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HomeMy WebLinkAbout03-11-63 Council Meeting MinutesBe 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, March 11, 1963, at 8:50 P.M., with all members present except Councilman Glass. The meeting was called to order by President Joseph T. Kroll, who presided. ROLL CALL PRESENT: Councilmen Kroll, Allen, Ladewski, Tellson, Coleman, 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/ Albert Tellson ; Committee /s/ T. W. Lehman ; South Bend, Inc., March 11, 1963 Minutes of Meeting of February 25, 1963 Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Lehman seconded the motion. Motion carried. COMMUNICATION A Communication from John J. Gunther, Executive Director of The United States Conference of Mayors, inviting the Council to attend the Annual Conference of Mayors in Honolulu, Hawaii, June 8 -13, at the Hilton Hawaiian Village Hotel with a post - conference tour to other Hawaiian islands, was read by the Clerk. Councilman Lehman made a motion that the Communication be accepted and placed on file. Councilman Muszynski s the motion. Motion carried. COMMUNICATION A Communication from Clinton C. Morgan, Soil Conservationist for the St. Joseph County Soil and Water Conservation District with an attached Resolution relative to keeping streams, rivers and highways clean of pollution and advocating a modern refuse disposal system, was read by the Clerk. A Resolution adopted by the Michiana Watershed Incorporated relative to the same subject was read. Councilman Lehman moved that the Communication and Resolutions be referred to the Health Committee of the Council. Councilman Tellson seconded the motion. Motion carried. COMMUNICATION Mr. Joseph Kroll 417 North Walnut Street South Bend, Indiana Dear Mr. Kroll: February 27, 1963 Under provisions of Ordinance No. 4421 - - -61, the President of the Common Council, with the approval of the Common Council, appointed Mr. Eugene Ferran, a person engaged in the business of selling television sets and or equipment; Mr. Steve Molenda, antenna installer; and Mr. Joseph Bajdek, layman, as members of the TV Examining Board. These appointments expre on March 1, 1963. Mr. Ferran, Mr. Molenda and Mr. Bajdek have fulfilled their duties as members of said Board in a commendable manner. Their appointment, for a term of two years, is highly recommended. Respectfully yours, /s/ Louis E. Smogor Louis E. Smogor Building Commissioner .. Councilman Muszynski made a motion that the Communication be accepted and placed on file. Councilman Lehman s the Motion. Motion carried. RETORT OF CONTROLLER FOR FEBRUARY 1963 Balance on Hand first of Month----------------------------------------------------------------- - - - - -- $3;283;741;31 Receipts during Month -------------------------------------------------------------------------------- $1,388,422.24 Disbursements during Month --------------------------------------------------------------------------- $1,200,874.89 Balance on Hand February 28, 1963 -------------------------- ------------------------------------------ $3,471,288.66 Councilman Lehman made a motion that the report be accepted and placed on file. Councilman Ladewski seconded the motion. Motion carried. REPORT OF BOARD OF PUBLIC WORKS AND SAFETY To Members of the Common Council City of South Bend, Indiana Gentlemen: At its regular meeting on March 4, 1963, the Board of Public Works & Safety rescinded the following Improvement Resolutions, due to the fact that more than 51% of resident property owners had remonstrated: Improvement Resolution No. 3065: South Caroline Street from Calvert Street to Dayton Street by constructing a re- surface pavement. Improvement Resolution No. 3066: East Donald Street from Leer Street to Sampson Street by constructing a resurface pavement. REPORT OF BOARD OF PUBLIC WORKS AND SAFETY (continued) Improvement Resolution No. 3069: Marquette - Parkovash Special Assessment District by constructing a resurface pavemen4- Improvement Resolution No. 3072: Marquette Special Assessment District by constructing a resurface pavement. The Board has directed that the above information be forwarded to the members of the Common Council to ascertain whether the Council would be interested in meeting with the Board to discuss possible further action on these Resolutions. Respectfully submitted, /s/ Anthony J. Sabo Anthony J. Sabo, Clerk Board of Public Works & Safety AJS :ES Councilman Lehman made a motion that the report be accepted and placed on file. Councilman Ladewski seconded the motion. Motion carried. President Kroll noted that there were present in the Chambers a group of students and asked the students to identify themselves by stating their names, home towns and classification in school. Most of the Students were Political Science Majors at Notre Dame and a few students were from Adams Government classes. 