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HomeMy WebLinkAbout03-23-64 Council Meeting MinutesREGULAR MEETING MARCH 23, 1964 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, March 23rd, 1964, at 8 :32 P.M., with all members present. The meeting was called to order by President John L. Hunter Jr., who presided. ROLL GALL PRESENT: ABSENT: REPORT OF COMMITTEE ON MINUTES Councilmen Hunter, Allen, Palmer, Wise, Geib, Szymkowiak, Glass, Smith and Muszynski. None. To the Common Council of the City of South Bend: Your Committee on the inspection and supervision of the minutes of the previous meeting of the Council be approved. Minutes of March 9, 1964. the minutes, would respectfully report that they have inspecte and found them correct. They therefore recommend that the same John L. Hunter Jr. ) Walter G. Glass ) Committee Chester Muszynski ) Councilman Smith made a motion that the report be accepted and placed on file. Councilman Glass seconded the motion. Motion carried. PETITION Petition of The Housing Authority to rezone 4 acres bounded by Hamilton, Fremont, Meade and Marquette Blvd. Councilman Glass made a motion that the petition be referred to the City Planning Commission. Councilman Palmer seconded the motion. Motion carried. PETITION The Honorable CommonCouncil City of South Bend South Bend, Indiana Gentlemen: March 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 -7 inclusive of Liddlesdale, lots 25, 26, and 30 of Liddlesdale, also Lots 8 -24 inclusive, Lots 31 =48 ihclusive and Lots 53 -61 inclusive of the Replat of Part of Liddlesdale, being more generally described as being bounded on the east by Kemble Avenue, on the wdst by Webster Street, on the north by Dubail Avenue, and on the south by Bruce Street. /s/ Robert L. Huff, Director CITY PLANNING COMMISSION Councilman Muszynski made a motion that the petition be referred to the City Planning Commission. Councilman Szymkowiak seconded the.:motion: Councilman Muszynski withdrew his motion and Councilman Szymkowiak with- drew his second to the motion. Councilman Szymkowiak made a motion that the petition be accepted and placed on REGULAR MEETING MARCH 23, 1964 PETITION The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: March 11, 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 5 -22 inclusive and Lots 53 -72 inclusive of Prairie Avenue Land Co.'s 1st Addition, being more generally described as being bounded on the east by Webster Street, on the west by Swygart Avenue, on the north by the first east -west alley south of Prairie Avenue, and on the south by Donald Street. /s/ Robert L. Huff CITY PLANNING COMMISSION Robert L. Huff, Director Councilman Geib made a motion that the petition 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: March 10, 1964 The undersigned hereby petitions your honorable body to rezone from "B" Residential Use and "A" Height and Area to "A" Residential Use and "A" Height and Area District the following described property: Lots 1 -31 inclusive of University Heights, being more generally described as being bounded on the east by Notre Dame Avenue, on the south by- Napoleon Blvd., on the north by the rear property line, and on the west by the north- south property line of Lot 1. / s/ Robert L. Huff CITY PLANNING COMMISSION Robert L. Huff, Director Councilman Szymkowiak made a motion that the petition be accepted and placed on file. Councilman Geib seconded the motion. Motion carried. REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: March 23, 1964 Your Committee of the Whole to whom was referred "AN ORDINANCE AMENDING ORDINANCE N0, 3702 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA ". (6 Acre triangular tract fronting Riverside Drive). Respectfully report that they have examined the matter and that in their opinion this ordinance go to the Council as favorable. /s/ Edwin Thomas Smith, Chairman Councilman Glass made a motion that the report be accepted and placed on file. Councilman Palmer seconded the motion. Motion carried. REPORT OF CITY PLANNING - :COMMISSION The Honorable Common Council City of South Bend South Ben4 jfidiidna Gentlemen: March 10, 1964 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 Kemble Avenue, on the West by Webster Street, on the north by Dubail Avenue, and on the south by Bruce Street was legally advertised under date of February 24, 1964 and given public hearing on March 5, 1964. The following action was taken: After due consideration the Commission found that the predominant use in the 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 Lot 30 of Liddlesdale. Very truly yours, CITY PLANNING COMMISSION Robert L. Huff, /s/ Director of Planning RLH /cf attach. Councilman Geib made a motion that the report be accepted and placed on file. Councilman Szymkowiak seconded the motion. Motion carried. REGjQ,AB MEETING MARCH 23. 