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HomeMy WebLinkAbout01-22-68 Council Meeting Minutesa a a a a = a o a = a a a a a a a a o a a a REGULAR MEETING JANUARY 22, 1968 Be it remembered that the Common Council of the City of South Bend, Indiana, met in the Council Chambers in City Hall on Monday, January 22, 1968 at 8 :15 P.M., with all members present. The meeting was called to order by President Robert 0. Laven, who presided. ROLL CALL PRESENT: Councilmen Laven, Allen, Craven, ReinkerGrounds, Szymkowiak, Wise, Palmer and Zielinski :`ABSENT: None REPORT OF COMMITTEE ON MINUTES To the Common Council of the City of South Bend, Indiana: 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/ Robert 0. Laven /s/ Janet S. Allen /s/ Albert E. Palmer Meeting of January 8, 1968 There being no objections, the report was accepted 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 AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 AS HERETOFORE AMENDED AND SUPPLEMENTED AND THE MUNICIPAL CODE OF SOUTH BEND, INDIANA, CHAPTER 40, ET SEQ., AS AMENDED AND SUPPLEMENTED AND ADOPTED BY THE COMMON COUNCIL BY ORDINANCE NO. 4608 -63" (Location: 1323 N. Ironwood). Respectfully report that they have examined the matter and that in their opinion the Ordinance go to the Council as favorable. /s/ William W. Grounds Chairman There being no objections, the report was accepted and placed on file. REPORT OF AREA PLAN COMMISSION January 17, 1968 The Honorable Common Council City of South Bend, Indiana Gentlemen: The attached rezoning petition of the 1149 Corporation was legally advertised under date of January 6 and 13 and given public hearing under date of January 17, 1968. The following action was taken: After due consideration it was moved, seconded and unanimously carried that the ordinance and site development plan be recomm- ended unfavorably to the Common Council. Excerpts of the minutes are hereby attached and made a part of this report. Very truly yours, /s/ John K. Wilson Executive Director There being no objections, the report was accepted and placed on file. REPORT OF CITY CONTROLLER The Reports of the City Controller for the month of December, 1967 and the Year, 1968 were submitted to the Council. Councilman Palmer made a motion that the report be accepted and placed on file. Councilman Wise 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 the City of South Bend, Indiana, as hereinafter requested, and in support of this application, the following facts are shown: 1. The property sought to be rezoned is located at the West side of South Phillipa Street, in the 1600 block, between West Indiana Avenue and West Dubail Avenue in the City of South Bend, Indiana. 2. The property is owned by Arthur B. Demby and Annette F. Demby, husband and wife. 3. A legal description of the property is as follows: Lots numbered 87 and 88, South Bend Industrial Addition, in the City of South Bend, St. Joseph County, Indiana. 4. It is desired and requested that the foregoing property be rezoned: From: B Residential Use and A Height and Area District To: D Light Industrial Use and A Height and Area District. 5. It is proposed that the property will be put to the following use and the following building will be constructed : Petitioner desires to erect a building of modern style and pleasant appearance, wherein apprortimately 5,050 square feet of space will house facilities for a light industrial business and offices for said business, together with service drives, walks and on site parking facilities. 6. Number of off street parking spaces to be provided: (not listed) 7. Attached is a copy of: a.) an existing plot plan showing my property and other surrounding properties; b.) names and addresses of all the individuals, firms or corporations owning property within 300 feet of the property sought to be rezoned; c,) site development plan. /s/ Arthur B. Demby /s/ Annette F. Demby Address: 2715 Leer Street Petition prepared by: Diamond and Miller, Attorneys 112 Lafayette Building South Bend, Indiana Councilman Reinke made a motion that the petition be referred,,'to the Area Plan Commission. Councilman Palmer seconded the motion. Motion carried. PETITION I, the undersigned, do hereby respectfully make application and petition the South Bend Common Council to amend the Zoning Ordinance of South Bend, Indiana, as hereinafter requested, and in support of this application the following facts are shown: 1. The property sought to be rezoned is located at the North side of East Corby Street running from approximately the 2900 block eastward to the 3100 block. 2. The property is owned by Charles F. Coussens, Frank J. Coussens, Paul C. Coussens and Henry J. Coussens subject to an Option to Purchase held by the undersigned, a copy of which is attached. 3. A legal description of the property is as follows: A part of the South half (2) of the North East one- quarter (k) of Section (5),Township Thirty -seven (37) north; Range Three (3) East bounded by a line running as follows: Beginning at South West corner of North East.Quarter (k) of Section Five (5), Township Thirty -seven (37) North Range Three (3) East, thence running East along the East and West center line of Section Five (5) 344.76 feet; thence North 1298.95 feet; thence West 344.1 feet to the North and South center line of Section Five (5); thence South along said North and South center line 1296.8 feet to the place of beginning, containing 10.262 acre's and being Tract No. 8 on a Plat of Partition of South Half (�) of North East Quarter (k) of Section Five (5), Township ab:d Range aforesaid. And Also: A part of the north east quarter ('k) of Section Number Five (5), Township Number Thirty -even (37 North, Range Number Three (3) East, which part is bounded by a line running as follows, viz: Beginning on the East and West center line of said Section, at a point two thousand sixteen (2016) feet West of the South East corner of the North East Quarter (k) of said Section Number Five (5), thence running north Thirteen Hundred One and Ten Hundredths (1301.10) feet; thence West Three Hundred Thirty'Six (336) feet; thence south Twelve Hundred Ninety -eight and Ninety -five Hundredths'(1298.95) feet to the said center line; thence East along said center line, Three Hundred Thirty -six (336) feet to the place of beginning, containing Ten and Twenty -seven Thousandths (10.027) acres, more or less, and being known as Tract Number Seven (7) on a plat of a partition of the south half Q) of the Northeast quarter (k) of said Section Number Five (5), Township and Range aforesaid. Together with and subject to a right of way Thirty (30) feet in width, north and south, taken off and from the entire length of the South side of the South one -half ('k) of the North East quarter ('k) of said Section Number Five (5), Township and Range aforesaid, and extending the whole width across the said Eighty (80) acre tract, to connect with the North and South road on the East line of said Section Number Five (5) known as the Hickory Road. 4. It is desired and requested that the foregoing property be rezoned: From: A Residential Use and A Height and Area District To: A -2 Residential Use and A Height and Area District. 5. It is proposed that the property will be put to the following use and the following buildings will be constructed: 23 apartment type building containing approximately 200 residential units. 6. Number of off street parking spaces to be provided: not less than 300. 7. Attached is a copy of a.) an existing plot plan showing my property and other surrounding properties; b) names and address of all individuals, firms or corporations owning property within 300 feet of the property sought to be rezoned; c.) site development plan. /s/ Marc Donaldson 3131 Corby Blvd. Petiton prepared by: W.E.Voor Councilman Reinke made a motion that the Petition be referred to the Area Plan Commission. Councilman Szymkowiak seconded the motion. Motion carried. ORDINANCES, THIRD READING ORDINANCE NO. 4974 -68 AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 AS HERETOFORE AMENDED AND SUPPLEMENTED AND THE MUNICIPAL CODE OF SOUTH BEND, INDIANA CHAPTER 40, ET SEQ., A& AMENDED AND SUPPLEMENTED AND ADOPTED BY THE COMMON COUNCIL BY ORDINANCE NO. 4608 -63 (Location: 1323 N. Ironwood). The Ordinance was given third reading and passed by a roll call vote of 9 ayes, (Councilmen Allen, Laven, Craven, Reinke, Grounds, Szymkowiak, Wise, Palmer and Zielinski). ORDINANCES, FIRST AND SECOND READING ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA (Ordinance affecting Bract at Southwest corner of Jefferson and Eddy). The following letter was submitted to the Council: Common Council of the City of South Bend''. City Hall South Bend, Indiana Gentlemen: As attorney for the Petitioners, both the owners and the proposed developers of the automotive service compound proposed for the above designated site; I wish to advise you that after consultation with both the owners and the petitioners that I am authorized to report to you that we are prepared and do abandon any further efforts to secure rezoning in accordance with the proposed ordinance, following the unfavorable recommendation given by the Area Plan Commission on Tuesday Evening last. We appreciate the consideration which yoµ have given 66--us in this matter, but feel that further pursuit of the attempt to secure the enactment of this ordinance would not be beneficial either to ourselves or to the City. Sincerely Yours, /s/ Joseph T. Helling (Continued) II 1 ul • -1 ' •� ORDINANCES, FIRST AND SECOND READING ORDINANCE (Continued) Councilman Allen made a motion -that the withdrawal be allowed and the Ordinance be stricken from the file. Councilman Szymkowiak seconded the motion. Motion carried. ORDINANCES, FIRST AND SECOND READING ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WATER WORKS OF THE CITY OF SOUTH BEND, INDIANA, AND INLAND CHEMICAL CORPORATION, SOUTH BEND, INDIANA, FOR THE PURCHASE OF AN ASSORTMENT OF CHEMICALS FOR USE FROM FEBRUARY 7, 1968 TO FEBRUARY 7, 1969 IN THE AMOUNT OF $16,056.50 The Ordinance was given first reading by title. Councilman Allen rose to object to the second reading of the Ordinance at this time. President Laven called for a recess. Time: 8:26 P.M. Reconvened: 8:31 P.M. President Laven announced that the Ordinance would be given second reading at the next regular meeting, February 12, 1968. ORDINANCES, FIRST AND SECOND READING ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WATER WORKS OF THE CITY OF SOUTH BEND, INDIANA, AND GAMON/ CALMET METER DIVISION, NEWARK, NEW JERSEY, FOR THE PURCHASE OF AN ASSORTMENT OF WATER METERS FOR USE FROM FEBRUARY 7, 1968 TO FEBRUARY 7, 1969 IN THE AMOUNT OF $9,596.80. The Ordinance was given first reading by made a motion that the Ordinance be set seconded the motion. Motion carried. ORDINANCES, FIRST AND SECOND READING ORDINANCE title and second reading in full. Councilman Szymkowiak for public hearing on February 12, 1968. Councilman Palmer AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WATER WORKS OF THE CITY OF SOUTH BEND, INDIANA, AND HERSEY- SPARLING METER COMPANY, DEDHAM, MASSACHUSETTS, FOR THE PURCHASE OF AN ASSORTMENT OF WATER METERS FOR USE FROM FEBRUARY 7, 1968 TO FEBRUARY 7, 1969 IN THE AMOUNT OF $11,840.72. 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 February 12, 1968. Councilman Reinke seconded the motion. Motion carried. ORDINANCES, FIRST AND SECOND READING ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WATER WORKS OF THE CITY OF SOUTH BEND, INDIANA, AND ASHLAND CHEMICAL COMPANY, SOUTH BEND, INDIANA, FOR THE PURCHASE OF AN ASSORTMENT OF CHEMICALS FOR USE FROM FEBRUARY 7, 1968 TO FEBRUARY 7, 1969 IN THE AMOUNT OF $8,005.00. The Ordinance was given first reading by made a motion that -the Ordinance be set seconded the motion. Motion carried. ORDINANCES, FIRST AND SECOND READING ORDINANCE title and second reading in full. Councilman Szymkowiak for public hearing on February 12, 1968. Councilman Grounds AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WATER WORKS OF THE CITY OF SOUTH BEND, INDIANA, AND BADGER METER MANUFACTURING COMPANY, MILWAUKEE, WISCONSIN, FOR THE PURCHASE OF AN ASSORTMENT OF WATER METERS FOR USE FROM FEBRUARY 7, 1968 TO FEBRUARY 7, 1969 IN THE AMOUNT OF $71,261.20. 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 February 12, 1968. Councilman Craven seconded the motion. Motion carried. ORDINANCES, FIRST AND SECOND READING ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION TO ACCOUNT MVH -52, "RENTS ", IN THE AMOUNT OF $15,364.12 AND THE TRANSFER OF THE SAME FROM ACCOUNT MVH -722, "MOTOR EQUIPMENT ", ALL BEING IN THE MOTOR VEHICLE HIGHWAY FUND. 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 February 12, 1968. Councilman Grounds seconddd the motion. Motion carried. ORDINANCES. FIRST AND SECOND READING ORDINANCE AN ORDINANCE DEFINING FALSE FIRE ALARMS; PROVIDING A PENALTY FOR MAKING SAID FALSE FIRE ALARMS; PROVIDING A CASH REWARD TO ANYONE FURNISHING INFORMATION LEADING TO THE ARREST AND CONVICTION OF A PERSON OR PERSONS MAKING SAID FALSE FIRE ALARMS; REPEALING ANY ORDINANCES IN CONFLICT THEREWITH; AND DECLARING AN EMERGENCY. The Ordinance was given first reading by title and second reading in full. Councilman Allen made a motion that the Ordinance be set for public hearing on February 12, 1968. Councilman Szymkowiak seconded the motion. Motion carried. RESOLUTION NO. 177 -68 RESOLUTION AUTHORIZING LEASE OF THE FIRE STATION AT 701 PORTAGE AVENUE TO SOUTH BEND CIVIC THEATRE, INC. WHEREAS, the City of South Bend has vacated the fire station located at 701 Portage Avenue and has no current use for the premises, and WHEREAS, the South Bend Civic Threatre, Inc., a non profit corporation, dedicated to the production of ama- teur theatre and education of young people, desires to lease said premises for the purpose of conducting amateur theatre activities, NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION L. Pursuant to the authority set forth . in the Acts of the General Assembly for the year 1905, Chapter 129, as amended, that certain lease, entered into by and between the City of South Bend, Indiana, acting by and through the Board of Public Works and Safety, and South Bend Civic Theatre, Inc., on the 22nd day of January, 1968, which lease is attached hereto, marked Exhibit "A ", and incorporated herein, by reference, to the same extent as if it were fully recited herein, is hereby approved and confirmed. /s/ William W. Grounds Councilman Allen made a motion that the Resolution be adopted by a roll call vote. Councilman Craven seconded the motion. Motion carried. The Resolution was adopted by a roll call vote of 9 ayes, (Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Wise, Palmer, and Zielinski). 0 nays, 0 absent. President Laven called a recess at this time. Time: 9:08 P.M. Reconvened: 9:15 P.M. _Decision was made by the City Attorney to hold the next regular meeting on February 12, which is a legal holida NEW BUSINESS Councilman Palmer pointed out the fact that an increase of freight yards in Elkhart, Indiana would increase the number of trains.passing through South Bend, and inquired of City Engineer, Lloyd Taylor if this would indicate an immediate need for over- passes, especially an the Ironwood and Twyckenham crossings. Mr. Taylor replied that a transportation study could be made. Councilman Szymkowiak asked City Attorney, Arthur Frisk to please inspect a tree stump that had been blown over between the curb and sidewalk on Diamond Avenue. The Clerk was then instructed to read the following: STATE OF INDIANA ) ST. JOSEPH COUNTY ) SS: CALL FOR SPECIAL MEETING CITY OF SOUTH BEND) TO THE PRESIDENT AND MEMBERS OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: Gentlemen: You are hereby notified that there will be a meeting of the Common Council on Thursday, January 25, 1968, at 8:00 A.M., in the Council Chambers at City Hall in order to consider the following ordinance. 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 OF THE CITY FOR SUCH PURPOSE. The Chief of Police or any member of the Police Force is hereby directed to forthwith serve a copy of this notice on each and every member of the Common Council and make due return of such service of said Special Meeting. Dated this 22nd day of January, 1968 (Seal) 761 Kathryn L. Blough _. City Clerk of South Bend, Indiana (Continued) 1 r r 1 1 CALL FOR SPECIAL MEETING (Continued) The within call came to hand this 22nd day of January, 1968, which I served by reading the same to each Councilman upon the date designated, as follows: Is/ Robert 0. Laven /s/ William W. Grounds /s/ Janet S. Allen /s/ Frederick D. Craven /s/ John V. Wise /s/ Walter M. Szyrpkowiak /s/ Gerald C. Reinke /s/ Raymond Zielinski /s/ Albert E. Palmer or by leaving a certified copy thereof at the last and usual place of residence of such members as I was unable to find, as follows: /s/ Sgt. Fred Odusch Member of the South Bend Police Department There being no further business to come before the Council, Councilman Wise made a motion to adjourn. Councilman Palmer.- seconded'the motion. Motion carried. Council adjourned at 9:28 P.M. ATTEST: i APPROVED: &" PRESIDENT s