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HomeMy WebLinkAbout04-13-64 Council Meeting MinutesREGULAR MEETING APRIL 13, 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, April 13, 1964, at 8 :18 P.M., with all members present except Councilman Wise. The meeting was called to order by President John L. Hunter Jr., who presided. ROLL L CALL PRESENT: ABSENT: REPORT OF COMMITTEE ON MINUTES Councilman Hunter, Allen, Palmer, Geib, Szymkowiak, Glass, Smith and Ruszynski. Councilman Wise. 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. Minutes of March 23, 1964. /s/ John L. Hunter Jr. ) /s/ Walter G. Glass } Committee /s/ Chester Muszynski ) Councilman Muszynski made a motion that the report.be accepted and placed on file. Councilman Geib seconded the motion. Motion carried. AM RED i :;METING APRIL 13. 1964 COMMUNICATIONS Communication was received from Mr, William R. Morris in support of the proposed Ordinance to establish a South Bend Historical Commission. Councilman Smith made a motion that the communication be accepted and placed on file. Councilman Geib seconded the motion. Motion carried. Communication was received from Northwest Civic Association regarding Public Housing. Councilman Glass made a motion that the communication be accepted and placed on file. Councilman Geib seconded the motion. Motion carried. Annual:'.Repdrt from the South Bend Humane Society was read. Councilman Glass made a motion that the report be accepted and placed on file, Councilman Muszynski seconded the motion. Motion carried. PETITION Petition of Arthur B. Demby and Annette F. Demby to rezone property situated on the West side of Phillipa St., in the 1600 block, between West Indiana and Dubail Avenues. Councilman Glass made a motion that the petition be referred to the City Planning Commission. Councilman Szymkowiak seconded the motion. Motion carried. PETITION Petition of Martha Wappenstein, Administratrix of the Estate of Victoria Wilson, Deceased, to rezone property at 913 Ironwood Drive. Councilman Smith made a motion that the petition be referred to the City Planning Commission. Councilman Palmer seconded the motion. Motion carried. PETITION Petition to rezone Gertrude, Carlisle and Ewing; Swygart, Gertrude, Calvert and Ewing; Eddy, St. Louis, Napoleon and St. Vincent; and to annex Miami Road and Ireland Road. Councilman Smith made a motion to omit reading petitions on the above from.,#10 through #13 on the agenda. Councilman Geib seconded the motion. After some discussion, Councilman Smith withdrew his motion and Councilman Geib withdrew his second to the motion. Councilman Muszynski made a motion for suspension of rules. Councilman Palmer seconded the motion. Motion carried by a roll call vote of 8 ayes - 1 absent (Councilman Wise). REPORT OF CITY CONTROLLER OF THE CITY OF SOUTH BEND, INDIANA, FOR THE MONTH OF MARCH, 1964. Balance on Hand . . . 0 3$102,714.81 Receipts during Month . 2,450,787.21 Disbursements during Month . . . . . . . . . . . 2,138,508.25 Balance 3 -31 -64 . . . . . . . . . o o . . . . . . . . . . $ 3,414,993.77 Councilman Geib made a motion that the Controller's Report for March be held over for further study until next meeting on April 27th. Councilman Szymkowiak seconded the motion. Motion carried. REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: April 13, 1964 Your Committee of the Whole to whom was referred "AN ORDINANCE FOR ADDITIONAL APPROPRIATION IN THE PARK DEPART- MENT-- $375.00. Respectfully report that they have examined the matter and that in their opinion this ordinance be held over until April 27th and Mr. Boehm be notified to attend meeting. /s/ Edwin Thomas Smith, Chairman Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Hunter seconded the motion. Motion carried. REPORT OF EDMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: April 13, 1964 Your Committee of the Whole to whom was referred "AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 ". (142 So. Meade St.). Respedtfully 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 Muszynski seconded the motion. Motion carried. REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: April 13, 1964 Your Commitee of the Whole to whom was referred "AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702, AS AMENDED ". (Kemble, Webster, Dubail and Bruce .Sts.). 