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Home My WebLink About07-27-64 Council Meeting MinutesREGULAR MEETING JULY 27, 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, July 27, 1964, at.10:40.P.M., with all members present. The meeting was called to order by President John.L. Hunter Jr., who presided. ROLL CALL PRESENT: Councilmen Hunter, Allen, Palmer, Wise, Geib, Szymkowiak, Glass, Smith and Muszynski. ABSENT: None. SPECIAL MEETING Councilman Geib made a motion for Special Meeting of the Council on August 3, 1964, at 7:00 P.M., for first and second reading of the Budget for 1965. Councilman Szymkowiak seconded the motion. Motion carried. REPORT OF COMMITTEE ON MINBTES 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 July 13, 1964. /s/ John L. Hunter Jr. ) Chester Muszynski ) " Walter G. Glass') Committee Councilman,Muszynski made a motion that the report be accepted and placed on file. Councilman Smith seconded the motion. Motion carried. REGULAR -MEETING JULY 27, 1964 REPORT OF CITY PLANNING COM IISSION The Honorable Common Council City of South Bend July 20, 1964 South Bend, Indiana Gentlemen: Pursuant to the petition of Arthur Denby to rezone land on the west side of Phillips Street, between Indiana and Dubail Avenues, the staff of the Planning Commission made the following report to the Commission after study of the petition: In regard to the merits of the petition to rezone land lying west of Phillips, between Indiana and Dubail Avenues the following factors are to be considered: 1. The property in question has been zoned "B" Residential since 1923, as has a large block of land lying to the east and south. This area has gradually developed residentially. Residential development was quite active in the area from 1950 -1960. Since 1960 development has proceeded at a slower pace. Currently Carlisle Street, lying one block to the east is approximately 604 developed, a conservative figure, since many people own two or more lots, due to the narrowness of the platted lots. Streets to the east of Carlisle are 75 to 100% developed. 2. In the same period the strip of land fronting on the east side of Olive, from Indiana to Ewing Avenue, zoned light industrial, has seen very sparse development. Presently there are four industrial uses in this strip of land. Thus, a reasonable amount of vacant, light industrially zoned land .exists in the immediate area. 30 The land in question does not differ in any physical aspect from that of nearby land which has been developed residentially. There does not appear to be any reason why this land cannot be used residentially, due to unusual shape, topography, location or surrounding uses. While this particular block of Phillips is not paved and lacks sewer and water, this condition is similar to that of a vast portion of the city prior to its development. Provision of pavement, sewer and water are the financial responsibility of the developer of the land. 4. It is a basic principle of zoning that the best location for district boundaries is along alleys or back lot lines. Streets are not a good dividing point for district boundaries, for streets in general are not divisive elements, but connecting elements. 5. The rezoning in question, by running the district boundary down street lines on three sides of the property would exert a decidedly adverse effect upon all the properties facing the petitioners property. 6. The rezoning in question would deprive,adjacent property owners of the protection of zoning, for the petitioners property differs in no significant aspect from that of adjacent property. 7. The rezoning in question would grant the petitioner preferential treatment, in that vacant land zoned light industrial exists in the immediate area, there is no reason why the subject land cannot be used residentially, no evidence has been set forth that the best use of this land would be fort light industrial use, thus it appears that such a rezoning would be based solely on the petitioners desire to so use the subject property. Very truly yours, CITY PLANNING COMMISSION Robert L. Huff /s/ Director of Planning RLH /cf Councilman Glass made a motion that the report be accepted and placed on file. Councilman Palmer seconded the motion. Lotion carried. REPORT OF C=aTTEE OF THE WHOLE To the Common Council of the -City of South Bend: July 27, 1964 Your Committee bf the Whole to whom was referred "AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 ". (Triangular tract of land bounded by Grand Trunk Western R.R. Co., New York Central Railroad Co. and Laurel Street). Respectfully report that they have examined the matter and that in their opinion this ordinance be reported 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. REGULAR MEETING JULY Z7, 1964 REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: July 27, 1964 Your Committee of the Whole to whom was referred "AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 ". (Lots No, 87 through 94 situated on the West side of South Phillipa Street, in the 1600 Block, between West Indiana and West Dubail Avenues). Respectfully report that they have examined the matter and that in their opinion this ordinance be reported to the Council as unfavorable. Is/ Edwin Thomas Smith Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Wise seconded the motion. Notion carried. REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: July 27, 1964 Your Committee of the Whole to whom was referred "AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE N06 3702 ". (Bounded on the North by the first east-west-alley south,of Indiana Avenue, on the East by Kemble Avenue, on the South by Dubaii Avenue, and on the West by the first North -South alley East of Prairie Avenue). Respectfully report that they have examined the matter and that in their opinion this ordinance be reported to the Council as favorable. Is/ 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: July 27, 1964 Your Committee of the Whole to whom was referred "AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 ". (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). Respectfully report that they have examined the matter_�and that in their opinion this ordinance be reported to the Council as favorable. Is/ 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: July 27, 1964 Your Committee of the Whole to whom was referred "AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE N0. 3702 ". (Bounded on the North by Napoleon Blvd., on the East by St. Louis Blvd., on the South.by Corby St, and St. Vincent St., and on the West by Hill Street and the 2nd north -south alley west of Lawrence St.). Respectfully report that they have examined the matter and that in their opinion this ordinance be reported to the Council as favorable. Is/ Edwin Thomas Smith Councilman Allen made a motion that the report be accepted and placed on file. Councilman Palmer seconded the motion. Motion carried. REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: July 27, 1964 Your Committee of the Whole to whom was referred "AN ORDINANCE AMENDING SUB - SECTION 301.2, FIRE DISTRICT NO. 22 OF SECTION 127.0, BOARD OF SURVEY CONSTITUTING A PART OF.ORDINANCE-NO. 4381m61 1.10 Respectfully report that they -have examined the matter and that in their opinion this ordinance be reported to the Council as favorable. Isl Edwin Thomas Smith 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: July 27, 1964 Your Committee of the Whole to whom was referred "AN ORDINANCE AMENDING ORDINANCE N0, 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 Twcykenham Drive). Respectfully report that they have examined the matter and that in their opinion this ordinance be reported to the Council as unfavorable. Is/ Edwin Thomas Smith Councilman Glass made a motion that the report be accepted and placed on file. Councilman Allen seconded the motion. Motion carried. M REGULAR-MEETING JULY 27, 1964 REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: July 27, 1964 Your Committee of the Whole to whom was referred "AN ORDINANCE FIXING MAXIMUM SALARIES OF APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR-THE YEAR 1965." Respectfully report that they have examined the matter and that in their opinion this report go to the Council favorable,,as amended, as follows: City Judge, Probation Officer $6,000; City Attorney, Clerk Typist $2,952; Sewer Dept., Foreman $5,496; Building Dept., Secretary- Bookkeeper $4,008; Electrical & Heating Inspection Dept., Asst. Heating Inspector $4,488; Weights and Measures, Inspector $6,600; Deputy Inspector $4,488; Urban Redevelopmeni Commission, Executive Director $12,000, Planner II $6,500, Clerk - Typist $3,480;.Sewage Treatment Plant, Asst. Supt. $7,080; Water Works Supt. $9,700, Auditor $7,950, Asst. Auditor $6,000; Supervisor Billing Dept. $5,720; Supervisor Collection Dept. $4,320; Clerk Collection Dept. $3,504; Garage Mechanic $5,280; Operator III $5,400; Park Dept.,Supt. of Parks & Forestry $8,022, Asst. Supt. $5,700, Secretary & Clerk $3,840, Zoo Keeper (Potawatomi) $4,584, Greenskeeper $4,764, Florist $5,520, Asst. Florist $4,896, Refrigeration & Pool Engineer $5,000; Recreation Dept.,Director of Special Events $5,320; that Ordinance be corrected by striking from Engineering.Department the word "Traffic" after Project Engineer. /s/ Edwin Thomas Smith Councilman Geib made a motion that the report be accepted and placed on file. Councilman Palmer seconded the motion. Motion carried. ORDINANCE NO. 4672 - -64 AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE N0. 3702 (Triangular tract of land bounded by Grand Trunk Western R.R.Co., New York Central Railroad Co. and Laurel Street) The ordinance was given third reading and passed by a roll call vote of 8 ayes (Councilmen Hunter, Allen, Palmer, Wise, Szymkowiak, Glass, Smith and Muszynski), 1 nay (Councilman Geib). ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 (West side of So. Phillips St., in the 1600 Block, between West Indiana and West Dubail Avenues) The ordinance was given third reading and lost by a roll call vote of 0 ayes, 9 nays. ORDINANCE NO. 4673 - -64 AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE N0. 3702 (Indiana Ave., Kemble Ave., Dubail Ave. and Alley East of Prairie Avenue) The ordinance was given third reading and passed by a roll call vote of 9 ayes - 0 nays. ORDINANCE NO. 4674 - -64 AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE N0. 3702 (Indiana Ave., Nash St., Calvert St..and Brookfield Street) The ordinance was given third reading and passed by a roll call vote of 9 ayes - 0 nays. ORDINANCE N0, 4675 - -64 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 St.) The ordinance was given third reading and passed by a roll call vote of 9 ayes - 0 nays. ORDINANCE N0. 4676 - -64 AN ORDINANCE AMENDING SUB - SECTION 301.2, FIRE DISTRICT NO. 22 OF SECTION 127.0, BOARD OF SURVEY CONSTITUTING A PART OF ORDINANCE NO. 4381 -61. The ordinance was given third reading and passed by a roll call vote of 8 ayes (Councilmen Hunter, Allen, Palmer, Wise, Szymkowiak, Glass, Smith and Muszynski), 1-nay (Councilman Geib). ORDINANCE 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 third reading and lost by a roll call vote of (4 ayes (Councilmen Geib, Glass, Smith and Muszynski), 5 nays (Councilmen Hunter, Allen, Palmer, Wise and Szymkowiak). ORDINANCE N0, 4677 - -64 AN ORDINANCE FIXING MAXIMUM SALARIES OF APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 1965, AS AMENDED. The ordinance, as amended, was given third reading and passed by a roll call vote of 9 ayes - 0 nays. SG REGULAR FETING JULY 27, 1964 ORDINANCE, FIRST & SECOND READING AN ORDINANCE ADOPTING THE PROVISIONS OF THE AREA PLANNING ACT, CHAPTER 138, ACTS OF 1957, INDIANA GENERAL ASSEMBLY, AS AMENDED. The ordinance was given first reading by title and second reading in full. Councilman Allen made a motion that the ordinance be set for public hearing on August 10th, 1964. Councilman Glass seconded the motion. Motion carried. ORDINANCE, FIRST & SECOND READING AN ORDINANCE APPROPRIATING $200.00 FOR THE USE OF THE CITY PLAN COMMISSION IN THE PAYMENT OF ADDITIONAL EXPENSES INCURRED AS A CONSEQUENCE OF THE PUBLICATION OF LEGAL NOTICES REQUIRED BY LAW. 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 10th, 1964. Councilman Wise second@ "d the motion. Motion carried. NEW BUSINESS :. At the suggestion of President Hunter the Council gave a standing ovation to City Attorney Robert J. DuComb and Members of the Board of Public Works and Safety in their successful efforts to have railroads repair Gros in the City. The Council also thanked Richard Duck, Clerk of the Board of Public Works and Safety, for the screens installed on the windows in the Council Chambers. Petition received from property owners regarding condition and health hazard of the street drainage ditch at the South end of Lombardy Drive and in the 4600 block of Meadow Lane. Councilman Smith made a motion that the petition be referred to the Board of Public Works and Safety with recommendation from Councilman °Muszywaki that the Board ask the City Engineer to investigate the condition. Councilman Wise seconded the motion. Motion carried. There being no further business before the Council, Councilman Wise made a motion to adjourn. Councilman Muszynski seconded the motion. Motion carried and Council adjourned at 11 :30 P.M. ATTEST: CLERK APPROVED: ,,. PRESIDENT