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HomeMy WebLinkAbout10-08-62 Council Meeting MinutesREGULAR MEETING OCTOBER 8, 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, October 8, 1962, at 8 :27 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/ Albert Tellson ; /s/ T. W. Lehman : Committee South Bend, Indiana, October 8, 1962. /s/ Joseph T. Kroll 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. "j, REGULAR MEETING PETITIONS OCTOBER 8, 1962 Petition to annex 9.5 acres of land on Edison Road between Hickory and Bulla Road. Councilman Lehman made a motion that the petition be referred to the City Planning Commission. Councilman Ladewski seconded the motion. Motion carried. Petition to annex 59.7 acres of land at Miami and Jackson Roads. Councilman Lehman made a motion that the petition be referred to the City Planning Commission. 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 ORDINANCE NO. 4381 - - -61, COMMONLY KNOWN AS T BUILDING CODE FOR THE CIVIL CITY OF SOUTH BEND, INDIANA, Respectfully report that they have examined the matter and that in their opinion IT SHOULD BE CONTINUED TO OCTOBER 22, 1962. /s/ T. W. Lehman, Chairman October 8, 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, (Linden Street between O'Brien and Brookfield), Respectfully report that they have examined the matter and that in their opinion IT SHOULD BE REPORTED FAVORABLE. /s/ T. W. Lehman, Chairman October 8, 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 OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ONE MILLION ($1,000,000.00) DOLLARS FOR STREET, BRIDGE AND SEWER CONSTRUCTION, Respectfully report that they have examined the matter and that in their opinion IT SHOULD BE REPORTED FAVORABLE. /sl T. W. Lehman, Chairman October 8, 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 FOR ADDITIONAL APPROPRIATIONS IN THE FAIR EMPLOYMENT PRACTICES COMMISSION FUND - $30.63, Respectfully report that they have examined the matter and that in their opinion IT SHOULD BE REPORTED FAVORABLE. /s/ T. W. Lehman, Chairman October 8, 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 ADDITIONAL APPROPRIATIONS IN THE OFFICE OF THE CONTROLLER AND THE SOUTH BEND POLICE DEPARTMENT FUND - $1,200.00, Respectfully report that they have examined the matter and that in their opinion IT SHOULD BE REPORTED FAVORABLE. Js/ T. W. Lehman, Chairman October 8, 1962 Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Lehman seconded the motion. Motion carried. ORDINANCE NO. 4506 - - -62 AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 (Linden Street between O'Brien Street and Brookfield Street) The Ordinance was given third reading and passed by a roll call vote of 9.ayes and 0 nays. ORDINANCE NO. 4507 - - -62 AN ORDINANCE OF THE CITY OF SOUTH BEND APPROPRIATING THE SUM OF ONE MILLION ($1,000,000.00) DOLLARS TO PROVIDE FUNDS FOR APPLICATION ON THE COST OF THE FOLLOWING: 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 CONNECTION WITH THE CONSTRUCTION OF A NEW SAMPLE STREET BRIDGE; GENERAL REPAIR OF STREETS IN THE SPRING OF 1963; PAVING OF VOORDE DRIVE IN THE INDUSTRIAL PART AND THE PAVING AND IMPROVING 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 SANITARY AND STORM SEWERS AT POINTS EAST OF MIAMI STREET FROM SCOTTSDALE ADDITION SOUTH TO JACKSON ROAD; CONSTRUCTION OF THIRTY -SIR 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 third reading and passed by a roll call vote of 9 ayes, (Councilmen Kroll, Allen, Coleman, Ladewski, Tellson, Glass, Krueper, Lehman -and Muszynski), 0 nays. ORDINANCE NO. 4508 - - -62 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 third reading and passed by a roll call vote of 9 ayes and 0 nays. ORDINANCE NO. 4508 - - -62 AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS IN THE FAIR EMPLOYMENT PRACTICES COMMISSION FUND - -- $30.63 The Ordinance was given third reading and passed by a roll call vote of 9 ayes and 0 nays. REPORT OF CITY PLANNING COMMISSION October 8, 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, 8.7 acres more or less, in the southeast one - quarter of Section 32, T38N, R3E, being generally described as being bounded on the east by the north line of Bulla Road and on the west and north by the present city limits was legally advertised under date of September 24, 1962, and given public hearing on October 4, 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 bet recommended favorably to the Council on the condition that no Building Permit shall be issued :: the Building Commissioner and no change in use or bulk of structures existing, shall