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HomeMy WebLinkAbout09-10-62 Council Meeting MinutesREGULAR MEETING SEPTEMBER 10, 1962 Be it remembered that the Common Council of the City of South Bend, Indiana, met in Regular Session in the Council Chambers of the City Hall on Monday, September 10, 1962, at 8:17 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. Isl Albert Tellson Isl T. W. Lehman Committee Isl Joseph T. Kroll South Bend, Inc., September 10, 1962 Minutes of Meetings of August 27, 1962 and August 30, 1962, Councilman Lehman made a motion that the report be accepted and placed on file. Councilman Coleman seconded the motion. Motion carried. PETITION Petition to annex 8.7 acres of land at Hickory and Bulla Roads. Councilman Lehman made a motion that the petition be referred to the City Planning Commission. Councilman Krueper 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), Respectfully report that they have examined the matter and that in their opinion IT SHOULD BE REPORTED favorable. Isl T. W. Lehman, Chairman 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 ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LANDS, (South Bend Avenue and Ironwood --- Greenwoods), Respectfully report that they have examined the matter and that in their opinion IT SHOULD BE REPORTED FAVORABLE. September 10, 1962 Isl T. W. Lehman, Chairman Councilman Lehman made a motion that the report be accepted and placed on file. Councilman Krueper 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, (Sunnymede and Twyckenham), Respectfully report that they have examined the matter and that in their opinion IT SHOULD BE REPORTED FAVORABLE. Isl T. W. Lehman, Chairman September 10, 1962 Councilman Lehman 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 AND SUPPLEMENTING ZONING ORDINANCE NO. 3702, (Chestnut Street between Washington and Napier), Respectfully report that they have examined the matter and that in their opinion IT SHOULD BE REPORTED FAVORABLE. Isl T. W. Lehman, Chairman September 10, 1962 Councilman Lehman made a motion that the report be accepted and placed on file. Councilmen 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 AND SUPPLEMENTING ZONING ORDINANCE NO. 3702, (Mishawaka Avenue between Emerson and Twyckenham), Respectfully reports that they have examined the matter and that in their opinion IT SHOULD BE REPORTED FAVORABLE. Isl T. W. Lehman, Chairman September 10, 1962. Councilman Lehman made a motion that the report be accepted and placed on file. Councilman Glass seconded the motior 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 AMEND SECTIONS 8, 13, and 25 OF CHAPTER 30 OF THE GENERAL ORDINANCE NO. 3709, SAID CHAPTER 30 REFERRING TO TREES AND SHRUBS, Respectfully report that they have examined the matter and that in their opinion IT SHOULD BE REPORTED PLACED IN ORDINANCE COMMITTEE, Isl T. W. Lehman, Chairman September 10, 1962 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 FOR ADDITONAL APPROPRIATIONS IN THE MORRIS CIVIC AUDITORIUM FUND AND THE BUILDING DEPARTMENT FUND.- $905.00, Respectfully report that they have examined the matter and that in their opinion IT SHOULD BE REPORTED FAVORABLE. Isl T. W. Lehman, Chairman September 10, 1962 Councilman Lehman made a motion that the report be accepted and placed on file. Councilman Muszynski seconded the motion. Motion carried. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702, AS HERETOFORE AMENDED AND SUPPLEMENTED (2800 South Michigan) The Ordinance was given third reading and lost by a roll call vote of 5 ayes (Councilmen Kroll, Allen, Tellson, Glass and Lehman), 4 nays (Councilmen Ladewski, Coleman, Krueper and Muszynski). ORDINANCE NO. 4496 --- 62 AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LANDS (Itonwood and South Bend Avenue-- Greenwoods) The Ordinance was given third reading and passed by a roll call vote of 9 ayes and 0 nays. ORDINANCE NO. 4497 - - -62 AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 (Twyckenham Drive and Sunnymede Avenue) The Ordinance was given third reading and passed by a roll call vote of 8 ayes and 1 nay (Councilman Allen). ORDINANCE No. 4498 - - -62 AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 (Chestnut Street between Washington and Napier) The Ordinance was given third reading and passed by a roll call vote of 8 ayes and I nay:.