Loading...
HomeMy WebLinkAbout05-10-65 Council Meeting MinutesJ! . REGULAR MEETING MAY_10, 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 <:May 10, 1965, at 9:27 P.M., with all members present except Councilmen Allen and Glass. The Meeting was called to order by President John L. Hunter Jr., who presided. ROLL CALL PRESENT: Councilmen Hunter, Palmer, Wise, Geib, Szymkowiak, Smith and Muszynski. ABSENT: Councilmen Allen and Glass. 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. Meeting of April 27, 1965. /s/ John L. Hunter Jr. ) Isl Janet S. Allen ) Committee /s/ Richard G. Geib ) Councilman Muszyp ski made a motion that the report be accepted and placed on file. Councilman Wise seconded the motion. Motion carried. REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: May 10, 1965 Your Committee of the Whole to whom was referred "AN ORDINANCE AMENDING ORDINANCE NO. 3702 COMMONLY KNOWN AS THE ZONING ORDINANCE ". (Location: 3401 Lincoln Way West). 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 Geib 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 0 To�thd Common Council of the City of South Bend: May 10, 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 ON THE 14TH DAY OF-JUNE, 1949, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA ". (Location: Northwest corner of Lincoln Way West and Iowa 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 Geib made a motion that the report be accepted and placed on file. Councilman Muszynski seconded the motion. Motion carried. 90 REGULAR MEETING MAY 10, 1965 REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: May 10, 1965 Your .Committee of the Whole to whom was referred "AN ORDINANCE AMENDING ORDINANCE NO. 3702 OF THE CITY OF SOUTH BEND, AS AMENDED, FOR THE PURPOSE OF CHANGING THE ZONING OF CERTAIN LAND SITUATED WITHIN THE CITY OF SOUTH BEND, INDIANA ". (Location: Southeast corner of intersection of Miami and Lincolnway East covering 1114 through 1134 Lincolnway East and 1232 through 1240 Miami). Respectfully report that they have examined the matter and that in their opinion this ordinance go to the Council as favorable. Is/ 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. REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend :. May 10, 1965 Your Committee of the Whole to whom was referred "ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 ". (Location: Southwest corner of Ryer St. and Lincoln Way West). Respectfully report that they have examined the matter and that in their opinion this ordinance be continued for public hearing until May 24th. /s/ Edwin Thomas Smith, Chairman Councilman Szymkowiak 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: May 10, 1965 Your Committee of the Whole to whom was referred "AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LANDS ". (Location: Rectangular parcel of land on east side of York Road commencing approximately 370 feet south of Jackson Road). 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 Geib made a motion that the report be accepted and placed on file. Councilman Muszynski seconded the motion. Motion carried. REPORT OF CAPITAL IMPROVEMENT COMMITTEE To-.�the.:Common Council of the City of South Bend: May.10, 1965 Your Committee on Capital. Improvements to whom was referred "A RESOLUTION APPROVING A CONTRACT BETWEEN THE SOUTH BEND CITY WATER WORKS AND THE SEWAGE DISPOSAL PLANT OF THE CITY OF SOUTH BEND AND ROBERT L. MILLER, AGENT FOR AN UNDISCLOSED PRINCIPAL, FOR FURNISHING OF WATER AND SEWAGE TREATMENT TO CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA ". Respectfully report that they have examined the matter and that in their opinion the Resolution be reported 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 Wise seconded the motion. Motion carried. ORDINANCE NO. 4751 - -65 AN ORDINANCE AMENDING ORDINANCE NO. 3702 COMMONLY KNOWN AS THE ZONING ORDINANCE (3401 Lincoln Way West) The ordinance was given third reading and passed by a roll call vote of 7 ayes - 0 nays - 2 absent (Councilmen Allen and Glass). ORDINANCE NO. 4752 - -65 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. (Northwest corner of Lincoln Way West and Iowa Street) The ordinance was giveiithird reading and passed by a roll call vote of 7 ayes - 0 nays - 2 absent (Councilmen Allen and Glass). REGULAR MEETING MAY 10, 1965 ORDINANCE N0, 4753 - -65 AN ORDINANCE AMENDING ZONING ORDINANCE NO. OF SOUTH BEND, AS AMENDED, FOR THE PURPOSE ZONING OF CERTAIN LAND SITUATED WITHIN THE INDIANA, (Southeast corner of intersection of Miami covering 1114 through 1134 Lincoln Way Ea, 1240 Miami) 3702 OF THE CITY OF CHANGING THE CITY OF SOUTH BEND, and Lincoln Way East et and 1232 through The ordinance was given third reading and passed by a roll call vote of 7 ayes - 0 nays - 2 absent (Councilmen Allen and Glass). ORDINANCE NO. 4754 - -65 AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LANDS. (Rectangular parcel of land on east side of York Road commencing approximately 370 feet south of Jackson Road) The ordinance was given third reading and passed by a roll call vote of 7 ayes - 0 nays - 2 absent (Councilmen Allen and Glass). ORDINANCE, FIRST & SECOND•READING AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS IN MUNICIPAL BONDS OF 1961 -- $25,614.76. 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 May 24th. Councilman Wise seconded the motion. Motion carried. ORDINANCE, FIRST & SECOND READING AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS IN MUNICIPAL BONDS OF 1962 -- $219,060.38. The ordinance was given first reading by title and second reading in full. Councilman Wise made a motion that the ordinance be set for public hearing on May 24th. Councilman Smith seconded the motion. Motion carried. RESOLUTION N0, 96 - -65 A RESOLUTION APPROVING A CONTRACT BETWEEN THE SOUTH BEND CITY WATER WORKS AND THE SEWAGE DISPOSAL PLANT OF THE CITY OF SOUTH BEND AND ROBERT L. MILLER, AGENT FOR AN UNDISCLOSED PRINCIPAL, FOR FURNISHING OF WATER AND SEWAGE TREATMENT TO CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. WHEREAS The Board of Water Works Commissioners and the Board of Sewage Commissioners deem it to be in the best interests of their respective facilities and to the City of South Bend to furnish water and sewage services to such an area in Clay Township as the corporation to be organized by the undisclosed principal may be authorized to serve. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, That the Contract entered into between the South Bend City Water Works and the Sewage Disposal Plant of the City of South Bend and Robert L. Miller, Agent for an undisclosed principal, on the 22nd day of March, 1965 for furnishing of water and sewage treatment to Clay Township, St. Joseph County, Indiana, is hereby approv6d and confirmed. /s/ John L. Hunter Jr. Member of the Common Council Resolution adopted by a roll call vote of 7 ayes - 0 nays - 2 absent (Councilmen Allen and Glass). UNFINISHED BUSINESS Councilman Muszynski asked City Attorney Robert J. DuComb whether he had sent letters to the railroads to repair their crossings, particularly the crossings at Prairie-and Kemble Avenues. Mr. DuComb stated he had sent the letters, but that he had not yet received replies. The Clerk was instructed to notify Richard Duck, Clerk of the Board of Public Works and Safety, to get an estimate) for repairing the public address system in the Council Chambers and report back to the Council. I Councilman Geib asked the Clerk to notify Mr. Joseph Fritsch, 2421 Erskine Blvd.; Mr. Frederick Link, Northern Indiana Public Service Co.; Mr. Warren E. McGill, Attorney, representing the Indiana and Michigan Electric Co., and the Indiana Bell Telephone Company that public hearing will be held on the proposed "Excavation Ordinance" at the next meeting of the Council on May 24th. 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 9:45 P.M. ATTEST: CLERK APPROVED: PRESIDENT rzzw COMMITTEE OF THE WHOLE MEETING MAY-24,-1965 Be it remembered that the Common Council of the City of South Bend, Indiana, met in the Committee of the Whole in the Council Chambers in the City Hall on Monday, May 24, 1965, at 8 :00 P.M., with all members present except Councilman Glass. The meeting was called to.order by Councilman Edwin Thomas Smith, Chairman, who presided. ORDINANCE ORDINANCE AMENDING,AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 (Southwest corner of Ryer St. and Lincoln Way West) This being the time heretofore set for public hearing on the above Ordinance, proponents and opponents were given an opportunity to be heard thereon. Speaking against the proposed Ordinance were Edwin Wroblewski, 3427 St. John' Way, and Emery Ryan, 3405 St. John's Way. Speaking in favor of the proposed Ordinance was Attorney Robert L. Miller, representing the petitioners. Councilman Hunter made a motion that the ordinance go to the Council as favorable. Councilman Geib seconded the motion. Chairman Smith called for a standing vote. Motion lost by a vote of 3 ayes (Councilmen'Hunter, Wise and Geib), 5 nays (Councilmen Allen, Palmer,S'mith, Szymkowiak and Muszynski). 