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HomeMy WebLinkAbout10-26-53 Council Meeting Minutessits: itst sts:sss sss stss:: s: ts:: ss s=sss:s ssss sss sss i=:ss:: s: s:ss:ss::s ss ss::s sss : : : :'s : :s :sss:s :::: : : :ss: :s : :st REGULAR MEWING OCTOBER 26TH, 1953 Be it remembered that the Common Council of the City of South Bend, met in regular session in the Council Chamber, Monday, October 26th, 1953, at 9:02 P.M., with all members present. President Erler presided. SORT 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. Meeting of September 28th, 1953. WALTER C. ERLE R SR. ) STANLEY C. KOIVAL ) Committee W. A. HAHN ) Councilman Muszynski made a motion that the report be accepted* Councilman Class seconded the motion. Motion carried. COMMUNICATION To: Mayor John A. Scott Subjects Aerial Surveys We now have available aerial surveys covering the City of South Bend and the contiguous build -up area. These maps are at a scale of 1 inch equals 660 feet* They are bound and indexed and are at all times available. Robert L. Huff Director of Planning Councilman Korpal made a motion that the communication be accepted. Councilman Muszynski seconded the motion* Motion carried. COMMUNICATION Mr. Walter Er le r, President, and Members South Bend Common Council South Bend, Indiana Gentlemen: At the August 17th meeting of the City Plan Commission, your communication relative to the appearance before the Council of a representative of the City Plan Commission with information as to location of annexations and changes in the Zoning Ordinance along with-a. map or sketch of the section in question was discussed. As in the past the Council will be furnished with descriptions and a sketch map of all annexations and a representative of the City Plan Commission shall be present in this regard. The same procedure will be followed relative to changes in the Zoning Ordinance. During the discussion relative to the above matter, Councilman Walter Glass, your representative on the Plan Commission, brought up the subject of street widths, sidewalks, and other matters relative to new subdivision development. Your City Plan Commission is currently in the process of considering a subdivision control ordinance which, after legal notices and public hearing before the Plan 'Commission as required by Chapter 174, Acts of 1947, General Assembly of the State of Indiana, will be submitted for your approval* This proposal after passage by the Common Council will set forth minimum standards of subdivision design, which will prevent in the future sub- standard practices in subdivision development* RLH :nt act Roy Worde4,President, City Plan Commission Raymond Ahdrysiak, City Civil Engineer Councilman Niezgodski made a motion Motion carried. PETITION To the Common Council of the City.:of South Bend, Indiana that the communication be accepted. Very truly yours, Robert L. Huff ]director of Planning Councilman Hahn seconded the motion* The undersigned petitioners would represent and show to the Honorable Body that it is the owners of the following described real estate situated in the City of south Bend, Indiana, County of Saint Joseph, State of Indiana, to- wit: Lot Numbers 1, 20 39 40 5, 6 - 47, 489 49, 3, 2, 1 of Elwood Park -Addition and Lots 3, 2, and 1 of Huey Heights 2nd Addition Lots 28, 27 and 26 proposed and lots 4, 5, 6, 7, 8, 9, 10, 11 and 12 of Elwood Ave. )Ld.dition as shown in the county recorder's. plans, and more particularly located for this purpose on Elwood Ave• between Johnson St. and-Huey. Your Petitioners would further represent, and show that the said above described real estate is now zoned commercial, and your petitioners is hereby petitioning your Honorable Body to change such zoning district to residential area. Counoilman_Ko *pal made a .motion that the petition be referred to the City Plan Commission. Councilman Hahn seconded the motion. Motion carried. PETITION TO: THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, THE CITT PLANNING COMMISSION OF SOUTH BEND Gentlemen: The undersigned, Jack McCormack, owner of the followint described real estate, respectfully petitions your honorable body to amend Ordinance No. 3702, commonly.known.as the Zoning Ordinance of the City of South Berd, Indiana, from "A" Residential and "A." Height and Area District, to 'ID" Light Industrial and "E" Height and Area District: Lots Numbered Thirteen (13), Fourteen (14), and Fifteen (15) in Fernwood Addition to.the 'City of South Bend, County of St. Joseph, State of Indiana. The foregoing real estate is located in the City of South Bend, County of St. Joseph and State of Indiana. Jack McCormack Petitioner Councilman Hahn made a motion that the petition be referred to the City Plan Commission. Councilan Korpal seconded the motion. Motion carried* PETITION IN THE MATTER OF THE PETITION OF LOUIS MAJOR, JR., FOR REZONING OF REAL ESTATE PETITION FOR REZONING REAL ESTATE TO: The Common Council of the City of South Bend, Indiana: The undersigned, Louis Major, Jr., respectfully petitions and shows this Honorable Body the following: 1. That he owns the following described real estate situate in St. Joseph County, State of Indiana, which is now zoned and classified under the zoning ordinance of the City of South Bend, being known as Ordinance No. 3702, as amended., as "A" Residential District and "A" Height and Area District, to -wit: Beginning at a point 140 feet South of the Northwest corner of Lot Numbered Sixty -six (66) in Jefferson Heights Addition; thence east 138 feet; thence south 75.67 feet, thence West 138 feet; thence north 75.67 feet to the place of beginning, said parcel being a part of Lot Numbered Sixty -six (66) as shown on the recorded Plat of Jefferson Heights Addition to the City of South Bend, recorded in Plat Book 6 at page 144• (Continued) PETITION (Continued) 2• That your petitioner desires to have the above described real estate rezoned and reclassified by amendment of`'said zoning ordinance from the above classification to "B" Residential District and "B" Height and Area District. 3. That your petitioner intends to make the following use of the real estate above described if this petition is granted and said rezoning is permitted: Your petitioner proposes to erect a private clinic building upon the above described real estate for occupancy by a private clinic of doctors and /or dentists. After the construction of such building, your petitioner plans to lease said building for such clinical purposes. 49 That the location of said real estate with respect to the gasoline filling station immediately to its north at the southeast corner of McKinley Avenue and Ironwood Drive, and to the residence property immediately to its south, results in the probability that unless some type of professional or business use is made of the above described real estate, such as is proposed herein, it will continue to remain vacant and non - productive from a tax and community standpoint. It is improbable that said real estate would be occupied for residence purposes. Your petitioner further shows that there is a need for outlying and neighborhood medical and /or dental service in the section of the City of South Bend in which the above described real estate is located. 5. Attached hereto is a plat of said real estate together with surrounding real estate, showing zoning status thereof. 7RHEREFORE your petitioner respectfully prays that the zoning ordinance of the City of South Bend may be amended to allow the rezoning as above proposed. HAHN & ZIMME RMAN By Robert E. Zimmerman Councilman Hahn made a motion that the petition be referred to the City Plan Commission. Councilman Glass seconded the motion. Motion carried. REPORT OF 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 amending Ordinance No. 3702, adopted June 13, 1949, and commonly known as the Zoning Ordinance of the City of South Bend ". Respectfully report that they have examined the matter and that in their opinion this ordinance go to the Council without recommendation. Councilman Niezgodski made a motion that the report be accepted. carried. REPORT OF THE COMMITTEE OF THE 'WHOLE To the Common Council of the City of South'Bend: W. A* HAHN, Chairman Councilman Korpal seconded the motion. Motion Your Committee of the Whole to whom was referred "An Ordinance transferring funds from Board of Health W-11 Services Personal (Food Inspector) '$600.00 to W -11 (Temporary Help) $480.00 and to W-11 (Salary of Board Members) $120.00 and from W -724 (Motor Equipment) to W-721 (Furniture and Fixtures) . 30.00 and from W- 331.(Gas and Oil) to W-334 (Other Garage and Motor Supplies) $1300 *00 and from P -11 Police Department (Services Personal) $1745.00 to P -333 (Tires and Tubes) $100000 and to H- 214 Board of Public Works and Safety (Telephone and Telegraph) $745.00 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. HAHN, Chairman Councilman Korpal made a motion that the report be accepted. Councilman Bestle 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 for safeguarding persons and property and promoting the welfare of the public: creating the office of warm air heating, residential air conditioning and ventilating inspector, hereafter referred to as the inspector, and prescribing his duties: establishing standards for warm air heating, residential air conditioning and ventilating equipment and for its installation and requiring conformity therewith: making.it unlawful to undertake the °installation of oil and gas burners, space heaters, warm air heating, residential air conditioning or ventilating equipment without a permit therefore, and creating a warm air heating, residential air conditioning and ventilating examination board and a board of review and prescribing their duties: providing for the licensing of persons, firms and corporations undertaking the sale or installation of warm air heating, residential air conditioning and ventilating equipment and warm air heating, residential air conditioning, and ventilating contractors and dealers in warm air heating, residential air conditioning and ventilating equipment and making it unlawful to undertake the sale or installation of warm air heating, residential air conditioning and ventilating equipment without a license except as otherwise provided: providing penalties for the violation of this ordinance and repealing all ordinances and parts of ordinances in conflict herewith"• Respectfully report that they have examined the matter and that in their opinion this ordinance go to the Council as favorable* W. A. HAHN, Chairman Councilman Korpal made a motion that the report be accepted. Councilman Niezgodski seconded the motion. Motion carried. ij REGULAR MEETING _ OCTOBER 26TH, 1953 REPORT OF CITY PLAN COMMISSION To the Common Council City of South Bend, Indiana Gentlemen: Petition of Gratzol Signs Inc. for change of zoning of Lots No. 94 and 95 in Hartman and Miller's Addition from "B" residence and "A" height and area districts to "C" commercial and "E" height and area districts was given public hearing before the City Plan Commission at its regular meeting-September 3, 19539 This change is not recommended for the reason that such change would be spot zoning. These lots are on the north side of South Bend Ave., the second and third lots east of Burns St. You rs t ru ly, D. Moomaw, Secy. Councilman Hahn made a motion that the report be accepted. Councilman Korpal seconded the motion. Motion carried. ORDINANCE AN ORDINANCE AMENDING ORDINANCE N0. 3702 COMMONLY KNOWN AS THE ZONING ORDINANCE. (Lots on the north side of South Bend Ave., the second and third lots east of Burns St*) The ordinance was given first reading by title and second reading in full. Councilman Niezgodski made a motion ORDINANCE NO. 3942 (that the ordinance be referred to the Committee of the Whole for public hearing on Nov. 9th. (Councilman Muszynski seconded the motion. Motion carried. AN ORDINANCE TRANSFERRING FUNDS FROM BOARD OF HEALTH W-11 SERVICES PERSONAL (FOOD INSPECTOR) $600.00 TO W-11 (TEMPORARY HELP) $480.00 AND TO W -11 (SALARY OF BOARD MMM ERS) $120.00 AND FROM W -724 (MOTOR EQUIPMENT) TO W- -721 (FURNITURE AND FIXTURES) $130.00 AND FROM W -331 ( GAS AND OIL) TO W -334, (OTHER GARAGE AND MOTOR SUPPLIES) $1300.00 AND FROM P -11 POLICE DEPARTMENT (SERVICES PERSONAL) $1745.00 TO P -333 (TIRES AND TUBES) $1000.00 AND TO H -214 BOARD OF PUBLIC WORKS AND SAFETY(TELEPHONE AND TELEGRAPH) $745.00 ALL OF THE BUDGET FOR 1953 OF THE CIVIL CITY OF SOUTH BEND, INDIANA. The ordinanoe was given third reading and passed by a roll call vote of 9 ayes - 0 nays. fi ORDINANCE AN ORDINANCE FOR SAFEGUARDING PERSONS AND PROPERTY AND PROMOTING THE WELFARE OF THE PUBLIC: CREATING THE OFFICE OF WARM AIR HEATING, RESIDENTIAL AIR CONDITIONING AND VENTILATING INSPECTOR, HEREAFTER REFERRED TO AS THE INSPECTOR, AND PRESCRIBING HIS DUTIES: ESTABLISHING STANDARDS FOR WARM AIR HEATING, RESIDENTIAL AIR CONDITIONING AND VENTILATING EQUIPMENT AND FOR ITS INSTALLATION AND REQUIRING CONFORMITY THERM TH: MAKING IT UNLAWFUL TO UNDERTAKE THE INSTALLATION OF OIL AND GAS BURNERS.SPACE HEATERS, WARM AIR HEATING, RESIDENTIAL AIR CONDITIONING OR VENTILATING EQUIPMENT WITHOUT A PERMIT THEREFORE, AND CREATING A WARM AIR HEATING, RESIDENTIAL AIR CONDITIONING AND VENTILATING EXAMINATION BOARD AND A BOARD OF REVIEW( AND PRESCRIBING THEIR DUTIES: PROVIDING FOR THE LICENSING OF PERSONS, FIRMS AND CORPORATIONS UNDERTAKING THE SALE OR INSTALLATION OF WARM AIR HEATING, RESIDENTIAL, AIR CONDITIONING AND VENTILATING EQUIPMENT AND WARM AIR HEATING, RESIDENTIAL AIR CONDITIONING, AND VENTILATING CONTRACTORS AND DEALERS IN WARM AIR HEATING, RESIDENTIAL AIR CONDITIONING AND VENTILATING EQUIPMENT AND MAKING IT UNLAWFUL TO UNDERTAKE THE SALE OR INSTALLATION OF WARM AIR HEATING, RESIDENTIAL AIR CONDITIONING AND VENTILATING EQUIPMENT WITHOUT A LICENSE EXCEPT AS OTHER- WISE PROVIDED: PROVIDING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH. Councilman Niezgodski made a motion that the ordinance be held up until November 9th. Councilman Hahn seconded the motion. Motion carried* ORDINANCE AN ORDINANCE .AMENDING ORDINANCE NO. 3702, ADOPTED JUNE 13, 19490 AND COMMONLY KNOWN AS TIDE ZONING ORDINANCE OF THE CITY OF SOUTH BEND. (76 acre tract lying North of Lincolnway West and West of Bendix Drive) The ordinance was given third reading and lost by a roll call vote of 2 ayes (Councilmen Rrler and Glass) and 7 nays (Councilmen Alford, Korpal, Pinter, Bestle, Niezgodski, Hahn and Muszynski). 41a AN ORDINANCE PROHIBITING THE PASSING OF MOTOR VEHICLES BY TRUCKS, TRAILERS AND CERTAIN OTHER VEHICLES ON PUBLIC STREETS IN THE CITY OF SOUTH BEND, INDIANA. Councilman Niezgodski made a motion that the ordinance be held up. indefinitely. Councilnan Muszynski seconded the motion. Motion carried. REGULAR MEETING ORDINANCE OCTOBER 26TH. 1953 AN ORDINANCE AMENDING SECTION 7 OF CHAPTER 4 OF GENERAL ORDINANCE NO. 3709 KNOWN AS THE 1949 MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA. Councilman Korpal made a-motion that the City Attorney study the proposed ordinance submitted by the South Bend Humane Society and report back to the next Council meeting on November 9th. Councilman Niezgodski seconded the motion. Motion carried. ORDINANCE AN ORDINANCE AMENDING SECTION 36 OF CHAPTER 29 OF GENERAL ORDINANCE NO. 3709 KNOWN AS THE 1949 MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA BY ADDING THERETO A SECTION TO BE KNOWN AND DESIGNATED AS SECTION 36b. 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 November 9th. Councilman Hahn 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 Niezgodski. Motion carried, and Council adjourned at 10 :10 P.M. ATTEST: CLERK - DWM7 APPROVED: NO it 0 AL