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HomeMy WebLinkAbout07-29-65 Council Meeting MinutesREGULAR MEETING JULY 29, 1965 Be it remembered that the Common Council of the City of South Bend, Indiana, met in Regular Session in the C ouncil Chambers in the City Hall on Thursday, July 29, 1965, at 9:17 P.M., with all members present except Councilmen Glass and Muszynski). The meeting was called to order by President John L. Hunter Jr., who presided. President Hunter announced that Councilman Muszynski would be absent from the meeting due to illness and Councilman Glass is still critically ill. ROLL CALL PRESENT: Councilmen Hunter, Allen, Palmer, Wise, Geib, Szymkowiak and Smith. ABSENT: Councilmen Glass and Muszynski. PETITION Petition of Myron D. Walz, et al, to rezone West side of 3400 block So. Michigan St. from "B" Residence District and "A" Height and Area District to "C" Commercial District and "E" Height and Area District ". Councilman Szymkowiak made a motion that the petition be referred to the City Planning Commission. Councilman Allen seconded the motion. Motion carried. REGULAR MEETING JULY 29 1965 PETITION Petition of Council to annex 54.5 acres known as Jackson School property. Councilman Smith made a motion that the petition be referred to the City Planning Commission. Councilman Palmer seconded the motion. Motion carried. REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: July 29, 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: 29.84 acres, more or less, bounded on the East, North and South by the present city limits,on the West by Maple Road and lying between Cleveland Road and Lathrop). 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 Palmer seconded the motion. Motion carried. REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: July 29, 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: 167.79 acres, more or less, generally between Colfax Road and Toll Road and bounded on the East, South and West by present city limits and fronting_on Portage.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 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 29, 1965 APPROPRIATION Your Committee of the Whole to whom was referred "AN ORDINANCE FOR ADDITIONAL /FROM THE GENERAL PARK FUND IN THE AMOUNT OF TWO THOUSAND DOLLARS ($2,000.00) TO THE PARK DISTRICT FUND ". 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 Palmer seconded the motion. Motion carried. REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: July 29, 1965 Your Committee of the Whole to whom was referred "AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION FROM THE GENERAL FUND TO THE C -11, SERVICES -- PERSONAL ACCOUNT OF THE OFFICE OF CITY CLERK IN THE AMOUNT OF $1,550.20 ". Respectfully report that they have examined the matter and that in their opinion the ordinance, as amended, 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 Palmer seconded the motion. Motion carried. REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: July 29, 1965 Your Committee of the Whole to whom was referred "AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION FROM THE GENERAL FUND TO A NEW ACCOUNT F 261 OTHER CONTRACTUAL SERVICES OF THE COMMON COUNCIL IN THE AMOUNT OF $500.00 ". Respectfully report that they have examined the matter and that in their opinion the ordinance, as amended, go to the Council as unfavorable. /s/ Edwin Thomas Smith, Chairman Councilman Allen made a motion that the -report be accepted and placed on file. Councilman Palmer seconded the motion. Motion carried. REGULAR MEETING JULY 29 1965 REPORT OF COMMITTEE OF THE WHOLE TQ::thd Common Council of the City of South Bend: July 29, 1965 Your Committee of the Whole to whom was referred "AN ORDINANCE PROVIDING FOR THE REMOVAL OF WEEDS AND ESTABLISHID PENALTIES FOR FAILURE TO DO SO AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND SPECIFICALLY SECTIONS 16 -36, OF CHAPTER 16 OF THE MUNICIPAL CODE ". Respectfully report that they have examined the matter and that in their opinion this ordinance be continued for public hearing on August 9th, 1965. /s/ Edwin Thomas Smith, Chairman 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 29, 1965 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 1966 ". 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 Palmer seconded the motion. Motion carried. REPORT OF CITY PLANNING COMMISSION July 19, 1965 The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: The attached petition of William E. Dvorak, et al, to rezone from "B" Residential Use_and "B" Height and Area District to "C" Commercial Use and "B" Height and Area District the property generally described as the west side of Portage between Kinyon and BullaStreets and the east side of Portage between Kinyon and Queen Streets was legally advertised under date of June 21, 1965 and given public hearing on July 1, 1965. The following action was taken: After due consideration the Commission found that a compact commercial district exists to the south, that not all the presently commercially zoned land in the area is so used, and that granting would create more strip zoning. ft was therefore duly moved, seconded, and unanimously carried that the petition be recommended unfavorably to the Council. Very truly yours, CITY PLANNING COMMISSION Robert L. Huff cf /s/ Director of Planning RLH /cf- attach. REPORT OF CITY PLANNING COMMISSION July 20, 1965 The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: The attached petition of Robert Kober, et al, to change the Height and Area District of the property generally described as bounded by Lincoln Way East on the North, Miami Street on the West, the New York Central Railroad right -of -way on the South, and a driveway along the east boundary line of 1134 Lincoln Way East on the East side from "A" Height and Area District to "E" Height and Area District was legally advertised under date of June 21, 1965 and given public hearing on July 1, 1965. The following action was taken: After due consideration the Commission found that an "E" Height and Area District classification of the subject property would not be in the best interests of the community, would be contrary to the Future Land Use Plan of the community, and would permit intensity of lot usage and building placement which would be injurious to the surrounding neighborhood, as well as creating potential traffic hazards. It was therefore duly moved, seconded, and carried that the petition be recommended unfavorably to the Council. Very truly yours, CITY PLANNING COMMISSION Robert L. Huff cf /s/ Director of Planning RLH /cf attach. There being no objections the reports were accepted and placed on file. REGULAR MEETING JULY 29 1965 REPORT OF CITY PLANNING COMMISSION July 19, 1965 The Honorable Common Council City of South Bend South. Bend, Indiana Gentlemen: The attached petition of the City Planning Commission to rezone from "B" Residential Use and "C" Commercial Use EI and "A" and "D" Height and Area District to "A" Residential Use and "A" Height and Area District the property generally described as bounded on the North by Calvert Street, on the East by Grant Street, on the South by Ewing Avenue and the alley between Ewing and Highland Avenues was legally advertised under date of June 21, 1965 and given public hearing on July 1, 1965. The following action was taken: 1� After due consideration the Commission found that the proposed zoning would be in the best interest of the 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. Huff, cf /s/ Director of Planning RLH /cf Attach. REPORT OF CITY PLANNING COMMISSION July 19, 1965 The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: The attached petition of the City Planning Commission to rezone from "E" Heavy Industrial Use and "F" Height and Area District to "C" Commercial Use and "E" Height and Area District the property generally described as bounded on the north by Western Avenue, on the East by the alley east of Walnut Street, on the South by the first alley south of Western Avenue and on the west by the first alley West of Harris Street was legally advertised under date of June 21, 1965 and given public hearing on July 1, 1965. The following action was taken: After due consideration the Commission found that the proposed zoning would be in the best interest 6f the subject property. 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, cf /s/ '! Director of Planning RLH /cf attach. REPORT OF CITY PLANNING COMMISSION I' July 19, 1965 The Honorable Common Council City of South Bend' South Bend, Indiana Gentlemen: The attached petition of the City Planning Commission to rezone from "E" Heavy Industrial Use and "F" Height and Area District to "A -1" Residential Use and "A" Height and Area District the property generally described as a parcel of land located between Western Avenue on the North, the Grand Trunk Railroad right -of -way on the South, the alley East of Walnut on the East and the alley West of Harris Street on the West was legally advertised] under date of June 21, 1965 and given public hearing on July 1, 1965. The following action was taken: After due consideration the Commission found that the proposed zoning would help to preserve the existing character of the 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. Huff cf /s/ Director of Planning RLH /cf attach. There being no. objections the reports were accepted and placed on file. REGULAR MEETING JULY 29 1965 r REPORT OF CITY PLANNING COMMISSION July 19, 1965 The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: The attached petition of the City Planning Commission to rezone from 11B" Residential Use and "A" Residential Use the property generally described as bounded on the North by the New York Central Railroad, on the East by Robins and Sampson Streets, on the South by Calvert Street, and on the West by Twyckenham Drive was legally advertised under date of June 21, 1965 and given public hearing on July 1, 1965. 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 cf /s/ Director of Planning RLH /cf attach. REPORT OF CITY PLANNING COMMISSION July 19, 1965 The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: The attached ordinance, originated by the City Planning Commission, amending Ordinance No. 3702, the Zoning Ordinance of the City of South Bend, by the addition thereto of Section 17 -B, Off- Street parking, loading and unloading was legally advertised under date of June 21, 1965 and given public hearing on July 1, 1965. The following action was taken: After due consideration the Commission found that the proposed amendment would be in the best interest of the City. It was therefore-duly moved, seconded, and unanimously carried that the proposed ordinance be recommended favorably to the Council. Very truly yours, CITY PLANNING COMMISSION Robert L. Huff cf /s/ Director of Planning RLH /cf attach. There being no objections the reports were accepted and placed on file. ORDINANCE NO. 4779 - -65 AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LANDS. (29.84 acres, more or less, bounded on the east, north and south by the present city limits,on the west by Maple Road and lying between Cleveland Road and Lathrop). The ordinance was given third reading and passed by a roll call vote of 7 ayes - 2 absent (Councilmen Glass and Muszynski). ORDINANCE NO. 4780 - -65 AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LANDS. (167.79 acres, more or less, generally between Colfax Road and Toll Road and bounded on the east, south and west by present city limits and fronting on Portage Road). The ordinance was given third reading and passed by a roll call vote of 7 ayes - 2 absent (Councilmen Glass and Muszynski). ORDINANCE NO. 4781 - -65 AN ORDINANCE FOR ADDITIONAL APPROPRIATION FROM THE GENERAL PARK FUND IN THE AMOUNT OF TWO THOUSAND DOLLARS ($2,000.00) TO THE PARK DISTRICT FUND. z The ordinance was given third reading and passed by a roll call vote of 7 ayes - /absent (Councilmen Glass and Muszynski). REGULAR MEETING JULY 29, 1965 ORDINANCE NO. 4782 - -65 AN ORDINANCE FIXING MAXIMUM SALARIES OF APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE 1966. The ordinance was given third reading and passed by a roll call vote of 6 ayes,;l nay (Councilman Allen), 2 absent (Councilmen Glass and Muszynski). ORDINANCE AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION FROM THE GENERAL FUND TO THE C -11, SERVICES- PERSONAL ACCOUNT OF THE OFFICE OF CITY CLERK IN THE AMOUNT OF $1,550.20, AS AMENDED. The-ordinance' was given third reading. Before . the -vote wastallied,_Councilman,.Ge.ib changed his:vote from,aye to nay and moved for reconsideration of the.Ordinance for third reading on August 9, 1965 The result of'the vote was 4 ayes (Councilmen Hunter, Palmer, Wise and Szymkowiak), 3 nays (Councilmen Allen, Geib and Smith), 2 absent ORDINANCE (Councilmen Glass and Muszynski). AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION FROM THE GENERAL FUND TO A NEW ACCOUNT F -261 OTHER CONTRACTUAL SERVICES OF THE COMMON COUNCIL IN THE AMOUNT OF $500.00, AS AMENDED. Councilman Geib made a motion that the ordinance be reset for third reading on August 9th, 1965. Councilman Wise seconded the motion. Motion lost by a roll call vote of 3 ayes (Councilmen Hunter, Wise and Geib), 4 nays (Councilmen Allen, Palmer, Szymkowiak and Smith), 2 absent (Councilmen Glass and iquszynski). The ordinance was given third reading and lost by a roll call vote of 4 ayes (Councilmen Hunter, Wise, Geib and Szymkowiak), 3 nays (Councilmen Allen, Palmer and Smith), 2 absent (Councilmen Glass and Muszynski). ORDINANCE, FIRST & SECOND READING AN ORDINANCE ZONING AN ANNEXED TRACT NOW WITHIN AND A PART OF THE CITY OF SOUTH BEND, INDIANA. (Southeast corner of Portage and Kinyon Sts.) The ordinance was given first reading by title and second reading in full. Councilman Geib made a motion that the ordinance be tabled indefinitely. Councilman Allen seconded the motion. Motion carried. ORDINANCE, FIRST & SECOND READING AN ORDINANCE AMENDING ZONING ORDINANCE NO. 3702 OF THE CITY OF SOUTH BEND, AS AMENDED, FOR THE PURPOSE OF CHANGING THE ZONING CLASSIFICATION OF CERTAIN LAND SITUATED WITHIN THE CITY OF SOUTH BEND, INDIANA, FROM "A" HEIGHT AND AREA DISTRICT TO "E" HEIGHT AND AREA DISTRICT. (Southeast corner of intersection of Miami and Lincoln Way East covering 1114 through 1134 Lincoln Way East and 1232 through 1240 Miami). The ordinance was given first reading by title and second reading in full. Councilman Allen made a motion that the ordinance be tabled indefinitely. The motion died due to lack of second. Councilman Smith then made a motion that the ordinance be set for public hearing on August 9th, 1965. Councilman Palmer seconded the motion. Motion carried. ORDINANCE, FIRST & SECOND READING AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 (North by Calvert St., East by Grant St., South by Ewing Ave., and the alley between Ewing and Highland Aves.) 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 August 9th, 1965. Councilman Wise seconded the motion. Motion carried. ORDINANCE, FIRST & SECOND READING AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 (North by Western,East by alley East of Walnut, South by first alley South of Western, West by first alley West of Harris St.) The ordinance was given first reading by title and second reading in full. Councilman Palmer made a motion that the ordinance be set for public hearing on August 9th, 1965. Councilman Wise seconded the motion. Motion carried. ORDINANCE, FIRST'& SECOND READING AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 (Between Western Ave., Grand Trunk RR right -of -way, alley East of Walnut, and alley West of Harris St.) 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 August 9th, 1965. Councilman Smith seconded the motion. Motion carried. REGULAR MEETING JULY 29, 1965 ORDINANCE, FIRST & SECOND READING AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 (Bounded on North by N.Y. Central R.R., East by Robinson and Sampson Sts., South by Calvert and West by Twyckenham Drive) The ordinance was given first reading by title and second reading in full. Councilman Palmer made a motion that the ordinance be set for public hearing on August 9th, 1965. Councilman Wise seconded the motion. Motion carried. ORDINANCE, FIRST & SECOND READING AN ORDINANCE AMENDING ORDINANCE NO. 3702, COMMONLY KNOWN AS "THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA ". (Addition thereto of Section 17 -B, Off- Street Parking, Loading and Unloading) The ordinance was given first reading by title and second reading in full. Councilman Geib called for a one minute recess. 1 MINUTE RECESS - 10:05 P.M. RECONVENED MEETING - 10 :10 P.M. Councilman Smith made a motion that the ordinance be referred to the Legislative Committee for study. Councilman Geib seconded the motion. Motion carried. ORDINANCE, FIRST & SECOND READING AN ORDINANCE AMENDING CHAPTER 16, SECTION 28 OF ORDINANCE NO. 4608 -63, BEING THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1962, REVOKING ANY AND ALL PROVISIONS IN CONFLICT THEREOF. The ordinance was given first reading by title and second reading in full. Due to insufficient time for Notice of Public Hearing to appear in two newspapers, the ordinance was not advertised for public hearing on August 9th, 1965. ORDINANCE. FIRST & SECOND READING AN ORDINANCE APPROPRIATING $5,000.00 FOR THE USE BY THE STREET DEPARTMENT FOR EXPENSES IN CONNECTION WITH WEED REMOVAL; SAID $5,000.00 BEING PROCEEDS OF THE 1961 MUNICIPAL BOND ISSUE. The ordinance was given first reading by title and second reading in full. Due to insufficient time for Notice of Public Hearing to appear in two newspapers, the ordinance was not advertised for public hearing on August 9th, 1965. ORDINANCE, FIRST & SECOND READING AN ORDINANCE APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF ALL BUDGET OPERATED DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1966, AND ENDING DECEMBER 31, 1966, INCLUDING DEPARTMENTS, FUNDS AND COMMISSIONS FOR WHICH MONEY IS APPROPRIATED IN WHOLE OR IN PART, FROM FUNDS OTHER THAN THE GENERAL FUNDS, OF SAID CITY, TO- WIT: STREET, TRAFFIC AND PARK" DEPARTMENTS, FIREMEN'S PENSION AND POLICEMEN'S PENSION FUNDS, AND URBAN REDEVELOPMENT AND FAIR EMPLOY- MENT PRACTICES COMMISSIONS, BUILDING DEMOLITION, REPAIR AND CONTINGENT FUND, PARK DISTRICT FUND, GENERAL SINKING FUND, HOSPITAL FUND, ART ASSOCIATION FUND AND THE URBAN REDEVELOPMENT BOND FUND: PROVIDING THAT SUCH APPROPRIATIONS SHALL INCLUDE ALL OUTSTANDING CLAIMS AND OBLIGATIONS: FIXING THE SALARIES OF ALL CITY OFFICIALS AND EMPLOYEES, REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH: PROVIDING A TIME WHEN THE SAME SHALL TAKE EFFECT. 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 August 30th, 1965. Councilman Wise seconded the motion. Motion carried. ORDINANCE FIRST & SECOND READING AN ORDINANCE LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSE FOR THE FISCAL YEAR ENDING DECEMBER 31, 1966. 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 August 30th, 1965. Councilman Wise seconded the motion. Motion carried. RE n.AR JULY 29 1965 RESOLUTION NO. 104 - -65 WHEREAS, the City of South Bend is considering the construction of certain sewage works improvements. WHEREAS, pursuant to Public Law 660 Federal funds are avai -lable in the form of an outright grant for certain stream pollution abatements projects and, WHEREAS., it is believed that the major portion of the sewage works improvements proposed for the City of South Bend qualify for a Federal Grant, NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana. 1. That an application for a Federal Grant for Sewage Treatment Works construction be filed with the proper agencies. 2. That the President of the Board of Works of the City of South Bend be authorized to sign said application and such other documents as may be necessary including the Offer and Acceptance form. Passed and Adopted by the Common Council of the City of South Bend this 29th day of July, 1965. /s/ John L. Hunter Jr Resolution adopted by a roll call vote of 7 ayes - 2 absent (Councilmen Glass and Muszynski). NEW BUSINESS President Hunter instructed the Clerk to send a Resolution to the Honorable Mayor and Airs.. Jerome P. Cavanagh expressing thanks for the hospitality extended, to the officials while attending the National League of Cities in Detroit, Michigan. President Hunter announced that the Council will hold an informal public hearing of the proposed City Budget and Tax Levy of 1966 at the Public Library on August 16th, 1965 at 8:00 P.M. There being no further business before the Council, Councilman Wise made a motion to adjourn. Councilman Szymkowiak seconded the motion. Motion carried and Council adjourned at 10 :40 P.M. ATTEST: J CLERK APPROVED: J�' k , PRESIDENT 3Q A