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Home My WebLink About08-24-53 Council Meeting MinutesREGULAR MEETING AUGUST 24TH, 1953 Be it remembered that the common Council of the City of South Bend, met in regular session in the Council Chamber, Monday, August 24th, 1953, at 8:10 P.M., with all members present except Councilman Alford. 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 inspects the minutes of the previous meeting of the Council and found them correct. They therefore recommend that the same be approved. Meeting of August 10th, 1953. WALTER C. ERLER SR. ) STANLEY C. KORPAL ) Committee W. A. HAHN ) Councilman Muszynski made a motion that the report be accepted. Councilman Glass seconded the motion. Motion carried. PETITION STATE OF INDIANA ) SS: BEFORE THE CITY PLAN COMMISSION CITY OF SOUTH BEND ) IN THE MATTER OF THE REZONING OF THE SOUTH HALF ) OF LOT 14 IN COTTRELL'S ADDITION TO SOUTH BEND. ) PETITION FOR REZONING The undersigned property owners allege: 10 That they are the owners in fee simple of the property set after their names, which said several parcels of property are situated and comprise the following described real estate situated in St. Joseph County, Indiana: South one -half (S2) of Lot numbered Fourteen (14) in Samuel L. Cottrellts First Addition to Lowell, now within and a part of South Bend, 20 That said real estate is located in the entire one -half square block bounded on the West by Notre Dame St., on the South by Colfax Ave., on the East by Francis St., and on the North by Edmund Court and a fourteen foot alley. 3. That said real estate is presently zoned as "B" Use District and "B" Height and Area District* 4. That the entire block immediately to the West of said real estate is zoned as "C" Use istrict and "D" Height and Area District. 5. That part of said property is vacant and the remainder cannot be put to its most advantageous use under the present zoning.classification. That said.pr.,pperty could become more productive to petitioners and to the general public of this city if the honing were changed so that commercial uses might be made of said property. 7. That for the foregoing reasons petitioners request the rezoning of said property as "C" Use District and "D" Height and Area District. WHEREFORE petit1 "oners pray that the Plan Commission: FIRST: Enter upon an appropriate investigation of the matters presented hereby; (Continued) REGULAR MEETING AUGUST 24TH, 1953 (Continued) SECOND: Conduct such public hearing as it may deem necessary; THIRD: Reach conclusions in donformity 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: JONES, OBENCHAIN & BUTLER ATTO? EYS FOR PETITIONERS. (16 Signatures) Councilman Korpal made a motion that the petition be referred to the City Plan Commission. Councilman Bestle seconded the motion. Motion carried. PETITION TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA. The undersigned petitioner would represent and show to the Honorable Body that it is the owner of the following described real estate situate in the City of South Bend, County of St. Joseph, State of Indiana, to -wit: Lots Numbered Ninety -four (94) and Ninety five (95) as shown on the Recorded Plat of Hartman and Miller's Addition to the City of South Bend, Indiana, and more particularly located for these purposes on South Bend Avenue on the North side of South Bend Avenue, between Burns Street and the first alley running North and South to the East of Burns Street. Your petitioner would further represent and show that said above described real estate is now zoned B Residential and A Height and Area as to zoning districts; and your petitioner is hereby petitioning your Honorable Body to change such zoning district to C Commercial and E Height and Area district for the following reasons 1. Said above described real estate is now vacant and is occupied by certain bill boards which have been maintained thereon for some years last past by your petitioner in conflict with the ordinance, and your petitioner desires to change the zoning of said real estate so that the use will not be in conflict with the zoning ordinance. 