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HomeMy WebLinkAbout08-08-60 Council Meeting Minutes- - - - - - - - • - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- -.- - - - i - _ - - - - - - - - - - • REGULAR MEETING AUGUST 8, 1960 Be it remembered that the Common Council of the City of South Bend, Indiana, met in Regular Session in the Council Chambers, City Hall, on Monday, August 8, 1960, at 9 :14 P.M., with all members present. The meeting was called to order by President Joseph T. Kroll, who presided. ROLL CALL PRESENT: Councilmen Kroll, Allen, Ladewski, Tellson, Coleman, Glass, Krueper, Lehman and Muszynski. ABSENT: None REPORT OF 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 inspected the minutes of the previous meeting of the Council and found them correct. They therefore recommend that the same be approved. Joseph T. Kroll T. W. Lehman Committee Albert Tellson South Bend, Inc., August 8, 1960 Minutes of Meeting of July 25, 1960 and Meeting of August 1, 1960 Councilman Lehman made a motion that the report be accepted and placed on file. Councilman Krueper seconded the mot Motion carried. REPORT OF TRAFFIC ENGINEER Members of the Common Council City Hall South Bend, Indiana Gentlemen: July 29, 1960 At the July 25th regular meeting of the Common Council, a request was made by Councilman Ladewski to make a survey at the intersection of South Bend Avenue (SR 23) and Edison Road, to determine whether traffic signals would be warranted at that location. Since South Bend Avenue is a State Highway, a request leas been forwarded to the engineer of the LaPorte District of ti Indiana State Highway Department to conduct such a survey. As soon as word is received a report will be made to the Common Council. CFHJf Respectfully submitted, /s/ Clem F. Hazinski Clem F. Hazinski, Traffic Engineer Councilman Ladewski made a motirn that the report be accepted and placed on file. Councilman Muszynski 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 4148 WHICH AMENDED ORDINANCE 3702, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, Respectfully report that they have examined the matter and that in their opinion IT SHOULD BE REPORTED UNFAVORABLE. August 8, 1960. /s/ T. W. Lehman, Chairman Councilman Glass made a motion that the report be accepted and placed on file. Councilman Muszynski 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 ADOPTED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ON THE 14th DAY OF JUNE, 1949, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, Respectfully report that they have examined the matter and that in their opinion the Public Hearing should be continued until September 12, 1960. August 8, 1960. /s/ T. W. Lehman, Chairman Councilman Lehman made a motion that the report be accepted and placed on file. Councilman Allen 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 TO REGULATE AND CONTROL THE SALE AND USE OF PLASTIC COVERINGS OR BAGS, Respectfully report that they have examined the matter and that in their opinion IT SHOULD BE referred to the Ordinance Committee for study and report at the September 12, 1960 meeting of the Council. /s/ T. W. Lehman, Chairman August 8, 1960 Councilman Tellson 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 APPROVING AN AGREEMENT BETWEEN TIE CITY OF SOUTH BEND, INDIANA AND INDIANA & MICHIGAN ELECTRIC COMPANY, Respectfully report that they have examined the matter and that in their opinion IT SHOULD BE REPORTED FAVORABLE. /s/ T. W. Lehman, Chairman August 8, 1960 Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Lehman seconded the motion. Motion carried. ORDINANCE, THIRD READING AN ORDINANCE AMENDING ORDINANCE 4148 WHICH AMENDED AMENDED ORDINANCE 3702, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND (335 Logan Street) The Clerk read the above Ordinance for its third reading and it was lost by a roll call vote of 9 nays, 0 ayes. ORDINANCE NO. 4329 - - -60 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF SOUTH BEND, INDIANA AND INDIANA & MICHIGAN ELECTRIC COMPANY The Clerk read the above Ordinance for its third reading and it was passed by a roll call vote of 9 ayes, 0 nays. REPORT OF CITY PLANNING COMMISSION The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: August 5, 1960 The attached petition of Cecil and Hazel Daniels, et al, to rezone Lot Numbered 309 and Lot Numbered 310 as shown on the recorded Plat of Lincoln Manor Addition to the City of South Bend, Indiana, commonly known as 2806 Lincolnway West, from "B" Residential Use District to "C" Commercial Use District was legally advertised on July 25, 1960 and given public hearing under date of August 4, 1960. The following action was taken: After due consideration the Commission found that the proposed zoning would result in spot zoning and would tend to be an encroachment of commercial use on residential areas. It was therefore duly moved, seconded and unanimously carried that the petition be recommended unfavorably to the Common Council. Very truly yours, /s/ Robert L. Huff Robert L. Huff Director - Secretary RLH /ma.h Attach. Councilman Lehman made a motion that the report be accepted and placed on file. Councilman Allen seconded the motion Motion carried. REPORT OF CITY PLANNING COMMISSION The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: August 5, 1960 The attached petition of Meyer and Ruth Steinberg to rezone Lot Numbered One (1) in Wooded Estates, generally described as 1323 North Ironwood Drive, from `.Al' Residential Use District to "C" Commercial Use District was legally advertised on July 25, 1960 and given public hearing under date of August 4, 1960. The following action was taken: After due consideration the Commission found that the proposed zoning would result in spot zoning and would be a continuation of strip zoning. It was therefore duly moved, seconded and unanimously carried that the petition be recommended unfavorably to the Common Council. Very truly yours, CITY PLANNING COMMISSION /s/ Robert L. Huff Robert L. Huff RLH /mah Attach. Director - Secretary Councilman Allen made a motion that the report be accepted and placed on file. Councilman Krueper seconded the motion. Motion carried. REPORT OF CITY PLANNING COMMISSION The Honorable Common Council August 5, 1960 City of South Bend South Bend, Indiana Gentlemen: The attached petition of Rose Fuel and Materials, Inc., et al, to rezone the property commonly known as 3605 East McKinley Avenue from "A" Residential Use District to "B" Residential Use District was legally advertised on July 25, 1960 and given public hearing under date of August 4, 1960. The following action was taken: After due consideration the Commission found that the proposed zoning would result in spot zoning and was not in keeping with the general character of the existing residential neighborhood. It was therefore duly moved, seconded and carried, (5 ayes, 1 no, 1 abstaining), that the petition be recommended unfavorably to the Common Council. RLH /mah. Attach. Very truly yours, CITY PLANNING COMMISSION /s/ Robert L. Huff Robert L. Huff, Director- Secretary Councilman Lehman made a motion that the report be accepted and placed on file. Councilman Muszynski seconded the motion. Motion carried. REPORT OF CITY PLANNING COMMISSION The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: August 5, 1960. The attached petition of Charles F. and Mary Stickler and Raymond L. and Ruth 0. Grossnickle to rezone the property commonly known as 2254 Portgage Avenue from "A" Residential Use District and "A" Height and Area District to t1C11 Commercial Use District and "DT1 Height and Area District was legally advertised on July 25, 1960 and given public hearing under date of August 4, 1960. The following action was taken: After due consideration the Commission found that the proposed zoning would result in spot zoning and would be an unwarranted intrusion of commercial zoning in a predominantly residential area. It was therefore duly moved, seconded and unanimously carried that the petition be recommended unfavorably to the Common Council. RLH /mah Attach. Very truly yours;, _CITY:.PIANNING COMMISSION /s/ Robert L. Huff Robert L. Huff Director- Secretary Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Ladewski seconded the motion. Motion carried. REPORT OF CITY PLANNING COMMISSION The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: August 5, 1960 The attached petition of Ira and Opal Kendall to rezone the property generally known as 710 West Washington Avenue from "B" Residential Use District to "C -110 Commercial Use District and "A" Height and Area District was legally advertised on July 25, 1960 and given public hearing under date of August 4, 1960. The following action was taken: After due consideration the Commission found that the proposed zoning would result in spot zoning. It was therefore duly moved, seconded, and unanimously carried that the petition be recommended unfavorably to the Common Council. Very truly yours, CITY PLANNING COMMISSION /s/ Robert L. Huff Robert L. Huff Director- Secretary RLH /mah Attach. Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Lehman seconded the motion. Motion carried. REPORT OF CITY PLANNING COMMISSION The honorable Common Council City of South Bend South Bend, Indiana August 5, 1960 Gentlemen: The attached petition of Simon and Mary Krismanich to rezone the property commonly known as 119 South Scott Street from "B" Residential Use District to "C -111 Commercial Use District and "A" Height and Area District was legally advertised on July 25, 1960 and given public hearing under date of August 4, 1960. The following action was taken: After due consideration the Commission found that the proposed zoning would result in spot zoning. It was therefore duly moved, seconded and unanimously carried that the petition be recommended unfavorably to the Common Council. RLH /mah Attach. Very truly yours, CITY PLANNING COMMISSION /s/ Robert L. Huff Robert L. Huff Director - Secretary Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Lehman seconded the motion. Motion carried. REPORT OF CITY PLANNING COMMISSION The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: August 5, 1960 The attached proposed ordinance originated by the Common Council to annex to the City of South Bend, Indiana, the property generally described as bounded on the north by the present city limits; on the east by the east section line of Section 26, T37N, R2E; on the south by Ireland Road and on the west by the Pennsylvania Railroad tracks containing approximately 100.7 acres was legally advertised on June 25, 1960 and given public hearing under date of July 7, 1960. The following action was taken: After due consideration the Commission found that: 1. The annexation is in the best interests of the city and of the territory sought to be annexed. 2. The area is urban in character, being an economic and social part of the annexing city. 3. The city is financially able to provide municipal services to the annexed area within the reasonably near future 4. The area sought to be annexed is needed for development of the city in the reasonably near future. 5. The lines of the annexation are so drawn as to form a compact area abutting the municipality. It was therefore duly moved, seconded and unanimously carried that the petition be recommended favorably to the Council. Very truly yours, CITY PLANNING COMMISSION /s/ Robert L. Huff Robert L. Huff RLH /mah Director- Secretary Attach. Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Lehman seconded the motion. Motion carried. ORDINANCE, FIRST AND SECOND READING AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 37023, AS HERETOFORE AMENDED AND SUPPLEMENTED (Daniels, 2806 Lincolnway West) The Ordinance was given first reading by title and second reading in full. Councilman Muszynski made a motion that the Ordinance be set for public hearing on September 26, 1960. Councilman Lehman seconded the motion. Motion carried. Subsequently Councilman Muszynski withdrew his motion and Councilman Lehman withdrew his second to the motion. Then, Councilman Muszynski made a motion that the public hearing on the above Ordinance be set for October 10, 1960. Councilman Lehman seconded the motion. Motion carried. ORDINANCE, FIRST AND SECOND READING AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 (Steinberg- -1323 N. Ironwood) 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 September 12, 1960. Councilman lehman seconded the motion. Motion carried. ORDINANCE, FIRST AND SECOND READING AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702, AS HERETOFORE AMENDED AND SUPPLEMENTED (Elks Club, 3605 East McKinley) 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 September 12, 1960. Councilman Muszynski seconded the motion. Motion carried. ORDINANCE, FIRST AND SECOND READING AN ORDINANCE AMENDING ORDINANCE NO. 3702 ADOPTED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ON THE 14th DAY OF JUNE, 1949, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (Stickler, 2254 Portage Avenue) 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 September 26, 1960. Councilman Ladewski seconded the motion. Motion carried. ORDINANCE, FIRST AND SECOND READING AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702, AS HERETOFORE AMENDED AND SUPPLEMENTED (Kendall, 710 W. Washington and Krizmanich, 119 South Scott St.) The Ordinance was given first reading by title and second reading in full. Councilman Muszynski made a motion the Ordinance be set for Public Hearing on September 26, 1960. Councilman Krueper seconded the motion. Motion carried. ORDINANCE, FIRST AND SECOND READING AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LANDS (Ireland Road -- Pennsylvania Railroad) that 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 September 12, 1960. Councilman Glass seconded the motion. Motion carried. ORDINANCE NO. 4330 - - -60 AN ORDINANCE APPROVING A SUPPLEMENTAL AGREEMENT BETWEEN THE CITY OF SOUTH BEND, INDIANA, AND INDIANA & MICHIGAN ELECTRIC COMPANY 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 9ayes and O nays. INEW BUSINESS Councilman Lehman made a motion that the Council dispense with the August 22nd meeting in order that the Councilmen would have more time to study the proposed budget"for 1961. Councilman Muszynski seconded the motion. Motion carried. Councilman Krueper requested the Park Department to report on the diseased elm trees in the City. He asked how serious the elm disease is and what the Park Department is doing to protect the elm trees for which the City is iresponsible. He asked that a report be made by the Park Department for the September 12th meeting of the Council. There being no further business to come before the Council, Councilman Coleman made a motion to adjourn. Councilman Glass seconded the motion. Motion carried and the Regular Meeting of the Common Council adjourned at 9:47 P.M. ATTEST: FREDA G. NOBLE, CITY CLERK II BY: Deputy City Clerk APPROVED: Presiden