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HomeMy WebLinkAbout11-23-64 Council Meeting Minutes5 MINUTE RECESS - 9:17 P.M. RECONVENED MEETING - 9 :33 P.M. _REGULAR MEETING NOVEMBER 23 1964 Be it remembered that the Common Council of the City of South Bend, Indiana, met in Regular Session in the Council Chambers in the City Hall on Monday, November 23, 1964, at 9 :33 P.M., with all members present. The meeting was called to order by President John L. Hunter Jr., who presided. ROLL CALL PRESENT: Councilman Hunter, Allen, Palmer, Wise, Geib, Szymkowiak, Glass, Smith 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/ John L. Hunter Jr. ) if Chester Muszynski ) Committee Meeting of November 9, 1964. " Waiter G. Glass ) Councilman Glass made a motion that the report be accepted and placed on file. Councilman Szymkowiak seconded the motion. Motion carried. PETITION Petition of Oden R. and Martha E. Robertson to rezone property at 3401 Lincoln Way West from "A" Residential Use District and "A" Height and Area District to "C" Commercial Use District and "A" Height and Area District. Councilman Szymkowiak made a motion that the petition be referred to the City Planning Commission. Councilman Glass seconded the motion. Motion carried. REPORT OF URBAN REDEVELOPMENT & HOUSING COMMITTEE To the Common Council of the City of South Bend: Your Committee on Urban Renewal and Housing to whom was referred the problems besetting LaSalle Park. Respectfully report that they have examined the matter and that in the opinion of a majority by a 4 to 3 vote the resolution for LaSalle Park should be reported to the council as a favorable plan for the area. Is/ John Van Wise Vice Chairman Councilman Glass made a motion that the report be accepted and placed on file. Councilman Szymkowiak seconded the motion. Motion carried. REPORT OF URBAN REDEVELOPMENT & HOUSING COMMITTEE To the Common Council of the City of South Bend: Your Committee on Urban _Renewal and Housing to whom was referred the problems besetting LaSalle Park. Respectfully report that they have examined the matter and that in the opinion of the minority Problems in this area could be resolved by progressively improving the area from west to east by construdtion of the necessary sewers, sidewalks and streets in proportion to that being accomplished in other areas of the city to create proper incentive for one's social responsibility to the community, which is needed city -wide. To base an urban renewal program on facts which are city -wide is setting a precedent which could force our city into bankruptcy. In addition, we have been assured that by strict enforcement of substandard codes in the area, and where credit ratings permit, local financing is anxious to participate in a self -help program by appropriate means. Therefore, the resolution for a.planning and survey application for a General Neighborhood Renewal Plan in our opinion is unwarranted and, without there being any attempt to fool the public, is merely an easy way, not the best way, to solve the problem. In conclusion, it cannot be too strongly urged that the council, by endorsing the aforesaid plan, are subjecting ourselves to a demand for more public housing. This demand will be based upon a need to relocate relief and welfare recipients. These same people are problematical applicants, because of their low income, for public housing. Thus, while we face an immediate problem in LaSalle Park, we can expect to face the same problem again in a few years in another area, in that the relief and welfare recipients will be located in another section of our city and not in the housing to be constructed in LaSalle Park. /s/ Richard G. Geib, Chairman it John L. Hunter Jr. It Edwin Thomas Smith Councilman Smith made a motion that the report be accepted and placed on file. Councilman Geib seconded the motion. Motion carried. RESOLUTION NO. 85 - -64 RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE UNDERTAKING OF SURVEYS AND PLANS FOR AN URBAN RENEWAL PROJECT AND THE FILING OF AN APPLICATION. WHEREAS, under Title I of the Housing Act of 1949, as amended (herein referred to as "Title I"), the Housing and Home Finance Administrator is authorized to extend financial assistance to Local Public Agencies in the elimination and prevention of the spread of slums and urban blight through the planning and undertaking of urban renewal projects; and (Continued) REGULAR MEETING 1VUVxrlts�x c3, iyv+ RESOLUTION NO. 85 - -64 (Continued) WHEREAS, it is desirable and in the public interest that the City of South Bend Department of Redevelopment make surveys and prepare plans, presently:..estimated to cost approximately One Hundred Twenty -Two Thousand, Eight Hundred Dollars ($122,800) in order to undertake and carry out an urban renewal project of the character contemplated by Section 110(c) of Title I, in that area proposed as an Urban Renewal Area, situated in the City of South Bend-,,County of St. Joseph, and the State of Indiana, which is described-as follows: Beginning at a point on the north right -of -way line of Linden Avenue which point is the intersection of said right -of -way line and a line which is an extension of the west right -of -way line of the alley between the parallel to Sheridan Avenue and Chicago Street proceed east along the north right -of -way line of Linden Avenue to a point 130 feet, more or less, east of the east right -of -way line of Falcon Street; thence south along a line which is 130 feet, more or less, east of and parallel to the east right -of -way line of Falcon Street, a distance of 400 feet, more or less; thence at right angles in a westerly direction a distance of 130 feet, more or less, to the east right -of -way line of Falcon Street; thence south along said right -of -way line a distance of 430 feet, more or less; thence east at right angles to Falcon Street a distance of 150 feet, more or less; thence south along a line parallel to and 150 feet east of Falcon Street, a distance of 150 feet, more or less; thence east at right angles along a line parallel to Washington Street a distance of 180 feet, more or less, to the east right -of -way line of Lake Street; thence south along said right -of -way line a distance of 60 feet, more or less; thence east at right angles along a line parallel to Washington Street a distance of 800 feet, more or less; thence south along a line parallel to and 150 feet east of the east right -of -way line of Kentucky Street to the north right -of -way line of Washington Street; thence east along said right -of -way line of Washington Street to the west right -of -way line of the first alley west of and parallel to Kaley Street; thence north along said alley right -of -way line to the south right -of -way line of the New York Central Railroad; thence southeasterly along said right -of -way line to the east right -of -way line of the first alley east of and parallel to Meade Street; thence south along said alley right -of -way line to the south side of the first alley north of Western Avenue; thence westerly on said alley to the west right -of -way line of the alley between and parallel to Sheridan Avenue and Chicago Street; thence north along said alley right -of -way line to the north right -of -way line of Linden Avenue, which is the place of beginning. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana: 1. That the proposed Urban Renewal Area described above is a slum, blighted, deteriorated, or deteriorating area appropriate for an urban renewal project and that the undertaking by the City of South Bend Department of Redevelopment of surveys and plans for an urban renewal project of the character contemplated by Section 110(c) of Title I in the proposed Urban Renewal Area is hereby approved. 2. Thatthe financial assistance available under Title I is needed to enable the City of South Bend Depart- ment of Redevelopment to finance the planning and undertaking of the proposed Project. 3. That it is cognizant of the conditions that are imposed in the undertaking and carrying out of urban renewal projects with Federal financial assistance under Title I, including those relating to (a) the relocation of site occupants; (b) the provision of local grants -in -aid; (c) the prohibition of discrimination because of race, color, creed, or national origin with respect to housing, facilities related to residential use, and all public facilities within a project area; public facilities proposed as noncash local grants -in -aid; and employ- ment; and (d) the requirement that the locality present to the Housing and Home Finance Administrator, as a prerequisite to approval of the application described below, a workable program for community improvement, as set forth in Section 101(c) of Title I, for utilizing appropriate public and private resources to eliminate and prevent the development or spread of slums and urban blight.. 4. That it is the sense of this body (a) that a feasible method for the relocation:of families displaced from the urban renewal area, inconformity with Title I, can be prepared, and (b) that the local grants -in -aid can and will be provided in an amount which will be not less than one -third of the Net Project Cost of the Project and which, together with the Federal capital grant, will be generally equal to the difference between Gross Project Cost and the proceeds or value of project land sold, or retained for use in accordance with the urban renewal plan. 5. That the filing of an application by the*City of South Bend Department of Redevelopment an advance of, funds from the United States of America.. to enable it to defray the cost of the surveys and plans for an urban renewal project in the proposed Urban Renewal Area described above is herey approved. /s/ Walter G. Glass Member of the Common Council (SEAL) ATTEST: Kathryn L. Blough /s/ City Clerk The.Resolution: was read by the Clerk. Those heard were Virginia Guthrie, Executive Secretary of the South Bend Civic Planning Association; Carl W. Nowak, Executive Director of the Redevelopment Department, and T. Brooks Brademas, head of City Planning Associations, Inc. ' Councilman Muszynski made a motion for the adoption of the Resolution. Councilman Szymkowiak seconded the motion. Motion carried by a roll call vote of 5 ayes (Councilmen Allen, Wise, Szymkowiak, Glass and Muszynski), 4 nays (Councilmen Hunter, Palmer, Geib and Smith). REGULAR MEETING NOVEMBER 23 1964 REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: November 23, 1964 Your Committee of the Whole to whom was referred "AN ORDINANCE APPROPRIATING AN ADDITIONAL $1,200.00 FROM THE GENERAL FUND TO THE BUILDING DEMOLITION, REPAIR AND CONTINGENCY FUND ". Respectfully report that they have examined the matter and that in their opinion this ordinance go to the Council as favorable. /s/ Edwin Thomas Smith, Chairman Councilman Geib made a motion that the report be accepted and placed on file. Councilman Smith seconded the motion. Motion carried. REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: November 23, 1964 Your Committee of the Whole to whom was referred "AN ORDINANCE APPROPRIATING $1,044.09 FROM THE STREET AND TRAFFIC FUND TO ACCOUNT S -252 DESIGNATED AS REPAIRS OF EQUIPMENT ". Respectfully report that they have examined the matter and that in their opinion this ordinance go to the Council as favorable. /s/ Edwin Thomas Smith, Chairman Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Glass seconded the motion. Motion carried. REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: November 23, 1964 Your Committee of the Whole to whom was referred "AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS FROM THE GENERAL FUND TO THE 1963 CITY ELECTION BUDGET ACCOUNT IN THE AMOUNT OF $11,908.56 ". Respectfully report that they have examined the matter and that in their opinion this ordinance go to the Council as favorable. /s/ Edwin Thomas Smith, Chairman Councilman Muszynski made a motion that the rep6rt be accepted -and placed on file. Councilman Szymkowiak seconded the motion. Motion carried. REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: November 23, 1964 Your Committee of the Whole to whom was referred "AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION FROM THE GENERAL FUND TO THE POSTAGE ACCOUNT OF THE OFFICE OF CITY CLERK IN THE AMOUNT OF $600.00 ". Respectfully report that they have examined the matter.and that in their opinion this ordinance go to the Council as favorable. /s/ Edwin Thomas Smith, Chairman Councilman Glass made a motion that the report'be accepted and placed on file. Councilman Palmer seconded the motion. Motion carried. REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: November 23, 1964 Your Committee of the Whole to whom was referred "AN ORDINANCE PERTAINING TO THE SANITATION OF FOOD AND BEVERAGE VENDING, TO LICENSES AND PERMITS APPLICABLE THERETO, ESTABLISHING MINIMUM SANITATION STANDARDS, AND DEFINING TERMS AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, AS AMENDED ". Respectfully report that they have examined the matter and that in their opinion this ordinance go to the Council- as favorable. /s/ Edwin Thomas Smith, Chairman Councilman Allen made a motion that the report be accepted and placed on file. Councilman Geib seconded the motion. Motion carried. REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: November 23, 1964 Your Committee of the Whole to whom was referred "AN ORDINANCE PERTAINING TO STREET SNOW REMOVAL,AND REGULATING TRAFFIC, PARKING AND OTHER CONDUCT DURING PERIODS OF SNOW REMOVAL CONDITIONS, PROVIDING FOR THE REMOVAL OF VEHICLES AND PROVIDING FOR PENALTIES, AS AMENDED ". Respectfully report that they have examined the matter and that in their opinion this ordinance go to the Council as favorable. /s/ Edwin Thomas Smith, Chairman Councilman Glass mode a motion that the report be accepted and placed on file. Councilman Wise seconded the motion. Motion carried. REGULAR MEETING NOVEMBER 23 1964 REPORT OF CITY PLANNING - :COMMISSION November 17, 1964 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 being bounded on the East by Meade Street, on the South by Prast Blvd., on the West by the 1st north -south alley East of Bendix Drive, and on the North by Bonds Avenue and Green Street was legally advertised under date of October 26, 1964 and given public hearing on November 5, 1964. The following action was taken: After due consideration the Commission found that the predominant use in the subject area is single family residential. It was therefore duly moved, seconded, and unanimously carried that the petition be recommended favorably to the Common Council. Very truly yours, CITY PLANNING. COMMISSION Robert L. Huff cf /s/ Director of Planning RLH /cf�� attach. Councilman Glass made a motion that the report be accepted and placed on file. Councilman Geib seconded the motion. Motion carried. REPORT OF CITY PLANNING COMMISSION November 17, 1964 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 being bounded on the East by Meade Street, on the West by the lst north -south alley East of Bendix Drive, on the North by Prast Blvd., and on the South by Westmore Street was legally advertised under date of October 26, 1964 and given public hearing on November 5, 1964. The following action was taken: After due consideration the Commission found that the proposed zoning was in the best interest of the subject area. It was therefore duly moved, seconded, and unanimously carried that the petition be recommended favorably to the Council. Very truly yours, CITY PLANNING COMMISSION Robert L. Huff cf /s/ Director of Planning RLH /cf attach. Councilman Geib made a motion that the report be accepted and placed on file. Councilman Glass seconded the motion. Motion carried. REPORT OF CITY PLANNING COMMISSION November 19, 1964 The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: The attached petition of Louis and Blanche Gruszynski to rezone from "A" Residential Use and "A" Height and Area District to "B" Residential Use and "B" Height and Area District the property generally described as the South- west corner of Keller Street and Bendix Drive was legally advertised under date of October 26, 1964 and given public hearing on November 5, 1964. The following action was taken: After due consideration the Commission found that the requested zoning would be in the best interest of the subject area. It was therefore duly moved, seconded, and unanimously carried that the petition be recommended favorably to the Council. Very truly yours, CITY PLANNING COMMISSION Robert L. Huff, ' /s/ Director of Planning RLH /cf attach. Councilman Szymkowiak made a motion that the report be accepted and placed on file. Councilman Wise seconded the motion. Motion carried. REGULAR MEETING NOVEMBER 23, 1964 ORDINANCE NO. 4709 - -64 AN ORDINANCE APPROPRIATING AN ADDITIONAL $1,200.00 FROM THE GENERAL FUND TO THE BUILDING DEMOLITION, REPAIR AND CONTINGENCY FUND. The ordinance was given third reading and passed by a roll call vote of 9 ayes - 0 nays. ORDINANCE NO. 4710 - -64 AN ORDINANCE APPROPRIATING $1,044.09 FROM THE STREET AND TRAFFIC FUND TO ACCOUNT S -252 DESIGNATED AS REPAIRS OF EQUIPMENT. The ordinance was given third reading and passed by a roll call vote of 9 ayes - 0 nays. ORDINANCE NO. 4711 - -64 AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS FROM THE GENERAL FUND TO THE 1963 CITY ELECTION BUDGET ACCOUNT IN THE AMOUNT OF $11,908.56. The ordinance was given third reading and passed by a roll call vote of 9 ayes - 0 nays. ORDINANCE NO. 4712 - -64 AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION FROM THE GENERAL FUND TO THE POSTAGE ACCOUNT OF THE OFFICE OF CITY CLERK IN THE AMOUNT OF $600.00. The ordinance was given third reading and passed by a roll call vote of 9 ayes - 0 nays. ORDINANCE NO. 4713 - -64 AN ORDINANCE PERTAINING TO THE SANITATION OF FOOD AND BEVERAGE VENDING, TO LICENSES AND PERMITS APPLICABLE THERETO, ESTABLISHING MINIMUM SANITATION STANDARDS, AND DEFINING TERMS AND REPEALING ALL ORDINANCES IN CONFLICT-'HEREWITH, AS AMENDED. Councilman Allen made a motion to amend the sixth line of Article VI, Section XIV, by deleting the word "and" and substituting the word "hereafter "; on the seventh line by deleting'f�e word "therein" and substituting'the : wdrd "herein ". Councilman Smith seconded the motion. Motion carried. The ordinance, as amended, was given third reading and passed by a roll call vote of 8 ayes (Councilmen Hunter, Allen, Palmer, Wise, Geib, Szymkowiak, Glass and Smith), 1 nay (Councilman Muszynski). ORDINANCE NO. 4714 = -64 AN ORDINANCE PERTAINING TO STREET SNOW REMOVAL, AND REGULATING TRAFFIC, PARKING AND OTHER CONDUCT DURING PERIODS OF SNOW REMOVAL CONDITIONS, PROVIDING FOR THE REMOVAL OF VEHICLES AND PROVIDING FOR PENALTIES, AS AMENDED. The ordinance, as amended, was given third reading and passed by a roll call vote of 7 ayes'(Councilmen Hunter, Allen, Palmer, Wise, Geib, Glass and Smith), 2 nays (Councilmen Szymkowiak and Muszynski). ORDINANCE. FIRST & SECOND READING AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 (Meade St., Prast Blvd., Bendix Drive, Bonds Ave. and Green St.) The ordinance was given first reading by title and second reading in full. Councilman Smith made a motion that the ordinance be set for public hearing on December 14, 1964. Councilman Szymkowiak seconded the motion. Motion carried. ORDINANCE, FIRST & SECOND READING AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 (Meade St., Bendix Drive, Prast Blvd, and Westmore St.) The ordinance was given first reading by title and second reading in full. Councilman Szymkowiak made a motion that the ordinance be set for public hearing on December 14, 1964. Councilman Geib seconded the motion. Motion carried. ORDINANCE, FIRST & SECOND READING AN ORDINANCE AMENDING ORDINANCE NO. 3702 ADOPTED BY THE COMMON COUNCIL OF THE CITY 'OF SOUTH BEND, INDIANA, ON THE 14TH -`DAY OF JUNE, 1949, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND. (Southwest corner of Keller St. and Bendix Drive) The ordinance was given first reading by title and second reading in::full. Councilman Glass made a motion for suspension of rules. Councilman Szymkowiak seconded the motion. After some discussion, Councilman Glass withdrew his motion and Councilman Szymkowiak withdrew his sec6nd-_ to the motion. Councilman Smith made a motion that the ordinance be set for public hearing on December 14, 1964. Councilman Smith seconded the motion. Motion carried. REQULLAR_M_ET_INIG 14, 1964— ORDINANCE, FIRST & SECOND READING AN ORDINANCE ESTABLISHING A SCHEDULE OF RATES AND CHARGES FOR SERVICES RENDERED BY THE WATER WORKS SYSTEM OF THE CITY OF SOUTH BEND TO AREAS OUTSIDE THE CORPORATE LIMITS AND REPEALING ORDINANCE NO. 4651, PASSED MAY 11, 1964 AND ENTITLED, "AN ORDINANCE ESTABLISHING A SCHEDULE OF RATES AND CHARGES FOR SERVICES RENDERED BY THE WATER WORKS SYSTEM OF THE CITY OF SOUTH BEND TO AREAS OUTSIDE THE SOUTH BEND CITY LIMITS. The ordinance was given first reading by title and second reading in full. Councilman Geib made a motion that the ordinance be set for public hearing on December 14, 1964. Councilman Smith seconded the motion. Motion carried. ORDINANCE, FIRST & SECOND READING AN ORDINANCE APPROPRIATING ONE THOUSAND TWO HUNDRED DOLLARS ($1,200.00) TO THE POLICE DEPARTMENT FOR THE PURCHASE OF RADAR EQUIPMENT TO BE A TRANSFER FROM ACCOUNT P11 INTO ACCOUNT P726, ALL BEING IN THE GENERAL FUND. The ordinance was given first reading by title and second reading in full. Councilman Geib made a motion that the ordinance be set for public hearing on December 14, 1964. Councilman Smith seconded the motion. Motion carried. ORDINANCE, FIRST & SECOND READING AN ORDINANCE APPROPRIATING TEN THOUSAND DOLLARS ($10,000.00) TO THE STREET DEPARTMENT FOR THE PURCHASE OF STREET AND ALLEY MATERIALS; SAID TEN THOUSAND DOLLARS ($10,000.00) TO BE A TRANSFER FROM ACCOUNT S12 INTO ACCOUNT S421, ALL BEING IN THE STREET AND TRAFFIC FUND. The ordinance was given first reading by title and second reading in full. Councilman Gelb made a motion that the ordinance be set for public hearing on December 14, 1964. Councilman Wise seconded the motion. Motion carried. RESOLUTION NO. 86 - -64 RESOLUTION FOR ADDITIONAL APPROPRIATIONS IN THE PARK GENERAL-FUND- - - - $1$00.00 AND THE