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HomeMy WebLinkAbout10-24-49 Council Meeting MinutesMEETING OCTOBER 24TH, 1949 Be it remembered that the Common Council of the City of South Bend, Indiana, met in regular session in the Council Chamber, Monday, October 24th, 1949, at 8:.10 P.M. with all members present. President Erler presided at the meeting. 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 inspected the minutes of the previous meeting of the Council and found them correct. They therefore recommend that the same be approved. Regular Meeting: October 10th, 1949. Councilman Glass made a motion that the report be accepted. carried. PETITION Tor The City Planning Commission City Hall South Bend, Indiana Gentlemen: WALTER 0. ERLER) Committee ALBERT TELLSON ) Councilman Bestle seconded the motion. Motion We, the undersigned, Albert E. Tellson and Gladys Tellson, are the owners of the dwelling located at 1201 Diamond Avenue in °the City of South Bend, Indiana.• We would like•to make a dual dwelling out of said home and request the same be changed from "A" Residential District and *A" Height and Area to "A -l't Residential District and "A" Height and Area. (Signed) ALBERT Be TELLSON GLADYS TELLSON Councilman Glass made a motion that the petition be referred to the City Plan Commission. Councilman Kemper seconded the motion. Motion carried. PETITION STATE OF INDIANA } SS. CITY OF SOUTH BEND ) IN THE MATTER OF THE 'REZONING OF PART OF AN AREA BOUNDED BY ELWOOD AVENUE, PORTAGE AVENUE, NEW YORK CENTRAL RAILROAD COMPANY RIGBT -OF -WAY AND LAND OF DREWRYS LIMITED U S A INC. PORTAGE REALTY CORPORATION alleges: BEFORE THE PLAN COMMISSION 1. `"1t is the owner in fee simple of a tradt containing approximately nine and one -half (9Q) acres, which is bounded on the North by Elwood Avenue, on the Northeast by Portage Avenue, on the Southeast by the New York Central Railroad Companyts right-of-way and on the west by land owned by Drewiys Limited U S A Inc. 2. That part of said area bounded by Elwood Avenue, Portage Avenue, said right-of-way line and a line parallel to the Southwesterly line of Portage Avenue and distant Southwesterly one hundred fifty (150) feet therefrom is presently zoned as "C" Use District and "D't height and Area District. 30 The remainder/6f the area referred to in paragraph 1 is presently zoned "A" Use District and "A" Height and Area District, such particular part being that bounded by a line running as follows: Commencing at a point on the South line of Elwood Avenue, three hundred sixty -three and four tenths (363.4) feet West of the intersection of that line with the Southwesterly line of Portage Avenue; thence East to a point of intersections of the South line of Elwood Avenue with a line parallel to and•distant Southwesterly one hundred fifty (150) feet from said Southwesterly line of Portage Avenue; thence Southeasterly parallel to said Southwesterly line of Portage to the Northwesterly line of the right-of-way of the New York Central Railroad Company; thence Southwesterly along said Northwesterly line of said right -of -way to a point one thousand sixty -three and seven tenths (1063.7) feet from the intersection of the Southwesterly line of Portage Avenue and said Northwesterly line of said right -of -way; thence North one thousand one hundred eighty -four and seventeen hundredths (1184.17) feet to the place of beginning. 4. The area described in para5raph 3 has been for many years and is.now vaoant and is wholly unproductive both to petitioner and to the ity of South Bend. Its best use both from the standpoint of the interests of petitio'Yand of the public is clearly not that comprehended rec ncie 'Lin the present soning classificati of a.A" use District and "A" Height and Area District. 5. Petitioner proposed to develop the- -area referred to in paragraph 3 as a rental housing project with the cooperation and subject to the approval of the Federal Housing Administration. Such administration has already prepared an initial and suggested revised plan, the latter being dated September 27, 1949, and is.now engaged in the preparation of further revisions. 6. Petitioner prpposes to develop said residential area in a manner consistent with the zoning and other ordinances of the City of South Bend but in view of the very substantial cost of engineering and architectural fees involved Whe preparation of a formal plat intends to defer such preparation to a time subsequent to the rezoning of said residential area as "B" Use District and "B" Height and Area District. 7. Petitioner has already employed a registered and competent engineer to make preliminary study and a topographical survey for use in the further laying out and planning of.sueh development. 8. Petitioner is able and willing to establish a setback line reasonably sufficient for the protection of the development of Elwood. Avenue as an arterial highway. WHEREFORE, petitioner prays that the Plan Commission. FIRSTS Enter upon an appropriate investigation of the matters presented hereby; SECOND: Conduct such public hearing as it may deem necessary; THIRD: Reach conclusions in conformity herewith; and FOURTH :, Petition the Common Council for the amendment of Ordinance No. 3702 substantially in conformity with suggested form of ordinance attached hereto and filed herewith. PORTAGE REALTY CORPORATION By: Jones, Obenchain & Butler, Its Attorney Councilman Bestle made a motion that the petition be- referred to the City Plan Commission. Councilman Glass seconded the motion. Motion carried. REPORT OF BOARD OF PUBLIC WORKS AND SAFETY Members of the Common Council Council Chambers, City Hall South Bend, Indiana Gentlemen: October 21, 1949 Attached hereto please find copies of reports submitted by Mr. William Qualls, Electrical Superintendent, for street lights at the following locations: Altgeld and Caroline; Altgeld and Crest. and Altgeld and the south entrance' to Sampson Street; Morris and Prairie; Morris and Ewing; change to 4000 lumen light at Morris and Donald; Ewing Avenue at Rum Village Park; Harris and Ford; Poland and Trade Court; 28th; 29th; 30th; 31st; 32nd between North Side Boulevard and Pleasant Street and at the intersection of 29th and Northside Blvd. and 29th and Pleasant Street,-.Lebanon between Indiana Avenue and Broadway. Mr. Qualls informed the Board that lights ordered in at 32nd and Northside Boulevard; .Angela ind North Shore Drive; Bryan and Darwin Streets; Lathrop Street at Parkview Place; Liberty and Sample; 1000 lumen light at Huron Street and the alley west of Olive Street; 1000 lumen Light at the alley in the rear of St. Adalbert's Rectory; Huey and Marquette and at the intersection of Lafayette and Broadway have been installed and are now in service. Very truly yours, BOARD OF PUBLIC WORKS AND SAFETY Freda G. Noble, Clerk Councilman Glass made a motion that the report be accepted. Councilman Tellson seconded the motion. Motion carried. REPORT OF CITY PLAN COMMISSION To the Common Council City of South Bend, Ind. October 8, 1949 Gentlemen: On Oct. 6th, 1949 the City Plan Commission held a public hearing on an Ordinance to change the zoning..of Lots No. 5, 6, 7, 8, 9, 10, 11, 120 13 in Morris Park Addition and Lots 117, 118, 119, 187, 188, 189 in Northwest Second Plat from B residence and A height and area districts to C commercial and D height and area district. The accompanying remonstroLnee was filed by property owners in that vicinity against this change. The City Plan Commission recommends this change. These lots are on Portage .Ave. between Bulla St* on the westerly side and Kinyon St* including two lots North of Kinyon St. and on the easterly side between Queen St. and Kinyon St. CITY PLAN COMMISSION D. Moomaw, Sec'Jy. Councilman Glass made a motion that the report be accepted and placed on file. Councilman Bestle seconded the motion. Motion carried, ORDINANCE E AN ORDINANCE AMENDING ORDINANCE N0. 3702, COMMONLY KNOWN AS THE ZONING ( RDINANCE. The ordinance was given third reading and lost by a roll call vote of I aye - 7 nayes - Erler, Korpal, Tellson, Bestle, Glass, Kemper and Muszynski. MOTION FOR RECESS Councilman Niezgodski made a motion for a five minute recess. Councilman Korpal seconded the motion. Motion Carried, and Council adjourned at 9:20 P.M. RECONVENED MEETING Council reconvened at 9:25 P.M. ORDINANCE AN ORDINANCE REDUCING CERTAIN ITEMS IN THE 1949 SOUTH BEND, INDIANA, MUNICIPAL CIVIL CITY BUDGET IN CERTAIN DEPARTMENTS AND OFFICES THEREOF, AND REAPPROPRIATING SAID REDUCED SUMS TO CERTAIN OTHER BUDGETARY ITEMS OF THE 1949 MUNICIPAL CIVIL CITY BUDGET OF SOUTH BEND, INDIANA, AND DECLARING AN EXTRAORDINARY EMERGENCY.... 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 November 14th, 1949, at 8:00 P.M. Councilman Korpal seconded the motion. Motion carried. 587 REGULAR MEETING OCTOBER 24TH. 1949 REASONS FOR REJECTING THE RECOMMENDATIONS OF THE CITY PLAN COMMISSION'S PROPOSED AMENDMENT OF ORDINANCE N0. 3702 TO CHANGE THE ZONING CLASSIFICATION OF LOTS 5 -, 6, 79 8, 9, 10, 11, 12 AND 13 IN MORRIS PARK ADDITION AND LOTS 1170 118, 119, 187, 188 AND 189 IN NORTHWEST SECOND PLAT FROM B RESIDENCE AND A HEIGHT AND .AREA. DISTRICTS TO C COMMERCIAL AND D HEIGHT AND AREA DISTRICTS. As of the Council Meeting, October 10, 1949, a motion by Councilman Niezgodski set this Amendment to the Zoning Ordinance for third reading for the 24th day of October, 1949. This two week period provided the Council an opportunity to study all the details of this petition, and also to weigh the merits of the objections. It should be a matter of record that this Rezoning Petition had a public hearing in the City Plan Commission, at which time, only a few objections were raised.- The City Plan Commission felt that the need and benefits for commercial property in this area outweighed the objections. However, at the public hearing in the Council, an overwhelming sentiment by the residents in this community was registered against this petition. The Council feels that the City Plan Commission was not given the true picture by the failure of the people in this community to object to this petition at the proper time. Therefore, recognizing the City Plan Commission's attempt at good planning, we, the Council, feel that the area is developing toward Commercial. However, the remonstrance by the residents plainly shows that the rezoning to Commercial at this time, is premature. Therefore, we feel that the recommendations of the City Plan Commission should be rejected. Approved by the Common Council of the City of South Bend, Indiana, October 24th, 1949, FALTER C. ERLER, SR., President Councilman Glass made a motion that the reasons for rejecting the City Plan Commission's recommendations be approved by the Council and sent back to the City Plan Commission with the rejected ordinance. Councilman Beetle seconded the motion. Motion carried. MOTION Mr. W. F. Davis, Superintendent of the New York Central Railroad, Chicago, appeared before the 'Council with other railroad officials and stated that the railroad has complied with the city railroad agreed program of improvement in all but two oases. Councilman Niezgodski made a motion that the Board of Public Works and Safety arrange a meeting of all three railroads (New York Central, Grand Trunk, New Jersey, Indiana & Illinois) with the board. Councilman Musyynski seconded the motion. Motion carried.. There being no further business before the Council, Councilman Niezgodski made a motion to adjourn, which motion was seconded by Councilman Tellson. Motion carried, and 'Council adjourned at 10.05 P.M. ATTESTS CLERK APPROVED: