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HomeMy WebLinkAbout11-12-63 Council Meeting MinutesREGULAR MEETING NOVEMBER 12, 1963 Be it remembered that the Common Council of the City of South Bend, Indiana, met in Regular Session in the Council Chambers on Tuesday, November 12, 1963, at 8:15 P.M., with all members present. The meeting was called to order by President Joseph T. Kroll, who presided. ROLL CALL PRESENT: Councilmen Kroll, Allen, Ladewski, Tellson, Coleman, Glass, Krueper, Lehman and Muszynski. ABSENT: None. REPORT OF 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 previous meeting of the Council and found them correct. They therefore recommend that the same be approved. /s/ Albert Tellson /s/ T. W. Lehman Committee /s/ Joseph T. Kroll South Bend, Ind., November 12, 1963 Minutes of Meeting of October 28, 1963 Councilman Lehman made a motion that the report be accepted and placed on file. Councilman Krueper seconded the motion. Motion carried. PETITION Petition to rezone lots 94, and 95 in Fordham Addition. Councilman Lehman made a motion that the petition be referred to the City Planning Commission. Councilman Glass s ed the motion. Motion carried. PETITION Petition to rezone lots 15, 16, 17 and 18 in Linden_ Place Addition. Councilman Ladewski made a motion that the petition be referred to the City Planning Commission. Councilman Lehman seconded the motion. Motion carried. PETITION Petition to rezone Lot 331 Coquillard Farm Plat. Councilman Lehman made a motion that the petition be referred to the City Planning Commission. Councilman Coleman seconded the motion. Motion carried. REPORT OF THE 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 IN THE POLICE DEPARTMENT $6,000.00, Respectfully report that they have examined the matter and that in their opinion it should be reported favorable. November 12, 1963 /s/ T. W. Lehman, Chairman Councilman Lehman made a motion that the report be accepted and placed on file. Councilman Muszynski seconded the motion. Motion carried. REPORT OF THE 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 IN THE STREET AND TRAFF FUND - $1,500.00, Respectfully report that they have examined the matter and that in their opinion IT SHOULD BE REPO ED FAVORABLE. /s /•T. W. Lehman, Chaiman November 12, 1963 Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Lehman seconded the motion. Motion carried. President Kroll requested a recess. Council recessed at 8:40 P.M. The Council reconvened at 9:05 P.M. ORDINANCE NO. 4612 - - -63 AN ORDINANCE PROVIDING AN ORDERLY PROCEDURE BY WHICH EMPLOYEES MAY BE HEARD CONCERNING BUDGET ITEMS WHICH EFFECT THEIR SALARIES AND WAGES AND BY WHICH EMPLOYEES MAY PRESENT GRIEVANCES WHICH RESULT FROM DIFFERENCES OF OPINION BETWEEN SUPERVISORS AND EMPLOYEES UPON WORKING CONDITIONS Councilman Muszynski made a motion to amend the Ordinance as follows: "Amend Title of Ordinance after last word (conditions), add (including arbitration PROCEDURES AND PROVISIONS FOR DEDUCTING FROM EMPLOYEES' WAGES FUNDS TO PAY ORGANIZATIONS OF EMPLOYEES.) "Under Section 1 in the 2nd and 3rd lines delete words (These acts provide a varying authority to employ persons and to regulate their working conditions.) "Under Section 2 in the 3rd line delete the word (counsel) and insert (any non - profit organization of employees) "In Section 2, line 5 and 6 delete the words (to his or her supervisor and to the ultimate employing authority.) and insert the words (arising out of the conditions of his employment or the discharge from his employment.) "Delete entire Section 3 and substitute the following as new Section 3: "Section 3. Employees of the City, its departments and commissions shall not be discharged without just cause. In the event an employee disagrees with the action resulting in his discharge, the employee shall be provided a hearing by the Mayor of the City by requesting such hearing within ten (10) days after notice of his discharge. The hearing shall be provided the employee by the Mayor within ten (10) days after the request has been made. In the event the Mayor concurs with the discharge of the employee, the employee may file a petition requesting arbitration by the State Labor Commissioner. A copy of the request for arbitration must be served upon the Mayor. The decision of the State Labor Commissioner shall be final.) 