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HomeMy WebLinkAbout06-14-71 Council Meeting MinutesREGULAR MEETING JUNE 14, 1971 REGULAR MEETING Be it remembered that the Common Council of the City of South Bend, Indiana, met in the Council Chambers in the County -City Building on Monday, June 14, 1971, at 8 :08 P. M. The meeting was called to order by Council President Robert 0. Laven. The invocation was given by Reverend Kenneth Foulke, All Saints Evangelical United Methodist Church, 2308 South High Street, South Bend, Indiana. ROLL CALL PRESENT: Councilmen Laven, Allen, Reinke, Craven, Grounds, Szymkowiak., Wise and Palmer ABSENT: Councilman Zielinski RESOLVE INTO THE COMMITTEE OF THE WHOLE Council President Laven entertained a motion to resolve the Council into the Committee of the Whole on the state of the City to consider the items listed on the agenda for the consideration of the Committee of the Whole. Councilman Reinke so moved, seconded by Councilman Craven. Motion carried. Time: 8:10 P. M. COMMITTEE OF THE WHOLE MEETING Be it remembered that the Common Council of the City of South Bend, Indiana, met in the Committe of'the Whole in the Council Chambers of the County -City Building on Monday, June 14, 1971 at 8:11 P.M.- The meeting was called to order by Chairman William W. Grounds, who presided. ORDINANCE NO.5299 -71 AN ORDINANCE AMENDING ORDINANCE. NO. 3964 ENTITLED "AN ORDINANCE FIXING THE SCHEDULE OF RATES AND CHARGES TO BE COLLECTED BY THE CITY OF SOUTH BEND, INDIANA, FROM THE OWNERS OF PROPERTY SERVED BY THE SEWAGE DISPOSAL WORKS OF SAID CITY, AND OTHER MATTERS CONNECTED THERE- WITH", PASSED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA ON FEBRUARY 24, 1954, AS AMENDED BY AN ORDINANCE NO. 4844 PASSED BY THE COMMON COUNCIL OF SOUTH BEND, INDIANA, ON APRIL 25, 1966. Councilman Craven moved to amend ordinance by substitution and amendment was read by Councilman Craven. The motion was seconded by Councilman Laven and carried unanimously. This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard thereon. David Wells, Sanitation Engineer, spoke on the ordinance revising rates for sewage treatment for the construction of additional equipment and operating costs of the Wastewater plant of South Bend. Following hearings with the Indiana Stream Pollution Control Board, the City was mandated to chlorinate the final ef- fluent of the sewage plant by May, 1969, and subsequently the City was directed to remove 80% of the phosphates. Having applied for assistance,State and Federal funds in the amount of $4,451,275 are now available. If the facilities are not built, the administration and City would be in contempt of the Stream Pollution Control Board and eventually, the courts. Re- payment of the bond and the operation of the new facilities are to be provided for with the proposed rate. Passage of this ordinance should not be delayed since our time table is quite short and the loss of these grants would result in approximately 24% increase to the taxpayer. Eighty per cent of the increased cost is due to the need for five chemicals and additional power; increased labor and overhead account for the balance. The final minimum monthly charge will be $3.40. Forty per cent of the rate increase would go into effect on July, 1971, forty per cent in July, 1972 and twenty per cent in January, 1973. Mr. Wells urged passage of this legislation in order to keep our river as a recreational area rather than an open sewer. Mr. William Ogden who resides in Mishawaka and is a representative of the United Auto Workers retirees in the county, objected to the increased rates and said that provisions should be made for exemption for people on Social Security and fixed incomes; that old people are never going to see the river clean. Mrs. Robert Rice of the Rice Enterprises, 1420 So. Michigan St., South Bend, referred to an article written by the Industrial Pollution Control Council in the Department of Commerce regarding several methods of low cost