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 Muszynski made a motion that the report be accepted and placed on file. Councilman Glass seconded the motion. Motion carried. REGULAR MEETING APRIL 13, 1964 REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: April 13, 1964 Your Committee of the Whole to whom was referred "AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 ". (Webster, Swygart, Prairie and Donald Sts.) 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 Allen made a motion that the report be accepted and placed on file. Councilman Muszynski seconded the motion. Motion carried. REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: April 13, 1964 Your Committee of the Whole to whom was referred "AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 ". (Notre Dame, Napoleon and 5 Lots West of Lawrence St.). 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 Palmer made a motion that the report be accepted and placed on file. Councilman Geib seconded the motion. Motion carried. REPORT OF CITY PLANNING COMMISSION The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen. April 3, 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 -12 inclusive of Peak's 1st Addition, Lots 1 -21 inclusive of Rum Village Heights Addition and Lots 162 -181 inclusive of Rum Village Heights 2nd addition, being more generally described as bounded on the east by Gertrude Street, on the west by Carlisle Street and the present city limits, on the north by Ewing Avenue-; and on the south by the present city limits. /s/ Robert L. Huff- -cf CITY PLANNING COMMISSION Robert L. Huff, Director Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Glass seconded the motion. Motion carried. (See below for Report of City Planning Commission). REPORT OF CITY PLANNING COMMISSION The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: April 3, 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 Use District the property generally being described as bounded on the east by Gertrude Street, on the west by Carlisle Street and the present city limits, on the north by Ewing Avenue, and on the south by the present city limits was Aegallj-- advertised under date of March 23, 1964 and given public hearing on April 2, 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 RLH /cf attach. M Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Glass seconded the motion. Motion carried. Film REGULAR MEETING APRIL 13 1964 REPORT OF CITY PLANNING COMMISSION The Honorable Common Council City of South Bend April 3, 1964 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 Swygart Avenue, on the west by Gertrude Street,,on the north by Calvert Street, and on the south by Ewing Avenue was legally advertised under date of March 23, 1964 and given public hearing on April 2, 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 attach. Councilman Glass 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 :: April 3, 1964 The attached petition of the City Planning Commission to rezone from "B" Residential Use and "All 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 Eddy Street, on the west by St. Louis Street, on the north by Napoleon Blvd., and on the south by St. 'Vincent Street was legally advertised under date of March 23, 1964 and given public hearing under date of April 2, 1964. The following action was taken: After due consideration the Commission found that the proposed zoning was 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 - -cf /s/ Director of Planning RLH /cf Attach. Councilman Smith 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: April 8, 1964 Under date of April 2, 1964 the attached annexation was given public hearing by the City Planning Commission. On April 7, 1964 the following action was taken: After due consideration the Commission found that the six determinents of annexation apply to the area in issue. It was therefore duly moved, seconded, and unanimously carried that the proposed annexation be recommended favorably to the Council. Very truly yours, CITY PLANNING COMMISSION Robert L. Huff, /s/ Director of Planning RLH /cf attach. Councilman Smith made a motion that the report be accepted and placed on file. Councilman Palmer seconded the motion. Motion carried. REGULAR MEETING APRIL 13, 1964 REPORT OF CITY PLANNING COMMISSION The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: April 3, 1964 The attached ordinance, originated by the Common Council, establishing a South Bend Historical Commission was Idgally advertised under date of March 23, 1964 and given public hearing on April 2, 1964. The following action was taken: After due consideration the Commission found that substantial justice would be done by the formation of a Historical Commission. It was therefore duly moved, seconded, and carried that the ordinance be recommended favorably to the Council with the further recommendation that the ordinance be amended from the Council floor by the addition thereto of the following: 1. The Commission be known as the South Bend Historical Preservation Commission. 2. That the following be added as (D) under Section 1: One Member of the Common Council selected by the Council to serve on the Commission during his term in the Council. Very truly yours, CITY PLANNING COMMISSION Robert L. Huff - -cf /s/ Director of Planning RLH.cf attach. Councilman.Glass made a motion that the report be accepted and placed on file. Councilman Allen seconded the motion. Motion carried. REPORT OF CITY PLANNING COMMISSION The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: April 3, 1964 The attached proposed ordinance originated by the City Planning Commission amending Section 1 of Ordinance No. 3702, the Zoning Ordinance of the City of South Bend, Indiana, was legally advertised under date of March 23, 1964 and given public hearing on April 2, 1964. The following action was taken: After due consideration it was duly moved, seconded, and carried that the proposed amendment be recommended favorably to the Council. Very truly yours, CITY PLANNING COMMISSION Robert L. Huff - -cf /s/ Director of Planning RLH /cf attach. Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Geib seconded the motion. Motion carried. REPORT OF CITY PLANNING COMMISSION The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: April 3, 1964 The attached petition of Place and Company, Inc. to rezone from "B" Residential Use and "A" Height and Area District to "C" Commercial Use and "A" Height and Area District the property generally described as having 286.3 feet frontage on the south right -of -way line of Ireland Road and lying 450 feet, more or less, west of the centerline of Miami Road 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 due to the topography of the land and the adjacent commercially zoned property the requested zoning was in the best interest of the subject area. It was therefore duly moved, seconded, and carried that the petition be recommended favorably to the Council. Very truly yours, CITY PLANNING COMMISSION Robert L. Huff - -cf /s/ Director of Planning RLH /cf attach. Councilman Geib made a motion that the report be accepted and placed on file. Councilman Muszynski seconded the motion. Motion carried. REGULAR MEETING APRIL 13 196 REPORT OF CITY PLANNING COMMISSION The Honorable Common Council City of South Bend South Bend, Indiana 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 fouridsliam that there exists a very ample amount of commerdiAlly 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 us6d 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 & 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 accepted and placad on file. Councilman Szymkowiak seconded the motion. Motion carried. ORDINANCE,NO "'4636 - -64 AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 (142 South Meade Street) 1 nay (Councilman Smith) The ordinance was given third reading and passed by a roll call vote of 7 ayes /- 1 absent (Councilman Wise). ORDINANCE NO., 4637 - -64 AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE N0, 3702, AS AMENDED. (Kemble, Webster, Dubail & Bruce Streets) ordinance was given third reading and passed by a roll call vote of 8 ayes - 1 absent (Councilman Wise). ORDINANCE NO. 4638 - -64 AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. (Webster, Swygart, Prairie & Donald Sts.) ordinance was given third reading and passed by ORDINANCE NO. 4639 - -64 AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. (Notre Dame, Napoleon and 5 Lots West of Lawrence St.) The ordinance was given third reading and passed by a roll call vote of 8;ayes ORDINANCE — FIRST & SECOND READING AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. (Gertrude, Carlisle and Ewing Avenue) (Councilman Wi.se). (Councilman Wise). 