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HomeMy WebLinkAbout06-12-50 Council Meeting Minutes.. REGULAR MEETING JUNE 12TH, 1950 Be it remembered that the Common Council of the City of South Bend, Indiana, met in regular session in the Council Chamber, Monday, June 12th, 1950, at 8:20 P.M. with all members present. President Erler presided. REPORT OF CMITTEE ON MINUTES To the Common Council of the City of South Bend: June 12, 1950 Your Committee on the inspection and supervision of the minutes, w)uld 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 May 22nd, 1950. (Signed) WALTER de, ERLER ) " CLEM NIEZGODSKI) Committee STANLEY KORP!f.L ) Councilman Tellson made a motion that the report be accepted. Councilman Glass seconded the motion. Motion carried. PETITION OF THE CROWN DEVELOPMENT COMPANY, INC. DIRECTED TO THE CCUM N COURFI—LOF THE CITY OF SOUTH BEND, INDIANA. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: The Crown Development Company, Inc., sole and only owners of the property heretofare..platted as Miami Hills Addition, the layout of said addition being attached hereto, made part hereof, and marked Exhibit "A ", hereby respectfully petition the Common Council to amend and supplementthe present zoning ordinance No. 3702 by the adoption of an ordinance zoning all lots in said Addition as "A" Residential District, and "A" Height and Area District, excepting Lots Seventeen (17) and Eighteen (18), which it is respectfully petitioned be zoned as "C -l" Commercial District and "D" Height and Area District. The property above referred to has been legally annexed to the City of South Bend, Indiana. Dated this 9th day of June, 1950. THE CROWN DEVELOPMENT COMPANY, INC. By Joseph A. Roper, Its Attorney and Agent Councilman Niesgodski made a motion that the petition be referred to the City Plan Commission. Councilman Korpal seconded the motion. Motion carried. PE TIT ION TO THE COMMON COUNCIL AND THE CITY PLAN COMMISSION OF THE CITY OF SOUTH BEND:. The undersigned, Anthony Albano, Bennedietta Albano, husband and wife, Edward F. Thoman, Cloyd A. Bestle and MaH a Bestle, husband and wife, and Cloyd Beetle, Jr. and Sylvia L. Beetle, husband and wife, hereby petition for change of zoning classification .of the following described real estate situated in the City of South Bend, St. Joseph. County, Indiana, to -grit: Lots numbered 54, 55, 56, 57, 58 and 59 as shown on the recorded Plat of Augustine's Addition to the City of South Bend, and the south one -half of the vacated alley extending along the north end of said Lots numbered 57, 58 and 59, from "B" Use District and "A" Height and Area District to "C" Use District and "E" Height and Area District:, and of the following described real estate situated in St.- Joseph County, Indiana, to -wit: • REGUTA R FETING JUNE 12TH, 1950 Lots Numbered Sixty (60) and Sixty -one (61) as shown on the recorded Plat of Au gustine's Addition to the City of South Bend and the north one -half of the vacated alley extending along the south side of said Lot numbered 60, from "A" Use District and "A" Height and Area District to "A -1" Use District and "A" Height and Area District. In support of said petition, your petitioners respectfully show that Anthony Albano and Bennedictta Albano, husband and wife, are the owners of Lots 54, 55 and 56 in said Addition, extending from the intersection of Collee Street and Lincoln way 'Kest to the first north and south alley, and. that Lots 54 and 55 are now zoned as "C Use District and "D" Height and Area District; that Lot 57 is owned by Edward F. Thoman; that Lots 58, -60 and 61 are owned by-Cloyd A. Beetle and Marie Bestle, and that Lot 59 is owned by-Cloyd Beetle, Jr. and Sylvia L. Beetle; that Lots 56 to 59, inclusive, are now zoned "B" Use and "A" Height and Area; that Lots 60 and 61 are.now zoned "A" Use and "A" Height and Area; that the real estate sought to be rezoned, together with Lots 54 and 55 already zoned commercial, constitute the entire frontage on the north side of Lincolnway West between College Street on the East and Brookfield Street on the west and two lots on Brookfield Street immediately north of the lots fronting on .Li.neolnway West; that many of the lots in the vicinity of the subject real estate are now zoned and used for commercial purposes. Dated this 12 day of June, 1950. (Signed) Anthony Albano " Bennedictta Albano Edward F. Thoman Cloyd A. Beetle " Marie Bestls " Cloyd Bestle, Jr. Couneilmsn Korpal made a motion that the petition be referred to the City Plan Commission. Councilman Muszynski seconded the motion. Motion carried. PETIT ION The undersigned would represent and show to the Commission that he is the owner of an equitable interest represented by a contract of purchase in the following described real estate situate in the City of South Bend and State of Indiana, to -wit: Lot numbered nineteen (19) and the East half of lot numbered twenty (20) in Evans Subdivision of Bank Out lot numbered eighty -eight (88) an Addition.to the City of South Bend. The undersigned petitioner would further represent and show to the Commission that the record title owner of said real estate is William A. Dugdale, a resident of the City of South Bend, State of Indiana, and that in addition thereto your petitioner is a resident of the City of South Bend, State of Indiana. Your petitioner would-further represent and show to this Honorable Board that it is his desire and he does hereby request that after proper notice to the public and a public hearing on said matter that said parcel of real estate be zoned from its_.present zoning of residential to commercial. Your petitioner would further show to the Board that said property is located in the ten hundred block of West Washington Street in said City, abuts on said street, and is further described as being a 'meant lot immediate west of the City Natatorium, all of which is shown on a diagram attached hereto and made a part hereof. That in the immediate neighborhood and more particularly across the street and in the adjacent block to the west, the use pattern is substantially commercial and as a result of said use pattern in the immediate vicinity, a residential zoning of your petitioner's parcel precludes his full enjoyment of said real estate. Your petitioner would further show to this Honorable Board that by reason of said real estate being located directly to the west of said City Natatorium and being a vacant lot that the users of said Natatorium use said property for parking purposes even though your petitioner has posted signs clearly marked "No Parking" and has even attempted to fence said property in, all to no avail. And that further your petitioner is prevented from charging the general public for the use, of his property for the reason that it is zoned residential and to make a- charge for its use as a parking lot Would be a commercial use of said property. Your petitioner would further show this Honorable Board that he has repeatedly offered said real estate for sale at favorable prices for a residential use and that he has been unable to sell said real estate for said purpose. WHEREFORE Your petitioner prays that proper notice be published and that a hearink be had on said petition on the day of July, 1950, and that said real estate be zoned from its present use classification of residential to a cTassifieation of commercial for the reasons heretofore set forth and for all other and proper action. (Signed) JACOB WILD By 2obert J. DuComb, His Attorney Councilman Tellson made a motion that the petition be referred to the City Plan Commission. Councilman Muszynski seconded the motion. Motion carried. REPORT OF THE COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: June 12, 1950 Your Committee of the Thole to whom was referred "An Ordinance reducing certain items in the sum of $1,860.00 in the 1950 budget of the Traffic Department and appropriating said amount to other items of the 1950 budget of said department, and declaring an extraordinary energency". Respectfully report that they have examined the matter and that in their opinion this ordinance should go to the Council as favorable. STANLEY C. KOWAL, Chairman Councilman Glass made a motion that the report be accented. Councilman Muszynski seconded the motion. Motion carried. REPORT OF THE COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend; June 12, 1950 Your Committee of the Whole to whom was referred "An Ordinance appropriating the sum of $498.50 from the General Fund of the Civil City of South Bend, Indiana, to Account No. V -251, Repairs to Buildings and Structures, Electrical Department ". Respectfully report that they have examined the matter and that in their opinion this ordinance should go to the Council as favorable. STANLEY C. KORPAL, Chairman Councilman Niezgodski made a motion that the report be accepted. Councilman Bestle seconded the motion. Motion carried. REPORT FROM CITY PLAN COMMISSION To the Common Council City of South Bend, Indiana Gentlemen: June 5, 1950 Petition of R. E. Bullard, et al for change of zoning of property on the north side of Lincolnway West from Meade Street to Kaley Street was given public hearing by City Plan Commission April 6; 1950. This change is not recommended. CITY PLAN COMMISSION D. Moomaw, Secretary Councilman Korpal made a motion that the report be accepted and placed on file. Councilman Bestle seconded the,-motion. Motion carried. REPORT FROM CITY PLAN COMMISSION To the Common Council City of South Bend, Indiana June 5, 1950 Gentlemen; Petition for change of zoning of Lots 149, 150 and 151 in Belleville First Unit together with a parcel of land 117 feet on W. Sample St. and 123.36 feet north and south and located at the NE corner of W. Sample St. and Kenmore St. from D light industrial district to C commercial district was given Public Hearing by the City. Plan Commission on May 4, 1950. This change is recommended as petitioned for. This property is on the north side of W. Sample St.from Falcon to Kenmore Street, CITY PLAN COMMISSION D. Moomaw, Secretary Councilman Tellson made a motion that the report be accepted and placed on file. Councilman Glass seconded the motion., Motion carried. ORDINANCE NO. 3753 AN ORDINANCE TO AMEND ORDINANCE NO. 3702, AS AMENDED, VoHICH ORDINANTCE .IS COMMONLY CALLED THE ZONING ORDINANCE OF THE CITY OF_SOUTH BEND. (Lot 149 -150 -151 as shown on the Recorded Plat of Belleville First Unit, etc.) The ordinance was given first reading by title and second reading in full. Councilman Niezgodski made a motion for suspension of rules. Councilman Muszynski seconded the motion. Motion carried by a roll call vote of 8 ayes - 0 nays. The ordinance was given third reading and passed by a roll call vote of 8 ayes - 0 nays. REPORT FROM CITY PLAN COMMISSION To the Common Council City of South Bend, Indiana Gentlemen: June 5, 1950 Petition for change of zoning of Lots 361, 362, 363, 364, 365 and 366 in Colonial Gardens received public hearing by the City Plan Commission on May 4, 1950. This change is recommended as petitioned for. These lots are on north side of Mishawaka Avenue from 33rd to 34th Street. CITY PLAN COMMISSIONI D. Moomaw, Secretary Councilman Korpal made a motion that the report be accepted and placed on file. Councilman Glass seconded the motion._ Motion carried. ORDINANCE NO. 3754 AN ORDINANCE APPENDING ORDINANCE NO. 3702 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA. (Lots 361, 382; 363, 364, 365 & 366 in Colonial Gardens) The ordinance was given first reading by title and second reading in full. Councilman Glass made a motion for susspension of rules." Councilman Norpai seconded the motion.. 'Motion carried by a. roll cdll vote o ' 8 • ayes The ordinance was given third reading and passed by a roll call vote of 8 ayes - 0 nays. i� MEETING ORDINANCE N09 3755 AN ORDINANCE REDUCING CERTAIN ITEMS IN THE SUM OF $1,860.00 IN THE 1950 BUDGET OF THE TRAFFIC DEPARTMENT AND APPROPRIATING SAID AMOUNT TO OTHER ITEMS OF THE 1950 BUDGET OF SAID DEPARTMENT, AND DECLARING AN EXTRAORDINARY EMERGENCY. The ordinance was given third reading and passed by a roll call vote of 8 ayes - 0 nays. ORDINANCE NO. 3756 AN ORRDINANCE APPROPRIATING THE SUM OF $498.50 FROM THE GENERAL FUND OF THE CIVIL CITY OF SOUTH BEND, INDIANA, TO ACCOUNT N0. V -251, REPAIRS T0, BUILDINGS AND, STHUCTURES, ELECTRICAL DEPARTMENT•. The ordinance was given third reading and passed by a roll call vote of 8 ayes - 0 nays. ORDINANCE AN ORDINANCE AMENDING SECTION 816 -A -g, SECTION 822 -B, AND SECTION 822 -C OF ORDINANCE NO. 2243, COMMONLY KNOWN AS THE BUILDING CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED BY SUBSEQUENT ORDINANCES. 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 for public hearing on July 10th, 1950, at 87.-,O0 P.M. Councilman Korpal seconded the motion. Motion carried. NEW BUSINE-SS Councilman Niezgodski made a motion that City Attorney Frederick K. Baer make a thorough study of rerouting of oil trucks and report back to the Council on July 24th. Councilman Muszynski seconded the motion. Motion 'carried. There being no further business, Council adjourned at 1OzO0 P„M. ATTEST: CL APPROVED: .G e 4