TRANSFER OF THE SAME FROM ONE ACCOUNT TO ANOTHER IN THE SAME CATEGORY OF THE PARK 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 the Department of Public Parks to meet such extraordinary emergencies, and, WHEREAS, it has been ascertained that certain accounts in the Park General Fund have more money than is needed at this time. Section 1. That the following account be reduced in the amount set opposite said account: Acct. No. Classification 62 Current Obligations Item Amount Social Security $1,500.00 Section 2. That the following account be increased in the amount set opposite said account: Acct. No. Classification 64 Current Obligations Item Amount Hospital Insurance $1,500.00 NOW, THEREFORE, BE IT RESOLVED by the Common Council of South Bend that the sum of $1,500.00 be transferred from Account No. 62 to Account No. 64 as set out above in Sections 1 and 2 of this resolution. That the transfer of funds as set forth in Section 1 and 2 are required for the proper and efficient operation and function of the Department of Public Parks of South Bend, Indiana, and an extraordinary emergency is declared to exist concerning the foregoing transfer. /s/ ALBERT E. PALMER Member of the Common Council Councilman Glass made a motion for the adoption of ,the Resolution. Councilman Smith seconded the motion. Motion carried by a roll call vote of 9 ayes - 0 nays. UNFINISHED BUSINESS: Councilman Glass, Chairman of the Legislative Committee, read the following report to the Council on the Area Planning Commission: REPORT ON AREA PLANNING In conversations with Mayor Allen and County Commissioner Robert Ehler both have stated that the Area Planning Commission will go into effect January 1, 1965. They will have made their appointments by that time. Commissioner Ehler advises that St. Joseph County will assume all cost of operations of the City Planning Commission on January 1, 1965 and the Area Planning Commission will occupy the present offices of the City Planning Commission. (Continued) 1 f9 REGULAR MEETING NOVEMBER 23, 1964 UNFINISHED BUSINESS: REPORT ON AREA PLANNING (Continued) Sec. 94 of bulletin # 2 of Area Planning Legislation states that the City Planning Commission shall transfer their equipment and property to the Area Planning Department. Although both Mayor Allen and Commissioner Ehler states that the Area Planning will go into effect January 1, 1965. Sec. 93 of bulletin #2 of Area Planning states as follows; "where other acts confer authority upon a participating City or County, their Planning Commission shall continue to exercise that authority until such time as the Area Planning Commission and participating legislative body adopt a comprehensive plan and zoning ordinance" therefore there might be some question as to the date the Area Planning Commission will be effective. The City Council makes one appointment to the Area Planning Commission and in as much as the appointees from the City and County may have several meetings before January 1, 1965, I would suggest that this Council make its appointment at once., Councilman Geib made a motion that the report be accepted motion. Motion carried. Councilman Smith made a motion that Councilman Glass serve Planning Commission. Councilman Wise seconded the motion. NEST BUSINESS: Chairman of Legislative Committee /s/ Walter 6. Glass Walter G. Glass and placed on file. Councilman Smith seconded the as representative of the Council on the new Area Motion carried. Councilman Geib protested against the City's proposal to establish a sanitary landfill in his district. Stated he found out from a Tribune news that "now we have a garbage pit in my district." Councilman Geib then made a motion that the Council send a letter to Mayor Lloyd M. Allen to,ask why the site was seleeted and to complain of lack of communication between the City administration and the Council. Councilman Szymkowiak seconded the motion. Motion carried. The Council voted to invite the St. Joseph County Council of Churches to provide a clergyman to open each session of the Council with a prayer starting with the first meeting in 1965. Councilman Geib made a motion to dispense with the December 28th meeting of the Council. Councilman Palmer seconded the motion. Motion carried. There being no further business before the Council, Councilman Wise made a motion to adjourn. Councilman Glass seconded the motion. Motion carried and Council adjourned at 11:40 P.M. ATTEST: APPROVED: CLERK / PRESIDENT