HomeMy WebLinkAbout02-14-56 Council Special Meeting Minutes................................................................................. ...............................
SPECIAL MEETING
FEBRUARY 14th, 1956
Be it remembered that the Common Council of the City of South Bend, Indiana, met in Special Session in the
Council Chambers on Tuesday, February 14th, 1956, at 10:15 P.M., with all members present'except Councilman Hahn.
STATE OF INDIANA )
) SS:
CITY OF SOUTH BEND )
CALL FOR SPECIAL MEETING
To the President, and members of the Common Council of the City of South Bend, Indiana:
Gentlemen:
You are hereby notified that under and by virtue of the authority vested in my by law as Mayor of the City of
South Bend, in the State of Indiana, a special meeting of the Common Council of said City is hereby called to
meet in the Council Chamber, in the City Hall, at the hour of 8:00 P.M. (C.S.T.) on Tuesday, February 14th,
1956, for the purpose of considering the following matters, to -wit:
Report of the Committee of the Whole
Minutes:
Report of Committee on Minutes
Communications"
Communication from Mrs. Hahn
Communication from William R. Morris
Reports:.
Report of City Controller for the year 1955
Annual Report of the Park Department
Ordinances, Third Reading:
An Ordinance amending Ordinance No. 3702 commonly known as
the Zoning Ordinance of the City of South Bend, Indiana, to
rezone 35 acres of land in the Wk of the NEk of S8, T37N,
R3E from "A' Residential District and "A" Height and Area
Use District to 11C -2" Planned Shopping Center District.
An Ordinance amending Ordinance No. 3702 commonly known as
the Zoning Ordinance of the City of South Bend, Indiana to
rezone Lots 191 to 196 inclusive in Berner Grove Addition, from
"B" Residential Use District and "B" Height and Area District
to "C" Commercial Use District and "D" Height and Area District.
Report of City Plan Commission` :
Report from Plan Commission on petition of John Stith, et al, to zone
from Light - industrial Use District to "B" Residential Use District and
"B" Height and Area District Lots 61 through 68 of Kaley's First Sub-
division and Lots 89 through 95 of Kaley's Second Subdivision.
Report from Plan Commission on petition of Lola M. Wayt, et al, to zone
property on the North Side of Mishawaka Avenue, namely lots 163 through
168 in Berner Grove First Addition from "B" Residential and "A" Height
and Area District to "C" Commercial Use and "D" Height and Area District.
Report from Plan Commission on petition of Stan ey�.R,.;.Cope and`Company to
zone lots 266 through 268 of D. N. Shively Addition from "B" Use and "A"
Height and Area District to "D" Light - industrial use District and "E" Height
and Area District.
Report from Plan Commission on petition of Standard Oil Company of Indiana
to rezone from "B" Residential to "C" Commercial Use District, Lot 8 and
part of lot 7 of A. N. Cushing Addition.
Ordinances, First and Second Reading:
An Ordinance providing for Additional personnel in the pfice of the Traffic
Violations Department of South Bend and appropriating from the General Fund
of the City of South Bend, the sum of Three Thousand ($3,000.00) Dollars to the
Budgetary Item E -11, Services - Personal in the Budget of the City Judge.
An Ordinance transferring funds in the Budget of the City Judge as follows:
From E -12, Pro -tem Special Judge$- and Juries, the sum of $300.00; to E 362,
Printing $50.00; to E 363 Office Supplies $25.00; to E 721 Furniture and
Fixtures $225.00
An Ordinance Transferring funds in the Budget of the Health Department as
follows: The Sum of $400.00 from W38, Board of Health Supplies General to
W 725 Board of Health Office Equipment; the sum of $350.00 from W721 Board
of ;Health_Furniture and Fixtures to,W725 Board of Health Office- Equipment.
Also the transfer of funds in the Budget of the Building Department as fol-
lows: The sum of $320.00 from MB721 Building Department Furniture and Fix-
tures to MB725, Building Department Office Equipment.
An Ordinance approving, ratifying and confirming a certain contract and
agreement made and entered into by and between the City of South Bend, Ind -
Aana:acting by and through its Board of Public Works and Safety, and
Northern Indiana Transit, Inc. its successors and assigns, which said con-
tract relates to the rates charged for Bus transportation service upon cer-
tain streets and highways in said City.
The Chief of Police or.any member of the Police Force is hereby directed to forthwith serve a copy of this
.notice on eacbt and every member of the Common Council and make due return of such service of said Special
Meeting.
Dated this 9th day of February, 1956.
