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HomeMy WebLinkAbout08-26-68 Council Meeting MinutesREGULAR MEETING AUGUST 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 Monday, August 26, 1968 at 10:04 P.M., nine members present, (Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Wise, Palmer, and Zielinski). None absent. The Meeting was called to order by President Robert 0. Laven, who presided. ROLL CALL PRESENT: Councilman Laven, Allen, Craven, Reinke, Grounds, 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 August 12, 1968 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, Indiana: Your Committee of the Whole to whom was referred "AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA 1962, SECTION 40 AS AMENDED AND GENERAL ORDINANCE NO. 4990 -68, AND THE ACCOMPANYING MAP THERETO, GENERALLYKNOWN AS THE SOUTH BEND ZONING ORDINANCE BY CHANGING THE CLASSIFICATION OF THE USE DISTRICT FOR A CERTAIN PARCEL OF LAND ". (Michigan and Woodside) 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 objection, 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 M -252, "REPAIRS OF EQUIPMENT" IN THE AMOUNT OF $150.00 AND THE TRANSFER OF SAID SUM FROM ACCOUNT M -722, "MOTOR EQUIPMENT" IN THE BUILDING DEPARTMENT, ALL BEING 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/ William W. Grounds Chairman There being no objection, the report was accepted as read, and placed on file. 9 REGULAR MEETING` AUGUST 26, 1968 REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend, Indiana: Your Committee of the Whole to whom was referred "AN ORDINANCE APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING EXPENSES OF ALL BUDGET 'OPERATED DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BE- GINNING JANUARY 1, 1969, AND ENDING DECEMBER 31, 1969, INCLUDING DEPARTMENTS, FUNDS, AND COMKISSIONS FOR WHICH MONEY IS APPROPRIATED IN WHOLE OR IN PART, FROM THE GENERAL FUND AND FROM FUNDS OTHER THAN THE GENERAL FUND, OF SAID CITY TO -WIT: PARK DEPARTMENT, FIREMEN'S PENSION FUND, POLICE PENSION FUND, URBAN REDEVELOPMENT FUND, URBAN REDEVELOPMENT BOND FUND, HUMAN RELATIONS AND FAIR EMPLOYMENT PRACTICES COMMISSION FUND, BUILDING DEMO- LITION, REPAIR AND CONTINGENT FUND, PARK DISTRICT FUND, GENERAL SINKING FUND, HOSPITAL FUND, ART ASSOCIATION FUND, MOTOR VEHICLE HIGHWAY FUND AND THE CUMULATIVE CAPITAL IMPROVEMENT FUND: PROVIDING THAT SUCH APPROPRIATIONS SHALL INCLUDE OUTSTANDING CLAIMS AND OBLIGATIONS: FIXING THE SALARIES OF ALL CITY OFFICIALS AND EMPLOYEES, RE- PEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT'HEREWITH: PROVIDING A TIME WHEN THE SAME SHALL TAKE EFFECT." AS AMENDED. Respectfully report that they have examined the matter and that in their opinion the Ordinance go to the Council as favorable, As amended. /s/ William W. Grounds Chairman There being no objection, 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 LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSE FOR THE FISCAL YEAR ENDING DECEMBER 31, 1969." Respectfully report that they have examined the matter and that in their opinion the Ordinance go to the Council as favorable, as amended. /s/ William W. Grounds Chairman There being no objection, the report was accepted as read, and placed on file. REPORT OF CITY CONTROLLER The Report of the City Controller for the month of July, 1968 was submitted to the Council; each Councilman having received a copy of the report prior to the meeting. There being no objection, the report was accepted as read, and placed on file. REPORT OF AREA PLAN COMMISSION August 22, 1968 The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: The attached rezoning petition of Dale and Mabel Rowe, et al, was legally advertised under date of June 8 and 15 and given public hearing on June 18, 1968. The following action was taken on August 20, 1968: After considerable discussion of the rezoning, it was moved, seconded, and carried that the ordinance and site development plan be recommended favorable to the Common Council subject to the following: 1. The easterly access drive off of Ireland Road be eliminated. 2. Assurance that the necessary circulation and traffic control improvements, as shown on the attached drawing, can be completed prior to the opening of the center. 3. The fencing shown along the north side of the property shall be chain link fencing at a minimum of six feet in height. 4. The site plan shall show a stub street to the west which can eventually be connected with the existing Norman Street. Attached hereto and made a part of this report are excerpts from the minutes of Area Plan Commission meetings as they pertain to this petition. Very truly yours, John K. Wilson, Executive Director REGULAR MEETING AUGUST 26 1968 REPORT OF ORDINANCE OOMMITTEE To the Common Council of the City of South Bend: Your Ordinance Committee to whom was referred "AN ORDINANCE AMENDING CHAPTER 20, ARTICLE I, OF THE SOUTH BEND, INDIANA, MUNICIPAL CODE, 1962 ". (BOCA Basic Housing Code) Respectfully report that they have examined the matter and that in their opinion the Committee recommends third reading on the Ordinance be held August 26, 1968. /s/ Robert 0. Laven Chairman There being no objection, the report was accepted as read, and placed on file. PETITIONS Ale, the undersigned, do hereby respectfully make application and petition the South Bend Common Council 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 southeast corner of Lincoln Way West and Sheridan Avenue, South Bend, Indiana. 2. The property is owned by Matthew J. Nowak and Clara M. Nowak, subject to option to purchase in Sunray DX Oil Company. 3. A legal description of the property is as follows: A tract of land located in the Southwest Quarter of the Southeast Quarter of Section 33, Township 38 North, Range 2 East and the Northwest Quarter of the Northeast Quarter of Section 4, Township 37 North, Range 2 East, more particularly described as follows: Beginning on the south line of Lincoln Way West at a point 35 feet east and 73.9± feet north of the quarter section corner in the north line of Section 4, Township 37 North, Range 2 East; thence south parallel and 35 feet east of the North -South centerline of said sections 33 and 4, a distance of 344.01 feet to a point of curve; thence southeasterly along a 337.73 foot radius curve to the left, an arc distance of 90.13 feet; thence southeasterly, tangent to the afore said curve a distance of 113.58 foot radius curve to the right an arc distance of 19.58 feet; thence east a distance of 94.4 feet; thence north a distance of 458.10 feet to the south line of Lincoln Way West; thence northwesterly along said south line of Lincoln Way West, a distance of 150.44 feet to the place of beginning. Attached, as Exhibit "1 ", is the petition of the Fiweks, the Benassis, the Vogts and the Reillys requesting the Common Council and the Area Planning Commission to initiate proceedings to rezone their property (adjoining the Nowak property on the east side thereof) to "C" Commercial. 4. It is desired and requested that the foregoing property be rezoned: From B Residential Use and A Height and Area District To 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. Automotive gasoline station. 6. Number of off street parking spaces to be provided. Nine 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/ Clara M. Nowak /s/ Matthew J. Nowak Signature of Petitioner 18843 Oldham Ct. Address SUNRAY DX OIL COMPANY Councilman Reinke made a motion the petition be referred to the Area Plan Commission. By, /s/ Joseph A. Roper Councilman Palmer seconded the motion. Motion Attorney and Agent 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, 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 3004 East Edison Road and is generally located between Rockne Drive and Brummitt Lane, South Bend, Indiana. 2. The property is owned by St. Joseph Valley Nursing Home Inc. 3. A legal description of the property is as follows: REGULAR MEETING AUGUST 26 1968 PETITIONS (continued) A parcel of land in St. Joseph County, Indiana described as beginning at the North West 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 785 feet; thence Easterly parallel with the North line of said Section a distance of 267.3 feet; thence North parallel with West line of said North East Quarter a distance of 576.44 feet; thence West 195.3 feet; thence North 208.56 feet to the North line of said Section; thence West along the North line of said Section a distance of 72 feet to the place of beginning. From A Residential Use and A Height and Area District. To B 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 building will be constructed. A Nursing Home consisting of one building, one story, 50 bed unit. 6. Number of off street parking spaces to be provided. Fifty -six (56) 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. ST. JOSEPH VALLEY NURSING HOME, INC. By: B. M. Sancelo Signature of Petitioner 2254 Portage Avenue, South Bend, Ind. 46618 Joseph T. Helling Councilman Grounds made a motion the petition be referred to the Area Plan 224 West Jefferson Blvd. Commission. Councilman Szymkowiak seconded the motion. Motion carried. South Bend, Indiana, 46601 Petition prepared by Phone: 232 -2031 ORDINANCES, THIRD READING ORDINANCE NO. 5031 -68 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA -1962, SECTION 40 AS AMENDED AND GENERAL ORDINANCE NO. 4990 -68, AND THE ACCOMPANYING MAP THERETO, GENERALLY KNOWN AS THE SOUTH BEND ZONING ORDINANCE BY CHANGING THE CLASSIFICATION OF THE USE DISTRICT FOR A CERTAIN PARCEL OF LAND. (Michigan and Woodside) The Ordinance was given third reading and passed by a roll call vote of 9 ayes, (Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Wise, Palmer, and Zielinski). 0 absent. ORDINANCES, THIRD READING ORDINANCE NO. 5027 -68 AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION TO ACCOUNT M -252, "REPAIRS OF EQUIPMENT" IN. THE AMOUNT OF $150.00 AND THE TRANSFER OF SAID SUM FROM ACCOUNT M -722, "MOTOR EQUIPMENT" IN THE BUILDING DEPARTMENT, ALL BEING WITHIN THE GENERAL FUND. The Ordinance was given third reading and passed by a roll call vote of 6 ayes, (Councilmen Laven, Reinke, Szymkowiak, Wise, Palmer, Zielinski) 3 nays, (Councilman Allen; Craven, and Grounds), 0 absent. ORDINANCES, THIRD READING ORDINANCE NO. 5028 -68 AN ORDINANCE APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF ALL BUDGET OPERATED DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1969, AND ENDING DECEMBER 31, 1969, INCLUDING DEPARTMENTS, FUNDS, AND COMMISSIONS FOR WHICH MONEY IS APPROPRIATED IN WHOLE OR IN PART, FROM THE GENERAL FUND AND FROM FUNDS.OTHER THAN THE GENERAL FUND, OF SAID CITY TO -WIT: BARK DEPARTMENT, FIREMEN'S PENSION FUND, POLICE PENSION FUND, URBAN REDEVELOP- MENT FUND, URBAN REDEVELOPMENT BOND FUND, HUMAN RELATIONS AND;."FAIR EMPLOYMENT PRACTICES COMMISSION FUND, BUILDING DEMOLITION, REPAIR AND CONTINGENT FUND, PARK DISTRICT FUND, GENERAL SINKING FUND, HOSPITAL FUND, ART ASSOCIATION FUND, MOTOR VEHICLE HIGHWAY FUND AND THE CUMULATIVE CAPITAL IMPROVEMENT FUND: PROVIDING THAT SUCH APPROPRIATIONS SHALL INCLUDE OUTSTANDING CLAIMS AND OBLIGATIONS: FIXING THE SALARIES OF ALL CITY OFFICIALS AND EMPLOYEES, REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH: PROVIDING A TIME WHEN THE SAME SHALL TAKE EFFECT. AS AMENDED The Ordinance was given third reading and passed by a roll call vote of 9 ayes, (Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Wise, Palmer, and Zielinski). 0 absent. REGULAR MEETING ORDINANCES, THIRD READING ORDINANCE NO. 5029 -68 AN ORDINANCE LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSE FOR THE FISCAL YEAR ENDING DECEMBER 31, 1969. AS AMENDED AUGUST 26, 1968 The Ordinance was given third reading and passed by a roll.call vote of 9 ayes, (Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Wise, Palmer, and Zielinski). 0 absent. ORDINANCE NO. 5030 -68 AN ORDINANCE AMENDING CHAPTER 20, ARTICLE I, OF THE SOUTH BEND, INDIANA, MUNICIPAL CODE, 1962. AS AMENDED (BOCA Basic Housing Code) The Ordinance was given third reading and passed by a roll call vote of 6 ayes, (Councilman Laven, Reinke, Grounds, Szymkowiak, Palmer, and Zielinski) 3 nays, (Councilman Allen, Craven, and Wise). 0 absent. ORDINANCES, FIRST AND SECOND READING ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE 4990 CHAPTER 40 MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA. (North side Ireland Road between Ireland Road and Walter St.) The Ordinance was given first reading by title and second reading in full. Councilman Grounds made a motion the Ordinance be set for public hearing on September 9, 1968. Councilman Zielinski seconded the motion. Motion carried. There being no further business to come before the Council, Councilman Wise made a motion to adjourn, Councilman Palmer seconded the motion. Motion carried. Time: 10:27P.M. ATTEST: CLERK s APPROVED: PRESIDENT