2. That the general tenor of South Bend Avenue to the West of the above described real estate is becoming Commercial and more particularly is now zoned Commercial on the Southeast corner of Howard Street and South Bend Avenue, which is one (1) block from the real estate here under consideration and that as a general. trend South Bend Avenue, from a zoning standpoint, is apparently toward commercial. 3. That the granting of this petition as prayed for, would not impair the value of the property in the immediate vicinity or in any way damage the health, morals or general well being of the community. WHEREFORE your petitioner respectfully asks that said above desdribed real estate be zoned from B _Residential and A Heights and Area Districts to C Commercial and E Height and Area Districts, as prayed for. OTTO GRATZOL SIGNS, INC., By Irene Gratzol Councilman Glass made a motion that the petition be referred to the City Plan Commission. Councilman Hahn seconded the•:.motion. Motion carried. REPORT OF THE`COMMITTEE OF THE WHOLE To the Common Council of the City of South Bend: Your Committee of the Whole to whom was referred "An Ordinance appropriating $40,000.00 from the General Fund to Sanitation Department and $3300.00 from the Street and Traffic Fund to Street Department S -251 Repairs of Buildings and Structures, and declaring an emergency, all of the budget for 1953 of the Civil City of South Bend, Indiana% Respectfully report that they have examined the matter and that in their opinion this ordinance go to the Council as favorable. W. A. HAM, Chairman Councilman Korpal made a motion that the report be accepted. Councilman Bestle seconded the motion. Motion carried* ORDINANCE N0. 3936 AN ORDINANCE APPROPRIATING $40,000.00 FROM THE GENERAL FUND TO SANITATION DEPARTMENT AND $3300.00 FROM THE STREET AND TRAFFIC FUND TO STREET DEPARTMENT S -251 REPAIRS OF BUILDINGS AND STRUCTURES, DECLARING AN EMERGENCY, ALL OF THE BUDGET FOR 1953 OF THE CIVIL CITY OF SOUTH BEND, INDIANA. The ordinance was given third reading and passed by a roll call vote of 8 ayes - 0 nays - 1 absent (Councilman Bestle). ORDINANCE AN ORDINANCE TRANSFERRING FUNDS FROM TUBERCULOSIS CLINIC X -261 X -RAY SERVICES $450.00 TO X -343 MEDICAL,.SURGICAL AND DENTAL $150.00 AND TO X -215 TRANSPORTATION ALLOWANCES $300.000 The ordinance was given first reading by title and second reading in full. Councilman Bestle made a motion that the ordinance be referred to the Committee of the Whole for public hearing on September 14th. Councilman Hahn seconded the motion. Motion carried. MEET ING ORDINANCE AN ORDINANCE PROVIDING FOR THE CONTROL OF THE DISCHARGE OF SEWAGE AND INDUSTRIAL WASTES INTO THE SEWERS AND SEWAGE TREATMENT WORKS OF THE CITY OF SOUTH BEND, INDIANA, AND FOR THE CHARGES TO BE ASSESSED FOR THE USE OF SUCH SEWERS AND WORKS TO BE KNOWN AS "THE SEWAGE AND INDUSTRIAL WASTE ORDINANCE. UGUST 1 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 September 14th. Councilman Bestle seconded the motion. Motion carried. UNFINISHED BUSINESS Further protests were heard from residents living in the 1400, 1500 and 1600 blocks of Dunham, Ford and Poland Streets against smoke from the New York Central Systems switch engines. City Attorney Irving Hurwich stated that police are collecting information on which court action against the railroad nay eventually be instituted. Councilman Korpal made a motion that a committee be appointed by the Council to investigate the above condition. Councilman Muszynski seconded the motion. Motion carried. President Erler named the following to serve on the committee: Councilman Muszynski, chairman; and Councilmen Korpal and Glass, NEW BUSINESS Complaints we're received from residents of Orange Street between Olive and Bir dsell Streets against dust kicked up by the Chicago South Shore & South Bend Railway trains. Councilman Niezgodski made a motion that the Board of Public Works notify the Chicago South Shore & South Bend Railway officials to appear before the next Council meeting on.September 14th, and that Mr. Harry Tomlinson, Street Commissioner, obtain an estimate as to the cost of oiling the street and report back to the Council on September 14th. Councilman Muszynski seconded the motion* Motion carried. There being no further business before the Council, Councilman Hahn made a motion to adjourn, which motion was seconded by Councilman Glass* Motion carried, and Council adjourned at 9 :30 P.M. ATTEST: CLERK — APPRO D: PRESIDENT