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HomeMy WebLinkAbout08-28-67 Council Meeting MinutesREGULAR MEETING August 28, 1967 - -- Be it remembered that the Common Council of the City of South Bend, Indiana, met in the Council Chambers in City Hall on Monday, August 28, 1967,at 10 :37 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 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 August 14, 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, City of South Bend to amend the Zoning Ordinance of the City of South Bend, Common Council as hereinafter requested, and in support of this application, the following facts are shown: 1. The property sought to be rezoned is located: North of Washington Street and East of Falcon Street in the North Part of Northeast of Northeast k of Section 9, T 37, R2E, City of South Bend, Pottage Township, Saint Joseph County, Indiana. 2. The property is owned by City of South Bend, Department of Redevelopment Mutual Commercial Company Wiley Hoover 3. A legal description of the property is as follows: A tract of land in the Northeast Quarter(k)of the Northeast Quarter (k) of Section 9, Township 37 North, Range 2 East described as follows: Beginning at a point Thirty -one and Six tenths (31.6) feet North of the Southeast corner of the Northeast (k) of the Northeast ('k) of said Section 9, said point being on the North line of Washington Street as shown on the recorded Plat of LaSalle Park Second Addition; thence West along the North line of said Washington Street a distance of 857.9 feet to the West line of Lake Street produced North from said LaSalle Park Second Addition; thence North along the East line of Lake Street a distance of 240 feet; thence East and along a line 240 feet North of and parallel to the North line of Washington Street a distance of 857.9 feet more or less to the East line of the Northeast Quarter (k) of said Section 9; thence South along the East line of said Quarter (k) Section a distance of 240 feet to the place of beginning. All of a tract of land Forty -six (46) feet off and from the entire South end of Lot Numbered 1088 as shown on the recorded Second Plat of LaSalle Park Addition to the City of South Bend. All of Lot Numbered 1089 as shown on the recorded Second Plat of LaSalle Park Addition to the City of South Bend. A tract 129 feet East and West by 162 feet North and South described as beginning 254 feet North of the Northeast corner of the Intersection of Washington Street and Falcon Street; thence North 162 feet; thence East 129 feet; thence South 162 feet; thence West 129 feet to the place of beginning, being part of Lot Numbered 1087 as shown on the recorded Second Plat of LaSalle Park Addition to the City of South Bend, Indiana. 4. It is desired and requested that the foregoing property be rezoned: from "C" Commercial and "E" Height and Area District to "B" Residential and "A" Height and Area District. 5. It is proposed that the property will be put to public use for park and recreational purposes including a community building to be located approximately in the vicinity of Lake and Washington Streets. 6. Number of off street parking spaces to be provided Ample spaces to comply with the Urban Renewal Plan and the requirements of the Zoning Standards, City of South Bend. 7. Attached is a copy of: a.) an existing plot plan showing petitioners 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. /s/ Howard Bellinger. Executive Director City of South Bend Department of Redevelopment 120 West LaSalle Avenue, Suite 1001 South Bend, Indiana 46601 Councilman Allen made a motion that the petition -.be referred to the Area Plan Commission. Councilman Laven seconded the motion. Motion carried. PETITION We, the undersigned, do hereby respectfully make application and petition the Common Council, City. of South Bend to amend the Zoning Ordinance of the City of South Bend, Common Council as hereinafter requested, and in support of this application, the following are shown: 1. The property sought to be rezoned is located North of Washington Street and East of Falcon Street in the North Part of Northeast % of of Northeast k of Section 9, T37, R 2 E, City of South Bend, Portage Township, Saint Joseph County, Indiana. 2. The property is owned by City of South Bend, Department of Redevelopment 3. A legal description of the property is as follows: Part of the Northeast Quarter k of the Northeast Quarter k of Section 9, Township 37 North, Range 2 East, described as beginning at a point 60 feet East and 7.17 feet South of the Northeast corner of Lot Q in the recorded Replat of Lot 1081 in the Second Plat of LaSalle Park, an Addition to the City of South Bend;.'running thence South, parallel with and 60 feet East of the West line on Falcon Street, a distance of 347.09 feet; thence East 129 feet; thence North, parallel with and 189 feet East of the West line of Falcon Street, 328.25 feet to the South line of Linden Avenue; thence Northwesterly along curve to the place of beginning, 130.36 feet on,.a long chord. 