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HomeMy WebLinkAbout09-23-63 Council Meeting MinutesKBUMAK ML'L'T11Vti SEPTEMBER 23, 1963 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 23, 1963, at 8:17 P.M., with all members present. The meeting was called to order by President Joseph T. Kroll, who presided. ROLL CALL PRESENT: Councilmen Kroll, Allen, Ladewski, Tellson, Coleman, Glass, Krueper, Lehman and Muszynski. BASENT: None REPORT OF CONTROLLER FOR AUGUST, 1963 Balance on Hand first of month --------------------------------------------------------------------------- $4,159,631.9' Receipts during month ------------------------------------------------------------------------------------ $1,736,009.61 Disbursements during month ------------------------------------------------------------------------------- $2,789,207.2' Balance on Hand August 31, 1963 -------------------------------------------------------------------------- $3,106,434.31 Councilman Lehman made a motion that the report be accepted and placed on file. Councilman Muszynski seconded the motion. Motion carried. REPORT OF CITY PLANNING COMMISSION September 12, 1963 The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: The attached petition of the Belleville Investment Company Inc., to rezone from "B" Residential Use and "B" Height an( Area District to "C" Commercial Use and "E" Height and Area the property being generally described as bounded on the west by a north -south line 420 feet, more or less, east of Summit Drive, on the west by Summit Drive, on the north by a property line 332 feet, more or less, south of Western Avenue, and on the south by a property line north of Ford Street was legally advertised under date of August 26, 1963, and given public hearing on September 5, 1963. The following action was taken: After due consideration the Commission found that the requested zoning was the most reasonable for the subject area. It was therefore duly moved, seconded,.and unanimously carried that the petition be recommended fa 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 Coleman seconded the motion. Motion carried. REPORT OF CITY PLANNING COMMISSION September 13, 1963 The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: The attached petition of Robert and Elsie Hamilton to rezone from "A" Residential Use and "A" Height and Area District to "B" Residential Use and "A" Height and Area District Lots 1 -9 inclusive of Hamilton Terrace Addition Replat of Lots 26 and 73 of Jackson's Proposed Sub., being more generally described as bounded on the east by Johnson Street, on the west by Huey Street, on the north by Lathrop and on the south by the east -west property line of Lots 26 and 73 of Jackson's Proposed Sub. was legally advertised under date of August 26, 1963 and given public hearing on September 5, 1963. The following action was taken: After due consideration the Commission found that the requested zoning is in the best interest of the area in question. 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 September 13, 1963 The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: The attached petition of the Estate of Dean Tasher to rezone from "A" Residential Use and "A" Height and Area to "B" Residential Use and "B" Height and Area District the property generally described as bounded on the east by St. Joseph Street, on the west by Michigan Street, on the north by Donmoyer Avenue, and on the south by Farneman Avenue was legally advertised under date of August 26, 1963 and given public hearing on September 5, 1963. The following action was taken: After due :consideration the Commission found that the requested zoning was the most desirable for the property and area in question. 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 September 13, 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 and "A" Height and Area I� District to "A" Residential Use and "A" Height and Area District the property generally described.as bounded on the east by the rear property line east of Sheridan, on the west by the rear property line west of Gladstone, on the north by the first east -west alley south of Western And on the south by Ford Street was legally advertised under date of August 26, 1963 and given public hearing on September 5, 1963. The following action was taken: After due consideration the Commission found "A" Residential zoning to be in the best inerest of the subject property. 