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HomeMy WebLinkAbout06-13-66 Council Meeting MinutesREGULAR MEETING JUNE 13, 1966 Be it remembered that the Common Council of the City of South Bend, Indiana, met in the Council Chambers of City Hall in Regular session, on Monday, June 13, 1966 at 9:30 P.M. All members were present except Councilmen Hunter and Allen. The meeting was called to order by Vice- President John V. Wise, who presided. Vice - President Wise called attention to the fact that Councilman Hunter was on vacation and Councilman Allen was attending the Mayor's Convention in Dallas, Texas. ROLL CALL PRESENT: Councilmen Palmer, Wise, Geib, Szymkowiak Laven, Smith and Muszynski , ABSENT: Councilmen Hunter and Allen -- 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. /s/ Janet S. Allen /s/ Albert E. Palmer Meeting of May 23, 1966 Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Szymkowiak seconded the motion. Motion carried. PETITION We, the undersigned, do hereby respectfully make application and petition the Common Council of the City of South Bend, Indiana to amend the zoning Ordinance of South Bend, Indiana and in support of this application, the following facts are shown: 1. The property is owned by First Baptist Church of South Bend, Indiana with the option to purchase given to the St. Joseph Valley Nursing Home Inc. 3. A legal description of the property is as follows: Beginning at the Northwest corner of the North East Quarter of Section 5, Township 37 North, Range 3 East; thence South along the West line of said North East Quarter a distance of 1294.62 feet (19.621-chaiins) to the South west corner of the North One -half (2) of said North East Quarter; thence easterly along the South line of the North One -half (Z) of said North East Quarter a_- ;distance of 267.30 feet (4.05 chains); thence Northerly along a line paralleling the West line of said North East Quarter a distance of 1086.06 feet, thence Westerly along a line paralleling the North line of said North East Quarter a distance of 195.30 feet; thence Northerly along a line paralleling the West line of said North East Quarter a distance of 208.56 feet to a point on the North line of said North East Quarter; thence Westerly along the North line of said North East Quarter a distance of 72.00 feet to the point of beginning. 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The following action was taken at a special meeting on June 7, 1966: After due consideration it was moved, seconded and carried that the ordinance and site development plan be recommended favorably-to the Common Council. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the excerpts of the minutes attached hereto and made a part of this report. Very truly yours, /s/ John K. Wilson Executive Director - Secretary Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Smith seconded the motion. Motion carried. REPORT OF COMMITTEE OF TIE WHOLE To the Common Council of the City of South Bend: Your Committee of the Whole to whom was referred "AN ORDINANCE FOR ADDITIONAL APPROPRIATION FROM THE GENERAL PARK FUND IN THE AMOUNT OF $11,000.00 TO ACCOUNT 251 (REPAIRS TO BUILDINGS AND STRUCTURES), AND 51 (INSURANCE & PREMIUMS)" Respectfully report that they have examined the matter and in their opinion this Ordinance go to the Council as favorable, /s/ Edwin Thomas Smith, Chairman Councilman Smith made a motion that the report be accepted and placed on file. Councilman Laven seconded the motion. Motion carried. REPORT OF 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.AUTHORIZING THE SALE AND CONVEYANCE OF REAL ESTATE NOW OWNED BY THE CITY OF SOUTH BEND, INDIANA" Respectfully report that they have examined the matter and in their opinion public- :hearing on this Ordinance be continued to June 27, 1966. /s/ Edwin Thomas Smith, Chairman Councilmatn :;Smith ".'made''a'motion "that the report be accepted and placed on file. Councilman Laven seconded the motion. Motion carried. REPORT OF 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 AN ADDITIONAL APPROPRIATION TO ACCOUNT MVH -722 "MOTOR EQUIPMENT" IN THE AMOUNT OF $28,000.00 AND THE TRANSFER OF THE SAME FROM ACCOUNT MVH -422 "SALT" BOTH ACCOUNTS BEING WITHIN THE MOTOR VEHICLE HIGHWAY FUND. Respectfully report that they have examined the matter and in their opinion the title of the Ordinance be amended to read "$18,000.00" instead of $28,000.00, and the Ordinance go to the Council favorable, as amended. /s/ Edwin Thomas Suiith,.Chairman Councilman Smith made a motion that the report be accepted and placed on file. Councilman Laven seconded the motion. Motion carried. REPORT OF 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 AN ADDITIONAL APPROPRIATION TO ACCOUNT P -727, "RADIO EQUIPMENT ", IN THE AMOUNT OF $30,000.00 AND THE TRANSFER OF THE SAME FROM P -11 "SERVICES PERSONAL ", BOTH ACCOUNTS BEING WITHIN THE GENERAL FUND." Respectfully report that they have examined the matter and in their opinion this Ordinance go to the Council as favorable. /s/ Edwin Thomas Smith, Chairman Councilman Smith made a motion that the report be accepted and placed on file. Councilman Laven seconded the motion. Motion carried. 