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HomeMy WebLinkAbout07-13-64 Council Meeting MinutesREG1tI.AR MEETING JULY 13, 1964 Be it remembered that Common Council of the City of South Bend, Indiana, met in Regular Session in the Council Chambers in thell on Monday, July 13, 1964, at 8 :16.P.M.,.with all members present except Councilman Smith. The meeting was called to order by President John L. Hunter Jr., who presided. ROLL CALL PRESENT: Councilmen Hunter, Allen, Wise, Geib, Palmer, Szymkowiak,.Glass and Muszynski. ABSENT: Councilman Smith. REPORT OF COMMITTEE ON MIMBTES 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 corr6ct. They therefore recommend that the same be approved. /s/ John L. Hunter Jr. ) is Walter G. Glass ) Committee Minutes of June 22, 1964 is Chester Muszynski ) Councilman Geib made a motion that the report be accepted and placed on file. Councilman Wise seconded the motion. Motion carried. PETITION Petition to annex 159 acre area on West side of Ironwood Road and bounded on the North by Jackson 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 City Planning Commission to rezone from "E" Heavy Industrial Use and "D" Light Industrial Use and "F" Height and Area District to "B" Residential Use and "B" Height and Area District a triangular parcel of land bounded on the North by the Southerly right -of -way of the-G"ran&'Trunk Western R.R. Co., on the South by the Northerly right -of -way of the New York Central R.R. Co., and on the East by the West right -of -way of Laurel Street. Councilman Geib made a motion that the petition be accepted and placed on file. Councilman Szymkowiak seconded the motion. Motion carried. PETITION Petition of 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 bounded on the North by the first east - west alley south of Indiana Avenue, on the East by Kemble Avenue,- on the South by Dubail Avenue, and on the West by the first north -south alley East of Prairie Avenue. Councilman Muszynski made a motion that the petition be accepted and placed on file. Councilman Geib seconded the motion. Motion carried. PETITION Petition of City Planning Commission to rezone from "B" Residential Use and "A" Height and Area to "A" Residential Use and "A" Height and Area District the property generally bounded on the North by Indiana Avenue, on the East by the north -south alley East of Nash Street, on the South by Calvert Street, and on the West by Brookfield Street. Councilman Glass made a motion that the petition be accepted and placed on file. Councilman Palmer seconded the motion. Motion carried. PETITION Petition of 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 Napoleon Blvd., on the East by St. Louis Blvd., on the South by Corby Street and St. Vincent Street, and on the West by Hill Street and the 2nd north -south alley west of Lawrence Street. Councilman Szymkowiak made a motion that the petition be accepted and placed on file. Councilman Glass seconded the motion. Motion carried. REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: July 13, 1964 Your Committee of the Whole to whom was referred "AN ORDINANCE APPROPRIATING $8,500.00 FOR THE MAKING OF NECESSARY, REPAIRS REQUIRED ON THE MORRIS CIVIC AUDITORIUM IN THE CITY OF SOUTH BEND, INDIANA ". Respectfully report that they have examined the matter and that in their opinion this ordinance be withdrawn. /s/ John V. Wise, Acting Chairman Councilman Muszynski made a motion that the report 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 July 13, 1964 Your Committee of the Whole to whom was referred "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 5 -421" Respectfully report that they have examined the matter and that in their opinion this ordinance go to the Council as favorable. /s/ John V. Wise, Acting Chairman Councilman Allen made a motion that the report 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: July 13, 1964 Your Committee of the Whole to whom was referred "AN ORDINANCE AMENDING ORDINANCE N0, 3895 DESIGNATING WEST EWING AVENUE A BOULEVARD AND HEREBY REDESIGNATING AND DECLARING WEST EWING AVENUE TO BE A BOULEVARD FROM FRANKLIN STREET TO GERTRUDE STREET ". Respectfully report that they have examined the matter and that in their opin9this ordinance go to the Council as favorable, j /s/ John V. Wise, Acting Chairman Councilman Geib made a motion that the report be accepted and placed on file. Councilman Szymkowiak seconded the motion. Motion carried. REGULAR MEETING JULY 131J1 64 REPORT OF ORDINANCE COMMITTEE To the Common Council of the City of South Bend: Your Committee on Ordinances to whom was referred the Ordinance amending Ordinance No. 3702, commonly known as the Zoning Ordinance of the City of South