4. It is desired and requested that the foregoing property be rezoned: From "E" Heavy Industrial and "F" Height and Area District to "B" Residential and "A" Height and Area District. 5. It is proposed that the property will be put to public use for park and recreational purposes. 6. Number of off street parking spaces to be provided. Ample spaces to comply with the Urban Renewal Plan and the requirements of the Zoning Standards, City of South Bend. 7. Attached is a copy of: a.) an existing plot plan showing petitioners 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. /s/ Howard Bellinger, Executive Director City of South Bend, Department of Redevelopment 120 West LaSalle Avenue, Suite 1001 South Bend, Indiana 46601 Councilman Allen made a motion that the petition be referred to the Area Plan Commission. Councilman Szymkowiak seconded the motion. Motion carried. REPORT OF AREA PLAN COMMISSION August 21, 1967 The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: The attached ordinance and site development plan of South Bend Range Corporation was legally advertised under date of August 5 and 12 and given public hearing on August 15. The following action was taken: After due consideration it was moved, seconded, and unanimously carried that the ordinance and site development plan be recommended favorably to the Common Council. Excerpts from the minutes of the meeting are hereby attached and made a part of this report. Very truly yours, /s/ John K. Wilson Executive Director The report was accepted,as read, and placed on file. REGULAR MEETING must 28, 1967 I REPORT OF AREA PLAN COMMISSION August 21, 1967 The Honorable Common Council City of South Bend, South Bend, Indiana Gentlemen: The attached ordinance, zoning recently annexed property at the intersection of Ireland and Michigan 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 are hereby attached and made a part of this report. Very truly yours, /s/ John K. Wilson Executive Director 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 FOR ADDITIONAL APPROPRIATIONS FROM THE GENERAL FUND IN THE AMOUNT OF $71,490.00 TO VARIOUS ACCOUNTS WITHIN THE GENERAL 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 FOR ADDITIONAL APPROPRIATIONS FOR THE MOTOR VEHICLE HIGHWAY FUND IN THE AMOUNT OF $24,370.00 TO VARIOUS ACCOUNTS WITHIN 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 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 TO ACCOUNT 21 "COMMUNICATION AND TRANSPORTATION" IN THE AMOUNT OF $76.00 AND TO ACCOUNT 55 "SUBSCRIPTIONS AND DUES" IN THE AMOUNT OF $84.00 AND THE TRANSFER OF THE SAME FROM ACCOUNT 52 "RENTS ", ALL BEING WITHIN TEE HUMAN RELATIONS AND FAIR EMPLOYMENT PRACTICES COMMISSION FUND ". 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 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 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, 1968, AND ENDING DECEMBER 31, 1968, INCLUDING DEPARTMENTS, FUNDS, AND COMMISSIONS FOR WHICH MONEY IS APPROPRIATED IN WHOLE OR IN PART, FROM THE GENERAL FUND AND FROM FUNDS OTHER THAN THE GENERAL FUND, OF SAID CITY TO -WIT: PARK DEPARTMENT, FIREMEN'S PENSION FUND, POLICE PENSION FUND, URBAN REDEVELOPMENT FUND, URBAN REDEVELOPMENT BOND FUND, HUMAN RELATIONS AND FAIR EMPLOYMENT PRACTICES COMMISSION, BUILDING DEMOLITION, REPAIR AND CONTINGENT FUND, PARK DISTRICT FUND, GENERAL SINKING FUND, HOSPITAL FUND, ART ASSOCIATION FUND, MOTOR VEHICLE HIGHWAY FUND AND THE CUMULATIVE CAPITAL IMPROVEMENT FUND: PROVIDING THAT SUCH APPROPRIATIONS SHALL INCLUDE 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. " 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 The report was accepted and placed on file. RE(�t1T AR l� TT TC AuRust 28, 1967 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 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, 1968" 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 The report was accepted and placed on file. ORDINANCES, THIRD READING ORDINANCE NO. 4940 -67 AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS FROM THE GENERAL FUND IN THE AMOUNT OF $71,490.00 TO VARIOUS ACCOUNTS WITHIN THE GENERAL FUND 3 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, THIRD READING ORDINANCE NO. 4941 -67 AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS FOR THE MOTOR VEHICLE HIGHWAY FUND IN THE AMOUNT OF $24,370.00 TO VARIOUS ACCOUNTS WITHIN THE MOTOR VEHICLE HIGHWAY FUND. 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, THIRD READING ORDINANCE NO. 4942 -67 AN ORDINANCE FOR ADDITIONAL APPROPRIATIONS TO ACCOUNT 21 "COMMUNICATION AND TRANSPORTATION" IN THE AMOUNT OF $76.00, AND THE TRANSFER OF THE SAME FROM ACCOUNT 52 "RENTS ", ALL BEING WITHIN THE HUMAN RELATIONS AND FAIR EMPLOYMENT PRACTICES COMMISSION FUND, 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). ORDINANCE NO. 4943 -67 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, 1968, AND ENDING DECEMBER 31, 1968, INCLUDING DEPARTMENTS, FUNDS, AND COMMISSIONS FOR WHICH.MONEY IS APPROPRIATED IN WHOLE OR IN PART, FROM THE GENERAL FUND AND FROM FUNDS OTHER THAN THE GENERAL FUND, OF SAID CITY TO -WIT: PARK DEPARTMENT, FIREMEN'S PENSION FUND, POLICE PENSION FUND, URBAN REDEVELOPMENT FUND, URBAN REDEVELOPMENT BOND FUND, HUMAN RELATIONS AND FAIR EMPLOYMENT PRACTICES COMMISSION, BUILDING DEMOLITION, REPAIR AND CONTINGENT FUND, PARK DISTRICT FUND, GENERAL SINKING FUND, HOSPITAL FUND, ART ASSOCIATION FUND, MOTOR VEHICLE HIGHWAY FUND AND THE CUMULATIVE CAPITAL IMPROVEMENT FUND: PROVIDING THAT SUCH APPROPRIATIONS SHALL INCLUDE 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, AS AMENDED. The Ordinance was given third rdading and passed with a roll call vote of 8 ayes, (Councilmen Hunter, Allen, Palmer, Wise, Geib, Szymkowiak, Laven and Smith), 0 nays, 1 absent (Councilman Muszynski). ORDINANCE NO. 4944 -67 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, 1968, AS AMENDED. The Ordinance was given third reading and passed with 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 AMENDING CHAPTER 40, SECTION 40 -14 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1963, ALSO KNOWN AS ORDINANCE NO. 3702 AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA. (Location :,Southeast Corner Cherry and Napier). 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 on September 11, 1967. Councilman Palmer seconded the motion. Motion carried. ORDINANCES, FIRST AND SECOND READING ORDINANCE AN ORDINANCE AMENDING SECTION 40 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 (Location: 49.5 acres near intersection of Ireland and Michigan) 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 September 11, 1967. Councilman Szymkowiak seconded the motion. Motion carried. ORDINANCES, FIRST AND SECOND READING ORDINANCE NO. 4945 -67 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE WASTE WATER TREATMENT PLANT OF SOUTH BEND, INDIANA AND A. H. CHOITZ & CO., INC. FOR THE PURCHASE OF A JOHN DEERE WHEEL LOADER BACKHOE, MODEL JD400 IN THE SUM OF $10,620.10. The Ordinance was given first reading by title and second reading in full. Councilman Geib made a motion for suspension of rules. Councilman NiVe 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. Lloyd Taylor, City Engineer. The Ordinance was then 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 FOR ADDITIONAL APPROPRIATIONS TO ACCOUNT Q -25 "REPAIRS OF EQUIPMENT" IN THE AMOUNT OF $400.00 AND TO ACCOUNT Q -72, "FURNITURE AND EQUIPMENT" IN THE AMOUNT OF $2,000.00 AND THE TRANSFER OF SAID SUMS 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 September 11, 1967. - Councilman Palmer seconded the motion. Motion carried. RESOLUTION NO. 167 -67 A RESOLUTION FOR ADDITIONAL APPROPRIATIONS TO ACCOUNT H -25 "REPAIRS OF BUILDINGS AND STRUCTURES ", OF THE BOARD OF PUBLIC WORKS AND SAFETY IN THE AMOUNT OF $1,500.00 AND THE TRANSFER OF THE SAME FROM ACCOUNT H -22, "ELECTRIC CURRENT ", 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 additional funds are now needed by the Board of Public Works and Safety to cover the cost of certain repairs, remodeling and re- decorating in the City Hall because of the necessity of moving certain departments into new and different quarters and the additional sum of $1,500.00 forthwith for such purposes; and, WHEREAS, a surplus exists in another account where it is not presently needed and more specifically as follows; to wit: $1,500.00 in Account H -22, designated as "Electric Current ". NOW, THEREFORE,BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, that the sum of $1,500.00 be transferred to Account H -25, "Repairs of Buildings" from Account H -22, "Electric Current ", both of said accounts being in the same category and all within the General Fund. /s/ John L. Hunter, Jr. Speaking in favor of the adoption of the Resolution was Richard Duck, Clerk of the Board of Public Works and Safety. Councilmen Allen, Laven and Smith expressed discountenance because the Resolution had not been submitted to them early enough to afford ample time for their study. Councilman Geib made a motion for adoption of the Resolution by a roll call vote. Councilman Wise seconded the motion. Motion carried. The Resolution was adopted by a roll call vote of 5 ayes,(Councilmen Hunter, Palmer, Wise, Geib and Szymkowiak), 3 nays, (Councilmen Allen, Laven and Smith), 1 absent, (Councilman Muszynski). NEW BUSINESS President Hunter instructed the Clerk to send a memorandum to all department heads informing them that the deadline for items that are to appear on the Council agenda, is Wednesday noon, prior to the meeting. There being no further business to come before the Council, Councilman Smith made a motion to adjourn. Councilman Palmer seconded the motion. Motion carried. Time: 11:20 P.M. ATTEST: APPROVED: IDENT 0