1964 REPORT OF CITY PLANNING COMMISSION The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: March 11, 1964 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 Webster Street, on the west by Swygart Avenue, on the north by the first east -west alley south of Prairie Avenue, and on the south by Donald Street was legally advertised under date of February 24, 1964 and given public hearing on March 5, 1964. The following action was taken: After due consideration the Commission found that the proposed zoning would be in the best interest of the subject area. It was therefore duly moved, seconded, and unanimously-carried that the petition be recommended favorably to the Council. Very truly yours, CITY PLANNING COMMISSION Robert L. Huff, /s/ Director of Planning Councilman Glass made a motion that the report be accepted and placed on file. Councilman Palmer seconded the motion. Motion carried. REPORT OF CITY PLANNING COMMISSION The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: March 10, 1964 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 Notre Dame Avenue, on the south by Napoleon Blvd., on the north by the rear property line, and on the west by the north -south property line of Lot,l of University Heights was legally advertised under date of February 24, 1964,and given public hearing on March 5, 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. Very truly�.yours, CITY PLANNING COMMISSION Robert L. Huff,, /s/ Director of Planning RLH /cf Councilman Smith 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: March 11, 1964 The attached petition of the Belleville Investment Company, Inc. to zone "C" Commercial Use and "E" Height and Area District a tract of land generally situated at the southeast corners of the intersection of Mayflower Road and Linden Avenue was legally advertised under date of January 27, 1964 and given public hearing on February 6, -1964. The following action was taken: After due consideration the Commission found that there exists a very ample amount of commercially zoned land in the general Belleville neighborhood; that both sides of Western Avenue from Sheridan to Mayflower Road are strip zoned commercial; that approximately 1,200 front feet are currently being used for commercial purposes while approximately 10,000 front feet of commercial zoning is vacant; that the existing specific uses in the general area are adequate to the shopping and general consumption needs of the Belleville residents; that there exists at the subject corner (Linden and Mayflower) a "C -1" Commercial district, the exact dimensions of which are questionable. It was therefore duly moved, seconded, and unanimously carried that the petition be recommended favorably to the Council with the further recommendation that said petition be amended from the Council floor to read "C -1" in all sections of the petition and ordinance which now read "C" Commercial Use. Very truly yours, CITY PLANNING COMMISSION Robert L. Huff, /s/ Director of Planning RLH /cf attach. Councilman Muszynski made a motion that the report be held over until April 13th in order for the City Attorney to study the validity of the change made by the City Planning Commission. Councilman Smith seconded the motion. Motion carried. REGUTARMEETINC MARCH 23, 1964 REPORT OF CITY CONTROLLER OF THE CITY OF SOUTH BEND, INDIANA, FOR THE MONTH OF FEBRUARY, 1964 Balance on Hand First of Month . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4$325,975.54 Receipts During Month . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2,0609092.11 Disbursements During Month . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3,238,028.63 Balance on Hand 2/29/.64.. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . .-$ 3,148,039.02 Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Glass seconded the motion. Motion carried. REPORT OF TRAFFIC ENGINEERING DEPARTMENT Councilman Muszynski made a motion that the 1963 Annual Report of Traffic Engineering Department be accepted and placed on file. Councilman Glass seconded the motion. Motion carried. ORDINANCE NO. 4635 - 64 AN ORDINANCE AMENDING ORDINANCE N0, 3702 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA. (6 Acre triangular tract fronting Riverside Drive) The ordinance was given third reading and passed by a roll call vote of 9 ayes - 0 nays. ORDINANCE. FIRST & SECOND READING AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE N0, 37029 AS AMENDED (Kemble, Webster, Dubail and Bruce Sts.) 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 April 13, 1964. Councilman Muszynski seconded the motion.: Motion carried. ORDINANCE. FIRST & SECOND READING AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 (Webster, Swygart, Prairie and Donald Sts.) 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 April 13, 1964. Councilman Szymkowiak seconded the motion. Mot carried. ORDINANCE. FIRST & SECOND READING AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 (Notre Dame Ave., Napoleon Blvd., et al) The ordinance was given first reading by title and second reading in full. Councilman Geib made a motion that the ordinance be set for public hearing on April 13, 1964. Councilman Szymkowiak seconded the motion. Motion carried. ORDINANCE, FIRST & SECOND READING AN ORDINANCE FOR ADDITIONAL APPROPRIATION IN THE PARK DEPARTMENT FUND - - - $375.00 The ordinance was given first reading by title and second reading in full. Councilman Geib made a motion that the ordinance be set for public hearing on April 13, 1964 and that a representative of the Park Department attend the meeting to clarify the request. Councilman Glass seconded the motion. Motion carried. ORDINANCE NO. 4634 - 64 AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAKING OF A TEMPORARY LOAN FOR THE GENERAL FUND AND THE ISSUANCE AND SALE OF WARRANTS OF THE CITY FOR SUCH PURPOSE. The ordinance was given first reading by title and second reading in full. Councilman Geib made a motion for suspension of rules. Councilman Szymkowiak seconded the motion. Motion carried by a roll call vote of 9 ayes - 0 nays. The ordinance was given third reading and passed by a roll call vote of 9 ayes - 0 nays. RESOLUTION NO. 66 - 64 RESOLUTION TO TRANSFER TWO HUNDRED THOUSAND ($200,000.00) DOLLARS FROM THE SOUTH BEND CITY WATER WORKS, A MUNICIPAL UTILITY OF THE CIVIL CITY OF SOUTH BEND, FOR DEPOSIT IN THE GENERAL FUND OF THE CIVIL CITY OF SOUTH BEND. WHEREAS, by authority of Chapter 71 of the Acts of 1961 of the General Assembly of the State of Indiana, also found in Burns Indiana Statutes Annotated Section 61 -1207 and Section 61 -1208, the Common Council of the City of South Bend has the authority to transfer monies from one fund having a sufficient balance to another fund which is depleted; and WHEREAS, the General rm'd;Qf the Civil City of South Bend is depleted; and WHEREAS, monies have not been delivered by the St. Joseph County Treasurer of the St. Joseph County Auditor to the Civil City of South Bend from the 1963 taxes payable in 1964; and WHEREAS, funds are necessary for the City to operate its business, pay its obligations due and owing; and WHEREAS, sufficient monies will be available from the St. Joseph County Treasurer and Auditor to pay to the City, monies due and owing to and by virtue of taxes to be derived from personal and real property; and WHEREAS, said monies are anticipated to be received on or before the 23rd day of June, 1964, (Continued) REGULAR MEETING r9MUft Zs, 104 RESOLUTION NO. 66 - 64 (Continued) NOW THEREFORE,,BE IT,RESOLVED, that the Controller of the City of South Bend, be authorized to transfer the sum of Two hundred thousand ($200,000.00) Dollars out of the South Bend City Water Works Fund and into the General Fund of the Civil City,of South Bend and that said transfer be a temporary transfer and that said repayment from the General Fund to the South Bend City Water Works Fund be effected on or before the 23rd day of June, 1964, and BE IT FURTHER RESOLVED, that the Controller issue a warrant and receipt for the amount of said transfer, and that said warrant shall be endorsed and deposited in the depository account designated for said General Fund, and BE IT FURTHER RESOLVED, that no appropriation shall be required for the said transfer and said repayment, and that no interest shall be charged on said temporary transfer. SOUTH BEND COMMON COUNCIL BY Albert E. Palmer /s/ Member Councilman Geib made a motion for the Adoption of the Resolution. Councilman Szymkowiak seconded the motion. Resolution adopted by•a roll call vote of 9 "ayes - 0 nays. There being no further business before the Council, Councilman Geib made a motion to adjourn. Councilman Muszynski seconded the motion. Motion carried and Council adjourned at 9 :23 P.M. ATTEST: CLERK APPROVED: i PRESIDENT