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HomeMy WebLinkAbout09-28-64 Council Meeting MinutesREGULAR MEETING SEPTEMBER 28, 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, September 28, 1964, at 9:08 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. President Hunter welcomed and thanked the Provisional Members of the Junior League for attending the meeting and asked Members of the Council to return to the Caucus Chambers after the meeting to meet with the Members of the League for a brief discussion. PETITION Petition of Louis and Blanche.Gruszynski to rezone southeast corner of Keller St. and Bendix Drive from "A" Use District and "A" Height and Area District to "B" Use District and "B" Height and Area District. Councilman Glass made a motion that the petition be referred to the City Planning Commission. Councilman Szymkowiak seconded the motion. Motion carried. REGULAR MEETING SEP MRE$ _28 - 1964 REPORT OF ORDINANCE COMMITTEE To the Common Council of the City of South Bend: September 28, 1964 Your Committee on Ordinances to whom was referred "AN ORDINANCE ADOPTING THE PROVISIONS OF THE AREA PLANNING ACT, CHAPTER 138, ACTS OF 1957, INDIANA GENERAL ASSEMBLY, AS AMENDED ". Respectfully report that they have examined the matter and that in their opinion THE ORDINANCE GOES TO THE COMMON COUNCIL WITHOUT RECOMMENDATION. /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 COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: September 28, 1964 Your Committee of the Whole to whom was referred "AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 ". (Property South of Western Ave., North of New York Central Railroad and Grand Trunk Western Railway Co.) Respectfully report that they have examined the matter and that in their opinion 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 Palmer seconded the motion. Motion carried. REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: September 28, 1964 Your Committee of the Whole to whom was referred "AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 ". (Location: Property on St. Vincent St., Hill St., Corby St., Niles Ave. and 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 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: September 28, 1964 Your Committee of the Whole to whom was referred "AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE N0. 3702 ". (Location: Property on Indiana Ave., Brookfield St., Calvert St. and Carlisle 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 Muszynski made a motion that the report be accepted and placed on file. Councilman Szymkowiak se the motion. Motion carried. REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: September 28, 1964 Your Committee of the Whole to whom was referred "AN ORDINANCE ADOPTING THE PROVISIONS OF THE AREA PLANNING ACT, CHAPTER 138, ACTS OF 1957, INDIANA GENERAL ASSEMBLY, AS AMENDED ". Respectfully report that they have examined the matter and that in their opinion this ordinance go to the Council favorable, as amended. /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 CITY PLANNING CEkMISSION The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: September 5, 1964 The attached petition of the City Planning Commission to rezone from the existing zoning and the existing height and area district to "A" Residential Use and "A" Height and Area District the property bounded on the East by Nash Street, on the West by Grant. Street, on the South by Prairie Avenue, and on the North by Calvert Street was legally advertised under date of August 24, 1964 and given public hearing on September 3.. The following action was taken: After due consideration the Commission found that the proposed zoning change would be 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 /s/ Robert L. Huff, Director of Planning C uncilTan Muftnuski made a motion that the report be accepted and placed on file. Councilman Szymkowiak seconded tie mo on, o ion carrie . REGULAR MEETING SEPTEMBER 28, 1964 REPORT OF CITY PLANNING COMMISSION The Honorable Common Council City of South Bend September 5, 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 bounded on the East by Meade Street, on the West by Bendix Drive, on the North by Prast Blvd., and on the South by Westmore Street was legally advertised under date of August 24, 1964 and given public hearing on September 3, 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 Szymkowiak made a motion that the report be accepted and placed on file. Councilman Smith seconded the motion. Motion carried. REPORT OF CITY PLANNING COMMISSION The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: September 4, 1964 Please withdraw the following ordinance originated by the Planning Commission, as it is not legally correct due to the passage of Ordinance No. 4685 -64: Bounded in the North by Indiana Avenue, Walnut. Street on the East, Prairie Avenue on the South and by the lst north -south alley east of Nash Street on the West. The Planning Commission will submit a corrected ordinance at a later date. Very truly yours, CITY PLANNING COMMISSION Robert L. Huff, /s/ Director of Planning RLH /cf Councilman Geib made a motion that the report be accepted and placed on file. Councilman Muszynski seconded the motion. Motion carried. ORDINANCE N0, 4688 - -64 AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 (Property South of Western Ave., North of New York Central Railroad and Grand Trunk Western Railway Company) The ordinance was given third reading and passed by a roll call vote of 9 ayes - 0 nays. ORDINANCE NO. 4689 - -64 AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 (St. Vincent St., Hill St., Corby St., Niles Ave. and Lawrence St.) The ordinance was given third reading and passed by a roll call vote of 9 ayes - 0 nays. ORDINANCE NO. 4690 - -64 AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 (Indiana Ave., Brookfield St., Calvert St. and Carlisle St.) The ordinance was given third reading and passed by a roll call vote of 9 ayes - 0 nays. ORDINANCE N0. 4691 - -64 AN ORDINANCE ADOPTING THE PROVISIONS OF THE AREA PLANNING ACT, CHAPTER 138, ACTS OF 1957, INDIANA GENERAL ASSEMBLY, AS AMENDED The ordinance, as amended, was given third reading and passed by a roll call vote of 7 ayes (Councilmen Hunter, Palmer, Wise, Geib, Szymkowiak, Smith and Muszynski), 2 nays (Councilmen Allen and Glass). ORDINANCE AN ORDINANCE PERTAINING TO THE SANITATION OF VENDING FOOD AND BEVERAGES, TO LICENSES AND PERMITS APPLICABLE THERETO, ESTABLISHING MINIMUM SANITATION STANDARDS, AND DEFINING TERMS AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. Councilman Allen made a motion that the ordinance be referred to the Ordinance Committee and first and second reading be held on November 9, 1964. Councilman Smith seconded the motion. Motion carried. Councilman Smith made a motion that the next regular meeting of the Council be held on October 13, 1964 instead of October 12, 1964, which is Columbus Day. Councilman Geib seconded the motion. Motion carried. REGULAR MEETING SEP R 28 �� ORDINANCE, FIRST & SECOND READING AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 (Nash St., Grant St., Prairie Ave. and Calvert St.) 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 October 13, 1964. Councilman Smith seconded the motion. Motion carried. ORDINANCE, FIRST & SECOND READING AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 (Meade St., Bendix Drive, Prast Blvd. and Westmore St.) 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 October 13, 1964. Councilman Palmer seconded the motion. Motion carried. ORDINANCE NO. 4692 - -64 AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAKING OF A TEMPORARY LOAN FOR THE GENERAL FUND AND THE ISSUANCE AND SALE OF WARRANTS OF THE CITY FOR SUCH PURPOSE. The ordinance was given first reading by title and second reading in full. Councilman Wise made a motion for suspension of rules. Councilman Glass seconded the motion. Motion carried by 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 FOR AN ADDITIONAL APPROPRIATION TO THE EQUIPMENT REPAIR ACCOUNT OF THE SANITATION DEPARTMENT IN THE AMOUNT OF $3,549.00 WITH SAID SUN BEING TRANSFERRED FROM THE MOTOR EQUIPMENT ACCOUNT OF THE SANITATION DEPARTMENT. The ordinance was given first reading by title and second reading in full. Councilman Szymkowiak made a motion that the ordinance be set for public hearing on October 13, 1964, Councilman Glass seconded the motion. Motion carried. ORDINANCE NO. 4693 - -64 AN ORDINANCE APPROPRIATING FROM THE PARKING METER FUND THE SUM OF $31000.00 FOR THE PURPOSE OF INCREASING THE FUNDS IN ACCOUNT 726 MADE NECESSARY BY A NEED FOR THE PURCHASE OF ADDITIONAL METER HEADS, BEING DESIGNATED, OTHER EQUIPMENT. 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 carried by a roll call vote of 9 ayes - 0 nays. RESOLUTION RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE UNDERTAKING OF SURVEYS AND PLANS FOR AN URBAN RENEWAL PROJECT AND THE FILING OF ALL APPLICATION. The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: September 21, 1964 The attached resolution regarding LaSalle Park was considered by the Planning Commission on September 14, 1964. The following action was taken: The Commission found the provisions contained in the proposed preliminary plan, as part of the resolution, for the area to be in conformity with the Comprehensive Plan of the City of South Bend and with all aspects (i.e., major streets, school and park °sites, average population density). It was therefore duly moved, seconded, and unanimously carried that the above resolution be adopted. It was the suggestion of the Commission,, however, that the project area wherein "B" AND "C" zoning was suggested should be "A -1 " - -- 2 family zoning district that consideration be given to the extension of Washington Avenue East to Olive Street; and that thought be given to the vacation of as many alleys as feasible. 4' 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 Geib seconded the motion. Motion carried. Councilman Smith made a motion that the resolution be referred to the Urban Redevelopment and Housing Committee of the Common Council for study. Councilman Geib seconded the motion. Motion carried. REGULAR MEETING SEPTEMBER 28, 1964 RESOLUTION NO. 76 - -64 WHEREAS: God in His infinite wisdom has called from this life, Mr. Charles K. Abernethy, the husband of Mrs. Martha Abernethy, and WHEREAS: His death has brought grief and sorrow to his wife, Mrs. Martha Abernethy, and their family, NOW, THEREFORE BE IT RESOLVED That we, the Common Council of the City of South Bend, do extend to Mrs. Martha Abernethy and her family our sincere sympathy in this, their deepest hour of sorrow and that a copy of this Resolution duly certified by the Clerk be sent to the bereaved. JOHN L. HUNTER JR. WALTER M. SZYMKOWIAK RICHARD G. GEIB JANET S. ALLEN ALBERT B. PALMER WALTER G. GLASS CHESTER MUSZYNSKI EDWIN THOMAS SMITH Resolution unanimously adopted. RESOLUTION NO. 77 - -64 JOHN V. WISE RESOLUTION FOR ADDITIONAL APPROPRIATIONS IN THE MOTOR EQUIPMENT ACCOUNT OF THE SEWER DEPARTMENT IN THE AMOUNT OF $300.00 AND THE TRANSFER OF THE SAME FROM THE OTHER EQUIPMENT ACCOUNT IN THE SAME CATEGORY OF THE SEWER DEPARTMENT, AND ALL WITHIN THE GENERAL FUND 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 contingencces; and WHEREAS, An additional truck is urgently needed by the Sewer Department to assure it ability to properly perform its function and the additional sum of $300.00 is needed forthwith; and WHEREAS, A surplus exists in another account where it is not presently needed at this time; and more specifically as follows, to -wit: 1. Three hundred Dollars ($300.00) in Account J -726 designated as properties, other equipment. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, That the sum of $300.00 be transferred to Account No. J -722 designated as Properties, Motor Equipment by transferring it from the following account, to -wit: 2. Three hundred Dollars ($300.00) from Account J -726, both of said accounts being in the same category, to -wit: Properties, of the Sewer Department. /s/ John L. Hunter Jr. Member of the Common Council Councilman Palmer made a motion for the adoption of the Resolution. Councilman Wise seconded the motion. Motion carried by a roll call vote of 9 ayes - 0 nays. RESOLUTION NO. 78 - -64 RESOLUTION FOR ADDITIONAL APPROPRIATIONS IN THE OFFICE EQUIPMENT ACCOUNT OF THE ENGINEERING DEPARTMENT IN THE AMOUNT OF $100.00 AND THE TRANSFER OF THE SAME FROM THE MOTOR EQUIPMENT ACCOUNT IN THE SAME CATEGORY OF THE ENGINEERING 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, Additional office equipment is urgently needed by the Engineering Department to assure its ability to property perform its function and the sum of $100.00 is needed forthwith; and WHEREAS, A surplus exists in another account where it is not presently needed at this time; and more specifically as follows, to -wit: 1. One hundred Dollars ($100.00) in Account L -722 designated as Properties, Motor Equipment. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, That the sum of $100.00 be transferred to Account No. L -725 designated as Properties, Office Equipment, by transferring it from the following account, to -wit: 2. One hundred Dollars ($100.00) from Account L -722 both of said accounts being in the same category, to -wit: properties of the Engineering Department. /s/ Albert E. Palmer Member of the Common Council Councilman Muszynski made a motion for the adoption of the Resolution. Councilman Szymkowiak seconded the motion. Motion carried by a roll call vote of 9 ayes - 0 nays. REST R MEETING SEPTEMBER 28 _ 1964 RESOLUTION NO. 79 - -64 RESOLUTION FOR ADDITIONAL APPROPRIATIONS IN THE SUPPLIES, OIL ACCOUNT OF THE STREET DEPARTMENT IN THE AMOUNT OF $19000.00 AND THE TRANSFER OF THE SAME FROM THE GASOLINE ACCOUNT IN THE SAME CATEGORY OF THE STREET DEPARTMENT, AND BOTH WITHIN THE STREET AND TRAFFIC FUND. 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, Oil and diesel fuel is urgently needed by the Street Department to assure its ability to properly perform fts function and the sum of $1,000.00 is needed forthwith; and WHEREAS, A surplus exists in another account where it is not presently needed at this time; and more specifically as follows, to -wit: 1. One Thousand Dollars ($1,000.00) in Account S -321 designated as-supplies, gasoline. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, That the sum of $1,000.00 be transferred to Account No. S -322 designated as supplies, oil, by transferring it from the following account, to -wit: 2. One Thousand Dollars ($1,000.00) from Account S -321 both of said accounts being in the same category, to -wit: supplies, of the Street Department. /s/ Edwin Thomas Smith Member of the Common Council Councilman Geib made a motion for the adoption of the Resolution. Councilman Szymkowiak seconded the motion. Motion carried by a roll call vote of 9 ayes - 0 nays. There being no further business before the Council, Councilman Szymkowiak made a motion to adjourn. Councilman Wise seconded the motion, and Council adjourned at 10 :20 P.M. ATTEST: WITT APPROVED: PRESIDENT