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HomeMy WebLinkAbout11-24-58 Council Meeting MinutesBe it remembered that the Common Council of the City of South Bend, Indiana, met in Regular Session in the Council Chambers on Monday, November 24, 1958, at 8 :22 P.M., with all members present except Councilman Carr. The meeting was called to order by President Stanley C. Korpal who presided. ROLL CALL PRESENT: Councilmen Korpal, Tellson, Christman, Kroll, Glass, Hahn, Erler and Muszynski. ABSENT: Councilman Carr. 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 in- spected the minutes of the previous meeting of the Council and found them correct. They therefore recommend that th same be approved. /s/ Stanley C. Korpal : Committee /s/ Julius B. Christman, Jr. : South Bend, Ind., November 24, 1958. Minutes of Meeting of October 27, 1958. Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Kroll seconded the motion. Motion carried. Petition of Martha E. Winstead to rezone land located at 111 West Bartlett Street. Councilman Hahn made a motion that the petition be referred to the City Planning Commission. Councilman Muszynski seconded the motion. Motion carried. REPORT OF CONTROLLER FOR THE MONTH OF OCTOBER, 1958 Balance on Hand October 1, 1958 ------------------------------------------------------------------------- $2,794,762.1 Receipts during month------------------------------------------------------------------------------ - - - - -$ 851,033.6 Disbursements during month ------------------------------------------------------------------------------ $1,248,587.0 Balance on hand October-31, 1958. ---------------------------------------------------------------- - - - - -- $2,937,208.7 Councilman Muszynski made a motion that the report be accepted and placed on file. Councilman Glass seconded the motion. Motion carried. REPORT OF BUILDING DEPARTMENT Common Council City of South Bend, Ind. Gentlemen: In answer to complaints and your request, I have investigated the signs erected on several streets entering into Twyckenham Hills, and, as enforcing officer for the Zoning Ordinance, have determined the following 1, That the signs are approximately 200 sq. ft, in area. 2. That the words printed on the signs only identify the sub - division without advertisement. 3. That the signs are not erected on public property. 4. That it is the opinion of the attorney for the Board of Zoning Appeals and Planning Commission that the signs have been erected only for identification and do not solicit; and, thererefore are not commercial in nature. Therefore it is the considered opinion based on legal counsel, of the undersigned, that the signs do not violate the intent of the Zoning Ordinance. Sincerely, /s/ Verner L. Lane Building Commissioner Councilman Hahn made a motion that the report be accepted and placed on file. Councilman Erler seconded the motion. Motion carried. i REPORT OF CITY ENGINEER (This was to have been presented at meeting of Nov. 10th, but since there was not a Quorum present, the business was set over until this date). MEMO T0: THE COMMON COUNCIL SUBJECT: MEETING WITH RAILROAD COMPANIES PLANNED FOR WEEK OF NOVEMBER 10TH. I have been unable to schedule the Railroad meeting as planned but I am trying to schedule it for the week of November 17th. /s/ R. S. Andrysiak R. S. Andrysiak City Civil Engineer Councilman Kroll made a motion that the report be accepted and placed on file. Councilman Christman seconded the motion. Motion carried. KrluuLAt( ML'h ilLAT COMMUNICATION 7109 Stafford Avenue Huntington Park, California October 23, 1958 Honorable Edward F. Voorde, Mayor City of South Bend, Indiana I herewith submit my resignation as a member of the Common Council. This has been made necessary due to my change of employment and change of residence. Effective date of this action should be November I, 1958. Respectfully submitted, /s/ George W. Carr George W. Carr Councilman -at -Large Councilman Kroll made a motion that the Resignation be accepted. Councilman Muszynski seconded the motion. Motion carried. REPORT OF THE 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 FROM THE GENERAL FUND $2,500.00 TO HEALTH DEPARTMENT ACCOUNT NO. W -264 - AGED AND AGING HEALTH PROGRAM, ALL OF THE BUDGET FOR THE CIVIL CITY OF SOUTH BEND, INDIANA, FOR 1958, AND DECLARING AN EXTRAORDINARY EMERGENCY. Respectfully report that they have examined the matter and that in their opinion it should be reported favorable. /s/ W. A. Hahn, Acting Chairman Councilman Glass made a motion that the report be accepted and placed on file. Councilman Kroll seconded the motion. Motion carried. ORDINANCE NO. 4251 - -58 AN ORDINANCE APPROPRIATING FROM THE GENERAL FUND $2,500.00 TO HEALTH DEPARTMENT, ACCOUNT NO. W -264 - AGED AND AGING HEALTH PROGRAM, ALL OF THE BUDGET FOR THE CIVIL CITY OF SOUTH BEND, INDIANA, FOR 1958 AND DECLARING AN EXTRAORDINARY EMERGENCY. The Ordinance was given third reading and passed by a roll call vote of 8 ayes, 0 nays. REPORT OF CITY PLANNING COMMISSION The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: November 10, 1958 The attached petition of Hartman Builders, Inc., to rezone the property located on the south side of Lincoln Way West, west of Sheridan Avenue and north of Elwood Avenue, containing approximately 3.5 acres, from "B" Residential Use District and "A" Height and Area District to "C -1 " Commercial Use District and "D" Height and Area District was legally advertised on 22 September 1958 and given public hearing on 2 October 1958. The following action was taken: After due consideration the Commission found that with the exception of the construction of the Beacon Bowling Alley at the city limits there had been no subsequent change of conditions since the unfavorable recommendation of the original petition, said petition being essentially similar to subject petition. The Commission noted that were the subject area zoned commercially it would be unreasonable and arbitrary not to change the frontage opposite in whole or in part on the north side of Lincoln Way West to commercial zoning were a petition so filed. The Commission noted that the petition constitutes undesirable strip zoning the granting of which would grant a special privilege to the petitioners at the economic and social expense of the general area. The Commission also noted the findings relative to the previous petition of 6 June 1957 which are as follows: 1. Because property is on a fairly heavily traveled street is not sufficient reason to invalidate residential zoning. 2. There is no documentation in present trends or historic fact that Lincoln Way West throught most of its length will eventually be commercial. 3. That in the immediate vicinity of subject property there exists to the east, approximately 2,400 front feet of commercially zoned property, of which approximately 660 front feet are vacant; and that immediately to the west of subject property there exists approximately 5,000 front feet of commercially or industrially zoned property, of which 3,820 front feet are vacant. 4. That all the property across Lincolnway West from subject property is zoned and used for single family residence and that all the property south of subject property is zoned multi- family residential and used for single or multi- family purposes. 5. That a public school and a parochial school is under construction in the area and that the best land use sur ing schools is residential. 6. The Commission therefore found that there is clearly. no need for an additional commercial zoning in the vicinity in as much as the land commercially zoned within the city since 1924 and still not used for commercial purposes is a clear indication of the lack of need for additional commercial zoning, and that the existing and future use of the land would best serve the general welfare if said land were used residentially. It was therefore duly moved, seconded and unanimously carried that the petition be recommended unfavorably to the Common Council, due to the above six findings, there being no substantial change in conditions since the filing of the original petition. Very truly yours, •' CITY PLANNING COMMISSION, Robert L. Huff, Director Secy. RH /mah" Councilman Tellson made a motion that the report be accepted and placed on file. Councilman Christman seconded the motion. Motion carried. ORDINANCE 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 (Lincolnway West, west of Sheridan and North of Elwood) The Ordinance was given first reading by title and second reading in full. Councilman Kroll made a motion that the Ordinance be set for public hearing on December 8, 1958. Councilman Glass seconded the motion. Motion carried. ORDINANCE AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE SUM OF ONE MILLION DOLLARS $1,000,000.00) TO BE APPLIED TO THE COST OF CONSTRUCTION, RE- CONSTRUCTION AND IMPROVEMENT OF STREETS, AND EXPENSES INCURRED IN CONNECTION THEREWITH The -Ordinance was given first reading by title and second reading in full. Councilman Glass made a motion to amend the Ordinance as follows: t1Section 1. That the sum of One Million Dollars ($1,000,000.00) be appropriated out of the proceeds of the bonds heretofore authorized to be issued by the Common Council designated as "City of South Bend, Municipal Bonds of 1958 ", for the use of the Board of Public Works and Safety in paying the cost of construction, re- construction and improvement of streets." To read as follows: "Section 1. That the sum of One Million Dollars ($1,000,000.00) be appropriated out of the proceeds of the bonds heretofore authorized to be issued by the Common Council designated as "City of South Bend, Municipal Bonds of 1958 ", for the use of the Board of Public Works and Safety in paying the cost of construction, re- construction and improvement of streets; that included therein shall be the following streets: NAME OF PROJECT FORD STREET CALVERT STREET INDIANA AVE. JEFFERSON BLVD. IRONWOOD DR. E. EWING EAST SAMPLE WEST SAMPLE WEST SAMPLE WEST SAMPLE COLFAX S. LAFAYETTE WALNUT ST. LIMIT OF PROJECT FROM TO GLADSTONE KENMORE. MICHIGAN MICHIGAN MIAMI MARIETTA IRONWOOD DR, GREENLAWN GREENLAti+1N DR. TWYCKENHAM JEFFERSON BLVD. BRIDGE MICHIGAN AVE. MICHIGAN KENMORE KOSCIUSZKO LIBERTY N. LAFAYETTE CITY LIMITS (Ironwood Dr) LINCOLNWAY EAST LIBERTY GRANT OLIVE LA PORTE RAILROAD VIADUCT TO SAMPLE SAMPLE INDIANA Councilman Kroll seconded the motion. Motion carried by a roll call vote of 8 ayes, 0 nays. Councilman Kroll then made a motion that the Ordinance, as amended, be set for Public Hearing on December 8, 1958. Councilman Muszynski seconded the motion. Motion carried. ORDINANCE AN ORDINANCE ORDERING AND PROVIDING FOR THE SALE OF CERTAIN REAL ESTATE IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, WHICH SAID REAL ESTATE IS OWNED BY SAID CITY FOR THE USE OF ITS PARK DEPARTMENT The Ordinance was given first reading by title and second reading in full. Councilman Kroll made a motion for sus- pension of rules, Councilman Muszynski seconded the motion. Motion carried by a roll call vote of 8 ayes, 0 nays. The Ordinance was then given third reading and passed by a roll call vote of 8 ayes, 0 nays. R1?C0T.TTTT0NT WHEREAS the Survey and Planning Application dated July 10, 1958 for 'the Sample Street Redevelopment Project has been returned to the South Bend Redevelopment Commission as exceeding the capital grant authorization ceiling announced by Local Public Agency Letter No. 157 on September 9, 1958, and WHEREAS the South Bend Redevelopment Commission has submitted a revised Survey and Planning Application wi M the available capital grant authorization, NOW, THEPIEFORE be it resolved by the Common Council of the City of South Bend that its .resolution of July 14, 1958, approving the original Survey and Planning Application, be amended, first by reducing.the requested advanc for Survey and Planning from $137,000 to $98,000, and second, by approving the reduction in the requested capital grant reservation from $1,774,900 to $1,502,866 as contained in the revised Survey and Planning Application. ATTEST: In all other respects the Resolution of July 14, shall remain in full force and effect. /s/ Freda G. Noble Common Council City of South Bend By /s/ Stanley C. Korpal President Councilman Glass made a motion that the Resolution be held,over until the next meeting of the Council in order to have time to confer with the Redevelopment Commission. Mr. Henry Sucher, Commissioner of the Urban Redevelopment program was present and expalined the Resolution to the Council. Councilman Kroll then made a motion to adopt the Resolution. Councilman Muszynski seconded the motion. Motion car- ried by a roll call vote of 8 ayes, 0 nays. U17CM TTT'TONT WHEREAS under Title I of the Housing Act of 1949, as amended, and the Housing Act of 1954 as amended, the Housing and Home Finance Administrator is authorized to extend financial assistance to localities in the elimination and prevention of the spread of their slums and urban blight through the planning and undertaking of urban renewal projects.; and WHEREAS, it is desirable and in the public interest that the South Bend Redevelopment Commission prepare surveys and plans, presently estimated to cost approximately $98,000.00 (ninety-eight thousand dollars), in order to undertake and carry out an urban renewal project of the character contemplated by Section 110(c) of said Title I, in that certain area, proposed as an Urban Renewal Area, situated in the City of South Bend, County of St. Joseph, and State of Indiana, and described as follows: BEGINNING at the intersection of the westerly right of way line of Chapin Street with the southerly ;right of way line of Chapin Street with the southerly right of way line of the New York Central Main Line right of way. THENCE, in an easterly direction along the southerly right of way line of said New York Central right of way for a distance of approximately 720 feet to the intersection with the easterly right of way line of Scott Street. THENCE, in a southerly direction along said easterly right of way line of Scott Street for a distance of 850 feet to the intersection with the easterly right of way line of Prairie Avenue. THENCE, along the easterly right of way line of Prairie Avenue for -a distance of approximately 1450 feet in a southwesterly direction to the point where said easterly right of way line of Prairie Avenue intersects with the southerly right of way line of Garst Street, extended. THENCE, along the southerly right of way line of Garst Street extended and Garst Street for a distance of 615 feet in a westerly direction to the end of Garst Street at the easterly property line of Wilson Brothers. THENCE, in a northerly direction for a distance of 300 feet along said easterly property line of the Wilson Brothers Plant to the northerly right of way line of Kerr Street. THENCE ,,in ad easterly direction along the northerly right of way line of Kerr Street for a distance of 220 feet to the intersection with the westerly right of way line of Catalpa Avenue for a distance of 300 feet to the intersection with the southerly right of way line of Sample Street. THENCE, in a westerly direction along the southerly right of way 1. -ne of Sample Street for a distance of 825 feet to the intersection with the westerly right of way line of McPherson Street, extended. THENCE, in a northerly direction along the westerly right of way line of McPherson Street, extended, and McPherson Street, for a distance of 800 feet to the intersection with the northerly right of way line of the first east -west alley north of Dunham Street., THENCE, easterly along said northerly right of way line of the alley for a distance of 950 feet to the intersection with the easterly right of way line of the second north -south alley east of Laurel Street THENCE, in a southerly direction along said easterly right of way line of the alley for a distance of 130 feet to the intersection with the northerly right of way line of Dunham Street. THENCE, easterly along the northerly right of way line of said street for a distance of 350 feet to the intersection with the westerly right of way line of Chapin Street. HENCE, northerly along the westerly line of said street for a distance of 970 feet to the point of BEGINNING. WHEREAS, the above -cited Federal. Law requires as a condit on to the execution of a contract for a loan and capital grant for an urban renewal project that the locality present to the Housing and Home Finance Administra- tor a workable program, as set forth in Section 101(c) of said Title I, for utilizing appropriate public and private resources to eliminate and prevent the development or spread of, slums and urban blight, to encourage needed urban rehabilitation, to provide for the redevelopment of blighted, deteriorated, or slum areas or to undertake such othex feasible community activities as may be suitably employed to achieve the objectives of such a program; and WHEREAS, it is recognized that contracts for loans and capital grants for urban renewal projects will re- quire, among other things, (1) the approval of the urban renewal plan by the governing body of the locality in which the project is situated; (2) the provision of local grants -in -aid which may consist of donations of cash, land, demolition or removal work, and the installation, construction or reconstruction of streets; d tilities, parks, playgrounds or other improvements or the provision of other public buildings or facilities; and (3) the development of a feasible method for the relocation of families displaced from the urban renewal area. NOW, THEREFORE BE IT RESOLVED BY the Common Council�of the City of South Bend, Indiana: Section 1. That the proposed Urban Renewal Area described above is a slum, blighted, deteriorated or deteriorating area appropriate for an urban renewal project and that the undertaking by the South Bend Redevelopment Commission of surveys and plans for an urban renewal project of the character contemplated by Section 110(c) of the Housing Act of 1949, as amended and supplemented, in the proposed Urban Renewal Area described above, is hereby approved. Section 2. That the financial assistance provided under said Title I to assist urban renewal projects is needed and that the Housing and Home Finance Administrator is hereby requested to reserve for an urban renewal project in the proposed Urban Renewal Area described above Federal capital grant funds in an amount sufficient to enable the South Bend Redevelopment Commission to finance the undertaking of the Project. Section 3. That it is cognizant of the conditions that are imposed in the undertaking and carrying out of urban renewal projects with Federal financial assistance under Title I, including the requirements of said Title I respect9 the workable program mentioned above, and that it is the sense of this body (a) that a feasible method for the relocation of families is displaced from the urban renewal area, in conformity with said Title I, can be prepared, and (b) that local grants -in -aid, consisting of donations of cash, land, demolition or removal work, and the': installation, construction or reconstruction of streets, utilities, parks, playgrounds or other improvements or the provision of other public buildings or-facilities, necessary for carrying out in the Urban Renewal Area the urban renewal objectives of said Title I in accordance with the urban renewal plan; can and will be provided in an amount which will not be less than one -third of the net project cost and which, together with the Federal capital grant, will be generally equal to the difference between gross project costs and the proceeds or value of project land sold, leased or retained for use in accordance with the urban renewal plan. Section 4. That the filing of an application by the South Bend Redevelopment Commission for approval by the United States of America to incur costs for surveys and plans for an urban renewal project in the urban renewal area describ- ed above is hereby approved. ATTEST: /s/ Freda G. Noble /s/ Stanley C Korpal City Clerk Member of the Common Council TITLE Councilman Kroll made a motion that the Resolution be Adopted. Councilman Muszynski seconded the motion. Motion carried by a roll call vote of 8 ayes, 0 nays. IYPQ OT 7TT T(NNT WHEREAS, the Common Council of the City of South Bend, is the duly elected legislative body for the Cite of South Bend anal, WHEREAS, among the various responsibilities imposed upon the City Council is the approval of all contracts and budgets, as well as the Annual Fiscal Budget and Tax Levy,.and, WHEREAS, any additional money created by a bond issue and appropriated for public improvement, such ap- propriations and contracts shall be approved by the City Council, Ordinances and resolutions shall be given to the Council forty -eight (48) hours before they are brought up in the Council for deliberation. In emergency this may be set aside by majority vote of the Council. NOW, THEREFORE, Be it resolved that all contracts and budgets be brought before the South Bend City Counci by Ordinance for their approval. /s/ Walter G. Glass /s/ Walter C. Erler, Sr. /s/ W. A. Hahn s /Albert Tellson DATED: Nov. 24th, 1958. /s/ Stanley C. Korpal /s/ Joseph T. Kroll /s/ Julius B. Christman, Jr. /s/ Chester Muszynski Councilman Muszynski made a motion for adoption of the Resolution. Councilman Glass seconded the motion. Motion carried. OLD BUSINESS: Councilman Kroll asked that the Board of Public Works and Safety investigate the Junk yards along the Grand Trunk Railroad and see if they applied for licenses and if so, if they complied with the Ordinance governing same. Councilman Tellson asked about Railroads and Mr. Andrysiak, stated that he would have the meeting as soon as he-was sure all Councilmen could be present. Mr. Muszynski stated that he wished to compliment the Railroads on their work on the crossings at Arnold, Olive, Harris and Ford Streets. Councilman Tellson asked that consideration be given to the crossing at St. Anthony :s School. He stated that there is not a cross walk at that railroad crossing and it is difficult for the children to cross the tracks. NEW BUSINESS: adjourned and Councilman Kroll made a motion that the meeting called for Tuesday, November 25, 1958, be /continued until December 1, 1958, at which time a successor be elected to fill the vacancy in the Council created by the resignation of Council - man -at -Large George W. Carr. Councilman.Pluszynski seconded the motion. Motion carried. There being no further business before the Council, Councilman Hahn made a motion to adjourn. Councilman Christman seconded the motion. Motion carried and the Regular Meeting of the Common Council adjourned at 9:31 P.M. ATTEST: r '�� PRESIDENT