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HomeMy WebLinkAbout12-12-66 Council Meeting Minutesam REGULAR NRETTNG — — _-- DECEMBER JZ, -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, Monday, December 12, 1966 at 8:21 P.M., with all members present except Councilman Muszynski, who was ill. 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 examined 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 November 28, 1966 There being no objections, the report was accepted as read and placed on file. PETITION. 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 Indiana, as hereinafter requested, and in support of this application, the following facts are shown: ) 1. The property sought to be rezoned is located at the southwest corner of U.S. 31 (Michigan Street) and Angela Boulevard, South Bend, Indiana. 2. The property is owned by American Realty of 'South Bend, Inc. 3. A legal description of the property is as follows: Lot numbered Twenty -three (23) EXCEPTING a strip of land 11 feet in width, taken off of and from the entire East side of said lot; also all of Lots Numbered Twenty -four (24), Twenty -five (25) and Twenty -six (26), all as shown on the recorded Plat of Leeper's Second Addition to the City of South Bend recorded in Plat Book 11, page 153; also all of Lots Numbered Twenty -seven (27), Twenty -eight (28), Twenty -nine (29) and Thirty (30), EXCEPTING .a strip of land 3 feet in width, taken off of and from the entire East side of Lot Numbered 30, all as shown on the revised plat of Lots numbered Twenty -seven (27) to Thirty -three (33), both inclusive, in Leeper's Second Addition to the City of South Bend recorded in Plat Book 14, Page L; also vacated alley North of Pokagon Street from Michigan Street to alley West of Michigan Street, and vacated alley West of Michigan Street from Pokagon Street to Angela Avenue. 4. It is desired and requested that the foregoing property be rezoned: From B Residential Use and B Height and Area District To C -1 Commercial Use and C 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: Branch Bank Building 40 feet by 64 feet, together with adjacent parking 6. Number of off street parking spaces to be provided: Thirty -eight (38) 7. Attached is a copy of a.) an existing plot plan showing my property and other surrounding properties; b.) names a nd addresses of all the individuals, firms or corporations owning property within 300 feet of the property sought to be rezoned; c.) site development plan. AMERICAN REALTY OF SOUTH BEND, INC. BY: /s/ Lex B. Wilkinson Signature of Petitioner Petition prepared by Francis Jones,(Jones, Obenchain, Johnson, Ford and Pankow) Councilman Allen made a motion that the petition be referred to the Area Plan Commission. Councilman Szymkowiak seconded the motion. Motion carried. REGULAR MEETING DECEMBER 12, 1966 COMMUNICATION TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: The Board of Public Works and Safety of the City of South Bend, Indiana has requested that funds in an amount not to exceed One Million Five Hundred Thousand Dollars ($1,500,000) be provided for the cost of acquistion of land, easements and rights -of -way and the construction thereon of Major arterial streets to extend the inner belt street system; for the construction and equipping or the remodeling and equipping of a building for use as a fire station and the acquistion , improvement and landscaping of any land necessary as a site therefor; construction of sewers; construction, reconstruction and improving of streets; and the engineering, architectural appraisal, abstracting, title insurance and legal fees and expenses incidental thereto and the expenses and legal fees incidental to the issuance of bonds therefor. I recommend that said appropriation be made, and I am submitting herewith for consideration of the Council a form of ordinance authorizing such appropriation. Dated this 18th day of November, 1966. Respectfully submitted, /s/ James A. Bickel, City Controll &r;_ There being no objections, the report was accepted as read 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 AMENDING SECTION 40 -8 -c OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1962, AS AMENDED, ALSO KNOWN AS ORDINANCE NO. 3702, THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED." 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 as read 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 AMENDING SECTION 40 -17 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1962, AS AMENDED, ALSO KNOWN AS SECTION 4 OF ORDINANCE NO. 3702, THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED. Respectfully report that they have examined the matter and that in their opinion public,hearing,on the Ordinance be continued until January 9, 1967, and the Ordinance be referred to the attorney for the Area Plan Commission for clarification. /s/ Edwin Thomas Smith, Chairman There being no objections, the report was accepted as read and placed on file. ORDINANCE, THIRD READING ORDINANCE NO. 4900 -66 AN ORDINANCE AMENDING SECTION 40 -8 -c OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1962, AS AMENDED ALSO KNOWN AS ORDINANCE NO. 3702, THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED. The Ordinance was given third reading and passed by a roll call vote of 8 ayes (Councilmen Hunter, Allen, Palmer, Wise, Geib, Szymkowiak, Laven and Smith) 0 nays, 1 absent (Councilman Muszynski). ORDINANCES, FIRST AND SECOND READING ORDINANCE AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE SUM OF ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,000) FOR THE ACQUISITION OF LAND, EASEMENTS AND RIGHTS -OF -WAY AND THE CON- STRUCTION THEREON OF MAJOR ARTERIAL STREETS TO EXTEND THE INNER BELT STREET SYSTEM; FOR THE CON- STRUCTION AND EQUIPPING OR THE REMODELING AND EQUIPPING OF A BUILDING FOR USE AS A FIRE STATION AND THE ACQUISITION, IMPROVEMENTAND LANDSCAPING OF ANY LAND NECESSARY AS A SITE THEREFOR; CONSTRUC- TION OF SEWERS; CONSTRUCTION, RECONSTRUCTION AND IMPROVING OF STREETS; AND THE ENGINEERING, ARCHI- TECTURAL, APPRAISAL, ABSTRACTING, TITLE INSURANCE AND LEGAL FEES AND EXPENSES INCIDENTAL THERETO AND THE EXPENSES AND LEGAL FEES ON ACCOUNT OF THE ISSUANCE OF BONDS THEREFOR AND DECLARING THAT AN EXTRAORDINARY EMERGENCY EXISTS FOR THE EXPENDITURE OF SAID FUNDS. The Ordinance.was given first reading by title and second reading in full. Councilman Allen made a motion that the Ordinance be set for public hearing on January 9, 1967. Councilman Wise seconded the motion. Motion carried. REGULAR MEETING llr;c;mbtrt 1Z, 1700 ORDINANCES, FIRST AND SECOND READING ORDINANCE NO. 4901 -66 AN ORDINANCE TO AMEND SECTION 15 OF ORDINANCE NO. 4838 -66 ENTITLED " AN 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 TAXICABS 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 Laven 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, Laven and Smith) 0 nays, 1 absent (Councilman Muszynski). Speaking in favor of the Ordinance was Mr. James A. Bickel, City Controller. The Ordinance was given third reading and passed by a roll call vote of 8 ayes (Councilmen Hunter, Allen, Palmer, Wise, Geib, Szymkowiak, Laven and Smith) 0 nays, 1 absent (Councilman Muszynski). ORDINANCES, FIRST AND SECOND READING ORDINANCE AN ORDINANCE REPEALING SECTION 5 OF CHAPTER 24 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1962, COMMONLY KNOWN AS THE MILK ORDINANCE OF THE CITY OF SOUTH BEND, 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 on January 9, 1967. Councilman Szymkowiak seconded the motion. Motion carried. RESOLUTION NO. 148 -66 A RESOLUTION FOR AN ADDITIONAL APPROPRIATION IN THE "PUBLICATION OF LEGAL NOTICES" ACCOUNT OF THE OFFICE OF CONTROLLER IN THE AMOUNT OF $220.00 AND THE TRANS- FER OF THE SAME FROM THE "PRINTING, OTHER THAN OFFICE SUPPLIES" ACCOUNT IN THE SAME CATEGORY, TO -WIT: "SER- VICES CONTRACTUAL ", AND ALL BEING IN THE GENERAL FUND. WHEREAS, Certain extraordinary conditions have developed since the adoption of the existing annual budget sl',:. that it is now necessary to appropriate more money than was appropriated in the annual budget for the various functions of City Government to meet such extraordinary contingencies; and �I WHEREAS, Additional funds for legal advertising are urgently needed by the Office of Controller to assure its ability to properly perform its function and the sum of $220.00 is needed forthwith; and WHEREAS, A surplus exists in another account where it is not presently needed; and more specifically as follows, to -wit: 1. Two Hundred Twenty Dollars ($220.00) in ACCOUNT B -241 designated as "Printing, Other Than Office Supplies ". NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, That the sum of $220.00 be transferred from ACCOUNT B -241 designated as "Printing, Other Than Office Supplies ", by transferring it to the following account, to -wit: 2. Two Hundred Twenty Dollars($22O.00) to ACCOUNT B -242 designated as "Publication of Legal Notices ", both of said accounts being in the same category, to -wit: "Services Contractual" of the Office of Controller. /G/ Alb R Palmer Member of the Common Council Speaking in favor of the Resolution was Mr. James A. Bickel, City Controller. Councilman Smith made a motion that the Resolution be adopted by a roll call vote. Councilman Laven seconded the motion. Motion carried. The Resolution was adopted by a roll call vote of 8 ayes, (Councilmen Hunter, Allen, Palmer, Wise, Geib, Szymkowiak, Laven and Smith) 0 nays, 1 absent,(Councilman Muszynski). NEW BUSINESS Councilman Palmer questioned the City Engineer, Mi. Lloyd Taylor about flooding on rainy days in the vicinity of the Broadway Evangelical United Brethren Church. Mr. Taylor stated that the problem was caused by overloadi of the combination sewage and storm sewers in the area. President Hunter announced that the Annual Organizational Meeting would be held at noon on January 2, 1967. At this time members of the Council will elect the presidentdnd vice- president for the year, 1967, President Hunter invited the public to attend the meeting, at which time it was hoped the Mayor would lay down his plans for the city in the coming year. Councilman Smith moved that the next regularly scheduled meeting, which would fall on a legal holiday, be cancelled. Councilman Geib seconded the motion. Motion carried. Miss Virginia Guthrie, speaking for the Civic - .Planning Association, extended thanks to the members of the Council for the courtesy extended in the past year. There being no further business before the Council, Councilman Smith made a motion to adjourn. Councilman Geib seconded the motion. Motion carried. Meeting adjourned at 8:45 P.M. MEETING ATTEST: APPROVED: DECEMBER 12, 1966 415- 1 s