HomeMy WebLinkAbout01-13-64 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 of South Bend on Monday, January 13, 1964, at 8:00 P.M. with all members present.
The meeting was called to order by President John L. Hunter, Jr.
ROLL CALL
PRESENT: Councilman Hunter, Allen, Palmer, Wise, Geilk,
Szymkowiak, Glass, Smith and Muszynski.
REPORT OF COMMITTEE ON MINUTES
To the Common Council of the City of South Bend:
Your Committee on 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/ John L. Hunter Jr. )
" Walter Glass ) Committee
" Chester Muszynski )
Minutes of January 6, 1964.
Councilman Glass made a motion that the report be accepted and placed on file. Councilman Smith seconded the
motion. Motion carried.
COMMUNICATION
To the Common Council of the City of South Bend, South Bend, Ind. January 13, 1964
Gentlemen:
This is a joint request by Judge Philip C. Potts and Sgt. Miller of the Police Department asking the Council
to reserve the Council Chambers every Wednesday night from 6:00 P.M. to 10 :00 for the Driver Improvement School.
/s/ Sgt. Robert W. Miller SBPD
Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Wise
seconded the motion. Motion carried.
PETITION
Petition of Gaylene A. Coussens and Frank J. Coussens, et al, to rezone vacant tract North of Corby Blvd.
and East of Ironwood Drive.
Councilman Glass made a motion that the petition be referred to the City Plan Commission. Councilman Muszynski
seconded the motion. Motion carried.
PETITION
Petition of Robert C. Hamilton and Elsie M. Hamilton to rezone land South of Lathrop St., West of Johnson St.,
and East of Huey St.)
Councilman Geib made a motion that the petition be referred to the City Plan Commission. Councilman Palmer
seconded the motion. Motion Carried.
PETITION
Petition of Belleville Investment Company, Inc., to rezone portion of real estate on the So. side of
Washington St. opposite Washington High School.)
Councilman Smith made a motion that the petition be referred to the City Plan Commission. Councilman
Szymkowiak seconded the motion. Motion carried.
PETITION
(Petition of ikelleville Investment Co., Inc. to rezone frontage on the North side of Western Ave. from
Mayflower Road to Lombardy Drive.)
Councilman Glass made a motion that the petition be referred to the City Plan Commission. Councilman Wise
seconded the motion. Motion carried.
PETITION
(Petition of Belleville Investment Co., Inc. to rezone Tract of land at Mayflower Road and Linden Avenue)
Councilman Allen made a motion that the petition be referred to the City Plan Commission. Councilman Szymkowiak
seconded the motion. Motion carried.
PETITION
The Honorable Common Council, City of South Bend, Ind.
January 10, 1964
Gentlemen: The undersigned hereby petitions your honorable body to rezone from "B" Residential Use and "A" Height
and area District to "A" Residential Use and "A" Height and Area District the following described
property:
Lots 1 -8 inclusive of Feldman's Sub., Lots 294 -321 inclusive of 3rd Plat
of Park Place and Coquillard Farm Plat Proposed of Lot 327, being more
generally described as being bounded on the east by Jacob St., on the west by the
west property line of Lot 8,of Feldman "s Sub., on -the north by Corby Blvd.,
and on the south by the east- west alley north,of,Campeau Street.
Robert L. Huff, Director
City Planning Commission
Councilman Geib made a motion that the report be accepted and placed on file.. Councilman Szymkowiak
seconded the motion. Motion carried.
PETITION
The Honorable Common Council
City of South Bend
South Bend, Ind.
Gentlemen:
January 10, 1964
The undersigned hereby petitions your honorable body to rezone from "B " Residential Use and "A"" Height and Area
District to "A" Residential Use and "A" height and Area District the following described property:
Lots 1 -35 inclusive of Stull's 5th Addition,
Lots 10 -26 inclusive, Lots 31 -48 inclusive,
Lots 53 -61 inclusive, Lots 64 -76 inclusive,
Lots 81 -93 inclusive and Lots 98 -110 inclusive
of South Bend and Gary Land Co. "s Addition,
being more generally described as being bounded
on the east by the first north -south alley
west of Franklin Street, on the west by the
first north -south alley east of Chapin Street,
on the north by the first east -west alley
south 4f Indiana Avenue, and on the south by
the first east -west alley north of Calvert Street.