354 RECIJ7 "" t�TT *TG JUNE 13. 1966 ORDINANCES, THIRD READING ORDINANCE NO. 4853 -66 AN ORDINANCE FOR ADDITIONAL APPROPRIATION FROM THE GENERAL PARK FUND IN THE AMOUNT OF $11,000.00 TO ACCOUNT 251 (REPAIRS TO BUILDING AND STRUCTURES), AND 51 (INSURANCE & PREMIUMS) The Ordinance was given third reading and passed by a roll call vote of 7 ayes(Councilmen Palmer, Wise, Geib, Szymkowiak, Laven, Smith and Muszynski) 0 nays, 2 absent (Councilmen Hunter and Allen) ORDINANCE NO. 4854 -66 AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION TO ACCOUNT MVH -722 "MOTOR EQUIPMENT" IN THE AMOUNT OF $18,000.00 AND THE TRANSFER OF THE SAME FROM ACCOUNT MVH - 422 "SALT ", BOTH ACCOUNTS BEING WITHIN THE MOTOR VEHICLE HIGHWAY FUND. AS AMENDED The Ordinance was given third reading and passed by a roll call vote of 6 ayes (Councilmen Palmer, Wise, Geib, Szymkowiak, Laven and Smith, l nay (Councilman Muszynski) 2 absent (Councilmen Hunter and Allen). ORDINANCE NO. 4855 -66 AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION TO THE ACCOUNT P -727, "RADIO EQUIPMENT ", IN THE AMOUNT OF $30,000.00 AND THE TRANSFER OF THE SAME FROM P -11 "SERVICES PERSONAL ", BOTH ACCOUNTS BEING WITHIN THE GENERAL FUND. The Ordinance was given third reading and passed by a roll call vote of 7 ayes (Couuncilmen Palmer, Wise, Geib, Szymkowiak, Laven, Smith and Muszynski) 0 nays, 2 absent(Councilmen Hunter and Allen). ORDINANCES, FIRST AND SECOND READING ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION TO ACCOUNT 363 "OTHER OFFICE b`UPPLIES," IN THE AMOUNT OF $150 AND THE TRANSFER OF THE SAME FROM ACCOUNT 213 "TRAVELING EXPENSES," ALL BEING IN THE FAIR EMPLOYMENT PRACTICES COMMISSION FUND. The Ordinance was given first reading by title and second reading in full. Councilman Palmer made a motion that the Ordinance be set for public hearing June 27, 1966. Councilman Szymkowiak seconded the motion. Motion carried. ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION TO THE BUILDING, DEMOLITION, REPAIR AND CONTINGENT FUND IN THE AMOUNT OF $8 ,000.00 AND THE TRANSFER OF SAME FROM THE GENERAL FUND. 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 June 27, 1966. Councilman Szymkowiak seconded the motion. Motion carried. ORDINANCE AN ORDINANCE AMENDING CHAPTER 9, SECTION 9 -3 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1962(ORDINANCE NO. 4381) The-Ordinance was given first reading by title and second reading in full. Councilman Laven made a motion that the Ordinance be set for public hearing June 27, 1966. Councilman Palmer seconded the motion. Motion carfied. ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION TO THE GAS ACCOUNT OF THE FIRE DEPARTMENT BEING ACCOUNT NO. Q -222 IN THE AMOUNT OF $3,000.00, SAID SUM BEING TRANSFERRED FROM THE COAL ACCOUNT OF THE FIRE DEPARTMENT, SAID ACCOUNT BEING Q -311. The Ordinance was given first reading by title and second reading in full. Councilman Palmer made a motion that the Ordinance be set for public hearing June 27, 1966.1Councilman Laven seconded the motion. Motion carried. ORDINANCE NO. 4856 -66 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE SOUTH BEND CITY WATER WORKS AND JAMES B. CLOW AND SONS, INC., FOR THE PURCHASE OF WATER MAIN PIPES AND FITTINGS IN THE SUM OF $111,215.00 AND A CONTRACT BETWEEN THE SOUTH BEND CITY WATER WORKS AND JAMES B. CLOW, AND SONS, INC., FOR THE PURCHASE OF MECHANICAL JOINT GATE VALVES IN THE SUM OF $9,175.02 The.Ordinance was given first reading by title and second reading in full. Councilman Palmer made a motion for suspension of rules. Councilman Szymkowiak seconded the motion. Motion carried by a roll call vote of 7 ayes,(Councilmen Palmer, Wise, Geib, Szymkowiak, Laven,3m1th and Muszynski), 0 nays, 2 absent (Councilmen Hunter and Allen) A public hearing was held at this time. The - Ordinance was given third reading and passed by a roll call vote of 7 ayes (Councilmen Palmer, Wise, Geib, Szymkowiak, Laven, Smith and Muszynski) 0 nays, 2 absent(Councilmen Hunter and Allen) ORDINANCES. FIRST AND SECOND READING ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 3702 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (296 