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HomeMy WebLinkAbout01-25-65 Council Meeting MinutesREGULAR MEETING JANUARY 25, 1965 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, January 25, 1965, at 8 :40 P.M., with all members present except Councilman Geib. The Meeting was called to order by President John L. Hunter, who presided. ROLL CALL PRESENT: Councilmen Hunter, Allen, Palmer, Wise, Szymkowiak, Glass, Smith and Muszynski. ABSENT: Councilman Geib. REPORT OF COMMITTEE ON MINUTES 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. /s/ John L. Hunter Jr. ) Meeting of January 11, 1965. It Janet S. Allen ) Committee II Councilman Glass made a motion that the report be accepted and placed on file. Councilman Muszynski seconded the motion. Motion carried. COMMUNICATION Mr. John L. Hunter, Jr. c/o City Clerk City Hall South Bend, Indiana Dear John: As I must be in Washington, D.C. Monday, January 25 through Friday, January 29, I regretfully request to be excused from the Council meeting Monday, January 25, 1965. Attached are reports of the Ordinance Committee Meeting held Tuesday, January 19 on the curfew, excavation, landfill and sidewalk snow removal ordinances. Please see that they and this communication are placed on the agenda in my absence. Very truly yours, RGG /ph /s/ Richard G. Geib Att P.S. Please announce, in my absence, that the Ordinance Committee will meet February 2 at seven (7) P.M. to continue discussion on the Excavation Ordinance and the Sidewalk Snow Removal Ordinance. The public is invited in addition to the interested city officials. Councilman Muszynski made a motion that the communication be accepted and placed on file. Councilman Szymkowiak seconded the motion. Motion carried. REPORT OF ORDINANCE COMMITTEE To the Common Council of the City of South Bend: January 25, 1965 Your Commnittee on Ordinances to whom was referred AN ORDINANCE REGULATING THE PRESENCE OF MINORS UNDER THE FULL AGE OF EIGHTEEN (18) YEARS ON PUBLIC STREETS AND OTHER PUBLIC PLACES BETWEEN CERTAIN HOURS, ETC. Respectfully report that they have examined the matter, and. that in their opinion by a majority vote the Ordinance is favorable, providing it is amended to permit the schedle to change in the summer months between school semesters to the presently proposed week -end curfew schedule, and providing further.that the treatment and prosecution referred to in Section III be clearly detailed in the Ordinance. /s/ Richard G. Geib, Chairman Councilman Allen 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: January 25, 1965 Your Committee on Ordinances to whom was referred AN ORDINANCE REPEALING SECTIONS 16 TO 36_'INCLUSIVE OF CHAPTER 35 OF ORDINANCE NO. 4608 -63, BEING THE MUNICIPAL CODE OF THE CITY OF SOMM BEND, INDIANA, 1962, RELATING TO EXCAVATIONS AND OBSTRUCTIONS IN STREETS, ALLEYS, AND PUBLIC PLACES AND SUBSTITUTING NEW SECTIONS IN LIEU OF THOSE REPEALED. Respectfully report that they have.examined the matter and that in their opinion further study of the following points is necessary: 1. Amount of fees as to whether they are regulatory or revenue measures. 2. Whether the permit shofild list the contractor who will be repairing the cut�_for the applicant of a permit to do so. work. 3. Provisions in the ordinance which appear to require overlapping inspections of same 4. Time limit of 30 days to start repair from date of granting permit. 5. Special fees for cuts in parkway vs, street. 6. Means to shift burden of expense to person ;or firm at fault. (Continued) iiT.AR MEETING JANUAKI L:) 1707 REPORT OF ORDINANCE COMMITTEE (Continued) 7. If possible to isolate expense and obligations of firms and individuals. In view of the need for discussion of these points in greater detail, it is requested that the third reading of this ordinance be delayed, and if possible the public hearing continued to February 8, 1965 to allow this committee to again convene on February 2 at 7 P.M. to finalize this report. /s/ Richard G. Geib, Chairman Councilman Allen 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: January 25, 1965 Your Committee on Ordinances to whom was referred AN ORDINANCE REGULATING THE PUBLIC DISPOSAL OF GARBAGE AND RUBBISH OF ANY LAND WHICH IS SITUATED WITHIN THE CORPORATE LIMITS OF THE CITY OF SOUTH BEND, REQUIRING PERMITS AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF. Respectfully report that they have examined the matter and that in their opinion the ordinance is favorable as amended as follows: Section 1: Article 4; delete "cities" and insert - - -the city---. Article 11; after "burning" insert - - -in excess of 500 lb. per hour - - -. Insert a new Article 12; Business of Refuse Disposal is the operation of any refuse disposal system or method requiring a permit as provided by this ordinance whether or not the operation is for personal benefit or profit. Section 2: Article 2; delete "from the County Health Department" Article 2; second paragraph, delete "County Health Department" and insert -- -City of South Bend - - -; and after "permits? in line 2 insert - -- subject to Article 3, this section - - -; and in line 5 before "appropriate" insert -- -Board of Works of The City of South Bend and the - - -. Article 3; line 11, after "application" insert - - -by the health officer the City of South Bend shall collect a permit fee of $100.00 and - - -; delete "and receipt....Department ". Delete the last sentence of this article. Section 3: Article 1; in the last line after "permit" insert - - -by the health officer - - -; and in the last line of the 2nd paragraph after "Department" insert -- -and another copy shall be filed with the Board of Works of the City of South Bend - - -; plus delete the word "public" in the lst line of the 3rd paragraph and insert - -- refuse - - -. Section 4: Article 12; in the 1st line after "roads" insert -- -about the perimeter and adjacent the landfill operation and leading to the entrance gate - - -. Article 13; delete this article in its entirety and insert therefor —Scavenging will not be permitted. - - -. Section 5: Article 2; delete this article in its entirety and insert therefor -- Sites for" ".:incinerator operations shall be applied for in accordance with the procedure outlined by Section 2, Article 3 of this ordinance. Section 8: Article 1; place a period after "misdemeanor" and delete lines 3 through 11 and insert -- -Each day - -- before "after" on line 12. /s/ Richard G. Geib, Chairman Councilman Allen 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: January 25, 1965 Your Committee of the Whole to whom was referred "AN ORDINANCE REGULATING THE PRESENCE OF MINORS UNDER THE FULL AGE OF EIGHTEEN (18) YEARS ON PUBLIC STREETS AND OTHER PUBLIC PLACES BETWEEN CERTAIN HOURS, WITH EXCEPTIONS. DEFINING RESPONSIBILITIES OF PARENTS OR GUARDIANS OR OTHER HAVING THE LEGAL CARE AND CUSTODY OF MINORS UNDER THE FULL AGE OF EIGHTEEN (18) YEARS AND PROVIDING FOR PENALTIES AND ARREST FOR VIOLATION THEREOF, DESCRIBING CERTAIN PROCEDURES IN THE APpR=NSION AND PROCESSING OF SUCH MINORS UNDER THE FULL AGE OF EIGHTEEN (18) YEARS AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH ". Respectfully report that they have examined the matter and that in their opinion the ordinance be held over for further public hearing on February 8 ,1965. Edwin Thomas Smith, Chairman Councilman Allen made a motion that the report be accepted and placed on file. Councilman Smith seconded the motion. Motion carried. REGULAR MEETING. JANUARY 25 1965 REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: January 25, 1965 Your Committee of the Whole to whom was referred "AN ORDINANCE REPEALING SECTIONS 16 TO 36, INCLUSIVE, OF CHAPTER 35 OF ORDINANCE NO. 4608 - -63, BEING THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1962, RELATING TO EXCAVATIONS AND OBSTRUCTIONS IN STREETS, ALLEYS, AND PUBLIC PLACES AND SUBSTITUTING NEW SECTIONS IN LIEU OF THOSE REPEALED ". Respectfully report that they have examined the matter and that in their opinion this ordinance be continued for public hearing until February 8, 1965,. /s/ Edwin Thomas Smith, Chairman Councilman Allen made a motion that the report be accepted and placed on file. Councilman Smith seconded the motion. Motion carried. REPORT OF CONES OF THE WHOLE To the Common Council of the City of South Bend: January 25, 1965 Your Committee of the Whole to whom was referred "AN ORDINANCE REGULATING THE PUBLIC DISPOSAL OF GARBAGE AND RUBBISH OF ANY LAND WHICH IS SITUATED WITHIN THE CORPORATE LIMITS OF THE CITY OF SOUTH BEND, REQUIRING PERMITS AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF ". Respectfully report that they have examined the matter and that in their opinion this ordinance be referred back to the Ordinance Committee for further study. /s/ Edwin Thomas Smith, Chairman Councilman Allen made a motion that the report be accepted and placed on file. Councilman Smith seconded the motion. Motion carried. REPORT OF CITY PLANNING COMMISSION January 13, 1965 The Honorable Common Council j City of South Bend 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 "C" Commercial Use and "C" Height and Area District the six lots fronting on the west side of Bendix Drive between Lincoln Way West and Ardmore Trail was legally advertised under date of December 28, 1964 and given public hearing on January 7, 1965. 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 and the urban area. It was therefore duly moved, seconded, and carried (8 ayes, 1 nay) that the petition be recommended favorably to the Council. 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 Szymkowiak seconded the motion. Motion carried. REPORT OF CITY PLANNING COMMISSION January 13, 1965 The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: The attached petition of Clarence & Martha Dockery, et al, to rezone from "C -1" Commercial Use and "A" Height and Area District to "C" Commercial Use and "B" Height and Area District the property generally described as a rectangular parcel of land 120 feet North of the North right -of -way line of McKinley Avenue and baving-135 feet frontage on the west right -of -way line of Hickory Road was legally advertised under date of December 28, 1964 and given public hearing on January 7, 1965. 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, the neighborhood, and the community. It was therefore duly moved, seconded, and unanimously carried that the petition be recommended favorably to the Council. Very truly yours, CITY PLANNING CONIISSION RoberV:L. Huff, /s/ Director of Planning RLH /cf Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Szymkowiak seconded the motion. Motion carried. REG AR MEETING Jam una L &J, L 7 W J REPORT OF CITY PLANNING COMMISSION January 13, 1965 The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: The attached petition of William and Dorothy Krill to rezone from:"B" Residential Use and "B" Height and Area District to "C" Commercial Use and "C" Height and Area District the property generally described as the North- west corner of Ardmore Trail and Bendix Drive was legally advertised under date of October 26, 1964 and given public hearing on November 5, 1964. The following action was taken: After due consideration the Commission found that the, requested zoning would be in the best interest of 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. Ruff., /s/ Director of•Planning RIM /cf Councilman Szymkowiak made a motion that the report be accepted and placed on file. Councilman Palmer seconded the motion. Motion carried. ORDINANCE, FIRST & SECOND READING AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 (6 Lots fronting on West side of Bendix Drive between Lincoln Way West and Ardmore Trail) 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 February 8, 1965. Councilman Muszynski seconded the motion. Motion carried. ORDINANCE. FIRST & SECOND READING AN ORDINANCE AMENDING ORDINANCE NO. 3702 COMMONLY KNOWNAAS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (McKinley Avenue and Hickory Road) 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 February 8, 1965. Councilman Muszynski 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, INDIANA, ON THE 13TH DAY OF JUNE, 1949, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND.. (Northwest corner of Ardmore Trail and Bendix Drive) 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 February 8, 1965. Councilman Palmer seconded the motion. Motion carried. ORDINANCE NO. 4726 - -65 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE SOUTH BEND CITY WATER WORKS AND JORDAN MOTORS, INC., MISHAWAKA, INDIANA, FOR THE PURCHASE OF TWO FORD HALF TON VAN BODY TRUCKS AND TWO FORD HALF TON PICK -UP TRUCKS. IN THE SUM OF $6,602.04. 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. Motion carried by a roll call vote of 8 ayes - 0 nays - 1 absent (Councilman Geib). The ordinance was given third reading and passed by a roll call vote of 8 ayes - 0 nays - 1 absent (Councilman Geib). ORDINANCE. FIRST & SECOND READING AN ORDINANCE FOR ADDITIONAL APPROPRIATION IN THE GENERAL PARK FUND FOR $25,500.00. 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 bearing on February 8, 1965. Councilman Glass seconded the motion. Motion carried. REGULAR MEETING JANUARY 25 1965 RESOLUTION NO. 91 - -65 RESOLUTION ENDORSING THE NEED FOR THE EXPANSION OF THE INDIANA UNIVERSITY EXTENSION CENTER IN SOUTH BEND, INDIANA TO ,A 4 YEAR DEGREE GRANTING INSTITUTION UNDER THE ADMINISTRATION OF INDIANA UNIVERSITY. WHEREAS: The student cost of college level education is rapidly rising and, WHEREAS: The Common Council of the City of South Bend believes that the expansion of the Indiana University Extension Center in South Bend to a 4 year Degree Granting Institution will provide college level educational opportunities to a greater number of people at a substantial savings and that this would be beneficial to the entire North Central Section of Indiana and, WHEREAS: It is the opinion of the Common Council of the City of South Bend that the expansion of the Indiana University Extension Center in South Bend is a more practical, economical,and feasible method of providing a State supported Degree Granting Institution in the North Central area of Indiana in, -the forseeable future than any other suggested plan at this time. THEREFORE be it resolved and recorded that the South Bend Common Council endorses the program now being presented to the Indiana Legislature to provide sufficient monies for the purpose of expanding the South Bend Indiana University Extension Center to a 4 year Degree Granting Institution as part of Indiana University and, Be it further resolved that the Clerk forward a copy of this Resolution to all Legislators representing St. Joseph County in the present session of the Indiana Legislature and a copy of this Resolution to the Governor of Indiana. Passed by the South Bend Common Council this 25th day of January, 1965. /s/ John L. Hunter Jr. Councilman Wise made a motion for the adoption of the Resolution. Councilman Smith seconded the motion. Motion carried by a roll call vote of 8 -ayes - 0 nays - 1 absent (Councilman Geib). REGULAR MEETING jAnuani 6j. L7v' RESOLUTION NO. 92 - -65 R E S O L U T I O N WHEREAS, God in His Infinite Wisdom, has called from this life, STANLEY't. KORPAL, a former president of the Common Council, husband of Henrietta Korpal and Father of Mrs. Nancy Heironimus, and Mrs. Carol Sue Tavares, both of South Bend, WHEREAS, his untimely death has brought much grief and sorrow to his wife, Henrietta Korpal and to his two daughters, NOW, THEREFORE, BE IT RESOLVED: That we, the COMMON COUNCIL of the City of South Bend, do hereby extend to Mrs. Henrietta Korpal, and the entire family of Stanley C. Korpal, our sincere sympathy in this, their deepest hour of sorrow, and, BE IT FURTHER RESOLVED that a page be set aside in the COUNCIL records of the City of South Bend and this Resolution be copied therein and a copy duly certified by the Clerk be sent to his family. WALTER G. GLASS JOHN L. HUNTER JR. JANET S. ALLEN ALBERT E. PALMER WALTER M. SZYMKOWIAK EDWIN THOMAS SMITH RICHARD G. GEIB JOHN V. WISE CHESTER MUSZYNSKI ADOPTED by the COMMON COUNCIL of the City of South Bend, Indiana, this 25th day of January, 1965. KATHRYN L. BLOUGH Kathryn L. Blough, City Clerk APPROVED John L. Hunter Jr., President of the COMMON COUNCIL Councilman Muszynski made a motion for adoption of the Resolution. Councilman Szymkowiak seconded the motion. Resolution unanimously adopted. REGULAR MEETING """•""`•+ III I RESOLUTION N0. 93 - -65 RESOLUTION IN SUPPORT OF HOUSE OF REPRESENTATIVES BILL 1229 NOW PENDING BEFORE THE INDIANA STATE LEGISLATURE WHEREAS, the Common Council of the City of South Bend, Indiana, is aware of the fact that some two hundred (200) residents have been victimized by second mortgage operations carried on in the South Bend area; and WHEREAS, the Cr on Council is desirous of protecting the citizens of South Bend against those companies or individuals loaning money at usurious rates of interest; and WHEREAS, the Common Council has been advised that House of Representatives Bill 1229 would correct the abuses now prevalent in the second mortgage brokerage area and would put a stop to the usurious lending by which so many of our residents have been financially hurt. NOW THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, that we wish to make of record our strong support of House of Representatives Bill 1229, and urge its enactment by the Indiana State Legislature before which it is now pending. /s/ Edwin T. Smith Edwin T. Smith Member of Common Council Councilman Smith made a motion for the adoption of the Resolution. Councilman Wise seconded the motion. Motion carried b y a roll call vote of 8 ayes - 0 nays - 1 absent (Councilman Geib). II ii There being no further business before the Council Councilman Smith made a motion to adjourn. Councilman Maszynski seconded the motion. Motion carried and Council adjourned at 9:20 P.M. ATTEST: APPROVED: ?tit. CLERK PRESIDENT