occur in any territory hereafter annexed to the City of South Bend, Indiana, until such territory has been zoned by the City Council, or a period of 180 days from the effective date of the annexation has lapsed. Very truly yours, CITY PLANNING COMMISSION /s/ Robert L. Huff Robert L. Huff Director of Planning RLHcf attach Councilman Coleman made a motion that the report be accepted and placed on file. Councilman Lehman seconded the motion. Motion carried. REPORT OF CITY PLANNING COMMISSION October 8, 1962 The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: The attached petition of Jerome J. Miller, et al, to rezone from "B" Residential Use and "A" Height and Area District to "C" Commercial Use and "A" Height and Area District the property generally described as 616, 618 and 630 East Colfax Avenue was legally advertised under date of September 24, 1962 and given public hearing on October 4, 1962. The following action was taken: After due consideration it was duly moved, seconded, and unanimously carried that the petition be recommended unfavorably to the Council with the recommendation, in order to save time, that the ordinance be amended by the Council to read C -1 Commercial Use District and '?A" Height and Area District. Very truly yours, CITY PLANNING COMMISSION /s/ Robert L. Huff Robert L. Huff, Director of Planning RLH /cf Councilman Lehman made a motion that motion. Motion carried. the report be accepted and placed on file. Councilman Ladewski seconded the REPORT OF THE CITY PLANNING COMMISSION October 8, 1962 The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: The attached petition of Clara Fish Fink, Dairy Queen of St. Joseph County, Inc., et al, to rezone from "B" Residen- tial Use to "C" Commercial Use the property generally described as 1047, 1043, 1039 Lincolnway West and 624 North Allen St., was legally advertised under date of September 24, 1962, and given public hearing on October 4, 1962. The following action was taken: After due consideration the Commission found that due to the existence of commercial zoning and land use in the im vicinity substantial justice would be done by the favorable recommendation of the petition. 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 Muszynski seconded the motion. Motion carried. REPORT OF THE CITY PLANNING COMMISSION October 8, 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 and "A" Height and Area District Lots 1012, 1013, 1014 and Lots 709 - 719 inclusive of 3rd Plat of. Summit Place and also Lots 598, 599, 600 of Replat of Part of Summit Place 3rd Addition, being generally described as the south side of Holland Street between Kaley Street and Meade Street, plus 3 lots on Kaley Street and 3 lots on Meade Street was legally advertised under date of September 24, 1962 and given public hearing on October 4, 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 Muszynski made a motion that the report be accepted and placed on file. motion. Motion carried. REPORT OF THE CITY PLANNING COMMISSION October 8, 1962 The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: Councilman Ladewski seconded the The attached petition of the City Planning Commission to rezone from "C" Commercial Use and "D" Height and Area District to "A" Residential Use and '.W Height and Area District Lots Numbered 171 -179 inclusive, of Realty Con- struction Company's 2nd Plat, being generally described as the east side of Olive Street between 716 South Olive Street and 746 South Olive Street was legally advertised under date of September 24, 1962, and given public hearing on October 4, 1962. The following action was taken: After due consideration the Commission found that the best zoning for the subject 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 Muszynski made a motion that the report be accepted and placed on file. Councilman Lehman seconded the motion. Motion carried. REPORT OF THE CITY PLANNING COMMISSION October 8, 1962 The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: The attached petition of the City Planning Commission to rezone from "E" Heavy Industrial Use and "F" Height and Area District to "A" Residential Use and "A" Height and Area District Lots 687 -708 inclusive and Lots 595, 596, 597 of 3rd Plat of Summit Place Addition being more generally described as the block bounded on the south by Holland Street, the east by Meade Street, the north by Colfax Avenue, and the west by Kaley Street, plus 3 lots on the east side of Meade Street was legally advertised under date of September 24, 1962 and given public hearing on October 4, 1962. The following action was taken: After due consideration the Commission found that the best zoning for subject 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. Council Lehman made a motion that the report be accepted and placed on file. Councilman Muszynski seconded the motion. Motion carried. REPORT OF THE CITY PLANNING COMMISSION October 8, 1962 The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: The attached petition of the City Planning Commission to zone "D" Light Industrial Use and "F" Height and Area District the recently annexed land being generally described as a parcel of land 594 feet east and west by 1290 feet north and south fronting on Edison Road and being 596.2 feet west of Hickory Road was legally advertised under date of September 24, 1962 and given public hearing on October 4, 1962. The following action was taken: After due consideration the Commission found that the best zoning for the area would be light industrial. 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 /c f attach. Councilman Lehman made a motion that the report be accepted and placed on file. Councilman Muszynski seconded the motion. Motion carried. REPORT OF THE CITY PLANNING COMMISSION October 8, 1962 The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: The attached petition of the City Planning Commission to zone "A" Residential Use and "A" Height and Area District the recently annexed land being generally described as a parcel of land fronting 1054 feet along the north side of Edison Road and being bounded on the west by the Eastgate Estates Addition on the north by the centerline,of Rose Street and on the east by the I & M Electric Company property was legally advertised under date of September 24, 1962 and given public hearing on October 4, 1962. The following action was taken: After due consideration the Commission found that the best zoning for the area 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. i Councilman Lehman made a motion that the report be accepted and placed on file. Councilman Muszynski seconded -the motion. Motion carried. E REPORT OF THE CITY PLANNING COMMISSION October 8, 1962 The Honorable Common Council City of South Bead South Bend, Indiana Gentlemen: The attached petition of the City Planning Commission to zone "A" Residential Use and "A" Height and Area District the recently annexed land being generally described as a parcel of land 814 feet east and west by 275 feet north and south frosting on Hickory Road and being 1290 feet north of Edison Road was legally advertised under date of Septem- ber 24, 1962 and given public hearing on October 4, 1962. The following action was taken: After due consideration the Commission found that the best zoning for subject area 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. motion. Motion carried. REPORT OF THE CITY PLANNING COMMISSION October 8, 1962 The Honorable Common Council City of South Bead South Bead, Indiana Gentlemen: CouncilmauMuszynski-seconded the The attached petition of the City Planning Commission to zone "A" Residential Use and "A" Height and Area District the-recently annexed land being generally described as a parcel of land 532 feet east and west by 786 feet north and south at the southwest corner of Hepler Street and Hickory Road was legally advertised under date of September 24, 1962 and given public hearing on October 4, 1962. The following action was taken: After due consideration the Commission found that the best zoning for the area would be residential. It was there- fore 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 Muszynski seconded the motion. Motion carried. REPORT OF THE CITY PLANNING COMMISSION October 8, 1962 The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: The attached petition of the City Planning Commission to zone "A" Residential Use and "A" Height and Area District the recently annexed land being generally described as a parcel of land fronting on the south side of Rose Street 125 feet east of Arcadia Avenue, and bounded on the west and south by Edison Park 4th Addition, Section "D" andoun the east by Eastgate Estates Addition was legally advertised under date of September 24, 1962 and given public hear- ing on October 4, 1962. The following action was taken: After due consideration the Commission found that the best zoning for the area would be residential. It was there- fore duly moved, seconded, and unanimously carried that the petition be recommended favorablyto the Council. Very truly yours, CITY PLANNING COMMISSION /s /Robert L. Huff Robert L. Huff, Director of Planning RLH /cf Attach. Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Lehman seconded the motion. Motion carried. REPORT OF THE CITY PLANNING COMMISSION October 8, 1962 The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: The attached petition of the City Planning Commission to zone "C" Commercial Use and "A" Height and Area District the recently annexed land being generally described as a parcel of land bounded on the north by South Bend Avenue, on the west by Ironwood Drive, on the south by Roosevelt Street and on the east by a line 102 feet west of Maple Lane Avenue, more commonly known as Greenwoods Shopping Center was legally advertised under date of September 24, 1962 and given public hearing on October 4, 1962. The following action was taken: After due consideration the Commission found that the best zoning for the area would be commercial. It was therefore duty 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 Allen seconded the motion. Motion carried. REPORT OF THE CITY PLANNING COMMISSION October 8, 1962 The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: The attached petition of the City Planning Commission to rezone from "C" Commercial Use and "E" Height and Area District to "B" Residential, and "A" Height and Area District the property generally described as 1112, 1106, 1044 and 1032 W. Washington was legally advertised under date of May 28, 1962 and given public hearing on June 7, 1962. The following action was taken: After due consideration the Commission found that existing zoning is spot zoning and therefore it was 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 Allen seconded the motion. Motion carried. REPORT OF THE CITY PLANNING COMMISSION October 8, 1962 The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: The attached proposed ordinance originated by the City Planning Commission to amend Section 23 of Ordinance No. 3702, commonly known as the Zoning Ordinance of the City of South Bend, Indiana, by adding thereto the following sub - section (i) No building permit shall be issued by the Building Commissioner and no change in use or bulk of structures existing, shall occur in any territory hereafter annexed to the City of South Bend, Indiana, until such territory has been zoned by the City Council or a period of 180 days from the effective date of the annexation has lapsed was legally advertised under date of September 24, 1962 and given public hearing on October 4, 1962. The following action was taken: After due consideration it was duly moved, seconded, and unanimously carried that this ordinance be recommended favorably for adoption by the Council. Very truly yours, CITY PLANNING COMMISSION A/ 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 Allen seconded the motion. Motion carried. REPORT OF THE CITY PLANNING COMMISSION October 8, 1962 The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: The attached proposed ordinance originated by the City Planning Commission to amend Section 5, Item 23, of Ordinance No. 3702, commonly known as the Zoning Ordinance of the City of South Bend, Indiana, by adding thereto the following: Motels was legally advertised under date of September 24, 1962 and given public hearing on Oct - ober4, 1962. The following action was taken: After due consideration it was duly moved, seconded, and unanimously carried that this ordinance be recommended favorably for adoption by 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 an file. Councilman Muszynski seconded the motion. Motion carried. REPORT OF CITY PLANNING COMMISSION October 8, 1962 The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: Under date of October 4, 1962 the South Bend City Planning Commission reconsidered the petition to rezone from "C" Commercial to "A" Residential Use District Linden Avenue generally between Wilber and Walnut, as returned by the Council, and unanimously reaffirmed their previsous favorable recommendation for the following reasons: (a) Eighteen single family residences exist in the area. (b) Two quasi - commercial uses exist in the area, namely a barber shop and funeral home neither of which will be adversely affected by a non - conforming use status. (c) The surrounding area is very .predominately zoned and used residentially. (d) The best use of the land and the greatest protection of investment and the greatest stability to the neighborhood will result from residential zoning. (e) The Common Council voted on the 23rd day of July, 1962 to rezone from commercial to single family residence the property immediately across the street from subject area with the exception of the lot on the southeast corner,of Linden and Birdsell. 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 Muszynski seconded motion. Motion carried. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702, AS HERETOFORE AMENDED AND SUPPLEMENTED (616, 618 and 630 East Colfax Avenue) Councilman Krueper made a motion to amend the Ordinance in Section I, Line 3 to read as follows: "supplemented by zoning as "C -1" Commercial Use and "A" Height and Area District ". Councilman Lehman seconded the motion. Motion carried. The Ordinance was then given first reading by title and second reading in full. Councilman Kreeper made a motion that.the Ordinance be set for public hearing on October. 22, 1962. Councilman L man seconded the motion. Motion carried. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 (1039, 1043 and 1047 Lincolnway West and 624 North Allen Street) 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 Glass seconded the motion. Notion carried. ,r ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702, AS HERETOFORE AMENDED AND SUPPLEMENTED (South side of Holland Street between Kaley and Meade) 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 Muszynski seconded the motion. Motion carried. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702, AS HERETOFORE AMENDED AND SUPPLEMENTED (East side of Olive Street between 716 & 746 S. Olive) 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 AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702, AS HERETOFORE AMENDED AND SUPPLEMENTED (Block bounded by Holland, Meade, Colfax and Kaley) 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 22, 1962. Councilman Allen seconded the motion. Motion carried. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702, AS HERETOFORE AMENDED AND SUPPLEMENTED (Land on Edison Road 600 feet West of Hickory) 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 Glass seconded the motion. Motion carried. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702, AS HERETOFORE AMENDED AND SUPPLEMENTED (Land on Edison 1200 feet west of Hickory) 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 Coleman seconded the motion. Motion carried. ORDINANCE NO. 4510 - - -62 AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702, AS HERETOFORE AMENDED AND SUPPLEMENTED (Northwest corner of Hickory and Edison) The Ordinance was given first reading by title and second reading in full. Councilman Allen made a motion for sus- pension of rules. Councilman Muszynski seconded the motion. Motion carried by a roll call vote of 9 ayes and 0 nays, The Ordinance was then given third reading and passed by a roll call vote of 9 ayes and 0 nays. ORDINANCE NO. 4511 - - -62 AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702, AS HERETOFORE AMENDED AND SUPPLEMENTED (Southwest corner of Hepler and Hickory) The Ordinance was given first reading by title and second reading in full. Councilman Allen made a motion for sus- pension of rules. Councilman Ladewski seconded the motion. Motion carried by a roll call vote of 9 ayes and 0 nays. The Ordinance was then given third reading and passed by a roll call vote of 9 ayes and 0 nays. ORDINANCE NO. 4512 - - -62 AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702, AS HERETOFORE AMENDED AND SUPPLEMENTED (Rose Street between Arcadia and 29th Street) 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 and 0 nays. The Ordinance was then given third reading and passed by a roll call vote of 9 ayes and 0 nays. ORDINANCE NO. 4513 - - -62 AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702, AS HERETOFORE AMENDED AND SUPPLEMENTED (Corner of South Bend Avenue and Ironwood;-- Greenwoods) The Ordinance was given first reading by title and second reading in full. Councilman Krueper made a motion for suspension of rules. Councilman Muszynski seconded the motion. Motion carried by a roll call vote of 9 ayes and 0 nays. The Ordinance was then given third reading and passed by a roll call vote of 9 ayes and 0 nays. ORDINANCE NO. 4514 - - -62 AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702, AS HERETOFORE AMENDED AND SUPPLEMENTED (Land in the 1000 and 1100 blocks of West Washington) The Ordinance was given first reading by title and second reading in full. Councilman Muszynski made a motion for suspension of rules. Councilman Lehman seconded the motion. Motion carried by a roll call vote of 9 ayes and 0 nays, The Ordinance was then given third reading and passed by a roll call vote of 9 ayes and 0 nays. ORDINANCE NO. 4515 - - -62 AN ORDINANCE AMENDING ORDINANCE NO. 