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HomeMy WebLinkAbout09-26-66 Council Meeting MinutesREGULAR MEETING SEPTEMBER 26, 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, September 26, 1966 at 9:30 P.M., with all members present. The meeting was called to order by President John L. Hunter, Jr., who presided. ROLL CALL PRESENT: Councilmen Hunter, Allen, Palmer, Wise, Geib, Szymkowiak, Laven, Smith and Muszynski. ABSENTZ: None REPORT OF THE 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 examined 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 September 12, 1966 There being no objections, the report was accepted as read and placed on file. REPORT OF AREA PLAN COMMISSION September 21, 1966 The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: The attached rezoning petition of the First Baptist Church was legally advertised under date of July 9 and 16 and given public hearing on July 19, 1966. The following action was taken on September 20, 1966: After due consideration it was moved, seconded and carried that the ordinance and site development plan be recommended unfavorably 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. s Very truly yours, /s/ John K. Wilson Executive Director - Secretary There being no objections, the report was accepted as read, and placed on file. REGULAR MEETING SEPTEMBER 26, 1966 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 AMENDING SECTIONS 40 -1 AND 40 -17 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1962, AS AMENDED, ALSO KNOWN AS ORDINANCE NO. 3702, THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED." Respectfully report that they have examined the matter and that in their opinion the Ordinance be referred to the Ordinance Committee and that public hearing be continued on October 10, 1966. /s/ Edwin Thomas Smith Chairman There being no objections, the report was accepted as read, and placed on file. 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 AMENDING ORDINANCE NO. 3702 ADOPTED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ON THE 14TH DAY OF JUNE, 1949, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (Location: South of L.W.E., West of Twyckenham)." Respectfully report that they have examined the matter and that in their opinion the Ordinance go to the Council as unfavorable. /s/ Edwin Thomas Smith Chairman There being no objections, the report was accepted as read and placed on file. 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 AMENDING SECTION 40 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1962, AS AMENDED, ALSO KNOWN AS ORDINANCE NO. 3702, THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED. (Location: 3900 block S. Michigan) " Respectfully report that they have examined the matter and that in their opinion the Ordinance go to the Council as favorable. /s/ Edwin Thomas Smith Chairman There being no objections, the report was accepted as read and placed on file. 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 ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LANDS. (Location: East side of York Rd., South of the center line of Jackson Road.) ". Respectfully report that they have examined the matter and that in their opinion the Ordinance go to the Council as favorable. Edwin Thomas Smith Chairman There being no objections, the report was accepted as read and placed on file. 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 ADDITIONAL APPROPRIATIONS IN THE SEWAGE DISPOSAL FUND IN THE AMOUNT OF $62,717.55 ". Respectfully report that they have examined the matter and that in their opinion the Ordinance go to the Council as favorable. /s/ Edwin Thomas Smith Chairman There being no objections, the report was accepted as read and placed on file. 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 ADDITIONAL APPROPRIATIONS FROM THE GENERAL FUND IN THE AMOUNT OF $10,500.00 TO VARIOUS ACCOUNTS WITHIN THE GENERAL FUND ". Respectfully report that they have examined the matter and that in their opinion the Ordinance go to the Council as favorable. /s/ Edwin Thomas Smith Chairman There being no objections, the report was accepted as read and placed on file. — REGULAR MEETING _ SEPTEMBER 26, 1966 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 AR ADDITIONAL APPROPRIATION FROM THE FAIR EMPLOYMENT PRACTICES COMMISSION FUND IN THE AMOUNT OF $150.00 TO ACCOUNT 214 TELEPHONE AND TELEGRAPH, IN SAID FUND ". Respectfully report that they have examined the matter and that in their opinion the Ordinance go to the Council as favorable. /s/ Edwin Thomas Smith, Chairman There being no objections, the report was accepted as read and placed on file. 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 TRANSFER.OF $29,268.36 FROM THE SOUTH BEND APW INDIANA 1G FUND AND $7,639.72 FROM THE SOUTH BEND APW INDIANA 3G FUND.TO THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA ". Respectfully report that they have examined the matter and that in their opinion the Ordinance go to the Council as favorable. /s/ Edwin Thomas Smith Chairman There being no objections, the report was accepted as read and placed on file. 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 TRANSFER OF $31,394.36 FROM THE STREET AND TRAFFIC FUND AND $23,042.60 FROM THE CITY PLAN FUND TO THE GENERAL FUND AND APPROPRIATING FROM THE GENERAL FUND THE SUM OF $48,000.00 TO ACCOUNT B -53 "REFUND, AWARDS AND INDEMNITIES" IN THE OFFICE OF CONTROLLER." Respectfully report that they have examined the matter and that in their opinion the Ordinance go to the Council as favorable. /s/ Edwin Thomas Smith Chairman There being no objections, the report was accepted as read and placed on file. 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 TRANSFER OF $1,523.63 FROM THE 1960 GENERAL STREET IMPROVEMENT FUND AND $6,469.48 FROM THE MUNICIPAL BONDS OF 1961 FUND TO THE GENERAL SINKING FUND OF THE CITY OF SOUTH BEND, INDIANA ". Respectfully report that they have examined the matter and that in their opinion the Ordinance go to the Council as favorable. /s/ Edwin Thomas Smith Chairman There being no objections, the report was accepted as read and placed on file. 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 V -44 "MATERIALS, IN THE AMOUNT OF $13,600.00 AND THE TRANSFER OF THE SAME FROM ACCOUNT V -11, "SERVICES PERSONAL :, ALL BEING IN THE GENERAL FUND. Respectfully report that they have examined the matter and that in their opinion the Ordinance go to the Council as favorable. /s/ Edwin Thomas Smith Chairman There being no objections, the report was accepted as read and placed on file. 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 Q -451, PARTS OF EQUIPMENT ", IN THE AMOUNT OF $2,000.00 AND THE TRANSFER OF THE SAME FROM ACCOUNT Q -251, "REPAIRS TO BUILDINGS AND STRUCTURES',' ALL BEING -`.IN THE GENERAL FUND." Respectfully report that they have examined the matter and that in their opinion the Ordinance go to the Council as favorable. /s/ Edwin Thomas Smith Chairman There being no objections, the report was accepted as read and placed on file. 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 APPROVING AND CONFIRMING A COMMUNITY ANTENNA TELEVISION FRANCHISE CONTRACT BETWEEN THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF SOUTH BEND, AND VALLEY CABLEVISION CORPORATION ". Respectfully report that they have examined the matter and that in their opinion the Ordinance to to the Council as favorable. /s/ Edwin Thomas Smith Chairman There being no objections, the report was accepted as read, and placed on file. ORDINANCES, THIRD READING ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 3702 ADOPTED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ON THE 14th DAY OF JUNE, 1949, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (Location :South of L.W.E., West of Twyckenham) The Ordinance was given third reading and defeated by a roll call vote of 2 ayes, (Councilmen Geib and Smith) and 7 nays (Councilmen Hunter, Allen, Palmer, Wise, Szymkowiak, Laven and Muszynski), 0 absent. ORDINANCE NO. 4881 -66 AN ORDINANCE AMENDING SECTION 40 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1962, AS AMENDED, ALSO KNOWN AS ORDINANCE NO. 3702, THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED. (Location: 3900 Block S. Michigan) The Ordinance was given third reading and passed by a roll call vote of 9 ayes, 0 nays, 0 absent. ORDINANCE NO. 4882 -66 AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LANDS. (Location: East side of York Rd., South of the center line of Jackson Rd.) The Ordinance was given third reading and passed by a roll call vote of 9 ayes, 0 nays, 0 absent. ORDINANCE NO. 4883 -66 AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS IN THE SEWAGE DISPOSAL FUND IN THE AMOUNT OF $62,717.55 The Ordinance was given third reading and passed by a roll call vote of 9 ayes, 0 nays, 0 absent. ORDINANCE NO. 4884 -66 AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS FROM THE GENERAL FUND IN THE AMOUNT OF $10,500.00 TO VARIOUS ACCOUNTS WITHIN THE GENERAL FUND. The Ordinance was given third reading and passed by a roll call vote of 9 ayes, 0 nays, 0 absent. ORDINANCE NO. 4885 -66 AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION FROM THE FAIR EMPLOYMENT PRACTICES COMMISSION FUND IN THE AMOUNT OF $150.00 TO ACCOUNT 214 TELEPHONE AND TELEGRAPH, IN SAID FUND. The Ordinance was given third reading and passed by a roll call vote of 7 ayes, (Councilmen Hunter, Allen, Palmer, Wise, Geib, Szymkowiak, and Smith) 2 nays (Councilmen Laven and Muszynski) ORDINANCE NO. 4886 -66 AN ORDINANCE AUTHORIZING THE TRANSFER OF $29,268.36 FROM THE SOUTH BEND APW INDIANA 1G FUND AND $7,639.72 FROM THE SOUTH BEND APW INDIANA 3G FUND TO THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA The Ordinance was given third reading and passed by a roll call vote of 9 ayes, 0 nays, 0 absent ORDINANCE NO, 4887 -66 AN ORDINANCE AUTHORIZING THE TRANSFER OF $31,394.36 FROM THE STREET AND TRAFFIC FUND AND $23,042.60 FROM THE CITY PLAN FUND TO THE GENERAL FUND AND APPROPRIATING FROM THE GENERAL FUND THE SUM OF $48,000.00 TO ACCOUNT B -53, "REFUND, AWARDS AND INDEMNITIES" IN THE OFFICE OF CONTROLLER. The Ordinance was given third reading and passed by a roll call vote of 9 ayes, 0 nays, 0 absent. REGULAR MEETING SEPTEMBER Lb, lybb ORDINANCES, THIRD READING ORDINANCE NO. 4888 -66 AN ORDINANCE AUTHORIZING THE TRANSFER OF $1,523.63 FROM THE 1960 GENERAL STREET IMPROVEMENT FUND AND $6,469.48 FROM THE MUNICIPAL BONDS OF 1961 FUND TO THE GENERAL SINKING FUND.OF THE CITY OF SOUTH BEND, INDIANA. The Ordinance was given third reading and passed by a roll call vote of 9 ayes, 0 nays, 0 absent. ORDINANCE NO. 4889 -66' AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION TO ACCOUNT V -44 "MATERIALS ", IN THE AMOUNT OF $13,600.00 AND THE TRANSFER OF THE SAME FROM ACCOUNT V -11 "SERVICES PERSONAL ", ALL BEING IN THE GENERAL FUND. The Ordinance was given third reading and passed by a roll call vote of 9 ayes, 0 nays, 0 absent. ORDINANCE NO. 4890 -66 AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION TO ACCOUNT Q -451, "PARTS OF EQUIPMENT ", IN THE AMOUNT OF $2,000.00 AND THE TRANSFER OF THE SAME FROM ACCOUNT.Q -251, "REPAIRS TO BUILDINGS AND STRUCTURES ", ALL BEING IN THE GENERAL FUND. The Ordinance was given third reading and passed by a roll call vote of 9 ayes, 0 nays, 0 absent. ORDINANCE NO. 4891 -66 AN ORDINANCE APPROVING AND CONFIRMING A COMMUNITY ANTENNA TELEVISION FRANCHISE CONTRACT BETWEEN THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF SOUTH BEND, AND VALLEY CABLEVISION CORPORATION. The Ordinance was given third reading and passed by a roll call vote of 8 ayes, (Councilmen Htin.ter, Palmer, Wise, Geib, Szymkowiak, Laven, Smith and Muszynski) l present (Councilman Allen), 0 nays, 0 absent. ORDINANCES ,SECOND READING ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WATER WORKS OF THE CITY OF SOUTH BEND AND E. J. WHITE, INC. FOR INSTALLATION OF FLUORIDATION FACILITIES AT NORTH STATION, OLIVER STATION, SOUTH STATION AND AIRPORT STATION IN THE SUM OF $32,845.00. The Ordinance was given second reading in full. Councilman Smith made a motion that the Ordinance be set for public hearing on October 10, 1966. Councilman Geib seconded the motion. Motion carried,-6 ayes, '3 nays, (Councilmen Alle- m,r- Paliher and S'zymkowiak) ORDINANCE AN ORDINANCE APPROVING A CHANGE ORDER IN A CONTRACT BETWEEN THE WATER WORKS OF THE CITY OF SOUTH BEND AND C & C CONSTRUCTION CO., INC. FOR THE INSTALLATION OF FLUORIDATION FACILITIES AT EDISON PARK PUMPING STATION IN THE SUM OF $11,506.00. The Ordinance was given second reading in full. Councilman Smith made a motion that the Ordinance be set for public hearing on October 10, 1966. Councilman Wise seconded the motion. Motion carried, 6 ayes, 3 nays (Councilmen Allen - Palmer `an& Szymkowiak) ORDINANCE AN ORDINANCE APPROVING A CHANGE ORDER IN A CONTRACT BETWEEN THE WATER WORKS OF THE CITY AND B AND G CONSTRUCTION CO., INC. FOR THE INSTALLATION OF FLUORIDATION FACILITIES AT PINHOOK PARK PUMPING STATION IN THE SUM OF $11,385.00., The Ordinance was given sedond reading in full. Councilman Smith made a motion that the Ordinance be set for public hearing on October 10, 1966. Councilman Geib seconded the motion. Motion carried. 6 ayes, 3 nays, (Councilmen Allen,Palmer and'Szymkowiak) REGULAR MEETING SEPTEMBER 26, 1966 ORDINANCES, FIRST AND SECOND READING ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WATER - WORKS OF THE CITY OF SOUTH BEND AND HERSEY - SPARLING METER COMPANY FOR THE FURNISHING OF A 12 -INCH TURBINE TYPE WATER METER IN THE SUM OF $3,057.95 The Ordinance was given first reading by title and second reading in full. Councilman Geib made a motion for Suspension of Rules. Councilman ,lise seconded the motion. Motion failed ;.7 ayes, (Councilmen Hunter, Palmer, Wise, Geib, Laven, Smith and Muszynski) 2 nays(Councilmen Allen and Szymkowiak). Councilman Laven then made a motion that the Ordinance be set for public hearing on October 10, 1966. Councilman Geib seconded the motion. Motion carried. ORDINANCES, FIRST AND SECOND READING ORDINANCE AN ORDINANCE AMENDING SECTION 40 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA of1962, MORE SPECIFICALLY KNOWN AS ORDINANCE NO. 4608 -63 ADOPTED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ON OCTOBER 14, 1963, AND COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA(Location: 3004 Edison Rd., between Rockne Dr., and Brummitt Lane) The Ordinance was given first reading ty title and second reading in full. Councilman Smith made a motion that the Ordinance be set for public hearing on October 10 1966. Councilman Laven seconded the motion. Motion carried. ORDINANCES, FIRST AND SECOND READING ORDINANCE NO. 4892 -66 AN ORDINANCE AMENDING ORDINANCE NO. 4880 -66 ENTITLED "AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAKING OF A TEMPORARY LOAN FOR THE GENERAL FUND AND THE ISSUANCE AND SALE OF WARRANTS BY THE CITY FOR SUCH PURPOSE" BY REVISING THE INTEREST RATE PROVIDED IN SAID ORDINANCE FROM 3% TO 6° The Ordinance was given first reading by title and second reading in full. Councilman Laven made a motion for Suspension of Rules. Councilman Palmer seconded the motion. Motion carried. James Bickel, Controller, spoke in favor of the Ordinance. The Ordinance was then given third reading and passed by a roll call vote of 9 ayes (Councilmen Hunter, Allen, Palmer, Wise, Geib, Szymkowiak, Laven and Smith) 0 nays, 0 absent. and Muscynski) RESOLUTION NO.139 -66 A RESOLUTION FOR AN ADDITIONAL APPROPRIATION IN THE "WATER" ACCOUNT OF THE TRAFFIC DEPARTMENT IN THE AMOUNT OF $65.00 AND THE TRANSFER OF THE SAME FROM THE "REPAIRS OF BUILDINGS AND STRUCTURES ACCOUNT IN THE SAME CATEGORY, TO -WIT: SERVICES CONTRACTUAL, AND ALL BEING IN 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 contingencies; and WHEREAS, Additional funds for water services are urgently needed by the Traffic Department to assure its ability to properly perform its function and the sum of $65.00 is needed forthwith; and WHEREAS, A surplus exists in another account where it is not presently needed; and more specifically as follows, to -wit: 1. Sixty -five dollars ($65.00) in Account T -251 designated as "Repairs of Buildings and Structures ". NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, That the sum of $65.00 be transferred from ACCOUNT T -251 designated as "Repairs of Buildingsand Structures ", by transferring it to the following account, to -wit: 2. Sixty Five Dollars ($65.00) to ACCOUNT T -224 designated as "Water ", both of said accounts being in the same category, to -wit: Services Contractual of the Traffic Department. /s/ Albert E. Palmer Member of the Common Council .Councilman Palmer made a motion that the Resolution be adopted. Councilman Wise seconded the motion. Motion carried. The Resolution was adopted by a roll call vote of 9 ayes, 0 nays, 0 absent. Councilman Smith introduced provisional members of the Junior League who were attending the meeting. There being no further business before the Council, Councilman Muszynski made a motion to adjourn. Councilman Laven seconded the motion. Motion carried. Time 10 :05 P.M. ATTEST: IDENT