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Home My WebLink About04-28-70 Council Meeting Minutesv - REGULAR MEETING (Reconvened) APRIL 28, 1970 Be it remembered that the Common Council of the City of South Bend, Indiana, reconvened in the Morris Civic Auditorium, on Tuesday, April 28, 1970 at 11:41 p.m., with eight members present, one absent (Councilman Wise). The meeting was called to order;by Council - President 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 April 13, 1970 meeting of the Council and found them correct. They therefore recommend that the same be approved. /s/ Robert 0. Laven Isl Janet S. Allen I'sl Albert E. Palmer There being no objections, the report was accepted as read and placed on file. REPORT FROM CITY CONTROLLER The report of City Controller, James A. Bickel, for the month of March, 1970, 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 as submitted and placed on file. REPORTS OF THE COMMITTEE OF THE WHOLE Council - President Laven entertained a motion to waive the reading of the Committee of the Whole Reports. Councilman Reinke so moved, seconded by Councilman Zielinski. Motion carried unanimously. Council- President Laven entertained a motion that the Gilmer Park Ordinance be brought up for Third Reading at this time. Councilman Grounds so moved, seconded by Councilman Allen. Motion carried. REGULAR MEETING APRIL 28, 1970 ORDINANCES, THIRD READING ORDINANCE NO. 5177 -70 AN ORDINANCE ANNEXING TERRITORY TO THE MUNICIPAL CITY OF SOUTH BEND, INDIANA, GENERALLY DESCRIBED AS THE GILMER PARK ANNEXATION. The Ordinance was given third reading. Councilman Grounds made a motion, seconded by Councilman Reinke, for passage of the Ordinance. During a discussion on the motion Councilman Allen asked that the Council reconsider and delay voting on the Ordinance. Councilman Palmer said he was opposed to the rapid procedure the Council is going in annexation and said until the Council has something to offer the residents, he was opposed to the annexation. The Ordinance passed by a roll call vote of 5 ayes (Councilmen Laven, Reinke, Grounds, Szymkowiak, and Zielinski) 3 nays (Councilmen Allen, Craven and Palmer) 1 absent (Councilman Wise) Council - President Laven entertained a motion that the Council recess to the County -City Building for the remainder of the meeting. Councilman Reinke so moved, seconded by Councilman Zielinski. Motion carried. Time: 11:45 p.m. The Council reconvened at 11:50 p.m. in the County -City Building, 227 W. Jefferson Blvd. in the Council Chambers. Council - President Laven presiding. ORDINANCES, THIRD READING ORDINANCE NO. 5173 -70 AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE N0. 4990 - CHAPTER 40 OF THE MUNICIPAL CODE (formerly Zoning Ordinance No. 3702). .(3533 East McKinley) The Ordinance was given third reading. Councilman Grounds made a motion for passage of the Ordi- nance. Councilman Craven seconded the motion. There being no discussion on the motion, the Ordinance was passed by a roll call vote of 8 ayes (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Palmer and Zielinski) 0 nays, 1 absent (Councilman Wise). ORDINANCE NO. 5174 -70 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 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. (3000 E. McKinley Ave.,Park Jefferson) The Ordinance was given third reading, Councilman Craven made a motion for passage of the Ordi- nance. Councilman Palmer seconded the motion. There being no discussion on the motion, the Ordinance was passed by a roll call vote of 8 ayes (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Palmer and Zielinski) 0 nays, 1 absent (Councilman Wise.). ORDINANCE NO. 5175 -70 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 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. (150 W. Angela Boulevard) The Ordinance was given third reading. Councilman Grounds made a motion for passage of the Ordi- nance. Councilman Szymkowiak seconded the motion. There being no discussion on the motion, the Ordinance was passed by a roll call vote of 8 ayes (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Palmer and Zielinski) 0 nays, 1 absent (Councilman Wise). ORDINANCE NO. 5176 -70 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WASTE- WATER TREATMENT PLANT OF THE CITY OF SOUTH BEND, INDIANA AND E. L. ZIMMERMAN COMPANY, INC., MISHAWAKA, INDIANA FOR THE INSTALLATION OF PUMPS IN THE AMOUNT OF $25,325.00. The Ordinance was given third reading. Councilman Zielinski made a motion for passage of the Ordi- nance. Councilman Craven seconded the motion. Councilman Allen said "we definitely need this at this time. We should double the order." There being no further discussion on the motion, the Ordinance was passed by a roll call vote of 8 ayes (Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak, Palmer and Zielinski) 0 nays, 1 absent (Councilman Wise). ;56 REGULAR MEETING APRIL 28, 1970 ORDINANCES, THIRD READING ORDINANCE DEFEATED AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION TO ACCOUNT 52, "RENTS ", IN THE AMOUNT OF $1,500.00 AND THE TRANSFER OF SAID SUM FROM ACCOUNT 213, "TRAVELING EXPENSES ", IN THE DEPARTMENT OF RE- DEVELOPMENT, ALL BEING WITHIN THE REDEVELOPMENT FUND. The Ordinance was given third reading. City Controller James A. Bickel recommended that a new Ordinance be drafted. Councilman Palmer made a motion for passage of the Ordinance. Councilman Craven seconded the motion. There being no further discussion on the motion, the Ordinance was defeated by a roll call vote of 1 aye (Councilman Palmer) 7 nays (Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak and Zielinski) 1 absent (Councilman Wise). ORDINANCE NO. 5177 -70 AN ORDINANCE ANNEXING TERRITORY TO THE MUNICIPAL CITY OF SOUTH BEND, INDIANA, GENERALLY DESCRIBED AS THE GILMER PARK ANNEXATION. See Page 355 for Third reading. ORDINANCES, FIRST AND SECOND READING ORDINANCE AN ORDINANCE APPROPRIATING LOCAL ROAD AND STREET FUNDS IN THE SUM OF $67;660 AND $22,553 FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND FOR THE FISCAL YEAR ENDING DECEMBER 31, 1970. 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 May 11, 1970. Councilman Palmer seco the motion. Motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $70,000 FROM THE SEWAGE DISPOSAL FUND FOR THE CONSTRUCTION OF SEWERS. 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 May 11, 1970. Councilman Craven seconde the motion. Motion carried. 11 UNFINISHED BUSINESS Councilman Craven asked if our anti- litter law covers the outlawing of throwing disposible bottles on the ground and in the streets. City Attorney Crumpacker said he would investigate the matter. There being no further business to come before the Council, Councilman Allen moved for adjourn- ment. Councilman Craven seconded the motion. Motion carried. ATTEST: APPROVED: i PRESIDENT