'Under Section 5, in the 3rd line delete the first word (counsel) and insert (non - profit organization of employees). " Councilman Tellson seconded the motion. Motion carried by a roll call vote of 6 ayes (Councilmen Kroll, Allen, Ladewski, Tellson, Lehman and Muszynski), 3 nays, (Councilmen Coleman, Glass and Krueper). The Clerk then read the Ordinance, as amended, for its third reading and it was passed by a roll call vote of 6 ayes, (Councilmen Kroll, Allen, Ladewski, Tellson, Lehman and Muszynski), 3 nays (Councilmen Coleman, Glass and Krueper). ORDINANCE NO. 4613 - - -63 AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS IN THE POLICE DEPARTMENT - $6,000.00 The Ordinance was given third reading and passed by a roll call vote of 9 ayes and 0 nays. ORDINANCE NO. 4614 - - -63 AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS IN THE STREET AND TRAFFIC FUND - $1,500.00 The Ordinance was given third reading and passed by a roll call vote of 9 ayes and 0 nays. REPORT OF THE CITY PLANNING COMMISSION November 8, 1963 The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: The attached 2etition of the City Planning Commission to rezone from "B" Residential Use and Existing Height and Area Districts to "A" Residential Use and "A" Height and Area District the property generally described as bounded on the east by Jacob Street, on the west by Eddy Street, on the north by the rear property line north of Campeau Street, and on the south by Sorin Street was legally advertised under date of October 28, 1963 and given public hearing on November 7, 1963. The following action was taken: After due consideration the Commission found that the predominant use is single- family residential and that in the subject area the zoning should reflect said use. It was therefore duly moved, seconded and unanimously carried that the petition be recommended favorably to the Council. Very truly yours, CITY PLANNING - COMMISSION /s/ Robert L. Huff Robert L. Huff, Director of Planning RLH /cf - -- attach CouncilmanLehman made a motion that the report be accepted and placed on file. Councilman Glass seconded the motion. Motion carried. REPORT OF THE CITY PLANNING COMMISSION November 8, 1963 The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: The attached petition of the City Planning Commission to rezone from "B " Residential Use and "A"" Height and Area District to "A" Residential Use and ' "A" Height and Area District the property generally described as bounded on the west by Mayflower Road, on the north by the rear property line north of Greenleaf Lane, and on the south by the rear property line south of Washington Avenue and legally advertised under date of October 28, 1963 and given public hear - ing under date of November 7, 1963. The following action was taken: After due consideration the Commission found the predominant use to be single family residential and that in the sub- ject matter the zoning should reflect the use. It was therefore duly moved, seconded, and unanimously carried that the petition be recommended favorably to the Council. Very truly yours, CITY PLANNING COMMISSION /s/ Robert L. Huff Robert L. Huff Director of Planning RLH /cf attach. Councilman Lehman made a motion that the report be accepted and placed on file. Councilman Ladewski seconded the motion. Motion carried. REPORT OF THE CITY PLANNING COMMISSION November 8, 1963 The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: The attached petition of the City Planning Commission to rezone from "B" Residential Use and "A"" Height and Area District to "A"" Residential Use and "Ai" Height and Area District the property generally described as bounded on the east by the rear property line east of Douglas Street, on the west by Webster Street, on the north by Donald Street, and on the south by Ewing Avenue was legally advertised under date of October 28, 1963, and given public hearing on November 7, 1963. The following action was taken: After due consideration the Commission found the predominant use to be single family residential and that in the subject matter the zoning should reflect the use. It was therefore