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Home My WebLink About01-11-65 Council Committee of the Whole Meeting MinutesCOMMITTEE OF THE WHOLE MEETING JANUARY 11 1965 Be it remembered that the Common Council of the City of South Bend, Indiana, met in the Committee of the Whole in the Council Chambers in the City Hall on Monday, January 11, 1965, at 8:00 P.M., with all members present. The meeting was called to order by Councilman Edwin Thomas Smith, Chairman, who presided. Chairman Smith introduced the Reverend Stanley M. Dodgson of the First Baptist Church who gave the invocation. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 (Leer St., Miami St., Bowman St. and Ewing Ave.) This being the time heretofore set for public hearing on the above Ordinance, proponents and opponents were given an opportunity to be heard thereon. Councilman Glass made a motion that the ordinance go to the Council as favorable. Councilman Muszynski seconded the motion. Motion carried. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 (Eclipse Place, Bendix Drive, Lincoln Way West, Green St. & Bonds Ave.) This being the time heretofore set for public hearing on the above Ordinance, proponents and opponents were given an opportunity to be heard thereon. Councilman Szymkowiak made a motion that the ordinance go to the Council as favorable. Councilman Geib seconded the motion. Motion carried. ORDINANCE AN ORDINANCE REPEALING SECTIONS 16 TO 36, INCLUSIVE, OF CHAPTER 35 OF ORDINANCE NO. 4608 -63, BEING THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1962, RELATING TO EXCAVATIONS AND OBSTRUCTIONS IN STREETS, ALLEYS, AND PUBLIC PLACES AND SUBSTITUTING NEW SECTIONS IN LIEU OF THOSE REPEALED. This being the time heretofore set for public hearing on the above Ordinance, proponents and opponents were given an opportunity to be heard thereon. Speaking in favor of the ordinance was City Engineer Lloyd S. Taylor. Warren McGill, representing the Indiana & Michigan Electric Co.; Frederick Linl:,representing the Northern Indiana Public Service Company, and Joseph Fritsch, 2421 Erskine Blvd., a spokesman for plumbers and heating contractors, asked that action be delayed so that they may have time to study the ordinance. Councilman Hunter made a motion that the ordinance be referred to the Ordinance Committee for further study and the ordinance be continued for public hearing on January 25th, 1965. Councilman Muszynski seconded the motion. Motion carried. ORDINANCE AN ORDINANCE AMENDING CHAPTER 35, SECTION 5, OF ORDINANCE NO. 4608 -639 BEING THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1962, DESIGNATING AND CONSTITUTING THE VIOLATION OF SAID SECTION A MISDEMEANOR. This being the time heretofore set for public hearing on the, above Ordinance, proponents and opponents were given an opportunity to be heard thereon. Councilman Glass made a motion that the ordinance be referred to the Ordinance Committee for further study. Councilman Muszynski seconded the motion. Councilman Glass withdrew his motion and Councilman Muszynski withdrew his second to the motion. Opposing the proposed Ordinance were the following: Frank Kinyon, 418 E. Eckman St.; Virginia Guthrie, 315 N. Taylor St.; Kenneth Elliott, 533 Peashway; Barbara Steele, 1905 Randolph St.; Alvin Reeder, 917 Stanfield St.; and George Nicholas, 847 Garden Lane. Councilman Glass made a motion that the ordinance be referred to the Ordinance Committee for further study and that ordinance be reported back norlater than February 8th, 1965. Councilman Szymkowiak seconded the motion. Motion carried. ORDINANCE AN ORDINANCE APPROVING THE AWARDING OF A CONTRACT BETWEEN THE SOUTH BEND CITY WATER WORKS TO INTERNATIONAL BUSINESS MACHINES CORPORATION FOR THE PURCHASE OF TWO 6400 MAGNETIC COMPUTING ACCOUNTING MACHINES IN THE SUM OF $770790.00. This being the time heretofore set for public hearing