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 27, 1964. Councilman Smith seconded the motion. Motion carried. ORDINANCE - FIRST''& SECOND READING AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. ( Swygart, Gertrude, Calvert Sts. and Ewing Ave.) The ordinance was given first reading by title and second reading in full. Councilman Muszynski made that the ordinance be set for public hearing on April 27, 1964. Councilman Geib seconded the motion. ,carried. ORDINANCE - FIRST & SECOND READING AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. . (Eddy, St. Louis, Napoleon and St. Vincent) 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 27, 1964. Councilman Szymkowiak seconded the motion. Motion carried. REGULAR MEETING APRIL 13, 1964 IF- ORDINANCE - FIRST-& SECOND READING AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LANDS (Miami and Ireland Roads) 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 27, 1964. Councilman Palmer seconded the motion. Motion carried. ORDINANCE AN ORDINANCE ESTABLISHING A SOUTH BEND HISTORICAL COMMISSION Councilman Geib made a motion that the ordinance be referred to the Ordinance Committee for study and interested Councilmen recommend their changes on the ordinance. Councilman Szymkowiak 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 (Amending Section 1 of Ordinance No. 3702) Councilman Muszynski made a motion that the ordinance be referred to the Ordinance Committee for further study and recommendation. Councilman Szymkowiak seconded the motion. Motion carried. ORDINANCE.-,FIRST & SECOND READING AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 AS HERETOFORE AMENDED AND SUPPLEMENTED (Mayflower Road and Linden Avenue) Councilman Glass made a motion that the ordinance be changed from "C" Commercial Use to "C -1" Commercial Use. Councilman Palmer seconded the motion. After some discussion, Councilman Glass withdrew his motion and Councilman Palmer withdrew his second to the motion. The ordinance was given first reading by title and second reading in fall. Councilman Geib made a motion for suspension of rules. Councilman Muszynski seconded the motion. Motion lost by a roll call vote of 6 ayes (Councilmen Hunter, Palmer, Geib, Szymkowiak, Glass and Muszynski), 2 nays (Councilmen Allen and Smithl, 1 absent (Councilman Wise). Councilman Szymkowiak made a motion that the ordinance, without amendment, beset for public hearing on April 27, 1964. Councilman Geib seconded the motion. Motion carried. ORDINANCE - FIRST & SECOND READING AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 (West of Miami Road, on the South side of Ireland Road) 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 27, 1964. Councilman Szymkowiak seconded the motion. Motion carried. ORDINANCE.- FIRST & SECOND READING AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS IN MUNICIPAL BONDS OF 1962 - $621,290.37 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 27, 1964. Councilman Glass seconded the motion. Motion carried. ORDINANCE - FIRST & SECOND READING AN ORDINANCE AMENDING CHAPTER 32, SECTION 1 OF ORDINANCE NO. 4608 -63, BEING THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1962, REDEFINING THE TERM "RESTAURANT" 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 27, 1964. Councilman Szymkowiak seconded the motion. Motion carried. ORDINANCE - FIRST & SECOND READING AN ORDINANCE APPROPRIATING $1,500.00 FOR THE USE BY THE BOARD OF PUBLIC WORKS AND SAFETY FOR PROCURING AN ENGINEERING SURVEY OF THE ST. JOSEPH RIVER DAM IN THE CITY OF SOUTH BEND, INDIANA. 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 April 27, 19 64. Councilman Geib seconded the motion. Motion carried. R r- APRIL 13,_1964 ORDINANCE N0, 4640 - -64 AN ORDINANCE REQUIRING DRIVERS OF MOTOR VEHICLES INVOLVED IN CERTAIN CLASSES OF COLLISIONS TO FILE WRITTEN ACCIDENT REPORTS WITH THE SOUTH BEND--''POLICE DEPARTMENT. DEFINING :TERMS, AND CLASSIFYING SUCH REPORTS CONFIDENTIAL IN NATURE. 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 8 ayes - 1 absent (Councilman Wise). The ordinance was given third reading and passed by a roll call vote of 8 ayes - 1 absent (Councilman Wise). UNFINISHED BUSINESS The Council directed the City Attorney to write letters to railroad officials urgdng them to repair crossings at Ford, Arnold, Walnut, Olive and Sample. NEW BUSINESS The Clerk was instructed to notify the City Controller to furnish Controller's Report for the months of December, 1963 and January, 1964. Councilman Muszynski asked the Council to use its influence with the Recreation Department to have basketball backboards installed at Pierre Navarre School playground. There being no further business before the Council, Councilman Glass made a motion to adjourn. Councilman Geib seconded the motion and Council adjourned at 1OY20 P.M. ATTEST; APPROVED: LERK Yl