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HomeMy WebLinkAbout07-10-50 Council Meeting MinutesREGULAR MEETING JULY 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, July 10th, 1950, at 8 :47 P.M. with all members present. President Erler presided. 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. (Signed) WALTER C. EILER, SR. } " Clem Niezgodski ) Committee Stanley C. Korpal ) Councilman Tellson made a :notion that the report be accepted. Councilman Glass seconded the motion. Motion carried. COMMUNICATION Members of the City Council, South Bend, Indiana Gentlemen: June 10th, 1950 The River Park Business Men's Association want to express their hearty thanks for the fine job in putting in the new lighting system on Mishawaka Ave. This action was taken at the last monthkmeeting held May 25, 19509 Very truly yours, (Signed) R. H. Haiston, President " Jack Watson, Secretary Councilman Glass made a.motion that the communication be accepted and placed on file. Councilman Niezgodski seconded the motion. Motion carried. :`,PETITION To: The Common Council City Hall South Bend, Indiana Gentlemen: of the City of , South Bend July 5, 1950 The undersigned osrporations, being the owners of all of the real estate described below, hereby petition your Honorable body to annex to and make a part of the City of South Bend all of the following described real estate,, to wit: All that land located in t he East One -half (1/2) of Section numbered Eight (8), in Township numbered Thirty -seven (37) North, Range numbered Two (2) East, containing Three Hundred Twenty (320) acres more or less, in St. Joseph County, Indiana. In support of said petition your petitioners desire to point out that this property lies directly to the West of an area presently being developed at a rapid rate of speed. This land will be submitted for zoning after annexation on a basis similar to earlier Garden Village Units. It is anticipated that along Western Avenue an area zoned C Commercial and E Height and Area District, will provide not only for the neighborhood business, but for ample off- street parking for all of these businesses. In each instance there will be a B Residence and B Height and Area District abutting the Commercial areas, and the lands more distant from western 9ivenue will be a A Residence and A Height and Area, except for two small parcels; one on the South East corner of Mayflower Road and Sample Street extended, which will be C Commercial and E Height and Area. Streets will be of the newest curved types to protect residence owners from high speed traffic, and will all be paved with concrete. The project will include 1,200 residential units of a total estimated value of 12,000,000 Dollars, to which will be added -- apartment units and commercial shopping center construction totaling approximately 4,000,000 Dollars. 641 REGULAR MEETING It may be of interest to know that South of Sample Street and connecting with Kankakee Creek will be a large storm sewer which has been completely engineered and the plans and specifications submitted to and approved by the City Engineer, Mr. Ray Andrysiak. This will mean that the present city sewers will not be faced with carrying away the drainage water from this large tract. This particular improvement will involve an expenditure of 200,000 Dollars. It is requested that the annexation proceeding be given favorable and speedy treatment so that we may continue with out plans. Respectfully submitted, GARDEN HOMES, INC. By Crumpaeker,.May, Beamer, Levy & Searer Its Attorneys COLPAERT REALTY CORPORATION By Crumpacker, May, Beamer, Levy & Searer Its Attorneys Councilman Tellson made a motion that the petition be referred to the City elan Commission. Councilman Korpal seconded the motion. Motion carried. MOTION FOR RECESS Councilman Kemper made a motion for a five minute recess. Councilman Tellson seconded the motion. Motion carried. RECONVENED MEETING Councilman Tellson withdraws his motion in regard to referring the above petition (320 acre tract of land) to the City Plan Commission,- with the..approval °of.Couricilitan Korpal. Councilman Tellson made a-motion that the petition be accepted. Councilman. Glass seconded the motion. Motion carried: PETITION STATE OF INDIANA ) COUNTY OF ST. JOSEPH ). The undersigned, owners of the lots herein described, respectfully petitions your Honorable Body to amend Ordinanc No. 3702 of the Ordinances of South Bend, as it applies to the Zoning classification of Lots No, 272, 273, 274, 275, 276, and 277 in Shively's Addition, changing the zoning of said lots from B Residence district and A Height and area district to D Light industrial district and E Height and area district. (Signed) E. Scopelitis tr Alexandra Soopelitis Councilman Tellson made a motion that the petition be referred to the City Plan Commission. Councilman Bestle seconded the motion. ?lotion carried. PETITION TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Gentlemen: We, the undersigned, being the owners of one hundred percent of the frontage involved, hereby-petition your body to change the zoning-of Lots Numbered fourteen (14) and fifteen (15) in Robinson's 2nd Plat of Partition Lot Number Four of Leer's Partition of Samuel Leer's.Estate, an addition to the City of South Bend from "B" Residence Height and Area District to "D" Light Industrial and "F" Height and Area District. Respectfully yours, (Sired) Paul N. Oederkerk James E. Spotts Councilman Glass made a motion that the petition be referred to the City Plan Commission. Councilman Niezgodski seconded the motion.' Motion carried. PE TI TION BUILDING COMMISSIONER CITY OF SOUTH BEND, AND APPROPRIATE ZONING BOARD We, the undersigned owners of homes or real estate in the 2000 block of Prairie Avenue in behalf of our own interests and the interests of our community respectfully appeal and request the cognizant board to change the zoning of the 2000 block of Prairie avenue from commercial to residential, which it formerly was designated. We made our investments in the various properties so that we might have a residential community home in which to live. Present restrictions prevent the construction of new residences in this area, and doom other new residences constructed as late as six months ago to devaluation. It is therefore requested the zoning of the 2000 block Prairie -Avenue be changed to residential. (14 Signers) Councilman Muszynski made a motion that the petition be referred to the City Plan Commission. Councilman Niezgodski seconded the motion. Motion carried. PETITION U We, the undersigned, on behalf of the Highland Park Church, owners of Lots No. 50, 51, 52, 53, 54, 55, Highland 1st Addition, appeal and request along with the other owners of real estate in the 2000 blk. of Prairie Ave. that this block be redesignated as residential. NG JULY 10TH, 1950 'When are purchased this property it was an understanding that we would be able to build a church on lots in a residential area. Since purchasing this property the 2000 block has been changed to commercial. It is therefore requested the zoning of the 2000 blk. Prairie Ave. changed to residential. (5 Signers) Councilman Niezgodski made a motion that the petition be referred to the City Plan Commission. Councilman Tellson seconded the motion. Motion carried. REPORT OF THE CITY CONTROLLER OF THE CITY OF SOUTH BEND INDIANA FOR THE MOUTH OF MAY, 1950. Balance on hand first of month 2,1229147.48 Receipts during month . . . . 0 4019297.43 Disbursements . . e . . . . . 9 3860999.27 Balance Way 31, 1950 . . . . . . . . . . . . 20136,445.64 Councilman Muszynski made a motion that the report be accepted. Councilman Niezgodski seconded the motion. Motion.carried. REPORT OF THE CMITTEE OF THE 'WHOLE To the Common Council of the City of South Bends Your Committee of the-Whole to whom was referred "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'. 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 Muszynski made a motion that the report be accepted. Councilman Tellson seconded the motion. Motion carried. REPORT OF BOARD OF PUBLIC -CORKS & SAFETY Members of the Common Council Council Chambers, City Hall City of South Bend, Indiana Gentlemen: Jun 13, 1950 The Board of Public -forks and Safety has authorized the installation of street lights at the following locations: Laurel Street between Western and Monroe Streets; Intersection of Brookfield and Bergen Streets; Inglewood Court in the circle; -Inglewood Court at the elbow; Hollywood Place and Edgewood Drive; Hollywood Place and Eastbrook Drive; Hollywood Place midway between Edgewood and Easthrook Drive; Hollywood Place and Lagoon Court; Lagoon Oourt in circle; Joyce Drive and Northview Drive; Joyce Drive- midway between Lagoon Court and Northview Drive; Joyce Drivi and Eastbrook Drive; Eastbrook Drive midway between Hollywood Place and Joyce Drive; Joyce Drive and Edgewood Drive; Edgewood Drive midway between Hollywood Place and Joyce Drive; Intersection of South and Rush Street, southeast 'corner; Intersection of Calvert and Hoke Streets; Twcykenham Drive at the end of Miner Street; Madison Street, on the south side of the curve. Mr. Qualla"Informed the Board that the existing 2500 lumen light on Newoome Street to be moved to Meade and Newoome Streets and a 4000 lumen light to be installed on Kaley Street at Newoome Street have been completed. Also, a street light on High