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HomeMy WebLinkAbout07-24-67 Council Meeting MinutesREGULAR MEETING JULY 24, 1967 Be it remembered that the Common Council of the City of South Bend, Indiana,.met in the Council Chambers in City Hall in Regular Session, Monday, July 24, 1967 at 10:46 P.M., with all members present. 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, Smith and Muszynski ABSENT: None 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 July 10, 1967 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 to amend the Zoning Ordinance 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 The Norwest Corner of Bendix Drive and Elwood Avenue 2. The property is owned by Louis Gruszynski, Pelagia Kaniewski, Arthur A. Taelman and Edward V. O'Toole. 3. A legal description of the property is as follows: Part of the Southeast Quarter (4) of the Southeast quarter (4) of Section Thirty- three(33), Township Thirty -eight (38) North, Range Two (2) East described as beginning at the Northwest corner of Elwood Avenue and Bendix Drive in the City of South•Bend, which beginning point is Forty -(40) feet North and Forty (40) feet West of the Southeast corner of said Section Thirty -three (33), running thence North Eleven Hundred Ten and Thirty -two Hundredths (110.32) feet to the South line of a tract of land conveyed to Polish American Falcons and described in Deed Record 663, page 66: thence West Five Hundred Sixty -five (565.) feet, more or less, along the South line of said tract to the East boundary line of the recorded Re -plat of Lincoln Plaza- Second Addition; thence South along the East boundary line Eleven Hundred Eight and Fifty -seven Hundredths (1108.57) feet to a point on the North line of Elwood Avenue that is Five Hundred Sixty -three and Thirty -six Hundredths (563.36) feet West of the place of beginning; thence East to the place of beginning. Subject to an easement of Five (5) feet along the entire West side of said above described tract recorded November 30, 1953 in Miscellaneous Record 131, page 266. 4. It is desired and requested that the foregoing property be rezoned: From A Residential Use and A Height and Area District. To D Light Industrial Use and E. 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: Lumber Yards and other related matters. 6. Number of off street parking spaces to be provided: Fifty -two (52) 7. Attached is a copy of: a.) an existing 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; c.) site development plan:. FEENEY, STRATIGOS & HARDIG Attorneys for Petitioners By: /s/ F. Gerard Feeney Councilman Laven made a motion that the petition be-referred to the Area Plan Commission. Councilman Szymkowiak seconded the motion. Motion carried. PETITION Your Petitioner hereby respectfully makes application and petitions the Common Council of the City of South Pend, 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 and occupies entirely the area bounded as follows: on the north by the south line of Napier Street; on the east by the west line of an alley running north and south just west of Chestnut Street; on the south by the north line of the New York Central Railroad Company right -of- way; and on the west by the west lino of now vacated Cherry Street, all in the City of South Bend, Indiana. 2. The property is owned by your Petitioner, South Bend Range Corporation. 3. A legal description of the property is as follows: Beginning at the northeast corner of Lot No. 37 as shown on the recorded Plat of John F. Kirby's Sub- division of a part of Bank Out Lot numbered Eighty -three (83) of the Second Plat of Out Lots of the Town, now City, of South Bend, Indiana, platted by the State Ban1 of Indiana; thence west to the west line of now vacated Cherry Street; thence south along said west line to the northerly line of the New York Central Railroad Company right -of -way; thence southeasterly along said northerly line to the intersection of said line with the east line of Lot No. 42 as shown on the recorded Plat of John P. Kirby's Subdivision of a part of Bank Out Lot numbered Eighty -three (83) of the Second Plat of Out Lots of the Town, now City, of South Bend, Indiana, platted by the State Bank of Indiana; thence north to the place of beginning, all in the City of South Bend, Indiana. An alternative legal description is as follows: All of Lots 37,38,39,40 and 42 as shown on the recorded Plat of John F. Kirby's Subdivision of a part of Bank out Lot numbered Eighty -three (83) of the Second Plat of Out Lots of the Town, now City, of South Bend, Indiana, platted by the State Bank of Indiana, and all of now vacated Cherry Street which lies directly west of said Lots, and so much of a now vacated alley which lies between said Lots 40 and 42. 4. It is desired and requested that the foregoing property be rezoned, From "A" Residential, "A" Height and Area District To "E" Heavy Industrial, "F" Height and Area District. 