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 PROVIDING FOR THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF SOUTH BEND, INDIANA (37.8 acres South of Jackson and East of Miami -Crest Manor), Respectfully report that they have examined the matter and that in their opinion IT SHOULD BE REPORTED FAVORABLE. /s/ T. W. Lehman, Chairman March 11, 1963 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 TO AMEND "THE ZONING ORDINANCE OF THE CITY OF.SOUTH BEND, INDIANA ", ALSO KNOWN AS ORDINANCE NO. 3702, BY THE ADDITION OF EXTRA REQUIREMENTS IN REGARD TO THE USE OF LAND FOR THE MAINTENANCE OF USE AND OPERATION OF STREET SURFACE, OPEN LOT AUTOMOBILE WASHING OPERATIONS, Respectfully re- port that they have examined the matter and that in their opinion IT SHOULD BE REFERRED TO CITY PLAN COMMISSION FOR PUBLIC HEARING. /s/ T. W. Lehman, Chairman March 11, 1963 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 AUTHORIZING THE DONATION OF LAND TO AID IN THE ERECTING OF AN ARMORY IN THE CITY OF SOUTH-BEND, Respectfully report that they have examined the matter and that in their opinion IT SHOULD BE REPORTED FAVORABLE. /s/ T. W. Lehman, Chairman March 11, 1963 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 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 have examined the matter and that in their opinion IT SHOULD BE REFERRED TO ORDINANCE COMMITTEE. T. W. LEHMAN, Chairman March 11, 1963 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 Comm 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 FAVORABLY. March 11, 1963 /s( T. W. Lehman, Chairman Councilman Lehman made a motion that the report be accepted and placed on file. Councilman Krueper seconded the moti 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 PROVIDING FOR THE CONTROL OF LAND SUBDIVISIONS AND TH APPROVAL OF PLAT AND REPLAT OF LAND WITHIN THE TERRITORIAL JURISDICTION OF THE SOUTH BEND CITY PLANNING COMMISSION; PROVIDING PENALTIES FOR VIOLATION AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, Respect- fully report that they have examined the matter and that in their opinion IT SHOULD BE REPORTED AS FAVORABLE. /s/ T, W. Lehman, Chairman March 11, 1963 Councilman Lehman made a motion that the report be accepted and placed on file. Councilman Ladewski seconded the motion. Motion carried. ORDINANCE NO. 4560 - - -63 AN ORDINANCE PROVIDING FOR THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF SOUTH BEND, INDIANA (37.8 acres South of Jackson & East of Miami - Crest Manor) The Ordinance was given third reading and passed by a roll call vote of 8 ayes, 0 nays 1 absent (Councilman Glass). ORDINANCE NO. 4561 - - -63 AN ORDINANCE AUTHORIZING THE DONATION OF LAND TO AID IN THE ERECTING OF AN ARMORY IN THE CITY OF SOUTH BEND The Ordinance was given third reading and passed by a roll call vote of 8 ayes, 0 nays, 1 absent (Councilman Glass). ORDINANCE NO. 4562 - - -63 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 The Ordinance was given third reading and passed by a roll call vote of 8 ayes, 0 nays, 1 absent (Councilman Glass). ORDINANCE NO. 4563 - - -63 AN ORDINANCE PROVIDING FOR THE CONTROL OF LAND SUBDIVISION AND THE APPROVAL OF PLAT AND REPLAT OF LAND WITHIN THE TERRITORIAL JURISDICTION OF THE SOUTH BEND CITY PLANNING COMMISSION; PROVIDING PENALTIES FOR VIOLATION AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH The Ordinance was given third reading and passed by a roll call vote of 8 ayes, 0 nays, 1 absent (Councilman Glass). REPORT OF CITY PALNNING COMMISSION March 11, 1963 The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: The attached petition of the City Planning Commission to resone from "B" Residential Use District and "B" Height and Area District to "A" Residential Use District and "A" Height and..Area District Lots"183H200 inclusive of Brentwood Estates 4th Addition being generally described as being bounded on the east by Kentucky Street, on the west by Ryer Street, on the north by Lincolnway West and on the south by Crumstown Avenue (Ardmore Trail) was legally advertised under date of February 253, 1963 and given public hearing on March 7, 1963. The following action was taken: After due consideration the Commission found that the best zoning for the subject area would be "A" Residential Use and ''A',' Height and Area District. It was therefore duly moved, seconded, and unanimously carried that the p&.ition 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. REPORT OF CITY PLANNING COMMISSION March ll, 1963 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 "A" Residential Use and "A" Height and Area District the west side of Arnold Street from Huron Street south to Sample Street and the north side of Sample Street from Arnold Street west to Webster 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 property would be "A" Residential Use. It was therefore duly moved, seconded, and unanimously carried that the petition be recommended favorably to the Council with the further recommendation that the ordinance be amended, from the floor, to exclude Lots 43 -48, inclusive- of Arnold and Websters Sub, B. 0. L. 103, said lots fronting on West Stele Street between Arnold and Webster. Very truly yours, /si Robert L. Huff, Director of Planning REPORT OF CITY PLANNING COMMISSION (continued) Councilman Lehman made a motion that the report be accepted and placed on file. Councilman Ladewski seconded the motion. Motion carried. REPORT OF CITY PLANNING COMMISSION March 11, 1963 The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: The attached petition of the City Planning Commission to rezone from "B" Residential Use District and "B" Height and Area District to "A" Residential Use District and "A Height and Area District lots 40 -86 inclusive and Lots 110 -124 inclusive of Part of Brentwood Estates 1st Addition Section "B" also Lots 164 -181 inclusive and Parcel 1, 2, and 3 all a part of Brentwood Estates was legally advertised under date of February 25, 1963 and given public hearing on March 7, 1963. The following action was taken: After due consideration the Commission found that the best zoning for the subject property would be "A" Residential Use and "A" Height and Area District. It was therefore duly moved, seconded and unanimously carried that the petition be recommended favorably to the Council. Very truly yours, CITY PLANNING COMMISSION /s/ Robert L. Huff Robert L. Huff Director of Planning RLH /cf attach. Councilman Lehman made a motion that the report be accepted and placed on file. Councilman Ladewski seconded the motion. Motion carried. REPORT OF CITY PLANNING COMMISSION March 11, 1963 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 was legally advertised under date of February 25, 1963 and given public hearing on March 7, 1963. The following action was taken: After due consideration it was duly moved, seconded, and unanimously carried that this Ordinance be recommended favorably to the Council. Very truly yours, CITY PLANNING COMMISSION /s/ Robert L. Huff Robert L. Huff Director of Planning RLH /cf attach. Councilman Lehman made a motion that the report be accepted and placed on file. Councilman Tellson seconded the motion. Motion carried. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 (Land between Lincolnway West and Crumstown Avenue) 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 March 25, 1963. Councilman Lehman seconded the motion. Motion carried. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 (Land along the west side of Arnold Street) The Ordinance was given first reading by title and second reading in full. Councilman Muszynski made a motion to amend the Ordinance, as follows: "That Lots 43 through 48, inclusive, being those lots facing Sample Street, be excluded from the Ordinance. Councilman Lehman seconded the motion. Motion carried. Councilman Lehman then moved that the Ordinance, as amended, be set for public hearing on March 25, 1963. Councilman Muszynski seconded the motion. Motion carried. ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 (Land on Sheridan between Lincolnway West and Crumstown Avenue) The Ordinance was given first reading by title and second reading in full. Councilman Lehman moved that the Ordinanc� be set for public hearing on March 25, 1963. Councilman Ladewski seconded the motion. Motion carried. ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 3702, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED ` {Relative to procedure of Amendments) 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 March 25, 1963. Councilman Ladewski seconded the motion. Motion carried. ORDINANCE NO. 4564 - - -63 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE SOUTH BEND SEWAGE TREATMENT PLANT AND THE AA -1 SEWER CLEANING INCORPORATION AND ACE ENGINEER EQUIPMENT ENTERPRISES OF 348 FURNACE STREET, ELYRIA, OHIO, TO SUPPLY ALL NECESSARY EQUIPKKNT, LABOR AND SnIVICES TO COMPLETELY DEWATER AND CLEAN 4 100- FOOT;DIAMETER DIGESTERS FOR.THE SUM OF $10,000.00 (As Amended) The Ordinance was given first reading by title and second reading in full. Councilman Lehman made a motion to amend the Ordinance as follows: In the title by inserting "4" before 110 foot Diameter Digesters, and in Section I. by inserting "4" before 110 foot - Diameter Digesters. Councilman Allen seconded the motion. Motion carried. Councilm Muszynski then made a motion for suspension of rules. Councilman Allen-seconded the motion. Motion carried by a roll call vote of 8 ayes, 0 nays, 1 absent (Councilman Glass). The Ordinance was then given third reading and pass by a roll call vote of 8 ayes, 0 nays, 1 absent (Councilman Glass). REPORT OF FEES AND SALARIES COMMITTEE To the Common Council of the City of South Bend: Your Committee on Fees and Salaries, to whom was referred the salaries for elected officials for the years 1964 to 1967, inclusive, Respectfully report that they have examined the matter and that in their opinion the salaries for the following elected officials for the term stated shall be as follows: Mayor $15,500.00 City Clerk 9,000.00 City Judge 8,250.00 Members of Council (each) 2,400.00 /s/ Paul E. Krueper, Jr. . Chairman Councilman Lehman made a motion that the report be accepted and placed on file. Councilman Muszynski sedonded the motion. Motion carried. ORDINANCE AN ORDINANCE FIXING THE ANNUAL SALARIES PAYABLE FROM THE GENERAL FUND, FOP. OFFICERS OF THE CITY OF SOUTH BEND TO BE ELECTED FOR THE TERM COMMENCING JANUARY 1, 1964 AND FIXING THE TIME WHEN THE SAME SHALL TAKE EFFECT 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 March 25, 1963. Councilman Krueper seconded the motion. Motion carried. Councilman Allen made a motion that Notice of Public Hearing be published,in The South Bend Tribune and The Record on the 15th and 22nd days of March, 1963. Councilman Lehman seconded the motion. Motion carried. RESOLUTION NO. 30 - - -63 RESOLUTION FOR ADDITIONAL APPROPRIATIONS IN THE STREET AND TRAFFIC FUND - $13,000.00 AND THE TRANSFER OF SAME FROM ONE ACCOUNT TO ANOTHER IN THE SAME CATEGORY OF THE STREET AND TRAFFIC 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 City Government to meet such extraordinary emergencies; and WHEREAS, Account No. S -422, described as Salt under the Street and Traffic Fund Budget is depleted and the sum of Thirteen Thousand ($13,000.00) Dollars is needed forthwith; and WHEREAS, Under Account No. S -421, described as Street and Alley Materials, under the Street and Traffic Fund, there is Thirteen Thousand ($13,000.00) 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 Thirteen Thousand ($13,000.00) Dollars be transferred from Accolnt No. S -421, described as Street and Alley Materials under the Street and Traffic Fund, to Account No. S -422, described as Salt, under the Street and Traffic Fund. is/ Paul E. Krueper, Jr. Member of the Common Council Councilman Muszynski made a motion for adoption of the Resolution. Councilman Tellson seconded the motion. Motion carried by a roll call vote of 8 ayes, 0 nays, 1 absent (Councilman Glass). RESOLUTION NO. 31 - - -63 RESOLUTION OF COMMON COUNCIL OF SOUTH BEND, INDIANA, APPROVING THE AMENDED URBAN RENEWAL PLAN AND THE FEASIBILITY OF RELOCATION FOR PROJECT NO. INDIANA R -7. The Clerk read Resolution No. 31 in its entirety and upon motion made by Councilman Muszynski and seconded by Councilman Lehman, it was adopted by a roll call vote of 8 ayes, 0 nays, I absent (Councilman Glass), and ordered placed on file. OLD BUSINESS Councilman Muszynski informed the members of the Council that the coal dust situation in the area between Harris and Kosciuszko Streets had not been resolved and that he was receiving many complaints. The Council directed the Clerk to ask the Board of Public Works and Safety to meet with a representative of the Rose Fuel Company on Wednesday, March 13, 1963, at 10:00 A.M., in a Special Session of the Board, to try to work out a solution to this problem. NEW BUSINESS Upon Motion made by Councilman Lehman and seconded by Councilman Allen and duly carried, the Council reappointed Lawrence E. Ferran and Steven Molenda and appointed Ronald J. Janowczyk to serve on the Television Examining Board. There being no further business to come before the Council, Councilman Muszynski made a motion to adjourn. Councilm Lehman seconded the motion. Motion carried and the Regular Meeting of the Common Council adjourned at 10.-12 P.M. ATTEST: CLERK APPROVED: PRESIDENT