(Councilman Allen). ORDINANCE N0. 4499 - - -62 AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 (Mishawaka Avenue between Emerson and Twyckenham) The Ordinance was given third reading and passed by a roll call vote of 8 ayes and 1 nay (Councilman Allen). ORDINANCE NO. 4500 - - -62 AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS IN THE MORRIS CIVIC AUDITORIUM FUND AND THE BUILDING DEPARTMENT FUND - $905.00 The Ordinance was given third reading and passed by a roll call vote of 8 ayes, 1 nay (Councilman Lehman). REPORT OF CITY PLANNING COMMISSION September 10, 1962 The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: The attached petition of Andrew S. Place to annex to the City of South Bend, Indiana, 21.5 acres in Section 31, T37N, R3E, being generally described as having 826 feet frontage on the south side of Jackson Road, and lying midway be- tween Ironwood and Miami Roads, was legally advertised under date of August 27, 1962 and given public hearing on September 6, 1962. The following 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 recommender favorably to the Council on the cca dition 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 Coleman seconded the motion. Motion carried. REPORT OF THE CITY PLANNING COMMISSION September 10, 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 "C" Height and Area Distr to "A" Residential Use and "A" Height and Area District Lots Numbered 43 -48, 51 -54, 83 -86, 89 -94 inclusive, Linden Place Addition, being more generally described as both sides of Florence Street between Brookfield and College was legally advertised under date of August 27, 1962, and given public hearing on September 6, 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 Krueper seconded the motion. Motion carried. , REPORT OF CITY PLANNING COMMISSION September 10, 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 I'D" Height and Area REPORT OF CITY PLANNING COMMISSION (continued to "A" Residential Use and "A" Height and Area District Lots Numbered 27 -34 inclusive, Linden Place Addition; and also Lots Numbered 19 -24 inclusive, Wierwinski 2nd Sub., being more generally described as the north side of Linden Street between O'Brien Street and Brookfield Street was legally advertised under date of August 27, 1962 and given public hearing on September 6, 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* lattach. REPORT OF CITY PLANNING COMMISSION September 10, 1962 The Honorable Common Council (City of South Bend South Bend, Indiana Gentlemen: Under date of September 6, 1962 the City Planning Commission took the following action relative to a proposal to annex to the City of South Bend, Indiana, a parcel of land generally described as 661 feet north and south by 648 feet east and west fronting on Rose Street and lying 359 feet east of Ironwood Drive, more commonly known as Maple Lane School, and containing approximately 9.83 acres. After due consideration the Commission found that in their opinion the six determinants of annexation apply to the area in issue. It was therefore duly moved, seconded and unanimously carried that the annexation 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 Is/ Robert L. Huff Robert L. Huff Director of Planning RLH /cf Councilman Lehman made a motion that the report be accepted and placed on file. Councilman Ladewski seconded the motic Motion carried. AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LANDS ( Jackson Road between Miami and Ironwood) Ordinance was given first reading by title and second reading in full. Councilman Glass made a motion that the inance be set for public hearing on September 24, 1962. Councilman Lehman seconded the mot ion. Motion carried. AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 (Linden Street between O'Brien and Brookfield) Ordinance was given first reading by title and second reading in full. Councilman Allen made a motion that the nance beset for public hearing on October 8, 1962. Councilman Lehman seconded the motion. Motion carrier. AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 (Florence Street Between Brookfield and College) e Ordinance was given first reading by title and second reading in full. Councilman Glass made a motion that the dinance be set