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HomeMy WebLinkAbout03-26-68 Council Meeting MinutesREGUTAR *EETING MARCH 26. 1968 Be it remembered that the Common Council of the City of South Bend, Indiana, met in the Council Chambers in City Hall on Tuesday, March 26, 1968 at 12:10 A_. 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, Reinke, Grounds, Saymkowiak, Wise, Palmer, and Zielins ABSENT: None At 12 :15 A.M. Councilmat -Wise..moved:to-,recess milt l 7 00_:P,M.. March 26, 1968. Seconded by Councilman Craven. Motion carried. TIME: 12:20 A.M. Be it remembered that the Common Council of the City of South Bend, Indiana reconvened in the Council Chamber in City Hall on Tuesday, March 26, 1968 at 7:47 P.M. All members present. The meeting was called tc order by REPORT OF COMMITTEE ON MINUTES President Robert 0. Laven, who presided. 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 /sl Janet S. Allen /s/ Albert E. Palmer Meeting of March 11, 1968 There being no objections, the report was accepted as read, and placed on file. �J R I4�. RTTVr. MARCH 26, 1968 REPORT OF CITY CONTROLLER The Report of the City Controller for the month of February, 1968 was submitted to the Council; each Councilman having received a copy of the report prior to the meeting. Councilman Wise made a motion that the report be accepted and placed on file. Councilman Grounds seconded the motion. Motion carried. PETITIONS We, the undersigned, do hereby respectfully make application and petition the Common Council of the City of South Bend to amend the Zoning Ordinance of the City of South Bend as hereinafter requested, and in support of this application, the following facts are shown: 1. The property sought to;be rezoned is located at 209 -215 East Ohio Street in the City of South Bend and the alleyway lying east of and adjacent to said property. 2. The property is owned by Ruth F. Lonstrom, Gladys M. Edwards, Stella Hunt and Hildegarde Warsko, and the St. Vincent DePaul Salvage Bureau, Inc. 3. A legal description of the property is as follows: Lots Numbered 5 and 6 as shown on the recorded plat of Adam S. Baker's first addition to the City of South Bend, together with an alley approximately 14 feet in width running north and south and adjacent to the east line of Lot Numbered 6 as shown on the recorded plat of Adam S. Baker's first addition to the City of South Bend. 4. It is desired and requested that the foregoing property be rezoned: From "B" Residential Use and "B" Height and Area District To "D" Light Industrial Use and "E" Height and Area District. 5. It is proposed that the property will be put to the following use and the following building (s) will be constructed The St. Vincent DePaul Salvage Bureau, Inc., a non - profit Indiana Corporation, will erect a one story retail soft goods, book and furniture store to provide low cost and appropriate free merchandise to disadvantaged persons without regard to race, creed or national origin. The building will have a retail area of 7,200 square feet and a warehouse area of 9,000 square feet. 6. Number of off street parking spaces to be provided: 32 spaces 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/ Ruth Lonstrom Address: 209 E. Ohio St. 3082 E. Indiana /s/ Gladys M. Edward Address: 211 E. Ohio St. /s/ Stella Hunt & Hildegarde Warsho Address: 213 E. Ohio St. - Red Arrow Highway South Bend, Ind. - Watervliet, Mich. /s/ Gene M. Norris, President St. Vincent Depaul Salvage Bureau, Inc. Petition prepared by: George P. Roberts Councilman Allen made a motion that the petition be referred to the Area Plan Commission. Councilman Grounds seconded the motion. Motion carried. PETITION 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 said City as hereinafter requested, and in support of this application, the following facts are shown; 1. The property sought to be rezoned is located in the 900 block on the South side of East Ireland Road immediately adjacent to the West of the property now situate and known as Al's Butcher Block. The parcel has a frontage of two hundred (200) feet on Ireland Road. 2. The property is owned by Place and Company, Inc., an Indiana corporation. 3. A. legal description of the property is as follows: Beginning at a point on the North line of the Southeast Quarter (1/4) of Section 25, Township 37 North, Range 2 East, 736.3 feet West of the Northeast corner of the said Southeast 1/4; thence South 230.45 feet parallel with the East line of the Southeast 1/4 (East line of Section); thence West 200 feet parallel with the said North line of the said Southeast 1/4; thence North 230.45 feet parallel with the East line of the said Southeast 1/4 of the North line of the said Southeast 1/4; thence East 200 feet along the said North line to the place of beginning, containing 1.06 acres, more or less, in St. Joseph County, Indiana. REGULAR MEETING MARCH 26, 1968 PETITION (continued) 4. It is desired and requested that the foregoing property be rezoned: From: "A" Residential Use and A Height and Area District To: 1°C" Commercial 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: An addition to the present existing building known as AL's Butcher Block, which will be attached thereto, and extend Westward for the purpose of expanding the operation. 6. Number of off street parking spaces to be provided: 72 parking spaces. 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. PLACE AND COMPANY, INC. /s/ Andrew S. Place, President Address: 1920 Ridgedale Road Petition prepared by: Robert J. DuComb, Attorney for petitioner Councilman Palmer made a motion that the petition be referred to the Area Plan Commission. Councilman Grounds 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 PROHIBITING CERTAIN PRACTICES OF DISCRIMINATION IN HOUSING ACCOMMODATIONS BECAUSE OF RACE, CREED, COLOR, NATIONAL ORIGIN OR ANCESTRY, AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF, AS AMENDED." 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 as read, and placed on file. REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: Your Commitee of the Whole to whom was referred " A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA ADOPTING A RESOLUTION ACCEPTING AND APPROVING A FEASIBILITY STUDY FOR MUNICIPALLY OPERATED PARKING PROGRAM PREPARED BY AREA PLAN? COMMISSION OF ST. JOSEPH COUNTY IND., AND HARLAND BARTHOLOMEW AND ASSOCIATES OF MEMPHIS . TENNESSEE FILED: WITH SAID 'BOARD ON NOVEMBER 27;.1967 CONTAINING RECOMMENDATION ON THE LOCATION, SIZE AND CHARACTER OF AND THE PROBABLE COST OF ACQUIRING AND DEVELOPING CERTAIN LAND AND THE CONSTRUCTION THEREON OF SEMI - ENCLOSED DECK, SELF PARK TYPE STRUCTURES WITH ATTENDANT PAY BOOTHS FOR MUNICIPAL PARKING, AS AMENDED. Respectfully report that they have examined the matter and that in their opinion the Resolution go-to -the Council as favorable, as amended. s/ William W. Grounds Chairman Councilman Allen objected to receiving the report on the basis that the Resolution had not been committed to the Committee of the Whole, Common Council meeting of February 26, 1968. President Laven over -ruled the objection. The ruling of the chair was upheld. The report was accepted as read. ORDINANCES, THIRD READING ORDINANCE NO. 4992 -68 AN ORDINANCE PROHIBITING CERTAIN PRACTICES OF DISCRIMINATION IN HOUSING ACCOMMODATIONS BECAUSE OF RACE, CREED, COLOR, NATIONAL ORIGIN OR ANCESTRY, AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF, AS AMENDED. The Ordinance was given third reading and passed by a roll call vote of 7 ayes, (Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, and Zielinski), 2 nays, (Councilmen Wise and Palmer), 0 absent. REGULAR MEETING MARCH26 1968 ORDINANCES, FIRST AND SECOND READING ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION TO ACCOUNT Z -312, "FUEL OIL" IN THE AMOUNT OF $700.00 AND THE TRANSFER OF SAID SUM FROM ACCOUNT Q -11, "SERVICES PERSONAL" IN THE FIRE DEPARTMENT, ALL BEING WITHIN THE GENERAL FUND. The Ordinance was given first reading by title and second reading in full. Councilman Grounds made a motion that the Ordinance be given public hearing on April 8, 1968. Councilman Palmer seconded the motion. Motion carried. RESOLUTION NO. 179 -68 WHEREAS, THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF SOUTH BEND, DID ON THE 21st DAY OF FEBRUARY, 1968, ADOPT A RESOLUTION ACCEPTING AND APPROVING A FEASIBILITY STUDY FOR MUNICIPALLY - OPERATED PARKING PROGRAM PREPARED BY AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IND. AND HARLAND BARTHOLOMEW AND ASSOCIATES OF MEMPHIS, TENNESSEE FILED WITH SAID BOARD ON NOVEMBER 27, 1967 CONTAINING RECOMMENDATIONS ON THE LOCATIONS, SIZE AND CHARACTER OF AND THE PROBABLE COST OF ACQUIRING AND DEVELOPING CERTAIN LAND AND THE CONSTRUCTION THEREON OF SEMI - ENCLOSED DECK, SELF PARK TYPE STRUCTURES WITH ATTENDANT PAY BOOTHS FOR MUNICIPAL PARKING, WHICH RESOLUTION IS AS FOLLOWS: RESOLUTION NO. 2 -21 -68 OF THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF SOUTH BEND, INDIANA WHEREAS, Area Plan Commission of St. Joseph County, Ind. and Harland Bartholomew and Associates of Memphis, Tennessee prepared and filed with the Board of Public Works and Safety of the City of South Bend, Indiana on November 27, 1967 a comprehensive feasibility study for municipally- operated parking program for the City of South Bend; and WHEREAS, said report was approved by the said Area Plan Commission at its regular monthly meeting of October 17, 1967; and WHEREAS, said report contains the results of surveys, field studies, analyses and recommendations covering the evaluation of anticipated demand, existing and future parking use, and costs for proposed off - street parking structures to be built in coordination with plans being formulated as part of the Central Business District Renewal Program and together with an evaluation of the financial feasibility of the construction of such parking structures upon three proposed sites; and WHEREAS, said Board of Public Works and Safety approves said recommendations in particular as to Site I located at the Southeast Corner of Colfax and Main Streets and Site III located at the Northwest Corner of St. Joseph Street and Jefferson Boulevard and wishes to proceed with the construction of said off - street parking structures in accordance with authorization contained in Chapter 190, Acts of the Indiana General Assembly of 1955. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF SOUTH BEND, INDIANA, That it hereby recommends to the Common Council of said City: 1.. That the feasibility study for municipally- operated parking program prepared by Area Plan Commission of St. Joseph County, Ind. and Harland Bartholomew and Associates of Memphis, Tennessee filed with the Board of Public Works and Safety on November 27, 1967, together with the recommendation therein contained, be accepted and approved. 2. That the City of South Bend proceed in accordance with authorization contained in Chapter 190 of the Acts of the Indiana General Assembly of 1955 to acquire the land and construct a semi - enclosed deck, self park type structure with attendant pay booths for municipal parking, the first such structure to be located upon Site I at the Southeast Corner of Colfax and Main Streets and the second structure to be located upon Site III at the Northwest Corner of St. Joseph Street and Jefferson Boulevard. 3. That the City of South Bend give consideration, in the design of these facilities, to the possible use of the ground floor level for office or commercial establishments and such ground floor uses to be integrated with the Downtown Renewal Program. Also, that a rate schedule be established that will en- courage usage of the proposed facilities. BE IT FURTHER RESOLVED, that the Board of Public Works and Safety seek approval of these recommend- ations by the Common Council of said City and the Clerk of said Board is instructed to present said Resolution to the Common Council for its acceptance or rejection at its next regular or special meeting. ADOPTED this 21st day of February, 1968. BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF SOUTH BEND, INDIANA /s/ Arthur W. Frisk /s/ Lloyd S. Taylor /s% James A. Bickel ATTEST: /s/ Doris Allen Cle 'rk REGULAR MEETING R 26, 1968 RESOLUTION (continued) NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: That the above and foregoing recommendations contained in said resolution of the Board of Public Works and Safety be, and they are hereby, approved by the Common Council of said City and said Board is hereby authorized to proceed with the acquisition of land and the construction of said off - street parking structures in accordance with authorization contained in Chapter 190, Acts of the Indiana General Assembly of 1955. The said off - street parking structures to be located on Site I at the Southeast Corner of Colfax and Main Streets and Site III at the Northwest Corner of St. Joseph Street and Jefferson Boulevard. /s/ Robert 0. Laven Councilman Allen offered an amendment. Amendment defeated by 5 to 4 vote. Councilman Laven moved the Resolution be amended as follows: Page 2 - Line 5 of the Council's resolution itself which begins Now Therefore... delete the following phrase: "with the acquisition of land and the construction of said off - street parking structures." Motion approved 9 to 0. Councilman Reinke made a motion that the Resolution be adopted as amended. Councilman Craven seconded the motion. Motion carried. 5 to 4 Vote. RESOLUTION NO. 180 -68 RESOLUTION OF LOCAL GOVERNING BODY APPROVING REQUEST FOR FINANCIAL ASSISTANCE TO PLAN AND DEVELOP A COMPREHENSIVE CITY DEMONSTRATION PROGRAM WHEREAS the City of South Bend, Indiana desires to undertake a comprehensive city demonstration program to rebuild or revitalize blighted and deteriorating areas and generally improve living condidtions for the people who live in such areas; and WHEREAS the Secretary of Housing and Urban Development (hereafter referred to as the "Secretary ") is authorized pursuant to Title I of'The Demonstration Cities and Metropolitan Development Act of 1966 to make grants to, and contract with, City Demonstration Agencies to pay up to 80 percent of the costs of Planning and developing such comprehensive city demonstration programs: NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: Section 1. Approval is hereby granted (1) for the submission by the City of South Bend, Indiana of a request for financial assistance for the planning and development of a comprehensive city demonstration program; (2) for the provision of any information or documentation concerning the preparation and content of such program as may be required by the Secretary; and (3) for the representation by Lloyd M. Allen, Mayor, or his lawful successor, as the authorized representative empowered to act on behalf of the City of South Bend, Indiana in connection with all matters pertaining to the request for financial assistance. Section 2. The City of South Bend, Indiana hereby agrees to comply with the regulations of the Secretary effectuating Title VI of the Civill'Rights Act of 1964, which provide that no person shall, on the ground of race, color or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination in the undertaking of any of the projects or activities assisted under Title I of the Demonstration Cities and Metropolitan Development Act of 1966. Adopted this 26th day of March, 1968 /s/ Robert 0. Laven Councilman Szymkowiak made a motion that the Resolution be adopted by a roll call vote. Councilman Grounds seconded the motion. Motion carried. 9 ayes, (Councilmen Laven, Allen, Craven, Reinke, Ground, Szymkowiak, Wise, Palmer, and Zielinski). 0 nayes, 0 absent. There being no further business to come before the Council, Councilman Palmer made a motion to adjourn. Councilman Wise seconded the motion. Motion carried. Time: 10:50 P.M. ATTEST: APPROVED: i PRESIDENT