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HomeMy WebLinkAbout04-10-50 Council Meeting Minutes.. • • • • • . • • • .. • • • • t.• • • /'/ .. / . • . • • . • • • • . • • • •'• .. • • • • t • • •• • • • • .. • ... • . • • . • • • . • • • • • . • • • • . • .. • • . • . • • • • . • . • • • • • • • REGULAR MEETING APRIL 10TH, 1950 Be it remembered that the Common Council of the City of South Bend, Indiana, met in regular session in the Council Chamber, Monday, April 10th, 1950, at 11x10 P.M. with all members present. President Erler presided. Councilman Glass made a motion that the regular order of business be suspended. Councilman Beetle seconded the motion. Motion carried. REPORT OF COW ITTEF_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. Meeting of March 27th, 1950. WALTER C. ERLER ) Committee STANLEY C. KORPAL ) Councilman Niezgodski made a motion that the report be accepted. Councilman Beetle seconded the motion. Motion carried. RESOLUTION A.RESOLUTION APPROVING AND AUTHORIZING THE ISSUANCE, SALE AND DELIVERY BY THE HOUSING AUTHORITY OF THE CITY OF SOUTH r BEND, INDIANA, OF CERTAIN BONDS, NOTES, INTERIM CERTIFICATES, DEBENTURES, OR OTHER OBLIGATIONS, PURSUANT TO CHAPTER 207, ACTS OF 1937, AS AMENDED, IN ORDER TO FINANCE THE CORPORATE PURPOSES 'OF THE SAID THE HOUSING AUTHORITY OF THE CITY OF SOUTH BEND, INDIANA, AND APPROVING THE PLANNING AND DEVELOP- MENT OF A HOUSING PROJECT OR PROJECTS OF NOT TO EXCEED THREE HUNDRED AND THIRTY -TWO (332) UNITS FOR FAMILIES OF LOW INCOME. Councilman k- iezgodski zimade a motion for the adoption of the resolution. Councilman Muszyz ski seconded the motion. Motion lost by a roll call vote of 4 ayes... (Korpal, Tellson, Niezgodski, Muszynski) 4 nays - (Erler, Beetle, Glass, Kemper). RECESS - llt.15 P.M. RECONVENED MEETING - 11:20 P.M. PETITION TO: The Common Council City Hall South Bend, Indiana Gentlemen: of the City of South Bend April 6, 1950 The undersigned, being the owner of all of the real estate described below, hereby petitions your Honorable Body to annex to and make a part of the City of South Bend, all of the following described real estate not already included within the limits of said city, to -wit: Attest: George N. Beamer, Secretary The West half *) of the Northwest quarter (Wli) df Section numbered Nine (9), in Township numbered Thirty -seven (37) North, Range numbered Two (2) East, containing eighty (80) acres more or less, in St. Joseph County, Indiana. GARDEN HOMS, INC. By Hubert M. Weaver, Vice- President Councilman Korpal made a motion that the petition be accepted and placed on file. Councilman Muszynski se the motion. Motion carried. PETITION We, the undersigned property owners, in the immediate vicinity of the corner of LaPorte and Sancome Ave. more particularly in the vicinity of 705 and 711 LaPorte Ave. hereby petition the City of South Bend through its honorable City Plan Commission to rezone lots lettered "B" and "C" in Davis Plat from "A"" Residential-to that of "Light Industrial ". We hereby ;consent and agree to such rezoning. 8 Signers Councilman Korpal made a motion that the petition be accepted and placed on file. Councilman Muszynski se the motion. Notion carried. PE TIT ION The Honorable City Council of the City of South Bend, Indiana Gentlemens The undersigned owner of the real estate hereinafter described does hereby respectfully request your honorable body to change the zoning classification of said property from "B" residential district and "B'" height and area district to "E" heavy industrial district and "F" height and area district. "The North 200 feet of the North East Quarter of the North East Quarter of Section No. 26, Township No. 37 North, Range No. 2 East, that lies South and East of the 26maylvania Road (formerly the Vandalia Railroad)"" y We attach hereto a map showing the location of said property together with a petition signed by the owners of real estate in the immediate vicinity requesting that such change be allowed-* Respectfully, ROYAL RUBBER CO., By: Abe Zoss, President P. Arthur Hultin Councilman Glass made a motion that the petition be referred to the City Plan Commission. Councilman Beetle seconded the motion. Motion carried. PETITION TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: The undersigned, LeVan VanParis and Irene M. VanParis, husband and wife, and Dennis S. Horvath and Mary $. Horvath, husband and wife, 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 -witr Lots numbered 149, 150 and 151 as shown on the recorded Plat, Belleville First Unit, an Addition to the City of South Bend, together with one -half of the vacated alley lying on the west side of said lot numbered 149, and Lots numbered 191 and 192 in Section "H" of Belle Village Addition to the City of South Bend, from "D" Use District and "E" Height and Area District, to "C" Use District and "E" Height and Area District, and in'support of said petition respectfully show to your Honorable Body, that all of said lots constitute the frontage on the north side of West Sample Street between Falcon and Kenmore Streets in the City of South Bend; that your petitioners, Dennis S. Horvath and Mary Be Horvath, are the owners of said Lot 151, and that your petitioners, Levan VanParis and Irene M. VanParis are the owners of all other described property; that said Lot 151 is now improved with a building in which a retail grocery and meat business is operated by said Horvaths; that said Lot 150 is used for commercial purposes in the parking of vehicles of patrons of said grocery business; that other persons desire to purchase other parcels of said property for improvement with buildings to be used for general commercial purposes; that your petitioners propose to make said entire area a general shopping center for the surrounding territory; that there has been a general request on the part of owners and occupants of real estate in the surrounding territory to provide such a shopping center. Dated at South Bend, Indiana, this 10th day of April, 19509 (Signed) LeVan Van Paris Dennis S. Horvath it Irene M. Van Paris Mary Be Horvath Councilman Tellson made a motion that the petition be referred to the City Plan Commission. Councilman Glass seconded the motion. Motion carried. PETITION To the Common Council of the City of South Bend, Indiana South Bend, Indiana April 1, 1950 'fie, whose names are subscribed hereto, being more than 501 of the residents and owners of lots abutting on Ford Street from the alley rifest of Dundee Street to the alley East of Liberty Street, being numbered as follows: Lots numbered 1523, 19524, 1467, 1468, 1466, 1465, 1409, 1410, 1411, 1412, 1355, 1356, 1354, 1353 in Summit Place 5th Addition, and 1297, 1298, 1299, 1300, 1243, 1244 in Summit Place 4th Addition, hereby petition for said lots to be rezoned from the present "Commercial" zone to "B" Residential zone. 11 Signers Councilman Korpal made a motion that the petition be referred to the City Plan Commission. Councilman Muszynski seconded the motion. Motion carried. REPORT OF CITY PLAN COMMISSION To the Common Council. City of south Bend, Indiana Gentlemen: April 10, 1950 At its. regular meeting on April 6, 1950 the City Plan Commission gave consideration to the petition of Ann Drout for change of zoning of lots on the -notth side of Westmoor St* west of Good.la nd Ave., as returned by the Common Council without approval. Motion was made and seconded that the City Plan Commission reaffirm its recommendation as made on March 2, 1950, for these reasons: 1) The remonstrators' remarks and reasons for objecting to the rezoning of the property in question did not shgW,.,that the adjacent property would be injuriously or adversely affected. 21 The lots in question do not lend themselves to residential development. Therefore the most feasible and practical use of this parcel of land is C -1 commercial which is restricted for being surrounded by residential areas. 3) The reasons stated by the Common Council for the reversal of the City Plan Commission decision do not seem to be valid inasmuch as the area used by small children as a playground is near Olive Street and approximately 1600 feet from the lots in question. Motion carried, 7 ayes, 0 noes. D. Moomaw, Seely. The ordinance from the City Plan Commission was voted on and lost by a roll call vote of 2 ayes - (Erler, Glass)- 6 nays (Korpal, Tellson, Bestle, Niezgodski, Kemper and Muszynski). REPORT OF.THFrCOMMITTEE OF THE WHOLE To the Common Council of the City of.Sou th Bends April 10, 1950 Your Committee of the Whole to whom was referred "A :Resolution approving and authorizing the issuance, sale and delivery by the Housing .authority of the City of South Bend, Indiana, of certain bonds, notes, interim certificates`, debentures, or other obligations, pursuant to Chapter 207, Acts of 1937, as amended, in order to finance the corporate purposes of the said The Housing Authority of the City of South Bend, Indiana, and approving the planning and development of a housing project or projects of not to exceed three hundred and thirty -two (332) units for families of low income". Respectfully report that they have examined the matter and that in their opinion this resolution go to the Council as read. STANLEY C. KORPAL, Chairman Councilman Muszynski made a motion that the report be accepted. Councilman Niezgodski seconded the motion. Motion carried. REPORT OF THE COMMITTEE OF THE 'WHOLE To the Common Council of the City of South Bend: April 10, 1950 Your Committee of the thole to whom was referred "An Ordinance providing for the establishment of a bureau of fire prevention, providing officers therefor and defining their powers and duties, prescribing regulations for fire prevention and life safety, and prescribing penalties for the violation of its provisions ". Respectfully report that they have examined the matter and that in their opinion -this ordinance be held in the Committee of the Whole for two weeks. STANLEY C. KORPAL, Chairman Councilman Tellson made a motion that the report 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: April 10, 1950 Your Committee of the Whole to whom was referred "An Ordinance of the City of South Bend, Indiana, authorizing the issuance and sale of bonds of said city for the purpose of providing funds to be applied on the cost of construction and improvement of sewers, and expenses incurred in connection therewith. Respectfully report that they have examined the matter and that in their opinion this ordinance should go to the Council as favorable, and that the notices of postings be placed on file. STANLEY C. KORPAL, Chairman Councilman Tellson made a motion that the report be accepted. Councilman Niezgodski seconded the motion* Motion carried. 626 II REGULAR MEETING APRIL 10TH, 1950 ORDINANCE N0. 3738 AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE ISSUANCE AND SALE OF BONDS OF SAID CITY FOR THE PURPOSE OF PROVIDING FUNDS TO BE APPLIED ON THE COST OF CONSTRUCTION AND IMPROVEMENT OF SEDERS, AND EXPENSES INCURRED IN CONNECTION THEREWITH. The Clerk presented to the Council proof of publication and posting of notice of the public hearing on the ordinance proposed to be passed and authorizing the issuance and sale of bonds of said City for the purpose of providing funds to be applied on the cost of construction and improvement of sewers and expenses incurred in connection therewith. On motion duly made, seconded and unanimously carried, said proofs of publication and posting were approved. The presiding officer then announced that the Council was ready to hear all taxpayers interested in the said ordinance. After hearing all taxpayers desiring to be heard on said ordinance, Councilman Albert Tellson moved that Ordinance No. 3738 be read a third time in full and placed upon its final passage. This motion was seconded by Councilman Stanley Korpal and unanimously carried. The Clerk then read Ordinance No. 3738 in full and Councilman Walter C. Erler moved that the ordinance be adopted as read. This motion was seconded by Councilman Cloyd Beetle and on call of the roll was passed on the following votes Ayes.-. Walter C. Brier, Stanley Korpal, Albert Tellson, Lloyd Beetle, Clem Niezgodski, Walter Glass, Alvin Kemper and Chester Muszynski. Nays: None The presiding officer-declared said ordinance to have been duly passed and adopted. Councilman Clem Niezgodski thereupon introduced Ordinance No. 3741 entitled "An Ordinance of the City of South Bend, Indiana, appropriating the sum of One Million Dollars ($1,000,000.00) to be applied on the cost of con- struction and improvement of sewers, and expenses incurred in connection therewith% and moved that the Clerk be instructed to read said ordinance in full. This motion was seconded by Councilman Albert Tellson and carried. The Clerk then read said ordinance in full. Councilman Walter C. Brier then moved that Ordinance No. 3741 be read a second time by title, and that an opportunity be given for the offering of amendments, which motion was seconded by Councilman Cloyd Beetle and carried. The Clerk then read Ordinance No. 3741 the second time by title and no amendments were offered thereto. Councilman Cloyd Bestle then moved that said ordinance be carried over for further consideration until a meeting of the Council to be held on the 24th day of April, 1950, and that a public hearing be held on the 24th day of April, 1950, and that a public hearing be held on said ordinance at that meeting; that the City Clerk be instructed to- publish a notice to taxpayers of such public hearing once each week for two weeks in :the South Bend 'Tribune and-South Bend Mirror, the same being newspapers published in the City of South Bend and representing the two leading political parties, and to post said notice in three public places in said City, the first publication and posting to be at least ten (10) days prior to said date. This motion was seconded by Councilman Clem Niezgodski and on call of the roll was adopted by the following votes Ayes: Walter C. Brier, Stanley Korpal, Albert. Tellson, Cloyd Bestle, Clem Niezgodski, Walter Glass, Alvin Kemper and Chester Muszynski. • Nays: None The presiding officer declared said motion carried and instructed the City Clerk to publish and post notice of said public hearing as provided in the foregoing motion. ORDINANCE NO. 3739 AN ORDINANCE AMENDING ORDINANCE NO. 3702 OF THE ORDINANCES OF THE CITY OF SOUTH BEND, INDIANA. .� (Lots 23, 24, 25, 27, 28, 29, 30 and 31 in Leeper's 2nd Addition) The ordinance was given third reading and passed by a roll call vote of 8 ayes - 0 nays. ORDINANCE N0, 3740 AN ORDINANCE ANNEXING TO AND MAKING A PART OF THE CITY OF SOUTH 'BEND, INDIANA, CERTAIN REAL ESTATE IN SECTION (9), TOFNSHIP (37) NORTH, RANGE (2) EAST, IN ST. JOSEPH COUNTY, INDIANA. The ordinance was given first reading by title and second reading in full. Councilman Muszynski made a motion for suspension of rules. Councilman Niezgodski seconded the motion. Motion carried by a roll call vote of 8 ayes - 0 nays* ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 3702 COMMONLY KNOWN AS THE ZONING ORDINANCE. (Lots 315, 316, 317, 321, 322 and 323 in Samuel Cottrell's 1st Addition excepting the West 55 feet of Lot 315 and the West 55 feet of the North 11 feet of Lot 316 ) Moved by Councilman Kemper, at the request of the petitioner, Mr `.Hbhry Hukill, that the petition be withdrawn. Councilman Glass seconded the motion. Motion carried. REGULAR ORDINANCE ING AN ORDINANCE AMENDING ORDINANCE NO. 5702 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA. (Lots B and C in Davis Plat to the City of South Bend) APRIL 10TH, 1950 The ordinance was given first reading by title and second reading in full. Councilman Niezgodski made a motion that the ordinance be referred to the Committee of the Whole on April 24th. Councilman Muszynski seconded the motion. Motion carried. There being no further business before the Council, Councilman Niezgodski rode a motion to adjourn, which motion was seconded by Councilman'Tellson. Motion carried, and Council adjourned at 11:57 P.M. ATTEST: CLERK. APPROVED: PRESIDENT 627