Street at Broadway East has been installed and is now in service. Very truly yours, BOARD OF PUBLIC WOEBS & SAFETY (Signed) 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, Indiana Gentlemen; July 11, 1950 At the July meeting of the City Plan Commission there was a public hearing on the matter of zoning the territory annexed to the City by Ordinance 3740. The owners of this and adjoining property have conferred with the City Plan Commission at frequent intervals for several years regarding the planning of this area and they are now petitioning to have a 320 acre tract annexed to the City. The ultimate development of this area and the pattern of zoning for the development they have .planned have been discussed many times with the Commission which now approves their request for 4nnexatiglk; w CITY PLAN COMMISSION D. Moomaw, Secretary Councilman Niezgodski made a motion that the report be accepted. Councilman Glass seconded the motion. Motion carried. REGULAR MEETING JULY 10TH, 1950 ORDINANCE AN ORDINANCE ANNEXING TO AND MAKING A PART OF THE CITY OF SOUTH BEND, INDIANA, CERTAIN REAL ESTATE IN SECTION (8), TOWNSHIP (37) NORTH, RANGE (2) EAST, IN ST. JOSEPH COUNTY9 (320 acre tract annexed to the City) The ordinance was given first reading by title and second reading in full. Councilman Tellson made a motion for suspension of rules. Councilman..Glass seconded the motion. Motion lost by a roll call,vote of 6 ayes - 2 Not Voting (Korpal and Muszynski). Mr. Korpal moves that his. vote_be.00rreeted from "no vote" to "aye. vote" - -7 ayes - 1 Not Voting (Mus.zynski). Councilman Niezgodski made a motion that the ordinance be -given third reading at the neat Council meeting on July 24th. Councilman Tellson seconded the motion. Motion carried. REPORT OF CITY PLAN COMMISSION To the Common Council City of South Bend, Indiana Gentlemen: July 8, 1950 The area annexed to the City by Ordinance 3740, being an 80 acre tract north of Western Ave. to Linden Ave. and West of Gladstone Sto has not yet been zoned. The accompanying ordinance for zoning this area was given public hearing by the City Plan Commission July 6, 1950, and is recomended for passage by your body. CITY PLAN COMMISSION D. Moomaw, Secretary Councilman Niezgodski made a motion that the report be accepted. Councilman Bestle seconded the motion. Motion carried. ORDINANCE NO. 3757 AN ORDINANCE AMENDING ORDINANCE N0. 3702'OF THE ORDINANCES OF THE CITY OF SOUTH BEND, INDIANA. (80 acre tract North of Western Ave. to Linden Ave. and West of Gladstone St.) The ordinance was given first reading by title and second reading.in full. Councilman Niezgodski made a motion :r for suspension of rules. Councilman Glass 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 OF CITY PLAN COMMISSION To the Common Council City of South Bend, Indiana `Gentlemen: July 8, 1950 Petition of Anthony Albano et al for ,change of zoning of lots 54 and 55 in Augustines Add. from D height and area district to E height and area district; lots 56, 57 ,58 and 59 in same addition from B residence and A height and area districts to C commercial and E height and area districts; lots 60 and 61 in same addition from A residence district to A -1 residence district was given public hearing July 6, 19509 The City Plan-Commission recommends this change be made. The change is more clearly stated above than appears in their petition. DM;ag CITY PLAN CCMMISSION D. Moomaw, Secretary These lots are• on the north side of L,. W. W. between College and Brookfield Streets and the first two lots on east side of Brookfield Street NortY of L.W.T., as shown on accompanying map. Councilman Niezgodski made a motion that the report be accepted. Councilman Kemper seconded the motion. Motion carried. ORDINANCE AN ORDINANCE TO AMEND ORDINANCE NO. 3702, AS AMENDED, WHICH ORDINANCE IS COMMONLY CALLED THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND. (Lots 54, 55, 56, 57, 58 and 59 in Augustines Addition) The ordinance was given first reading.by title and second reading in full. Councilman Niezgodski made a motion for suspension of rules. Councilman Glass seconded the motion. Motion carried by a roll call vote of 7 ayes - 1 nay ( Tellson). Councilman Niezgodski made a motion that the ordinance be given third reading at the next Council meeting on July 24th. Councilman Muszynski seconded the motion. Motion carried. REPORT OF CITY PLAN COMMISSION To the Common Council City of South Bend, Indiana Gentlemen: July 8, 1950 Petition of Ida M. Walz for change of zoning of Lots No. 7, 8 and 9 in John E. Walz Revised Addition from B use and A height and area districts to C use and E height and area districts was given public hearing on July 6, 1950, The