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HomeMy WebLinkAbout02-08-65 Council Meeting MinutesREGULAR MEETING` FEBRUARY 8. 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, February 8, 1965, at 9:35 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. 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. J ) Meeting of January 25, 1965. /s/ John L. Hunter J. Janet.S -:Allen - ) Committee Richard G 4eib' ) Councilman Glass made a motion that the report be accepted and placed on file. Councilman Muszynski seconded the motion. Motion carried. 158 REGULAR MEETING FEBRUARY 8. 1965 PETITION Petition of Humble Oil Company to rezone a tract with,dimensions of 200 feet on Lincoln Way West by 139 feet on Ryer Street from "B" Residence District and "B" Height and Area District to "C" Commercial District and "B" Height and Area District. Councilman Smith made a motion that the petition be referred to the City Planning Commission. Councilman Szymkowiak seconded the motion. Motion carried. PETITION Petition of John T. Hartman and Virginia P. Crawford to rezone.a tract bounded on the North by Elwood Avenue, on the East by Iowa Street, on the South by Lincolnway West and on the West by the Oden R. Robertson property from "A" Residence District and "A" Height and Area District to "C" Commercial District and "B" Height and Area District. Councilman Glass made a motion that the petition be referred to the City Planning Commission. Councilman Geib seconded the motion. Motion carried. PETITION Petition of Jake and Rose Weingarten to rezone approximately 525 feet North of McKinley Highway on the West side of Hickory Road from "A" Residential and "A" Height and Area to "C -1" Commercial and "B" Height and Area District. Councilman Geib made a motion that the petition be referred to the City Planning Commission. Councilman Wise seconded the motion. Motion carried. REPORT OF ORDINANCE COMMITTEE To the Common Council of the City of South Bend: February 8, 1965 Your Committee on Ordinances to whom was referred the Curfew Ordinance, the Excavation Ordinance, the Landfill Ordinance and the Sidewalk Snow Removal Ordinance. Respectfully report that they have examined the matter and that in their opinion the curfew ordinance be amended in Section III to delete "and prosecuted" in the third line and on the fourth or last line delete "such persons" and insert --- juveniles--- ; the amendments proposed by Mr. DuComb be amended in paragraph 4 to refer to Section 35 -17 and in paragraph 5 to refer to Section 35 -19 and with these changes be adopted to amend the ordinance they refer to, and that the excavation ordinance be further amended in Section 35 -23 by deleting "eight dollars ($8.00)" and insert therefor -- -three dollars ($3.00) - - -; the landfill ordinance be redrafted by the city attorney in line with the amendments proposed by the ordinance committee on January 19, 1965 and revised February 2, 1965 in a meeting with Mr. DuComb; and finally that the sidewalk snow removal ordinance be sent to Mr. DuComb to see if there is a way it can be limited to certain areas of greater importance, i.e. downtown, school access walks adjacent major thoroughfares, etc. /s/ Richard G. Geib, Chairman There being no objections, the report was accepted and placed on file. .REPORT OF PARK DEPARTMENT The 1964 Annual Report of Park Department was filed. Councilman Glass made a motion that the report be accepted and placed on file. Councilman Muszynski seconded the motion. Motion carried. REPORT FROM SEWAGE TREATMENT PLANT The 7th Annual Report of Water Insurance Program was filed. Councilman Wise 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: February 8, 1965 Your Committee of the Whole to whom was referred "AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 ". (Location: 6 Lots fronting on West side of Bendix Drive between Lincoln Way West and Ardmore Trail). 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 seconded the motion. Motion carried. REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: February 8, 1965 Your Committee of the Whole to whom was referred "AN ORDINANCE AMENDING ORDINANCE NO. 3702 ADOPTED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ON THE 13TH DAY OF JUNE, 19499 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND ". (Location: Northwest corner of Bendix Drive and Ardmore Trail). 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 seconded the motion. Motion carried. REGULAR MEETING FEBRUARY 8, 1965 REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: February 8, 1965 159, 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 ". (Location: Tract of land on Hickory Road and McKinley Highway). 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 seconded the motion. Motion carried. REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: February 8, 1965 Your Committee of the Whole to whom was referred "AN ORDINANCE FOR ADDITIONAL APPROPRIATION IN THE GENERAL PARK FUND FOR $25,500.00 ". 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, Chairman Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Szymkowiak seconded REPORT OF COMMITTEE OF THE WHOLE (the motion. Motion carried. To the Common Council of the City of South Bend: February 8, 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 APPREHENSION 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 amended in Section III to delete "ard prosecuted" in the third line and on the fourth or last line delete "such persons" and insert "juveniles ", and the ordinance be reported to the Council as favorable, as amended. /s/ Edwin Thomas Smith, Chairman Councilman Smith made a motion that the report be accepted and placed on file. Councilman Geib second thhe 1 motion. Motion carried.by a roll call vote of 5 ayes (Councilmen Hunter, Allen, Palmer, Geib and Smit °; .4 nays WHOLE - REPORT OF COMMITTEE OF THE' (Councilmen Wise, Szymkowiak, Glass and Muszynski). To'-the Common Council of the City of South Bend: February 8, 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 the ordinance be tabled and the City Attorney redraft the ordinance with all amendments suggested by the Ordinance Committee and the Council to investigate second class cities to find out what method is used by them. /s/ Edwin Thomas Smith, Chairman Councilman Glass made a motion that the report be accepted and placed on file. Councilman Szymko4x'& seconded the motion. Motion carried by a roll call vote of 6 ayes (Councilmen Hunter, Allen,.Palmer, Wise, Hupzj►nzki'. and Glass), 3 nays (Councilmen Geib, Smith and Muszynski). REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: February 8, 1965 Your Committee of the Whole to whom was referred "AN ORDINANCE AMENDING CHAPTER 35, SECTION 5, OF ORDINANCE NO. 4608 -63, BEING THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1962, DESIGNATING AND CONSTITUTING THE VIOLATION OF SAID SECTION A MISDEMEANOR ". Respectfully report that they have examined the matter and that in their opinion the ordinance be returned to the City Attorney for redrafting. /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. REGULAR MEETING FEBRUARY 8 1965 REPORT OF COMMITTEE OF THE WHOLE To the Common Council -of the City of South Bend: February 8, 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 opiApN is ordinance be redrafted by the City Attorney in line with the amendments proposed by the Ordinance Committee on January 19, 1965 and revised February 2, 1965 in a meeting with the City Attorney. /s/ Edwin Thomas Smith, Chairman Councilman Geib made a motion that the report be accepted and placed on file. Councilman Muszynski seconded the motion. Motion carried. ORDINANCE N0. 4727 - -65 AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 (West side of Bendix Drive between Lincoln Way West & Ardmore Trail) The ordinance was given third reading and passed by a roll call vote of 9 ayes 0 nays. ORDINANCE NO. 4728 - -65 AN ORDINANCE AMENDING ORDINANCE N0, 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 Bendix Drive and Ardmore Trail) The ordinance was given third reading and passed by a roll call vote of 8 ayes (Councilmen Hunter, Palmer, Wise, Geib, Szymkowiak, Glass, Smith and Muszynski), 1 nay (Councilman Allen). ORDINANCE NO. 4729 - -65 AN ORDINANCE AMENDING ORDINANCE NO. 3702 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA. (West side of Hickory Road just North of McKinley Ave.) The ordinance was given third reading and passed by a roll call vote of 9 ayes - 0 nays. ORDINANCE N0. 4730 - -65 AN ORDINANCE FOR ADDITIONAL APPROPRIATION IN THE GENERAL PARK FUND FOR $25$00.00. The ordinance was given third reading and passed by a roll call vote of 9 ayes - 0 nays. ORDINANCE NO. 4731 - -65 AN ORDINANCE REGULATING THE PRESENCE OF MINORS UNDER THE FULL AGE OF EIGHTEEN (18) YEARS ON PUBLIC STREETS AND OTHER PUBLIC PLACES BETWEEN CERTAIN HOURS, WITH EXCEPTIONS. DEFINING RESPONSIBILITIES OF PARENTS OR GUARDIANS OR OTHER HAVING THE LEGAL CARE AND CUSTODY OF MINORS UNDER THE FULL AGE OF EIGHTEEN (18) YEARS AND PROVIDING FOR PENALTIES AND ARRESTS FOR VIOLATION THEREOF, DESCRI$'ING CERTAIN PROCEDURES IN THE APPREHENSION AND PROCESSING OF SUCH MINORS UNDER THE FULL AGE OF EIGHTEEN (18) YEARS AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, AS AMENDED. The ordinance, as amended, was given third reading and passed by a roll call vote of 5 ayes (Councilmen Hunter, Allen, Palmer, Geib and Smith), 4 nays (Councilmen Wise, Szymkowiak, Glass and Muszynski). UNFINISHED BUSINESS: The following was submitted to the Council by Councilman Allen: ITEM I. Last year the Council requested that all Petitions and papers pertaining to rezoning, carry a descriptive line at the top of the paper giving the "general description" of the property for quick identification. In very few instances has this been done. ITEM II. Copies of petitions and other business made by carbon or photo process are presented to the Council Members, so faintly reproduced as to be almost impossible to read. I therefore move that in both of these items, the Council authorize the Clerk to reject or refuse any papers presented to her office which do not: 1. Carry the general description of the property to be rezoned at the top of the 1st page. 2. Appear clearly and easily - readable. /s/ J. S. Allen 2/8/65 Councilman Allen made a motion for the scceptai2goof the report. Councilman Smith seconded the motion. Motion carried. 161 There being no further business before the C ouncil, Councilman Geib made a motion to adjourn, Councilman Muszynski seconded the motion. Motion carried and Council adjourned at 10:00 P.M. ATTEST: r SPECIAL MEETING APPROVED: PRESIDENT FEBRUARY 17, 1965 Be it remembered that the Common Council of the City of South Bend, Indiana, met in Special Session in the Council Chambers din Wednesday, February 17, 1965, at 4 :30 P.M., with all members present except Councilman Muszynski. The meeting was called to order by John L. Hunter Jr., President. The Clerk read the call for Special Meeting, as follows: STATE OF INDIANA ST. JOSEPH "COUNTY : SS CITY OF SOUTH BEND : CALL FOR SPECIAL MEETING To the City Clerk, President and Members of the Common Council of the City of South Bend, Indiana: Gentlemen: You are hereby notified that under and by virtue of the authority vested in me by law as MAYOR of the CITY OF SOUTH BEND, in the State of Indiana, a SPECIAL MEETING of the Common Council of said City is hereby called to meet in the Council Chambers, in the City Hall at the hour of 4 :30 P.M., this date, FEBRUARY 17, 1965, for the purpose of acting upon the following: 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. That said loan be in an amount not to exceed Seven Hundred Thousand (700,000Oq)Dollars. The Chief of Police or any--member of the Itolice Force is hereby directed to forthwith serve a copy of this notice on each and every member of the Common Council and make due return of such service of said Special Meeting to the City Clerk. Dated this 17th day of February, 1965. /s/ Lloyd M. Allen Lloyd M. Allen, Mayor (Seal) Countersigned Kathryn. L. Blough E.K. /s/ Kathryn L. Blough, City Clerk The within call came to hand this 17th day of February, 1965, which I served by reading the same to each Councilman, upon the date designated, as listed below: /s/ John Wise /s/ Walter Glass /s/ Janet S. Allen or by leaving a certified copy thereof at the last and usual place of residence of such members as I was unable to find, as follows: /s/ John Hunter (By copy) /s/ Albert Palmer (In mail box) /s/ Walter Szymkowiak (Delivered to Wife) /s/ Edwin Smith (Served copy on wife) /s /, Chester Muszynski (Left Copy) Richard Geib (Copy left w /wife) /s/ L. P. Pastrick, Robert T. Urgonski, Off. M. Storm #186 & Cpl. Donald A. Cornelis Members of the South Bend Police Department The call was unanimously accepted and placed on file. ROLL CALL PRESENT: Councilmen Hunter, Allen, Palmer, Wise, Geib, Szymkowiak, Glass and Smith. ABSENT: Councilman Muszynski. (Continued) CP S.ZE_CIAL -M--E _ FEBRUARY 17 1965 ORDINANCE W. 4732 - -65 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 Smith made a motion for suspension of rules. Councilman Palmer seconded the motion. Motion carried by a roll call vote of 8 ayes (Councilmen Hunter, Allen, Palmer, Wise, Geib, Szymkowiak, Glass and Smith), 1 absent (Councilman Muszynski). The Clerk then read the ordinance for thiti reading and it was passed by a roll call vote of 8 ayes (Councilmen Hunter, Allen, Palmer, Wise, Geib, Szymkowiak, Glass and Smith), 1 absent (Councilman Muszynski). There being no further business to come before the Special Meeting of the Council, Councilman Geib made a motion to adjourn. Councilman Allen seconded the motion. Motion carried and the Special Meeting of the Common Council adjourned at 4 :40 P.M. ATTEST: PRESIDENT = = = = = = = = = = = = = = = = = = = = = = = = = = = ik'.36 = = = = = = = = = = = = = = = = = = = = = = = = = =