5 MINUTE RECESS - 8 :40 P.M. RECONVENED MEETING - 8:45 P.M. ORDINANCE ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 (Southwest corner of Ryer St. and Lincoln Way West) Councilman.Szymkowiak made a motion that the ordinance go to the Council as unfavorable. Councilman Muszynski seconded the motion. Chairman Smith again called for a standing vote. Motion carried by a vote of 5 ayes (Councilmen Allen, Palmer,SMith, Szymkowiak and Muszynski), 3 nays (Councilmen Hunter, Wise and Geib). ORDINANCE AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS IN MUNICIPAL BONDS OF 1961 - $251,614.76. This being the time heretofore set for public hearing on the above Ordinance, proponents and opponents were/given an opportunity to be heard thereon, Councilman Palmer made a motion that the ordinance go to the Council as favorable. Councilman Muszynski seconded the motion. Motion carried. ORDINANCE AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS IN MUNICIPAL BONDS OF 1962 - $2193,060.38. This being the time heretofore set for public hearing on the above Ordinance, proponents and opponents were given an opportunity to be heard thereon. Councilman Wise made a motion that the ordinance go to the Council as favorable. Councilman Muszynski seconded the motion. Motion carried. ORDINANCE AN ORDINANCE REPEALING SECTIONS 16 TO 36, INCLUSIVE, OF CHAPTER 35 OF ORDINANCE N0, 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 REPEALEDt This being the time heretofore set for public hearing on the proposed Ordinance, proponents and opponents.were given an oppOrtunity,to be heard thereon. The Clerk read the suggested amendments to the ordinance. Councilman Allen recommended the following additional amendments to the suggested amendments: SECTION II, Article II, Division I, Definitions should be amended by deleting from line three of paragraph 4 the word "are" and inserting the word:' "is ". SECTION 35 -16 should be amended by deleting from line l-�-the word "excavations" and inserting the word "excavation ". SECTION 35 -17 should be amended by deleting from line 3 the word "lanterns" and inserting the word "light ". SECTION 35 -23 should be amended by deleting from line 4 the sum of "$6.00" and inserting the sum of "$5.00 ". SECTION 35 -32 should be amended by deleting from line l the word "light" and inserting the word "lights ". Councilman Geib made a motion to accept the additional amendments to the suggested amendments. Councilman Hunter seconded the motion. Motion carried. Those speaking against the proposed ordinance were Joseph Fritsch, spokesman for the Contractors; Frederick H. Link, Attorney for the Northern Indiana Public Service Company, and Warren McGill, Attorney for the Indiana and Michigan Electric Company. 5 MINUTE RECESS - 10:05 P.M. **** RECONVENED MEETING - 10:15 P.M. Councilman Geib 'then made a motion that SECTION 25 -33 of ordinance be amended to "SECTION 35 -33" to correct a. typographical error. SECTION III should be amended by adding a new "SECTION III" as follows: "It is hereby declared to be the intention of the Common Council that the sections, paragraphs, sentences, clauses, and phrases of this ordinance hereby adopted are severable, and if any phrase, clause,'sentence, paragraph or section of this ordinance hereby adopted shall be declared unconstitutional or'otherwise invalid by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remain- ing phrases, clauses, sentences, paragraphs and sections of this ordinance hereby adopted ". SECTION III of ordinance should be amended to "SECTION IV ". Councilman Hunter seconded the motion. Motion carried. There being no further business before the Committee of the Whole, Councilman Muszynski made a motion to adjourn. Councilman Wise seconded the motion. Motion carried and Committee of the Whole Meeting adjourned at 10:30 P.M. ATTEST: i APPROVED: CHAIRMAN