HomeMy WebLinkAbout09-24-62 Council Meeting MinutesREGULAR MEETING
SEPTEMBER 24, 1962
Be it remembered that the Common Council of the City of South Bend, Indiana, met in Regular Session in the Council
Chambers in the City Hall %on Monday, September 24, 1962, at 8 :55 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.
/s/ Joseph T. Kroll
/s/ T. W. Lehman : Committee
/s/ Albert Tellson
South Bend, Ind., September 24, 1962
Minutes of Meeting of September 24, 1962.
Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Lehman seconded the
motion. Motion carried.
s
PETITIONS
Petition of Jerome Miller, et al, to rezone 616, 618 and 630 East Colfax Avenue.
Councilman Lehman made a motion that the petition be referred to the City Planning Commission. Councilman Muszynski
seconded the motion. Motion carried.
Petition of Dairy Queen, Inc., to rezone 1039, 1043 and 1047 Lincolnway West.
Councilman Glass made a motion that the petition be referred to the City Planning Commission. Councilman Coleman
seconded the motion. Motion carried.
REPORT OF CONTROLLER FOR AUGUST, 1962
Balance on Hand first of Month ----------------------------------------------------------------------- $3,845,167.32
Receipts during Month -------------------------------------------------------------------------------- $2,008,681.86
Disbursements during Month --------------------------------------------------------------------------- $1,799,066.55
Balance on Hand August 31, 1962--------------------------------------------------- - - - - -- ------ - - - - -- $4,054,782.63
Councilman Lehman 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 AND SUPPLEMENTING ZONING ORDINANCE NO. 3702,
(North Side of Linden between Wilber and Walnut), Respectfully report that they have examined the matter and that in
their opinion IT SHOULD BE REPORTED UNFAVORABLE.
/sl T. W. Lehman, Chairman
September 24, 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 ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF
SOUTH BEND, INDIANA, CERTAIN LANDS (Jackson Road between Miami and Jackson), Respectfully report that they have
examined the matter and that in their opinion IT SHOULD BE REPORTED FAVORABLE.
/sl T. W. Lehman, Chairman
September 24, 1962
Concilman 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 AND SUPPLEMENTING ZONING ORDINANCE NO. 3702,
(Both sides of Florence Street between Brookfield and College), Respectfully report that they have examined the mat -
ter and that in their opinion IT SHOULD BE REPORTED FAVORABLE.
/sl T. W. Lehman, Chairman
September 24, 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 Comm 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 (9.83 acres known as Maple Lane School), Respectfully report that they have
examined the matter and that in their opinion IT SHOULD BE REPORTED FAVORABLE.
/sl 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.
ORDINANCE
AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702,
(North side of Linden between Wilber and Walnut)
The Ordinance was given third reading and lost by a roll call vote of 4 ayes (Councilmen Kroll, Coleman, Lehman and
Muszynski), 5 nays (Councilmen Allen, Ladewski, Tellson, Glass and Krueper).
ORDINANCE NO. 4503 - - -62
AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF
SOUTH BEND, INDIANA, CERTAIN LANDS (Jackson Road between Miami and Ironwood)
The Ordinance was given third reading and passed by a roll call vote of 9 ayes and 0 nays.
ORDINANCE NO. 4504 - - -62
AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702
(Florence Street between Brookfield and College Street)
The Ordinance was given third reading and passed by a roll call vote of 9 ayes and 0 nays.
ORDINANCE NO. 4505 - - -62
AN ORDINANCE ANNEXING TO AND BRINGING "WITHIN THE ".CITY`- "LIMITS OF
SOUTH BEND, INDIANA, CERTAIN LANDS-( (Maple Lane School)
The Ordinance was given third reading and passed by a roll call vote of 9 ayes and 0 nays.
ORDINANCE-,
AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS IN THE MORRIS CIVIC AUDITORIUM
FUND - $300.00
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 October 22, 1962. Councilman Lehman seconded the motion. Motion carried.
ORDINANCE
AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS IN THE CITY PLANNING COMMISSION
FUND - $300.00
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 October 22, 1962. Councilman 1adewski seconded the motion. Motion carried.
RESOLUTION NO. 12 - - -62
RESOLUTION FOR ADDITIONAL APPROPRIATIONS IN TH& PARK GENERAL FUND
AND THE TRANSFER OF THE SAME FROM ONE ACCOUNT TO ANOTHER IN THE SAME CATEGORY
OF THE PARK GENERAL FUND
WHEREAS, certain extraordinary conditions have developed since the adoption..of the existing annual budget,
so that it is now necessary to appropriate more money than was appropriated in the annual budget for the various
functions of the Department of Public Parks to meet such extraordinary emergencies, and,
WHEREAS, it has been ascertained that certain accounts in the Park General Fund have more money than is
needed at this time.
SECTION I. That the followong accounts be reduced in the amounts set opposite each account, to -wit:
Acct. No. Classification
251 Contractual
381 Supplies
421 Materials
Item Amount
Repairs to bldgs. $1,300,00
Spray Materials 700.00
Drives & Walks 800.00
Total $2,800.00
SECTION 2. That the following accounts be increased in the amounts set opposite each account, to -wit:
Acct. No. Classification Item Amount
221
Contractual
Electric Current
$1,300.00
321
Supplies
Gasoline
400.00
382
Supplies
Zoo Feed
300.00
442
Materials
General Park Mat.
800.00
Total
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, that the sum of $2,800.00 be-trans-
ferred from Accounts No, 251, 381 and 421 to Accounts No. 221, 321, 382 and 442 as set out above in Sections 1 and
2 of this Resolution.
That the transfer of funds as set forth in Section 1 and Section 2 are required for the proper and efficient opera-
tion and function of the Department of Public Patks:-of South Bend, and an extraordinary emergency is declared to
exist concerning the foregoing transfer.
/s/ T. W. Lehman
Member of the Common Council
Councilman Muszynski made a motion for adoption, of the Resolution. Councilman Glass seconded the motion. Motion
carried by a roll call vote of 9 ayes and 0 nays.
RESOLUTION NO. 13 - - -62
WHEREAS, under. Ordinance No. 4486 - - -62, the Council of the City of South Bend, on the 23rd day of July,
1962, confirmed the action of the Board of Public Works and Safety in the granting to the State of Indiana, certain
real estate to be used by the -State of Indiana in the construction work to be done on State Road #23, and
WHEREAS, the City of South Bend, through its public officers, have not executed a deed to the State of
Indiana for said real estate as set out in said Ordinance, and
WHEREAS, the City of South Bend contemplates withholding the conveyance of said real estate at this time
and is desirous solely of granting to the State of Indiana, the right of entry to the real estate described in said
Ordinance, and
estate, and
WHEREAS, it is contemplated at this time that there is a need to effect a right of entry to said real
WHEREAS, the Board of Public Works and Safety, have on this 24th day of September, 19621, entered into a
RESOLUTION N0. 13 - - -62 (continued)
Right of Entry Agreement with the State Highway Department of the State of Indiana, granting the right to enter said
premises, and said premises being described as follows, to -wit:
Commencing at the Southeast corner of Section 12, Township 37 North, Range 2 East, Portage
Township, St. Joseph County, Indiana; thence North 878.04 feet along the East side of said
Section to a point (said point being the Southeast-corner of Lot No. 20 in August Beyers
First Addition to the City of South Bend); thence North 172.4 feet; thence West 326.8 feet
to the point of Beginning of Parcel No. 108 Limited Access Right of Way.
Thence North 28 degrees 02 minutes East, 38.4 feet; thence North 33 degrees 03 minutes West,
254.2 feet; thence North 12 degrees 37 minutes West, 76.1 feet; thence Northwesterly 79.1
feet along an arc to the right and having a radius of 235.3 feet and subtended by a long
.chord having a bearing of North 03 degrees 55 minutes West, and a length of 78.7 feet; thence
North 07 degrees 37 minutes East, 87.5 feet; thence Northeasterly 166,9 feet along an are to
the right and having a radius of 248.3 feet and subtended by _a long chord having a bearing of
North 45 degrees 35 minutes East, and a length of 163.8 feet to the Westerly boundary of North
Side Boulevard; hence along said Boundary by the following courses: Thence South 31 degrees
14 minutes East, 153.0 feet; thence South 16 degrees 30 minutes East, 196.2 feet; thence
South 01 degrees 24 minutes East, 280.6-feet to the South property line of Grantor's lands;
thence South 89.degrees 17 minutes West, 127.9 feet along said property line to the point of
beginning and containing 2.502 acres, more or less.