removal of phosphates. She asked if the new equipment was necessary. Miss Virginia Guthrie, executive secretary of the Civic Planning Association, asked if limitations placed on phosphate contents in detergents by the Indiana General Assembly would not affect the requirements for phosphate removal from the sewage. Mr. Wells referred to a letter from Mr. Perry Miller, Technical Secretary of the Stream Pollution Control Board, dated May 28, 1971, addressed to Mr. Lloyd S. Taylor, City Engineer, which contains the following paragraph: "As you know, all phosphorus does not come from detergents. Human wastes contain considerable amounts and in addition, even with the reductions required by the Detergent Act, there would still be a significant amount of phosphorus in compounds used in cleaning, industrial and commercial operations. Therefore, phosphorus removal facilities will still be required at the wastewater treatment plant." Mr. Robert Rice of the Rice Enterprises, 1420 So. Michigan Street, South Bend, stated that while he did not oppose the ordinance, he felt that it was somewhat inequitable in that as compar- ed to any other public utility, industry pays the same rate as the householder. He wished to clarify that the launderers and cleaners were not as much to blame for the pollution as was attributed to them; that since their water goes through steam operations, it is purified. They now have the added problem of having to pay the higher rate but are not able to increase their prices because the coin operated machines cannot be changed to 56, increase or 10� in- crease. The next step is a 501� coin machine which would decrease the use of the laundromats and increase the sales of the automatic home washers. Mr. Laven thought it was a point well taken and asked Mr. McCullough to comment on the rate. Mr. Taylor said that the contracts with the gas and electric companies are risky for the consumer; that since we have a certain bas fixed cost, we try to make everybody pay for that fixed cost. Mr. Michael McIntire, Notre Dame Law Professor, opposed the ordinance stating he strongly disagreed with the philosophy be- hind it, in that it was unfair; that it subsidizes the large users. He suggested the Council reconsider and referred them to a book entitled "Composition of Industrial Waste ". He stated that oil and gasoline are a terrific problem that could very well be taken care of in a sur- charge. Those who create the problem should be made to pay for them. Graduated rates are highly discriminatory against the property owner, retirees and those on fixed incomes. Heavy metals and concentrates create problems also. City Attorney S. J. Crumpacker replied to Mr. McIntire by stating that to say that the step rate schedule system is insane would mean that REGULAR MEETING JUNE 14, 1971 II COMMITTEE OF THE WHOLE MEETING (Continued) perhaps we have been insane for some seventeen years; it is strange that we have never heard of it until now. The City of South Bend is competing for economic survival. We are trying desparately to bring new industries into the community. Industry would leave in a stampede if the schedules were turned upside down. We do not have all the time in the world to con- sider this matter, as we have a 90 -day limitation. We must not throw away a grant of over three million dollars. Mr. Roman J. Kowalski, 802 Birchway, South Bend, admonished that we are recklessly accepting grants and must remember that we still have to pay for them. He in- quired how much time we had to pay for this 7.7 million dollars. Mr. Wells said we have until 1985 to pay off the original 1954 bond, then in 1985 we start to retire these bonds at a cost of one million dollars per year. Chairman Grounds cited a good example about the people of Atlanta, Georgia who had to pay 80 to 100 million dollars when they were mandated to clean their river and put in adequate sewers; that we should be thankful for what we have already done in thet)ast. Chairman Grounds