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Home My WebLink About02-09-70 Council Meeting MinutesREGULAR MEETING FEBRUARY 9, 1970 REGULAR MEETING (Reconvened) Be it remembered that the Common Council of the City of South Bend, Indiana, reconvened in the Council Chambers in the County -City Building on Monday, February 9, 1970 at 11:50 p.m., all members present. The meeting was called to order by Council- President Robert O. Laven, who presi (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 January 26, 1970 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. Ci. None. - MISCE REPORTS FROM THE CITY CONTROLLER TTERS Council - President Laven entertained a motion for the Reports to be heard at the next Council meeting on February 24, 1970. Councilman Zielinski so moved, seconded by Councilman Craven. Motion carried. (Reports for month of December, 1969 and Year of 1969) REPORT OF THE COMMITTEE OF THE WHOLE Council- President Laven entertained a motion to waive the reading of the Committee of the Whole Reports. Councilman Allen so moved, seconded by Councilman Zielinski. Motion carried unanimously, ORDINANCES, THIRD READING ORDINANCE NO. 5149 -70 AN ORDINANCE PROVIDING FOR TEMPORARY WALKWAYS AROUND CONSTRUCTION PROJECTS AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF, AS AMENDED. The Ordinance was given third reading. Councilman Wise made a motion, seconded by Councilman Wise for the adoption of the amendment %n.% on carried unanimously. Councilman Craven made'a motion for passage of the Ordinance,A Wise seconded the motion. There being no discussion on the motion, the Ordinanc ass passse$ b a roll �� p y o 1 call vote of 9 ayes (Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Wise, Palmer and Zielinski) 0 nays. ORDINANCE NO. 5150 -70 AN ORDINANCE TO AMEND SEVERAL SECTIONS OF ORDINANCE NO. 4838 -66, ENTITLED "AN ORDINANCE REPEALING CHAPTER 36 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1962, RELATING TO TAXICABS AND OTHER VEHICLES: AND ENACTING AN ORDINANCE REGULATING TAXICABS AND OTHER VEHICLES: LICENSING TAXICABS AND TAXICAB DRIVERS: PROVIDING FOR TAXICAB STANDS ON THE PUBLIC STREETS: PROVIDING PENALTIES FOR THE VIOLATION THEREOF; AS AMENDED. the Ordinance was given third reading. Councilman Zielinski made a motion, seconded by Councilman Palmer for the adoption of the amendment. MotiQn carried unanimously. Councilman Zielinski made „„ a motion for passage of the Ordinance,asC P n 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, Allen, Craven, Reinke, Grounds, Szymkowiak, Wise, Palmer and Zielinski) 0 nays. 3-115 REGULAR MEETING FEBRUARY 9, 1970 ORDINANCE NO. 5151 -70 AN ORDINANCE AMENDING ORDINANCE NO. 4990 ADOPTED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (309 N. Ironwood Dr.) The Ordinance was given third reading. Councilman Craven made a motion for passage of the Ordinance. 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, Allen, Craven, Reinke Grounds, Szymkowiak, Wise, Palmer and Zielinski) 0 nays. ORDINANCE NO. 5152 -70 AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION TO ACCOUNT P -726, "OTHER EQUIPMENT" IN THE AMOUNT OF $4,028.00 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 Craven made a motion for passage of the Ordinance. Councilman Reinke seconded the motion. There being no discussion on the motion, the Ordinance was passed by a roll call vote of 7 ayes (Councilmen Craven, Reinke, Grounds, Szymkowiak, Wise, Palmer, and Zielinski) 2 nays (Councilmen Laven and Alleii. Councilmen Laven and Allen stated they opposed only the method of financing the equipment. ORDINANCE NO. 5153 -70 AN ORDINANCE AMENDING ORDINANCE NO. 3702, ADOPTED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA ON THE 13TH DAY OF JUNE, 1949, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, AS AMENDED. (ORDINANCE NO. 4990 -68) (Fillmore- Lombardy) The Ordinance was given third reading. Councilmen Reinke made a motion for passage of the Ordinance. Councilman Craven seconded the motion. There being no discussion on the motion, the Ordinance was passed by a roll call vote of 5 ayes (Councilmen Laven, Reinke, Craven, Grounds, Palmer) 4 nays (Councilmen Allen, Szymkowiak, Wise and Zielinski). ORDINANCES, FIRST AND SECOND READING ORDINANCE NO. 5148 -70 AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAKING OF A TEMPORARY LOAN FOR THE GENERAL FUND AND THE ISSUANCE AND SALE OF WARRANTS OF THE CITY FOR SUCH PURPOSE, AS AMENDED. The Ordinance was given first reading by title and second reading in full. Councilman Reinke made a motion for suspension of rules. Councilman Craven seconded the motion. Motion carried by a roll call vote of 9 ayes, (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkwoiak, Wise, Palmer, and Z ielinski.) 0 nays. 0 absent. A public hearing on the ordinance was held at this time and proponents and opponents were given an opportunity to be heard thereon. Speaking for the Ordinance and answering various questions of the Councilmen was Deputy City Controller James R. Borror. He stated "there are insufficient funds in the General Fund of the'.City to meet operating needs which are included in the regular budget and appropriation adopted for the year 1970, which are required to be met prior to the receipt of taxes in the year 1970. It will be necessary to authorize and to make a temporary loan for the General Fund in the amount not exceeding $700,000.00, and I recommend that a temporary loan be authorized for the General Fund in the amount not to exceed $700,000.00, and that the warrants evidencing said loan be made payable on or before June 30, 1970." Councilman Palmer made a motion, seconded by Councilman Grounds and motion carried that the Ordinance be amended as follows: 1. Section 2, line 3: insert "and interest" after the word warrants. 2. Section 2, line 4: change word indicated to read "indicate." 3. Section 3, line 9: change word deducing to read "deducting." Councilman Grounds made a motion, seconded by Councilman Palmer, that the Ordinance be passed, as amended. Motion carried by a roll call vote of 9 ayes (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Wise, Palmer and Zielinski). 0 nays. 0 absent. 32- REGULAR MEETING FEBRUARY 9, 1970 ORDINANCES, FIRST AND SECOND READING ORDINANCE AN ORDINANCE APPROPRIATING THE SUM OF $583,510.00 FROM THE CUMULATIVE SEWER BUILDING AND SINKING FUND. The Ordinance was given first reading by title and second reading in full. Councilman Reinke made a motion the Ordinance be set for Public hearing on February 24, 1970. Councilman Craven seconded the motion. Motion carried. Councilman Laven entertained a motion to defer the Ordinances, First & Second Reading, listed on the agenda as #18 thru #25, to the Council meeting to be held on February 24, 1970. Councilman Allen so moved. Councilman Palmer seconded the motion. Motion carried unanimously. ORDINANCES, FIRST AND SECOND READING (1RT)TNANC`F. AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WASTEWATER TREATMENT PLANT OF THE CITY OF SOUTH BEND, INDIANA AND GARNER'S PLUMBING & HEATING PIPING CONTRACTOR OF ARGOS, INDIANA, FOR A SEWER REPAIR AT 1141 CAMPEAU STREET, SOUTH BEND, INDIANA, IN THE AMOUNT OF $3,900.00. The Ordinance was given first reading by title and second reading in full. Councilman Grounds made a motion the Ordinance be set for Public Hearing on February 24, 1970. Councilman Craven second the motion. Motion carried. ORDINANCE AN ORDINANCE TO AMEND SECTION 6 OF ORDINANCE NO. 4838 -66 ENTITLED "AN ORDINANCE REPEALING CHAPTER 36 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1962, RELATING TO TAXICABS AND OTHER VEHICLES: AND ENACTING AN ORDINANCE REGU- LATING TAXICABS AND OTHER VEHICLES: LICENSING TAXICABS AND TAXICAB DRIVERS: PROVIDING FOR TAXICAB STANDS ON THE PUBLIC STREETS: PROVIDING PENALTIES FOR THE VIOLATION THEREOF." The Ordinance was given first reading by title and second reading in full. Councilman Allen made a motion the Ordinance be set for Public Hearing on February 24, 1970. Councilman Zielinski seconded the motion. Motion carried. (Re: Liability) IIUNFINISHED BUSINESS Councilman Craven directed the Clerk to send a letter to the St. Joseph County Board of Commissi ers regarding the spot - lighting of the American Flag at night if it is to continue being flown 24 -hours a day. At the present time, it is being flown 24 hours a day and Councilman Craven said he believed it should either be spot- lighted or taken down in the evening. Councilman Allen stated that she has received a detailed report from the City Controller of the Parking Meter Expenditure Budget. 11NEW BUSINESS Council- President Laven appointed Councilman Janet S. Allen, Chairman of the Legislature Committee to investigate the Indiana State laws pertaining to the Board of Public Works & Safety purchasing land without the Council approval. There being no further business to come before the Council, Councilman Zielinski moved for adjournment. Councilman Wise seconded the motion. Motion carried. T;'Me: 12:20 p.m. IIATTEST: CITY APPROVED: PRESIDENT