on the above Ordinance, proponents and opponents were given an opportunity to be heard thereon. Speaking in favor of the proposed Ordinance was Water Works Superintendent Howard Goodhew. Councilman Glass made a motion that the ordinance go to the Council as favorable. Councilman Palmer seconded the motion. Motion carried. ORDINANCE AN ORDINANCE REGULATING THE PRESENCE OF MINORS UNDER THE FULL AGE OF EIGHTEEN (18) YEARS ON PUBLIC STREETS AND OTHER PUBLIC PLACES BETWEEN CERTAIN HOURS, WITH EXCEPTIONS. DEFINING RESPONSIBILITIES OF PARENTS OR GUARDIANS OR OTHER HAVING THE LEGAL CARE AND CUSTODY OF MINORS UNDER THE FULL AGE OF EIGHTEEN (18) YEARS AND PROVIDING FOR PENALTIES AND ARREST FOR VIOLATION THEREOF, DESCRIBING CERTAIN PROCEDURES IN THE APPREHENSION AND PROCESSING OF SUCH MINORS UNDER THE FULL AGE OF EIGHTEEN (18) YEARS AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. This being the time heretofore set for public hearing on the above Ordinance, proponents and opponents were given an opportunity to be heard thereon. Councilman Allen read a report from the Ordinance Committee. Speaking against the proposed Ordinance were the following: Richard Emery Jr., 1601 E. Colfax Ave., a spokesman representing the American Junior Statesman, read a two page Resolution urging the defeat of the bill; Douglas Germann, President of the American Junior Statesman; Kenneth Elliott, 533 Peashway; and Dan Dailey of 53383 Juniper Road. Speaking in favor of the ordinance were Lt. Neal Hans, Charge of Juvenile Bureau of South Bend Police Dept.; Robert Shirk, 330 So, Main St.; Chief of Police Irving Hampton; Virginia Guthrie, 315 N. Taylor St., and Howard Goodhew of 1709 Kessler Blvd. Councilman Geib made a motion that the ordinance be referred back to the Ordinance Committee for further study and the ordinance be continued for public hearing on January 25, 1965. Councilman Szymkowiak seconded the motion. Motion carried. 145 COMMITTEE OF THE WHOLE MEETING - JANUARY 11 196 5 5 MINUTE RECESS - 9:45 P.M. Councilman Glass made a motion for a five minute recess. Councilman Geib seconded the motion. Motion carried. RECONVENED MEETING - 10 :00 P.M. ORDINANCE AN ORDINANCE APPROVING, RATIFYING AND CONFIRMING A CERTAIN CONTRACT AND AGREEMENT MADE AND ENTERED INTO BY AND BETWEEN THE CITY OF SOUTH BEND, INDIANA, ACTING BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY, AND NORTHERN INDIANA TRANSIT, INC., ITS SUCCESSORS AND ASSIGNS, WHICH SAID CONTRACT RELATES TO THE RATES CHARGED FOR BUS TRANSPORTATION SERVICE UPON CERTAIN STREETS AND HIGHWAYS IN SAID CITY. This being the time heretofore set for public hearing on the above Ordinance, proponents and opponents were given an opportunity to be heard thereon. Speaking in favor of the proposed Ordinance was Nicholas P. Cholis, Attorney for the bus company, and Paren W. Anderson, Superintendent of the bus company. 5 MINUTE RECESS - 10 :30 P.M. Councilman Allen made a motion for a five minute recess. carried. RECONVENED MEETING - 10 :40 P.M. ORDINANCE Councilman Muszynski.- seconded the motion. Motion AN ORDINANCE APPROVING, RATIFYING AND CONFIRMING A CERTAIN CONTRACT AND AGREEMENT MADE AND ENTERED INTO BY AND BETWEEN THE CITY OF SOUTH BEND, INDIANA, ACTING BY AND THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY, AND NORTHERN INDIANA TRANSIT, INC., ITS SUCCESSORS AND ASSIGNS, WHICH SAID CONTRACT RELATES TO THE RATES CHARGED FOR BUS TRANSPORTATION SERVICE UPON CERTAIN STREETS AND HIGHWAYS IN SAID CITY. Councilman Hunter made a motion that the ordinance go to the Council as favorable. Councilman Muszynski seconded the motion. Motion carried. There being no further business before the Committee of the Whole, Councilman Glass made a motion to adjourn. Councilman Muszynski seconded the motion. Motion carried, and Committee of the Whole Meeting adjourned at 11:00 P.M. ATTEST: 'l CLERK APPROVED: