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HomeMy WebLinkAbout02-14-66 Council Meeting MinutesREGULAR MEETING VVBRUAR y 14, 1Q66 REGULAR MEETING Be it remembered that the Common Council of the City of South Bend, Indiana, met in Regular Session in the Council Chambers at City Hall, on Monday, February 14, 1966 at 8:00 P.M. All members were present, except Councilman Palmer who was out of the city on business. The meeting was Called to order by President John L. Hunter, who presided. ROLL CALL PRESENT: Councilmen Hunter, Allen, Wise, Geib Szymkowiak, Laven, Smith and Muszynski ABSENT: Councilman Palmer 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 there- fore recommend that the same be approved. /s/ John L. Hunter, Jr. Js/ Janet S. Allen /s/ Albert E. Palmer Meeting of January 24, 1966 The report was unanimously accepted by the Council, and placed on file. PETITION PETITION TO AMEND ZONING ORDINANCE We, the undersigned, do hereby respectfully make application and petition the Common Council of the City of South Bend, Indiana to amend the zoning ordinance of the City of South Bend as hereinafter requested, and in support of this application, the following facts are shown: 1. The property sought to be rezoned is located at what is commonly described as 1138 Lincoln Way East, South Bend, Indiana, which property consists of a tract of land 58 feet in frontage along Lincoln Way East and 270.2 feet, more or less extending to an alleyway adjacent to the New York Central right of way. 2. The property is owned by Vita F. Earll and is being purchased on Land Contract by Roy E. Douthitt. 3. A legal description of the property is as follows: A lot or parcel of land 58 feet in width taken off of and from the entire length of the Easterly side of Lot Numbered 18 and the following parcel of land off of the East end of Lot Lettered "AA" and Lots Numbered 31 and 32, to -wit: Beginning at the Southeasterly corner of said Lot Numbered 18; thence Southerly with the East line of Lot "AA" and Lots Numbered 31 and 32, to the Northerly line of Lot Numbered 27; thence Westerly with said line 56 feet to the Southeasterly corner of land heretofore conveyed by Jacob Leer to Franklin J. Hecker and wife; thence Northerly on a line with said Hecker lot to the Southerly line of Lot Numbered 18; thence Easterly along the Southerly line of said Lot Numbered 18, 58 feet to the place of beginning. 4. It is desired and requested that the foregoing property be rezoned: From "A" Residence Use and "A" Height and Area District To "C" Commercial Use and "D" Height and Area District 5. It is proposed that the property will be put to the following use and the following building will be constructed. If the rezoning is granted, it is the intention of the petitioners to remove the existing residence and to construct in its place a one story structure to house a commercial use permitted under a commercial district (it is specifically intended to be used for an office equipment retail outlet). It is the intention of the petitioners to construct the said structure as an extension of an existing commercial building presently being erected immediately to the west of the subject property in such a manner that upon its completion it shall become an integral part of and be connected to such building presently being constructed. 6. Number of off street parking spaces to be provided will be a minimum of 15. 7. Attached is a copy of: a) the plot plan showing my property and other surrounding properties: b.) names and addresses of all the individuals, firms or corporations owning property within 300 feet of the property sought to be rezoned. /s/ Vita F. Earll - 1138 Lincoln Way East Signature of Petitioner /s/ Roy E. Douthitt - 125 North Woodhill Lane Signature of Petitioner Councilman Allen made a motion that the petition be referred to the Area Plan Commission. Councilman Laven seconded the motion. Motion carried. PAM REPORT OF COMMITTEE OF THE WHOLE To.the Common Council of the City of South Bend: Your Committee of the Whole, to whom was referred "AN ORDINANCE AMENDING CHAPTER 40, SECTION 40 -8 (a) OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA." Respectfully report that they have examined the matter and that in their opinion the Ordinance go to the Council as favorable. /s/ Edwin Thomas Smith, Chairman There being no objections, the report was accepted and placed on file. REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: Your Committee of the Whole, to whom was referred "AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS IN THE (1) MUNICIPAL BONDS OF 1961 -- $6'469.48;'(2) MUNICIPAL BONDS OF 1962 -- $151,667.68 AND (3) MUNICIPAL BONDS OF 1965 -- $1,403,558.17." Respectfully report that they have examined the matter and that in their opinion the Ordinance go to the Council as favorable. /s/ Edwin Thomas Smith, Chairman There being no objections, the report was accepted and placed on file. REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: Your Committee of the Whole, to whom was referred "AN ORDINANCE TO CREATE AN INDUSTRIAL DEVELOPMENT FUND AND TO APPROPRIATE $100,000.00 OUT OF SAID FUND FOR THE CONSTRUCTION OF MUNICIPAL IMPROVEMENTS" Respectfully report that they have examined the matter and that in their opinion the Ordinance go to the Council as favorable. /s/ Edwin Thomas Smith, Chairman There being no objections, the report was accepted and placed on file. REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: Your Committee of the Whole, to whom was referred "AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION FROM THE MOTOR VEHICLE HIGHWAY FUND IN THE AMOUNT OF $407,971.29 TO A SPECIAL STREET CONSTRUCTION ACCOUNT. Respectfully report that they have examined the matter and that in their opinion the Ordinance go to the Council as favorable. /s/ Edwin Thomas Smith, Chairman There being no ©bJections, the report was accepted and placed on file. REPORT OF COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: Your Committee of the Whole, to whom was referred "AN ORDINANCE TO CREATE A CUMULATIVE CAPITAL IMPROVEMENT FUND." Respectfully report that they have examined the matter and that in their opinion the Ordinance go to the Council as favorable. /s/ Edwin Thomas Smith, Chairman There being no objections, the report was accepted and placed on file. REPORT OF COMMITTEE ON ANNEXATION To the Common Council of the City of South Bend: Your Committee on Annexation to whom was referred ORDINANCE NO. 4803 -65 - ANNEXATION OF LAND IN GENERAL INCLUDING CREST MANOR SUBDIVISION, 4 -H FAIRGROUND AND WSBT PROPERTY. Respectfully report that they have examined the matter and that in their opinion this Ordinance should be repealed. /s/ Richard G. Geib, Chairman The report was accepted as read, and placed on file. ME Z Do DV is ln�m REPORT OF AREA PLAN COMMISSION January 4, 1966 The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: The attached rezoning petition of'Frank J. and Gaylene A. Coussens, et al, was legally advertised under date of December 11, 1965 and given public hearing on December 21, 1965.. The following action was taken: After due consideration it was moved by Mr. Taylor, seconded by Mr. Wise and unanimously carried that the petition be recommended unfavorably to the Council. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the excerpts of the minutes attached hereto and made a part of this report. Very truly yours, /s/ John K. Wilson Executive Director The report was accepted and placed on file. REPORT OF AREA PLAN COMMISSION January 26, 1966 The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: The attached rezoning petition of Homestead Developers, Inc., et al, was legally advertised under date of January 8, 1966 and given public hearing on January 18, 1966. The following action was taken: After due consideration it was moved by Mr. Sharp, seconded by Dr. Huys and unanimously carried that the petition be recommended unfavorably to the Council. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the excerpts of the minutes attached hereto and made a part of this report. Very truly yours, Js/ John K. Wilson Executive Director. The report was accepted and placed on file. ORDINANCES, THIRD READING ORDINANCE NO. 4828 -66 AN ORDINANCE AMENDING CHAPTER 40, SECTION 40 -8 (a) OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA The Ordinance was given third reading and passed by a roll call vote of 8 ayes, 0 nays, 1 absent (Council- man Palmer) ORDINANCE NO. 4829 -66 AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS IN THE (1) MUNICIPAL BONDS OF 1961 -- $6,469.48; (2) MUNICIPAL BONDS OF 1962 -- $151,667.68 AND (3) MUNICIPAL BONDS OF 1965 -- $1,403,558.17 The Ordinance was given third reading and passed by a roll call vote of 8 ayes, 0 nays, 1 absent (Councilman Palmer) ORDINANCE NO. 4830 -66 AN ORDINANCE TO CREATE AN INDUSTRIAL DEVELOPMENT FUND AND TO APPROPRIATE $100,000.00 OUT OF SAID FUND FOR THE CONSTRUCTION OF MUNICIPAL IMPROVEMENTS The Ordinance was given third reading and passed by a roll call vote of 8 ayes, 0 nays, 1 absent (Councilman Palmer) REGULAR MEETING FEBRUARY 14, 1 ORDINANCES, THIRD READING ORDINANCE NO. 4831 -66 AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION FROM THE MOTOR VEHICLE HIGHWAY FUND IN THE AMOUNT OF $407,971.29 TO A SPECIAL STREET CONSTRUCTION ACCOUNT. The Ordinance was given third reading and passed by.a roll call vote of 8 ayes, 0 nays, 1 absent (Councilman Palmer) ORDINANCE NO. 4832-66 AN ORDINANCE TO CREATE A CUMULATIVE CAPITAL IMPROVEMENT FUND. The Ordinance was given third reading and.passed by-a roll call vote of 8 ayes, 0 nays, 1 absent (Councilman Palmer). ORDINANCES, FIRST AND SECOND READING AN ORDINANCE AMENDING ORDINANCE NO. 3702 ADOPTED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, COMMONLY KNOWN AS THE ZONING ORDINANCE (Location: Southeast Corner of McKinley Ave. and Eddy Street) 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 February 28, 1966. Councilman Wise seconded the motion. Motion carried. ORDINANCES, FIRST AND SECOND READING AN ORDINANCE AMENDING ARTICLE I, SECTION 19 -6, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1962, THE SAME PERTAINING TO HOTELS, LODGING HOUSES AND ROOMING HOUSES AND THE RIGHT OF THE ENTRY OF INSPECTORS. 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 February 28, 1966. Councilman Allen seconded the motion. Motion carried. ORDINANCES, FIRST AND SECOND READING ORDINANCE NO. 4833 -66 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 Smith seconded the motion. Motion carried by a roll call vote of 8 ayes, 0 nays, 1 absent (Councilman Palmer). This being the time for public hearing, proponents and opponents were given an opportunity to speak thereon. Speaking in favor of the Ordinance was Mr. James A. Bickel, City Controller. The Ordinance was then given third reading and passed by a roll call vote of 8 ayes, 0 nays, 1 absent (Councilman Palmer). ORDINANCES, FIRST AND SECOND READING AN ORDINANCE TO REPEAL ORDINANCE NO. 4803 -65 (Southeast Annexation) 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 February 28, 1966. Councilman Geib seconded the motion. Motion carried. ORDINANCES, FIRST AND SECOND READING A1+.ORDINANCE REPEALING CHAPTER 36 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1962, RELATING TO TAXICABS AND OTHER VEHICLES: AND ENACTING AN ORDINANCE REGULATING TAXICABS AND OTHER VEHICLES: LICENSING TAXI- CABS AND TAXICAB DRIVERS: - PROVIDING FOR TAXICAB STANDS ON THE PUBLIC STREETS: PROVIDING PENALTIES FOR THE VIOLATION THEREOF. 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 February 28, 1966. Councilman Smith seconded the motion. Motion carried. 1 A„ M NEW BUSINESS Mr. Szymkowiak requested that a study be made by the Board of Public Works and Safety of the railroad crossing at Sample and Olive St. City Attorney, Robert J. DuComb, stated that the most recent study made of this problem, revealed elevation of the streets to be the best possible solution. However, the high cost of such a venture would prohibit the Council from acting on such a measure at this time. Councilman Geib then asked the City Attorney, Mr. Robert J. DuGomb to investigate the difference in milk prices in various cities throughout the state. OLD BUSINESS Councilman Allen requested that the Legislative Committee complete any changes they may have on an ordinance concerning alcoholic beverages, which was referred to them on September 27, 1865. President Hunter instructed Councilman Smith, Chairman of the Legislative Committee to meet with committee members and prepare the ordinance for the Council floor. There being no further business before the Council, Councilman Wise made a motion that the meeting be adjourned. Councilman Laven seconded the motion. .Motion carried and Council adjourned at 10:08 P.M. ATTEST: s APPROVED: IDENT