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 September 13, 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 and "B" Height and Area District to "A" Residential Use and "A" Height and Area District the property generally described as bounded on the east by the first north - south alley west of Gladstone, on the west by Lombardy Drive, on the north by the rear property line - north of Huron Street and on the south by Ford Street was legally advertised under date of August 26, 1963 and given public hearing on September 5, 1963. The following action was taken: After due consideration the Commission found "A" Residantial zoning to be in the best interest of the subject property. 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 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 September 13, 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 and "B" Height and Area District to "A" Residential Use and "A" Height and Area District the propeerty generally described as being bounded on the east by the FoarAot line east -6f Kenmore Street, on the west by Sheridan' Avenue, 'on, the north by- Ford'Street, on;:thetwest by Sheridan Avenue, on':the north by Ford Street, and on the south by the first east -west alley north of Sample Street was legally advertised under date of August 26, 1963 and given public hearing on September 5, 1963. The following action was taken: After due consideration the Commission found that the best zoning for the subject area would be "A" Residential. It was therefore duly moved, sea) nded, 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 September 16, 1963 The Honorable Common Council City of South Bend South Bend,.Indiana Gentlemen: Councilman Muszynski seconded the The attached petition of the City Planning - Commission to rezone from "B" Residential Use and "B" Height and Area District to "A" Residential Use and "A" Height and Area District the property generally described as being bounded on the east by the rear property lines east of Sheridan Avenue, on the west by the west property line of Block D, 211.76 feet west of'Lombardy Drive, on the north by Washington Street, and on the south by the rear property line 340 feet, more or less, north of Western Avenue was legally advertised under date of August 26, 1963 and given public hearing on September 6, 1963. The following action was taken: After due consideration the Commission found that substantial justice would be done by the proposed change. It was therefore duly moved, seconded and unanimously carried that the petition be recommended favorably to the Council with the further recommendation that the following be excluded therefrom Blocks A, D, and the western part of block F to -wit: being generally described as bounded on the east by the rear lot lines of Lots 523 -539 inclusive of the replat of Blocks A and F, on the west by the west, north -south property line of Block D of Garden Village 3rd Unit, on the north by Washington Street and on the south by the south, east -west property lines of Block D and F of Garden Village 3rd Unit and Block F of Garden Village 2nd Unit. 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, FIRST AND SECOND READING AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 AS HERETOFORE AMENDED AND SUPPLEMENTED ( Southwest corner Belleville Shopppng Center) 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 14, 1963. Councilman Coleman seconded the motion. Motion carried. ORDINANCE, FIRST AND SECOND READING AN ORDINANCE AMENDING ORDINANCE NO. 3702 COMMONLY KNOWN AS THE ZONING ORDINANCE C THE CITY OF SOUTH BEND, INDIANA (3000 Block of South Michigan Street) 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 Octdber 14, 1963. Councilman Lehman seconded the motion. Motion carried. ORDINANCE, FIRST AND SECOND READING AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 AS HERETOFORE AMENDED AND SUPPLEMENTED (Lots 1 -9 Hamilton Terrace Addition) 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 14, 1963. Councilman,-Lehman seconded the motion. Motion carried. ORDINANCE NO. 4596 - - -63 AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 (Land bounded by Western, Sheridan, Ford and Gladstone) 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, 0 nays The Ordinance was then given third reading and passed by a roll call vote of 9 ayes and 0 nays. ORDINANCE NO. 4597 - - -63 AN ORDINANCE AMENDING AND-SUPPLEMENTING ZONING ORDINANCE NO. 3702 (Land bounded -by Lombardy, Huron, Gladstone and Ford). 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, 0 nays. ORDINANCE NO. 4598 - - -63 AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 (Land bounded by Sheridan, Ford, Falcon and Sample).. 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 O nays. ORDINANCE, FIRST AND SECOND READING AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 (Land bounded by Washington, Sheridan, Western and Villageway) 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 14, 1963. Councilman Coleman seconded the motion. Motion carried, ORDINANCE,FIRST AND SECOND READING AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS IN THE SEWER DEPARTMENT $5,000.00 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 14, 1963. Councilman Glass seconded the motion. Motion carried. ORDINANCE, FIRST AND SECOND READING AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS IN THE FIRE DEPARTMENT $500.00 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 14, 1963. Councilman Coleman seconded the motion. Motion carried. ORDINANCE, FIRST AND SECOND READING AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS IN THE FAIR EMPLOYMENT PRACTICES COMMISSION, $10.00 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 14, 1963. Councilman Muszynski seconded the motion. Motion carried. ORDINANCE;FIRST AND SECOND READING AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS IN THE CITY PLANNING COMMISSION FUND, IN THE SUM OF $150.00 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 14, 1963. Councilman Muszynski seconded the motion. Motion carried. The President called a 5 minute recess. 8:55P.M. The Meeting reconvened at 9:21 P.M. ORDINANCE, FIRST AND SECOND READING AN ORDINANCE.PROVIDING AN ORDERLY PROCEDURE BY WHICH EMPLOYEES MAY BE HEARD CONCERNING BUDGET ITEMS WHICH EFFECT THEIR SALARIES AND WAGES AND BY WHICH EMPLOYEES MAY PRESENT GRIEVANCES WHICH RESULT FROM DIFFERENCES OF OPINION BETWEEN SUPERVISORS AND EMPLOYEES UPON WORKING CONDITIONS The Ordinance was given first reading by title and second reading in full. Councilman Lehman stated that there are a large number of public hearings already scheduled for October 14th and moved that this Ordinance be set for public hearing on October 28, 1963. Councilman Glass seconded the motion. Motion carried. RESOLUTION NO. 43 - - -63 RESOLUTION FOR ADDITIONAL APPROPRIATIONS IN THE OFFICE OF THE CITY PLANNING COMMISSION $75.00, AND THE TRANSFER OF SAME FROM ONE ACCOUNT TO ANOTHER IN THE SAME CATEGORY OF THE CITY PLANNING COMMISSION 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. 55, described as Subscriptsions and Dues, in the City Planning Commission Fund is depleted :uoT sxap-[SUOO . sOtq-sT ;'e4q SU7Mo-LTO; :agq. SlTmgns i ,- PUS `spuoq *nTJGAax zo aOUSnssT agJ. gsno ; Purchase Assessed Price at Spaces Value of 3 times Area Provided Land & B Assessment Parcel 1. The east side of the 100 block of South Main Street adjacent to the Odd Fellows Building on the north, and Business Systems, Inc., on the- south, running east to the alley. 24,090 72 Parcel 2. The east side of the 100 block of North I-lain Street bounded on-the north by Colfax Ave., on the east by the alley, and on the south by the alley at mid-block. 32,010 108 Total Cost of Property Black Top on Parcel I., Black To-o on Parcel 2. Meters at $90 each. Total Cost $lo6,88o $320,640 154,,370 L'6 3 ,11 0 $783,750 2,660 3,500 16,200 cM6, iio It is proposed that the land be leased to the Doi-mto-vrn South Bend Council, a L, nonpro fi t organization, (or to some newly organized nonprofit corporation to be owned by the downtown businessmen) at an annual rate sufficient to liquidate the bonds over a period of 20 years and pay the interest thereon. This plan appears to be feasible, since our calculations show that revenue bonds totalling $810,000 carrying an interest rate of 5% per annum could be liquidated in twenty equal annual installments of $65,000 each. The estimated income to the non-profit organization is estimated at $50,500 per year and is based on the following premises: a. 50% usage (slightly lower than Barton-Aschman rate.). b. 9 hours per day, 6 days a week, for 112 weeks each year. c. 200 per hv,�tx parking fee (recoy—rended by Barton- As ch-m-an . ) On the basis of the above cor�p U utations, it should be noted th_z the estimated —annuzal U installments exceed the estimated annual income by X15,000® it also should be noted that 655 usage provides a brealre-,ien. it should be further noted tat- the President -f `-he Do,.