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HomeMy WebLinkAbout05-23-49 Council Meeting MinutesBe it remembered that the Common Council of the City of South Bend, Indiana, met in regular session in the Council Chamber, May 23rd, 1949, at 8 :20 P.M. with all members present except Councilman Niezgodski. President Erler presided at the meeting. The reading of the mirmtes of the previous meeting was waived. COMMUNICATION To the Common Council City of South Bend, Ind. Gentlemen: May 19, 1949 The accompanying ordinance is the revision of the South Bend Zoning Ordinance as prepared by the Joint Committee of the City Plan Commission and the Board of Zoning Appeals. The Joint Committee has submitted this revised ordinance to the City Plan Commission and a public hearing has been held as prescribed by the Indiana Planning Law. At a special meeting on May 17, 1949, the City Plan Commission recommended this ordinance for passage and submits it to the Council with this recommendation. As this revision of the ordinance originated in the City Plan Commission, it will not be necessary to refer it to that body for further consideration or action. The books of zoning maps accompanying the ordinance show the zoning of the city as of this date. These books should be kept in the office of the City Clerk for public reference. The City Plan Commission, D. Moomaw, Seely. Councilman Korpal made a motion that the communication be accepted and placed on file.. Councilman Muszynski seconded the motion. Motion carried. PETITION T0: THE B04RD OF PUBLIC WORKS AND SAFETY OF THE CITY OF THE SOUTH BEND, INDIANA: AND THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA. PETITION TO CONDEMN AN AREA FOR THE EXTENSION AND IMPR OVEMERT OF WEST CALVERT STREET. Pursuant to law, the undersigned property owners, residents and interested parties, residing in the South- western section of the City of South Bend, Indiana, do hereby respectfully petition your Honorable Bodies to condemn a part of the area located in the Middle Part of the Eastern One -Half (r) of the Southwest Quarter (S) of Seetion'Number Fourteen (No. 14), Township Thirty -seven (37) North, Range Two (2) East situate in the City of South Bend, St. Joseph County, Indiana, for the purpose of extending and improving West Calvert Street from Kemble Avenue west through said area to Prairie Avenue. The petitioners herein respectfully show that West Calvert Street does not extend west from Kemble Avenue and that there is at the present time heavy traffic moving west on Calvert Street creating a dangerous and ha zardouj Tcondition of eftgestion at-the intersection of said West Calvert Street with Kemble Avenue. That there is only one street in the Southwestern Part of the City of South Bend, Indiana, serving as an Eastern and Western traffic artery, which street is Indiana Avenue, a very narrow street, which is heavily traveled by vehicular traffic at all times. And the condition there existing on said Indiana Avenue is dangerous, hazardous and perilous to pedestrians as well as to vehicular travelers on said street, and a continuation of said West Calvert Street „would greatly relieve the over burdened condition existing on said Indiana Avenue. The said continuation of said Test Calvert Street would also relieve heavy congestions of traffic and dangerous conditions of travel at other intersections in the vicinity, viz: Prairie Avenue and Indiana Avenue, Prairie Avenue and Dubail Street, Kemble.Avenue and Indiana Avenue, Kemble Avenue and Dubail Street. IMEREFORE, the undersigned respectfully pray your Honorable Bodies to condemn an area of sufficient length and width to permit the extension and improvement of said West Calvert Street from Kemble Avenue to Prairie Avenue in the City of South Bend, Indiana. (Signed) Chester F. Muszynski Cloyd A. Bestle, Sr. Walter G. Glass A. Kemper Stanley Co Korpal We C. Erler Albert Tellson Councilman Musty nski made a motion that the petition be accepted and placed on file. Councilman Tellson seconded the motion. Motion carried. PETITION STATE OF INDIANA ) SS PETITION FOR REZONING ST, JOSEPH COUNTY ) TO THE COMMON CCANCIL OF THE CITY OF SOUTH BEND: The undersigned, Harry Verkler and Fl6rence Z. Verkler, hereby petition for the change of zoning classification of the following described real estate situated in the City of South Bend, St. Joseph County, State of Indiana, to-wit: Lot numbered 39 as shown on the recorded plat of A. He Cushing Addition to the City of South Bend from "B” Use District and "B" Height and Area District to "C" Use District and "D" Height and Area district, and in support of said petition respectfully show to your Honorable Body that they are the owners in fee simple of said above described real estate. That said lot is 72.65 feet in width on the south end and 67 Feet on the north end and 152.5 feet in length on the west side and 180.35 feet in length on the east side;'that said lot is not improved at this time and that all other lots on the north side of Lincoln Way West within said block are improved with dwelling houses; that Tony of the lots in the vicinity of the subject real estate are now used for commercial purposes. Dated at South Bend, Indiana, this 23rd day of May, 1949. HARRY VERKLER FLORENCE Z. VERKLER By: Paul M. Butler, Their Attorney Councilman Tellson made a motion that the petition be referred to the City Plan Commission. Councilman Glass seconded the motion. Motion carried.. DEPORT OF THE COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: May 23, 1949 Your Committee of the 'Whole to whom was referred "AN ORDINANCE APPROPRIATING FROM THE GENERAL STREET AND TRAFFIC FUND OF THE CITY OF SOUTH BEND, INDIANA, THE SUM OF ONE THOUSAND THREE HUNDRED ( #1,300.00) DOLIARS TO THE FOLLOWIZ£G ACCOUNT OF THE 1949 BUDGET: STREET DEPARTMENT, S -51, .INSURANCE, .AND DECLARING AN EXTRA- ORDINARY EyE.RGENCYe. Respectfully report that they have examined the matter and that intheir opinion this ordinance should go to the Council as favorable. STANLEY C. KORPAL, Chairman Councilman Kemper made a motion that the report be accepted. Councilman Glass seconded the motion. Motion carried. REPORT OF CITY PLAN COMMISSION To the Common Council City of South Bend, Indiana Gentlemen: May 23, 1949 Petition of John L. and Sadie 9, Worden for change of zoning of an unplatted tract of land at the Southeast corner of E. Colfax Ave. and Eddy St. from A & B residence districts and A height and area district to B residence and B height and area district. At the regular meeting of City Plan Commission this change was recommended. Report on this action has been delayed for a more accurate description of the property as follows: Beginning at the Southeast corner of Colfax Ave. and Eddy St., thence East 158.57 feet; thence South 183.52 feet; thence 'nest 158.73 feet to the East line of Eddy St., thence North 183.52 feet to the place of beginning. D. Moomaw, Secretary Councilman Tellson made a motion that the report be accepted. Councilman Muszynski seconded the motion. Motion carried. REPORT OF BOARD OF PUBLIC WORKS AND SAFETY Members of the Common 'Council Council Chambers, City Hall May 23, 1949 South Bend, Indiana Gentlemen: Attached hereto please find copies of reports submitted by Mr. William Qualls, Electrical Superintendent, for street lights at the following locationss Roberts and Ruskin Streets, Marshall Avenue ant 35th Street, one midway between Marshall Street and Washington Street. Mr. Qualls informed the Board that lights ordered in at Miner Street and 'ftlsh Streets and the light at Sunnyside be switched to the north section of the jog, Falcon and Jefferson Streets, Walnut Street between Huron and Western Avenue, Linden and Fremont Streets, Meade Street at Bond's Avenue, Beyer Street and Eddy Street, Longley and Huey Streets,.'homas and Maple Streets, Marietta Street between Dubail and Dayton Streets, have been installed and are now in service. Very truly yours, BOARD OF PUBLIC WORKS AND SAFETY Fred G. Noble, Clerk Councilman Glass made a motion that the report be accepted. Councilman Korpal seconded the motion. Motion carried. REPORT OF THE CITY CONTROLLER OF THi CITY OF SOUTH BEND, INDIANA, FOR THE MONTH OF APRIL, 1949 Balance on hand first of month 2,228,474.80 Receipts during month 1,183,524.50 Disbursements . . . . 531,164.33 Balance April 30, 1949 2,880,834.97 Councilman Muszynski made a motion that the report be accepted. Councilman Kemper seconded the motion. Motion carried. REPORT OF STREETS, ALLEYS, AND BRIDGES COMMITTEE Councilman Glass, Chairman of the Streets, Alleys and Bridges Committee, reported to the Council on the findings of the Committee, with the recommendation that the Board of Works contact the Oliver Farm Equipment Company relative to their trucks coming in on Sample Street instead of Grace Street in order to eliminate traffic hazards. Councilman Tellson made a motion that the report be accepted. Councilman Korpal seconded the motion. Lotion carried. 558 ORDINANCE NO. 3699 MAY 23RD, 1949 AN ORDINANCE APPROPRIATING FROE! THE GENERAL STREET AND TRAFFIC FUND OF THE CITY OF SOUTH BEND, INDIANA, THE SUM OF ONE THOUSAND THREE HUNDRED 01,300.00) DOLLARS TO THE FOLLrWING ACCOUNT OF THE 1949 BUDGET: STREET DEPARTMENT, S -51, INSURANCE, AND DECLARING AN EXTRAORDINARY M&WENCY- The ordinance was given third reading and passed by a roll call vote of 7 ayes - 0 nays - 1 absent (Niezgodski) ORDINANCE AN ORDINANCE APPROPRIATING FROM THE GENERAL STREET AND TRAFFIC FUND OF THE CITY OF SOUTH BEND, INDIANA, THE SUM OF SEVENTY SEVEN THOUSAND (#77,000.00) DOLLARS TO THE FOLLOWING ACCOUNTS OF THE 1949 BUDGET: STREET DEPARTMENT, 5- 251•C, REPAIRS AND IMPROVEMENTS TO STREETS, #57,000.00, ALSO TO ACCOUNT 5 -711, BUILDINGS, #20,000.00, AND DECLARING AN EXTRAORDINARY M ERGENCY- The ordinance was given first reading by title and second reading in full. Councilman Muszynski made a motion that the ordinance be referred to the Committee of the Whole for Public Hearing on June 13th, 1949, at 8:00 P -M. Councilman Glass seconded the motion. Motion carried. ORDINANCE' AN ORDINANCE AMENDING ORDINANCE NO. 2331 COM&:ONLY KNOYM AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA. (Southeast corner of Be Colfax & Eddy St.) The ordinance was given .first reading by title and second reading in full. Councilman Tellson made a motion that,the ordinance be referred to the Committee of the Whole at their next regular meeting on June 13th, 1949. Councilman Bestle seconded the motion. Motion carried. ORDINANCE AN ORDINANCE TO REGULATE AND RESTRICT-THE L ©CATION OF TRADES, CALLINGS, INDUSTRIES, COMMERCIAL ENTERPRISES, AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIED USES; TO REGULATE AND LIMIT THE HEIGHT OF BUILDINGS HEREAFTER ERECTED OR ALTERED; TO REGULATE AND DETERMINE THE AREA OF YARDS AND OTHER OPEN SPACES ABOUT BUILDINGS; TO REGULATE AND DETERMINE THE DENSITY OF USE OF LAND AND LOT AREAS, AND FOR SAID PURPOSES TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE PENALTIES FOR THE VIOLATION OF ITS PROVISIONS AND TO PROVIDE FOR ITS ENFORCEMENT AND A BOARD OF ZONING APPEALS. The ordinance was given first.reading by title and second reading in full. Councilman Kemper made a motion that the ordinance be referred to the Ordinance Committee and members of the Council for review on May 27th, 1949 to make necessary revisions and report back to Committee of the Whole on June 13th, 1949, Councilman Korpal seconded the motion. Motion carried. There being nd further business, Council adjourned at 9 :30 P.M. upon motion of Councilman KoIrpal, seconded by Councilman Glass. Motion carried. ATTESTs CL RK APPRO IDENT E