5. It is proposed that a building will be constructed upon said property in accordance with specifications submitted herewith which will be used for carrying out your Petitioner's manufacturing processes as is presently being done in its building west of the subject premises. 6. Attached is a copy of (a) an existing plot plan showing your petitioner's property considered herein and other neighboring properties which may be affected; (b) names and addressses of the record owners of all property within three hundred (300) feet of the subject real estate which may be affected by this rezoning; (c) site development plan. WHEREFORE, your Petitioner respectfully requests the relief sought herein. REGULAR MEETING JULY 24, 19h7 PETITION (Continued) Councilman Allen made a motion that the petition be referred to the Area Plan Commission. Councilman Palmer seconded the motion. Motion carried. 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 TO ACCOUNT MVH -52, "RENTS ", IN THE AMOUNT OF $17,500.00 AND THE TRANSFER OF THE SAME FROM ACCOUNT MVH -72 "EQUIPMENT" ALL BEING IN THE MOTOR VEHICLE HIGHWAY 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 OF THE WHOLE To the Common Council of the City of South Bend :. 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 1968" (Filed June 21, 1967) Respectfully report that they have examined the matter and that in their opinion the Ordinance be withdrawn. /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 FIXING MAXIMUM SALARIES OF APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 1968 "(Filed July 10, 1967) Respectfully report that they have examined the matter and that in their opinion the Ordinance go to the Council favorable, as amended. /s/ Edwin Thomas Smith, Chairman There being no objections, the report was accepted and placed on file. REPORT OF AREA PLAN COMMISSION July 21, 1967 The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: The attached ordinance was legally advertised under date of July 8 -and 15 and given public hearing on July 18, 1967. The following action was taken: After due consideration it was moved, seconded and unanimously carried that the ordinance be recommended favorably to the Common Council. Excerpts from the minutes of the Area Plan Commission meeting are hereby attached and made a part of this report. Very truly yours, /s/ John K. Wilson Executive Director There being no objections, the report was accepted as read, and placed.on file. ORDINANCES, THIRD READING ORDINANCE NO. 4932 -67 AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION TO ACCOUNT MVH -52 "RENTS ", IN THE AMOUNT OF $17,500.00 AND THE TRANSFER OF THE SAME FROM ACCOUNT MVH -72 "EQUIPMENT ", ALL BEING IN THE MOTOR VEHICLE HIGHWAY FUND The Ordinance was given third reading and passed by a roll call vote of 9 ayes, 0 nays, 0 absent. ORDINANCE NO. 4933 -67 AN ORDINANCE FIXING MAXIMUM SALARIES OF APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR OF 1968, AS AMENDED The Ordinance was given third reading and passed by a roll call vote of 5 ayes, (Councilmen. Hunter, Palmer, Geib, Laven and Smith), 4 nays (Councilmen Allen, Wise, Szymkowiak and Muszynski). 0 absent REGULAR MEETING JULY 24, 1967 ORDINANCES, FIRST AND SECOND READING ORDINANCE AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LANDS. (Location: East side of Ironwood Rd, South of the City boundary) 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 14, 1967. Councilman Geib seconded the motion. Motion carried. ORDINANCES, FIRST AND SECOND READING ORDINANCE AN ORDINANCE AMENDING SECTIONS 40 -27 AND 40 -28 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1962, AS AMENDED, ALSO KNOWN AS SECTIONS 10 AND 11 OF ORDINANCE NO. 3702, THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED. 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 August 14, 1967. Councilman Palmer seconded the motion. Motion carried. ORDINANCES, FIRST AND SECOND READING AN ORDINANCE FOR AN ADDITIONAL APPROPRIATION TO ACCOUNT L -72 "EQUIPMENT ", IN THE AMOUNT OF $2,500.00 AND THE TRANSFER OF THE SAME FROM ACCOUNT L =11, "SERVICES PERSONAL" IN THE ENGINEERING DEPARTMENT, ALL BEING IN THE GENERAL FUND. 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 August 14, 1967. Councilman Palmer seconded the motion Motion carried. ORDINANCES, FIRST AND SECOND READING AN ORDINANCE FOR ADDITIONAL APPROPRIATION TO ACCOUNT Q -43 "REPAIR PARTS ", IN THE AMOUNT OF $1,400.00 AND THE TRANSFER OF THE SAME FROM ACCOUNT Q -11, "SERVICES PERSONAL," IN THE FIRE DEPARTMENT, ALL BEING IN THE GENERAL FUND. 