ALSO: The limited access provisions do not apply to the following described right of way not hereinbefore described
as limited access right of way.
Commencing at the Southeast corner of Section 12, Township 37 North, Range 2 East, Portage Township,
St. Joseph County, Indiana; thence North 878.04 feet along the East side of said section to a point
(said point being the Southeast corner of Lot No. 20 in August Beyers First Addition to the City of
South Bend) thence North 172.4 feet; thence West 326.8 feet to the point of beginning of Parcel No.
108 Permanent Right of Way.
Thence South 89 degrees 17 minutes West, 133.7 feet along the South property line of Grantor's
lands to the Eastern Boundary of St. Joseph River; hence along said Boundary as follows: Thence
North 11 degrees 40 minutes West, 70.0 feet; thence North 18 degrees 11 minutes West, 98.9
feet; thence North 24 degrees 44 minutes West, 204.9 feet; thence leaving said boundary by the
following courses;-thence North 63 degrees 55 minutes East, 31.4 feet; thence Northeasterly 129.8
feet along an arc to the right and having a radius of 330.4 feet and subtended by a long chord
having a bearing of North 03 degrees 08 minutes East, and a length of 129.0 feet; thence North 14
degrees 24 minutes East, 166.0 feet; thence Northwesterly 195.0 feet along an arc to the left and
having a radius of 190.4 feet and subtended by a long chord having a bearing of North 14 degrees
56 minutes West, and a length of 186.6 feet; thence North 29 degrees 44 minutes West., 98.7 feet to
the Western boundary of North Side Boulevard; hence along-said boundary as follows: thence South
50 degrees 33 minutes East, 76.2 feet; thence South 38 degrees 50 minutes East, 266.3 feet; thence
South 37 degrees 16 minutes East, 74.5 feet; hence leaving said boundary by the following courses:
Thence Southwesterly 166.9 feet along an arc to the left and having a radius of 248.3 feet and
subtended by a long chord having a bearing of South 45 degrees 35 minutes West, and a length of
163.8 feet; thence South 07 degrees 37 minutes West, 87.5 feet; thence Southeasterly 79.1 feet along
an arc to the left and having a radius of 235.3 feet and subtended by a long chord having a bearing
of South 03 degrees 55 minutes East, and a length of 78.7 feet; thence South 12 degrees, 37 minutes
East, 76.1 feet; thence South 33 degrees 03 ipinutes East, 254.2 feet; thence South 28 degrees 02
minutes West, 38.4 feet to the point of beginning and containing 2.155 acres, more or less.
NOW, THEREFORE, BE IT RESOLVED, that this Council hereby confirms, ratifies and approved the action of the Board of
Public Works 3n:'granting to the State of Indiana, the Right'of Entry to the below described real estate, to -wit:
(The same description as above)
BE IT FURTHER RESOLVED, bat the Mayor of the City of South Bend on the adoption of this Resolution, execute this
Right of Entry on behalf of the City of South Bend, Indiana, and that the action heretofore taken in granting fee
interest in said right of entry shall be reserved by the Mayor until such time as shall be necessary that said fee
interest be granted.
/s/ Paul E. Krueper, Jr.
Member of the Common Council
Councilman Lehman made a motion for adoption of the Resolution. Councilman Tellson seconded the motion. Motion
carried by a roll call vote of 9 ayes and 0 nays.
RESOLUTION NO. 14 - - -62
WHEREAS, on the 13th day of April, 1960, Edward F. Voorde, then Mayor of the City of South Bend, and Raymond Andrys
Engineer of the City of South Bend, the Board of Public Works, the Commissioners of St. Joseph County, and the
Indiana State Highway Commission, entered into an Agreement wherein it was ,agreed that the City of South Bend would
build a bridge to be known as the Sample Street Bridge, with all entry ways and exit ways, and that as a condition
of said contract, the City of South Bend was to dedicate all rights of way which they have acquired, or which are
owned by the City, which would also include any reversionary rights which they presently own in the National Guard
Armory; and
WHEREAS, the Board of Public Works has this date granted to the Indiana State Highway.Commission and the State of
Indiana, all reversionary rights and interest that they may have in the below described lands, to -wit:
Tract 1.
