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HomeMy WebLinkAbout05-11-64 Council Meeting MinutesREGWLAR MEETING MAY 11, 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, May 11, 1964, at 8 :09 P.M., with all members present except Councilman Glass. The meeting was called to order'by President John L. Hunter Jr., who presided. ROLL CALL PRESENT: Councilmen Hunter, Allen, Palmer, Wise, Geib, Szymkowiak, Smith and Muszynski. ABSENT: Councilman Glass. REPORT OF STANDING COMMITTEE To the Common Council of the City of South Bend: Your Committee on Streets, Alleys and Bridges to whom was referred the problem of maintenance of Railroad Crossings within the city of South Bend in view of the Indiana law as found in Burns Annotated Statutes Vol. 10 part 2 Chapter 55 sections 618, 619 and 622. Respectfully report that they have examined the matter and that in their opinion the following Railroads should be notified by the City Attorney of the need for repair with a notation that if repair is not started within 30 days the city shall do same at the respective Railroads expense. The New York Central Railroad crossings: 1. Meade Street - needs patching. 2. Lincolnway West - needs to be replaced. 3. Wilbur Street - needs patching and smoothened into road surface. 4. Vassar Street - needs patching and smoothened into road surface. (Continued) M REGULAR MEETING MAY 11, 1964 The New York Central Railroad crossings: (Continued) 5. Portage Avenue — overpass too high as is roadbed. 6. Riverside Drive - needs patching. 7. LaSalle Street east of river - needs replacement. 8. Florence Street - need new planking. 9. Linden Avenue - need newlanking. 10. Ford Street @ Harris Street - needs patching and smoothening. Chicago, South Shore and South Bend Railroad: 1. The company should maintain the streets over which the tracks are placed for a distance of three feet to either side. This is not being done on the following streets: 1. Orange Street from Meade to College. 2. Colfax from College to LaPorte turnoff. 3. LaSalle Street from LaPorte crossover to South Shore Station. /s/ Richard G. Geib, Chairman May 6, 1964 Councilman Smith made a motion that the report be accepted and placed on file. Councilman Szymkowiak seconded the motion. The Clerk was instructed to notify the City Attorney to contact the railroad companies to make the necessary repairs. REPORT OF ORDINANCE COMMITTEE To the Common Council of the City of South'Bend: Your Committee on Ordinances to whom was referred "AN ORDINANCE AMENDING CHAPTER 23, SECTION I OF ORDINANCE NO. 4608 -63, BEING THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1962, REDEFINING THE TERM "RESTAURANT ". Respectfully report that they have examined the matter and that in their opinion IN CONSIDERATION OF THE FACT THAT THEY HAVE BEEN ASSURED AN ORDINANCE DEFINING AND REGULATING COIN - OPERATED VENDING MACHINES WILL BE PRE- SENTED WITHIN THIRTY (30) DAYS TO THE COUNCIL, THE PROPOSED ORDINANCE RE- DEFINING THE TERM "RESTAURANTS" BE REPORTED TO THE COUNCIL AS FAVORABLE. /s/ Janet S. Allen, Chairman Councilman Geib made a motion that the report be accepted and placed on file. Councilman Palmer seconded the motion. Motion carried. REPORT OF ORDINANCE COMMITTEE To the Common Council of the City of South Bend: Your Committee on Ordinances to whom was referred "AN ORDINANCE AMENDING SECTION I OF ORDINANCE NO. 3702, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, (AS AMENDED) BY REPEALING THE EXISTING DEFINITION OF OCCUPATION, HOME, AND SUBSTITUTING THEREFORE A MORE COMPREHENSIVE DEFINITION OF SAME AND ALSO BY ADDING TO SAID SECTION A DEFINITION OF A PLANNED RESIDENTIAL DEVELOPMENT AND A DEFINITION OF USEABLE OPEN SPACE ". Respectfully report that they have examined the matter and that in their opinion THE PROPOSED ORDINANCE BE REPORTED UNFAVORABLY TO THE COUNCIL. /s/ Janet S. Allen, Chairman Councilman Allen made a motion that the report be referred back to the City Planning Commission for further. study. Councilman Szymkowiak seconded the motion. Motion carried. REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: May 11, 1964 Your Committee-of the Whole to whom was referred "AN ORDINANCE APPROPRIATING ($50,000.00) TO THE STREET DEPARTMENT IN THE PURCHASE OF STREET AND ALLEY MATERIALS; SAID ($50,000.00) TO BE A TRANSFER FROM FUND S -12 INTO FUND S- 421 ". 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 Geib seconded the motion. Motion carried. REPORT OF COFD=EE OF THE WHOLE To the Common Council of the City of South Bend: May 11, 1964 Your Committee of the Whole to whom was referred "AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS IN MUNICIPAL BONDS OF 1961 -- $19,465.28. 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 Szymkowiak seconded the motion. Motion carried. REGULAR MEETING MAY 11, 1964 REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: May 11, 1964 Your Committee of the Whole to whom was referred "AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS IN THE SANITATION FUND -- $11-077.55. 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 Muszynski seconded the motion. Motion carried. REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: May 11, 1964 Your Committee of the Whole to whom was referred "AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS IN THE 1960 GENERAL STREET IMPROVEMENT FUND -- $11523.63 ". 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 Geib made a motion that the report be accepted and placed on file. Councilman Szymkowiak seconded the motion. Motion carried. REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: May 11, 1964 Your Committee of the Whole to whom was referred "AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS IN SEWAGE DISPOSAL FUND -- $583,993.21 ". Respectfully report that they have examined the matter and that in their opinion this ordinance go to the Council as favorable. is/ Edwin Thomas Smith, Chairman 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: May 8, 1964 The attached petition of Al Nall & Associates to annex to the City of South Bend, Indiana the property generally described as a lot or parcel of land located on the east side of Miami Road and the substantial portion thereof being 495 feet south of Jackson Road extended southerly 742.62 feet, moreor less and containing 30 acres, more or less,was legally advertised under date of May 2, 1964 and given public hearing on May 7, 1964. The following action was taken: After due consideration the Commission found that the six determinants of annexation apply to the area in issue. 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 /mvu- attach. Councilman Smith made a motion that the report be accepted and placed on file. Councilman Muszynski seconded the motion. Motion carried. ORDINANCE NO. 4652--64 AN ORDINANCE APPROPRIATING ($50,000.00) TO THE STREET DEPARTMENT IN THE PURCHASE OF STREET AND ALLEY MATERIALS; SAID ($50,000.)) TO BE A TRANSFER FROM S -12 INTO FUND S -421. The ordinance was given third reading and passed by a roll call vote of 8 ayes (Councilmen Hunter, Allen, Palmer, Wise, Geib, Szymkowiak, Smith and Muszynski), 0 nays, 1 absent (Councilman Glass). ORDINANCE N0, 4653 - -64 AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS IN MUNICIPAL BONDS OF 1961 -- $19,465.28 The ordinance was given third reading and passed by a roll call vote of 8 ayes (Councilmen Hunter, Allen, Palmer, Wise, Geib, Szymkowiak, Smith and Muszynski), 0 nays, 1 absent (Councilman Glass). "UVI AM MCiLSIINU rttii is t tyv�t ORDINANCE No, 4654 - -64 AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS IN THE SANITATION FUND -- $131077.55 The ordinance was given third reading hnd passed by a roll call vote of 8 ayes (Councilmen Hunter, Allen, Palmer, Wise, Geib, Szymkowiak, Smith and Muszynski), 0 nays, 1 absent (Councilman Glass). ORDINANCE NO. 4655 - -64 AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS IN THE 1960 GENERAL STREET IMPROVEMENT FUND -- $1,523.63 The ordinance was given third reading and passed by a roll call vote of 8 ayes (Councilmen Hunter, Allen, Palmer, Wise, Geib, Szymkowiak, Smith and Muszynski), 0 nays, 1 absent (Councilman Glass). ORDINANCE NO. 4656 - -64 AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS IN SEWAGE DISPOSAL FUND -- $58,993.21 The ordinance was given third reading and passed by a roll call vote of 8 ayes (Councilmen Hunter, Allen, Palmer, Wise, Geib, Szymkowiak, Smith and Muszynski), 0 nays, 1 absent (Councilman Glass). ORDINANCE N0, 4657 - -64 AN ORDINANCE AMENDING CHAPTER 32, SECTION 1 OF ORDINANCE . NO. 4608 -63, BEING THE MUNICIPAL CODE OF THE CITY OF SOUTH i BEND, INDIANA, 1962, REDEFINING THE TERM "RESTAURANT ". The ordinance was given third reading and passed by a roll call vote of 8 ayes (Councilmen Hunter, Allen, Palmer, Wise, Geib, Szymkowiak, Smith and Muszynski), 0 nays, 1 absent (Councilman Glass). ORDINANCE NO, 4650 - -64 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE SOUTH BEND SEWAGE TREATMENT PLANT AND 0, J. SHOEMAKER, INC. FOR THE FURNISHING OF MATERIALS AND LABOR FOR THE CONSTRUCTION AND ERECTION OF A SCUM BURNER FOR THE SUM OF $9,918.00. . The ordinance was given first reading by title and second reading in full. Councilman Geib made a motion for suspension of rules. Councilman Wise seconded the motion. Motion carried by a roll call vote of 8 ayes (Councilmen. Hunter, Allen, Palmer, Wise, Geib, Szymkowiak, Smith and Muszynskil 0 nays, 1 absent (Councilman Glass). The ordinance was given third reading and passed by a roll call vote of 8 ayes - 1 absent (Councilman Glass). ORDINANCE NO. 4651 - =64 AN ORDINANCE ESTABLISHING A SCHEDULE OF RATES AND CHARGES FOR SERVICES RENDERED BY THE WATER WORKS SYSTEM OF THE CITY OF SOUTH BEND TO AREAS OUTSIDE THE SOUTH BEND CITY LIMITS. The'ordinante was given first reading by title and second reading in full. Councilman Palmer made a motion for suspension of.rules. Councilman Muszynski` seconded the motion. Motion carried by a roll call vote of 8 ayes (Councilmen Hunter, Allen, Palmer, Wise, Geib, Szymkowiak, Smith and Muszynski), 0 nays, 1 absent (Councilman Glass). The ordinance was given third reading and passed by a roll call vote of 8 ayes - 1 absent (Councilman Glass) . ORDINANCE,. FIRST & SECOND READING AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE i CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LANDS (75 Acres East of Miami Road South of Jackson Road) 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 May 25th, 1964. Councilman Muszynski seconded the motion. Motion carried. RESOLUTION RESOLUTION OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA, APPROVING UNDERTAKING OF SURVEYS AND PLANS FOR AN URBAN RENEWAL PROJECT AND FILING OF AN APPLICATION FOR THE INDUSTRIAL EXPANSION PROJECT AREA. WHEREAS, under Title I of the Housing Act of 1949, as amended (herein referred to as "Title I"), the Housing and Home Finance Administrator is authorized to extend financial assistance to local public agencies in the . elimination and prevention of the spread of their slums and urban blight through the planning and undertaking of urban renewal projects; and WHEREAS, it is desirable and in the public interest that the City of South Bend, Department of Redevelopment make surveys and prepare plans, presently estimated to cost approximately .THIRTY -SEVEN THOUSAND, THREE HUNDRED EIGHTY -ONE- - -no /100 dollars ($371381.00), in order to undertake and carry out an urban renewal project of the character contemplated by Section 110 (c) of Title I, in that area proposed as an Urban Renewal Area, situated in the City of South Bend, County of St. Joseph, and State of Indiana, which is described as follows: BEGINNING at the intersection of the North line of Cotter Street and the East line of Kendall Street, thence South along the East line of Kendall Street a distance of approximately Five Hundred and Seventy Feet (570 It) to the North right -of -way of the New Jersey, Indiana . and Illinois Railroad, thence West along the North right -of -way line of the said railroad a distance approximately of Twelve Hundred and Twenty Feet (1220' +) to the West line of Prairie Avenue, thence in a Northeasterly direction along the West line of Prairie Avenue a distance approximately of Six Hundred and Forty Feet (640f ±) to the North line of Cotter Street extended, thence East along the North line of Cotter Street a distance approximately of Nine Hundred and Thirty Feet (930' +) to the intersection of the East line of Kendall Street, this point of intersection being the point of beginning: (Continued) REGULAR MEETING MAY 11, 1964 RESOLUTION (continued) NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL, CITY OF SOUTH BEND, INDIANA AS FOLLOWS: 1. That the proposed Urban Renewal Area described above is appropriate for an urban renewal project and that the undertaking by the City of South Bend, Department of Redevelopment of surveys and plans for an urban renewal project of the character contemplated by Section 110 (c) of Title I in the proposed'Brban Renewal Area is hereby. approved. 2. That the financial assistance available under Title I is needed to enable the City of South Bend, Department of Redevelopment to finance the planning and undertaking of the proposed project. 3. That it is cognizant of the conditions that are imposed in the undertaking and carrying out of urban renewal projects with Federal financial assistance under Title I. including those relating to (a) the relocation of site occupants; (b) the provision of local grants -in -aid; (c) the prohibition of discrimination because of ra ce, color, creed, or national origin with respect to housing, facilities related to residential use„ and all public facilities within a project area; public facilities proposed as noncash local grants -in- aid; and employment; and (d) the requirement that the locality present to the Housing and Home Finance Administrator, as a prew requisite to approval of the application described below, a workable program for community improvement, as set forth in'Section 101 (c) of Title I, for utilizing appropriate public and private resources to eliminate and prevent the development or spread of slums and urban blight. 4. That it is the sense of this body (a) that a feasible method for the relocation of families displaced from the Urban Renewal Area, in conformity with Title I, can be prepared, and (b) that the local grants -in -aid can and will be provided in an amount which will be not less than one -third of the Net Project Cost of the Project and which, together with the Federal capital grant, will be generally equal to the difference between Gross Project Cost and the proceeds or value of Project land sold, leased,,or retained for use in accordance with the urban renewal plan. 5. That the filing of an application by the City of South Bend, Department of Redevelopment for an advance of funds from the United States of America to enable it to defray the cost of the surveys and plans for an urban renewal project in the proposed Urban Renewal Area described above is hereby approved. /s/ Albert E. Palmer Member of the Common Council Opposing the clearance of a 7 block area South of the Studebaker Corporation foundry which was purchased by Cummins Engine Company of Columbus, Indiana, for preliminary survey of the area were the following: Richard Benko, 1410 E. Fox St., who operates a gasoline station in the Cummins area, stated he was concerned with the loss of his business; William Brinley, 2119 Portage Ave., inquired why land must be made available to Cummins at taxpayer's expense, and Francis A. Lies, 175 Concord Drive, stated many small businesses have been put out of business in the Sample renewal area and what it has cost the City in lost taxes. Councilman Muszynski made a motion for the adoption of the Resolution. Councilman Szymkowiak seconded the motion. Motion lost by a roll call vote of 4 ayes (Councilmen Allen, Wise, Szymkowiak and Muszynski), 4 nays (Councilmen Hunter, Palmer, Geib and Smith). 5- MINUTE RECESS - 9:05 P.M. Councilman Geib asked for a 5- minute recess. Councilman Allen made a motion for a 5- minute recess. Councilman Wise seconded the motion. Motion carried and Council recessed at 9:05 P.M. RECONVENED MEETING- 9:30 P.M. Councilman Geib made a motion to reconsider the Resolution at the next meeting on May 25th. Councilman Szymkowiak seconded the motion. Motion carried. NEW BUSINESS Councilman Smith made a motion to postpone the June 8th meeting of the Council to June 15th. Councilman Geib seconded the motion. Motion carried. Mr. Gerald Felty, 104 So. 33rd St.,'and Mrs. Paul Ameling, 2910 E..Jefferson Blvd., complained of sand blowing on their property from a golf course being constructed on the Herman Light property on the north side of. Jefferson Blvd. City Attorney Robert J. DuComb stated that a number of conferences have been held with the developers of the course and that the City does not have power to mandate them to halt the nuisance. City Attorney DuComb stated that he will arrange with the Street Department to install more snowfencing to halt the drifing sand. There being no fuether business before the Council, Councilman Smith made a motion to adjourn. Councilman Geib seconded the motion. Motion carried and Council adjourned at 9:54 P.M. ATTEST: CLERK -7