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HomeMy WebLinkAbout07-24-61 Council Meeting MinutesREGULAR MEETING JULY 24, 1961 Be it remembered that the Common Council of the City of South Bend, Indiana, met in Regular Session in the Council Chambers, on Monday, July 24, 1961, with all members present,except Councilman Lehman. The meeting was called to order at 8:22 P.M.,-by President Joseph T. Kroll, who presided. ROLL CALL PRESENT: Councilmen Kroll, Allen, Ladewski, Tellson, Coleman, Glass, Krueper and Muszynski. ABSENT: Councilman Lehman. REPORT OF COMMITTEE ON MINUTES To the Common Council of the City of South Bend: Your Committee on -the inspection and supervison 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/ Joseph T. Kroll /s/ Albert E. Tellson South Bend, Ind., July 24, 1961 Minutes of Meeting of July 10, 1961 Councilman Muszynski made a motion that the report be accepted and placed on file. motion. Motirn carried. PETITION Committee Councilman Krueper seconded the Petition of BROADMOOR FAMILY CLUB SWIMMING POOL, INC., to annex land commonly referred to as 18267 Ireland Road, South Bend, Indiana. Councilman Glass made a motion, seconded by Councilman Coleman, that the petition be referred to the City Planning Commission. Motim carried. s PETITION Petition of Milton and John Kouroubetis to rezone land at Crumstown Avenue.and Bendix Drive. Councilman Muszynski made a motion that the petition be referred to the City Planning Commission. Councilman Coleman seconded the motion. Motion carried. PETITION Petition of George and Cecelia Buechner to rezone Lots 38 and 39 in Olive Heights Addition to the City of South Bend. Councilman Glass made a motion that the Petition be referred to the City Planning Commission. Councilman Muszynski seconded the motion. Motion carried. REPORT OF THE COMMITTEE OF THE WHOLE To the Common Council of the City oftSouth Bend: Your Committee of the Whole, to whom was referred AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 (Hickory Road north of McKinley), Respectfully report that they have examined the matter and that in their opinion IT SHOULD BE REPORTED FAVORABLE. /s/ Eugene Ladewski, Acting Chairman July 24, 1961. Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Glass 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 AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 (Hickory Road north of McKinley), Respectfully report that they have examined the matter and that in their opinion IT SHOULD BE REPORTED FAVORABLE. /s/ Eugene Ladewski, Acting Chairman July 24, 1961 Councilman Allen made a motion that the report be accepted and placed on file. Councilman Glass 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 ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LANDS (NE CORNER IRONWOOD DRIVE AND EDISON ROAD ) (11 acres more or less) , Respectfully report that they have examined the matter and that in their opinion IT SHOULD BE REPORTED FAVORABLE. /s/ Eugene Ladewski, Acting Chairman July 24, 1961 Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Glass seconded the motion. Motion carried. ORDINANCE NO. 4382 - - -61 AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 (Hickory Road north of McKinley) The Ordinance was given third reading and passed by a roll call vote of 8 ayes, 0 nays, 1 absent (Councilman Lehman). ORDINANCE NO. 4383 - - -61 AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 (Hickory Road north of McKinley) The Ordinance was given third reading and passed by a roll call vote of 8 ayes, 0 nays, 1 absent (Councilman Lehman). ORDINANCE NO. 4384 - - -61 AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LANDS (NE Corner of Ironwood Drive and Edison Road) (11 acres more or less) The Ordinance was given third reading and passed by a roll call vote of 8 ayes, 0 nays, 1 absent (Councilman Lehman). REPORT OF CITY PLANNING COMMISSION The Honorable Common Council City of South Bend, South Bend, Indiana Gentlemen: July 19, 1961 The attached proposed Ordinance originated by the City Planning Commission to rezone Lots Numbered 184 and 185 in the 2nd Plat of Park Place, being generally described as the southeast corner of Eddy Street and Chalfant Street, from "C" Commercial Use to "B" Residential Use was legally advertised on May 22, 1961 and given public hearing under date of June 1, 1961. The following action was taken: After due consideration the Commission found that the land although zoned commercially simce 1923 was not used commercially and that residential zoning would be in the best interests of the general area and the City of South Bend. It was therefore duly moved, seconded, and unanimously carried that the petition be recommended favorably to the Common Council. Very truly yours, CITY PLANNING COMMISSION /s/ Robert L. Huff Robert L. Huff Director- Secretary RLH /mah Attach. Councilman Coleman made a motion that the report be accepted and placed on file. motion. Motion carried. REPORT OF THE CITY PLANNING COMMISSION The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: Councilman Allen seconded the July 19, 1961 The attached proposed ordinance originated by the City Planning Commission to rezone the land beginning at the northwest corner of Eddy Street and Sorin, thence west 130.95 feet, thence north 755.10 feet, thence east 130.95 feet, thence south 755.10 feet to the place of beginning, being generally described as the west side of Eddy Street between Sorin and the first east -west alley south of Campeau, from "C" Commercial Use District to "B" Residential Use District was legally advertised on June 26, 1961 and given public hearing under date of July 6, 1961. The following action was taken: The Commission found that although subject parcel had been zoned commercially since 1923 only -three properties were used commercially; that twenty -four properties were used residentially; that the opposite side of subject street is zoned and used residentially; and that the general surrounding area is zoned and used residentially. It was therefore duly moved, seconded, and unanimously carried that the petition be recommended favorably to the Common Council. Very truly yours, CITY PLANNING COMMISSION /s/ Robert L. Huff Robert L. Huff Director - Secretary RLH /mah Attach. Councilman Coleman made a motion that the report be accepted and placed on file. Councilman Allen seconded the motion. Motion carried. REPORT OF THE CITY PLANNING COMMISSION The Honorable Common Council July 19, 1961 City of South Bend South Bend, Indiana Gentlemen: The attached proposed ordinance originated by the City Planning Commission to rezone Lots Numbered 294, 295, 296, and 297 in McKinley Terrace Addition, being generally described as the first four lots fronting on the west side of Manchester Drive north of McKinley Avenue, from "C" Commercial Use District to "A" Residential Use District was legally advertised on May 22, 1961 and given public hearing under date of June 1, 1961. The following action was taken: After due consideration the Commission found that the land although zoned commercially since 1923 was not used commercially and that residential zoning would be in the best interests of the general area and the City of South Bend, It was therefore duly moved, seconded, and unanimously carried that the petition be recommended favorably. Very truly yours, CITY PLANNING COMMISSION /s/ Robert L. Huff Robert L. Huff Director- Secretary RLH /mah Attach. Councilman Coleman made a motion that the report be accepted and placed on file. Councilman Glass seconded the motion. Motion carried. ORDINANCE NO. 4385 - - -61 AN ORDINANCE AMENDING ORDINANCE NO. 3702, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA ( Eddy Street and Chalfant Street) The Ordinance was given first reading by title and second reading in full. Councilman Muszynski made a motion for suspension of the rules. Councilman Glass seconded the motion. Motion carried by a roll call vote of 8 ayes, 0 nays, 1 absent (Councilman Lehman). The Ordinance was then given third reading and passed by a roll call vote of 8 ayes, 0 nays, 1 absent (Councilman Lehman). ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 3702, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (Eddy Street between Sorin and Campeau) The Ordinance was given first reading by title and second reading in full. Councilman Coleman made a motion that t Ordinance be set for public hearing on August 14, 1961. Councilman Allen seconded the motion. Motion carried. ORDINANCE NO. 4386 - - -61 AN ORDINANCE AMENDING ORDINANCE NO. 3702 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH SEND, INDIANA (Manchester north of McKinley) The Ordinance was given first reading by title and second reading in full. Councilman Coleman made a motion for suspension of rules. Councilman Glass seconded the motion. Motion carried by a roll call vote of 8 ayes, 0 nays, 1 absent (Councilman Lehman.) The Ordinance was then given third reading and passed by a roll call vote of 8 ayes, 0 nays, 1 absent (Councilman Lehman). COMMUNICATION Common Council July 24, 1961 Civil City of South Bend, Indiana Gentlemen: As you know, a new Building Code has been adopted and is now in full force and effect. In order to provide the public with necessary copies of the adopting ordinance, it will be necessary for us to pub- lish that Ordinance in pamphlet form. Therefore, I respectfully request your approval and authorization for such publication. Thank you for your consideration in this matter. Sincerely, /s/ Verner L. Lane VERNER L. LANE Building Commissioner VLL:bb Councilman Muszynski made a motion that the communication be accepted and placed on file. Councilman Coleman s the motion. Motion carried. DVQnT TTTTlnTT WHEREAS, Ordinance No. 4381 - - -61 commonly known as the Building Code for the City of South Bend, Indiana has been passed by this body and is now in full force and effect; and, WHEREAS, It is necessary for the convenience of the public and for purposes of general distribution to have copies available at all times. NOW, THEREFORE, BE IT RESOLVED By the Common Council of the Civil City of South Bend, Indiana, that the Building Commissioner and /or City Clerk is hereby authorized to publish Ordinance No. 4381 - - -61 in pamphlet form. /s/ Joseph T. Kroll Mr. Joseph Kroll, President Common Council of the Civil City South Bend, Indiana Councilman Muszynski made a motion for adoption of the Resolution. Councilman Ladewski seconded the motion. Motion carried by a unanimous vote of the Council. Resolution adopted. NEW BUSINESS Councilman Allen made a motion, seconded by Councilman Ladewski, that the City Engineer be directed to bring up to date the map in the Council Chambers which shows the City of South Bend with all annexations; and also that the map be placed at eye -level so that the Council may study it in matters of zoning or annexation. Motion carried. Councilman Glass raised the question as to the participation of the Council in the elm tree problem. Irving J. Smith, City Attorney, informed the Council that Mayor Bruggner had already appointed a specialist to investigate the problem and to advise him as to the results of the investigation. Upon completion of the study and per recom- mendations, the specialist would cooperate with the park department to make plans for the alleviation of this situation. Councilman Glass asked that a Council Committee be appointed to meet with the Mayor. Councilman Kroll requested the members of the Council to meet at 7:00 P.M., on Monday, July 31, 1961, prior to the special Budget meeting of the Council, in order to discuss results of the study of the elm disease problem. Councilman Allen stated that he understood that there are antiquated blue laws in existence and that a study should be made prior to recodification of the Ordinances in order to eliminate laws which are now outdated. Councilman Allen then made a motion that the Ordinance Committee meet to discuss this matter. Councilman Krueper seconded the motion. Motion carried. There being no further business to come before the Council, Councilman Coleman made a motion to adjourn. Councilman Allen seconded the motion. Motion carried and the Regular Meeting of the Common Council adjourned at 9:11 P.M. ATTEST: Deputy City Clerk APPROVED: