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HomeMy WebLinkAbout02-10-58 Council Meeting Minutesaaeaaa_ aoaaeaaaaaaaao: aaaaoaaaaaaaaaaaaaeaaaanaaao_.. aaaoaaaaam: acaaae= aaaaa= aaaa.. a_ anaa.a =oaaaaaaaaaaaeaaaa= aaoo =a (l REGULAR MEETING: FEBRUARY 10, 1958 Be it'remembered that the Common Council of the City of South Bend, Indiana, met in Regular Session in the Council Chambers, Monday, February 10, 1958, at 8:27 P.M., with all members present except Councilmen Carr and Erler. The meeting was called to order by President Stanley C. Korpal, who presided. ROLL CALL: PRESENT: Councilmen Korpal, Tellson, Christman, Kroll, Glass, Hahn and Muszynski. ABSENT: Councilmen Carr and Erler. REPORT OF THE 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. Stanley C. Korpal Committee Julius B. Christman, Jr. Councilman Hahn made a motion that the report be accepted and placed on file. Councilman Muszynski seconded the motion. Motion carried. COMMUNICATION: Mrs. Freda Noble, Clerk February 3, 1958 City of South Bend, South Bend, Indiana Dear Mrs. Noble: I am returning herewith Ordinance No. 4212 with my veto attached thereto. Attached herewith also is an explanatory letter with my reasons for my decision to veto this legislation. Will you transmit to the Common Council this reason for veto? EFV /ab s Respectfully, /s/ Edward F. Voorde Edward F. Voorde, Mayor Common Council City of South Bend February 3, 1958 South Bend, Indiana ATTENTION: Mr. Stanley Korpal, President Members of the Common Council: The Common Council in its action on Ordinance No. 4212 did act within its statutory grants in regulating which kind of vehicles should or should not be permitted use of any of our city streets. Practically, however, it is my considered judgment that we have not sufficiently covered the problem of channeling an important factor of our economy. Certainly the Council in its action; did not intend to constrict industry nor did it in any way have any so- called "black -mail" motive in its action. As I negate this legislative action, at the same time I am ordering the City Traffic Engineer to immediately call a conference of the truck industry and the Council Transportation Committee. This conference should, without emotion and without sentiment, but from a logical and practical standpoint, work out an overall Ordinance, and to submit it forthwith. Therefore, I am returning this Ordinance with my veto attached thereto. Respectfully yours, /s/ Edward F. Voorde Edward F. Voorde, Mayor EFV /ab Councilman Kroll made a motion that the Communication be accepted and placed on file. Councilman Hahn seconded the motion. Motion carried. PETITION Petition of Michael Ettl,.et al, to rezone land on South Michigan Street between Eckman and Oakside. Councilman Kroll made a motion that the petition be referred to the City Planning Commission. Councilman Muszynski seconded the motion. Motion carried. j ORDINANCE NO. 4213 AN ORDINANCE TRANSFERRING FROM CITY PLAN COMMISSION ACCOUNT NO. 12 - TEMPORARY HELP, $475.00 TO CITY PLAN COMMISSION ACCOUNT NO. 11 - SERVICES PERSONAL, ALL OF THE BUDGET FOR THE YEAR 1958 OF THE CIVIL CITY OF SOUTH BEND, INDIANA, AND DECLARING AN EXTRAORDINARY EMERGENCY . . The Ordinance was given third reading and passed by a roll call vote of 7 ayes, 0 nays, 2 absent (Councilmen Carr and'i Erler. REPORT OF THE CITY PLANNING COMMISSION: The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: February 7, 1958 At the Regular meeting of the City Planning Commission under date of 6 February 1958 the Commission unanimously the following statement relative to the petition of Blenke Brothers Realty Company, Inc. to annex land into the City of South Bend: "The Planning Commission is of the opinion that the proposed annexation is in the best interests of the City of South Bend and of the territory proposed to be annexed and that it meets all the requirements for annexation set forth by the applicable Indiana statute. The Commission is informed that there is pending a suit brought by the County Board of Zoning Appeals against the owners of most of the territory involved in which suit it is alleged that said owners are violating the County Zoning Ordinance. Since the Council has not requested an opinion from the Commission on the policy question involved relative to said suit the Commission makes no recommendation regarding:.this question of policy." RLH /mah Attach. Very truly yours, CITY PLANNING COMMISSION /s/ Robert L. Huff Director - Secretary Councilman Kroll made a motion that the report be accepted and placed on file. Councilman Muszynski seconded the motion. Motion carried. REPORT OF THE CITY PLANNING COMMISSION: The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: February 7, 1958 The attached ordinance originated by the City Planning Commission to zone the recently annexed nine (9) acres, more or less, of land lying south of Edison Road, east of Ebeling Street, north of Rexford Drive and west of Hickory Road, to "A" Residential Use District and "A" Height and Area District was legally advertised on 27 January 1958 and given public hearing under date of 6 February 1958. The following action was taken: After due consideration the Commission found the general area surrounding subject area to be used and zoned "A" Residential Use District and that the subject area is predominately single family use. It was therefore duly moved, seconded and unanimously carried that the Ordinance be recommended favorably to the Common Council. Very truly yours, /a/ Robert L. Huff RLH /mah - Attach. Robbrt L. Huff, Director - secretary Councilman Hahn made a motion that the report be accepted and placed on file. Councilman Kroll seconded the motion. Motion carried. REPORT OF THE CITY PLANNING COMMISSION: The Honorable Common Council February 7, 1958 City of South Bend South Bend, Indiana Gentlemen: The attached ordinance originated by the City Planning Commission.to zone approximately nine (9) acres of recently annexed land lying north of Corby Blvd., west of Hickory Road, south of Rexford Drive and east of Whitehall Drive to "A" Residential Use District and "A" Height and Area District was leaglly advertised on 27 January 1958 and given public hearing under date of 6 February 1958. The following action was taken: After due consideration the Commission found the general area surrounding subject area to be used and zoned. "A" Residential Use District and that the subject area is predominantly single family use. It was therefore duly moved, seconded and unanimously carried that the ordinance be recommended favorably to the Common Council. Very truly yours, /s/ Robert L. Huff Robert L. Huff RLH /mah Director- Secretary Attach. Councilman Tellson. made a motion that the report be accepted and placed on file. Councilman Glass seconded the motion. Motion carried. REPORT OF THE CITY PLANNING COMMISSION: The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: February 7, 1958 The attached Ordinance originated by the City Planning Commission to zone approximately forty (40) acres of recent annexed land lying west of Hickory Road north of McKinley Blvd., east of Preston Drive and south of Sorin Street to "A" Residential Use District and "A" Height and Area District was legally advertised on 27 January 1958 and given public hearing under date of 6 February 1958. The following action was taken: RLH /mah Attach. After due consideration the Commission found the general area surrounding subject area to be used and zoned "A" Residential Use District and that the subject area is predominately single family use. It was therefore duly moved, seconded and unanimously carried that the ordinance be recommended favorably to the Common Council. Very truly yours, /s/ Robert L. Huff Robert L. Huff Director- Secretary Councilman Glass made a motion that the report be accepted and placed on file. Councilman Tellson seconded the motion. Motion carried. REPORT OF THE CITY PLANNING COMMISSION: The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: February 7, 1958 The attached ordinance originated by the City Planning Commission to zone land owned and occupied by the Morris Park Country Club and also the recently annexed strip of land lying west of McKinley Terrace Addition, east of Edison Park Addition and between Edison Road and Corby Blvd., to "A" Residential Use District and "A" Height and Area District excluding that land now occupied by the Morris Park Country Club building was legally advertised on 27 January 1958 and given public hearing under date of 6 February 1958. The following action was taken: RLH /mah Attach. The Comrnissian found that substantial justice would be done by the favorable recommendation of the ordinance. It was therefore duly moved, seconded and unanimously carried that the ordinance be recommended favorably to the Common Council. Very truly yours, CITY PLANNING COMMISSION /s/ Robert L. Huff Robert L. Huff Director- Secretary Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Kroll seconded the motion. Motion carried. REPORT OF THE CITY PLANNING COMMISSION: The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: February 7, 1958 The attached ordinance originated by the City Planning Commission to zone land occupied by the Morris Park County Club building and the land immediately surrounding same to "B" Residential Use District and "A" Height and Area District was legally advertised on 27 January 1958 and given public hearing under date of 6 February 1958. The following action was . taken: REGULAR MEETING RLH /mah Attach. FEBRUARY 1Q. 1958 The Commission found that substantial justice would be done by the favorable recommendation of the Ordinance. It was therefore duly moved, seconded and unanimously carried that the attached ordinance be recommended favorably to the Common Council. Very truly yours, /s/ Robert L. Huff Robert L. Huff, Director - Secretary Councilman Hahn made a motion that the report be accepted and placed on file. Councilman Kroll seconded the motion. Motion carried. REPORT OF THE BOARD OF PUBLIC WORKS AND SAFETY: Common Council. City of South Bend South Bend, Indiana Gentlemen: February 10, 1958 In response to the directive dated January 28, 1958 issued to this office, we are enclosing the following reports given to us by the Police Department. Thanking you, I remain Sincerely, /s/ Anthony J. Sabo Anthony J. Sabo, Clerk Board of Public Works and Safety Attached to this communication are Officers' reports showing data collected relative to trains blocking crossings at Washington and College and Ford Street. Councilman Kroll made a motion that the report be accepted and placed on-'file. Councilman Muszynski seconded the motion. Motion carried. ORDINANCE FIRST AND SECOND READING: AN ORDINANCE PROVIDING FOR THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF SOUTH BEND, INDIANA (Albert Street - -- Blenke Brothers Petitioners) The Ordinance was given first reading by title and second reading in full. Councilman Hahn made a motion that the ordinance be set for public hearing on February 24, 1958. Councilman Glass seconded the motiaL Motion carried. ORDINANCE NO. 4214 AN ORDINANCE TO AMEND ORDINANCE NO. 3702, AS AMENDED, WHICH ORDINANCE IS COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (Hickory Road 9. 3 acres). The Ordinance was given first reading by title and second reading in full. Councilman Kroll made a motion for suspension of rules. Councilman Hahn seconded the motion. Motion carried by a roll call vote of 7 ayes, 0 nays, 2 absent (Councilmen Carr and Erler). The Ordinance was then given third reading and passed by a roll call vote of 7 ayes, 0 nays, 2 absent (Councilmen Carr and Erler). ORDINANCE NO. 4215 AN ORDINANCE TO AMEND ORDINANCE NO. 3702, AS AMENDED, WHICH ORDINANCE IS COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA ( Hickory Road 9.4 acres). The Ordinance was given first reading by title and second reading in full. Councilman Hahn made a motion for suspension of rules. Councilman Tellson seconded the motion. Motion carried by a roll call vote of 7 ayes, 0 nays, 2 absent (Councilmen Carr and Erler). The Ordinance was then given third reading and passed by a roll call vote of 7 ayes, 0 nays, 2 absent (Councilmen Carr and Erler). ORDINANCE NO. 4216 AN ORDINANCE TO AMEND ORDINANCE NO. 3702, AS AMENDED, WHICH ORDINANCE IS COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (Hickory Road 40.3 acres) The Ordinance was given first reading by title and second reading in full. Councilman Kroll made a motion for suspension of rules. Councilman Glass seconded the motion. Motion carried by a roll call vote of 7 ayes, 0 nays, i 2 absent (Councilmen Carr and Erler). The Ordinance was then given third reading and passed by a roll call vote of 7 ayes, 0 nays, 2 absent (Councilmen Carr and Erler). ORDINANCE NO. 4217 AN ORDINANCE TO AMEND ORDINANCE NO. 3702, AS AMENDED, WHICH ORDINANCE IS COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (Morris Park 177.3 acres). The Ordinance was given first reading by title and second reading in full. Councilman Kroll made a motion for suspension of rules. Councilman Christman seconded the motion. Motion carried by a roll call vote of 7 ayes, 0 nays, 2 absent (Councilmen Carr and Erler). ORDINANCE NO. 4218 AN ORDINANCE TO AMEND ORDINANCE NO. 3702, AS AMENDED, WHICH ORDINANCE IS COMMONLY KNOON AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (Morris Park 2.7 acres). The Ordinance was given first reading by title and second reading in full. Councilman Glass made a motion for suspension of rules. Councilman Kroll seconded the motion. Motion carried by a roll call vote of 7 ayes, 0 nays, 2 absent (Councilmen Carr and Erler). The Ordinance was then given third reading and passed by a roll call vote of 7 ayes, 0 nays, 2 absent (Councilmen Carr and Erler). 14 REGULAR MEETING NEW BUSINESS FEBRUARY 10, 1958 Councilman Tellson made a motion that an Ordinance be drawn by the City attorney to eliminate the sale of artificially colored baby chicks, ducklings and rabbits. There was no second to the motion but Mr. Smith, City Attorney stated that he would investigate this matter and prepare an Ordinance covering same. Councilman Christman asked that the Board of Public Works and Safety direct that the Police Department pay particular attention to those streets blocked off and designated as Play Streets. Persons whose homes have no alley behind them, will be allowed to go through the barricade to park before their homes, but no other cars are to be allowed through the barricade. Councilman Christman commented on the traffic congestion at the intersection of Vassar and Wilber Streets and asked that some sort of traffic control be used at school dismissal time. Councilman Tellson also stated that there is traffic congestion at St. Joseph Church on Sundays with so many cars and no traffic control. There being no further business before the Council, Councilman Hahn made a motion to adjourn. Councilman Glass seconded the motion. Motion carried and the Regular meeting of the Common Council adjourned at 9:23 P.M. ATTEST: PRESIDENT C6 s Il