Bend, Indiana, as amended - - -- being more specifically the Ordinance to amend Section 18, sub- section "e ", by the addition thereto of the following: (4) In "A -2" Residential Districts: Planned Residential Developments. Respectfully report that they have examined the matter and that in their opinion the Ordinance should be reported as favorable as amended with the following amendments: From the page of amendments withdraw the following amendment: Page ,2,, line 41 (h) the name of the prime contractor or contractors shall be sub From the amendment page, reference page 3, line 19 withdraw the following amendment: (f) A showing by the proponent of financial responsibility and ability to carry the vroposal to completion in full _compliance with the requirements of Motion to amend page 4, line 15 by the following: (g) A bond which shall run to the City of South Bend, be in an amount determined by the Board to be sufficient to complete all improvements as shown on the development plan as approved by the Board and in compliance with this Ordinance be with surety by a company licensed to do business in the State of Indiana, and specify the time for completion for the said improvements. Page 4, line S: delete "plan" Page 3, line 44: change (d) to (c) Isl Janet S. Alien, Chairman 7 -13 =64 Councilman Allen made a motion that the report be accepted and placed on file. Councilman Szymkowiak seconded the motion. Motion carried. Mr. President: Your Ordinance Committee recommends the adoption of the following Resolution, namely: That the Council consider the amendments and the motion to further amend Section 18, sub - section "e ", and that these be added to this agenda at this meeting for 1st and 2nd reading, I move the adoption of this resolution. Isl Janet S. Allen, Chairman Ordinance Committe 7 -13 =64 Councilman Allen made a motion to adopt amendments to the Ordinance. Councilman Geib seconded the motion. Motion carried by a roll call vote of 8 ayes (Councilmen Hunter, Allen, Palmer, Wise, Geib, Szymkowiak, Glass and Muszynski), 1 absent (Councilman Smith). Councilman Allen made a motion that the ordinance be set for public hearing on August.10, 1964. Councilman. Geib seconded the motion. Motion carried. REPORT OF COMMITTEE ON SEWERS AND DRAINS To the Common Council of the City of South Bend: Your Committee on Sewers and Drains to whom was referred "the investigation of the flash flood in the Southeast, Sunday, June 21, 1964 ". Respectfully report that they have examined the matter and that in their opinion the flood damage resulted from the fact that the sewer openings in the city sewer system were clogged by debris from surrounding property causing the water to flow on the surface of the ground along the Southeast Creek Bed to the vicinity of the New York Central Railroad Tracks. /s/ Richard G. Geib, Acting Councilman Glass made a motion that the report be accepted and placed on file. Councilman Muszynski seconded the motion. Motion carried. REPORT OF SEWAGE TREATMENT PLANT FOR YEAR ENDED DEMM8ER31ST, 1964. Financial and Operational Report for year ended Debember 31st, 1964. Councilman Glass made a motion that the report be accepted and placed on file. Councilman Muszynski seconded the motion. Motion carried. JJEGULAK MEETING JULY 13, 1964 REPORT OF CITY PLANNING COMMISSION The Honorable Common Council City of South Bend July 7, 1964 South Bend, Indiana Gentlemen: The attached petition of the City Planning Commission to rezone from "E" Heavy Industrial Use and "D" Light Industrial Use and "F" Height and Area District to "B" Residential Use and "B" Height and Area District a triangular parcel of land bounded on the North by the Southerly right -of -way of the Grand Trunk Western R.R. Co., on the South by the Northerly right -of -way of the New York Central R.R. Co., and on the East by the West right -of -way of Laurel Street was legally advertised under date of June 22, 1964 and given public hearing on July 2, 1964. The following action was taken: After due consideration the Commission found that the proposed rezoning would be in the best interest of the'City and the subject area. It was therefore duly moved, seconded, and unanimously carried that the petition bw recommended favorably to the Council. 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 placed on file. Councilman Szymkowiak seconded the motion. Motion carried. REPORT OF CITY PLANNING COMMISSION The Honorable : Common Counc i 1 City of South Bend South Bend, Indiana Gentlemen: July 6, 1964 The attached petition of the City Planning Commission to rezone from "B" Residential Use and "A" Height and Area District to "A" Residential Ise and "A" Height and Area District the property generally bounded on the North by the first east -west alley south of Indiana Avenue, on the East by Kemble Avenue, on the South by Dubail Avenue, and on the West by the First north -south alley East of Prairie Avenue was legally advertised under date of June 22, 1964 and given public hearing on July 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. 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: July 7, 1964 The attached petition of the City Planning Commission to rezone from "B" Residential Use and "A" Height and Area to "A" Residential Use and "A" Height and Area District the property generally bounded on the North by Indiana Avenue, on the--East by the north -south alley East of Nash Street, on the South by Calvert Street, and on the West by Brookfield Street was legally advertised under date of June 22, 1964 and given public hearing on July 2, 1964. The following action was taken: After due consideration the Coonission found that the predominant use of 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 Muszynski made a motion that the report be accepted and placed on file. Councilman Geib seconded the motion. Motion carried. REGULAR MEETING JULY 13. , 1%4— REPORT OF CITY PLANNING COMMISSION The Honorable Common Council City of South Bend July 6, 1964 South Bend, Indiana Gentlemen: 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 Napoleon Blvd., on the East by St. Louis Blvd., on the South by Corby Street and St. Vincent Street, and on the West by Hill Street and the 2nd south -south allen west of Lawrence Street was legally advertised under date of June 22, 1964 and given public hearing on July 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 C0WffSSION Robert L. Huff, /s/ Director of Planning RL K/cf attach. Councilman Allen 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: July 7, 1964 The attached petition of Arthur Demby to rezone from "B" Residential Use and "A" Height and Area District to "D" Light Industrial Use and "A" Height and Area District the property situated on the West side of So. Phillipa Street between West Indiana Avenue and Dubail Avenue was legally advertised under date of April 27, 1964 and given public hearing on May 7, 1964. The following action was taken: After due consideration the Commission found that the proposed zoning would not be in the best interest of the subject area; that it would be an unwarranted intrusion into a residential area, that the existing zoning district, wherein the industrial zoning stops at the rear lot lines as opposed to the street right -of -way line is sound; that there exists in the immediate vicinity a very ample amount of industrially zoned areas. It was therefore duly moved, seconded and carried (Mr. Kromkowski abstaining) that the petition be recommended unfavorably to the Council. Very truly yours, CITY PLANNING COMMISSION Robert L. Huff, /s/ Directojof Planning RLH /cf attach. Councilman Glass 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: July 6, 1964 The•-.attached petition of Al Nall & Associated to zone recently annexed land "A" Residential Use and "A" Height and Area District was legally advertised under date of June 22, 1964 and given public hearing on July 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 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. Councilman Glass made a motion that the report be accepted and placed on file. Councilman Geib seconded the motion. Notion carried. MWIAK METING JULY 13 1964 ORDINANCE NO. 4669 - -64 AN ORDINANCE APPROPRIATING ($322000.00) TO THE STREET DEPARTMENT IN THE PURCHASE OF STREET AND ALLEY MATERIALS; SAID ($32,000.00) TO BE A TRANSFUR FROM FUND S -264 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, Glass and Muszynski), 1 absent (Councilman Smith). ORDINANCE NO, 4670 - -64 AN ORDINANCE AMENDING ORDINANCE N0, 3895 DESIGNATING WEST EEING AVENUE A BOULEVARD AND HEREBY REDESIGNATING AND DECLARING JEST EWING AVENUE TO BE A BOULEVARD FROM FRANKLIN STREET TO GERTRVDE STREET. The ordinance was given third reading and passed by a roll call vote of 5 ayes (Councilman Hunter, Palmer,:. Wise,:, Geib, and' Szymkowiak) , .3.-Mays (Cduiic:ilmen' Allelft, Glass and - Mustyuski) � ° ` 1 ,Absent (Councilman Smith) . ORDINANCE, FIRST & SECOND READING AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE .NO. 3702 (Triangular parcel of land bounded by New York Central R.R. Co., Grand Trunk Western R.R. Co. and Laurel St.) The ordinance was given first reading by title and,second reading in full. Councilman Muszynski made a motion for suspension of rules. Councilman Szymkowiak seconded the motion. Motion lost by a roll call vote of 5 Ayes (Councilmen Allen, Wise, Szymkowiak, Glass and Muszynski), 3 Nays (Councilmen Hunter, Palmer and Geib), 1 absent (Councilman Smith). Councilman Glass made a motion that the ordinance be 'set for public hearing on July 27, 1964. Councilman Muszynski seconded the motion. Motion carried. ORDINANCE, FIRST & SECOND READING AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE - -NO, 3702 (Indiana, Kemble, Dubail Aves. and Alley East of Prairie Ave.) The ordinance was given first r6ading by title and second reading in full. Councilman Glass made a motion that the ordinance be set for public hearing on July 27,1964. Councilman Szymkowiak seconded the motion. Motion carried. ORDINANCE. FIRST A SECOND READING AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 (Indiana Ave., Nash St.,.Calvert St..and Brookfield 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 July 27, 1964. Councilman Palmer seconded the motion. Motion carried. ORDINANCE, FIRST & SECOND READING AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 (Napoleon Blvd., St. Louis Blvd., Corby St., St. Vincent St., Hill St. and Alley.West of Lawrence 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 July 27, 1964. Councilman Szymkowiak seconded the motion. Motion carried. ORDINANCE, FIRST & SECOND READING AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO, 3702 (West side of So..Phillipa St..between West- Indiana and West Dubail Avenues) 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 July 27, 1964. Councilman Szymkowiak seconded the motion. Motion carried. ORDINANCE, FIRST & SECOND READING ORDINANCE NO. _ BEING AN ORDINANCE AMENDING ORDINANCE NO, 37029 AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOVTH BEND, INDIANA. (75 Acres South of Jackson and East of Miami 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 August 10, 1964. Councilman Szymkowiak seconded the motion. Motion carried. ORDINANCE, FIRST & SECOND READING AN ORDINANCE AMENDING SVB- SECTION 301.2, FIRE DISTRICT NO. 210 OF SECTION 127.0, BOARD OF SURVEY CONSTITUTING APART OF ORDINANCE NO, 4381 -61, 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 July 27, 1964. Councilman Allen seconded the motion. Motion carried. REGUL4R Trne JBLY 13_ 1964 ORDINANCE. FIRST & SECOND READING AN ORDINANCE WHICH WOULD ESTABLISH A SOUTH BEND HISTORICAL PRESERVATION COMMISSION. The ordinance was given first reading by title and second reading in full. Councilman Allen made a motion that further action on this ordinance be postponed until legal opinion has been secured from the City Attorney. Councilman Geib seconded the motion. Motion carried. ORDINANCE NO. 4671 - -64 AN ORDINANCE APPROPRIATING FROM THE PARKING METER FUND THE SUM OF $855.00 FOR, THE PURPOSE OF INCREASING THE FADS IN ACCOUT 241 MADE NECESSARY BY A NEED FOR THE PURCHASE OF ADDITIONAL SVPPLIES NON - OFFICE. The ordinance was given first reading by title and second reading in full. Councilman Geib 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, Glass and Muszynski), 0 nays, 1 absent (Councilman Smith). The ordinance was given third reading and passed by a roll call vote of 8 ayes (Councilmen Hunter, Allen, Palmer, Wise, Geib, Szymkowiak, Glass and Muszynski), 0 nays, 1 absent (Councilman Smith). ORDINANCE. FIRST & SECOND READING AN ORDINANCE PROHIBITING CARELESS OPERATION OF VEHICLES IN THE CITY, DEFINING TERMS, AND REPEALING ALL�ORDINANCES IN CONFLICT.. A Memorandum from the Assistant City Attorney ''Myron J. Hack on "Validity of Cere'leesss Driving Ordinance" was read by the Clerk. Councilman Geib made a motion that the memorandum be accepted and placed on file.. Councilman Szymkowiak seconded the motion. Motion carried. The ordinance was given first reading by title and second reading in full. Councilman Glass made a motion for suspension of rules. Councilman Szymkowiak seconded the motion. Councilman Glass withdrew his motion and Councilman Szymkowiak withdrew his second to the motion. Councilman Geib then made a motion that the ordinance be set for public hearing on August 10, 1964. Councilman Szymkowiak seconded the motion. Motion carried. ORDINANCE. FIRST & SECOND READING AN ORDINANCE FIXING MAXIMUM SALARIES OF APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 1965. 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 27, 1964. Councilman Muszynski seconded the motion. Motion carried. Councilman Geib amended his motion that the ordinance be studied by the Fees and Salaries Committee and invitation is extended to all Council who wish to attend the meeting. Councilman Szymkowiak seconded the motion. Motion carried. There being no further business before the Council, Councilman Glass made a motion to adjourn. Councilman Muszynski seconded the motion and Council adjourned at 10:15 P.M. ATTEST: �i.i.