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HomeMy WebLinkAbout08-13-62 Council Meeting Minutes------------------------------------------------------------------------------------------------------------- - - - - -- REGULAR MEETING AUGUST 13, 1962 Be it remembered that the Common Council of the City of South Bend, Indiana, met in Regular Session in the Council Chambers, City Hall, Monday, August 13, 1962, at 9:03 F.M., with all members present except Councilman Muszynski. The meeting was called to order by President Joseph T. Kroll, who presided. ROLL CALL Present: Councilmen Kroll, Allen, Laddwski, Tellson, Coleman, Glass, Krueper and Lehman. Absent: Councilman Muszynski. REPORT OF COHMITTEE 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. /s/ T. W. Lehman /s/ Joseph T. Kroll : Committee /s/ Albert E. Tellson South Bend, Ind., August 13, 1962. Minutes of Meetings of July 23rd and July 30, 1962.. Councilman Lehman made a motion that the report be accepted and placed on file. Councilman Allen seconded the motion, Motion carried. PETITION Petition of Andrew Place to annex 21.5 acres of land South of Jackson Road between Ironwood and Miami. Councilman Lehman made a motion that the petition be referred to the City Planning Commission, Councilman Coleman seconded the motion. Motion carried. REPORT OF CONTROLLER FOR THE MONTH OF JULY, 1962 Balanceon Hand first of Mouth ------------------------------------------------------------------------ $3,718,448.27 Receiptsduring Mouth --------------------------------------------------------------------------------- $2,878,636.66 Disbursementsduring Month ---------------------------------------------------------------------------- $2,751,917.61 Balance on Hand July 31, 1962 ---------------- - ---------------------- -- --------------- - ---------------- $3,845,167.32 Councilman Ladewski 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 0 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 (1.4 acres on Rose Street), Respectfully report that they have examined the ma and that in their opinion IT SHOULD BE REPORTED FAVORABLE. Is/ T. W. Lehman, Chairman August 13, 1962 Councilman Lehman made a motion that the report be accepted and placed on file. Councilman Tellson seconded the motion. Motion carried. REGULAR MEETING REPORT OF THE COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: AUGUST 13, 1962 i _ I1 Your Comunittee of the Whole, to whom was referred AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS IN THE REDEVELOPMENT DISTRICT CAPITAL FUND - $195,789.76, Respectfully report that they have examined the matter and that in their opinion IT SHOULD BE REPORTED FAVORABLE. /s /`T. W. Lehman, Chairman August 13, 1962 Councilman Lehman made a motion that the report be accepted and placed on file. Councilman Coleman 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 FOR ADDITIONAL APPROPRIATIONS IN THE ELECTRICAL DEPARTMENT FUND, $570.00, Respectfully report that they have examined the matter and that in their opinion IT SHOULD BE REPORTED FAVORABLE. /s/ T. W. Lehman, Chairman August 13, 1962 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 AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702, AS HERETOFORE AMENDED AND SUPPLEMENTED (2800 Block South Michigan Street), Respectfully report that they have examined the matter and that in their opinion IT SHOULD BE REPORTED FAVORABLE. /s/ T. W. Lehman, Chairman August 13, 1962 Councilman Lehman made a motion that the report be accepted and placed on file. Councilman Coleman seconded the motion. Motion carried. REPORT OF THE COMMITTEE OF THE WHOLE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE SOUTH BEND CITY WATER WORKS AND THE INDIANA EQUIPMENT COMPANY, INC., FOR THE PURCHASE OF A HOUGH MODEL H50B, 4 -WHEEL DRIVE PAYLOADER FOR THE SUM OF $12,599.00 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, AS HERETOFORE AMENDED AND SUPPLEMENTED (2800 Block South Michigan Street), Respectfully report that they have exa;nincd the matter and that in their opinion IT SHOULD BE REPORTED FAVORABLE. /s/ T. W. LEHMAN, Chairman August 13, 1962 Councilman Coleman made a motion that the report be accepted and placed on file. Councilman Lehman seconded the motion. Motion carried. ORDINANCE NO. 4487 - - -62 AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LANDS (1.4 Acres on Rose Street) The Ordinance was given third reading and passed by a roll call vote of 8 ayes, 0 nays, 1 absent (Councilman Muszynski). ORDINANCE NO. 4488 - - -62 AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS IN THE REDEVELOPMENT DISTRICT CAPITAL FUND - $195,789.76 !i The Ordinance was given third reading and passed by a roll call vote of 8 ayes, 0 nays, 1 absent (Councilman (, Muszynski). ORDINANCE NO. 4489 - - -62 AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS IN THE ELECTRICAL DEPARTMENT FUND, $570.00 The Ordinance was given third reading and passed by a roll call vote of 8 ayes, 0 nays, 1 absent (Councilman Muszynski). ORDINANCE NO. 4490 - - -62 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE SOUTH BEND CITY WATER WORKS AND THE INDIANA EQUIPMENT COMPANY, INC., FOR THE PURCHASE OF A HOUGH MODEL H50B, 4 -WHEEL DRIVE PAYLOADER FOR THE SUM OF $12,599.00 The Ordinance was given third reading and passed by a roll call vote of 8 ayes, 0 nays, 1 absent (Councilman Muszynski). 466 REGULAR MEETING AUGUST 13, 1962 Councilman Coleman made a motion to recess. Councilman Glass seconded the motion. Motion carried. Recessed at 9:23 P.M. The Meeting reconvened at 9:35 P.M. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702, AS HERETOFORE AMENDED AND SUPPLEMENTED (2800 Block South Michigan Street) Councilman Lehman made a motion that this Ordinance be referred back to the Committee of the Whole for further study. Councilman Allen seconded the motion. Motion carried, REPORT OF CITY PLANNING COMMISSION August 7,-1962 The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: The attached petition of the Common Council to annex to the City of South Bend, Indiana, a parcel of land being generally described as 552 feet east and west by 806 feet north and south at the southwest corner of Hepler Street and Hickory Road was legally advertised under date of July 24, 1962 and given - public hearing on August 2, 1962, The following action was taken: After due consideration the Commission found that in their opinion the six determinants of the annexation apply to the area in issue. It was therefore duly moved, seconded, and unanimously carried that the petition be recommended favorably to the Council on the condition that no Building Permit shall be issued by the Building Commissioner and no change in use or bulk of structures existing shall occur until the area has been properly zoned by the City Council or a period of 180 days from the effective date of the ordinance has lapsed. Very truly yours, CITY PLANNING COMMISSION /s/ Robert L. Huff Robert L. Huff Director of Planning RLH /cf attach. Councilman Lehman made a motion that the report be accepted and placed on file. Councilman Ladewski seconded the motion. Motion carried. REPORT OF CITY PLANNING COMMISSION August 7, 1962 The Honorable. Common Council City of South Bend South Bend, Indiana Gentlemen: The attached petition of the Common Council to annex to the City of South Bend, Indiana, a parcel of land being generally described as bounded on the north by South Bend Avenue (Indiana 23), on the west -by Ironwood Road, on the south by Roosevelt Street, and on the east by a line 102 feet west of Maple Lane Avenue, being more commonly known as the Greenwood Shopping Center was legally advertised under date of July 24, 1962 and given public hearing on August 2, 1962. The following action was taken: After due consideration the Commission found that in their opinion the six determinants of the annexation apply to the area in issue.. It was therefore duly moved, seconded, and unanimously carried that the petition be recommended favorably to the Council on condition that no Building Permit shall be issued by the Building Commissioner and no change in use or bulk of structures existing, shall occur until the area has been properly zoned by the.City Council or a period of 180 days from the effective date of the ordinance has lapsed. Very truly yours, CITY PLANNING COMMISSION /s/ Robert L. Huff Robert L. Huff Director of Planning RLH1cf attach. Councilman Lehman made a motion that the report be accepted and placed on file. Councilman Ladewski seconded the motion. Motion carried. REPORT OF THE CITY= "PLANNING COMMISSION August 7, 1962 The Honorable Common Council City of South,Bend South Bend, Indiana Gentlemen: The attached petition of the City Planning Commission to zone from "C" Commercial Use and "D" Height and Area District to "A" Residential Use and "A" Height and Area District Lots Numbered 314, 315, 316, 344 and the front 51.4 feet of Lot Numbered 343, Part of Sunnymede 1st Addition, being more generally described as the southeast and southwest corner of Twyckenham Drive and Sunnymede Avenue was legally advertised under date of July 23, 1962 and given public hearing on August 2, 1962. The following action was taken: After due consideration the Commission found that the best zoning for the property would be residential: 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 Director of Planning RLH /cf attach. Councilman lehman made a motion that the report be accepted and placed on file. Councilman_Ladewski seconded the motion. Motion carried. REPORT OF THE CITY PLANNING COMMISSION August 7, 1962 The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: from The attached petition of the City Planning Commission to zone / "B" Residential Use to "A" Residential Use Lots Numbered 9, 10, 11, 12, 17, 18, 19, 20, 25, 26, 27, 28, 33, 34, 35 and 36 John F. Kirby Sub. of Pt. B.O.L., 831 and also Lots Numbered 11, 12, 13, 14, 19, 20, 21, 22, 27, 28, 29, 30, 36, 36, 37, and 38 Knoblock Sub. of Pt. B.O.L. 84, being more generally described as both sides of Chestnut Street from the first east -west alley south of Washington Street south to the first east -west alley south of Napier Street was legally advertised under date of July 23, 1967 and given public hearing on August 2, 1962. The following action was taken: After due consideration the.Commission found that the best zoning for said property would be "A" Residential. 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 Director of Planning RLH /cf attach. Councilman Lehman made a motion that the report be accepted and placed on file. Councilman Tellson seconded the motion. Motion carried. .REPORT OF THE CITY PLANNING COMMISSION. August 7, 1962 The Honorable Common Council City of South Bend South Bend, Indiana .Gentlemen: The attached.petition of the City Planning Commission to zone from "C" Commercial Use and "D" Height and Area District to "All Residential Use and "A" Height and Area District Lots Numbered 2, 3, and 80 -95, inclusive Geroge W. Swygart's First Addition, being.more generally described as the.north side of Linden Avenue between Wilbur and Walnut Streets was legally advertised under date of July 23, 1962 and given public hearing on August 2, 1962. The following action was taken: After due consideration the Commission found that the best zoning for the property would be residential. 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 Director of Planning RLH /cf Attach. Councilman Lehman made a motion that the report be accepted and placed on file. Councilman Tellson seconded the motion. Motion carried. REPORT OF CITY PLANNING COMMISSION August 7, 1962 The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: The attached petition of the City Planng Commission to zone from "C" Commercial Use and "D" Height and Area Distri to "A" Residential Use and "A" Height and Area District Lots Numbered 725 -743, inclusive, Sunnymâ–ºeds 3rd Addition, be more generally described as the north side of Mishawaka Avenue between Emerson Avenue and Twyckenham.Drive was legal advertised under date of July 23, 1962 and given public hearing on August 2, 1962. The following action was taken: After due consideration the Commission found that the best zoning for said property would be residential. 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 Director of Planning RLH /cf attach. Councilman Lehman made a motion that the report be accepted and placed on file. Councilman Tellson seconded the motion, Motion carried. ORDINANCE NO. 4491 - - -62 AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LANDS (Corner of Hepler and Hickory), AS AMENDED The Ordinance was given first reading by title and second reading in full. Councilman Allen made a motion to amend the Ordinance as follows: "That Section 2 read: That no Building Permit shall be issued and no change in use or change in structures that now exist, be permitted for 180 days from the date -::of adoption of this Ordinance or until the Council shall zone said property, which ever is earlier." That Section 2 shall become Section 3." Councilman Ladewski seconded the motion. Motion carried. Councilman Lehman made a motion for suspension of rules. Councilman Allen seconded the motion. Motion carried. The Ordinance was then given third reading, as amended, and it was passed by a roll call vote of 8 ayes, 0 nays, 1 absent (Councilman Muszynski). ORDINANCE AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND (6,6 acres at South Bend Avenue and Ironwood --- Greenwoods) 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 10, 1962, Councilman Glass seconded the motion. Motion carried. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 (Suanymede and TwyckeahM) 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 10, 1962. Councilman Coleman seconded the motion. Motion carried. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 (Chestnut between Washington and Napier) The Ordinaw a 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 10, 1962. Councilman Coleman seconded the motion. Motion carried, ORDINANCE INANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 (North side of Linden between Wilber and Walnut) 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 24, 1962. Councilman Coleman seconded the motion. Motion carried. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 (Mishawaka Avenue between Emerson and Twyckenham) 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 10, 1962. Councilman Coleman seconded the motion. Motion carried. REGULAR MEETING ORDINANCE AN ORDINANCE TO AMEND SECTIONS 8, 13 and 25 OF CHAPTER 30 OF THE GENERAL ORDINANCE NO. 3709, SAID CHAPTER 30 REFERRING TO TREES AND SHRUBS AUGUST 13, 1962 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 10, 1962. Councilman Coleman seconded the motion. Motion carried. ORDINANCE AN ORDINANCE TO AMEND SECTIONS 2 and 9(a). OF ORDINANCE N0. 3644, ENTITLED "AN ORDINANCE RELATING TO TRAFFIC AND REGULATING THE USE OF THE STREETS AND HIGHWAYS OF THE CITY OF SOUTH BEND, INDIANA, CREATING AND DEFINING PARKING METER ZONES; PROVIDING FOR THE DESIGNATION OF INDIVIDUAL PARKING SPACES; DEFINING AND PROVIDING. FOR THE INSTALIATION, OPERATION AND MAINTENANCE, PURCHASE, LEASING, USE, SERVICING, REPAIR, REPLACEMENT, ACQUIRING AND REGULATION OF PARKING METERS; PRESCRIBING PARKING TIME LIMITS; REQUIRING DEPOSITS OF COINS FOR THE USE OF PARKING METERS AND PARKING METER ZONES AND PROVIDING FOR THE COLLECTION AND DISPOSITION OF SUCH COINS; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR THE ENFORCEMENT THEREOPro DEFINING OFFENSES AND PRESCRIBING PENALTIES; AND PROVIDING THAT THE INVALIDITY OF PART SHALL NOT AFFECT THE VALIDITY OF THE REMAINDER OF ORDINANCE" PASSED JUNE 7, 1948, ALSO KNOWN AS SECTIONS 55 AND 59 OF CHAPTER 29 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1949,,GENERAL ORDINANCE NO. 3709, AS AMENDED BY ORDINANCE NO. 4289, PASSED DECEMBER 14, 1959, AND AS FURTHER AMENDED BY ORDINANCE NO. 4398 PASSED ON THE -11th DAY OF SEPTEMBER, 1961. The Ordinance was given first reading by title and second reading in full. Councilman Coleman made a motion that Ordinance be set for public hearing on August 27, 1962. Councilman Krueper seconded the motion. Motion carried. ORDINANCE AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS IN THE MORRIS CIVIC AUDITORIUM FUND AND THE BUILDING DEPARTMENT FUND - $905.00 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 10, 1962. Councilman Coleman seconded the motion. Motion carried. NEW BUSINESS Councilman Coleman made a motion that the Legal Department draft an amendment to the Zoning Ordinance pertaining to annexations to include the following: "That.no'`Buildiiig :Permit -_shall "be'.issued and no change in use or change in structures that now exist, be permitted for 180 days from the date of adoption of this Ordinance or until the Council shall zone said property, which ever is earlier ". Councilman Lehman seconded the motion. Motion carried. There being no further business -to come before the Council, Councilman Lehman made a motion to adjourn. Councilman Ladewski seconded the motion. Motion carried and the Regular Meeting of the Common Council adjourned at 10:40 P.M. ATTEST: CLERK APPROVED: PRES s ssssssssssssss :s:sssssssssssssssssssssss sssssss sss sasssssssss ssssssss sssssssssssssssss sssssssssss:sssssssssssssssss =s