Beginning at a point 117.3 feet South measured on the section line and 10 feet West of the Southeasterly corner
of Lot 20 in August Beyers First Addition to the City of South Bend, Indiana; thence West a distance of 160 feet
thence South for a distance of 120 feet; thence East a distance of 160 feet, to a point 10 feet West of the East
line of Section 12, Township 37 North, Range 2 East, thence South and Southwesterly parallel with the West line of
Eddy Street to the St. Joseph River; thence Northwesterly along the river to the West end of an East -West line which
is 155 feet North of the point of beginning; thence East along this East -West line to the North Side Boulevard; then(
Southeasterly along North Side Boulevard to a point 10 feet West of the East line of Section 12, thence South to the
place of beginning.
RESOLUTION NO. 14---62 (continued)
Tract 2.
Beginning at a point 37.7 feet North and 152 feet West of the Southeasterly corner of Lot Numbered 20 in August
Beyers First Addition to the City of South Bend, which point is in the Westerly right of way line of Northside
Boulevard; thence due West to the meandering line of the St. Joseph River; thence North 150 feet measured along a
straight North and South line; thence due East to Northside Boulevard; thence Southeast along the westerly right -of-
way of Northside Boulevard to the place of beginning, all in the Southeast Quarter (1/4) of Section 12, Township
37 North, Range 2 East, in St. Joseph County, Indiana.
NOW, THEREFORE, BE IT RESOLVED, that this Council hereby confirms, ratifies and approves the action of the Board of
Public Works in the granting to the State of Indiana, all reversionary rights and interest of the said below descri
real estate to -wit:
(The same description as above)
BE IT FURTHER RESOLVED, that the Mayor of the City of South Bend, on the adoption of this Resolution, shall execute
all instruments to transfer said reversionary interest to,the above described property.
Isl J. Chester Allen
Member of the Common Council
Councilman Muszynski made a motion for adoption of the Resolution. Councilman Coleman seconded the motion. Motion
carried by a roll call vote of 9 ayes and 0 nays.
ORDINANCE NO. 15 - - -62
WHEREAS, during his eight -year tenure as City Building Commissioner, Verner L. Lane, by his efficient and conscient
discharge of the duties of that office, has contributed greatly to the general health, welfare and safety of the
citizens of South Bend, and,
WHEREAS, the excellence of his record of service to our city has resulted in.a call to and his acceptance of a
position of greater responsibility in another city, and
WHEREAS, his resignation as City Building Commissioner of South Bend has been accepted with regret and a sense of
loss.
NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of South Bend, Indiana, in regular session
assembled this 24th day of September, 1962, does hereby recognize and commend Verner L. Lane for his notable record
of service to our city generally, and particularly to this body for his sage advice on matters of legislation vital
to the safety and comfort of our citizenry.
BE IT FURTHER RESOLVED THAT WE BID HIM God -speed in his new duties with the University of Illinois at Chicago.
/s/ Joseph T. Kroll, President, /s /Harold L. Coleman Isl J. Chester Allen /s/ Eugene Ladewski
/s/ Paul E. Krueper, Jr. /s/ Walter G. Glass Isl Albert Tellson /s/ T. W. Lehman
/s/ Chester Muszynski
Councilman Allen made a motion for adoption of the Resolution. Councilman Lehman seconded the motion. Motion Carr
by a roll call vote of 9 ayes and 0 nays.
NEW BUSINESS
Councilman Muszynski stated that the neighbors in the area of Huron, Kosciuszko and Harris Streets were complaining
about the dust from the coal yard. Ie was recommended that an investigation be made by the police to determine
the cause. A report is requested for the next meeting of the Council.
There being no further business to come before the Council, Councilman Coleman made a motion to adjourn. Councilman
Lehman seconded the motion. Motion carried and the Regular meeting of the Common Council adjourned at 10:00 P.M.
ATTEST:
CLERK
APPROVED:
PRES