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HomeMy WebLinkAbout04-25-66 Council Meeting MinutesS. REGULAR MEETING APRIL 25, 1966 Be it remembered that the Common Council of the City of South Bend, Indiana, met in the Council Chambers of City Hall in Regular session, on Monday, April 25, 1966 at 8:50 P.M. All-.members were present, except Councilman Muszynski. The meeting was called to order by President John L. Hunter, Jr., who presided. ROLL CALL PRESENT: Councilmen Hunter, Allen, Palmer, Wise, Geib, Szymkowiak, Laven and Smith. ABSENT: Councilman Muszynski 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. /s/ Janet S. Allen /s/ Albert E. Palmer Meeting of April 11, 1966 There being no objections, the minutes were accepted as read, and placed on file. REPORT OF COMMITTEE OF THE _WHOLE Your Committee of the Whole, to whom was referred "AN ORDINANCE REPEALING SUB- SECTION (b) OF SECTION ONE (1) OF ORDINANCE NO. 3964 BEING AN ORDINANCE FIXING THE SCHEDULE OR RATES AND CHARGES TO BE COLLECTED BY THE CITY OF SOUTH BEND FROM THE OWNERS OF PROPERTY SERVED BY THE SEWAGE DISPOSAL WORKS OF SAID CITY AND OTHER MATTERS CONNECTED THEREWITH; AND SUBSTITUTING A NEW SUB - PARAGRAPH (b) IN SAID SECTION ONE (1) IN LIEU THEREOF" 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 There being no objections, the report was accepted as read. REPORT OF COMMITTEE OF THE;WHOLE Your Committee of the Whole, to whom was referred "AN ORDINANCE REGULATING THE PUBLIC DISPOSAL OF GARBAGE AND RUBBISH ON ANY LAND WHICH IS SITUATED WITHIN THE CORPORATE LIMITS OF THE CITY OF SOUTH BEND, INDIANA, REQUIRING PERMITS AND LICENSES AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF." Respectfully report that they have examined the matter and that in their opinion this Ordinance go to the Council favorable, as amended. /s/ Edwin Thomas Smith, Chairman There being no objections, the report was accepted as read. REPORT OF COMMITTEE OF THE WHOLE Your Committee of the Whole, to whom was referred "AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS FROM THE GENERAL FUND TO THE SANITATION DEPARTMENT IN THE AMOUNTS OF $7,750.00 TO ACCOUNT XX 715 "BUILDINGS, STRUCTURES AND IMPROVEMENTS ", AND $1,650.00 TO ACCOUNT XX 73, "LAND ". Respectfully report that they have examined the matter and that in their opinion this Ordinance go.to the Council favorable, as amended. /s/ Edwin Thomas Smith, Chairman There being no objections, the report was accepted as read. REGULAR MEETING APRIL 25, 1966 REPORT OF AREA PLAN COMMISSION April 20, 1966 The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: The attached rezoning petition of A. Harold Weber, Inc. was legally advertised under date of April 9, 1966 and given public hearing on April 19, 1966. The following action was taken: After due consideration it was moved by Mr. Lehman, seconded by Mr. Helvie and carried that the rezoning ordinance and site development plan be recommended favorably to the Common Council. The deliberations of the Area Plan Commission and points considered by the Commission 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/ Howard Bellinger Principal Planner The report was accepted as read. REPORT OF AREA PLAN COMMISSION April 20, 1966 The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: The attached rezoning petition of Robert M. Jones was legally advertised under date of April 9, 1966 and given public hearing on April 19, 1966. The following action was taken: After due consideration it was moved by Mr. Taylor, seconded by Mr. Helvie and unanimously carried that the rezoning ordinance and site development plan be recommended favorably to the Common 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 - Secretary The report was accepted as read. PETITION We, the undersigned, do hereby respectfully make application and petition the Common Council of the City of South Bend to amend the zoning Ordinance of the City of South Bend, Indiana, as hereinafter requested, and in support of this application, the following facts are shown: 1. The property sought to be rezoned is located North: :an&West_..of. the corner of Edison and Ironwood, at approximately 660 feet North of Edison and Ironwood. The property is composed of 4k acres, more or less, and lies 290 feet West of Ironwood. 