4
FREDA G. NOBLE
City Clerk of the City of South Bend, Indiana
EDWARD F. VOORDE
Mayor of the City of South Bend, Indiana
The within call came to hand this 9th day of February, 1956, which I served by reading the same to each
Councilman, upon the date designated as follows:
WALTER G. GLASS
MRS. GEORGE CARR
MRS. GLADYS TELLSON
WALTER C. ERLER, SR.
JOSEPH T. KROLL
JULIUS B. CHRISTMAN, JR.
MRS. S. KORPAL
MRS. CHESTER MUSZYNSKI
J. CHARLES DUTRIEUX
Chief of Police
The Special Call was read by the City Clerk and ordered placed on file.
COMMUNICATIONS:
A communication from Mrs. Charles Hahn acknowledging a plant sent to Mr. William Hahn. Motion by Councilman
Muszynski that the communication be accepted and placed on file. Seconded by Councilman Erler. Motion carried.
A Communication from Mr William Morris was read wherein he asked that the enclosed petition containing four-
teen (14) signatures be attached to a petition previously presented to the Board of Public Works and Safety and
referred to the Council. The above mentioned petition, containing 505 signatures, was presented to the Council
and its contents noted.
Motion by Councilman Erler that. the Communication be accepted and placed on file. Motion seconded by Councilman
Muszynski. Motion carried.
REPORT OF THE CITY CONTROLLER OF THE CITY OF SOUTH BEND, INDIANA, FOR THE _MONTH _OF DECEMBER. 1955
Balance on hand first of month . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,429,094.62
Receipts during month . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2,750,170.33
Disbursements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2,475,387.58
Balance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,703,877.37
REPORT OF CITY CONTROLLER OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR ENDING DECEMBER 31st, 1955
Balance on hand first of year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,485, 558.82
Receipts during year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31,047,640.66
Disbursements . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31,829,322.11
Balance December 31st, 1955 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2,703,877.37
REPORT OF CITY CONTROLLER OF THE CITY OF SOUTH BEND, INDIANA, FOR THE MONTH of JANUARY. 1956
Balance on hand first of month . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,703,877.37
Receipts during month . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,205,102.88
Disbursements 721, 590.74
Balance January 31, 1956 $ 3,187,389.51
Motion by Councilman Muszynski that the report be accepted and placed on file. Seconded by Councilman Carr.
Motion carried.
REPORT OF PARK DEPARTMENT
The Clerk read the report of the Park Department for the year 1955. Motion by Councilman Erler that the report
be accepted and placed.on,file. Seconded by Councilman Carr. Motion carried.
ORDINANCE
AN ORDINANCE AMENDING ORDINANCE NO. 3702 COMMONLY
KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH
BEND, INDIANA.
�( A part of the Wk of the NEk, S8, T37N, R3E,
now within and a part of South Bend,Indiana,
Herman Light Petition)
The Ordinance was given third reading and lost by a roll call vote of 4 ayes, 4 nays and 1 absent. The Council-
men voted 4 ayes, Councilmen Korpal, care, Kroll and Muszynski; 4 nays, Councilmen Tellson, Christman, Glass and
Erler. Councilman Hahn was absent.
ORDINANCE NO. 4071
AN ORDINANCE AMENDING ORDINANCE NUMBER 3702, COMMONLY
KNOWN AS ZONING ORDINANCE OF THE CITY OF SOUTH BEND,
INDIANA
(Lots 191 -196, inclusive, Berner Grove Addition, on
Mishawaka Ave., South Bend, Ind., between 28th and
29th Streets. Herman R. Larson Petition)
The Ordinance was given third reading and passed by a roll call vote of 8 ayes, 0 nays, 1 absent. Ordinance
pasied.. r
REPORT OF CITY PLAN COMMISSION
Honorable Common Council
City of South Bend
South Bend, Indiana
Gentlemen:
February 7, 1956
The attached petition of John Stith, et al, to zone from Light - industrial Use District to "B" Residential Use
District and "B" Height and Area District Lots numbered 61.through 68 of Kaley's First Subdivision and Lots Num-
bered 89 through 95 of Kaley's Second Subdivision, being all lots facing Kenwood Avenue between Meade and Fremont
Streets, was legally advertised under date,of January 23, 1956., The public hearing was held under date of Feb-
ruary -2, 1956, at which date the Commission, in executive session, considered the petition and remonstrances
thereto and took the following action:
The Commission found that peroperty was zoned commercially and used residentially, that there would be no non-
conforming uses created by a change to "B" Residential Use, that property owners wished the protection of resi-
dential zoning, that property would increase in value and reflect favorably on surrounding property values, and
that the public welfare would be best served by the favorable recommendation of the petition.
It was therefore, moved, seconded, and carried that the petition be recommended favorably.
Very truly, yours,
CITY PLANNING COMMISSION
Robert L. Huff
RLH:aed Director- Secretary
Councilman Kroll moved that the report be accepted and placed on file. Seconded by Councilman Muszynski.
