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HomeMy WebLinkAbout06-15-64 Council Meeting MinutesREGULAR MEETING JUNE 15, 1,964 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, June 15, 1964, at 8:16 P.M., with all members present. The meeting was called to order by President John L. Hunter Jr., who presided. ROLL CALL 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, 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 annroved. Minutes of.May 25, 1964, /s/ John L. Hunter Jr. ) " Walter G. Glass ) Committee " Chester Muszynski ) Councilman Geib made a motion that the report be accepted and placed on file. Councilman Wise seconded the motion. Motion carried.. REGULAR MEETING JUNE113-4 1964 PETITION Petition of City Planning Commission to annex 12.05 acres fronting on South side of Jackson Road, East of Miami Road. 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 James J. and John Gruber, d /b /a Gruber's Super Market, to rezone parcel of land located at 1845 Prairie Avenue from "B" Residence District and "A" Height and Area District to "C1' Commercial District and "B" Height and Area District. Councilman Muszynski made a motion that the petition be referred to the City I Planning Commission. Councilman Szymkowiak seconded the motion. Motion carried. I C' PETITION 'I Petition of Albert E. Nall & Associates, Inc, to rezone 75 acre tract of land at Miami and Jackson Roads. �i Councilman Glass made a motion that the petition be referred to the City Planning Commission. Councilman Wise seconded the motion. Motion carried. PETITION Petition of City Planning Commission to rezone St. Vincent Street on the North, by Eddy Street on the East, by Corby Blvd. on the South, and by St. Louis Street on the West, from "B" Residential Use and "A" and "B" Height and Area Distridt to "A" Residential Use and "A" Height and Area District. Councilman Muszynski made a motion that the petition be accepted and placed on file. Councilman Szymkowiak seconded the motion. Motion carried. REPORT OF CITY CONTROLLER OF THE CITY OF SOUTH BEND, INDIANA, FOR THE MONTH OF MAY, 1964 Balance on Hand First of Month . . . . . . . . $ 3,067,723.03 Receipts During the Month . . . . . . . . . . . 2,363,896.76 Disbur §ements during Month . . . . . . . . . . 0 1, 541, 528.71 Balance May 31, 1964 . . . . . . . . . . . . . . . $ 3,890,091.08 Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Smith seconded the motion. Motion carried. REPORT OF ORDINANCE COMMITTEE To the Common Council of the. City of South Bend: June 15, 1964. Your Committee on ORDINANCES to whom was referred "AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO.. 3702 BY THE ADDITION THERETO OF ADDITIONAL DEFINITIONS ". Respectfully report that they have examined the matter and that in their opinion THE ORDINANCE SHOULD BE RECOMMENDED FAVORABLY. /s/ Janet S. Allen, Chairman Councilman Glass made a motion that the report be accepted and placed on file. Councilman Geib seconded the motion. Motion carried. REPORT OF ORDINANCE COMMITTEE To the Common Council of the City of South Bend: June 15, 1964 Your Committee on ORDINANCES to whom was referred "AN ORDINANCE CREATING AN "A -2" PLANNED RESIDENTIAL DEVELOPMENT DISTRICT ". Respectfully report that they have examined the matter and that in their opinion THE ORDINANCE SHOULD BE RECOMMENDED FAVORABLY AND THE ATTACHED AMENDMENTS MADE. /s/ Janet S. Allen, Chairman Councilman Geib made a motion that the report be accepted and placed on file. Councilman Smith seconded the motion. Motion carried. REPORT OF ORDINANCE COMMITTEE To the Common Council of the City of South Bend: June 15, 1964 Your,Committee on ORDINANCES to whom was referred "AN ORDINANCE AMENDING SECTION 18, SUB - SECTION a OF ORDINANCE N0. 3702 BY THE ADDITION OF REQUIREMENTS FOR AN "A -2" RESIDENTIAL DISTRICT BY THE ALLOWANCE OF A PLANNED RESIDENTIAL DEVELOPMENT ". Respectfully report that they have examined the matter and that in their opinion THE ORDINANCE SHOULD BE RECOMMENDED FAVORABLY AND THAT THE ATTACHED AMENDMENTS SHOULD BE MADE. /s/ Janet S. Allen, Chairman Councilman Palmer made a motion that the report be accepted and placed on file. Councilman Wise seconded the motion. Motion carried. REPORT OF ORDINANCE COMMITTEE To the Common Council of the City of South Bend: June 15, 1964 Your Committee on ORDINANCES to whom was referred "AN ORDINANCE WHICH WOULD ESTABLISH A SOUTH BEND HISTORICAL PRESERVATION-COMMISSION". Respectfully report that they have examined the matter and that in their opinion THE PROPOSED ORDINANCE.BE REPORTEDI FAVORABLY TO THE COUNCIL. /s/ Janet S. Allen, Chairman Councilman Glass made a motion that the report be accepted and placed on file. Councilman Szymkowiak seconded the motion. Motion carried. REGULAR MEETING JUNE 15, 1964 REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: June 15, 1964 Your Committee of the Whole to whom was referred "AN ORDINANCE AMENDING ORDINANCE NO. 3702 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED ". (Section 6 of Ordinance No. 3702). Respectfully report that they have examined the matter and that in their opinion this ordinance go to the Council as favorable. /6/ Edwin Thomas Smith 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: June 15, 1964 Your Committee of the Whole to whom was referred "AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 ". (Location: Prairie Ave., Morris St. and Ewing Ave.); 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 Councilman Muszynski 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: June 15, 1964 Your Committee of the Whole to whom was referred "AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702, AS HERETOFORE AMENDED AND SUPPLEMENTED ". (Location: Ironwood Drive between Mishawaka Avenue & dine 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 Councilman Glass made a motion that the rdpart be accepted and placed on file. Councilman Muszynski seconded the motion. Motion carried. REPORT OF COMMITTEE AF THE WHOLE To the Common Council of the City of South Bend: June 15, 1964 Your Committee of the Whole to whom was referred "AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS IN STREET AND TRAFFIC) FUND IN THE AMOUNT OF $15,000.00." 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 Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Szymkowiak seconded f the motion. Motion carried. j REPORT OF CITY PLANNING COMMISSION The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: June 8, 1964 It has come to my attention that there is an error in the legal description of Ordinance No. 458163 passed by the Common Council on May 27, 1963. Attached is an ordinance correcting this error. Very truly yours, CITY PLANNING COMMISSION Robert L. Huff, Director of Planning RLH /cf attach. Councilman Glass made a motion that the report he 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: June 8, 1964 The attached petition of the City Planning Commission to rezone from "B" Residential Use and "A" and "B" Height and Area District to "A" Residential Use and "A" Height and Area District the property generally bounded on the North by St. Vincent Street, on the East by Eddy Street, on the South by Corby Blvd., and on the West by St. Louis Street was legally advertised under date of May 25,1964 and given public hearing on June 4, 1964. The following action was taken: (Continued) REGULAR MEETING JUNE 15 1964 REPORT OF CITY PLANNING COMMISSION (Continued) After due consideration it was duly moved, seconded, and unanimously carried that the petition be recommended favorably to the Council, as being in the best interest of the affected area, Very truly yours, CITY PLANNING COMMISSION Robert L. Huff, /s/ Director of Planning RLH/cf Councilman Szymkowiak 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: June 10, 1964 The attached petition of Sylvia Pence, et al, to rezone from "B':' Residential Use and "A" Height and Area District to "C" Commercial Use and "B" Height and Area District the property generally located on the southwest corner of Lincolnway East and Twyckenham Drive was legally advertised under date of May 25, 1964 and given public hearing on June 4, 1964. The following action was taken: After due consideration the Commission found that: 1. On June 27, 1963 a petition for commercial zoning of the four land parcels fronting on L. W. E. between Twyckenham and Hilde Court was recommended unfavorably and subsequently denied by the City Council; 2. That the present petition is similar in fact to the 63 petition, differing only in that it is more inclusive, encompassing all the property within the subject block, i.e. 12 platted parcels; 3. That no meaningful change in the land use characteristics of the general area has taken place since the previous denial by the Council; 4. The Commission further found that 92% of the land uses between Twyckenham and Miami are residential; that there exists on both sides of L. W. E. between Twyckenham and Ironwood, a distance of slightly more than one mile in front footage, commercial or light industrial zoning; that within said one mile there exists 30 commercially zoned properties that are not used for commercial. purposes, from which arises the fundamental quewtion of the need for additional commercial zoning; 5. That retail outlets existing in the general area are sufficient to serve the needs of the said area; 6. That there is no private loss involved, in as much as the petition area is now used for residential purposes and there is no decernable reason that such use cannot economically continue. 7. That the subject area and the adjoining area (exclusive of the area immediately to the east of subject area) consists of older homes. However, the said older character of the homes does not deprive them of the protection of zoning. 8. That in the Future Land Use Plan of the City this area is designated as residential. It was therefore duly moved, seconded and unanimously carried that the petition be recommended unfavorably 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 Geib seconded the motion. Motion carried. ORDINANCE N0, 4660 - -64 AN ORDINANCE AMENDING ORDINANCE NO. 33702 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED. (Section 6 of Ordinance No. 3702 (as Amended) The ordinance was given third reading and passed by a roll call vote of 9 ayes - 0. -nays. ORDINANCE NO. 4661 - -64 AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 (Prairie Ave., Morris St. and Ewing Ave.) The ordinance was given third reading and passed by a roll call vote of 9 ayes - 0 nays. ORDINANCE NO, 4662 - -64 AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702, AS HERETOFORE AMENDED AND SUPPLEMENTED. (Ironwood Drive between Mishawaka Avenue & Vine Street) The ordinance was given third reading and passed by a roll call vote of 9 ayes - 0 nays. ORDINANCE N0. "4663 - -64 AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS IN STREET AND TRAFFIC FUND IN THE AMOUNT OF $15,000.00. The ordinance was given third reading and passed by a roll call vote of 9 ayes - 0 nays. ORDINANCE, FIRST & SECOND READING AN ORDINANCE WHICH WOULD ESTABLISH A SOUTH BEND HISTORICAL PRESERVATION COMMISSION. Councilman Geib made a motion that the ordinance be tabled for further discussion and it be given first and second reading on July 13, 1964. Councilman Smith seconded the motion. Motion carried, ORDINANCE, FIRST & SECOND READING AN ORDINANCE TO AMEND ORDINANCE NO. 4581 -63 BEING AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE N0, 3702. The ordinance was given first reading by title and second reading in full. Councilman Smith made a.motion that the ordinance be referred to the Committee of the Whole for public hearing on June 22, 1964. Councilman Geib seconded the motion. Motion carried. ORDINANCE, FIRST & SECOND READING AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 (St. Vincent St., Eddy St., Corby St, and St. Louis Blvd.) The ordinance was given first reading by title and second reading in full. Councilman. Glass made a motion that the ordinance be referred to the Committee of the Whole for public hearing on June 22, 1964. Councilman Szymkbwiak seconded the motion. Motion carried. ORDINANCE, FIRST & SECOND READING AN ORDINANCE AMENDING ORDINANCE NO. 3702 ADOPTED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ON THE 14TH DAY OF JUNE, 1949, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA. (Southwest corner of Lincolnway East and Twyckenham Drive) The ordinance was given first reading by title and second reading in full. Councilman Smith made a motion that the ordinance be referred to the Committee of the Whole for public hearing on July 27, 1964. Councilman Szymkowiak seconded the motion. Motion carried. ORDINANCE No. 4664 - -64 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE SOUTH BEND CITY WATER WORKS AND THE JAMES B. CLOW AND SONS, INC. FOR THE PURCHASE OF WATER MAIN PIPES AND FITTINGS IN THE SUM OF $70,930.49 AND VALVES IN THE SUM.OF $7,674.75. The ordinance was given first reading by title and second reading in full. Councilman Wise made a motion for suspension of rules. Councilman Szymkowiak seconded the motion. Motion carried �y 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. ORDINANCE, FIRST & SECOND READING AN ORDINANCE APPROPRIATING ($32,000.00) TO THE STREET DEPARTMENT IN THE PURCHASE OF STREET AND ALLEY MATERIALS; SAID ($32,000.00) TO BE A TRANSFER FROM FUND S -264 INTO FUND S -421. 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 July 13, 1964. Councilman Szymkowiak seconded the motion. Motion carried. RESOLUTION NO, 71 - -64 RESOLUTION FOR ADDITIONAL APPROPRIATIONS IN THE STREET AND ALLEY MATERIALS FUND OF THE SOUTH BEND STREET DEPARTMENT IN THE AMOUNT OF $91,000.00 AND THE TRANSFER OF THE SAME FROM ONE OTHER ACCOUNT IN THE SAME MATERIALS CATEGORY OF THE STREET DEPARTMENT. 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 contingencies; and WHEREAS, street and alley materials are urgently needed by the Street Department to assure its ability to properly perform its function and the sum of $9,000.00 is needed forthwith; and WHEREAS, a surplus exists in one other account where it is not presently needed at this time; and more specifically as follows, to -wit: (Continued) RE MEETING _ EETING JUNE 15, 1964 RESOLUTION N0,_ 71 - -64 (Continued) 1. Nine- thousand Dollars ($9,000.00) in Item 5 -423 designated as material, road oil program. NOW THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, That the sum of $9,000.00 be transferred to Account No. 5 -421 designated as materials, street and alley materials by transferring it from the following accounts, to -wit: 1. Nine - thousand Dollars ($9,000.00) from 5 -423. Both of which said accounts are in the general materials category of the Street Department. /s/ Richard G. Geib Member of the Common Council Councilman Glassbmade a motion for the adoption of the Resolution. Councilman Geib seconded the motion. Resolution Adopte� a roll call vote of 9 ayes - 0 nays. There being no further business before the Council, Councilman Smith made a motion to adjourn. Councilman Geib seconded the motion. Motion carried and Council adjourned at 9:03 P.M. ATTEST: E4 p@ MAN E J PRESIDENT