/s/ Robert L. Huff, Secretary
City Planning Commission
Councilman Geib made a motion that the report be accepted and placed on file. Councilman Smith seconded the
motion. Motion carried.
PETITION
The Honorable Common Council
City of South Bend
South Bend, Indiana
Gentlemen:
The undersigned hereby petitions your"A honorable body to rezone from "B " Residential Use and "A" Height and Area
District the following described property:
Lots 1 -41 inclusive of ist Plat of Park Place, Lots 1 -8 inclusive, Lots 13 -19 inclusive and
Lots 21 -40 inclusive of Sommers Addition, and Lots 4, 5, 6 of Happ and Taggart Sub. of Lots
in Sommer "s addition, being more generally described as being bounded on the east by Arthur
Street, on the west by Eddy Street, on the north by Sorin Street, and on the south by
McKinley Avenue.
/s/ Robert L. Huff, Director
City Planning Commisdion
Councilman Smith made a motion that the petition be accepted and placed on file. Councilman Palmer seconded
the motion. Motion carried.
PETITION
The Honorable Common Council
City of South Bend
South Bend, indiana
Gentlemen:
January 10, 1964
The undersigned hereby petitions your honorable body to rezone from "B" Residential Use and "A" Height and Area
District to "A"" Residential Use and "A"" Height and Area District the following described property:
Lots 82 -87 inclusive of Part of Sunnyside Manor, Lots 54, 55, 56 of E. L. Kuhn's Sub., Lots A,
1 -12 inclusive od E. L. Kuhn "s 1st Sunnyside Sub., Lots 20 -27 inclusive of C. Harry Swanson "s
Sunnyside Heightsi.Lots 1 -11 inclusive of Bullard'slst addition, including a 50 foot by 120 foot
lot on the northeast corner of Fish Tract being the southeast corner of McKinley Avenue and
Eddy Street, also including a 50 foot by 120 3/8 foot lot northeast of the northwest one quarter
of Fisher's Tract, and including a tract 418 feet extended south on Eddy Street by 358.5 feet
extended east on LaSalle Avenue, and a 50 foot tract extended west on the north side of Colfax Ave.,
288.5 feet, more or less, east of the east right -of -way line of Eddy Street, being more generally
described as being bounded on the east by Jacob Street, on the west by Eddy Street, on the north
by McKinley Avenue, and on the south by Colfax Avenue, LaSalle Avenue and the first east -west
alley north of LaSalle Avenue.
/s/ Robert L. Huff, Director
City Planning Commission
Councilman Geib made a motion that the petition be accepted and placed on file. Councilman Muszynski seconded
the motion. Motion carried.
REPORT OF CITY CONTROLLER OF THE CITY OF SOUTH BEND FOR THE MONTH OF NOVEMBER, 1963.
Balance on hand first of month ........... ............................... .................$3,055,183.72
Receipts during month ..................................... ............................... 2,731,268.34
Disbursements during month ................................ ............................... 2,057,479.61
Balance on hand November 30, 1943". .«. .................. ..............................$ 3,728,972.45
Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Glass
seconded the motion. Motion carried..
REPORT OF CITY PLANNING COMMISSION
The Honorable Common Council
City of South Bend
South Bend, Indiana
Gentlemen:
December 11, 1963
The attached petition of Elizabeth Greer to rezone from "A"" Residential Use and "A" Height and Area District to
"B " Residential Use and "A" Height and Area District Lot 331 of Coquillard Farm Plat, also known as Lots 1 -8
of Greer's Sub., (Unrecorded), being more generally described as being bounded on the North by Howa£d Street,
on the west by Jacob Street, on the south by Corby Street, and on the east by the west property lines of
Lots 1 & 18 of Pt. of Hartman's Twyckenham Plat was legally advertised under date of November 30, 1963 and
given public hearing on December 10, 1963.
Upon conclusion of the public hearing William Morris the petitioners representive withdrew the petition.
Very truly yours,
/s/ Robert L. Huff, Director
City Planning Commission
Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Szymkowiak
seconded the motion. Motion carried.
REPORT OF CITY PLANNING COMMISSION
The Honorable Common Council
City of South Bend
South Bend, Indiana
Gentlemen:
January 10, 1964
The attached petition of Hoffman Brothers Auto Electric Inc. to rezone from "A" Residential Use and "A'" Height
and Area District to "B "Residential Use and "A" Height and Area District the property generally described as being
a tract of land having 132 feet frontage on Edison Road, extending north 620 feet and lying 726 feet, more
or less east of the centerline of Ironwood Road was legally advertised under date of December 30, 1963 and
given Public hearing on January 9, 1864. The following action was taken:
After due consideration the Commission found that the requested zoning was in the best interest
of the subject area; that it would help to create a buffer zone between the commercial property
to the eaxt and the single family residential to the west. It was therefore duly moved, seconded,
and unanimously carried that the petition be recommended favorably to the Council.
Very truly yours,
/s/ Robert L. Huff, Director
City Planning Commission
MuszJnski
Councilman Smith made a motion that the report be accepted and placed on file. Councilman /seconded the
motion. Motion carried.
REPORT OF CITY PLANNING COMMISSION
The Honorable Common Council
City of South Bend
South Bend, Indian a
Gentlemen:
January 10, 1964
The undersigned hereby petitions your honorable body to rezone from "B" Residential Use and "A" Height and Area
District to "A" Residential Use and "A'" Height and Area District the following described property:
Lots 1 -8 inclusive of Feldman's Sub., Lots 294 -321 inclusive of 3rd Plat of Park Place and Coquillard Farm Plat
Proposed of Lot 327, being more generally described as being bounded on the east by Jacob Street, on the west
by the west property line of Lot 8 of Feldman's Sub., on the north by Corby Blvd., and on the south by the
east -west alley north of Campeau Street.
/s/ Robert L. Huff, Director
City Planning Commission
Councilman Geib made a motion that the report be accepted and placed on file. Councilman Wise seconded
the motion. Motion carried.
REPORT OF CITY PLANNING COMMISSION
The Honorable Common Council
City of South Bend
South Bend, Indiana
Gentlemen:
January 10, 1964
The undersigned hereby petitions your honorable body to rezone from "B" Residential Use and "All Height and Area
District to "A" Residential Use and "A" Height and Area District the following described property:
Lots 1 -35 inclusive of Stull's 5th Addition, Lots 10 -26 inclusive, Lots 31 -48 inclusive, Lots 53 -61 inclusive,
Lots 64 -76 inclusive, Lots 81 -93 inclusive and Lots 98 -110 inclusive of South Bend and Gary Land Co., Addition,
being more generally described as being bounded on the east by the first north -south alley west of
Franklin Street, on the west by the first north -south alley east of Chapin Street, on the north by the first
east -west alley south of Indiana Avenue, and on the south by the first east -west alley north of Calvert St.
/s/ Robert L. Huff, Secretaty
City Planning Commission
Councilman Smith made a motion that the report be accepted and placed on file. Councilman Muszynski seconded
the motion. Motion carried.
REPORT OF CITY PLANNING COMMISSION
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
District the property generally described as being bounded on the east by Arthur Street, on the west,by Eddy Street,
on the North by Sorin Street, and on the south by McKinley Avenue was legally advertised under date of
December 30, 1963 and given public hearing on January 9, 1964. The following action was taken: ,
After due consideration the Commission found that the predominant use in the subject area is single - family
residential. It was therefore duly moved, seconded, and unanimously carried that the petition be recommended
favorably to the Council with the further recommendation that the petition be amended from the Council floor
to exclude Lots 4, 5, 6 of Happ and Taggart Sub. of Lots in Sommer's Addition and Lot 19 of Sommer's Addition.
Very truly yours,
Is/ Robert L. Huff, Director
City Planning Commission
Councilman Palmer made a motion that the report be accepted and placed on file. Councilman Muszynski seconded
the motion. Motion Carried.
REPORT OF CITY PLANNING COMMISSION
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
District to "A"" Residential Use and "A" Height and Area District the property generally described as being
bounded on the east by Jacob Street, on the west by Eddy Street, on the north by McKinley Avenue, and on the south
by Colfax Avenue, LaSalle Avenue and the first east -west alley north of LaSalle Avenue was legally advertised
under date of December 30, 1963 and given public hearing on January 9, 1964. The following action was taken;
After due consideration the Commission found that the predominant use in the subject area is single family
residential. It was therefore duly moved, seconded and unanimously carried that the petition be recommended
favorably to the Council with the further recommendation that the petition be amended from the Council floor
to exclude Lots 1 -11 of Bullard's 1st Addition, a 50 foot by 120 foot lot on the northeast corner of Fish
Tract, being the southeast corner of McKinley Avenue and Eddy Street and also a 50 foot by 120 3/8 foot lot
northeast of the northwest one quarter of Fisher's Tract.
Very truly yours,
Is/ Robert L. Huff, Director
City Planning Commission
Councilman Geib made a motion that the report be accepted and placed on file. Councilman Szymkowiak seconded the
motion. Motion carried.
REPORT OF CITY PLANNING COMMISSION
The Honorable Common Council
City of South Bend
South Bend, Indiana
Gentlemen:
January 9, 1964
The attached petition of Annette and Eugene White, et al, to rezone from " "B "" Ree idential Use and "Ai' Height and
Area District to "C "Commercial Use and " "E"" Height and Area District Lots 94, 95 and 96 of Plat of Fordham, being
more generally described as being bounded on the north by Mishawaka Avenue, on the east by 33rd Street, on the south
by the first east -west alley south of Mishawaka Avenue and on the west by the first north -south alley west of 33rd
street was legally advertised under date of November 30, 1963 and given public hearing on December 10, 1963. The
following action was taken:
After due consideration the Commission found that the proposed zoning is a logical extension
of existing commercial zoning and would be in keeping with the spirit and intent of the Zoning
Ordinance and Future Land Use Plan. It was therefore duly moved, seconded, and unanimously
carried that the petition be recommended favorably to the council.
Very truly yours,
s /Robert L. Huff,
Director of Planning
Councilman Glass made a motion that the report be accepted and placed on file. Councilman Muszynski seconded
the motion. Motion carried.
ORDINANCE - FIRST AND SECOND HEARING
AN ORDINANCE REPEALING AN ORDINANCE PROVIDING AN ORDERLY PROCEDURE BY WHICH
EMPLOYEES MAY HEARD CONCERNING BUDGET ITEMS WHICH AFFECT THEIR SALARIES
AND WAGES AND BY WHICH EMPLOYEES MAY PRESENT GRIEVANCES WHICH RESULT FROM
DIFFERENCES OF OPINION BETWEEN SUPERVISORS AND EMPLOYEES UPON WORKING
CONDITIONS, INCLUDING ARBITRATION PROCEDURES AND PROVISIONS FOR DEDUCTING
FROM EMPLOYEES' WAGES FUNDS TO PAY ORGANIZATIONS OF EMPLOYEES, AS AMENDED,
KNOWN AS ORDINANCE.4612 -63 ENACTED, ON THE 13th DAY OF NOVEMBER, 1963.
The ordinance was given first reading by title and second reading in full. Councilman Geib made a motion for
suspension of rules. Councilman Palmer seconded the motion. Motion lost by a roll call vote of 8 ayes - 1 nay
(Muszynski). The ordinance was then set for public hearing on January 27th, 1964.
ORDINANCE - FIRST AND SECOND READING
AN ORDINANCE AMENDING AND SUPPLEMENTING
ZONING ORDINANCE NQ. 3702.
(On the east by Jacob Street, on the west
by the west property line,of Lot 8 of Feldman's
Sub., on the north by Corby Blvd., and on the
south by the east -west alley north of Campeau Street.)
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 January 27th, 1964. Councilman Muszynski seconded the motion. Motion Carried
ORDINANCE - FIRST AND SECOND READING
AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING
ZONING ORDINANCE NO. 3702
(On the east-by the first north -south alley
west of Franklin Street, on the west by the
first north -south alley east of Chapin Street,
on the north by the first east -west alley south
of Indiana Avenue, and on the south by the first
east -west alley north of Calvert 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 January 27th, 1964. Councilman Wise seconded the motion. Motion carried.
ORDINANCE - FIRST AND SECOND READING
AN ORDINANCE AMENDING AND SUPPLEMENTING
ZONING ORDINANCE NO. 3702
(On the east by Arthur Street, on the west
by Eddy Street, on the north by Sorin Street,
and on the south by McKinley Avenue.)
The ordinance was given first reading by ;itle and second reading in full. Councilman Gelb made a motion to exclude
Lots 4, 5, 6 of Happ and Taggart Subdivision of Lots in Sommer's Addition and Lot 19 of Sommer's Addition. Council-
man Muszynski seconded the motion. Councilman Glass made a motion that the ordinance, as amended, be set for public
hearing on January 27th, 1964. Councilman Muszynski seconded the motion. Motion carried by a roll call vote
of 9 ayes - 0 nays.
ORDINANCE - FIRST AND SECOND READING
AN ORDINANCE AMENDING AND SUPPLEMENTING
ZONING ORDINANCE NO. 3702
(On the east by Jacob Street, on the west
by Eddy Street, on the north by McKinley
Avenue, and on the south by Colfax Avenue,
LaSalle Avenue and the first east -west alley north of
LaSalle Avenue.)
The ordinance was given f irst reading by title and second reading in full. Councilman Glass made a motion that the
ordinance be amended as suggested by the City Plan Commission. Councilman Gelb seconded the motion. Motion carried,
as amended. Councilman Glass made a motion that the ordinance as amended be set for public hearing on January 27th,
1964. Councilman Muszynski seconded the motion. Motion carried by a roll call vote of 9 ayes - 0 nays.
ORDINANCE - FIRST AND SECOND READING
AN ORDINANCE AMENDING AND SUPPLEMENTING
ZONING ORDINANCE NO. 3702
(On the North by Mishawaka Avenue, on the
east by 33rd Street, on the south by the
first east -west alley south of Mishawaka
Avenue and on the west by the first north-
south alley west of 33rd Street.)
The ordinance was given first reading by title and second reading in full. Councilman Smith made a motion that the
ordinance be set for public hearing on January 27th, 1964. Councilman Glass seconded the motion. Motion carried.
ORDINANCE - EIRST AND SECOND READING
AN ORDINANCE AMENDING AND SUPPLEMENTING
ZONING ORDINANCE NO. 3702, AS HERETOFORE
AMENDED AND SUPPLEMENTED.
(Location 17869 Edison Road)
The ordinance was given first reading by title and second reading in full. Councilman Gelb made a motion that the
ordinance be set for public hearing on January 27th, 1964. Councilman Szymkowiak seconded the motion. Motion carr
ORDINANCE NO. 4618 - 64
AN ORDINANCE APPROPRIATING ALL PARKING METER
FEES AND FUNDS TO THE BOARD OF PUBLIC WORKS
AND SAFETY OF THE CIVIL CITY OF SOUTHBEND,
INDIANA. FOR THE USES AND PURPOSES SETFORTH
THEREIN, IN ACCORDANCE WITH CHAPTER236 of the
ACTS OF THE GENERAL ASSEMBLY OFTHE STATE OF
INDIANA OF 1945, AS AMENDED BY CHAPTER 303
OF THE ACTS OF THE GENERAL ASSEMBLY OF 1951.
The -ordinance was-given'first reading ;by-title and second reading, in full ,Councilman Glass -made a motion that,the
ordinance. be for .public hearing on January 27th, 1964. Councilman Gelb seconded the motion. After some discussi
Councilman Glass withdrew his motion and Councilman Gelb withdrew his second to the motion. Councilman Smith made a
motion for suspension of rules. Councilman Wise seconded the motion. Motion carried by a roll call vote 9 ayes- 0
The ordinance was then given third reading and Passed by a roll call vote of 9 ayes - 0 nays.
RESOLUTION NO. 62 -- 64
Resolution relative to the death of Edward Zepka.
Councilman Muszynski made a motion for adoption of the Resolution. Councilman Geib seconded the motion.
Motion unanimously carried. Resolution adopted.
(Bee next page),
RESOLUTION
NO. 62 - -- 64
WHEREAS, God, in His Infinite Wisdom, has called from this life,
EDWARD ZEPKA, duly elected Councilman from the 6th district,
Husband of Lucille Zepka and father of Stephen Zepka,
WHEREAS, His untimely death has brought such grief and sorrow to
his wife, Lucille Zepka and to his son, Stephen Zepka,
NOW, THEREFORE, BE IT RESOLVED: That we, the COMMON COUNCIL OF
the City of South Bend, do hereby extend to Mrs. Lucille Zepka,
and the entire family of Edward Zepka, our sincere sympathy in this,
their deepest hour of sorrow, and,
BE IT FURTHER RESOLVED that a page be set aside in the COUNCIL
records of the City of South Bend and this Resolution be copied
therein and a copy duly certified by the Clerk be sent to his
family.
Janet S. Allen John L. Hunter, Jr.
Richard G. Geib Edwin Thomas Smith
John V. Wise Walter M. Szymkowiak
Walter G. Glass Chester Muszynski
Albert E. Palmer
ADOPTED by the COMMON COUNCIL of the City of South Bend, Indiana this
13th day of January, 1964.
Kathryn L. Blough, City Clerk
APPROVED: John L. Hunter, Jr.
President of the COMMON COUNCIL
Kr4UULAML% iRGL11l�V
NEW BUSINESS
AN ORDINANCE TO AMEND SECTION 17 -A OF ZONING ORDINANCE .
NO. 3702 OF THE CITY OF SOUTH BEND, INDIANA.
Councilman Glass made a motion that the ordinance be referred to the City Plan Commission for further study.
Councilman Wise seconded the motion. Motion carried.
Councilman Wise made a motion to nominate Councilman Glass to the City Plan Commission. Councilman Szymkowiak
seconded the motion. Councilman Smith moved that the nominations be closed. Councilman Allen seconded the
motion. Motion uanimously carried that Councilman Glass be the Council's representative on the Planning
Commission.
Members of the Council praised Councilman Allen for her untiring effort for the cleaniness of the Council
Chambers and also Mr. Richard Duck, Clerk of the Board of Public Works and Safety, for the repair of seats in .
the balcony.
OLD BUSINESS
Councilman Muszynski brought up three matters before the Council. 1. That something be done in his district
about the repair of railroad crossings. 2. About a pack of roaming dogs in the vicinity of Chicago, Sheridan
and Edison Streets; and 3, the nuisance of a coal yard operation that creates dust in the 400 and 500 block of
Harris St, President Hunter directed City Clerk Kathryn L. Blough to notify the proper departments.
There being no further business before theCouncil, Councilman Szymkowiak made a motion to adjourn, which motion
was seconded by Councilman Palmer. Motion carried and Council adjourned at 9:05 P.M. 48
ATTEST:
APPROVED:
PRES