Motion carried.
REPORT OF CITY PLAN COMMISSION
Honorable Common Council
City of South Bend
South Bend, Indiana
Gentlemen:
January 23, 1956
The attached petition of Lola M. Wayt, et al, to zone property on the north side of Mishawaka Avenue between 27th
and 28th Street to "C" Commercial and ",D" Height and Area District was legally advertised under date of October
24. 1955, and public hearing held before the Planning Commission under date of November 3, 1955.
After due condieration, the Commission found that land use in the immediate vicinity of subject property was pre-
SPECIAL MEETING
FEBRUARY 14th, 1956
dominately commercial and that surrounding properties fronting Mishawaka Avenue were zoned commercially.
The Commission further found that subject property would be the only residentially zoned area fronting Mishawaka
in the vicinity of subject property.
It was therefore moved, seconded, and unanimously carried that the petition be favorably recommended to the
Common Council.
This letter of recommendation has been held pending the submission of the necessary ordinance by petitioners.
Very truly yours,
CITY PLANNING COMMISSION
Robert L. Huff
RLH:aed Director
Motion by Councilman Glass that the report be accepted and placed on file. Seconded by Councilman Muszynski.
Motion carried.
REPORT OF CITY PLAN COMMISSION
Honorable Common Council
City of South Bend
South Bend, Indiana
Gentlemen:
February 7, 1956
The attached petition of Stanley R. Cope and Company to zone Lots 266 through 268-of D. N. Shively Addition to.
Light - Industrial Use District and "E" Height and Area District, said lots facing Williams Street and being im-
mediately south of the east -west alley south of and parallel-to Calvert Street, was legally advertised under
date of December 23, 1955. The public hearing was held under date of January 5, 1956, and tabled to February 2,
1956, at< which date the Commission, in executive session, considered the petition and remonstrances thereto and
took the following action:
After due consideration the Commission found that under date of June 4, 1953, one Earl Smith.had petitioned to
change subject property to "D" Use District and "E" Height and Area District, at which time the Commission
recommended the petition unfavorably.
The Commission found that there had been no change in the character and use of property in the Immediate neigh-
borhood. The Commission further found that whereby a considerable amount of property in immediate vicinity
was now zoned light - industrially, said property, with one exception, was used resides tially. The Commission
further found that the granting of the petition would be an unwarranted intrusion into a residential district
and further found that vacant land existed in the immediate vicinity which was now zoned light- industrially, and
found no need at the present time for additional light - industrial use.
It was therefore moved, seconded, and carried that the petition be recommended to the Council unfavorably.
Very truly yours,
CITY PLANNING COMMISSION
Robert L. Huff
Motion by Councilman Muszyfiski that the report be accepted and placed on file. Seconded by Councilman Carr.
Motion carried.
REPORT OF CITY PLAN COMMISSION
Honorable Common Council
City of South Bend
South Bend, Indiana
Gentlemen:
February 7, 1956
Attached petition of Standard Oil Company of Indiana was legally advertised under date of December 23, 1955, The
public hearing was held under date of January 5, 1956. The petition seeks to zone from "B" Residential to "C"
Commercial Use District Lot No. 8 and a part of 7 of A. H. Cushing Addition, said lots being located at northeast
intersection of Lincolnway West and Blaine Avenue.
Under date of February 2, 1956, the Planning Commission, having fully considered the petition and remonstrances
thereto, took the following action:
After due consideration the Commisiion found that the granting of the petition would result in a clear case of
"spot zoning" inasmuch as one small area would derive special benefits which would be denied surrounding
property owners, and the granting of the petition would be unconstitutional and void on the general ground
that it would not bear a substantial relation to the public health, safety, morals, and general welfare,_and
would be out of harmony and in conflict with the comprehensive zoning ordinance of the city.
The Commission further found that subject property would be surrounded by residential zoning districts and
residential land use, and that commercial zoning districts exist on Lincoln Way West two blocks in either direc-
tion from subject property.
The Commission further found that the granting of petition would result in the zoning ordim nce being diverted
from its true objectives.
It was therefore, moved, seconded, and unanimously carried that the petition be recommended unfavorably.
Very truly yours,
CITY PLANNING COMMISSION
Robert L. Huff
Director- Secretary
RLH :aedMotion by Councilman Muszynski that the report be accepted and placed on file. Seconded by Councilman
Erler. Motion carried.
REECIAL MEETING
ORDINANCE
AN ORDINANCE PROVIDING FOR ADDITIONAL PERSONNEL IN
THE OFFICE OF THE TRAFFIC VIOLATIONS DEPARTMENT OF
SOUTH BEND AND APPROPRIATING FROM THE GENERAL FUND
OF THE CITY OF SOUTH BEND THE SUM OF THREE THOUSAND
DOLLARS TO THE BUDGETARY ITEM, SERVICES - PERSONAL,
IN THE OFFICE OF THE CITY JUDGE, REPEALING ANY AND
ALL CONFLICTING ORDINANCES AND DECLARING AN EXTRA
ORDINARIf EMERGENCY.
FEBRUARY 14, 1956
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 February 27th. -Motion seconded
by Councilman Kroll. Motion carried.
ORDINANCE
AN ORDINANCE PROVIDING FOR THE TRANSFER OF APPROPRIATED
FUNDS IN THE AMOUNT OF $225.00 FROM BUDGETARY ITEM E -12,
ENTITLED "PRO -TEM SPECIAL JUDGES & JURIES -- $800.00" TO
BUDGETARY ITEM E -72 ENTITLED "EQUIPMENT" SUB ITEM 721 ENTITLED
"FURNITURE AND FIXTURES" AS SET FORTH IN THE BUDGET FOR THE
OFFICE OF CITY JUDGE OF SOUTH BEND FOR THE YEAR 1956, RE-
PEALING ANY AND ALL CONFLICTING ORDINANCES AND DECLARING
AN EXTRA-ORDINARY EMERGENCY.
The ordinance was given first reading by title and second reading in full. Councilman Kroll made a motion that
the ordinance'be referred to the Committee of the Whole for public hearing on February 27th. Motion seconded
by Councilman Carr. Motion carried.
ORDINANCE
AN ORDINANCE PROVIND FOR THE TRANSFER OF APPROPRIATED FUNDS
IN THE AMOUNT OF $75.00 FROM BUDGETARY ITEM E -12 ENTITLED
"PRO -TEM SPECIAL JUDGES & JURIES - -- $800.00" TO BUDGETARY
ITEM ENTITLED "SUPPLIES E -36 OFFICE ".SUB ITEM #362 ENTITLED
"STATIONARY AND PRINTINGAND SUB ITEM #363 ENTITLED "OTHER
OFFICE SUPPLIES" AS SET FORTH IN THE BUDGET FOR THE OFFICE.
OF CITY JUDGE OF SOUTH BEND F04 THE YEAR 1956, REPEALING ANY
AND ALL CONFLICTING ORDINANCES AND DECLARING AN EXTRA - ORDINARY
EMERGENCY.
The ordinance was given first reading by title and second reading in full. Councilman Kroll made a motion that
the ordinance be referred to the Committee of the Whole for public hearing on February 27th. Motion seconded
by Councilman Carr. Motion carried.
ORDINANCE
AN ORDINANCE TRANSFERRING AND APPROPRIATING $400.99 FROM W38
BOARD OF HEALTH SUPPLIES GENERAL TO W725 BOARD OF HEALTH OFFICE
EQUIPMENT: AND $350.00 FROM W721 BOARD OF HEALTH FURNITURE AND
FIXTURES TO W725 BOARD OF HEALTH OFFICE EQUIPMENT: AND $329.00
FROM MB 721 BUILDING DEPARTMENT FURNITURE AND FIXTURES TO.MB725
BUILDING DEPARTMENT OFFICE EQUIPMENT: ALL OF THE BUDGET FOR
1956 OF THE CIVIL CITY OF SOUTH BEND, INDIANS AND DECLARING AN
EMERGENCY.
The ordinance was given first reading by title and second reading in full. Councilman Carr made a motion that
the ordinance be referred to the Committee of the Whole for public hearing on February 27th. Motion seconded
by Councilman Kroll. Motion carried.
ORDINANCE 4072
AN ORDINANCE APPROVING, RATIFYING AND CONFIRMING A CERTAIN
CONTRACT AND AGREEMENT MADE AND ENTERED INTO BY AND BETWEEN
THE CITY OF SOUTH BEND., INDIANA, ACTING BY AND 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 HIGHWAYS IN SAID CITY.
The ordinance was given first reading by title and second reading in full. Councilman Muszynski made a motion
for suspension of rules. Councilman Kroll 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.
UNFINISHED BUSINESS
City Attorney Irving J. Smith made a report concerning flasher lights which had been operating throughout the
city. He stated that the Police Department had reported that two- thitds of the flasher lights had been removed
and that n;one were operating as of this date. Councilman Glass commended Attorney Smith and the Police Depart-
ment for'_their excellent cooperation in this:matter.
There being no further business befsre the Council, Couneilman Glass made a motion to adjourn. Councilman
Muszynski seconded the motion. Motion carried. Council adjou5n�d at 10 :59, P.M.
ATTEST: APPROVED:
(Tt
Clerk
4resident