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HomeMy WebLinkAbout11-23-53 Council Meeting Minutesssttssstttst: stssssss:ss ssssss sstt:s ttss s:sss:ss stss :ass :tsssstssst :sssssass : :s assts :ts :sssssssssass :s :ss:s :ts REGULAR MEETING NOVEMBER 23RD, 1953 Be it remembered that the Common Council of the City of South Bend met in regular session in the Council Chamber, Monday, November 23rd, 1953 at 8:34 P.M., with all members present except Councilman Bestle. President Erler presided. REPORT OF COMMITTEE ON MINUTES To theCommon 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 November 9th, 1953. WALTER C. ERLER SR. ) STANLEY-Co KORPAL ) Committee W. A. HAHN ) Councilman Muszynski made a motion that the report be accepted. Councilman Glass seconded the motion. Motion carried. COMMUNICATION To: The Common Council of the City of South Bend Res Amendment of Zoning Ordinance - (76 acre tract lying north of Lincoln Way West and West of Bendix Drive) Gentlemens We are returning herewith the above subject ordinance with the unanimous recommendation from the Plan Commission that your hoborable boor pass this with favorable vote just as it was originally recommended to you* We respectfully point out the following errors in your objections: 1. The Plan Commission held public hearing and took recognition of objections of people in the neighborhood, but made their decision by weighing their objections against the total over- all immediate benefit to the city as well as the far - reaching effect of future development, council may assume that this careful consideration is given to every proposed change that is recommended to them for passage. 2. "Petitioners did not state what was td be built.` No ordinance, local or state, requires such a commitment nor could control such a commitment. The only control, and therefore the only possible consideration to be given by either the council or the plan commission, is the general broad use possibility described in a given use classification under the zoning ordinance. 39 The relative position of this area to the airport is not a consideration in that it is not covered by ordinance of any kind. The Civil Aeronautics Administration has established a glide angle of 1 ft. to 50 ft., and as long as no obstruction goes into this platy all conditions imposed will have been satisfied. Inasmuch as none of your objections indicated technical errors in the deliberations of the Plan Commission, we have no alternative except to again reoommend this ordinance for your favorable action. Very truly yours, City Plan Commission (Continued) D. Moomaw, Secretary (Continued) Councilman Korpal made a motion that the report be accepted. Councilman Muszynski seconded the motion. Motion carried. PETITION To the Honorable Common Council eity of South Bend, Indiana Gentlemen: I, the undersigned properiyowner, respectfully petition your Honorable Body for change of zoning of Lot No. 181 in Realty Construction Co. 2nd Addition of the City of South Bend from "C" Commercial and "D" Height and Area District to "B" Residence and "A" Height and Area District. Peter Wrobel Petitioner 4 5 S. a lout bte Councilman Hahn made a motion that the petition be referred to the City Plan Commission. Councilman Niezgodski seconded the motion. Motion carried. REPORT OF THE COMMITTEE 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 Ordinance No. 3702, adopted June 13, 1949s, 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 unfavorable: W. A. HAFT, Chairman Councilman Korpal made-a motion that the report be accepted. Councilman Muszynski 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 transferring funds from Fire Department Q -11 Services Personal $1,230000 to Fire Department Q -222 Gas $230.00 and Q -252 Repairs of Equipment $1,000.00 all of the budget for 1953 of the Civil City of South Bend, Indiana and declaring an emergency ". 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 Hahn made a motion that the report be accepted. Councilman Muszynski seconded the motion. Motion carried. REPORT OF CITY PLAN COMMISSION . To the Common Council City of South Bend, Indiana Gentlemen: Petition of Peter,Wrobel for change of zoning of Lot No. 180 in Realty Construction Co. 2nd Addition from "C" Commercial and "10 Height and Area Districts to "B" Residence and "A" Height and Area Districts was given public hearing before the City Plan Commission on Nov. 5,.1953. This change is recommended as petitioned for. This lot is on the east side of Olive"Sto second north of Dunham St. The property on that block is now generally occupied by residence buildings. Yours truly, D. Moomaw, Seoy. Councilman Korpal made a motion that the report be accepted* Councilman Glass seconded the motion. Motion carried. ORDINANCE NO. 3946 AN ORDINANCE AMENDING ORDINANCE N0, 3702 COMMONLY KNOWN AS THE ZONING ORDDINANCE OF THE CITY OF SOUTH BEND, INDIANA. (Lot second north of Dunham St. on the east side of Olive St.) The ordinance was given first reading by title and second reading in full. Councilman Korpal made a motion for suspension of rules. Councilman Muszynski seconded the motion. Motion carried by a roll call vote of 8 ayes - 0 nays - 1 absent (Councilman Bestle). The ordinance was given third reading and passed by a roll call vote of 8 ayes - 0 nays - 1 absent (Councilman Bestle). ORDDINANCE N0. 3947 AN ORDINANCE TRANSFERRING FUNDS FROM FIRE DEPARTMENT Q -11 SERVICES PERSONAL $1,230.00 TO FIRE DEPARTMENT Q -222 GAS $230.00 AND Q -252 REPAIRS OF EQUIPMENT $1,000.00 ALL OF THE BUDGET FOR 1953 OF THE CIVIL CITY OF SOUTH BEND, INDIANA AND DECLARING AN EMERGENCY. The ordinance was given third reading and passed by a roll call vote of 8 ayes - 0 nays - 1 absent (Councilman Bestle). ORDINANCE NOVEMBER 23RD, 1953 AN ORDINANCE TRANSFERRING FUNDS FROM CITY PLAN COMMISSION 11. PERSONAL SERVICE $250000 TO 2429 PRINTING $250.00 ALL OF THE BUDGET FOR 1953 OF THE CIVIL CITY OF SOUTH BEND, INDIANA AND DECLARING AN EMERGENCY. The ordinance was given first reading by title and second reading in full. Councilman Muszynski made a motion that the ordinance be referred to the Committee of the 'Whole for public hearing on December 14th, 1953. Councilman Korpal seconded the motion. Motion carried. ORDINANCE AN ORDINANCE AMENIENG ORDINANCE N0. 3702, ADOPTED JUNE 13, 1949, AND COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND. (Lot on the north side of E. Colfax Ave. from Notre Dame Ave. to Frances St.) The ordinance was given third reading and lost by a roll call vote of 1 e a (Councilman Glass) - 7 nays (Councilmen Erler, Alford, Korpal, Pinter, Niezgodski, Hahn and Muszynski� - 1 absent (Councilman Bestle). REASONS FOR REJECTING AMENDMENT TO ZONING ORDINANCE N0. 3702 (Lot on o side of Be Colfax Ave*-from Notre Dame ve. to Frances St.) To prevent the increase of congestion on thru or heavily traveled street. Impairs,safety of thru heavily traveled streets by adding additional wide drives out to street, hindering the free flow: of traffic. There seems to be ample commercially zoned property in this area which has not been absorbed by commercial usage. Extending commercial zoning on E. Colfax Ave. is chain zoning, which has not been considered desirable zoning. It opposes to theory of localizing commercial centers. ORDINANCE WALTER C. E RLER SR. President of the Uommon Council AN ORDINANCE AMENDING ORDINANCE N09 3702, ADOPTED JUNE 13, 1949, AND COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND. (76 acre tract lying north of Lincoln Way West and west of Bendix Drive) President Erler announced third reading of the ordinance and a roll call vote against sustaining the Council's original rejection. Th6 ordinance was given third reading by a roll call vote of 6 ayes (Councilman Alford, Korpal, Pinter,. Niezgodski, Hahn and Muszynski) - 2 nays,(Councilman Erler and Glass) - 1 absent (Councilman Bestle). 5 MINUTE RECESS - 9:20 P.M. Councilman Hahn made a motion for a five minute recess. Councilman Glass seconded the motion. Motion carried. RECONVENED MEETING.- 9:25 P.M. Councilman Hahn made a motion that the. Council reconsider the matter. Councilman Muszynski seconded the motion. Motion carried. Ordinance rejected by a roll call vote of 8 ayes (Councilmen Erler, Alford, Korpal, Pinter, Niezgodski, Glass, Hahn and Muszynski) - 1 absent (Councilman Bestle). ORDINANCE AN ORDINANCE AUTHORIZING THE SALE OF LOT NUMBERED TWENTY -FIVE (25) AS SHOWN ON THE RECORDED PLAT OF NORTH SHORE TERRACE, AN ADDITION TO TOE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, OWNED BY THE MUNICIPAL CITY OF SOUTH BEND. The ordinance was given first reading by title and second reading in full. Councilman Muszynski made a motion that the ordinance be referred to the next Council meeting on December 14th. Councilman Hahn. seconded the motion. Motion carried. RESOLUTION WHEREAS: God in his infinite wisdom has called from this life Mrs. Leanora Carter, the mother of F. R. Nicholas Carter, our city health officer, and WHEREASs Her death has brought grief and sorrow to her son F. R. Nicholas Carter and his family, NOWT, THEREFORE BE IT RESOLVED that we, the Common Council of the City of South Bend, do extend to our health officer F. R. Nicholas Carter and his family our sincere sympathy in this, their deepest hour of sorrow and that a copy of this resolution duly certified by the Clerk be sent to the bereaved. WAalter C. Erler Sr. Percy Alford We A. Hahn Chester Muszynski Stanley C. Korpal Walter G. Glass Michael R. Pinter Clem Niezgodski Cloyd Bestle 6ouncilman Niezgodski made a motion for the adoption of the Resolution. Councilman Muszynski seconded the motion. Motion carried. 9�0 . J REGULAR MEETING NOVEMBER 23RD, 1953 UNFINISHED BUSINESS Councilman Glass made a motion that the Warm Air Heating Ordinance be held up until January 11th in order that contractors, installers and general builders may have an-opportunity to study the ordinance. Councilman Niezg seconded the motion. Motion carried. NEW BUSINESS Councilman Niezgodski made a motion that the Board of Public Works contact Mr. Walter Jaworski; 222 S. Cherry St. (after 4:00 P.M.) relative to parking of cars on sidewalk near the Malleable Steel Range. Councilman Muszynski 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 Niezgodski. Motion carried, and Council adjourned at 9:55 P.M. ATTEST: DEPUTY CLERK v APPROVED: PRESIDENT