2. The property is owned by Belleville Lumber and Supply Co., and Investment Real Estate, Inc., purchasing a portion on Land Contract from Charles C. Furnish and Gayle A.M. Furnish, 3302 Indiana Ave., Forte Wayne, Indiana 3. A legal description of the property is as follows: A lot or parcel of land a part of the Southeast Quarter of the Southeast quarter of Section 31, Township 38 North, Range 3 East, Clay Township, South Bend, Indiana, described as follows: viz: Beginning at a point (660.9) feet North and (330) feet West of the Southeast corner of the Southeast - Quarter of-the Southeast Quarter Section 31, to place of beginning for description; thence West (262.5) feet to the East line of Rosemary Lane; thence North along said East line (191.95) feet to the South line of Charles St.; thence West (67.5) feet; thence North (470.8) feet to the North line of the said Southeast Quarter of the Southeast Quarter; thence East (330.5) feet along said North line to a point (330) feet West of the East line of the said Southeast Quarter of the Southeast Quarter; thence South (660.9) feet, more or less, to place of beginning. 4. It is desired and requested that the foregoing property be rezoned: Use From "A" Residential /and "A" Height and Area District To "C" Commerical Use and "D" Height and Area District 5. It is proposed that the property will be put to the following use and the following buildings will be constructed. Commercial lot sales will be made but restricted to the following uses; Office and office buildings General service establishments, Printing, Broadcasting Advertising Specialties Private Clubs or Lodges Nursing, Convalescent, Rest Homes, Health Homes and Institutions REGULAR MEETING APRIL 25, 1966 PETITION (Continued) Retail Stores, or Personal Service Establishments Libraries or Postal Sub - stations ;Funeral". Homes or Mortuaries Contracting Firms (with stock entirely housed) 6. Number of off street parking spaces to be provided: As specified by Section 17 -B of City Ordinance No. 3702. Curb cuts to be installed prior to sale of lots as shown on attached rezoning plat. /s/ Paul D. Hass, President Investment Real Estate, Inc. Signature of Petitioner /s/ Paul D. Hass, President 129 Dixie Way, South Bend, Indiana Signature of Petitioner /s/ Charles C. Furnish Signature of Petitioner /s/ Gayle A.M. Furnish -3302 Indiana Ave., Fort Wayne, Indiana Councilman Allen made a motion that the petition be referred to the Area Plan Commission. Councilman Palmer seconded the motion. Motion carried. ORDINANCES,THIRD READING ORDINANCE NO. 4844 -66 AN ORDINANCE REPEALING SUB- SECTION (b)OF SECTION ONE (1) OF ORDINANCE NO. 3964 BEING AN ORDINANCE FIXING THE SCHEDULE OR RATES AND CHARGES TO BE COLLECTED BY THE CITY.OF SOUTH BEND FROM THE OWNERS OF PROPERTY SERVED BY THE SEWAGE DISPOSAL WORKS OF SAID CITY AND OTHER MATTERS CONNECTED THEREWITH; AND SUBSTITUTING A NEW SUB - PARAGRAPH (b) IN SAID SECTION ONE (1) IN LIEU THEREOF. The Ordinance was given third reading and passed by a roll call vote of 7 ayes (Councilmen Hunter, Allen, Palmer, Wise, Geib, Laven and Smith, 1 nay (Councilman Szymkowiak), 1 absent (Councilman Muszynski) ORDINANCE NO. 4845 -66 AN ORDINANCE REGULATING THE PUBLIC DISPOSAL OF GARBAGE AND RUBBISH ON ANY LAND WHICH IS SIT- UATED WITHIN THE CORPORATE LIMITS OF THE CITY OF SOUTH BEND, INDIANA, REQUIRING PERMITS AND LICENSES AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF. The Ordinance was given third reading and passed by a roll call vote of 8 ayes, 0 nays, 1 absent (Councilman Muszynski). ORDINANCE NO. 4846 -66 AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS FROM THE GENERAL FUND TO THE SANITATION.DEPARTMENT IN THE AMOUNTS OF $7,750.00 TO ACCOUNT XX 71, "BUILDINGS, STRUCTURES AND IMPROVEMENTS ", AND $1,750.00 TO ACCOUNT XX 73, "LAND ". The Ordinance was given third reading and passed by a roll call vote of 8 ayes, 0 nays, 1 absent (Councilman Muszynski). ORDINANCES, FIRST AND SECOND READING AN ORDINANCE AMENDING CHAPTER 40, SECTION 40 -14 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1962, ALSO KNOWN AS ORDINANCE NUMBER 3702, ADOPTED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ON THE 14th DAY OF OCTOBER, 1963, AND KNOWN AS.'THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND. (Location: 800 Block N. Twyckenham) 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 May 9, 1966. Councilman Szymkowiak seconded the motion. Councilman Smith then withdrew his motion, and made a motion that the Ordinance be given public hearing on May 25, 1966. Councilman Szymkowiak seconded the motion. Motion carried. ORDINANCES, FIRST AND SECOND READING ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA (Location: 3409 E. McKinley) 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 May 9, 1966. Councilman Szymkowiak seconded the motion. Motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $2,000.00 FROM THE GENERAL FUND FOR THE USE OF THE BOARD OF PUBLIC WORKS AND SAFETY IN CONNECTION WITH THE SESQUI- CENTENNIAL CELEBRATION OF THE STATEHOOD OF INDIANA. 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 May 9, 1966. Councilman Laven seconded the motion. Motion carried. ORDINANCE AN ORDINANCE APPROPRIATING $233,000.00 OF THE CUMULATIVE CAPITAL IMPROVEMENT FUND OF THE CITY OF SOUTH BEND, INDIANA FOR VARIOUS CAPITAL IMPROVEMENTS. The Ordinance was given first reading by title and second reading in full. Councilman Geib made a motion that the Ordinance be sent to the Capital Improvement Committee, and -- that:' the. Ordinance: -:be. Fepbrted out of_t.oanttea and be set for public hearing May 9, 1966:._ Councilman Smith seconded the motion. Motion lost 7 nay, 1 aye (Counc -fiman Geib) 1 absent (Councilman Muszynski). Councilman Geib made a motion that the Ordinance be set for public hearing May 23, 1966. Councilman Palmer seconded the motion. Motion lost 3 ayes, (Councilmen Palmer, Geib and Szymkowiak) 4 nays (Councilmen Hunter, Allen Smith and Wise) 1 absent (Councilman Muszynski). Councilman Allen made a motion that the Ordinance be set for public hearing May 9, 1966. Councilman Wise seconded the motion. Motion carried 7 ayes (Councilmen Allen, Palmer Wise, Geib, Szymkowiak, Laven and - Smith) 1 nay (Councilman Hunter) 1 absent (Councilman Muszynski) ORDINANCE AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY ,LIMITS OF SOUTH BEND, INDIANA,'CERTAIN LANDS: (Location: A tract of land on Edison Rd., also known as Elwood Ave., between Woodland and Meadowview). 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 May 9, 1966. Councilman Palmer seconded the motion. Motion carried. RESOLUTION NO. 131 -66 WHEREAS, GOD, in His Infinite Wisdom, has called from this life, WALTER C. ERLER, SR., former COUNCILMAN, Husband of, EDNA ERLER, Father of WALTER ERLER, JR., MRS. JOHN BLAIR WARNER AND MRS. CARL MATTES, WHEREAS, His untimely death has brought much grief and sorrow to his wife, EDNA ERLER,'his Son and Daughters, NOW, THEREFORE, BE IT RESOLVED: That we, the COMMON COUNCIL OF THE CITY OF SOUTH BEND, do hereby extend to MRS. EDNA ERLER, our sincere sympathy in this 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 CITY CLERK be sent to his family. /s/ Richard_ G. Geib Councilman, First District /s/ Edwin Thomas Smith Councilman, Fifth District /s/ Janet S. Allen Councilman -At -Large /s/ Albert E. Palmer Councilman -At -Large /s/ John V. Wise Councilman -At -Large The Resolution was unanimously adopted. /s/ Walter M. Szymkowiak Councilman, Second District J,s/ John L. Hunter, Jr. Councilman, Fourth District /s/ Chester Muszynski Councilman, Sixth District /s/ Robert_ 0._ Laven Councilman, Third District /s/ Kathryn L. Blough, City Clerk NEW BUSINESS Councilman Laven announced that there have been several dogs reported running loose in his district. He then read a section of the Municipal Code, Chapter 5, Article II, pertaining to Dogs. Councilman Palmer suggested that a letter be sent to the Humane Society of South Bend informing them of the matter, and calling their attention to Sections 5- 8,5 -10 and 5 -13 of Chapter 5, Article II, of the Municipal Code. President Hunter instructed the Clerk to send such a communication. There being no further business before the Council, the meeting was adjourned. Time 9:25 P.M. ATTEST: APPROVED: / �� 9 IDENT 341