entertained a motion for a short recess, Councilman Palmer so moved, seconded by Councilman Allen. Motion carried unanimously. Time: 9:40 P. M. The Committee of the Whole reconvened at 9:50 P. M. Councilman Szymkowiak stated that he would like to see the small user get a break since indus- try can take the utility expense as a tax deduction. Mr. John Hunter, Superintendent of the Water Works, advised that the commercial user will be billed monthly and the householder bi- monthly at an added expense to the department. Councilman Laven felt that this ordinance had been discussed quite thoroughly, we should support it as amended thus providing our children with something very worthwhile. He made a motion that the ordinance go to Council as favor- able as amended, seconded by Councilman Reinke. Motion carried. ORDINANCE NO. 5300 -71 AN ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SEWERS AND DRAINS, PRIVATE SEWAGE DISPOSAL, THE INSTAL- LATION AND CONNECTION OF BUILDING SEWERS, AND THE DIS- CHARGE OF WATERS AND WASTES INTO THE PUBLIC SEWER SYSTEM(S): AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF: IN THE CITY OF SOUTH BEND, COUNTY OF ST. JOSEPH, STATE OF INDIANA. This being the time heretofore set fort ublic hearing on the above ordinance, proponents and opponents were given an opportunity to heard thereon. Mr. Lloyd S. Taylor, City Engineer, spoke on the Sewer Use Ordinance which has been developed by tte.Engineering Department with the cooperation of the Superintendent of the Wastewater Treatment Plant, the Building Com- missioner and the County Health Office, and reviewed by several local firms and associations. The ordinance defines and regulates the disposal of water borne waste either by private sew- age disposal systems or into the public sewer system. It states the materials and concentra- tions which may not be discharged, the manner in which these concentrations will be measured and the circumstances under which they may be made acceptable. This ordinance has been under consideration for approximately sixteen years. Councilman Allen made a motion to amend Article III, page 10, Section 5, (d), line three, by deleting "section 10 of this article" and adding "Article 10, Section 1 of this Ordinance." Seconded by Councilman Laven. Motion carried. Motion was made by Councilman Laven to amend Article II, page 3, Section 3, to delete "the period" (11.11) and add 11, within the City of South Bend." Seconded by Councilman Craven. Motion carried. Councilman Laven made a motion to add to Article III, page 4, Section 3, line two, "within the City of South Bend." Seconded by Councilman Craven. Motion carried. Councilman Reinke made a motion, seconded by Councilman Szymkowiak, that this ordinance go to Council as favorable as amended. Motion carried. nRnTNAN[`P. AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO. 4990 -68 CHAPTER 40 OF THE MUNICIPAL CITY OF SOUTH BEND, INDIANA, FORMERLY REFERRED TO AS ZONING ORDINANCE NO. 3702. (3525 South Michigan St.) This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard thereon. Attorney William N. Farabaugh spoke for Myron and Rosemary Ferrar who presently own and operate the Seeley Boot Shop, 218 So. St. Joseph St., South Bend, and are to relocate because of the urban renewal program. They have looked at sixteen different locations and have now found a site at 3525 So. Michigan Street, South Bend,, which would be very suitable for the purpose of their long time family type shoe store and they request that zoning be changed from "B" Residential District to "C" Commercial District. Mr. Farabaugh presented pictures and sketches of the present and future sites and buildings. He stated there were no objections from the surrounding householders and that the attractive decor would add favorably to the area. Councilman Allen requested that considera- tion be given to saving the trees. Councilman Laven made a motion, seconded by Councilman Szymkowiak, that following the word "District." there be