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 August 14, 1967. Councilman Geib seconded the motion. Motion carried. RESOLUTION NO. 162 -67 A RESOLUTION FOR AN ADDITIONAL APPROPRIATION IN ACCOUNT R -26, "OTHER CONTRACT%L'SERVICES," IN THE AMOUNT OF $52.00 AND THE TRANSFER OF SAME FROM ACCOUNT R -25, "REPAIRS, "IN THE DEPARTMENT OF WEIGHTS AND MEASURES, ALL BEING THE SAME CATEGORY AND IN THE GENERAL FUND. WHEREAS, certain extraordinary conditions have developed since the adoption of the existing annual budget so 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 additional funds are now needed by the Department of Weights and Measures to cover the cost of moving equipment to a new location and the sum of $52.00 is needed forthwith for such purpose; and, WHEREAS, a surplus exists in another account where it is not presently needed, and more specifically as follows, to wit: $52.00 in Account R -25 designated as "Repairs ". NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, that the sum. of $52.00 be transferred to Account R -26 'Other Contractual Services ", from Account R -25, "Repairs," both of said accounts being in the same category and all within the General Fund. /s/ Albert E. Palmer Member of the Common Council James A. Bickel, City Controller, spoke in favor of the Resolution. Councilman.Muszynski 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 of9 ayes(Councilmen Hunter, Allen, Palmer, Wise, Geib, Szymkowiak, Laven, Smith and Muszynski), 0 nays, 0 absent. REGULAR ME _11Y 24 196 - RESOLUTION NO. 163 -67 A RESOLUTION FOR AN ADDITIONAL APPROPRIATION IN ACCOUNT N -25 "REPAIRS ", IN THE AMOUNT OF $200.00 AND THE TRANSFER OF THE SAME FROM ACCOUNT N -26 "OTHER CONTRACTUAL SERVICES" IN THE CITY CEMETERIES DEPARTMENT, ALL BEING IN THE SAME CATEGORY AND WITHIN THE GENERAL FUND. WHEREAS, certain extraordinary conditions have developed since the adoption of the existing annual budget so that i, is now necessary to appropriate more money than was appropriated in the annual budget for the various functions of I' City Government to meet such extraordinary contingencies; and additional funds are now needed by the City Cemeterie Department to cover the cost of repairing equipment and the additional sum of $200.00 is needed forthwith for such purpose, and, WHEREAS, a surplus exists in another account where it is not presently needed; and more specifically as follows, to wit: $200.00 in Account N -20 designated as "Other Contractual Services." NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, that the sum of $200.00 be transferred to Account N -25 "Repairs," from Account N -26, "Other Contractual Services," both of said accounts being in the same category and all within the General Fund. /sz Edwin Thomas Smith Member of the Common Council Speaking in favor of the Resolution was Mr. Clifton P. Engle, Cemetery Sexton. Councilman Geib made a motion that the Resolution be adopted by a roll call vote. Councilman Smith seconded the motion. Motion carried. . The Resolution was adopted by a roll call vote of 9 ayes, (Councilmen Hunter, Allen, Palmer, Wise, Geib, Szym- kowiak, Laven, Smith and Muszynski) 0 nays, 0 absent. RESOLUTION NO. 164 -67 A RESOLUTION FOR AN ADDITIONAL APPROPRIATION IN ACCOUNT C -37, "OTHER SUPPLIES ", OF THE OFFICE OF THE CITY CLERK IN THE AMOUNT OF $666.00 AND THE TRANSFER OF THE SAME FROM ACCOUNT C -36, "OFFICE SUPPLIES ", ALL IN THE SAME CATEGORY, AND WITHIN THE GENERAL FUND. WHEREAS, certain extraordinary conditions have developed since the adoption of the existing annual budget, so 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 WHEREAS, Additional funds for Account C -37, "Other Supplies ", are urgently needed by the Office of the City Clerk to assure its ability to properly perform its function and the sum of $666.00 is needed forthwith; and WHEREAS, A surplus exists in another account where it is not presently needed; and more specifically as follows, to wit: $666.00 in Account C -36 designated as "Office Supplies ". NOW, THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, That the sum of $666.00 be transferred from Account C -36 designated as "Office Supplies" to Account C -37 designated as "Other Supplies ", both of said accounts being in the same category and all within the General Fund. 's- Jahn .L.':,Hunter:. Jr' Member of the Common Council Speaking in favor of the Resolution was City Clerk, Kathryn L. Blough. 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 9 ayes, (Councilmen Hunter, Allen, Wise, Palmer, Geib, Szymkowiak, Laven, Smith and Muszynski), 0 nays, 0 absent. NEW BUSINESS City Controller, James A. Bickel asked the members to call a special session of the Common Council at which time the City Budget for 1968 would be given first and second reading. Councilman Geib then made a motion for a special session to be held July 31, 1967. Councilman Smith seconded the motion. Motion carried. Councilman Smith made a motion that the next regular meeting of the Council be held at the Municipal Services Facility, in the Police Classroom and that an informal public hearing on the 1968 City Budget be held at the conclusion of the regular meeting. Councilman Geib seconded the motion. Motion carried. There being no further business to come before the Council, Councilman Smith made a motion to adjourn. Council- man Wise seconded the motion. Motion carried. ATTEST: APPROVED: -) z 4 L6_1�) . 2� I CLERK IDENT