Loading...
HomeMy WebLinkAbout10-28-69 Council Meeting MinutesREGULAR MEETING (Cont'd.) OCTOBER 28, 1969 Be it remembered that the Common Council of the City of South Bend, Indiana, reconvened in the Cour2il Chambers in City Hall on Tuesday, October 28, 1969 at 8:00 p.m., all members present. The meeting was called to order by Council President Robert 0. Laven, who presided. ROLL CALL PRESENT: Councilmen Laven, Craven, Reinke, Allen, Grounds, Szymkowiak, Wise, Palmer and Zielinski ABSENT: None REPORT FROM 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 October 13, 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. CITIZENS REQUESTS - MISCELLANEOUS MATTERS Mr. Leonard Gunder, 113 Calvert Street., South Bend, objected to the use of the PbiLlips 66 Service Station, on the Corner of Calvert & Michigan Streets, being used as a truck terminal for warming up truck tractors. He claimed he had complained to the City Attorney several months ago but nothing has been done up to date. City Attorney Crumpacker stated that he had advised Mr. Gunder to come into the office and sign a complaint affidavit because violation of this Ordinance is a criminal action and must go through the court, however Mr. Gunder has not taken any action. REPORT FROM AREA PLAN COMMISSION The Honorable Common Council October 22, 1969 City of South Bend South Bend, Indiana Gentlemen: The attached rezoning petition of Colpaert Realty Corp. et al, was legally advertised under date of October 11 and 18 and given public hearing on October 21, 1969. The following action REGULAR MEETING OCTOBER 28, 1969 REPORT FROM AREA PLAN COMMISSION (Cont'd.) 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. Very truly yours, /s/ John K. Wilson, Executive Director JKW /cas Attach. REPORT FROM AREA PLAN COMMISSION The Honorable Common Council October 22, 1969 City of South Bend South Bend, Indiana Location: Portage Ave. /Maple Rd., Indiana Toll Rd. Gentlemen: The attached rezoning petition of Virgil A. Place, etal, was legally advertised under date of August 9 and 16 and given public hearing on August 19, 1969 at which time the Commission tabled the petition for receipt of further information. On September 16, 1969 it was determined that the petition would have to be readvertised. The final legal advertisement was run on October 11 and 18 and an additional hearing was held on October 21, 1969. The following action was taken: After detailed consideration of the photographs and architectural elevations sub- mitted, 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 are the minutes of the meetings held on this petition. Very truly yours, John K. Wilson, Executive Director /s/ JKW /cas Attach. REPORT FROM AREA PLAN COMMISSION The Honorable Common Council City Hall South Bend, Indiana Gentlemen: Location: McKinley & Hickory Rds. 8 acres Ayr -way Store The attached ordinance originated by the Area Plan Commission, covering the property in the 3400 block of McKinley Highway, was legally advertised under date of October 11 and 18 and given public hearing on October 21, 1969. The following action was taken: After due consideration it was moved, seconded, and carried that the ordinance,subject to the limitations of the attached drawing, 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, John K. Wilson, Executive Director JKW /cas Attach. DVMTMTnVC Petition to amend Zoning Ordinance We, the undersigned, do hereby respectfully make application and petition the Common Council of South Bend, Indiana to amend the Zoning Ordinance of Said City as hereinafter requested, and in support of this application, the following facts are shown: 1. The property sought to be rezoned is located at: 1114 Mayflower Road. 2. The property is owned by: William A. Ferency and Gleason Owens. 3. A legal description of the property is as follows: Beginning on the east line of Mayflower Road (S.Rd. #123) at a point 613' South and 40' East of the North West corner of North East 1/4 of Section 17, Township 37 North, Range 2 East; thence South 00.00'00" East along the East line of said Mayflower Road, a distance of 533.001; thence North 90000100" East a distance of 170.03' to the West line of Mayflower Manor second Section an addition to the City of South Bend, Indiana, thence Northo1043112" West a distance of 334.15; thence North 00000100" a distance of 149.00' thence North 21048'05" West a distance of 53.85; thence North 90000100" West a distance of 140.00 to the point of beginning. Exclude Mayflower Manor Second Section, Lots #12- 13 -14. 6'2 REGULAR MEETING OCTOBER 28, 1969 PETITIONS (Cont'd.) It is desired and requested that the foregoing property be rezoned: From A Residential Use and A Height and Area District To B Residential Use and A Height and Area District. 5. It is proposed that the property will be put to the following use and the following buildings will be constructed. - Day Care Nursery. �6. Number of off street parking spaces to be provided: About 50. 7. Attached is a copy of (a) an existing plot plan showing the property and other surrounding properties and (c) site development plan. /s/ Gleason Owens /s/ William Ferency Petitioners Signature 1114 Mayflower Rd. Address Petition prepared by: Gleason Owens (Councilman Grounds made a motion that the petition be sent to the Area Plan Commission for further study. Councilman Zielinski seconded the motion. Motion carried. PETITIONS Petition to Amend Zoning Ordinance We, the undersigned, do hereby respectfully make application and petition the City of South Bend Indiana to amend the Zoning Ordinance of City of South Bend, Indiana, as hereinafter requested, in support of this application, the following facts are shown: 1. The property sought to be rezoned is located at: (Miami Rd., 600 ft. S. Ireland Rd.) on the West side of Miami Road commencing at a point 556.45 feet South of the intersection of Ireland and Miami Roads in South Bend, Indiana, and continuing South on said Miami Roads a distance of 173.70 feet. 2. The property is owned by: Robert R. Allen and Dorothy A. Allen, husband and wife.. 3. A legal description of the property is as follows: Part of the Southeast Quarter of Section 25, Township 37 North, Range 2 East, more particularly described as follows: Beginning at a point on the East line of said Southeast Quarter of Section 25, 556.45 feet South of the Northeast corner thereof; thence continuing South on said East line (being also the centerline of Miami Highway) a distance of 173.70 feet; thence West a distance of 370.00 feet to the point of beginning; said real estate containing approximately 1.476 acres, subject to legal highways, in St. Joseph County, Indiana. 4. It is desired and requested that the foregoing property be rezoned: As C Commercial Use and A Height and Area District. 5, It is desired and requested that the foregoing property be .zoned and put to the following use and the following building will be constructed: A one -story building will be construct- ed in which will be carried on a self- service laundromat and which will contain approximately 7,320 square feet and will contain 56 washing machines and 23 dryers, and will also house an automobile washing and cleaning establishment of approximately 1,840 square feet. There will be 2 gasoline pumps located on the premises and operated in conjunction with the automobile washing facilities. 116. Number of off street parking spaces to be provided: 78 7. Attached is a copy of: (a) an existing plotplan 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. By: THORNBURG, McGILL, DEAHL, HARMAN, CAREY & MURRAY „Is/ Stephen a. Seal1, Attorney 645 First Bank Bldg. South Bend, Indiana, 46601 Petition Prepared by Stephen A. Seall Councilman Grounds made a motion that the petition be referred to the Area Plan Commission for a report to the Council. Councilman Wise seconded the motion. Motion carried. REGULAR MEETING OCTOBER 28, 1969 PETITIONS Petition to Annex Real Estate to the City of South Bend, Indiana Kensington Farms Area TO THE COMMON COUNCIL OF THE MUNICIPAL CITY OF SOUTH BEND, INDIANA: The undersigned, Place and Company, Inc., respectfully request this Honorable Council to annex to and bring within the City of South Bend Indiana, the following described property in St. Joseph County, State of Indiana: Beginning at a point, on the existing City Limits of the City of South Bend, Indiana, which is 330.00 feet North of the Southwest corner of the Southeast Quarter of Section 31, Township 37 North, Range 3 East; thence along said existing City Limits, North 00 °03' 50" East, 240.00 feet to the point of curvature of a curve convex to the Northwest, having a radius of 500.00 feet, and a central angle of 33 °29' 46 "; thence Northeasterly along said curve 292.31 feet to the point of reverse curvature with a curve convex to the Southeast having a radius of 500.00 feet, and a central angle of 33 °29 46; thence Northeasterly along said last described curve 292.31 feet; thence North 00 003 "50" East, 650.02 feet; thence South 89 056'10" East, 35.00 feet; thence South 00 003150" West, 17.01 feet; thence South 89 56' 10" East, 191.04 feet; thence South 01 015' 29" East, 390.11 feet; thence South 17 056' 25" East, 84.12 feet; thence South 05053' 23" East, 217.89 feet; thence South 08 007'47" West, 63.05 feet; thence South 33 011' 17" West, 208.58 Feet; thence South 30 41'53" West, 134.42 feet; thence South 51 40'31" East. 97.55 feet; thence South 00 03'50" West, 325.24 feet; ;thence North 89 53'30" West, 335.00 feet to the point of beginning, containing ♦8.91 Acres. I The above described property is contiguous to the limits of the City of South Bend, Indiana and the undersigned, Place and Company, Inc., is the sole and only owner of all of the above described property, and no other person or entity has any interest therein. There is attached hereto a survey disclosing the involved property sought to be annexed and showing its contiguity to the existing city limits. Respectfully submitted this 14th day of October, 1969. PLACE AND COMPANY, INC. By: Andrew S. Place, President Petition prepared by Atty. Joseph Roper This Petition is to 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, per motion made by Councilman Craven and seconded by Councilman Palmer. Motion carried. REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: Your Committee of the Whole to whom was referred "AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION FROM THE GENERAL FUND IN THE AMOUNT OF $2302.95 TO ACCOUNT P -722, "MOTOR EQUIPMENT" IN THE SOUTH BEND POLICE DEPARTMENT" 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 objections, the report was accepted as read and placed on file. TEE OF THE WH( ITo the Common Council of the City of South Bend: Your Committee of the Whole to whom was referred "AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION TO ACCOUNT P -252, "REPAIRS OF EQUIPMENT ", IN THE AMOUNT OF $2,000.00 AND THE TRANSFER OF SAID SUM FROM ACCOUNT P -11, "SERVICES PERSONAL ", AND AN ADDITIONAL APPROPRIATION TO ACCOUNT P -361, "PHOTO SUPPLIES ", IN THE AMOUNT OF $600.00 AND THE TRANSFER OF SAID SUM FROM ACCOUNT P -11, "SERVICES PERSONAL ", IN THE 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 objections, the report was accepted as read and placed on file. REGULAR MEETING OCTOBER 28* 1969 u REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: Your Committee of the Whole to whom was referred "AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION TO ACCOUNT P -252, "REPAIRS OF EQUIPMENT ", IN THE AMOUNT OF $2,000.00 AND THE TRANSFER OF SAID SUM FROM ACCOUNT P -11, "SERVICES PERSONAL ", AND AN ADDITIONAL APPROPRIATION TO ACCOUNT P -361, "PHOTO SUPPLIES ", IN THE AMOUNT OF $600.00 AND A TRANSFER OF SAID SUM FROM ACCOUNT P -11, "SERVICES PERSONAL ", IN THE POLICE DEPARTMENT, ALL BEING WITHIN THE GENERAL FUND" respectfully report that t 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 objections, the report was accepted as read and placed on file. REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: Your Committee of the Whole to whom was referred "AN ORDINANCE 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," 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 objections, the report was accepted as read and placed on file. REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: Your Committee of the Whole to whom was referred "AN ORDINANCE ANNEXING TERRITORY TO THE MUNICIPAL CITY OF SOUTH BEND, INDIANA, WHICH IS GENERALLY DESCRIBED AS THE LIBERTY HIGHWAY - -BY -PASS ANNEXATION ", 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 objections, the report was accepted as read and placed on file. REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: Your Committee of the Whole to whom was referred . "AN ORDINANCE ANNEXING TERRITORY TO THE MUNICI- PAL CITY OF SOUTH BEND, INDIANA, GENERALLY DESCRIBED AS LYING NORTH OF DOUGLAS ROAD, WEST OF MAPLE ROAD AND SOUTH OF THE NORTHERN INDIANA TOLL ROAD," respectfully report that they have examined the matter and that in their opinion the Ordinance go to the Council as favorable. /sl William W. Grounds Chairman 'I There being no objections, the report was accepted as read and placed on file. II REPORT OF COMMITTEE OF THE WHOLE �J To the Common Council of the City of South Bend: Your Committee of the Whole to whom was referred "AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY OF SOUTH BEND, CERTAIN LANDS," (Miami Rd, 600 ft. South of Ireland Rd.) 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 �1 There being no objections, the report was accepted as read and placed on file. 11 REPORT OF COMMITTEE OF THE WHOLE 11 To the Common Council of the City of South Bend: Your committee of the Whole to whom was referred "AN ORDINANCE ANNEXING TERRITORY TO-THE MUNICI- PAL CITY OF SOUTH BEND, INDIANA, WHICH IS GENERALLY DESCRIBED AS THE IRELAND - IRONWOOD ANNEXATION" 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 11 There being no objections, the report was accepted as read and placed on file. 1 REGULAR MEETING OCTOBER 28, 1969 REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: Your Committee to whom was referred "AN ORDINANCE ANNEXING TERRITORY TO THE MUNICIPAL CITY OF SOUTH BEND, WHICH IS GENERALLY DESCRIBED AS THE 1/8 SECTION NORTH OF TOPSFIELD AND EAST OF IRONWOOD," 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 objections, the report was accepted as read and placed on file. REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: Your Committee to whom was referred "AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY OF SOUTH BEND, INDIANA, CERTAIN LANDS AND PROVIDING FOR THE ZONING CLASSIFICATION THEREOF." (North of Fillmore Rd., West of Lombardy Dr.) respectfully report that they have examined the matter and that in their opinion the Ordinance go to the Council 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.5110 -69 AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION FROM THE GENERAL FUND IN THE AMOUNT OF $2302.95 TO ACCOUNT P -722, "MOTOR EQUIPMENT" IN THE SOUTH BEND POLICE DEPARTMENT. The Ordinance was given third reading. Councilman Grounds made a motion that the Ordinance be adopted. Councilman Wise seconded the motion. Motion carried. 9 ayes (Councilmen Laven, Craven, Allen, Reinke, Grounds, Szymkowiak, Wise, Palmer and Zielinski) 0 nays. ORDINANCES, THIRD READING ORDINANCE NO. 5111 -69 AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION TO ACCOUNT P -252, "REPAIRS OF EQUIPMENT ", IN THE AMOUNT OF $2000.00 AND THE TRANSFER OF SAID SUM FROM ACCOUNT P -11 "SERVICES PERSONAL ", AND AN ADD- ITIONAL APPROPRIATION TO ACCOUNT P -361, "PHOTO SUPPLIES ", IN THE AMOUNT OF $600.00, 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 third reading. Councilman Grounds made a motion that the Ordinance be adopted. Councilman Zielinski seconded the motion. Motion carried. 9 ayes (Councilmen Laven, Craven, Allen, Reinke, Grounds, Szymkowiak, Wise, Palmer and Zielinski) 0 nays. ORDINANCES, THIRD READING ORDINANCE NO. 5112 -69 AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION TO ACCOUNT U- 324, "OTHER GARAGE AND MOTOR SUPPLIES ", IN THE AMOUNT OF $5000.00 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 third reading. Councilman Palmer made a motion that the Ordinance be adopted. Councilman Zielinski seconded the motion. Motion carried. 8 ayes (Councilmen Laven, Craven, Palmer, Reinke, Grounds, Szymkowiak, Wise, and Zielinski.) 1 nay (Councilman Allen) ORDINANCES, THIRD READING ORDINANCE AN ANNEXATION ORDINANCE ANNEXING TERRITORY TO THE MUNICIPAL CITY OF SOUTH BEND, INDIANA, WHICH IS GENERALLY DESCRIBED AS THE LIBERTY HIGHWAY BY -PASS ANNEXATION. The Ordinance was given third reading. Councilman Wise made a motion that the Ordinance be sent back to the Annexation Committee for further study. Councilman Zielinski seconded the motion. Motion carried. 9 ayes (Councilmen Laven, Craven, Allen, Reinke, Grounds, Szymkowiak, Wise, Palmer and Zielinski) 0 nays. REGULAR MEETING ORDINANCES, THIRD READING OCTOBER 28, 1969 ORDINANCE NO- 511 -" AN ORDINANCE ANNEXING TERRITORY TO THE MUNICIPAL CITY OF SOUTH BEND, INDIANA, GENERALLY DESCRIBED AS LYING NORTH OF DOUGLAS ROAD, WEST OF MAPLE ROAD AND SOUTH OF THE NORTHERN INDIANA TOLL ROAD. The Ordinance was given third reading. Councilman Reinke made a motion that the Ordinance be adopted. Councilman Grounds seconded the motion. Motion carried. 9 ayes (Councilmen Laven, Craven, Allen, Reinke, Grounds, Szymkowiak, Wise, Palmer,and Zielinski. ) 0 nays. ORDINANCES, THIRD READING ORDINANCE NO. 5114 -69 AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY OF SOUTH BEND, CERTAIN LANDS, (Miami Road, 600 ft. South of Ireland Rd.) The Ordinance was given third reading. Councilman Reinke made a motion that the Ordinance be adopted. Councilman Craven seconded the motion. Motion carried. 8 ayes (Councilmen Laven, Craven, Allen, Reinke, Grounds, Wise, Palmer and Zielinski).' 1 nay (Councilman Szymkowiak) ORDINANCES, THIRD READING ORDINANCE NO. 5115 -69 AN ORDINANCE ANNEXING TERRITORY TO THE CITY OF SOUTH BEND, WHICH IS GENERALLY AS THE IRELAND - IRONWOOD ANNEXATION. The Ordinance was given third reading. Councilman Grounds made a mi adopted. Councilman Reinke seconded the motion. Motion carried. Craven, Allen, Reinke, Grounds, Wise, Palmer and Zielinski) 1 nay I ORDINANCES, THIRD READING MUNICIPAL DESCRIBED 3tion that the Ordinance be 8 ayes (Councilmen Laven, (Councilman Szymkowiak) ORDINANCE AN ORDINANCE ANNEXING TERRITORY TO THE MUNICIPAL CITY OF SOUTH BEND, WHICH IS GENERALLY DESCRIBED AS THE INWOOD ROAD ANNEXATION. The Ordinance was given third reading. Councilman Craven made a motion that the Ordinance be sent back to the Annexation Committee for further study. Councilman Allen seconded the motion. Motion carried. 9 ayes ( Councilmen Laven, Craven, Allen, Reinke, Grounds, Wise, Palmer, Zielinski and Szymkowiak) 0 nays. ORDINANCES, THIRD READING ORDINANCE AN ORDINANCE ANNEXING TERRITORY TO THE MUNICIPAL CITY OF SOUTH BEND, WHICH IS GENERALLY DESCRIBED AS THE 1/8 SECTION NORTH OF TOPSFIELD AND EAST OF IRONWOOD. The Ordinance was given third reading. Councilman Grounds made a motion that the Ordinance be sent back to the Annexation Committee and reported back to the Council on November 10, 1969. Councilman Wise seconded the motion. Motion carried. 9 ayes (Councilmen Laven, Craven, Allen, Reinke, Grounds, Wise, Palmer, Zielinski and Szymkowiak. 0 nays. ORDINANCES, THIRD READING ORDINANCE AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY OF SOUTH BEND, INDIANA, CERTAIN LANDS AS AMENDED. (Location: 27 acre tract, North of Fillmore Rd, West of Lombardy Dr., Portage Township) The Ordinance was given third reading. Councilman Szymkowiak made a motion that the Ordinance go unfavorable to the Council. Councilman Zielinski seconded the motion. Councilman Szymkowiak then withdrew his motion. Councilman Zielinski made a motion that the Ordinance be sent back to the Annexation Committee for further study. Councilman Szymkowiak seconded the motion. Motion carried. 6 ayes (Councilmen Craven, Allen, Wise, Palmer, Zielinski and Szymkowiak) 3 nays (Councilmen Grounds, Reinke and Laven) ck REGULAR MEETING OCTOBER 28, 1969 ORDINANCES, FIRST AND SECOND READING ORDINANCE AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, IDENTIFIED AS ORD. NO. 3702, AS AMENDED, TO THE EXTENT IT IS STILL EFFECTIVE AND THE MUNICIPAL CODE OF SOUTH BEND, INDIANA, SECTIONS 40 -1 to SECTION 40 -43, AS AMENDED, TO THE EXTENT IT IS STILL EFFECTIVE. (Location: Western Lombardy and Villageway St.,) The Ordinance was given first reading by title and second reading in full. Councilman Zielinski made a motion that a public hearing be set,on November 10, 1969,for the Ordinance. Councilman Reinke seconded the motion. Motion carried. ORDINANCE AN ORDINANCE TO AMEND AND SUPPLEMENT ORDINANCE NO. 4990 CHAP. 40, OF THE MUNICIPAL CODE (FORMERLY ZONING ORD. NO. 3702) (Location: Northwest corner of intersection of McKinley Ave. and Hickory Rd., Ayr Way Store) The Ordinance was given first reading by title and second reading in full. Councilman Reinke made a motion that the Ordinance be given a public hearing on November 10, 1969. Councilman Palmer seconded the motion. Motion Carried. ORDINANCE AN ORDINANCE APPROPRIATING LOCAL ROAD AND STREET ACCOUNT FUNDS FOR THE FISCAL YEAR ENDING DECEMBER 31, 1969. The Ordinance was given first reading by title and second reading in full. Councilman Szymkowiak made a motion that the Ordinance be given a public hearing on November 10, 1969. Councilman Zielinski seconded the motion. Motion carried. ORDINANCE AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS FROM THE MOTOR VEHICLE HIGHWAY FUND IN THE AMOUNT OF $62,727.19 TO VARIOUS ACCOUNTS WITHIN THE MOTOR VEHICLE HIGHWAY FUND. The Ordinance was given first reading by title and second reading in full. Councilman Zielinski made a motion that the Ordinance be given a public hearing on November 10, 1969. Councilman Grounds seconded the motion. Motion carried. ORDINANCE 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 Grounds made a motion that the Ordinance be given a public hearing on November 10, 1969. Councilman Reinke seconded the motion. Motion defeated. 4 ayes (Councilmen Laven, Grounds, Reinke and Palmer.) 5 nays (Councilmen Craven, Allen Wise, Zielinski and Szymkowiak) Councilman Reinke made a motion that the Ordinance be given a public hearing on November 24, 1969. Councilman Allen seconded the motion. Motion carried. 8 ayes (Councilmen Laven, Craven, Reinke, Allen, Grounds, Szymkowiak, Zielinski and Palmer) 1 nay (Councilman Wise) ORDINANCE AN ORDINANCE ANNEXING TERRITORY TO THE MUNICIPAL CITY OF SOUTH BEND, INDIANA, WHICH IS GENERALLY DESCRIBED AS THE AIRPORT ANNEXATION. The Ordinance was given first reading by title and second reading in full. Councilman Szymkowiak made a motion that the Ordinance be sent back to the Annexation Committee for further study. Councilman Zielinski seconded the motion. Motion carried. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702. _(Portage & Maple Rds. -- Indiana Toll Road) The Ordinance was given first reading by title and second reading in full. C ouncilman Szymkowiak made a motion that the Ordinance be given a public hearing on November 24, 1969. Councilman Craven seconded the motion. Motion carried. 6 REGULAR MEETING OCTOBER 28, 1969 RESOLUTIONS RESOLUTION NO. 228 -69 A RESOLUTION FOR AN ADDITIONAL APPROPRIATION IN ACCOUNT G -262, "LAW BOOKS" OF THE DEPARTMENT OF LAW, IN THE AMOUNT OF $270.00 AND THE TRANSFER OF SAME FROM ACCOUNT G -261, "TITLE INSURANCE AND ABSTRACTING ", 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 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 current and up to date law books, replacement volumes and pocket parts, and WHEREAS, a surplus exists in another account where it is not presently needed; and more specifically as follows, to wit: $270.00 in Account G -261, "Title Insurance and Abstracting NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA that the sum of $270.00 be transferred from Account G -261 designated as "Title Insurance and, Abstracting" to Account G -262 designated as "Law Books" both of said accounts being in the same category "Services Contractual ", and being within the General Fund. /sf Walter M. Szymkowiak Member of the Common Council A public hearing was held at this time on the above Resolution. City attorney Sheperd Crumpacker stated that this appropriation was for the bulletin subscription needed by the Legal Department. He stated that the subscription has expired and the Legal Department must be kept up -to -date on the Municipal code decisions. Councilman Szymkowiak made a motion that the resolution be adopted. Councilman Craven seconded the motion. Motion carried. 9 ayes.(Councilmen Laven, Allen, Craven, Reinke, Wise, Palmer, Zielinski, Grounds and Szymkowiak.) 0 nays. RESOLUTION NO. 229 -69 A RESOLUTION FOR AN ADDITIONAL APPROPRIATION IN ACCOUNT P -12, "SPECIAL COMPENSATION" OF THE SOUTH BEND POLICE DEPARTMENT, IN THE AMOUNT OF $7,500.00 AND THE TRANSFER OF SAME FROM ACCOUNT P -11, "SALARIES AND WAGES ", 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 appropri 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 additional time spent due to the increased demands on the Police Department in emergency areas, and WHEREAS, a surplus exists in another account where it is not presently needed; and more specifically as follows, to -wit: $7,500.00 in Account P -11, "Salaries and Wages" NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, that the sum of $7,500.00 be transferred from Account P -11 designated as "Salaries and Wages" to Account P -12 designated as "Special Compensation ", both of'said accounts being in the same category "Services Personal; and being within the General fund. /s/ William W. Grounds Member of the Common Council A public hearing was held at this time on the above Resolution. City Engineer Taylor explained the need for the Resolution. He stated it sometimes becomes necessary to hold over an extra shift for extra duty. Also, if an officer should retire, it will take two or three recruits to fill the position. He said the surplus of money is available in Acct. P -11. Councilman Grounds commented that some police officers have had to work 16 hours straight. Mr. R.J.Chwalek, 205 Woodhill Lane, South Bend, spoke in favor of the adoption of the resolution. Councilman Wise made a motion that the resolution be adopted. Councilman Palmer seconded the motion. M0tiO3 carried. 9 ayes (Councilmen Laven, Craven, Reinke, Allen, Grounds, Wise, Palmer, Zielinski and Szymkowiak.) 0 nays. UNFINISHED BUSINESS Councilman Allen asked that the department heads,who submit ordinances and other material to the council, please mark at the top of the page the identifying subject of the material. She explained this would make it much more helpful to the City Clerk's office and also for the Councilmen. REGULAR MEETING OCTOBER 28. 1969 (There being no further business to come before the Council, Councilman Allen made a motion to adjourn. Councilman Grounds seconded the motion. Motion carried. Time: 9:20 p.m. 1 ATTEST: CITY CLE APPROVED: PRESIDENT s