added ", subject to the site plan attached hereto." Motion carried. Mr. Douglas Carpenter of the Area Plan Commission said they had formerly rejected this site because they had felt since it was mostly residential, it would be more conducive to a type of business with less traffic conjestion. Councilman Palmer made a motion that this ordinance go to Council as favorable, as amended. Seconded by Councilman Craven. Motion carried. REGULAR MEETING JUNE 14, 1971 COMMITTEE OF THE WHOLE MEETING (Continued) nRI)TNANCE AN ORDINANCE AMENDING CHAPTER 40, SECTION 40-14-OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1963, ALSO KNOWN AS ORDINANCE NO. 3702 AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (N.E.Corner Cherry & Napier Sts.) This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard thereon. Mr. Douglas_Carpenter, Senior Plan- ner, Area Plan Commission, stated that the change of zoning was necessary for the expansion of the South Bend Range Company who intend to add on to their loading and storage area. Councilman Laven made a motion`to pass this ordinance to Council as favorable, subject to site plan attached hereto, seconded by Councilman Allen. Motion carried. Councilman Szymkowiak made a motion that ordinance go to Council as favorable, as amended, seconded by Councilman Craven. Motion carried. 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, SECTIONS 40 -1 TO SECTIONS 40 -43, AS AMENDED, TO THE EX- TENT IT IS STILL EFFECTIVE (3000 E.Jefferson Blvd.) This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard thereon. Attorney Douglas Seeley representing Ralph and Wanda Williams owners of the Park Jefferson Apartments, said that this rezoning was requested in order to build an enclosed swimming pool for year -round use and to build various small services to be used strictly for the tenants. Councilman Allen made a motion, seconded by Councilman Szymkowiak, that the ordinance go to Council as favorable. Motion carried. ORDINANCE 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 ACCOMPANY- ING MAP THERETO, GENERALLY KNOWN AS THE SOUTH BEND ZONING ORDINANCE BY CHANGING THE CLASSIFICATION OF THE USE DISTRICT FOR A CERTAIN PARCEL OF LAND (So. /Ireland, W /Miami, N /Jackson Hi, E /US 31 This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard thereon. Mr. Carpenter stated that since this area was annexed approximately 180 days ago, it was now necessary that it be rezoned. Councilman Laven made a motion, seconded by Councilman Wise, that this ordinance go to Council as favorable. Motion carried. ORDINANCE AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA - 1962 SECTION 40 AS AMENDED AND GENERAL ORDINANCE N -). 4990 -68, AND THE ACCOMPANY- ING MAP THERETO, GENERALLY KNOWN AS THE SOUTH BEND ZONING ORDINANCE BY CHANGING THE CLASSIFICATION OF THE USE DISTRICT FOR A CERTAIN PARCEL OF LAND. (K -Mart - Brite -Way Area) This being the time heretofore set for public hearing on the opponents were given an opportunity to be heard thereon. Mr. was annexed approximately 180 days ago and was required to be Councilman Laven made a motion, seconded by Councilman Wise, as favorable. Motion carried. ORDINANCE above ordinance, proponents and Carpenter said that this area rezoned within the 180 days. that this ordinance go to Council AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION TO ACCOUNT K -223, "HEAT ", IN THE AMOUNT OF $5,000.00, AND THE TRANS- FER OF SAME FROM ACCOUNT E -11, "SERVICES PERSONAL ", BOTH ACCOUNTS BEING WITHIN THE GENERAL FUND (Trans.Funds - Morris Civic Aud.) This being the time heretofore set for public bearing on the above ordinance, proponents and opponents were given an opportunity to be heard thereon. Mr. James Bickel, City. Controller, stated that the additional funds were needed because of the increased rates for the steam heat in the Morris Civic Auditorium. Councilman Allen made a motion, seconded by Councilman Reinke, that the ordinance go to Council as favorable. Motion carried. Pass) 1 REGULAR MEETING JUNE 14, 1971 COMMITTEE OF THE WHOLE MEETING (Continued) ORDINANCE AN ORDINANCE TO APPROPRIATE $290,850.00 FROM THE LOCAL ROAD AND STREET FUND TO THE ACCOUNT "SER- VICES CONTRACTUAL" WITHIN THE LOCAL ROAD AND STREET FUND This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard thereon. City Engineer Lloyd Taylor stated the appropriation is required for approved projects of engineering and construction of im- provements to local roads and streets. Councilman Szymkowiak made a motion, seconded by Councilman Palmer, that the ordinance go to Council as favorable. Motion carried. There being no further business to be considered before the Committee of the Whole, Chairman Grounds entertained a motion to rise and report to the Council. Councilman Craven so moved, seconded by Councilman Allen. Motion carried. Time: 11:00 P M. ATTEST: APPROVED: CI Y CLERK Councilman Grounds made a motion for Motion carried. REGULAR MEETING - RECONVENED Z. CHAIRMAN a short recess, seconded by Councilman Laven. 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, June 14, 1971 at 11 :10 P. M. The meeting was called to order by Council President Robert 0. 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 respg--tfully report that they have inspected the minutes of the May 24, 1971, Special Meeting of May 25, 1971, Special Meeting of June 3, 1971, and the Annexation Committee Meeting of June 7, 1971, 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 reports were accepted as read and placed on file. CITIZENS REQUESTS - MISCELLANEOUS MATTERS Council President Laven stated that due to the very long length of the evening's agenda, we would dispense with this portion of the meeting. Miss Guthrie spoke again of the bi- monthly billings costs. REPORT FROM ANNEXATION COMMITTEE Council President Laven entertained a motion to waive the reading of the reports of the An- nexation Committee.. Councilman Allen so moved, seconded by Councilman Craven. Motion carried unanimously. The following are the Annexation Committee reports: Re: North of Edison Road and West of Rosemary Lane, Re: Bounded by Liberty Highway (Ind. ##23), South Olive Street, West Ewing Ave, and Kaley St., Re: Greenbrook Estates Mobile Home Park on Mayflower Road, and Re: Kensington Farms Subdivision, Section 3, Part 2. The Annexation Committee recommended passage of these ordinances by the Council on June 14. 1971. Report from the Sewers and Drains Committee specified that Section 1 read 120°/. Also, that the third reading and Public Hearing on this ordinance be held on June 28, 1971. REPORT OF THE COMMITTEE OF THE WHOLE Council President Laven entertained a motion to waive the reading of the report of the Com- mittee of the Whole. Councilman Reinke so moved, seconded by Councilman Grounds. Motion carried unanimously. REGULAR MEETING JUNE 14, 1971 ORDINANCES, THIRD READING ORDINANCE NO. 5308 -71 AN ORDINANCE ANNEXING TERRITORY TO THE MUNICIPAL CITY OF SOUTH BEND, INDIANA, GENERALLY DESCRIBED AS LYING NORTH OF EDISON ROAD AND WEST OF ROSEMARY LANE The ordinance was given third reading. Councilman Grounds made a motion for passage of this ordinance, seconded by Councilman Reinke. There being no discussion on the motion, the ordi- nance was passed by a roll call vote of 6 ayes (Councilmen Laven, Allen, Craven, Reinke, Grounds and Palmer) 2 nays (Councilmen Szymkowiak and Wise) 1 absent (Councilman Zielinski) ORDINANCE NO. 5309 -71 AN ORDINANCE ANNEXING TERRITORY TO THE MUNICIPAL CITY OF SOUTH BEND, INDIANA, GENERALLY DESCRIBED AS BEING BOUNDED BY LIBERTY HIGHWAY (IND. #23), SOUTH OLIVE STREET, WEST EWING AVENUE AND KALEY STREET. The ordinance was given third reading. Councilman Reinke made a motion for�assage of the ordinance, seconded by Councilman Grounds. There being no discussion on the motion, the ordinance was passed by a roll call vote of 7 ayes (Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak and Palmer. 1 nay (Councilman Wise) 1 absent (Councilman Zielinski) ORDINANCE NO. 5310 -71 AN ORDINANCE ANNEXING TERRITORY TO THE MUNICIPAL CITY OF SOUTH BEND, INDIANA, GENERALLY DESCRIBED AS KENSING- TON FARMS SUBDIVISION, SECTION 3, PART 2, AND OTHER LANDS The ordinance was given third reading. Councilman Reinke made a motion for passage of the ordinance, seconded by Councilman Palmer. There being no discussion on the motion, the ordinance was passed by a roll call vote of 8 ayes (Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Wise and Palmer )Onays absent (Councilman Zielinski) ORDINANCE NO. 5311 -71 AN ORDINANCE ANNEXING TERRITORY TO THE MUNICIPAL CITY OF SOUTH BEND, INDIANA, GENERALLY KNOWN AS GREENBROOK ESTATES MOBILE HOMEPARK ON MAYFLOWER ROAD The ordinance was given third reading. Councilman Grounds made a motion for passage of the ordinance, seconded by Councilman Craven. There being no discussion on tlm ct on, the ordi- nance was passed by a roll call vote of 8 ayes (Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Wise and Palmer) l absent (Councilman Zielinski) ORDINANCE NO. 5299 -71 AN ORDINANCE AMENDING ORDINANCE NO. 3964 ENTITLED "AN ORDINANCE FIXING THE SCHEDULE OF RATES AND CHARGES TO BE COLLECTED BY THE CITY OF SOUTH BEND, INDIANA, FROM THE OWNERS OF PROPERTY SERVED BY THE SEWAGE DISPOSAL WORKS OF SAID CITY, AND OTHER MATTERS CONNECTED THEREWITH ", PASSED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA ON FEBRUARY 24, 1954, AS AMENDED BY AN ORDINANCE NO. 4844 PASSED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA ON APRIL 25, 1966, AS AMENDED. The ordinance was given third reading. Councilman Craven made a motion for the adoption of the amendment, seconded by Councilman Grounds. Motion carried. Councilman Craven made a motion for passage of the ordinance as amended by substitution, seconded by Councilman Grounds. The ordinance was passed by a roll call vote of 8 ayes (Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Wise and Palmer) 0 nays, 1 absent (Councilman Zielinski) ORDINANCE NO. 5300 -71 AN ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SEWERS AND DRAINS, PRIVATE SEWAGE DISPOSAL, THE INSTAL- LATION AND CONNECTION OF BUILDING SEWERS, AND THE DIS- CHARGE OF WATERS AND WASTES INTO THE PUBLIC SEWER SYSTEM(S): AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF: IN THE CITY OF SOUTH BEND, COUNTY OF ST.JOSEPH, STATE OF INDIANA, AS AMENDED The ordinance was-given third reading. Councilman Allen made a motion for the adoption of the amendment, seconded by Councilman Craven. Motion carried. Councilman Allen made a motion for passage of the ordinance as amended, seconded by Councilman Craven. The ordinance was passed by a roll call vote of 8 ayes (Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Wise and Palmer) 0 nays, 1 absent (Councilman Zielinski) - R 3 REGULAR MEETING JUNE 14, 1971 ORDINANCES, THIRD READING (Continued) ORDINANCE NO. 5301 -71 AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO. 4990 -68 CHAPTER 40 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, FORMERLY REFERRED TO AS ZONING ORDINANCE NO. 3702, AS AMENDED. The ordinance was given third reading. (3525 South Michigan Street) Councilman Grounds made a motion, seconded by Council Reinke, for the adoption of the amendment.. Mrnf-i -on 'carried' * Councilman O ar s .�de ;&_ emotion for passage of the ordinance as amended, seconded'by Councilman Reinke, 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, Wise and Palmer) 0 nays 1 absent (Councilman Zielinski) ORDINANCE NO. 5302 -71 AN ORDINANCE AMENDING CHAPTER 40, SECTION 40 -14 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1963, ALSO KNOWN AS ORDINANCE NO. 3702 AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED. The ordinance was given third reading. (N.E.Corner Cherry & Napier Sts.) Councilman Reinke made a motion, seconded by Councilman Craven, for the adoption of the amendment. Motion carried. Councilman Allen made a motion for passage of the ordinance, as amended, seconded by Councilman Reinke. There being no discussion on the motion, the ordinance was passed by a roll call vote of 8 ayes (Councilmen Laven, Allen,Craven, Reinke, Grounds, Szymkowiak, Wise and Palmer) 0 nays 1 absent (Councilman Zielinski) ORDINANCE NO. 5303 -71 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 THE SOUTH BEND, INDIANA, SECTIONS 40 -1 TO SECTIONS 40 -43, AS AMENDED, TO THE EXTENT IT IS STILL EFFECTIVE (3000 East Jefferson Blvd.) The ordinance was given third reading. Councilman Grounds made a motion for passage of the ordinance, seconded by Councilman Reinke. There being no discussion on the ordinance, it was passed by a roll call vote of 8 ayes (Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Wise and Palmer) 0 nays 1 absent (Councilman Zielinski) ORDINANCE NO. 5304 -71 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 ORDI- NANCE BY CHANGING THE CLASSIFICATION OF THE USE DISTRICT FOR A CERTAIN PARCEL OF LAND (South of Ireland Rd., West of Miami Rd., North of Jackson High & East of US 31 By -Pass) The ordinance was given third reading. Councilman Allen made a motion for passage of the ordinance, seconded by Councilman Palmer. There being no discussion on the ordinance, it was passed by a roll call vote of 8 ayes ( Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Wise and Palmer) 0 nays 1 absent (Councilman Zielinski) ORDINANCE NO. 5305 -71 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 ORDI- NANCE BY CHANGING THE CLASSIFICATION OF THE USE DISTRICT FOR A CERTAIN PARCEL OF LAND (K -Mart - Brite -Way Area) The ordinance was given third reading. Councilman Grounds made a motion Zr passage of the ordinance, seconded by Councilman Craven. There being no discussion on the ordinance, it was passed by a roll call vote of 8 ayes (Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Wise and Palmer) 0 nays 1 absent (Councilman Zielinski) ORDINANCE NO. 5306 -71 AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION TO ACCOUNT K -223, "HEAT ", IN THE AMOUNT OF $5,000.00, AND THE TRANS- FER OF SAME FROM ACCOUNT E -11, "SERVICES PERSONAL ", BOTH ACCOUNTS BEING WITHIN THE GENERAL FUND (Trans. Funds - Morris Civic Aud.) The ordinance was given third reading. Councilman Reinke made a motion for passage of the ordinance, seconded by Councilman Allen. There being no discussion on the ordinance, it was passed by a roll call vote of 8 ayes (Councilmen Allen, Laven, Craven, Reinke, Grounds, Szymkowiak, Wise and Palmer) 0 nays 1 absent (Councilman Zielinski) REGULAR MEETING JUNE 14, 1971 ORDINANCES, THIRD READING (Continued) ORDINANCE NO. 5307 -71 AN ORDINANCE TO APPROPRIATE $290,850.00 FROM THE LOCAL ROAD AND STREET FUND TO THE ACCOUNT "SERVICES CONTRACTUAL" WITHIN THE LOCAL ROAD AND STREET FUND The ordinance was given third reading. Councilman Craven made a motion for passage of the ordinance, seconded by Councilman Szymkowiak. There being no discussion on the motion, the ordinance was passed by a roll call vote of 8 ayes (Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Wise and Palmer) 0 nays 1 absent (Councilman Zielinski) ORDINANCES, FIRST AND SECOND READING AN ORDINANCE PROHIBITING USE OF PORTIONS OF COLUMBIA COURT BY MOTOR VEHICLES The ordinance was given first reading by title and second reading in full. Councilman . Craven made a motion, seconded by Councilman Grounds, that the ordinance be set for public hearing on June 28, 1971. Motion carried. 8 ayes 0 nays 1 absent (Councilman Zielinski) NEW BUSINESS Councilman Allen requested that the city Clerk write a letter to the St. Joseph County Commissioners in regards to installing a strip on the steps in the Council Chambers as a safety device to prevent accidents. Council President Laven requested the City Clerk to write a letter to the St. Joseph County Council to thank the members for their support to the Michiana Area Council of Governments. There being no further business to come before the Council, Councilman Wise moved for adjournment, seconded by Councilman Palmer. Time: 11;35 P. M. ATTEST APPROVED: PRESIDENT