feet North of McKinley and Hickory Rd. intersection on the West side of Hickory) 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 June 27, 1966. Councilman Smith seconded the motion. Motion carried. ORDINANCE AN ORDINANCE AMENDING CHAPTER 40, SECTION 40 -14 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1962, ALSO KNOWN AS ORDINANCE NUMBER 3702, ADOPTED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ON THE 14th DAY OF OCTOBER, 1963, AND KNOWN AS THE ZONING ORDINANCE IN THE CITY OF SOUTH BEND. (North and West Corner of Edison and Ironwood) 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 June 27, 1966. Councilman Geib seconded the motion. Motion carried. ORDINANCE NO. 4857 -66 AN ORDINANCE AUTHORIZING THE SALE AND CONVEYANCE OF REAL ESTATE NOW OWNED BY THE CITY OF SOUTH BEND, INDIANA. The Ordinance was given first reading by title and second reading in full. C6unci.lman:.Palmer made a motion for suspension of rules.Councilman Szymkowiak seconded-the motion.Public hearing was held on the Ordinance at this time. The Ordinance was given third reading and passed by a roll call vote of 7 ayes (Councilmen Palmer, Wise, Geib, Szymkowiak, Laven, Smith and Muszynski) 0 nays, 2 absent (Councilman Hunter and Allen) ORDINANCE NO. 4858 -66 AN ORDINANCE AUTHORIZING THE PURCHASE OF LAND BY THE CITY OF SOUTH BEND, INDIANA, WHEREIN THE PURCHASE PRICE EXCEEDS THE SUM OF $2,000.00. The Ordinance was given first reading by title and second reading in full. Councilman Laver made a motion for suspension of rules. Cdunciiinan-PAlmer seconded the motion. Motion carried. Public hearing was held on the Ordinance at this time. The Ordinance was given third reading and passed by a roll call vote of 7 ayes (Councilmen Palmer, Wise, Geib, Szymkowiak, Laven, Smith-and Muszynski) 0 nays, 2 absent (Councilmen Hunter and Allen) ORDINANCE NO. 4859 -66 AN ORDINANCE AUTHORIZING THE PURCHASE OF LAND BY THE CITY OF SOUTH BEND, INDIANA, WHEREIN THE PURCHASE PRICE EXCEEDS THE SUM OF $2,000.00 The Ordinance was given first reading by title and second reading in full. Councilman Smith made a motion for suspension of rules. Councilman Laven seconded the motion. Motion carried. Public hearing was held at this time. The Ordinance was given third reading and passed by a roll call vote of 7 ayes ( Palmer, Wise, Geib, Szymkowiak, Laven, Smith and Muszynski) 0 nays, 2 absent (Councilmen Hunter and Allen) RESOLUTION A RESOLUTION APPROVING A SECOND AMENDMENT TO A CONTRACT BETWEEN THE SOUTH BEND CITY WATER WORKS AND SEWAGE DISPOSAL PLANT AND CLAY UTILITIES, INC., FOR FURNISHING OF WATER AND SEWAGE TREATMENT TO THE CLAY TOWNSHIP AREA IN ST. JOSEPH COUNTY, INDIANA. WHEREAS, the Board of Water Works Commissioners and the Board of Sewage Commissioners deem it to be in the best interests of their respective facilities and to the City of South Bend to amend an Agreement to furnish water and sewage services in Clay Township to Clay Utilities, Inc,, which Agreement was entered into on the 22nd day.of March, 1965 and approved by Resolution No. 96 -65 of the Common Council of the City of South Bend on the 10th day of May, 1965. NOW THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, that the contract entered into between the South Bend City Water Works and the sewage disposal plant of the City of South Bend and Clay Utilities, Inc, dated the 22nd day of March, 1965 for the furnishing of water and sewage treatment to Clay Township, St. Joseph County, Indiana as amended is hereby approved and confirmed; said amendment being attached hereto as an exhibit and made a part of this Resolution. /s/ John V. Wise Member of the Common Council Public hearing was held on the above Resolution at this time. Mr. Howard Goodhbw, Water Works Superintendent spoke in favor of the Resolution. Councilman Smith made a motion that the Resolution be adopted by a roll call vote. Councilman Palmer seconded the motion. Motion carried. The Resolution was adopted by a roll call vote of 7 ayes (Councilmen Palmer, Wise, Geib, Szymkowiak, Laven, Smith and Muszynski) 0 nays, 2 absent (Councilmen Hunter and Allen)- NEW: BUS -INESS Councilman Smith expressed concern over complaints he had received from residents near Robinson Street concerning the speed of trains with heavy loads passing through that district. (Continued) i i35r NEW BUSINESS (Continued) City Attorney, Mr. Robert J. DuComb asked Chief Irvin C. Hampton of the Police Departm, speed of the trains by radar. There being no further business before the Council, Councilman Geib made a motion to a, seconded the motion. Motion carried and Council adjourned at 10:55 P.M. ATTEST: APPROVED: CLERK PRES ENT I