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HomeMy WebLinkAbout11-10-69 Council Meeting MinutesREGULAR MEETING NOVEMBER 10, 1969 Be it remembered that the Common Council of the City of South Bend, Indiana, reconvened in the Council Chambers in City Hall on Monday, November 10, 1969 at 9:12 p.m., all members present. The meeting was called to order by Council President Robert O. Laven, who presided. 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 27th and 28th, 1969 meetings 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. M1 REGULAR MEETING NOVEMBER 10, 1969 CITIZENS REQUESTS - MISCELLANEOUS MATTERS None. COMMUNICATIONS Area Plan Commission of St. Joseph County, Indiana 214 W. Wayne Street October 29, 1969 Mr. Robert O. Laven, President South Bend Common Council City Hall South Bend, Indiana Re: 3516 E. Jefferson Blvd. Hickey - Brazeau Zoning Petition Gentlemen: On October 21, 1969, the Area Plan Commission, at their regular monthly meeting, considered your letter relative to the above captioned matter. The following action was taken: Following discussion it was moved by Mr. Sharp, seconded by Mr. Simeri and carried that the Common Council be informed that the Area Plan Commission confirms that the fence on the site development plan should be six feet in height. Very truly yours, John K. Wilson, /s/ Executive Director jkw /cas Attach. There being no objections, the report was accepted as read and placed on file. COMMUNICATIONS Area Plan Commission 214 W. Wayne Street October 29, 1969 The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: The attached petition of Elden A. Candler, etal, was legally advertised under date of October 21, 1969. The following action was taken: After due consideration, it was moved, seconded, and carried that the revised and modified site development plan be recommended favorably to the Common Council. An excerpt of the minutes of the meeting is hereby attached and made a part of this report. Very truly yours, John K. Wilson, /s/ Executive Director JKW /cas Attach. There being no objections, the report was accepted as read and placed on file and the letter was attached with the original zoning Ordinance No. 4998 -68. (900 Block E. Ireland Rd.) REGULAR MEETING NOVEMBER 10, 1969 REPORT FROM AREA PLAN COMMISSION Area Plan Commission 214 W. Wayne St. October 29,1969 The Honorable Common Council City of South Bend South Bend, Indiana 46601 Gentlemen; Location: Corner of West Washington and Chapin Streets The attached rezoning request of Peter F. Nemeth 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 and site development plan be recommended unfavorably to the Common Council. An excerpt of the minutes of the meeting is hereby attached and made a part of this report. Very truly yours, John K. Wilson /s/ Executive Director JKW /c a s Attach. There being no objections, the report was accepted,as read and placed on file. REPORT FROM AREA PLAN COMMISSION Area Plan Commission ,214 W. Wayne St. October 29, 1969 The Honorable Common Council City of South Bend South Bend, Indiana 46601 Gentlemen: Location: State Rd. #23 & Vaness Street Turtle Creek Apts. Kroger Store The attached ordinance originated by the Area Plan Commission was legally advertised under date of October 11 and 18 and given public hearing on October 21, 1969. The following action was taken: It was moved, seconded, and carried that the ordinance be recommended favorably to the Common Council. An excerpt from the minutes of the meeting is hereby attached and made a part of this report. Very truly yours, John K. Wilson /s/ Executive Director JKW /cas Attach. iThere being no objections, the report was accepted as read and placed on file. REPORT FROM AREA PLAN COMMISSION Area Plan Commission 214 W. Wayne St. October 29, 1969 The Honorable Common Councfl- City of South Bend South Bend, Indiana Gentlemen: Location: St. Joe River/ Angela Blvd. The attached ordinance originated by the Area Plan Commission 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 and previously approved site 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 John K. Wilson, /s/ Executive Director JKW /cas 7Q REGULAR MEETING NOVEMBER 10, 1969 REPORT FROM ANNEXATION COMMITTEE To the Common Council of the City of South Bend: 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 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 be brought to the Council for 3rd reading and final consideration at the November 10, 1969 meeting. /s/ Robert 0. Laven Chairman There being no objections, the report was accepted as read and placed on file. REPORT FROM ANNEXATION COMMITTEE To the Common Council of the City of South Bend: Your Committee, the Annexation Committee, to whom was referred'AT CE ANNEXING TO AND BRINGING WITHIN THE CITY OF SOUTH BEND, INDIANA, CERTAIN LANDS, (� Fillmore Rd, West of Lombardy) respectfully report that they have examined the matter and that in their opinion the Ordinance should be brought to the Council for 3rd reading and final consideration at the November 10, 1969 meeting. Also, involved in the consideration on the above matter, is the need to annex the surrounding areas as follows: 1. The VFW Post #9820, 23161 Fillmore Road. 2. The area bound generally by the Penn - Central tracks on the North, the present City Limits on the South and Mayflower Road on the West. It is recommended that two (2) annexation Ordinances be introduced at the November 10, 1969 meeting on the above areas. Robert O. Laven Chairman There being no objections, the report was accepted as read and placed on file. REPORT FROM ORDINANCE COMMITTEE To the Common Council of the City of South Bend: Your Committee, the Ordinance Committee, to whom was referred "AN ORDINANCE REGULATING THE BURNING OF REFUSE AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF," respectfully report that they have examined the matter and that in their opinion, the matter is still under considera- tion by the Ordinance Committee. Robert 0. Laven 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 FROM THE GENERAL FUND IN THE AMOUNT OF $10,000.00 TO ACCOUNT B -53 "REFUNDS, AWARDS AND INDEMNITIES" IN THE OFFICE OF THE CITY CONTROLLER," respectfully report that they have examined the matter and that in their opinion the Ordinance go to the Council as favorable. /s/ William W. Grounds Chairman There being no 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 TO AMEND THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDENTIFIED AS ORDINANCE NO. 4990, ORDINANCE NO. 3702, AS AMENDED, TO THE EXTENT IT IS STILL EFFECTIVE, AND THE MUNICIPAL CODE OF SOUTH BEND, INDIANA, SECTIONS 40 -1 to SECTIONS 40 - 43, AS AMENDED TO THE EXTENT IT IS STILL EFFECTIVE. "(Location: Western,Lombardy and Villageway Streets) 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. 'if REGULAR MEETING NOVEMBER 10, 1969 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 AMENDING AND SUPPLEMENTING ORDIN- ANCE NO. 4990 - CHAPTER 40 OF THE MUNICIPAL CODE (FORMERLY ZONING ORDINANCE NO. 3702) "(Location: Land located near the Northwest corner of the intersection of McKinley Avenue and Hickory Road in 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. fs/ 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 APPROPRIATING LOCAL ROAD AND STREET ACCOUNT FUNDS FOR THE FISCAL YEAR ENDING DECEMBER 31, 1969" 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 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" 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. ORDINANCES, THIRD READING ORDINANCE NO. 5116 -69 AN ORDINANCE ANNEXING TERRITORY TO THE MUNICIPAL CITY OF SOUTH BEND, INDIANA, 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 passed. Councilman Zielinski seconded the motion. There being no discussion on the motion, the Ordinance was passed by a roll call vote of 9 ayes (Councilmen Laven, Craven, Reinke, Allen, Grounds, Szymkowiak, Wise,Palmer and Zielinski) O'nays. ORDINANCE NO. 5117 -69 AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION FROM THE GENERAL FUND IN THE AMOUNT OF $10,000.00 TO ACCOUNT B -53 "REFUNDS AWARDS AND INDEMNITIES "# IN THE OFFICE OF THE CIT-' CONTROLLER. The Ordinance was given third reading. Councilman Reinke made a motion that the Ordinance be passed. Councilman Zieli:nskiseconded the motion. There being no discussion on the motion, the Ordinance was passed by a roll call vote of 9 ayes (Councilmen Laven, Craven, Reinke, Allen, Grounds, Szymkowiak, Wise, Palmer and Zielinski) 0 nays. ORDINANCE NO. 5118 -69 AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, IDENTIFIED AS ORDINANCE NO. 4990, ORDINANCE NO. 3702, AS AMENDED, TO THE EXTENT IT IS STILL EF- FECTIVE, AND THE MUNICIPAL CODE OF SOUTH BEND, INDIANA, SECTIONS 40 -1 TO SECTIONS 40 -43, AS AMENDED TO THE EXTENT IT IS STILL EFFECTIVE. (Location: Western,Lombardy & Villageway Streets) The Ordinance was given third reading. Councilman Zielinski made a motion that the Ordinance be passed. Councilman Grounds seconded the motion. There being no discussion on the motion, the Ordinance was passed by a roll call vote of 9 ayes. (Councilmen Laven, Craven, Reinke, Allen, Grounds, Szymkowiak, Wise, Palmer and Zielinski) 0 nays. '1 5 REGULAR MEETING NOVEMBER 10, 1969 ORDINANCES, THIRD READING (Cont'd.) ORDINANCE NO. 5119 -69 AN ORDINANCE AMENDING AND SUPPLEMENTING ORD. NO. 4990 - CHAPTER 40 OF THE MUNICIPAL CODE (FORMERLY ZONING ORDINANCE NO. 3702). (Location: Northwest Corner of the Intersection of McKinley Ave. & Hickory Road; Ayr Way Store) The Ordinance was given third reading. Councilman Reinke made a.motion that the Ordinance be passed. Councilman Zielinski seconded the motion. There being no discussion on the motion, the Ordinance was passed by a roll call vote of 9 ayes. (Councilmen Laven, Craven, Reinke, Allen, Grounds, Szymkowiak, Wise, Palmer and Zielinski) 0 nays. ORDINANCE NO. 5120 -69 AN ORDINANCE APPROPRIATING LOCAL ROAD AND STREET ACCOUNT FUNDS FOR THE FISCAL YEAR ENDING DECEMBER 31, 1969 The Ordinance was given third reading. Councilman Grounds made a motion that the Ordinance be passed. Councilman Palmer seconded the motion. There being no discussion on the motion, the Ordinance was passed by a roll call vote of 9 ayes. (Councilmen Laven, Craven, Reinke, Allen, Grounds, Szymkowiak, Wise, Palmer and Zielinski) 0 nays. ORDINANCE NO. 5121 -69 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 third reading. Councilman Zielinski made a motion that the Ordinance be passed. Councilman Craven seconded the motion. There being no discussion on the motion, the Ordinance was passed by a roll call vote of 9 ayes. (Councilmen Laven, Craven, Reinke, Allen, Grounds, Szymkowiak, Wise, Palmer and Zielinski) 0 nays. ORDINANCE NO. 5122 -69 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.) The Ordinance was given third reading. Councilman Grounds made a motion that the Ordinance be passed. Councilman Reinke seconded the motion. Council President Laven asked if there was a motion for a discussion on the Ordinance. Councilman Grounds made a motion for a discussion. Councilman Reinke seconded the motion. Motion carried. Councilman Szymkowiak said there were plenty of other sites where housing could be built and he said "it is a selfish motive by a person pushing this annexation." Councilman Zielinski said the Council was only informed this evening at their caucus meeting that 118 units (not 55) are to be built on the 27 acres. He said he believed the Council needed more time to discuss this with the Housing Authority and the Ordinance should be sent back to Committee for further study. Councilman Craven and Wise said they supported Councilman Zielinski's remarks. Council- man Wise said he realized there is a great need for this housing especially if we want to go ahead with our downtown renewal program. He said the Council is committed to this annexation. The Ordinance was passed by a roll call vote of 5 ayes. (Councilmen Laven, Reinke, Grounds, Craven, Palmer) 4 nays. (Councilmen Zielinski, Allen, Szymkowiak and Wise) ORDINANCE NO. 5123 -69 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. (Location 3516 E. Jefferson Blvd.) The Ordinance was given third reading. Councilman Reinke made a motion that the Ordinance be passed. Councilman Grounds seconded the motion. There being no discussion on the motion, the Ordinance was defeated by a roll call vote of 4 ayes (Councilmen Reinke, Grounds, Szymkowiak and Palmeri 5 nays. (Councilmen Allen, Craven, Wise, Laven, Zielinski). Councilman Wise moved to reconsider the vote. Councilman Grounds seconded the motion. Motion carried. Council President Laven asked for a show of hands on the motion to reconsider the vote. 7 ayes. (Councilmen Craven, Wise, Zielinski, Grounds, Szymkowiak, Palmer and Reinke) 2 nays. (Councilmen Allen and Laven) Councilman Reinke made 'a motion that the Ordinance be passed. Councilman Grounds seconded the motion. There being no discussion on the motion, the Ordinance was passed by a roll call vote of 6 ayes. (Councilmen Reinke, Grounds, Szymkowiak, Wise, Palmer and Zielinski) 3 nays. (Council- men Laven, Allen and Craven) 2176 REGULAR MEETING NOVEMBER 10, 1969 ORDINANCES FIRST AND SECOND READING ORDINANCE AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, IDENTIFIED AS ORDINANCE NO. 4990, ORDI- NANCE NO. 3702, AS AMENDED, TO THE EXTENT IT IS STILL EFFECTIVE, AND THE MUNICIPAL CODE OF SOUTH BEND, INDIANA, SECTION 40 -1 TO SECTIONS 40 -43, AS AMENDED, TO THE EXTENT IT IS STILL EFFECTIVE. (Location: Washington & Chapin Sts.) The Ordinance was given first reading by title and second reading in full. Councilman Grounds made a motion that the Ordinance be set for a public hearing on November 24, 1969. Councilman Craven seconded the motion. Motion carried. C011q_R iZIANN AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE 4990 - CHAPTER 40 OF MUNICIPAL CODE (FORMERLY ZONING ORDINANCE 3702) (31 acres of land located on East Bank of St. Joseph River, North of Angela Boulevard) The Ordinance was given first reading by title and second reading in full. Councilman Palmer made a motion that the Ordinance be set for a public hearing on November 24, 1969. Councilman Grounds seconded the motion. Motion carried. ORDINANCE AN ORDINANCE ANNEXING TERRITORY TO THE CITY OF SOUTH BEND. (Location: Lilac Rd. - Westminister Church Annexation) The Ordinance was given first reading by title and second reading in full. Councilman Grounds made a motion that the Ordinance be set for a public hearing on November 24, 1969. Councilman Craven seconded the motion. Motion carried. ORDINANCE AN ORDINANCE ANNEXING CONTIGUOUS LANDS TO THE CITY OF SOUTH BEND. (Location: Grant & Ewing Streets) The Ordinance was given first reading by title and second reading in full. Councilman Reinke made a motion that the Ordinance be set for a public hearing on November 24, 1969, Councilman Palmer seconded the motion. Motion carried. 7 ayes. (Councilmen Laven, Craven, Reinke,Palmer, Grounds Zielinski, Wisel 2 nays. (Councilmen Allen and Szymkowiak) nPnTWAWrR AN ORDINANCE AMENDING SECTION 40 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1962, AS AMENDED, ALSO KNOWN AS ORDINANCE NO. 4990, THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED. (Location: State Road - #23 & Vaness Street, Turtle Creek Apts. & Kroger Store) The Ordinance was given first reading by title and second reading in full. Councilman Reinke made a motion that the Ordinance be set for a public hearing on December 8, 1969. Councilman Grounds seconded the motion. Motion carried. ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION TO ACCOUNT E -215, "TRAVELING EXPENSES" IN THE AMOUNT OF $200.00 AND THE TRANSFER OF SAID SUM FROM ACCOUNT E -12, "PRO-TEM. JUDGE AND JURIES, SPECIAL JUDGE, PAUPER ATTORNEY, MENTAL EXAMS AND WITNESS FEES ", IN THE OFFICE OF THE CITY JUDGE, 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 the Ordinance be set for a public-hearing on November 24, 1969. Councilman Zielinski seconded the motion. Motion carried. ORDINANCE AN ORDINANCE ANNEXING TERRITORY TO THE MUNICIPAL CITY OF SOUTH BEND, INDIANA, GENERALLY DESCRIBED AS THE FILLMORE ROAD, MAYFLOWER ROAD, PENN- CENTRAL, CITY LIMITS ANNEXATION. 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 December 8, 1969. Councilman Palmer seconded the motion. Motion carried. 7 ayes (Councilmen Laven, Allen, Craven, Reinke, Grounds, Wise, Palmer.) 2 nays. (Councilmen Szymkowiak and Zielinski) ORDINANCE AN ORDINANCE ANNEXING TERRITORY TO THE MUNICIPAL CITY OF SOUTH BEND, INDIANA, GENERALLY DESCRIBED AS THE V.F.W. PROPERTY ON FILLMORE ROAD. The Ordinance was given first reading by title and.second reading in full. Councilman Grounds made a motion that the Ordinance be set for public hearing December 8, 1969. Councilman Reinke seconded the motion. Motion Carried. 7 ayes, (Councilman Laven, Allen, Craven, Reinke, Grounds, Wise, Palmer) 2 nays (Councilmen Szymkowiak and Zielinski) REGULAR MEETING NOVEMBER 10, 1969 RESOLUTIONS RESOLUTION NO. 230 -69 A RESOLUTION FOR AN ADDITIONAL APPROPRIATION IN ACCOUNT P -262, "MEDICAL, SURGICAL & DENTAL EX- PENSES" OF THE POLICE DEPARTMENT, IN THE AMOUNT OF $400.00 AND THE TRANSFER OF SAME FROM ACCOUNT P -213, "TRAVELING EXPENSES ", ALL IN THE SAME CATEGORY AND WITHIN THE GENERAL FUND. 2`7`; 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 medical expenses, i.e., injuries and St. Mary's Guidance Testing, and WHEREAS, a surplus exists in another account where it is not presently needed; and more specifically as follows, to wit: $400.00 in Account P -213, "TRAVELING EXPENSES" NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, that the sum of $400.00.be transferred from Account P -213 designated as "Traveling Expenses to Account P -262 designated as "Medical, Surgical and Dental Expenses ", both of said accounts being in the same category "Services Contractual ", and being within the General Fund. /s/ Raymond Zielinski Member of the Common Council A public hearing was held at this time on the above Resolution. Police Chief Bussert replied to various questions from the Councilmen. He stated the department needs additional fundsto carry them through until the end of the year. Money is to be used for psychology testing; injuries needing medical attention, (resulting from vehicle accidents) and the bills are due now. Council- man Grounds moved that the resolution be adopted. Councilman Reinke seconded the motion. Motion carried. 9 ayes (Councilmen Laven, Reinke, Craven, Allen, Grounds, Szymkowiak, Wise, Palmer and Zielinski.) 0 nays. RESOLUTION NO. 231 -69 A RESOLUTION FOR AN ADDITIONAL APPROPRIATION IN ACCOUNT L -726, "OTHER EQUIPMENT" OF THE ENGINEER- ING DEPARTMENT, IN THE AMOUNT OF $100.00 AND THE TRANSFER OF SAME FROM ACCOUNT L -722, MOTOR EQUIP- MENT", 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 approp- riated in the annual budget for the various functions of City Government to meet such extra- ordinary contingencies, and WHEREAS, additional funds are needed to pay for radio equipment, and WHEREAS, a surplus exists in another account where it is not presently needed; and more specifically as follows, to -wit: $100.00 in Account L -722, "MOTOR EQUIPMENT" NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, that the sum of $100.00 be transferred from Account L -722 designated as "Motor Equipment" to Account L -726 designated as "Other Equipment ", both of said accounts being in the same category "Properties ", and being within the General Fund. /s/ Janet S. Allen Member of the Common Council A public hearing was held at this time on the above resolution. City Engineer Lloyd Taylor explained that the appropriation was for payment for new radios. Instead of receiving trade -in value for the old radios, they are more valuable used for repair parts. Councilman Zielinski made the motion for the adoption of the resolution. Councilman Reinke seconded the motion. Motion carried. 9 ayes (Councilmen Laven, Craven, Allen, Reinke, Grounds, Szymkowiak, Wise, Palmer and Zielinski) 0 ayes. UNFINISHED BUSINESS Councilman Allen asked;if there was a Controllers Report. City Controller James A. Bickel stated there was none. NEW BUSINESS f B n Councilman Sz ymkowiak reported that thee r al Fire Station on St. Joseph Street was a disgrace to the City. He said the smoke and soot was heavy around the area. He asked that the City try and see that this be corrected soon. City Engineer Taylor said an Air - Pollution Ordinance is being worked on by the County and the City Health Department is also developing an Air - Pollution Control.