City Plan Commission recommend that this change of zoning be made as petitioned for. CITY PLAN COMISSION DM=ag D. Moomaw, eeretary 644 REGULAR MEETING JULY 10TH. 1950 These lots are on the west side of South Michigan Street neat north of Sherwood Avenue and join Lots A and 10 of the same addition which are now zoned commercial. Councilman Niezgodski made a motion that the report be accepted. Councilman Muszynski seconded the motion. Motion carried. ORDINANCE NO. 3758 AN ORDINANCE AMENDING ORDINANCE N0, 3702 COMMONLY KNOWN AS THE ZbNING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA. (Lots . No. 7, 8 & 9 of John E. Walz, Revised Addition) The ordinance was given first reading by title and second reading in full. Councilman Glass nude a motion for suspension of rules. Councilman Niezgodski 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 OF CITY PLAN COMMISSION To the Common Council City of South Bend, Indiana Gentlemen: July 8, 1950 The accompanying petitionfbr change of zoning of Lot 5 in Marquette Park, together with remonstrance against such ohange are returned to the Council without action by the City Plan Commission. The Commission has been informed that this petition has been withdrawn. CITY PLAN CCUMISSION DM :ag D. Moomaw, Secretary Councilman Glass made a motion that the report be accepted and placed on file. Councilman Niezgodski seconded the motion. Motion carried. ORDINANCE NO, 3759 AN ORDINANCE AMENDING SECTION 816 -A-g, SECTION 822 -B, AND SECTION 822 -C OF ORDINANCE NO. 22439 COMMONLY KNOWN AS THE BUILDING CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED BY SUBSEQUENT ORDINANCES.. The ordinance was given third reading and passed by a roll call vote of 6 ayes - 2 nays (Kemper and Bestle). ORDINANCE NO. 3460 AN ORDINOCE PROVIDING FOR THE ANNEXATION OF 'CERTAIN TERRITORY TO THE CITY OF SOUTH BEND, INDIANA. The ordinance was given first reading by title and second reading in full. Councilman Glass made a motion for suspension of rules. Councilman Tellson 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. ORDINANCE AN ORDINANCE REDUCING CERTAIN ITEMS IN THE 1950 SOUTH BEND, INDIANA; MUNICIPAL CIVIL CITY BUDGET, IN SUNDRY OFFICES AND DEPARTMENTS THEREOF; AND APPROPRIATING FROM THE GENERAL FUND OF SAID CITY THE SUM OF TEN THOUSAND SIX HUNDRED EIGHTY -ONE DOLLARS AND FIFTY -FIVE ($10,681.55), AND APPROPRIATING FROM THE GENERAL FOND OF THE STREET AND TRAFFIC FUND OF SAID CITY, THE SUM OF SIX THOUSAND ONE HUNDRED DOLIA RS ($69100.00), ALL TO CERTAIN OTHER BUDGETARY ITEMS OF THE 1950 BUDGET OF THE MUNICIPAL CIVIL CITY OF SOUTH BEND, INDIANA, AND DECLARING AN EXTRAORDINARY EMERGENCY. 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 24th. Councilman Tellson seconded the motion. Motion carried. ORDINANCE AN ORDINANCE PROVIDING FOR THE APPOINIMENT OF THREE ADDITIONAL INSPECTORS, AN ADDITIONAL. ASSISTANT SUPERINTENDENT AND OF A CLERK, IN THE SEVERAL, DEPARTMENTS OF THE MUNICIPAL CIVIL CITY OF SOUTH BEND, INDIANA, FIXING THE SALARIES THEREOF, AND APPROPRIATING FROM THE GENERAL FUND OF THE CITY OF SOUTH BEND, INDIANA, THE SUM OF SIX THOUSAND EIGHT HUNDRED FIFTY -TWO DOLLARS AND NINETY CENTS ($6,852.90) TO DIVERS ACCOUNTS OF THE 1950 BUDGET, AND DECLARING AN EXTRAORDINARY EMERGENCY. 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 24th. Councilman Korpal seconded the motion. Motion carried. 645 REGUTA R MEETING JULY 10TH, 1950 ORDINANCE AN ORDINANCE APPROVING, RATIFYING AND CONFINING A CERTAIN CONTRACT AND AGREEMENT MADE AND ENTERED INTO BY AND BETWEEN THE CITY OF SOUTH BEND, INDIANA, ACTING BY MID THROUGH ITS BOARD OF PUBLIC WORKS AND SAFETY, AND NORTHERN INDIANA TRANSIT, INC., ITS SUCCESSORS AND ASSIGNS, WHICH SAID CONTRACT RELATES TO THE RATES CHARGED FOR BUS TRANSPORTATION SERVICE UPON CERTAIN STREETS, AND HIGERAYS IN SAID CITY. The ordinance was given first reading by title and second reading in full. Councilman Glass made a motion for suspension of rules. Councilman Niezgodski seconded the motion. Motion lost by a roll call vote of 7 ayes - 1 nay (Mus zynski) 9 Councilman Niezgodski made a motion that the ordinance be given third reading at the next Council meeting on July 24th. Councilman Tellson seconded the motion. Motion carried. UNFINISHED BUSINESS Councilman Muszynski made a motion that the Board of Public Works investigate the cause of delay to pedestrian traffic due to switching of trains at the Kemble, Olive and Ford Street crossings. Councilman Niezgodski seconded the motion. Motion carried. There being' no further business, Councilman Tellson made a motion to adjourn, which motion was seconded by Councilman Glass. Motion carried, and Council adjourned at 10:30 P.M. ATTEST: APPROVED: