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HomeMy WebLinkAbout05-12-52 Council Meeting Minutes793 II REGULAR MEETING MAY 12TH, 1952 Be it remembered that the Common Council, of the City of South Bend, Indiana, met in regular session in the Council Chamber, Monday, May 12th, 1952, at 8x05 P.M., with all members present except Councilmen Hahn and Pinter. President Erler presided. REPORT OF COMMITTEE ON MINUTES To the Common Council of the City of South Bend: Your Zommittee 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 April 28th, 1952. WALTER C. ERLER, SR. ) Committee STANLEY C. KORPAL ) Councilman Niezgodski made a motion that the report be accepted. Councilman Bestle seconded the motion. Motion carried. PETITION To the Common Council: We the undersigned property owners in the City of South Bend, Indiana, hereby petition your honorable body that the`zoning of the following described real estate Lot No. 1089 in a proposed.section of LaSalle Park in the city of Sotth.Bend located on the northwest corner of Washington and Lake Streets, LaSalle Park Section be changed from "B" residential to "C" commercial. (Signed) Vera P. Horvath 2201 (Catalpa Avenue u Wiley L. Hoover 1342 E. Howard Councilman Korpal made a motion that the petition be referred to the City Plan Commission. Councilman Niezgodski seconded the motion. Motion carried. PETITION To the Honorable Council for the City of South Bend: We the undersigned property owners hereby petition your honorable body for a change in the zoning of our property from light industrial to 'Class B Residential; this zoning affecting .Lots 1, 2 and 3 Whitcomb & Keller Beverly Heights First Addition. All of the properties herein affected are now improved with single family residences. These homes have all been built since 1941, and we would like our zoning to conform with the other residences in the neighborhood which are now zoned Class B Residential. 5, Respectfully submitted, (Signed) Owners of Lot 1 Paul & Irene E. Anderson It "' it 't 2 Nellie S. Zytowski 3 Ignatius S. & Jean Borowski Councilman Korpal 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: The undersigned, Edward Hullinger and,Elsie Hullinger, husband and wife, respectfully petition and show the following: 1. That they are the owners of the following real estate located in St. Joseph County, Indiana, to -wit: Lot Numbered Fifty (50) Wenger's Fourth Addition to the City of South Bend now zoned and classified under zoning ordinance of said city as B residential and A height and area under zoning order No. 3702 adopted on June 13, 1949. 2. That petitioners desire to have said lot rezoned and reclassified by the amendment of said zoning ordinance to C1 commercial and D height and area. 3. That petitioners desire to have said lot rezoned and reclassified for the purpose of establishing a much needed grocery store on said lot. WHEREFORE, your petitioners pray that the zoning ordinance be amended to allow the rezoning hereinabove proposed. (Signed) Edward Hullinger tt Elsie Hullinger Councilman Niezgodski made a motion that the petition be referred to the City Plan Commission. Councilman Glass secondecjkhe motion. Motion carried. MEETING PETITION 794 TO: THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA. Petitioner, Seven -Up Bottling Company, Inc., South Bend by its attorneys, Voor, Jackson, Grant & McMichael, respectfully petitions that Ordinance No. 3702, adopted by the Common Council on the 13th day of June, 1949, and commonly known as the Zoning Ordinance, be amended as follows, to -wit: That the property situate in the city of South Bend, Indiana, and described as follows, to -wit: Lots Numbered One (1) and Two (2) as shown on the recorded plat of Hartman and Woodworth's Addition, in the City of South Bend, be changed from "B" 'Residence and "A" Height and Area District to "D" Commercial and "D" Height and Area District. Petitioner further states that said corporation is the owner of all of the above - described property. Petitioner further states that he has attached hereto a form of ordinance for the convenience, use and approval of the Common Council of the City of South Bend. WHEREFORE, petitioner respectfully requests that the Common Council of the City of South Bend, Indiana, accept and.act =favorably upon his said petition and that the property herein described be, by proper ordinance duly passed and legall published, changed from "B" Residence and . "A" Height and Area District to "C" Commercial and "C" Height and Area 'District. By VOOR, JACKSON, GRANT & McMICHAEL Attorneys for Petitioner Robert A. Grant Councilman Bestle made a'motion that the petition be referred to the City Plan Commission. Councilman Glass seconded the motion. Motion carried. PETITION We the undersigned residents in the northwest section of °the City of South Bend, petition to correct the rusty water condition. (Approximately 1200 signatures) Councilman Niezgodski made a motion that the petition be referred to the Board of Trustees of the Water Works Department. Councilman Korpal seconded the motion.. Motion carried.. PETITION IN ?THE MATTER OF TIM NAMING OF THE ALLEY SOUTH OF BARTLETT STREET BETWEEN MICHIGAN AND MAIN STREET. Petitioners allege: 1. They are the owners of.a ll property adjoining the'alley hereinafter described. 