3702, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND,'INDIANA, AS AMENDED (Relative to Annexations) The Ordinance was given first reading by title and second reading in full. Councilman Lehman made a motion for suspension of rules. Councilman Muszynski seconded the motion. Motion carried by a roll call vote of 9 ayes and 0 nays. The Ordinance was then given third reading and passed by a roll call vote of 9 ayes and 0 nays. ORDINANCE NO. 4516 - - -62 AN ORDINANCE AMENDING ORDINANCE NO. 3702, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED ( Motels ) The Ordinance was given first reading by title and second reading in full., Councilman Lehman made a motion for sus- pension of rules. Councilman Muszynski seconded the motion. Motion carried by a roll call vote of 9 ayes and 0 nay The Ordinance was then given third reading and passed by a roll call vote of 9 ayes and 0 nays. ORDINANCE AN ORDINANCE TO REPEAL ORDINANCE NO. 4373 - - -62 (Airport Annexation) The Ordinance was given first reading by title and second reading in full. Councilman Lehman made a motion for suspension of ruled. Councilman Muszynski seconded the motion. After some discussion, Councilman Lehman withdrew his motion and Councilman Muszynski withdrew his second to the motion. Councilman Glass made a motion that the Ordinance be set for public hearing on October 22, 1962. Councilman Lehman seconded the motion. Motion carried. ORDINANCE NO. 4517 - - -62 AN ORDINANCE TO AMEND SECTION 22 OF CHAPTER 2 OF THE GENERAL ORDINANCE NO. 3709 (Relative to time of Council Meetings) The Ordinance was given first reading by title and second reading in full. Councilman Lehman made a motion for suspension of rules. Councilman Glass seconded the motion. Motion carried by a roll call vote of 9 ayes and 0 nays, The Ordinance was then given third reading and passed by a roll call vote of 9 ayes and 0 nays. ORDINANCE AN ORDINANCE TO AMEND SECTION 6.0 SUBSECTION 6.2 AND SECTION 10.0 OF ORDINANCE NO. 4421 - - -61, AS AMENDED (Television Ordinance) 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 Coleman seconded the motion. Motion carried. ORDINANCE AN ORDINANCE PROHIBITING THE THROWING OR DEPOSITING OF LITTER IN PUBLIC PLACES IN THE CITY OF SOUTH BEND, INDIANA; REGULATING THE DISTRIBUTION OF COMMERICAL AND NON - COMMERCIAL HANDBILLS; CONTROLLING THE DEPOSITING OF LITTER ON PRIVATE PREMISES; PROVIDING A LIE FOR CITY CLEARANCE; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS The Ordinance was given first reading by title and second reading in full. Counadlman-'1ehman made a motion that the Ordinance be referred to the Committee of the Whole for''£urther §ttidy,before::public.:hearing. `Couneiiman'Musz seconded the motion. Motion carried. RESOLUTIONS RESOLUTION OF GOVERNING BODY OF APPLICANT RESOLUTION NO. 16 - - -62 Project No. for FHA Use Resolution authorizing filing of application with the Housing and Home Finance Agency, United States of America, for a grant under the terms of Public Law 345, 84th Congress, as amended by the Public Works Acceleration Act. WHEREAS, under the terms of said Public Law 345, as amended, the United States of America has authorized the making of grants to public bodies to aid in financing the construction of specific public projects: NOW, THEREFORE, Be it Resolved By The Comm Council, City of South Bend, Indiana: 1. That Ralph A. Newman, be and he is hereby authorized to execute and file an applicaiion on behalf of City of South Bend, Indiana, for use and benefit of the Dept. of Public Parks with the Housing and Home Finance Agency, Unit States Qdvernment, for a grant to aid in financing the construction of a Municipal Golf Course and Park & Recreation, Buildings. 2. That Ralph A. Newman, Supt. of Dept. of Public Parks, be and he is hereby authorized and directed to furnish suet information as the Housing and Home Finance Agency may reasonably request in connection with the application which is herein authorized to be filed. /s/ T. W. Lehman Member of the Common Council CERTIFICATE OF RECORDING OFFICER The Undersigned duly qualified and acting,City Clerk of the City of South Bend, Indiana, does hereby certify: That the attached resolution is a true and correct copy of the resolution, authorizing the filing of application with the Housing and Home Finance Agency, as regularly adopted at a legally convened meeting of the Common Council, City of South Bend, Indiana, held on the 8th day of October, 1962; and further that such resolution has been fully 0 RESOLUTION NO. 16 - - -62 (continued) recorded in the journal of proceedings and records in my office. In Witness Whereof, I have hereunto set my hand this 9th day of October, 1962. /s/ Freda G. Noble City Clerk Councilman Lehman 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. 17 - - -62 RESOLUTION AUTHORIZING FILING OF APPLICATION WITH THE HOUSING AND HOME FINANCE AGENCY, UNITED STATES OF AMERICA, FOR A GRANT UNDER THE TERMS OF PUBLIC LAW 345, 84th CONGRESS, AS AMENDED BY THE PUBLIC WORKS ACCELERATION ACT. WHEREAS, under the terms of said Public Law 345, as amended, the United States of America has authorized the making of grants to public bodies to aid in financing the construction of specific public projects: NOW, THEREFORE, Be it Resolived By The Common Council of the City of South Bend, Indiana 1. That Frank J. Bruggner, Mayor of the City of South Bend, Indiana be and he is hereby authorized to execute and file an application on behalf of the City of South Bend with the Housing and Home Finance Agency, United States Government, for a grant to aid in financing the construction of storm sewers and street improvements. 2. That Frank J. Bruggner, Mayor of the City of South Bend, Indiana be and he is hereby authorized and directed to furnish such information as the Housing and Home Finance Agency may reasonably request in connection with the application which is herein authorized to be filed. IT IS FURTHER RESOLVED that from and after the passage, enrollment, attestation and signature by the Clerk and presiding officer and approval by the Mayor, this resolution shall be come effective. /s/ Chester Muszynski Member of Common Council Councilman Lehman made a motion for adoption of the Resolution. Councilman Muszynski seconded the motion. Motion carried by a roll call vote of 9 ayes and 0 nays. RESOLUTION NO. 18 - - -62 RESOLUTION PROVIDING FOR INCREASE IN PLANNED EXPENDITURE FOR CAPITAL IMPROVEMENT PROJECTS WHEREAS, under the terms of Public Law 87 -658, approved September 14, 1962, the United States of America has authorized the making of a grant to aid in financing the construction of a specific public works project, provid the proposed or planned total expenditure of the public body for its capital improvement projects is increased by an amount approximately equal to the non - Federal funds required to complete such public works project; Now, Therefore, Be It Resolved by the Common Council of the City of South Bend: 1. That as of the date of filing of an application by the Municipal City of South Bend, Indiana (hereinafter called Applicant) with the Housing and Home Finance Agency, United States Government, for a grant to aid in financing the construction of storm sewers and street improvements the Applicant had a capital improvements plan or capital improvement budget for the fiscal year or years during which construction of the proposed project is expected to occur; and that the total expenditure for capital improvements in said plan or budget was $1,100,000.00 for the fiscal year ending 1963. 2. That, in the event that said Federal grant is approved by the United States of America, said capital improvements plan or capital budget will be increased by $290,000.00 for the fiscal year ending 1962 and $575,000.00 for the fiscal year ending 1963 for a total increase of $865,000.00 in the proposed or planned total expenditure for capital improvement projects. 3. That said total increase in the proposed or planned total expenditure for capital improvement projects is approximately equal to the non - Federal funds required to complete the public works project for which the application is to be submitted. This resolution is adopted pursuant to the authority of the laws of the General Assembly of the State of Indiana and Ordinances of the City of South Bend, Indiana and further in compliance with the Ordinance of the Comm Council of the City of South Bend, Indiana, known as Ordinance No. 4410 - - -61 and Authorization Ordinance No. 4501 -62. /s/ Eugene Ladewski Member of Common Council Councilman Muszynski made a motion for adoption of the Resolution. Councilman Ladewski seconded the motion. Motion carried by a roll call vote of 9 ayes and 0 nays. OLD BUSINESS Councilman Muszynski stated that he had received complaints from numerous residents, some of whom were present in the Council Chambers, regarding the excessive coal dust from cars being unloaded in a yard adjacent to the 500 block of S. Harris Street. The Council requested Mr. Davies to have a meeting with the residents and the owners of the Coal yard to try to resolve the problem. 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 10:40 P.M. ATTEST: V Clerk AP President