, Zielinski, Palmer and Reinke. ABSENT: None 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 pf September 8, 1969 meeting of the Council and found them correct. They therefore recommend that the same be approved. f s/ Robert 0. Laven /s/ Albert E. Palmer /s/ Janet S. Allen There being no objections, the report was accepted as read and placed on file. CITIZENS REQUESTS - MISCELLANEOUS MATTERS None. REGULAR MEETING SEPTEMBER 22, 1969 REPORT FROM CITY CONTROLLER The report of the City Controller for the month of August, 1969 was submitted to the Council, each Councilman having received a copy of the report prior to the meeting. There being no objections, the report was accepted and placed on file. REPORTS FROM ANNEXATION COMMITTEE To the Common Council of the City of South Bend: September 16, 1969 Your Committee, The Annexation Committee, to whom was referred "AN ORDINANCE ANNEXING TERRITORY TO THE MUNICIPAL CITY OF SOUTH BEND, INDIANA, WHICH IS COMMONLY DESCRIBED AS WHITCOMB & KELLER'S APARTMENT COMPLEX" Respectfully report that they have examined the matter and that in their opinion the Ordinance is to be set for public hearing on October 13, 1969. /s/ Robert 0. Laven Chairman REPORTS FROM ANNEXATION COMMITTEE To the Common Council of the City of South Bend: September 16, 1969 Your Committee, The Annexation Committee, to whom was referred "AN ORDINANCE ANNEXING TERRITORY TO THE MUNICIPAL CITY OF SOUTH BEND, INDIANA, WHICH IS GENERALLY DESCRIBED AS LYING EAST OF LINDEN ROAD, SOUTH OF INWOOD RD. AND NORTH OF THE SOUTH BEND BY -PASS, respectfully report that they have examined the matter and that in their opinion the Ordinance should be amended so as to allow a three (3) year moratorium on the payment of South Bend Civil City property taxes by effected residents and property owners in the above described area. Subject to the attach- ment of the amendment, the Committee recommends the Ordinance be passed by the Common Council and a Public Hearing to be held on October 13, 1969. REPORTS FROM ANNEXATION COMMITTEE To the Common Council of the City of South Bend: /s/ Robert 0. Laven Chairman September 16, 1969 Your Committee, The Annexation Committee, to whom was referred "AN ORDINANCE ANNEXING TERRITORY TO THE MUNICIPAL CITY OF SOUTH BEND, INDIANA, GENERALLY DESCRIBED AS LYING NORTH OF DOUGLAS ROAD WEST OF MAPLE RD. AND SOUTH OF THE NORTHERN INDIANA TOLL ROAD," respectfully report that they have examined the matter and that in their opinion the Ordinance should be amended so as to allow a three (3) year moratorium on the payment of South Bend Civil City taxes by affected residents and property owners in the above described area. Subject to the attachment of this amendment, the Committee recommends the passage of the Ordinance by the Common Council, and Public Hearing to be held on October 13, 1969. REPORTS FROM ANNEXATION COMMITTEE To the Common Council of the City of South Bend: /s/ Robert O. Laven Chairman September 16, 1969 Your Committee, The Annexation Committee, to whom was referred "A PETITION FOR THE ANNEXATION OF REAL ESTATE, A 27 ACRE TRACT, PORTAGE TOWNSHIP, NORTH OF FILLMORE ROAD AND WEST OF LOMBARDY DRIVE " respectfully report that they have examined the matter and that in their opinion it is recommended that an Ordinance annexing the above lands be introduced on September 22, 1969, for First and Second Reading and a Public Hearing be held on it on October 27, 1969. /s/ Robert 0. Laven Chairman REPORTS FROM ANNEXATION COMMITTEE To the Common Council of the City of South Bend: September 16, 1969 Your Committee, The Annexation Committee, to whom was referred "A PETITION FOR ANNEXATION OF CERTAIN PROPERTY TO THE CITY OF SOUTH BEND, INDIANA (MIAMI ROAD - 600 FT. SOUTH OF IRELAND RD.)" respectfully report that they have examined the matter and that in their opinion it is recommended that an Ordinance annexing the above lands be introduced on September 22, 1969 for First and Second Reading and a Public Hearing be held on it on October 27, 1969. It is further recommended that the Ordinance be amended to exclude the area in question from a previous annexation Ordin- ance No. 4913 -67, which is in Court, being Cause No. C- 2656 -67. /s/ Robert 0. Laven Chairman REGULAR MEETING SEPTEMBER 22, 1969 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 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 the east side of Lombardy Drive, approxi- mately 335 feet north of Western Avenue, in the City of South Bend, Indiana, comprising a tract of 3+ acres, lying between Lombardy Drive and Villageway and south of Faith Lutheran Church. 2. The property is owned by Colpaert Realty Corporation and together with a tract of 7+ acres lying adjacent to and immediately south thereof (which 7 acre tract is presently zoned "C" Commercial) has been sold on land contract to L.A.M.D., Inc. subject to the rezoning of the requested tract. 1. A legal description of the property is as follows: A part of Block Lettered "A" as on the recorded Plat of Garden Village 3rd Unit, an addition to the City of South Bend, particularly described as follows: shown more Beginning at the Southwest corner of said Block "A ", thence East along the South line of Block "A" and Block "F ", a distance of 831.55 feet to the Southeasterly corner of lot 523 as shown on the recorded plat of Part of Block "F" in Garden Village 2nd Unit and Part of Block "A" in Garden Village 3rd Unit, an Addition to the City of South Bend; thence Northwesterly along the Westerly line of said plat, a distance of 119.86 feet to a point on said Westerly line; thence Northwesterly along said Westerly line of said plat, a distance of 125.09 feet to a point on a line 210 feet North and parallel with said South line of Block "A "; thence West along said line parallel with the South line of Block "A ", 583.93 feet to the East line of Lombardy. Drive; thence South along said East line of Lombardy Drive, 210 feet to the place of beginning, and also; IIA part of Block Lettered "F" as shown on the recorded plat of Garden Village 2nd Unit, an Addi- tion to the City of South Bend, more particularly described as follows: Beginning at the Southeast corner of said Block "F:; thence Northwesterly along the Westerly line of Villageway, 66.21 feet; thence Southwesterly perpendicular to said Westerly line of Villageway, 56.53 feet to the South line of said Block lettered "F "; thence East along said South line of Block lettered "F ", 87.06 feet to the place of beginning. 4. It is desired and requested that the foregoing property be rezoned: From "B" Residential Use and "B" Height and Area District and From "A" Residential Use and "A" Height and Area District and To "C" Commercial Use and "E" Height and Area District. 5. It is proposed that the property will be put to the following use and the following buildings will be constructed: Erection of a "Lou -Ann" Country Mart and Supermarket, measuring approxi- mately 340 feet by 220 feet, with paved customer and employee parking areas. 6. Number of off street parking spaces to be provided: 381 customer parking spaces and 46 employee parking 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. Petition prepared by: G. Burt Ford, Atty. at Law 802 Odd Fellows Bldg. South Bend, Ind. 46601 Ph: 233 -1195 COLPAERT REALTY CORPORATION BY /s/ Joseph Colpaert, Secretar Signature of Petitioner 5109 W. Western Ave. South Bend, Indiana Address Councilman Szymkowiak made a motion that the Petition be referred to the Area Plan Commission for further study. Councilman Craven seconded the motion. Motion carried. 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, Ind. as hereinafter requested, and in support of this application, the following facts are shown: 1. The property sought to be rezoned is located at: 18401 State Route 23. 2. The property is owned by: Eathan Jackson, c/o Jackson Realty Company. 3. A legal description of the property is as follows: Part of the Southwest Quarter of the Southeast Quarter of Section 31, Township 38 North, Range 3 East, more particularly described as follows: Beginning at a point on the Westerly line of Indiana State Road No. 23 (Edwards - burg Highway) 801.36 feet Southwesterly of the North line of the said Southwest Quarter of the Southeast - Quarter of Section 31; thence continuing South 340 32' 40" West along said Westerly line of said Highway a distance of 177.35 feet to a point; thence North 550 27' 20" West, a distance of 130.00 feet to a point; thence North 340 32' 40" East a distance of 177.35 feet to a point; thence South 550 27' 20" East, a distance of 130.00 feet to the point of beginning. Containing 0.528 acres, in St. Joseph County, Indiana. REGULAR MEETING SEPTEMBER 22, 1969 PETITIONS(Cont'd.) 4. It is desired and requested that the foregoing property be zoned: To C -1 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: A 6300 square foot commercial building will be erected to be occupied by any of the uses permitted within the C -1 Commercial District and in accordance with the terms listed therein. 6. Number of off street parking spaces to be provided: 27 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. B & G. Construction Company Petitioner Site #2 Petition prepared by William E. Voor, Jr., Atty. /s/ William E. Voor, Jr. Signature of Petitioner /s/ William E. Voor, Jr., Atty. in Fact 620 First Bank Bldg. South Bend, Indiana Councilman Grounds made a motion that the petition be referred to the Area Plan Commission for further study. Councilman Szymkowiak seconded the motion. Motion carried. 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 18343 State Route 23. 2. The property is owned by: Jack S. Young, 1104 N. Notre Dame Avenue, South Bend, Indiana 3. A legal description of the property is as follows: Part of the Southwest Quarter of the Southeast Quarter of Section 31, Township 38 North, Range 3 East, St. Joseph County, more particularly described as follows: Beginning at a point on the Westerly line of Indiana State Road No. 23 (Edwardsburg Highway) 496.21 feet Southwesterly of (as measured along said Westerly line of said Highway) the North line of the Southwest Quarter of the Southeast Quarter of Section 31; thence S. 340 32' 40" West along said Westerly line of said highway a distance of 155.17 feet to a point; thence N. 550 27' 20" West a distance of 280.00 feet to a point; thence North 340 32' 40" East a distance of 155.17 feet to a point; thence S. 550 27' 20" East a distance of 280.00 feet to the point of beginning. 4. It is desired and requested that the foregoing property be zoned: To. C -1 Commercial and D Height and Area District. 5. It is proposed that the property will be put to the following use and the following buildings will be constructed: A 4400 square foot commercial building will be erected to be occupied by any of the uses permitted within the C -1 Commercial, District and in accordance with the terms listed therein. 6. Number of off street parking spaces to be provided: 18 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. /s/ William E. Voor, Jr. Signature of Petitioner William E.'Voor, Jr., Atty. in Fact 620 First Bank Building South Bend, Indiana B. & G. Construction Co. Petitioner Site #1 Petition prepared by William E. Voor, Jr., Atty. Councilman Grounds made a motion that the petition be referred to the Area Plan Commission for further study. Councilman Szymkowiak seconded the motion. Motion carried. REGULAR MEETING SEPTEMBER 22, 1969 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, India as hereinafter requested, and in support of this application, the following facts are shown: 1. The property sought to be rezoned is located at: 732 W. Washington Ave. 744 W. Washington Ave. and 114 South Chapin Street, South Bend, Indiana. 2. The property is owned by: Peter F. Nemeth Nemeth Memorial Funeral Home, Inc. Peter F. Nemeth and Margaret K. Nemeth. 3. A legal description of the property is as follows: NEMETH MEMORIAL FUNERAL HOME, INC. A part of Bank Out Lot No. 39 as shown on the First Plat of Out Lots of the Town, now City of South Bend, platted by the State Bank of Indiana, which part is bounded by a line running as follows, viz: Beginning at the Northwest corner of said Bank Out Lot No. 39; thence running East on the North line thereof 92.84 feet, more or less, to the Northwest corner of the lot of land now owned by Matilda O'Brien; thence South on the West line of said O'Brien Lot, 145 feet to the Northeast corner of a lot now owned by William D. O'Brien and Katherine O'Brien, husband and wife; thence West on the North line of said O'Brien Lot, 92.84 feet to the East line of Chapin Street in said City; thence North on said line, 145 feet to the place of beginning. Excepting therefrom the following described real estate: Part-of the North 145.0 feet of the West 92.84 feet of Bank Out Lot Thirty -nine (39) described as follows: Beginning on the West line of Bank Out Lot 39, 126.52 feet South of the Northwest corner of Bank Out Lot 39; thence North 126.52 feet along said West line to said Northwest corner of Bank Out Lot 39; thence Southwesterly 127.27 feet along an arc to the left having a radius of 683.20 feet and subtended by a long chord having a length of 127.04 feet to the point of beginning, containing 497 square feet, more or less. OWNED BY PETER F. NEMETH A part of Bank Out Lot Numbered Thirty -nine (39) of the First Plat of Out Lots of the Town, now City of South Bend, platted by the State Bank of Indiana, which part is bounded by a line running as follows, viz: Beginning at the North East corner of said Bank Out Lot Numbered 39, thence running West on the North Line thereof, a distance of 55 feet; thence South 145 feet; thence East 55 feet; thence North on the East line of said Bank Out Lot, 145 feet to the place of beginning. OWNED BY PETER F. NEMETH AND MARGARET K. NEMETH A part of Bank Out Lot Numbered 39 of the First Plat of Out Lots of the Town, now City, of South Bend, platted by the State Bank of Indiana, bounded by a line running as follows, viz: Beginning on the East line of Chapin Street in said City, 200 feet South of the North West corner of said Bank Out Lot Numbered 39, thence running South on the East line of Chapin Street a distance of 3.68 feet to a point '92 feet North of the South West corner of said Bank Out Lot Numbered 39, thence East on a line parallel with the South line of said Bank Out Lot a distance of 97.84 feet; thence North 3.68 feet; thence West 5 feet; thence North 55 feet; thence West 92.84 feet to a point on the East.line of said Chapin Street, 55 feet North of the place of beginning; thence South on said East line 55 feet to the place of beginning. Also, beginning at a point 32 feet North of the South East Corner of said Bank Out Lot Numbered 39, thence running North on the East line of said Bank Out Lot a distance of 75.68 feet to the South East corner of a tract heretofore conveyed to Willard W. Ridenour and Grace W. Ridenour, husband and wife, by Warranty Deed dated June 15th, 1926, recorded in Deed Record 197 page 644 in the office of the Recorder of St. Joseph County, Indiana, said point being 188 feet South of the North East corner of said Bank Out Lot Numbered 39; thence West 55 feet to the South West corner of said Ridenour tract; thence South 12 feet; thence East 5 feet; thence South 63.68 feet to a point 32 feet North of the South line of said Bank Out Lot Numbered 39; thence East 50 feet to the place of beginning. 4. It is desired and requested that the foregoing property be rezoned: From B Residential Use and B 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: A modern 3 -stall service station building with necessary appurtenances will be constructed on property to replace antiquated existing structures. Petitioned property will be used for service station parking. 6. Number of off street parking spaces to be provided: 16 spaces. REGULAR MEETING SEPTEMBER 22, 1969 PETITIONS (Cont'd.) 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. Nemeth Memorial Funeral Home, Inc. /s/ J. L. Nemeth, President Peter F. Nemeth, /s/ Secretary- Treasurer Peter F. Nemeth /s/ Margaret K. Nemeth /s/ Petition prepared by Peter F. Nemeth Atty. at Law 1002 Tower Building 216 W. Washington Ave. South Bend, Indiana 46601 Councilman Szymkowiak made a motion that the petition be referred to the Area Plan Commission for further study. Councilman Zielinski seconded the motion. Motion carried. REPORT FROM COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend, Indiana: Your committee of the Thole to whom was referred "AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA - 1962, SECTION 40, AS AMENDED AND GENERAL ORDINCE NO. 4990 -68, AND THE ACCO1.1PANYING MAP THERETO, GENERALLY KNOWN AS THE SOUTH BEND ZONING ORDINANCE BY CHANGING THE CLASSIFICATION OF THE USE DISTRICT FOR A CERTAIN PARCEL OF LAND." (3516 E. Jefferson Blvd.) Councilman Allen made a motion that the Council go into the Committee of the Whole to complete the report of Items #1 and #2 on the agenda. Motion failed, for a lack of a second. Attorney Crumpacker suggested a motion to discharge the Committee of the Whole from further consideration of Item #1, and Councilman Allen made the motion. Councilman Zielinski seconded the motion. Motion carried. Councilman Wise made a motion to send the Ordinance back to the Area Plan Commission for further study. Motion was.seconded by Councilman Palmer. Motion carried. 5 ayes, (Councilmen Wise, Palmer, Craven, Reinke and Laven) 4 nays, (Councilmen Allen, Zielinski, Szymkowiak and Grounds) (No third reading) ls/ William W. Grounds Chairman 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 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." There being no report to the Council from the Committee of the Whole, Councilman Allen made the motion to discharge the Committee of the Whole from further consideration of Item #2 on the agenda. Councilman Zielinski seconded the motion. Motion Carried. Councilman Grounds made a motion that the Ordinance go back to the Annexation Committee for further study. 4 ayes (Grounds, Reinke, Craven, Laven) 5 nays, (Zielinski, Allen, Wise, Palmer, and Szymkowiak. Motion defeated. Councilman Zielinski made a motion that the Ordinance go for Third Reading tonight. Councilman Szymkowiak seconded the motion. Motion carried. 6 ayes, (Councilmen Zielinski, Szymkowiak, Craven, Palmer, Allen and Wise.) 3 nays, (Councilmen Laven, Grounds and Reinke) 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 SUPPLEMENTING CHAPTER 25, ARTICLE III, DIVISION 2, SECTION 25 - 60, ORDINANCES NO. 3879, 4289 and 4494, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, PROVIDING CHARGES FOR PARKING METER BAGS, AS AMENDED" Respectfully report that they have.exam.ined 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 SEPTEMBER 22, 1969 11REPORT OF THE ( WHOLE IlTo the Common Council of the City of South Bend, Indiana: our Committee of the Whole to whom was referred "AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION TO CCOUNT Q -221, "ELECTRIC CURRENT" IN THE AMOUNT OF $1,000.00 AND THE TRANSFER OF SAID SUM FROM CCOUNT Q -11, "SERVICES PERSONAL" AND FOR AN ADDITIONAL APPROPRIATION TO ACCOUNT Q -222, "GAS ", IN HE AMOUNT OF $400.00 AND THE TRANSFER OF SAID SUM FROM ACCOUNT Q -11, "SERVICES PERSONAL", IN HE FIRE DEPARTMENT, ALL BEING WITHIN THE GENERAL FUND." espectfully report that they have examined the matter and that in their opinion the Ordinance g o o the Council as favorable. /s/ William W. Grounds Chairman e being no objections, the report was accepted as read and placed on file. T OF THE COMMITTEE OF THE W the Common Council of the City of South Bend, Indiana: our Committee of the Whole to whom was referred "AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION ROM THE GENERAL FUND IN THE AMOUNT OF $25,000.00 TO ACCOUNT XX -252, "REPAIRS OF EQUIPMENT ", IN HE SANITATION DEPARTMENT BUDGET." spectfully report that they have examined the matter and that in their opinion the Ordinance go the Council as favorable. /s/ William W. Grounds Chairman re being no objections, the report was accepted as read and placed on file. PORT OF THE COMMITTEE OF THE W: o the Common Council of the City of South Bend, Indiana: our Commit�ee of the Whole to whom was referred "AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION ROM THE GENERAL FUND IN THE AMOUNT OF $900.00 TO ACCOUNT C -212, "POSTAGE" IN THE OFFICE OF THE ITY CLERK.;" 1 espectfully report that they have examined the matter and that in their opinion the Ordinance go o the Council as favorable. /s/ William W. Grounds e being no objections, the report was accepted as read and placed on file. RD READING ORDINANCE NO. 5102- AN ORDINANCE SUPPLEMENTING CHAPTER 25, ARTICLE III, DIVISION 2, SECTION 25 - 60, ORDINANCES NO. 3879, 4289 AND 4494, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, PROVIDING CHARGES FOR PARKING ti1ETER BAGS, AS AMENDED. e Ordinance was given third reading and passed by a roll call vote of 8 ayes, (Councilmen Allen, aven, Grounds, Laven, Palmer, Szymkowiak, Wise and Zielinski) 1 nay, (Councilman Reinke) INANCE RDINANCE DEFEATED 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 �iINDEN) ANNEXATION. heOrdinance was given third reading and defeated by a roll call vote of 3 ayes, (Councilmen rounds, Reinke and Laven) 6 nays, (Councilmen Allen, Craven, Szymkowiak, Wise, Palmer, Zielinski) INANCES, THIRD READI ORDINANCE NO. 5103- AN ORDINANCE FOR AN ADDITIONAL'APPROPRIATION TO ACCOUNT Q -2 21, "ELECTRIC CURRENT" IN THE AMOUNT OF $1,000.00 AND THE TRANSFER OF SAID SUM FROM ACCOUNT Q -11, "SERVICES PERSONAL" AND FOR AN ADDITIONAL APPROPRIATION TO ACCOUNT Q -222, "GAS" IN THE AMOUNT OF $400.00 AND THE TRANSFER OF SAID SUM FROM ACCOUNT Q -11, "SERVICES PERSONAL ", IN THE FIRE DEPARTMENT, ALL BEING WITHIN THE GENERAL FUND. IIThe Ordinance was given third reading and passed by a roll call vote of 9 ayes, (Councilmen Allen, Craven, Szymkowiak, Wise, Palmer, Zielinski, Grounds, Reinke and Laven) 0 nays. REGULAR MEETING SEPTEMBER 22, 1969 ORDINANCES, THIRD READING ORDINANCE NO. 5104 -69 AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION FROM THE GENERAL FUND IN THE AMOUNT OF $25,000.00 TO ACCOUNT XX -252, "REPAIRS OF EQUIPMENT" IN THE SANITATION DEPARTMENT BUDGET. The Ordinance was given third reading and passed by a roll call vote of 9 ayes, (Councilmen Allen, Craven, Grounds, Laven, Palmer, Szymkowiak, Wise Reinke and Zielinski) 0 nays. ORDINANCES, THIRD READING ORDINANCE NO. 5105 -69 AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION FROM THE GENERAL FUND IN THE AMOUNT OF $900.00 TO ACCOUNT C -212, "POSTAGE" IN THE OFFICE OF THE CITY CLERK. The Ordinance was given third reading and possed by a roll call vote of 9 ayes, (Councilmen Allen, l Craven, Grounds, Laven, Palmer, Zielinski, Szymkowiak Reinke and Wisej 0 nays. ORDINANCES, FIRST AND SECOND READING ORDINANCE AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY OF SOUTH BEND, INDIANA, CERTAIN LANDS AND PROVIDING FOR THE ZONING CLASSIFICATION THEREOF. (Location: No. of Fillmore Rd., West of Lombardy Dr., 27 acre tract) The Ordinance was given first reading by title and second reading in full. Councilman Grounds made a motion that a public hearing be held on October 27, 1969. Councilman Wise seconded the motion. Motion carried. ORDINANCES, FIRST AND SECOND READING nPnTMAWrR AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA CERTAIN LANDS. (Miami Rd., 600 ft. So. Ireland Rd.) The Ordinance was given first reading by title and second reading in full. Councilman Reinke made a motion that a public hearing be held on October 27, 1969. Councilman Palmer seconded the motion. Motion carried. ORDINANCES, FIRST AND SECOND READING ORDINANCE AN ORDINANCE REGULATING THE BURNING OF REFUSE AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. The Ordinance was given first reading by title and second reading in full. Councilman Szymkowiak made a motion that a public hearing be held on October 13, 1969. Councilman Craven seconded the motion. Motion carried. ORDINANCES, FIRST AND SECOND READING ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION TO ACCOUNT L -323, "TIRES AND TUBES" IN THE AMOUNT OF $150.00 AND THE TRANSFER OF SAID SUM FROM ACCOUNT L -722, "MOTOR EQUIPMENT ", IN THE ENGINEERING DEPARTMENT, ALL BEING WITHIN THE GENERAL FUND. The Ordinance was given first reading made a motion that a public hearing be the motion. Motion carried. ORDINANCES, FIRST AND SECOND READING ORDINANCE by title and second reading in full. Councilman Szymkowiak held on October 13, 1969. Councilman Zielinski seconded AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION TO ACCOUNT U -324, "OTHER GARAGE AND MOTOR SUPPLIES" IN THE AMOUNT OF $5,000.00 AND THE TRANSFER OF SAID SUM FROM ACCOUNT U -221, "ELECTRIC CURRENT ", IN THE MUNICIPAL SERVICES DEPARTMENT, ALL BEING WITHIN THE GENERAL FUND. The Ordinance was given first reading by -title and second reading in full, Councilman Szymkowiak made a motion that a public hearing be held on October 27, 1969. Councilman Grounds seconded the motion. Motion carried. REGULAR MEETING SEPTEMBER 22, 1969 I ORDINANCES, FIRST AND SECOND READING I ORDINANCE AN ORDINANCE APPROPRIATING $2,000 FROM THE GENERAL FUND TO ACCOUNT B-242, "PUBLICATION OF LEGAL NOTICES" IN THE OFFICE OF CITY CONTROLLER. IThe ordinance was given first reading by title and second reading made a motion that a.publi6 hearing be held on October 13, 1969. the motion. Motion carried. I RESOLUTIONS I RESOLUTION NO. 222-69 in full.. Councilman Grounds Councilman Palmer seconded RESOLUTION OF APPRECIATION WHEREAS, Thomas H. McNaughton has served this City of South Bend, Indiana, faithfully and well in his capacity as a police officer and as Chief of the South Bend Police Department; and WHEREAS, Thomas H. McNaughton is now retired after 20 years of most able and competent service to this community; and WHEREAS, this community wishes to recognize Thomas H. McNaughton and to commend him for the innumerable projects which he has undertaken on behalf of this community in the past 20 years and to congratulate him on an outstanding record as a police officer and as Chief of Police. NOW, THEREFORE, BE IT RESOLVED THAT the Common Council of the City of South Bend does hereby recognize Thomas H. McNaughton, commends him for his outstanding record of service to this community, and regretfully notes, but understands, his decision to retire from the South Bend Police Department on which he has so capably served for the past 20 years. COMMON COUNCIL OF THE CITY OF SOUTH BEND BY Isl William W. Grounds Member This resolution was unanimously approved and passed by the Council. RESOLUTIONS RESOLUTION NO. 223-69 RESOLUTION OF APPRECIATION WHEREAS, H. Theodore Noell has served this City of South Bend, Indiana, faithfully and well in his capacity as a deputy city attorney for six years; and WHEREAS, H. Theodore Noell played a major role in the preparation of the legislation and ordinances to establish the charitable solicitations commission to provide for better fund raising procedures; conducted the Grand Jury investigations which were influential in ending loan shark and second mortgage loan abuses in this community and throughout the State; and served on other equally important projects of great worth to this community; and WHEREAS, H. Theodore Noell has always served willingly and with expertise as a spokes- man for the people of this community and in defense of their rights; and WHEREAS, this community wishes to recognize H. Theodore Noell and to commend him for his work on its behalf; NOW, THEREFORE, BE IT RESOLVED THAT the Common Council of the city of South Bend does hereby recognize H. Theodore Noell and commends him for the responsible manner in which he has served this community in his capacity as one of its deputy city attorneys. COMMON COUNCIL OF THE CITY OF SOUTH BEND BY Isl William W. Grounds T-lember This resolution was unanimously approved and passed by the Council. REGULAR MEETING SEPTEMBER 22, 1969 RESOLUTIONS RESOLUTION NO. 224 -69 A RESOLUTION APPROPRIATING $4,000 FROM THE PARKING METER FUND TO ACCOUNT 726, "NEW EQUIPMENT - METERS ", IN THE PARKING METER DEPARTMENT. 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 appropriat- ed in the annual budget for the various functions of City Government to meet such extraordinary contingencies, and WHEREAS, Additional funds are needed for the purchase of new meter heads, subsequent to the initiation of new meter rates, and to assure the departments ability to properly perform its functions, and WHEREAS, Due to the expenses of the Parking Meter Department there is a need for additional funds and more specifically as follows, to -wit: To Account 726 designated as "New Equipment" - Meters ", in the sum of $4,000.00 NOW, THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, that the sum of $4,000 be transferred from the Parking Meter Fund to Account 726 designated as "New Equipment - Meters ", all being in the same category and within the Parking Meter Fund. /s/ Albert E. Palmer Member of the Common Council A public hearing was held on the resolution at this time. Speaking in behalf of the resolution was Mr. Alvin Reeder, Parking Meter Manager, who explained the appropriation was to be used for the purchase of replacement meters to accommodate the new meter fees as called for in the recent ordinance passed by the Council several months ago. He said he believed the increased income from these meters will more than pay for the cost of these meters. Councilman Grounds made a motion that the resolution be adopted. Councilman Wise seconded the motion. Motion carried. 9 ayes, (Councilman Wise, Grounds, Allen, Laven, Palmer, Zielinski, Szymkowiak, Craven,' Reinke) 0 nays. RE SOLUTIONS (RESOLUTION NO. 225 -69 A RESOLUTION FOR AN ADDITIONAL APPROPRIATION IN ACCOUNT U -252, "REPAIRS OF EQUIPMENT" OF THE MUNICIPAL SERVICES DEPARTMENT, IN THE AMOUNT OF $5,000.00 AND THE TRANSFER OF SAME FROM ACCOUNT U -221, "ELECTRIC CURRENT ", ALL IN THE SAME CATE- GORY 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 appropriat- ed in the annual budget for the various functions.of City Government to meet such extraordinary contingencies, and WHEREAS, additional funds are needed to pay for repairs of equipment due to the exten- sive City Services program, and WHEREAS, a surplus exists in another account where it is not presently needed; and more specifically as follows, to -wit; $5,000.00 in Account U -221, "Electric Current" NOVI, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, that the sum of $5,000.00 be transferred from Account U -221 designated as "Electric Current" to Account U -252, designated as "Repairs to Equipment ", both of said accounts being in the same category "Services Contractual ", and being within the General Fund. 4s4 Gerald C. Reinke _ Member of the Common Council A public hearing was held at this time on the resolution. Speaking in behalf of the resolution was Mr. Richard Duck, Municipal Services Manager, and City Controller James A. Bickel. Council- man Zielinski made a motion that the resolution be adopted. Councilman Szymkowiak seconded the motion. Motion carried. 8 ayes, ( Councilmen Craven, Reinke, Laven, Grounds, Szymkowiak, Wise Zielinski and Palmer.) 1 nay, (Councilman Allen). There being no further business to come before the Council, Councilman Craven made a motion to adjourn. Councilman Grounds seconded the motion. Motion carried. Time: 12:00 p.m. ATTEST: APPROVED: CLERK PRESIDENT