duly moved, seconded and unanimously carried that the petition be recommendedfavorably to the Council. ... Very truly yours, CITY PLANNING COMMISSION /s /Robert L. Huff Robert L. Huff Director of Planning RLH /cf attach. Councilman Lehman made a motion that the report be accepted and placed on file. Councilman Ladewski seconded the motion. Motion carried. ORDINANCE NO. 4615 - - -63 AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 (Land bounded by Sorin, Campeau, Eddy and Jacob) The Ordinance was given first reading by title and second reading in full. Councilman Krueper made a motiom for sus- pension of rules. Councilman Allen seconded the motion. Motion carried by a roll call vote of 9 ayes, O nays. The Ordinance was then given third reading and passed by a roll call vote of 9 ayes and 0 nays. ORDINANCE NO. 4616 - - -63 AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 (Land bounded by Mayflower, Greenleaf Land, Washington and Summit Drive) The Ordinance was given first reading by title and second reading in full. Councilman Muszynski made a motion for suspension of rules. Councilman Ladewski seconded the motion. Motion carried by a roll call vote of 9 ayes, 0 nays. The Ordinance was then given third reading and passed by a roll call.vote of 9 ayes and 0 nays. ORDINANCE NO. 4617 - - -63 AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 (Land bounded by Douglas, Webster, Donald and Ewing). The Ordinance was given first reading by title and second reading in full. Councilman Muszynski made a motion for suspension of rules. Councilman Ladewski seconded the motion. Motion carried by a roll call vote of 9 ayes and . 0 nays. The Ordinance was then given third reading and passed by a roll call vote of 9 ayes and 0 nays. ORDINANCE, FIRST AND SECOND READING AN ORDINANCE PROHIBITING DISCRIMINATION IN REAL PROPERTY BECAUSE OF RACE, COLOR, NATIONAL ORIGIN, RELIGION OR ANCESTRY BY CERTAIN OWNERS, SELLERS, RENTERS, LESSORS, GRANTORS, LESSEES, GRANTEES, ASSIGNEES, MANAGING AGENTS, REAL ESTATE.BROKERS, REAL ESTATE SALESMEN, LENDERS, AND OTHERS, PROVIDING FOR THE RENAMING OF THE SOUTH BEND FAIR EMPLOY- MENT PRACTICE COMMISSION, PRESCRIBING ADDITIONAL DUTIES AND POWERS, AND PROVIDING PENALTIES The Ordinance was given first reading by title and second reading in full. Councilman Lehman made a motion that the Ordinance be referred to the Housing Committee of the Council. Councilman Krueper seconded the motion. Discuss followed. Councilman Lehman withdrew his motion. Councilman Krueper withdrew his second to the motion. Councilman Allen then moved that the Ordinance be set for public hearing on November 25, 1963. Councilman Coleman seconded the motion. Motion carried. RESOLUTION NO. 54 - - -63 RESOLUTION FOR ADDITIONAL APPROPRIATIONS IN THE GENERAL FUND, $400.00, AND THE TRANSFER OF SAME FROM ONE ACCOUNT TO ANOTHER IN THE SAME CATEGORY OF 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 appropriated in the annual budget for the various functions of City Government to meet such extraordinary emergencies; and WHEREAS, Account No. Q -221, described as Electric Current, in the General Fund, is depleted and the sum of Four Hundred ($400.00) Dollars is needed forthwith, and WHEREAS, under Account No. Q -222, described as Gas, under the General Fund, there is Four Hundred ($400.00) Dollars that will not be needed, NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, that the sum of Four Hundred ($400.00) Dollars be transferred from.Account No. Q -222, described as Gas, under the General Fund, to Account No. Q -221, described as Electric Current, under the General Fund. Action on this Resolution having been continued from the October 28, 1963 meeting of the Council, the Fire Chief, Alex Andrzejewski, explained the necessity for the transfer, Councilman Muszynski made a motion for adoption of the Resolution. Councilman Glass seconded the motion. Motion carried by a roll call vote of 9 ayes and 0 nays. RESOLUTION NO. 55 - - -63 RESOLUTION FOR ADDITIONAL APPROPRIATIONS IN THE GENERAL FUND, $500.00, AND THE TRANSFER OF SAME FROM ONE ACCOUNT TO ANOTHER IN THE SAME CATEGORY OF 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 appropriated in the annual budget for the various funct of City Government to meet such extraordinary emergencies; and WHEREAS, Account No. L -363, described as Office Supplies, in the General Fund is depleted and the sum of Five Hundred ($500.00) Dollars is needed forthwith, and WHEREAS, under Account No. L -321, described as Gasoline, under the General Fund, there is Three Hundred ($300.00) Dollars, that will not be needed,-and WHEREAS, under Account No. L -324, described as Other Garage and Motor Supplies, under the General Fund, there is Two Hundred ($200.00) Dollars, that will not be needed, NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, that the sum of Three Hundred ($300.00) Dollars, be transferred from Account No. L -321, described as Gasoline under the General Fund, to Account No. L -363, described as Office Supplies, under the General Fund; and BE IT FURTHER RESOLVED, that the sum of Two Hundred ($200.00) Dollars be transferred from Account No. L -324, described as Other Garage and Motor Supplies, under the General Fund, to Account No. L -363, described as Office Supplies, under the General Fund. Action on this Resolution having been continued from the October 28, 1963 meeting of the Council, the City'Engineer, Raymond Andrysiak, explained the necessity for the transfer. Councilman Lehman made a motion for adoption of-the Resolution. Councilman Muszynski seconded the motion. Motion carried.by a roll call vote of 9 ayes and 0 nays. RESOLUTION NO. 56 - - -63 RESOLUTION FOR ADDITIONAL APPROPRIATIONS IN THE GENERAL FUND, $3,110.00 AND THE TRANSFER OF SAME FROM ONE ACCOUNT TO ANOTHER IN THE SAME CATEGORY OF 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 appropriated in the annual budget for the various funct of City Government to meet such extraordinary emergencies; and WHEREAS, Account No. Q -13, described as Longevity, in the General Fund, is depleted and the sum of Three Thousan' One Hundred Ten ($3,110.00) Dollars is needed forthwith; and WHEREAS, under Account No. Q -11, described as Services Personal, under the General Fund, there is Three Thousan One Hundred Ten ($3,110.00) Dollars that will not be needed, NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, That the sum of Three Thousand One Hundred Ten ($3,110.00) Dollars be transferred from Account No. Q -11, described as Services Personal under the General Fund, to Account No. Q -13, described as Longevity, under the General Fund. The Fire Chief explained the necessity for the transfer. Councilman Muszynski made a motion for adoption of the Resolution. Councilman Glass seconded the motion. Motion carried by a roll call vote of 9 ayes and 0 nays. -- -------- - - - - -- UNFINISHED BUSINESS Councilman Tellson moved that the City Attorney prepare an Ordinance to amend the Parking Ordinance to allow for the removal of two (2) parking meters on South Main Street and two (2) parking meters on West Wayne Street in front of and at the side of the Public Library to allow for the loading and unloading of passengers. Councilman Muszynski seconded the motion. Motion carried. Councilman Tellson recommended that the Council commend Lewis Haber, the South Bend Tribune reporter assigned to the Council for his cooperation during the years he has reported on Council actions. The Council welcomed Marchmont Kovas who will replace Mr. Haber. The Clerk read the following communication: Mr. Chairman: I move that the Council take up the ordinances (3) for the rezoning of (a) Lots 2 and 3 of Lincoln Plaza (b) Lot 1 of Lincoln Plaza (c) Lots 19, 20 and 21 of Lincoln Plaza Addition to the City of South Bend, which ordinances were reported to the Council by the Committee of the Whole on July 22, 1963 and by the Council received at its regular meeting on said date. /s/ J. Chester Allen J. Chester Allen - Councilman -at -Large Councilman Allen moved that the above mentioned Ordinances be set for final action at the next meeting of the Council November 25, 1963. Councilman Ladewski seconded the motion. Motion carried. There being no further business to come before the Council, Councilman Muszynski made a motion to adjourn. Council- man Lehman seconded the motion. Motion carried and the Regular Meeting of the Common Council adjourned at 9:551P.M. ATTEST: CLERK APPROVED: 0 RESIDENT