for public hearing on September 24, 1962. Councilman Ladewski seconded the motion. Motion carried. AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LANDS (9.83 acres - -Maple Lane School) he Ordinance was given first reading by title and second reading in full. Councilman Glass made a motion that the rdinance be set for public hearing on September 24, 1962. Councilman Krueper seconded the motion. Motion carried. ecause of the number of persons present in the Council Chambers who are interested in the Resolution on Time, the resident asked the Council for their consent to have the Clerk read the Resolution on Time. Consent given. ESOLUTION NO. 11 - - -62 0REAS, there is now existing Central Standard Time throughout the year in the State of Indiana; and 0REAS, the City of South Bend has in the past continued all business in harmony with Eastern Standard Time between he last Sunday in April, beginning at 2 :00 o'clock A.M. on the last Sunday of April of each year, until 2 :00 o'clock .M., of the last Sunday in October of each year; and RESOLUTION NO. 11 - - -62 (continued) WHEREAS, it.is desirable for the City of.South..Bend to continue operation on Eastern Standard Time for the entire year, NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: That the people of the City of South Bend and its environs, schools, churches, governmental units and departments of governments, courses, business, commerce and industry are requested that beginning at 2 :00 o'clock A.M., on the last Sunday of October, 1962, that the City continue to commence each day and conduct all business in harmony with Eastern Standard Time. is/ T. W. Lehman Member of the Common Council President Kroll announced that proponents and opponents would be heard on this Resolution. Speaking in favor of the Resolution were the following: Kenneth Burch, representing the Chamber of Commerce; Commander Stephen Schrey in charge of the Naval Recruiting Station; Ronald Ornsby, representing the South Bend -Mish- awaka Board of Realtors; Harold Sanford, representing the Indiana Motor Carriers Association; Eli Miller, Chamber'of Commerce; Ed. Wasowski, 2127 North Huey Street; Joseph Dillon, Great Lakes Distributing Corporation; Kent Rowe, Atto 0. E. Prange, General Chairman of the Safety Council of the City of South Bend; Robert Lovett, Coffield Supply Compa Ivan Colglazier, 1616 Bader Avenue. There were no opponents wishing to speak. Councilman Muszynski made a motion that the Resolution be set over until October 22nd, 1962. There was no second to the motion. Councilman Allen made a motion to table the motion. Councilman Lehman Seconded the motion; Councilman Allen stated that the motion to table is not debatable and he so moved it as the order of the day. Councilman Muszynski withdrew his motion. Councilman Coleman moved the adoption of the Resolution. Councilman Allen seconded the motion. Councilman Ladewski wished to second the motion also. Motion carried by a roll call vote of 7 ayes (Councilmen Allen, Ladewski, Tellson, Coleman, Glass, Krueper and Lehman), 2 nays (Councilmen Kroll and Muszynski).' President Kroll commended the Boy Scouts who had helped him take a poll on the Time issue in his district and intro- duced the following who were present: Roger Nawrot, Craig Paluszewski and Tom Labizienski. President Kroll called a recess at 9 :45 P.M. The Council reconvened at 9:54 P.M. ORDINANCE NO. 4501 - - -62 AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE ISSUANCE AND SALE OF BONDS OF SAID CITY IN ORDER TO PROVIDE FUNDS FOR APPLICATION ON THE COST OF THE FOLT,,OWING TO PROVIDE FOR PAYMENT AND REDEMPTION OF CERTIFICATES OF INDEBTEDNESS ISSUED BY THE CITY IN PAYMENT OF THE CITY'S SHARE OF STREET AND ALLEY INTERSECTION ASSESSMENTS IMPOSED FOR IMPROVEMENT OF STREETS AND ALLEYS UNDER THE BARRETT LAW; ACQUISITION OF RIGHT -of -WAY IN CONNWTION WITH THE CONSTRUCTION OF A NEW SAMPLE STREET BRIDGE; GENERALREPAIR'OF STREETS IN THE SPRING OF 1963; PAVING OF VOORDE DRIVE IN THE INDUSTRIAL'PARK'ANb THE.PAVINC AND "DWROVING OF CHAPIN, SAMPLE AND SCOTT STREETS IN THE CHAPIN STREET REDEVELOPMENT AREA; CONSTRUCTION OF STORM SEWER AT MICHIGAN STREET AND ST. JOSEPH RIVER; CONSTRUCTION OF COMBINED SANIAR.Y AND STORM SEWERS AT POINTS EAST OF MIAMI STREET FROM SCOTTSDALE ADDITION SOUTH TO JACKSON ROAD; CONSTRUCTION OF THIRTY -SIX INCH (36 ") STORM SEWER CROSSING ONLY AT MISHAWAKA AVENUE BETWEEN EMERSON AND ROBERTS STREETS; CONSTRUCTION OF STORM SEWER AT 31ST STREET AND MISHAWAKA AVENUE; PAVING AND IMPROVING OF PORTAGE AVENUE FROM ELWOOD AVENUE TO NAVARRE STREET AND FROM LATHROP AVENUE TO COLFAX AVENUE; AND THE CONSTRUCTION OF STORM SEWER CROSSING ONLY AT PORTAGE AVENUE BETWEEN VASSAR AVENUE AND HUMBOLDT STREET; TOGETHER WITH THE INCIDENTAL EXPENSES TO BE INCURRED IN CONNECTION THEREWITH. WHEREAS, the Board of Public Works and Safety of the City of South Bend has found that it would be for the best interests of said City and its citizens to provide for payment and redemption of certificates of indebtedness issued by the City in payment of the City's share of street and alley intersection assessments imposed for improvement of streets and alleys under the Barret Law; to acquire right of way in connection with the construction of a new Sample Street bridge; make general repairs of `streets in the Spring of'1963; etc. The Ordinance was given first reading by title and second reading in full. Councilman Ladewski 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 and O nays. ORDINANCE :AN ORDINANCE -OF THE CITY OF;3OUTH BEND ' APPROPRIATING THE SUM.OF,ONE`MILLION'($1 000 000.Oa) DOLLARS TO PROVIDE FUNDS FOR APPLICATION ON THE COST OF THE FOLLOWING: TO PROVIDE FOR PAY - MENT AND REDEMPTION OF CERTIFICATES OF INDEBTEDNESS ISSUED BY THE CITY IN PAYMENT OF THE CITY'S SHARE OF STREET AND ALLEY INTERSECTION ASSESSMENTS IMPOSED FOR IMPROVEMENT OF STREETS AND ALLEYS UNDER THE BARRETT LAW; ACQUISITION OF RIGHT -OF -WAY IN CONNECTION WITH THE CON - STRUCTION OF A NEW SAMPLE STREET BRIDGE; GENERAL REPAIR OF STREETS IN THE SPRING OF ;1963; PAVING OF VOORDE DRIVE IN THE INDUSTRIAL PARK AND THE PAVING AND IMPROVING OF CHAPIN, SAMPLE, AND SCOTT STREETS IN THE CHAPIN STREET REDEVELOPMENT AREA; CONSTRUCTION OF STORM SEWER AT HTCHIGAN STREET AND ST. JOSEPH RIVER; CONSTRUCTION OF COMBINED SANITARY' AND STORM SEWERS AT POINTS EAST OF MIAMI STREET FROM SCOTTSDALE ADDITION SOUTH TO JACKSON ROAD; CONSTRUCTION OF THIRTY -SIX INCH (36 ") STORM SEWER CROSSING ONLY AT MISHAWAKA AVENUE BETWEEN EMERSON AND ROBERTS STREETS; CONSTRUCTION OF STORM SEWER AT 31ST STREET AND MISHAWAKA AVENUE; PAVING AND IMPROVING OF PORTAGE AVENUE FROM ELWOOD AVENUE TO NAVARRE STREET AND FROM LATHROP AVENUE TO COLFAX AVENUE; AND THE CONSTRUCTION OF STORM SEWER CROSSING ONLY AT PORTAGE AVENUE BETWEEN VASSAR AVENUE AND HUMBOLDT STREET;-TOGETHER WITH THE INCIDENTAL EXPENSES TO BE INCURRED IN CONNECTION THEREWITH. The Ordinance was given first reading by title and second reading in full. Councilman Coleman made a motion that the Ordinance be set for public hearing on October 8, 1962. Councilman Allen seconded the motion. Motion carried. REGULAR MEETING ORDINANCE AN ORDINANCE FOR'ADDITIONAL APPROPRIATICN9 IN THE`'FAIR EMPLOYMENT PRACTICES-COMMISSION FUND - $30.63 SEPTEMBER 10, 1962 t a. - i The Ordinance was given first reading by title and second reading in full. Councilman Glass made a motion that the Ordinance be set for public hearing on October 8, 1962, Councilman Coleman seconded the motion. Motion carried. ORDINANCE AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS IN THE OFFICE OF THE CONTROLLER AND THE SOUTH BEND POLICE DEPARTMENT FUND - $1,200.00 The Ordinance was given first reading by title and second reading in full. Councilman Coleman made a motion that the Ordinance be set for public hearing on October 8, 1962. Councilman Allen seconded the motion. Motion carried. ORDINANCE NO. 4502 - - -62 AN ORDINANCE TO AMEND ORDINANCE NO. 4487 - - -62, BEING AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA,. -CERTAIN -LANDS (Rose Street) The Ordinance was given first reading by title and second reading in full. Councilman Coleman made a motion for suspension of rules. -Councilman Allen seconded the motion. Motion carried by 'a roll call! vote of 8 ayes and 0 nays, and`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). There being no further business to come before the Council, Councilman Glass made a motion to adjourn. Councilman Allen seconded the motion. Motion carried and the Regular Meeting of the Common Council adjourned at 10 :30 P.M. ATTEST: APPROVED: CLERK k'/ PRESIDENT