2. The following described alley is in the City of South Bend, State of Indiana, to wit: An alley fourteen (14) feet wide running East and West between Michigan Street and Main Street for a distance of three hundred forty four (344) feet with the North line of said alley contiguous to the South line of Lots 13 and 26 of J. G. Bartlett's First Addition to the City of South Bend, and with the South line of said alley contiguous to the North line of Lots 12 and 25 of said J. G. Bartlett's First Addition. 3. Said alley runs directly North of the Memorial Hospital of South Bend and there are no unimproved lots adjacent thereto. 4. That because of the use made of said alley in delivering good and merchandise to the petitioners, said alley should lose its anonymous character so as to end confusion as to its location and be given a suitable name commensurate with its location. 5. That the name of said alley be "Memorial Hospital Court ". WHEREFORE, petitioners pray that the Common Council take appropriate action to effect said naming and files herewith proposed form of ordinance for enactment. 704 North Main Street Corporation By Norval E. Green, M.D., Pres. Memorial Hospital of South Bend By Roy F. Denniston Councilman Niezgodski made a motion that the petition be held in the Council until the next meeting on May 26th. Councilman Muszynski seconded the motion. Motion carried. REGULAR MEETING M.M.L H, 1952 PETITION To the Common Council of City of South Bend and The Housing Authority of the City of South Bend City Hall South Bend, Indiana The undersigned, residents and tenants of Housing Project Number Indiana -12197 Southmore Heights located in the southeast part of the City of South Bend, petition the members of the Common Council to instruct the Housing Authority of the City of South Bend to advertise and accept competitive bids for a lease for the operation of a grocery store within the said Housing Project. Your petitioners further state that there is a necessity existing for a grocery store; that the present tenants now operating the only grocery store located in the project will be forced to surrender possession of the store to the Housing Authority on June 1st, 1952; that the present building in which the grocery store is located is to be converted into a ware house; that in the event said grocery store is disposed by the Housing Authority a great hardship will be enforced on the residents. (Approximately 436 signatures) Councilman Muszynski made a motion that the Council ask the Housing Authority to grant a hearing to Charles Galloway, disabled project grocer. Councilman Niezgodski seconded the motion. Motion carried. REPORT OF CITY.PLAN COMMISSION To the Common Council City of South Bend, Indiana Gentlemen*-. The accompanying petition of Joseph and Sadie Moskwinski is returned to the Council without recommendation from the City Plan Commission. To change this lot to residential would not only be spot zoning but it would create a residential lot that is less in ground area than the minimum as required by the Rules and Regulations of the City Plan Commission for such lots. Yours truly, 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 OF CITY PLAN COMMISSION To the Common Council City of South Bend, Indiana Gentlemen: Petition of Edmund J. Luther and Herbert A. Waechter for change of zoning of an unplatted tract of land on south side of South Bend Avenue southwesterly from Jacob Street has been given public hearing before the City Plan Commission at their regular meeting May 1, 1952. This change ins recommended. -- The description given in the petition is rather indefinite and a description in the ordinance should be made from an actual survey of the area. Yours truly, D. Moomaw, Secretary Councilman Korpal made a motion that the report be accepted and placed on file. Councilman Muszynski seconded the motion. Motion carried. ' REPORT OF CITY PLAN COMMISSION To the Common Council City of South Bend, Indiana Gentlemen: Petition of Clem C. 'Whiteman et. als for change of zoning of property on McKinley Avenue has been given public hearing before the City Plan Commission at their regular meeting on May 1, 1952. This change is recommended. It appears that this area was zoned before the lines of some of the lots were fixed, as the boundaries of the present commercial district do not coincide with the lot lines. A more definite description of the property covered by the petition is:- Lots 11 and 12 and part of, Lot 10 in North Sunnyside Addition, Part of lot 59, lots 60 and 61 in Coquillard Woods Addition, Lots 700 71, 72 and 73 and part of lot 74 in Sunnyside Manor and part of lot 58 in Jefferson Park Addition be changed from C' commercial and D height and area districts to A residence and A height and area districts. Part of Lot 74, lots 75 to 81 inclusive in Sunnyside Manor; Part of lot 10 and lots 3 to 9 inclusive in North Sunnyside Addition from B residence district to A residence district. Yours truly, D. Moomaw, Secretary Councilman Korpal made a motion that the report be accepted and placed on file. Councilman Bestle seconded the motion. Motion carried. REGULAR MEETING REPORT OF CITY PLAN COMMISSION To the Common Council City of South Bend, Indiana Gentlemen: MAY 12TH. 1952 796 Petition of John Weiss, eto ale for change of zoning of Lots 5, 6; 7, 8, 9, 10, 11, 12; 13 in Morris Park Addition and lots 117, 118, 119, 187, 188, 189 in Northwest Addition from B residence and A height and area district to C commercial and D height and area district has been given public hearing before the City Plan Commission at their regular meeting May 1, 1952. This change is not recommended. Yours truly, D. Moomaw, Secretary Councilman Bestle made a motion_ that the report be accepted and placed on file. Councilman Korpal seconded the motion. Motion carried. ORDINANCE NO. 3869 AN ORDINANCE AMENDING ORDINANCE NO. 3702 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA. (Unplatted tract of land on south side of South Bend Avenue southwesterly from Jacob Street) The ordinance -was given first reading by title and second reading in full. Councilman Korpal made a motion for suspension -of rules. Councilman Glass seconded the motion. Motion carried by a roll call vote of 7 ayes - 0 nays - 2 absent (Hahn and Pinter). The ordinance was given third reading and passed by a roll call vote of 7 ay. es - 0 nays - 2 absent (Hahn and Pinter). . ORDINANCE NO. 3870 AN ORDINANCE AMENDING ORDINWCE NO. 3702 COMMONLY KNOWN AS THE Z(K ING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA. (Property on McKinley Avenue) The ordinance was given first reading by title and second reading in full. Councilman Glass made a motion for suspension of rules. Councilman Korpal seconded the motion. Motion carried by a roll call vote of 7 ayes - 0 nays - 2 absent. (Hahn and Pinter). The ordinance was given third reading and passed by a roll call vote of 7 ayes - 0 nays - 2 absent (Kahn and Pinter). ORDINANCE AN ORDINANCE REDUCING CERTAIN ITEMS IN THE 1952 BUDGET OF THE CIVIL CITY OF SOUTH BEND, INDIANA, AND APPROPRIATING FROM THE GENERAL FUND OF SAID CITY TO THE POLICE DEPARTMENT AND FROM THE STREET AND TRAFFIC GENERAL FUND OF SAID CITY TO THE STREET DEPARTMENT UNDER THE 1952 BUDGET AND DECLARING AN EXTRAORDINARY EMERGENCY. The ordinance was given first reading by title and second reading in full. Councilman Glass made a motion that the ordinance be referred to the Committee of the Whole for public hearing on May 26th, 1952, at 8:00 P.M. Councilman Korpal seconded the motion. Motion carried. RESOLUTION. BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, that the contracts heretofore entered into between the Board of Public Works and Safety of said City and the Deeds Equipment Company for One New Huber 5 -8 ton Tandem Roller with specifications as per proposal for the contract price of four thousand nine hundred ninety four Dollars ($4994.00), and the American LaFrance Foamite Corporation for One Spartan Model V -12 Cylinder 215 HP, 1000 G.P.M. Motor Pumping Engine as per specifications as per proposal for the contract price of eighteen thousand five hundred nineteen Dollars ($18,519.00) is confirmed and approved. Cloyd Bestle Member of Common Council Councilman Niezgodski made a motion for the adoption of the resolution. 'Councilman Glass seconded the motion. Motion carried by a roll call vote of 7 ayes - 0 nays - 2 absent (Hahn and Pinter). RESOLUTION BE IT RESOLVED by the Common Council of the 'City of South Bend, Indiana, that the Contract heretofore entered into by and between the Board of Public Works and Safety of the City of South Bend, Indiana, and the Rieth -Riley Construction Company of South Bend, Indiana, for the re- surface - paving of INDIANA AVENUE from the west line of Miami Street to the west line of Marietta Street for the contract price of Twenty -two thousand, four hundred fifty -five dollars and fifty cents ($22,455.50) is confirmed and approved. Cloyd Bestle Member of the Common Council Councilman Korpal made a motion for the adoption of the resolution. Councilman Glass seconded the motion. Motion carried by a roll call vote of 7 ayes - 0 nays - 2 absent (Hahn and Pinter). H REGULAR MEETING MAY 12TH, 1952 RESOLUTION BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, that the Contract heretofore entered into between the Board of Public Works and Safety of the City of South Bend, Indiana, and the Rieth Riley Construction Company of South Bend, Indiana, for the re- surface paving of ANGELA BOULEVARD from the west line of Michigan Street to the west line of Lafayette Boulevard ind from the easterly line of Woodward Avenue to the easterly line of Portage Avenue for the contract price of Fourteen thousand, nine hundred thirty -four dollars and thirty cents ($14,934.30) is confirmed and approved. Cloyd Bestle Member of the Common Council Councilman Niezgodski made a motion for the adoption of the resolution. Councilman Bestle seconded the motion. Motion carried by a roll call vote of 7 ayes - 0 nays - 2_absent (Hahn and Pinter). RESOLUTION BE IT RESOLVED by the Common Council of the Civil City of South Bend, Indiana, that said City hereby ratifies, confirms and adopts the action taken by the Board of Park Commissioners of South Bend, Indiana at a special meeting held on May 12, 1952 to lease for one (1) year, with right of renewal by mutual consent and for the consideration of One (1.00) Dollar per year, a part of the unused parking area of the Pierre Navarre Park of the City of South Bend, Indiana to the Indiana State Police for the public purpose of establishing and operating an Indiana State Police Substation on the following specifically described real estate located in said Park, to wit: A parcel of land beginning at the intersection of the East line. of Michigan St. and the North line of Walter St. in the Southwest quarter of Section 25 Township 37 North Range 2 East; thence North 100 feet along the East line of said Michigan St._; thence East _ 150 feet; thence South parallel to the said East line of Michigan St. 100 feet to the North line of said Walter St.; thence West 150 feet along the North line of said Walter St. to the place of beginning, all in St. Joseph County, State of Indiana. Walter C. Erler, Sr. em er of Nmmon Council Councilman Korpal made a motion for the adoption of "the resolution. Councilman Bestle seconded the motion. Motion carried by a roll call vote of 7 ayes - 0 nays - 2 absent (Hahn and Pinter). UNFINISHED BUSINESS Memorandum to City Planning Commission: Reason for rejection of Amendment to Zoning Ordinance requesting a change from Classification A residential to C -1 Commercial near the intersection of Ironwood and McKinley. Reason one -- The overwhelming number of remonstrators in the immediate area which classification has been established as A residential. The lack of sufficient legislation to support Plan Commission in long range planning and to hold petitioner responsible -to carry out plans submitted to the Plan Commission to obtain zoning desired. Many objections to zoning changes have been raised on the point that the building and its ufse as represented by the petitioners may not be objectionable in the neighborhood, but the owners and the petitioners are not bound by their representation and any other use permitted in the district can be put in after such changes are made. District X should be provided with a limitation that would permit building the structure represented in or in connection with the petition for a change and to the particular occupancy represented by the petitioner at the hearing. There should be a time limit placed on the development of the project after which the zoning classification should revert to that which existed before the change. The zoning change should be limited to the area originally planned after a survey has been made of the area to be serviced to obtain the proper amount of commercial zoning required. Commercial areas should be established as much as possible before adjacent area is occupied by higher class of zoning. SOUTH BEND COMMON COUNCIL (Signed) WALTER C. ERLER, President Councilman Glass made a motion that the report be accepted and referred to the City Plan Commission. Councilman Bestle seconded the motion. Motion carried. There being no further business before the Council, Councilman Muszynski made a motion to adjourn, which motion was seconded by Councilman Bestle. Motion carried, and Council adjourned at 9:.41 P.M. ATTEST: CLE K APPRO D; PRESIDENT