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HomeMy WebLinkAbout01-27-69 Council Meeting Minutesle at REGULAR MEETING REGULAR MEETING JANUARY 27, 1969 JANUARY 27, 1969 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 27, 1969, at 8:38 p.m., eiglt members present, one absent. The meeting was called to order by Council- President, Robert 0. Laven, who presided. ROLL CALL Present: Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Palmer and Zielinski. Absent: Councilman Wise REPORT OF COMMITTEE ON MINUTES 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/ Robert O. Laven /s/ Janet S. Allen /s/ Albert E. Palmer Minutes of meeting of January 13, 1969 CITIZENS REQUESTS - MISCELLANEOUS MATTERS Council- President Laven announced that the meeting was open at this time to anyone present who wished to be heard. There were no requests. PETITIONS PETITION TO AMEND ZONING ORDINANCE LOCATION: 731 ROSE STREET (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 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 at 731 Rose Street, South Bend Indiana, consists of approximately three (3) acres of ground of a dog leg geography bounded on the East by Riverside Drive, on the South by the River- side Apartment complex, on the West by Cushing Street and on the North by a line of utility poles constituting public utility easement. The East boundary also consists partially of a North South alley, which is non existent on the ground but shows on the plat of the property and partially on the North by the South boundary of Rose Street. 2. The property is owned by Stephen G. Boskey and Velma A. Boskey, husband and wife, Harry R. Robe and Phyllis Robe, husband and wife, and William H. Dunfee and William E. Ramsey, as Tenants in common, Arnold Golden, Optionee 3. A legal description of the property is as follows: Lot Numbered 225 as shown on the recorded Third Plat of North West Addition to the City of South Bend, together with the North one -half of the vacated alley lying South of and adjacent to said lot and the vacated 14 feet alley lying East of and adjacent to said lot. Also Lots Numbered 228 and 235 as shown on the recorded Third Plat of North West Addition to the City of South Bend, as recorded in Plat Book 9, page 60 of the records of St. Jeseph County, Indiana. Also-a part of the North fraction of the Southeast Quarter of Section 35, Township 38 North, Range 2 East, described as follows: Beginning at a point 1092 feet East and 113 feet North of the Southwest corner of the North Half of said North fraction of the Southeast Quarter of Section 35, (which beginning point is 14 feet East of the Northeast corner of Lot Numbered 225 as shown on the Third Plat of North West Addition to the City of South Bend as recorded in Plat Book 9, page 60 of the records of St. Joseph County, Indiana); thence South 135 feet; thence East 166 feet to the Westerly line of Riverside Drive, as now located; thence Northeasterly, along the Westerly line of said Riverside Drive, to a point on the South line of Rose Street, as now located, due East of the place of beginning; thence West to the place of beginning, and being known as Lot Number - ed226 on a proposed plat of North West Addition to the City of South Bend. 4. It is desired and requested that the foregoing property be rezoned: From "A" Residential Use and "A" Height and Area District To "B" Residential Use and "G" Height and Area District REGULAR MEETING JANUARY 27, 1969 5. It is proposed that the property will be put to the following use and the following building(s) will be constructed (include number of dwelling units if residential.) A High Rise Luxury Apartment of dwelling units is 79. 6. Number of off street parking 7. Attached is a copy of: a) an surrounding properties; b) m corporations owning property c.) site development plan Building with an enclosed parking complex. The number spaces to be provided is 118. existing plot plan showing the property and other ames and addresses of all the individuals, firms or within 300 feet of the property sought to be rezoned; Stephen G. Boskey Velma A. Boskey Harry R. Robe Phylis Robe William H. Dunfee William E. Ramsey Arnold Golden Signature of Petitioner's By s/s Robert J. DuComb Robert J. DuComb, Attorney Petition prepared by Robert J. DuComb, Attorney and Oliver H. Ogden, Architect. REPORT OF CITY CONTROLLER The reports of the City Controller for the month of December, 1968 and the Year, 1968 were submitted to the Council. A corrected report will be submitted at the next meeting. 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 LEGALIZING THE PRESENCE OF MINORS UNDER AGE 18. ( CURFEW ORDINANCE )" 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 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 AMENDING AND SUPPLEMENTING ORDINANCE 4990 -68, REZONING (LOCATION: IRONWOOD AND EDISON)" 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 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 APPROVING A CONTRACT FOR PURCHASE OF AN ASSORTMENT OF WATER METERS $56,539.40 (HERSEY- SPARLING METER CO.)" 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 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 APPROVING A CONTRACT FOR PURCHASE OF AN ASSORTMENT OF WATER METERS $7,097.30 (BADGER METER MFG. CO.) 1,35 REGULAR MEETING JANUARY 27,1969 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 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 APPROVING A CONTRACT FOR THE PURCHASE OF AN ASSORTMENT OF WATER METERS $10,502.20 (GAMON /CALMET METER DIVISION) Respectfully report that they have examined the matter and that in their opinion the Ordinance go to the Council as favorable-s as amended. /s/ William W. Grounds ORDINANCES, THIRD READING ORDINANCE NO. 5053 -69 AN ORDINANCE REGULATING THE PRESENCE OF MINORS UNDER THE FULL AGE OF EIGHTEEN (18) YEARS ON PUBLIC STREETS AND OTHER PUBLIC PLACES BETWEEN CERTAIN HOURS, WITH EXCEPTIONS. DEFINING RESPONSIBILITIES OF PARENTS OR GUARDIANS OR OTHER HAVING THE LEGAL CARE AND CUSTODY OF MINORS UNDER THE FULL AGE OF EIGHTEEN (18) YEARS AND PROVIDING FOR PENALTIES AND ARRESTS FOR VIOLATION THEREOF, DESCRIBING CERTAIN PROCEDURES IN THE APPRE- HENSION AND PROCESSING OF SUCH MINORS UNDER THE FULL AGE OF(18) YEARS AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, AS AMENDED. The Ordinance was given third reading and passed by a roll call vote, 8 ayes, (Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Palmer and Zielinski) 0 nays, 1 absent (Councilman Wise) A motion was made by Councilman Reinke that copies of the ordinance be sent to the South Bend Community School Corporation and to Parochial School authorities where they can be distributed to each school for posting on their bulletin boards. The Clerk was instructed to make enough copies for distribution to the schools. The motion was seconded by Councilman Palmer. Motion carried. ORDINANCES, THIRD READING ORDINANCE NO. 5054 -69 AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE 4990 (CHAPTER 40 MUNICIPAL CODE) OF THE CITY OF SOUTH BEND, INDIANA. (AN ORDINANCE AFFECTING THE ZONING OF APPROXI- MATELY 2.8 ACRES OF LAND, 262.5 FEET EAST AND WEST BY 448 FEET NORTH AND SOUTH LYING APPROXIMATELY 290 FEET FROM THE WEST LINE OF IRONWOOD DRIVE, AND 172 FEET NORTH OF THE NORTH LINE OF EDISON ROAD, IN THE CITY OF SOUTH BEND, INDIANA) The Ordinance was given third reading and passed by a roll call vote, 8 ayes, (Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Palmer and Zielinski) 0 nays, 1 absent (Councilman Wise) ORDINANCES, THIRD READING ORDINANCE NO. 5055 -69 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, 1969 TO FEBRUARY 77,:1970 IN THE AMOUNT OF $56,539.40 AS AMENDED. The Ordinance was given third reading and passed by a roll call vote, 8 ayes, (Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Palmer and Zielinski) 0 nays, 1 absent (Councilman Wise) ORDINANCES, THIRD READING ORDINANCE NO. 5056 -69 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, 1969 TO FEBRUARY 7, 1970 IN THE AMOUNT OF $7,097.30, AS AMENDED. The Ordinance was given third reading and passed by a roll call vote, 8 ayes, (Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Palmer and Zielinski) 0 nays, 1 absent (Councilman Wise) [3 REGULAR MEETING JANUARY 27, 1969 ORDINANCES, THIRD READING ORDINANCE NO. 5057 -69 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 AND FOR USE FROM FEBRUARY 7, 1969 TO FEBRUARY 7, 1970 IN THE AMOUNT OF $10,502.20, AS AMENDED. The Ordinance was given third reading and passed by a roll call vote, 8 ayes, (Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Palmer, and Zielinski) 0 nays, 1 absent (Councilman Wise) ORDINANCE, FIRST AND SECOND READING ORDINANCE NO.. 5058 -69 AN ORDINANCE APPROVING A CONTRACT BETWEEN..THE WATER WORKS OF THE CITY OF SOUTH BEND, INDIANA, AND ROCKWELL MANUFACTURING COMPANY, MELROSE PARK, ILLINOIS, FOR THE PURCHASE OF WATER METERS FOR USE FROM FEBRUARY 7, 1969 TO FEBRUARY 7, 1970 IN THE AMOUNT OF $2,246.40. The Ordinance was given first reading by title and second reading in full. Councilman Palmer made a motion for suspensirn of rules because of the urgency of this ordinance. Councilman Reinke seconded the motion.' The motion was carried.. by a roll call vote, 8 ayes, (Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Palmer and Zielinski) 0 nays, 1 absent (Councilman Wise),* *A motion was made by Councilman'Allen for third reading and passage of the ordinance. Motion seconded by Councilman Craven. Motion RESOLUTIONS carried. The ordinance was given third reading and passed by a roll call vote 8 ayes,(Councilmen Laven ,Allen,Craven,Reinke,Grounds, RESOLUTION NO. 204 -69 Szymkowiak,Palmer and Zielinski) 0 nays, 1 absent(Councilman Wise.) A RESOLUTION AUTHORIZING LEASE OF THE FIRE STATION AT 701 PORTAGE AVENUE, TO SOUTH BEND CIVIC THEATRE, INC. WHEREAS, the City of South Bend vacated the fire station located at 701 Portage Avenue, prior to 1968 and has no current use for the premises, and WHEREAS, the South Bend Civic Theatre, Inc., a non profit corporation, dedicated to the production of amateur theatre and education of young people, desires to lease said premises again, for the year of 1969, 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 I. 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 16th day of January, 1969, 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 Member of the Common Council This being the time set for public hearing on the above Resolution, proponents and opponents were given an opportunity to be heard thereon. Councilman Grounds commented on the Theatre Group`s upkeep of the building and how the functions have been well- attended. Councilman Allen made a motion that the Resolution be adopted by roll call vote. Councilman Szymkowiak seconded the motion. Motion carried. 8'ayes, (Councilmen Laven, Allen, Craven, Reinke, Grounds, Szymkowiak, Palmer, and Zielinski) 0 nays, 1 absent (Councilman Wise) UNFINISHED BUSINESS Councilman Szymkowiak called attention to wrecked fencing at the city cememtery along LaPorte Avenue. City Engineer Lloyd Taylor said that an attempt is being made to obtain a settlement of the damages from insurance firms. NEW BUSINESS Council - President Robert 0. Laven asked that a letter in behalf of the Council be sent to the Urban League of South Bend and St.Joseph County in praise of its program of on- the -job trai ing with $120,000 in funds received from the National Urban League. Councilman Laven also stated that he also has sent a letter expressing the Council's appreciation for the gift of the former Studebaker - Worthington Corporation. There being no further business to come before the Council, Councilman Szymkowiak made a motion to adjourn. Councilman Allen seconded the motion. Motion carried. Time: 9:37 p.m. ATTEST: APPROVED: