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HomeMy WebLinkAbout11-26-62 Council Meeting Minutesti NOVEMBER 26, 1962 Be it remembered that the Comm Council of the City of South Bend, Indiana, met in Regular Session in the Council Chambers, City Hall, Monday, November 26, 1962, at 8:21 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. /sl Albert Tellson /sl Joseph T. Kroll Committee lsl T. W. Lehman South Bend, Ind., November 26, 1962 Minutes of Meetings of October 22, 1962 and November 7, 1962. Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Lehman seconded the motion. Motion carried. COMMUNICATION City Council South Bend, Indiana Gentlemen: November 21, 1962 We are requesting that the property on the north side of Linden Avenue between Walnut &. Birdsell Streets remain "Commercial ". Our main purpose for purchasing our property was because of its commercial zoning. By your proposed rezoning, our plans for future rebuilding & expanding are placed in jeopardy. As you well know, location is vital to any busines much throught and consideration is given before property is purchased for a business. For these reasons, we are s REGULAR MEETING asking that you do not rezone our area. NOVEMBER 26, 1962 AIX As yet, we have been unable to find out your reason for the proposed action. Your first proposal called for rezoning the property on Linden Avenue between Walnut & Wilber Streets. This included a large commercial building located on the corner of Birdsell and Linden, owned by a white person. Now we find,,that you have decided not to include this property, freeing him of any possible zoning problems. The only two businesses that would be effected, should this proposal be approved, are those owned by two Negroes; namely, Clark's Funeral Chapel and the Delux Barber Shop. We don't know your reason or purpose for this proposed action, but from the information we have received, we are only able to read into this situation a tinge of racial discrimination and gross unfairness. Respectfully, /s/ Paul D. Clark Clark's Funeral Chapel 1321 W. Linden Avenue /s/ Herbert E. Barham The Delux Barber Shop 1423 W. Linden Avenue I am not in favor with the rezoning: /s/ Fitzgerald L. Smith, 1431 Linden /s/ Russell Thomas, 1324 Linden /s/ Eula Marsh, 1319 Linden Ave. /s/ Mr. Mrs. Charlie Walker, 1309 W. Linden /s/ Jessie Hraves, 1307 Linden /sl Mark Amos, 1421 Linden Ave. /sl Mr. & Mrs. Clem J. Markowski, 1407 Linden Ave. Councilman Lehman made a motion that the communication be accepted and placed on file. Councilman Allen seconded the motion'. Motion carried. COMMUNICATION A communication from Rural Bankers Insurance Company, 811 East Jefferson Boulevard, South Bend, Indiana, was read by the Clerk - complaining about the condition of the land at 825 East Jefferson Boulevard. Councilman Lehman made a motion that the communication be referred to the Board of Public Works and Safety for immediate action. Councilman Tellson seconded the motion. Motion carried. PETITIONS Petition of Drewry's Inc., to rezone the land owned by Drewry's and upon which their buildings are situated and the land surrounding same. Councilman Muszynski made a motion that the petition be referred to the City Planning Commission. Councilman Lehman seconded the motion. Motion carried. Petition of Ramco, Inc., to zone land which =is.being. annexed and which is located along Ironwood Road. Councilman Lehman made a motion that the petition be referred to the City Planning Commission. Councilman Muszynski seconded the motion. Motion carried. REPORT OF CONTROLLER FOR THE MONTH OF OCTOBER, 1962 Balance on Hand First of Month ------------------------------------------------------------------------- $3,062,041.44 Receipts during Month ---------------------------------------------------------------------------------- $2,012,772.20 Disbursements during Month ----------------------------------------------------------------------------- $2,136,744.74 Balance on Hand October 31, 1962 ----------------------------------------------------------------------- $2,938,068.90 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 ORDINANCE NO. 4381 - - -61, COMMONLY KNOWN AS THE 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 REPORTED FAVORABLE. /s/ T, W. Lehman, Chairman November 26, 1962 Councilman Tellson 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 POLICE DEPARTMENT, FIRE DEPARTMENT AND OFFICE OF THE CITY CLERK - $13,400.00, Respectfully report that they have examined the matter and that in their opinion IT SHOULD BE REPORTED FAVORABLE, AS AMENDED. /s/ T. W. Lehman, Chairman November 26, 1962 Councilman Lehman made a motion that the report be accepted and placed on file. Councilman Muszynski seconded the motion. Motion carried. F- 510 REGULAR MEETING NOVEMBER 26, 1962 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 PROHIBITING THE THROWING OR DEPOSITING OF LITTER IN PUBLIC PLACES IN THE CITY OF SOUTH BEND, INDIANA; REGULATING THE DISTRIBUTION OF COMMERCIAL AND NON - COMMERCIAL HANDBILLS; CONTROLLING THE DEPOSITING OF LITTER ON PRIVATE PREMISES; PROVIDING A LIEN FOR CITY CLEARANCE; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS, Respectfully report that they recommend that the Ordinance be returned to the Committee of the Whole for further study, /s/ T. W. Lehman, Chairman November 26, 1962 Councilman Krueper 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 TO AMEND ORDINANCE NO. 3913, (AS AMENDED) (Electrical Inspection), Respectfully report that they have examined the matter and that in their opinion IT SHOULD BE REPORTED FAVORABLE, AS AMENDED, AND SET IT FOR PUBLIC HEARING AT THE NEXT MEETING. /s/ T. W. Lehman, Chairman November 26, 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 A;RESOLUTION CONCERNING PRESENTATION OF RESOLUTIONS TO THE COUNCIL, Respectfully report that they have examined the matter and that in their opinion ITSHOULD BE REPORTED FAVORABLE. /s/ T. W. Lehman, Chairman November 26, 1962. Councilman Lehman made a_motion that the report be accepted and placed on file. Councilman Muszynski seconded the motion. Motion carried. ORDINANCE NO. 4530 - - -62 AN ORDINANCE AMENDING ORDINANCE NO. 4381 - - -61, COMMONLY KNOWN AS THE BUILDING CODE FOR THE CIVIL CITY OF SOUTH BEND, INDIANA The Ordinance was given third reading and passed by a roll call vote of 9 ayes and 0 nays. ORDINANCE NO. 4531 - - -62 AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS IN THE POLICE DEPARTMENT, FIRE DEPARTMENT, AND OFFICE OF THE CITY CLERK, $13,400.00 The Ordinance was given third reading and passed by a roll call vote of 9 ayes and 0 nays. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702,. (North side of Linden between Wilber and Walnut) Councilman Lehman made a motion to table the Ordinance. Councilman Glass seconded the motion. Motion carried. REPORT OF THE CITY PLANNING COMMISSION November 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 9.5 acres, more or less, being generally described as being bounded by Hickory Road on the east, by Edison Road on the south, on the west by the present city limits and on the north by Bulla Road was legally advertised under date of October 22, 1962 and given public hearing on November 1, 1962.. The following action was taken: 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 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. REGULAR MEETING REPORT OF THE CITY PLANNING COMMISSION November 8, 1962 The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: NOVEMBER 26, 1962 511 The attached petition of Ramco, Inc., to annex to the City of South Bend, Indiana, the north one -half of 'the south- west one - quarter of Section 20, T37N, R3E, generally described as 80 acres fronting on the east side of Ironwood Road North of Inwood Road was legally advertised under date of October 22, 1962 and given public hearing on November 1962. The following action was taken: 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 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 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 November 15,1962 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 "D" Height and Area District both sides of Walnut Street from Ford Street south to the first east -west alley north of Dunham Street was legally advertised under date of October 22, 1962 and given public hearing -on November 1, 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. 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 November 15, 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 "D" Height and Area District to "A" Residential Use Distract and "A" Height and Area District the property being generally described as both sides of Olive Street from the first east -west alley south of Western south to Grace Street, plus four lots at the northwest and sothwest corners of Huron and Phillipa Street was legally advertised under date of October 22, 1962 and given public hearing on November 1, 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 Lehman made a motion that the report be accepted and placed on file. Councilman. Muszynski seconded the motion. Motion carried. 512 REGULAR MEETING NOVEMBER 26, 1962 REPORT OF THE CITY PLANNING COMMISSION November 15, 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 "D" Height and Area District to "A" Residential Use and "A!' Height and Area District the property generally described as the west side of Olive Street from the first east -west alley north of Poland Street, south to Fisher Street and the east side of Olive Street from Dunham Street south to the railroad tracks was legally advertised under date of October 22, 1962, and given public hearing on November 1, 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 reconmended 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 November 8, 1962 The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: The attached petition of Fred and Bernice Geyer, 3503 Kent Lane to rezone from "A" Residential Use District to "B" Residential Use District and "A'' Height and Area District the southwest corner of Jefferson and 32nd Street was legally advertised under date of October 22, 1962, and given public hearing on November 1, 1962. The following act was taken: After due consideration the Commission found that the granting of this petition would result in spot zoning. It was therefore duly moved, seconded and unanimously carried that the petition be recommended unfavorably 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. ORDINANCE NO. 4532 - - -62 AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LANDS (9.5 acres along Hickory between Bulla and Edison) The Ordinance was given first reading by title and second reading in full. Councilman Allen 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. 4533 - - -62 AN ORDINANCE ANNEXING TO THE CITY OF SOUTH BEND CERTAIN TERRITORY CONTIGUOUS THERETO (80 acres on Ironwood north of Inwood --- Ramco) 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. 4534 - - -62 AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 (Land on Walnut between Ford and Dunham) 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. REGULAR MEETING 513 ORDINANCE NO. 4535 - - -62 NOVEMBER 26, 1962 AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 . (Land on Olive between Western and Grace) 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. 4536 - - -62 AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 (Land on Olive between Poland and Dunham) The Ordinance was given first reading by title and second reading in full. Councilman Muszynski 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 AN ORDINANCE TO AMEND ORDINANCE NO. 3913 (AS AMENDED ) (ELECTRICAL INSPECTION) Councilman Lehman made a motion that the Ordinance be set for public hearing on December 10, 1962. Councilman Krueper seconded the motion. Motion carried. ORDINANCE AN ORDINANCE DEFINING RESTAURANT, FOOD, ITINERANT, RESTAURANT, EMPLOYEE, UTENSIL, HEALTH OFFICER AND OTHER ITEMS; REQUIRING PERMITS, LICENSES, LICENSE FEES FOR THE OPERATION OF RESTAURANTS AND ITINERANT RESTAURANTS; PROHIBITING THE SALE OF ADULTERATED, UNWHOLESOME, OR MISBRANDED FOOD; REGULATING THE INSPECTION OF RESTAURANTS AND ITINERANT RESTAURANTS; PROVIDING FOR THE ENFORCEMENT OF THIS ORDINANCE; AND FIXING PENALTIES The Ordinance was given first reading by title and second reading in full. Councilman Ladewski made a motion that the Ordinance be set for public hearing on December 10, 1962. Councilman Allen seconded the motion. Motion carried ORDINANCE AN ORDINANCE APPROVING A CONTRACT BETWEEN THE SOUTH BEND CITY WATER WORKS AND STOCKBERGER MACHINERY, INC., FOR THE PURCHASE OF AN INGERSOLL RAND, MODEL 85, AIR COMPRESSOR, TOOLS AND ACCESSORIES, FOR THE SUM OF $4,485.00 The Ordinance was given first reading by title *n4 sad reading in full. Councilman Lehman made a notion for:suisg sion of rules, Councilman Allen seconded the motion. Motion lost upon 'roll call vote. Councilman.: Lehman made 'a motion that the Ordinance be set for public hearing on December 10, 1962. Councilman Muszynski seconded the motion. Motion carried. RESOLUTION NO. 23 - - -62 RESOLUTION FOR ADDITIONAL APPROPRIATIONS IN THE PARK GENERAL FUND - $9,300.00 AND THE TRANSFER OF SAME FROM ONE ACCOUNT TO ANOTHER IN THE SAME CATEGORY OF THE PARK DEPARTMENT 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 ed at this time. SECTION 1. That the following accounts be reduced in the amounts set opposite each account, to -wit: ACCT. NO. CLASSIFICATION ITEM AMOUNTS 260 Contractual Paving $7,000.00 381 Supplies Spray Materials 500.00 441 Materials Seeds, Trees, Flowers 1,500.00 311 Supplies Fuel, Coal and Oil 300.00 Total $9,300.00 SECTION 2. That the following accounts be increased in the amounts set opposite each account, to -wit: ACCT. NO. CLASSIFICATION ITEM AMOUNTS 261 Contractual Other Contractual Services $7,000.00 321 Supplies Gasoline 500.00 41 Materials Building 1,500.00 382 Supplies Zoo Feed 300.00 Total $9,300.00 NOW) THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend that the sum of $9,300.00 be transferred from Accounts No. 260, 381, 441 and 311 to Accounts No. 261, 321, 41 and 382 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 operation and function of the Department of Public Parks of South Bend, and an extraordinary emergency is declared to exist concerning the foregoing transfer. /s/ Harold L. Coleman Member of the Common Council. Councilman, Lehman moved for adoption of the Resolution. Councilman Muszynski seconded the motion. Motion,carried 514 'REGULAR MEETING NOVEMBER 26, 1962 RESOLUTION NUMBER 24 - - -62 RESOLUTION FOR ADDITIONAL APPROPRIATIONS IN THE ENGINEERING DEPARTMENT - $1,000.00 AND THE TRANSFER OF SAME FROM ONE ACCOUNT TO ANOTHER IN THE SAME CATEGORY OF THE ENGINEERING DEPARTMENT WHEREAS, certain extraordinary cond;t- ions,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 City Government to meet such extraordinary emergencies; and WHEREAS, Account No. L -725, described as Office Equipment, under the Engineering Department budget is depleted and the sum of OneThousand ($1,000.00) Dollars is needed forthwith, and WHEREAS, Under Account No. L -722, described as Motor Equipment, under the Engineering Department, there is One Thousand ($1,000.00) Dollars that will not be needed at this time. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, that the sum of One Thousanc ($1,000.00) Dollars be transferred from Account No. L -722, described as Motor Equipment under the Engineering Depart- ment, to Account No. L -725, described as Office Equipment, under the Engineering Department. /sl T. W. Lehman Member of the Common Council Councilman Lehman made a motion for adoption of the Resolution, Councilman Kruepar seconded the motion. Motion carried by a roll call vote of 9 ayes, 0 nays. Resolution Adopted. RESOLUTION NUMBER 25 RESOLUTION xoR ADDITIONAL APPROPRIATIONS IN THE OFFICE OF THE CONTROLLER - $500.00 AND THE TRANSFER OF SAME FROM ONE ACCOUNT TO ANOTHER IN THE SAME CATEGORY OF THE OFFICE OF CONTROLLER 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 City Government to meet such extraordinary emergencies; and WHEREAS, Account No. B -242, described as Publication of Legal Notices, under the Office of Controller budg is depleted and the sum of Five Hundred ($500.00) Dollars is needed forthwith; and WHEREAS, Under Account No. B -241, described as Printing Other than Office Supplies, under the Office of Controller, there is Five Hundred ($500.00) Dollars that will not be needed,at this time. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, that the sum of Five Hundred ($500.00) Dollars be transferred from Account No, B -241, described as Printing, Other than Office Supplies, under the Office of the Controller, to account No. B -242, described as Publication of Legal Notices, under the Office of Controller. /s/ Joseph T. Kroll Member of the Common Council Councilman Lehman made a motion for adoption of the Resolution. Councilman Muszynski sew nded the motion. Motion carried by a roll call vote of 9 ayes and 0 nays. Resolution adopted. RESOLUTION relative to presentation of Resolutions to the Council. Councilman Lehman made a motion to send the Resolution back to the Committee of the Whole for further study. Councilman Muszynski seconded the motion. Motion carried. Councilman Ladewski made a motion that the Clerk be directed to send a letter of condolence to Mrs. Joseph McDonnell and her family and to the City Of Mishawaka upon the death of City Engineer Joseph McDonnell. Councilman Tellson seconded the motion. Motion carried. There being no further business to come before the Council, Councilman Muszynski made a motion to adjourn. Counci Tellson seconded the motion. Motion carried and the Regular Meeting of the Common Council adjourned at 10:21 P.M. ATTEST: APPROVED: CLERK PRESIDENT