Loading...
HomeMy WebLinkAbout03-28-60 Council Meeting MinutesBe it remembered that the Common Council of the City of South Bend, Indiana, met in Regular Session in the Council Chambers, City Hall, Monday, March 28, 1960, at 8:25 P.M., with all members present. The meeting was called to order by President Joseph T. Kroll, who presided. f)f1T T. rAT T . PRESENT: Councilmen Kroll, Ladewski, Tellson, Coleman, Glass, Krueper, Lehman and Muszynski. ABSENT: 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 inspect the minutes of the previous meeting of the Council and found them correct. They therefore recommend that the same be approved. T. W. Lehman Joseph T. Kroll Committee Albert Tellson South Bend, Inc., March 28, 1960 Minutes of Meeting of March 14, 1960. Councilman Glass made a motion that the report be accepted and placed on file. Councilman Ladewski seconded the motion. Motion carried. COMMUNICATION Common Council of South Bend City Hall South Bend, Indiana March 15, 1960 Gentlemen: On March 10, two registered civil engineers, affiliated with our company, heard Mr. Verner L. Lane, the Building Commissioner, discuss, and describe and analyze the proposed new South Bend Building Code. They both whole - heartedly agree that this proposed code should be adopted at the earliest possible moment. As a contractor of fifty years experience, I feel that it is time that this should be done. The present code has been in existence since 1925, and I honestly think that with the advance in construction know -how and the improvement in the varied materials that ga into a building, the proposed code should be approved without delay. Mr. Lane has done an excellent job as our Building Commissioner and, too, has spent countless hundreds of extra hours in analyzing our needs in reference to the code, and I feel that we should listen to and adopt his recommenda- tion. Very truly yours, THOS. L. HICKEY, INC. TLH :ec /s/ Thos L. Hickey Councilman Glass made a motion that the Communication be accepted and placed on file. Councilman Muszynski seconded the motion. Motion carried. PETITION Petition of Joseph Lee to rezone land at 1215 South Bend Avenue. Councilman Tellson made a motion that the petition be referred to the Civic Planning Association. Councilman Allen Seconded the motion. Motion carried. REPORT OF CONTROLLER FOR THE MONTH OF FEBRUARY, 1960. Balance on Hand February 1, 1960-------------------------------------------------------- - - - - -- -- - - - - -- $2,860,954.41 Receipts during Month ---------------------------------------------------------------------------------- $1,419,634.82 Disbursements during Month ---------------------------------------------------------------------------- $1,260,90c8.61 Balance on Hand February 29, 1960 ---------------------------------------------------------------------- $3,019,680.62 Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Lehman seconded the motion. Motion carried. REPORT OF THE 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 N0. 3702, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (REAL ESTATE INVOLVED LOCATED ON WILLIAMS STREET, NAVARR.E STREET AND PORTAGE AVENUE), Respectfully report that they have examined the matter and that: Motion made by Council- man Coleman, seconded by Councilman Allen, that Ordinance be withdrawn. Motion carried. / s / T. W. Lehman, Chairman March 28, 1960. Councilman Tellson made a motion that the report be accepted and placed on file. Councilman Ladewski seconded the motion. Motion carried. REPORT OF THE 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, 'COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (Byer Street - -- Hartman Builders, Inc., Petition), Respect- fully report that they have examined the matter and that in their _opinion IT SHOULD BE REPORTED FAVORABLE. /s/ T. W. Lehman, Chairman March 28, 1960 Councilman Glass made a motion that the report be accepted and placed on file. Councilman Allen seconded the motion. Motion carried. a�z+v Va.uaa� a'aa+a+�. r.a�v REPORT OF THE 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 1959 GENERAL STREET IMPROVEMENT FUND $588.00, Respectfully report that they have examined the matter and that in their opinion IT SHOULD BE REPORTED favorable. /s/ T. W. Lehman, Chairman March 28, 1960. Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Lehman seconded the motion. Motion carried. REPORT OF THE COMMITTEE OF TSE 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 MORRIS CIVIC AUDITORIUM, $20,000.00, Respectfully report that they have examined the matter and that in their opinion IT SHOULD BE REPORTED favorable. /s/ T. W. Lehman, Chairman March 28, 1960. Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman .Lehman seconded the motion. Motion carried. ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 3702, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (REAL ESTATE INVOLVED LOCATED ON WILLIAMS STREET, NAVARRE STREET AND PORTAGE AVENUE) Councilman Coleman made a motion that the Ordinance be stricken from the record. Councilman Allen seconded the motion. Motion carried. ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 3702, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (Byer Street --- Lincolnway West) The Ordinance was given third reading and lost by a roll call vote of 5 ayes, 4 nays (Councilmen Kroll, Coleman, Ladewski and Krueper). ORDINANCE NO. 4308 - - -60 AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS IN 1959 GENERAL STREET IMPROVEMENT FUND $588,00 The Ordinance was given third reading and passed by a roll call vote of 9 ayes, 0 nays. ORDINANCE NO. 4309 - - -60 AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS IN MORRIS CIVIC AUDITORIUM $20,000.00 The Ordinance was given third reading and passed by a roll call vote of 9 ayes, 0 nays. REPORT OF THE CITY PLANNING COMMISSION The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: March 28, 1960 The attached petition of Place and Company, Inc., et al, to zone the following recently annexed parcels of land: To "C " Commercial Use and ":'C " Height and Area District the property beginning at the Crest Quarter Section corner of Sec. 30, T37N, R3E; thence east 250 feet; thence south 250 feet parallel with the west line of said Section 30; thence west 250 feet parallel with the east and west centerline of said Section 30; thence north 250 feet to the place of beginning containing 1.43 acres, more or less; To "C -2 Commercial Use the property beginning 250 feet east of the West Quarter Section Corner of Sec. 30, T37N, R3E; thence east 1,600 feet; thence south 1,318.35 feet, more or less, to the south line of the North 2 of the South 2 of said Sec. 30; thence west 1,850 feet, to the west line of said Section 30; thence north 1,066.9 feet; thence east 250 feet parallel to the east and west centerline of said Section 30; thence north 250 feet to the place of bsginning containing 54.53 acres, more or less; To "A " Residential Use and "A " Height and Area District the property beginning 1,850 feet east of the West k Section Corner of Sec. 30, T37N, R3E; thence east 2,087.49 feet, more or less, to the northeast corner of the NW w of the SE'k of said Sec. 30; thence south 1,322 feet, more or less, to a point on the south line of the said NEJ4- .of the SE2 of said Sec. 30, and which point is the southeast corner of the NW4 of the SE4 of said Sec. 30; thence west 2,091.53 feet, more or less, to a point 1,850 feet east of the west line of said Sec. 30; thence north 1,313.35 feet, more or leas, to the place of beginning containing 63.31 acres, more or less, was legally advertised on February 22, 1960 and given public hearing under date of March 3, 1960. The following action was taken: After consideration of the evidence and a thorough discussion, the Commission made the following findings on "C -2 ": 1. That the intent of the Common Council as set forth in Section 4 -B, 1 (c) of Ordinance No. 3702 will be effectual by zoning the subject property to "C -2 " District;. 2. That there,does not now exist in subject property any use which would be non - conforming under the terms of Section 4 -B; 3. That subject property contains more than 3 acres; 4. That the subject property has an average width in excess of 200 feet and all boundary lines are in excess of 100 feet in length; l�d arjuuL,t11C 11L'�t11V11 5. That the subject property does not lie on two sides of a public street or alley; L'IftW n 40, LVOV 6. That the proponents of the proposed shopping center have submitted an economic analysis prepared by Homer Hoyt Associates, Consulting Real Estate Economists, 3636 16th Street, N.W., Washington, 10, D. C., and that said Homer Hoyt Associates is acceptable to the Commission as being completely qualified as experts and reputable analysts and that on the basis of the market analysis as submitted the shopping center of the proposed size on subject property is both needed and feasible; 7. That the proponents of the shopping center have submitted a traffic analysis which is sound in method, and was prepared by Clem F. Hazinski, City Traffic Engineer, and which is acceptable to the Commission; S. That the proposed commercial district will serve the surrounding residential districts and, by virtue of a consolidated commercial area, will reduce parking and traffic congestion to a minimum; 9. That the proponents have submitted a tentative development plan of the proposed shopping center, which is acceptable as a development plan, and that said plan meets the requirements of Sub - Sections 5, 7, 8, 9, 12, and all other sections applicable, of Ordinance No. 3702, Section 4 -B, and should be given tentative approval; 10. That the proponents have sufficient financial responsibility to carry the proposals to completion; 11. That shopping center on subject property will be conveniently accessible and will further the general welfare; 12. That i1strip" and "spot zoning ", with their social and economic waste and lessening of the amenities of resi- dential neighborhoods, will be discouraged within the primary trade area of the proposed shopping center; 13. That, because of required and proposed front, side and rear yard set backs and planting screen barriers on subject property, there will be no unsightly view which would adversely affect the properties in the resident! area; 14. That City sewers adjacent to the site are adequate in present and future capacity to accomodate the proposed center. Adequate City Water is likewise available; 15. That the subject petition complies with the intent of and meets the applicable conditions of Section 4 -B, Sub- section "C -2 ", of Ordinance No. 3702, as required before a zoning change is granted. It was therefore duly moved, seconded and carried that the "C -2" Commercial part of the petition be favorably recommended to the Common Council. After due consideration the Commission found that the best possible use for the property located at the southeast corner of Ireland and Miami Roads was commercial. It was therefore duly moved, seconded and carried that the "C" Commercial part of the petition be favorably recommen ed to the Common Council. After due consideration the Commission found that the best possible use for the 63.31 acres proposed by the petition for residential use was residential. It was therefore moved, seconded and carried that the "A" Residential part of the petition be favorably recommended to the Common Council. Very truly yours, CITY PLANNING COMMISSION /s/ Robert L. Huff Robert L. Huff, Director - Secretary RLHImah Attachs. Councilman Tellson made a motion that the report be accepted and placed on file. Councilman Allen seconded the motion. Motion carried. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702, AS HERETOFORE AMENDED AND SUPPLEMENTED (Petition of Place and Company to zone recently annexed land) The Ordinance was given first reading by title and second reading in full. Councilman Lehman made a motion that the Ordinance be set for public hearing on April 11, 1960. Councilman Krueper seconded the motion. Motion carried. ORDINANCE AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS IN 1959 GENERAL STREET IMPROVEMENT FUND $3,500.00 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 April 11, 1960. Councilman Muszynski seconded the motion. Motion. carried. ORDINANCE AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS IN FIRE DEPARTMENT $1,200.00 AND CONTROLLER'S OFFICE $700.00 The Ordinance was given first reading big title and second reading in full. Councilman Coleman made a motion that Ordinance be set for public hearing on April 11, 1960. Councilman Ladewski seconded the motion. Motion carried. ORDINANCE NO. 4310 - - -60 AN ORDINANCE APPROVING CONTRACTS BETWEEN THE BOARD OF PUBLIC WORKS & SAFETY OF THE CITY OF SOUTH BEND AND B u G CONSTRUCTION COMPANY, INC., FOR $74,269.00; ENGINEERING CONSTRUCTION CORPORATION FOR $35,944.75; AND JAMES B. CLOW & SONS FOR 69,263.72. The Ordinance was given first reading by title and second reading in full. Councilman Muszynski made a motion for suspension of rules. Councilman Allen seconded the motion. Motion carried by a roll call vote of 9 ayes, 0 nays. The Ordinance was then given third reading and passed by a roll call vote of 9 ayes, 0 nays. R E S O L U T I O N WHEREAS, God-, in His Infinite wisdom has called from this life ROBERT L. OARE; and, WHEREAS, he was known as an outstanding Civic Leader, and gave unstintingly of his time and effort to the betterment of this Community; and, WHEREAS, South Bend has been a better place to live due to his unselfish devotion to its welfare; and, WHEREAS, his death has been a great loss to the City of South Bend, and its environs, for which he dedicated his life; and, WHEREAS, the.City has been deprived of an able and outstanding citizen; and, WHEREAS, his death has brought much grief and sorrow to his family, relatives and many friends. NOW, THEREFORE, BE IT RESOLVED, That we, the Common Council of the City of South Bend, do hereby extend to the entire family of ROBERT L. OARE, our sincere sympathy in this their deepest hour of sorrow; and, BE IT FURTHER RESOLVED that a page in the Council records of the City of South Bend be set aside and this resolution be copied therein and a copy, duly certified by the Clerk, be sent to the bereaved. JOSEPH T. KROLL WALTER GLASS J. CHESTER ALLEN HAROLD L. COLEMAN CHESTER E. MUSEYNSKI DATED. March 28, 1960. EUGENE LADEWSKI PAUL E. KRUEPER, JR. T. W. LEHMAN ALBERT TELLSON Councilman Muszynski moved for adoption of the Resolution. Councilman Allen seconded the motion. Motion carried unanimously. resolution Adopted. M REGULAR MEETING MARCH 28, 1960 19a mer Councilman -at -Large George W. Carr, now residing in Burbank, California, was present in the Council mbers and was introduced by President Kroll. The Council recognized Mr. Carr. re being no further business before the Council, Councilman Lehman made a motion to adjourn.. Councilman zynski seconded the motion. Motion carried and the Regular Meeting of the Common Council adjourned at 9:16 P.M. APPROVED: f U' \