-7�atoi,,n South Bend Council izidi c,---d the ic,!, usage would approximate 7 5� - The income estimate also may be conservative in, t"aat no atllowance, or income, ha,-:-, been anticipated for niglattti,,e parking. In any event, we believe the stockholders in the nonprofit coa:-.poration should guarantee re-pa�yment of the bonds. At the end of the 20-year -period-, the City would own the two lots anzq_ In the event the bonds are liquidated over a 30-year 'period, the annual installments would be approximately $53,000. Or, the extended period could be utilized to cover additional expenditureso which might be incurred in connection with the implementation of theproject. In view of the importance of the project to the downtown community, it appears reasonable that the Downtown South Bend Council would underwrite any possible relatively small amount involved. It should be mentioned also that the additional annual revenue resulting from changes in curb parking time limits and fees estimated at $47,000 would make the project self-supporting and provide the coverage normally required-for parking revenue bonds. The free enter -rise system was not overlooked in arriving at this decision. Quite to the contrary, it was thoroughly reviewed end discussed but-bo workable solution meeting the requirements of the Barton -Aschman recommendations resulted. The flexibility offered by ownership of the non-profit corporation by the merchants offers many ways for the merchants to promote use of these lots by their customers so that sufficient revenue will be generated to pay o:'f the bonds. More- over, this plan would cost the taxpayer nothing and would provide sufficient space to meet present parking needs in the downtown South Bend core area. Should additional, parking space be needed in the future, a multistory facility could be erected on one, or both, of the lots. It is the opinion of the Committee that this reco=.,endation be made a part of the comprehensive plan for the improvement of the Central District of South Bend resulting from the studies made by Hamer & Co. Associates, and BliLir & Stein Associates, Inc. It is also the opinion of the Committee that its recommendation, if accepted., be implemented as soon as all necessary legal and financing details can be worked out. Mayor Bruggner's Committee South Bend Patking A. J. Port8., Chairman M. L. Milligan R. E. Whiffen I E F_ L-1 • 0 Is 17J RESOLUTION OF BOARD OF PUBLIC SAFETY WHEREAS, the Barton- Aschman survey on Parking, dated April 1962, has been knitted to the Board of Public Safety, and the Mayor of the City of South Bend; and WHEREAS, Mayor Bruggner, subsequent to the receipt of said Barton- Aschman report, appointed A. J. Porta, Chairman, M. L. Milligan, and R. E. Whiffen as a Committee on South Bend Parking to examine the Barton- Aschman survey and to assist. in the implementation of the recommendations made in said report; and WHEREAS, said South Bend Parking Committee submitted their report in July 1963 to Mayor Bruggner; and WHEREAS, Mayor Bruggner has transmitted said South Bend Parking Committee report to the Board of Safety of South Bend, and WHEREAS, said Committee has made certain recommendations; and WHEREAS, the Board believes that certain of said recommendations determine that the establishment, maintenance and operation of sufficient off - street parking faci- lities, properly located, will promote the public safety, convenience and welfare and aid in the policing of traffic. NOW, THEREFORE, BE IT RESOLVED that the Board of Public Safety approves the following recommendation of the South Bend Parking Committee: 1. The acquisition of the following 2 parcels of land, to wit: a) Parcel 1. The East side of the 100 block of South Main Street adjacent to the Odd Fellows Building on the North , and Business Systems on the South, running East to the alley consisting of 24,090 square feet whtch will provide 72 parking spaces; which existing land and buildings have a total tax assessed valuation of $106, 880 and a market value of $320,640. b) Parcel 2. The East side of the 100 block of North Main Street bounded on the North by Colfax Avenue, on the East by the alley, and on the South by the alley mid block, consisting of 32, 010 square feet which will provide 108 parking spaces; which existing land and buildings have a total tax assessed valua- tion of $154, 370 and a market value of $4* ,1 W: 2. That Parcel 1 be blacktopped at a cost of $2, 660.00 and Parcel 2 be black - topped at a cost of $3, 500.00 and that 90 meters be purchased at a cost of $16, 200.00. 3. That the estimated total cost for all of said items set out above is $806,110.00. 4. That when said parcels are ready for occupancy that the land be leased to the Downtown South Bend Council whose payment of rental will liquidate the obligation. The Board approves the leasing to the Downtown South Bend Council only if their bid to lease is in accordance with the law of the State of Indiana as the best bid. 5. That funds for the entire project be acquired through the 'issuance of revenue bonds. 6. That the Board accepts and approves the entire report with the exception of those matters which could not be fulfilled legally and said report is made a part of this Resolution. BE IT FURTHER RESOLVED that a copy of this Resolution be submitted to the Common Council of the City of South Bend at its next regular meeting on the 9th day of September 1963 for its acceptance or rejection. i Atteat: Anthony J S o, Clerk 600 REGULAR MEETING RESOLUTION NO. 44 - - -63 (continued) SEPTEMBER 23, 1963 Councilman Allen made ammotion for adoption of the Resolution. Councilman Krueper seconded the motion. Motion carried by a roll call vote of 8 ayes, (Councilmen Kroll, Allen, Ladewski, Tellson, Coleman, Krueper, Lehman and Muszynski), 1 nay (Councilman Glass). RESOLUTION NO. 45 - - -63 RESOLUTION Concurring in Local Road Revisions required by - the construction of State Route 23 in South Bend, St. Joseph County. WHEREAS, the Indiana General Assembly in an act approved March 6, 1957, provided that, the line or actual location of a state highway may deviate from the location of the public highway as actually traveled at the time such public highway was, under this act, designated as a state highway as may be deemed expedient by the State Highway Commission in order to shorten distance, to eliminate steep grades or sharp turns, to widen narrow portions or otherwise to promote public convenience aad;.safety. Such portion of a public highway as may be abandoned because of the e[anges herein described, shall no longer be considered as a portion of a state high- way, and such abandoned portion of such highway may be maintained as other town or city streets and county highways are now maintained by the respective governmental units in which such abandoned portion of said highway is located; and VVIIEW AS, the Indiana State Highway Commission proposes to reconstruct State Route 23 to modern standards in South Bend, St. Joseph County, and WHEREAS, certain portions of the reconstructed State Route 23 may be on new locations removed from the existing traveled highway and the State Highway Commis- sion, acting through its' authorized engineering staff may designate that portions of the existing traveled State Route 23 shall no longer be considered as a State Highway and the same shall be abandoned to the City; and WHEREAS, the Indiana State Highway Commission, as an established policy, - will place such portions of the traveled highway which are to be returned to local Jurisdiction, in a reasonable state of maintenance, compatible with anticipated usage; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of South Bend, does hereby agree to accept the abandoned portions of the traveled highway into the city maintained system of streets upon com- pletion of the proposed relocation and upon notification of said abandonment action by the Indiana State Highway'Commission. 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, 0 nays. I • • [ 111 ICS 40 REGULAR MEETING SEPTEMBER 23, 1963 RESOLUTION NO. 46 - - -63 RESOLUTION Concurring in Local Road Revisions required by the construction of State Route 20 at South Bend, St. Joseph County. SEAS, the Indiana General Assembly in an act approved March 6, 1957, provided that, the line or actual location of a state highway may deviate from the location of the public highway as actually traveled at the time such public highway was, under this act, designated as a state highway as may be deemed expedient by the i State Highway Commission in order to shorten distance, to eliminate steep grades or sharp turns, to widen narrow portions or otherwise to promote public convenience and safety. Such portion of a public highway as may be abandoned because of the changes herein described, shall no longer be considered as a portion of a state high- way, and such abandoned portion of such highway may be maintained as other town or city streets and county highways are now maintained by the respective governmental units in which such abandoned portion of said highway is located; and WHEREAS, the Indiana State Highway Commission proposes to reconstruct State Route 20 to modern standards at South Bend, St. Joseph County; and WHEREAS, certain portions of the reconstructed State Route 20 may be on new locations removed from the existing traveled highway and the State Highway Commission, acting through its' authorized engineering staff may designate that portions of the existing traveled State Route 20 shall no longer be considered as a State Highway and the same shall be abandoned to the City; and WHEREAS, the Indiana State Highway Commission, as an established policy, will place such portions of the traveled highway which are to be returned to local jurisdiction, in a reasonable state of maintenance, compatible with anticipated usage; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of -South Bend does hereby agree to accept the abandoned portions of the traveled highway into the city maintained system of streets upon com- pletion of the proposed relocation and upon notification of said abandonment action by the Indiana State Highway Commission. Councilman Lehman made a motion for adoption of the Resolution. Councilman Allen seconded the motion. Motion carried by a roll call vote of 9 ayes, 0 nays. Resolution adopted. 011i 602 REGULAR MEETING RESOLUTION NO. 47 - - -63 RESOLUTION SEPTEMBER 23, 1963 WHEREAS, on the 13th day of April, 1960, Edward F. Voorde, then Mayor of the City of South Bend, and Raymond Andrysiak, 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 State of Indiana would build a bridge to be known as the Sample Street Bridge, with all entry ways and exit ways, and that a s a condition of said contract, the City of South Bend would deed all rights of way which they own to the State of Indiana; and WHEREAS, it is necessary that the following described real estate be deeded by the City of South Bend, to the State of Indiana; and WHEREAS, the following described real estate which is the property of the City of South Bend, is needed for the rights of way in reference to the construction of said bridge, to -wit: A part of Lots Numbered 35 and 36 as shown on the Recorded Plat of Rachel Gallagher's First Addition to the City of South Bend, which part is bounded by a line running as follows, viz: Beginning at the Southeast corner of said Lot Numbered 36; thence running North along the East lines of said Lots Numbered 35 and 36 a distance of 44. 5 feet; thence West a distance of 88 feet; thence South a distance of 44. 5 feet to the South line of said Lot Numbered 36; thence East along the said South line of Lot Numbered 36 a distance of 88 feet to the place of beginning in St. Joseph County, Indiana. ALSO: Thirty -three (33) feet West off of the West end of Lot Numbered 36 and the West 33 feet of the South 3 feet of Lot Numbered 35, all as shown on the recorded Plat of Rachel Gallagher Is First Addition to the City of South Bend, containing in all 1, 870 square feet, more or less. ALSO: PARCEL 6 LIMITED ACCESS RIGHT OF WAY: A part of Lots 46 and 47 in Rachel Gallagher Is First Addition to the City of South Bend, the Plat of which is recorded in the office of the Recorder of St. Joseph County, Indiana, described as follows: Beginning at the Northwest corner of said Lot 46; thence Easterly 120. -0 feet along the North line of Lot 46 to the Northeast corner of said Lot; thence South 55 degrees 14 minutes West, 34. 1 feet; thence South 57 degrees 20 minutes West, 67. 2 feet to the existing North boundary of Sample Street; thence Westerly 33. 8 feet along said boundary to the East boundary of Marietta Street; thence Northerly 53. 0 feet along said East boundary to the point of beginning and containing. 4, 118 square feet, more or less. PARCEL 107 LIMI'T'ED ACCESS RIGHT OF WAY: Beginning at a point 37. 7 feet North -,and 152 feet West of the Southeasterly corner of Lot Numbered 20 in August ''Beyer's First Addition to the City of South Bend, which point is in the Western Right of Way line of Northside boulevard; thence Southeasterly along the Western right of way line of North - side Boulevard to the West Boundary of Eddy Street (said boundary being 10 feet West of the East line of Section 12, .Township 37 North, -Range 2 East, St. Joseph County, Indiana); thence Southerly 15. 8 feet along said boundary; thence South 89 degrees 06 minutes West; 218:-8 'feet thence North 35 degrees 39 minutes West, 83. 0 feet; thence`'North 33 degrees 18 minutes West, 90. 0 feet; thence North 38 degrees 46 minutes West, 80. 5 feet.- thence North 29 degrees 44 minutes East, 96. 7 feet to the North property line of Owner's Land; thence due East 127. 9 feet along said property line to the Western right of way line of Northside Boulevard; thence Southerly along said line to the point of beginning and containing 1, 215 acres, more or less. REGULAR MEETING &_ESf3I.LLTICIN Nn 47 - - -63 (continued) SEPTEMBER 23, 1963' ALSU - The limited Access provisions do not apply to the following described right of way not hereinbefore described as limited access right of way. PARCEL 107 PERMANENT_ RIGHT OF WAY: Beginning at a point 37. 7 feet North and 152 feet West of the Southeasterly corner of Lot Numbered 20 in August Beyer's First Addition to the City of South Bend, which point: is the Western Right of Way line of the Northside Boulevard; thence due West to the Meandering line of St. Joseph River for the point of beginning of this description: Thence North 150 feet measured along a straight North and South Line, to the North Property line of the Owner's Land; thence Due East 110 feet along said property line; thence South 29 degrees 44 minutes West, 96. 7 feet; thence South 38 degrees 46 minutes East, 80. 5 feet; thence South 33 degrees 18 minutes East, 90. 0 feet; thence South 35 degrees 39 minutes East, 83. 0 feet; thence South 58 degrees 19 minutes West, 50. 0 feet; thence South 31 degrees 41 minutes East, 75. 0 feet; thence South 37 degrees 24 minutes East, 150. 7 feet; thence South 27 degrees 52 minutes East, 150. 3 feet; thence South 19 degrees 03 minutes East, 59. 4 feet to the Northern Boundary of Eddy Street; thence Southwesterly along said boundary to the meandering line of St. Joseph River; thence Northwesterly along the River to the point of beginning and containing 2. 117 acres, more or less. ALSO: .A part of Lots 35 and 36 in Rachel Gallagher Is First Addition to the City of South Bend, Indiana, the Plat of which is recorded in the Office of the Recorder of St. Joseph County, Indiana, described as follows: The North 0. 5 feet of the East 88 feet of said Lot 36 and the South 3. 0 feet of the East 88 feet of said Lot 35 containing in all, 308 square feet, more or less. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, that the Mayor of the City of South Bend be., and he is hereby authorized to execute said deed for and on behalf of the City of South Bend, and BE IT FURTHER RESOLVED, that said deed j)e counter- signed by Freda G. Noble, Clerk of the City of South Bend. Councilman Lehman made a motion for adoption of the Resolution. Councilman Allen seconded the motion. Motion carr by a roll call vote of 9 ayes, 0 nays. Resolution adopted. RESOLUTION NO. 48 - - -63 WHEREAS, God, in His Infinite Wisdom, has called from this life JOHN COLEMAN, father of our fellow--Council- man Harold Coleman; and WHEREAS, his death has caused much sorrow'to his widow, his sons Harold and John, as well as his many friends in the community. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, that we hereby extend our sincere sympathy to Harold Coleman, Mrs. John Coleman and John Coleman, his son, in this their der- pest.hour of sorrow DATEHD this 23rd day of September, 1963. /s/ Walter G. Grass /s/ T. W. Lehman /s/ Albert Tellson /s/ Joseph T. Kroll /s/ Eugene Ladewski /s/ J. Chester Allen /s/ Paul E. Krueper, Jr. /s/ Chester Muszynski Councilman Lehman made a motion for adoption of the Resolution. Councilman Allen seconded the motion. Motion carrie Resolution Adopted: RESOLUTION NO. 49 - - -63 WHEREAS, God, in His Infinite Wisdom, has called from this life STANLEY MUSZYNSKI, brother of our fellow - Councilman Chester Muszynski; and WHEREAS, STANLEY MUSZYNSKI has been an active Community leader for the past twenty -five years, not only in his own political party, but among scores of Polish - Americans for whom he instituted classes in English and Patriotism so that they could become Citizens of our Country; and, WHEREAS, his loss will be felt keenly not only by his family and friends, but by the various organizations in which he took an active part. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, that we hereby extend our sincere sympathy to Chester Muszynski, Mrs. Stanley Muszynski, his son and daughter, in this, their deepest hour of sorrow. BE IT FURTHER RESOLVED that a duly certified copy of this Resolution be sent to his widow so she may know share in her sorrow. DATED this 23rd day of September, 1963. /s/ T. W. Lehman /s/ Harold L. Coleman /s/ Albert Tellson /s/ Joseph T. Kroll /s/ J. Chester Allen /s/ Eugene Ladewski /s/ Paul E. Krueper, Jr. /s/ Walter G. Glass 6®4 REGULAR MEETING RESOLUTION NO. 49 - - -63 (continued SEPTEMBER 23, 1963 Councilman Lehman made a-motion for adoption of the Resolution. Councilman Allen seconded the motion. Motion carried. Resolution adopted. , There being no further business to come before the Council, Councilman Coleman made a motion to adjourn. Councilman Krueper seconded the motion. Motion carried and the Regular meeting of the Common Council adjourned at 11:40 P.M. ATTEST: APPROVED: Clerk ! j' �' President